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By-Law No. 3022/21
Comprehensive Zoning By-law for the
Town of Espanola
Prepared for:
The Corporation of the Town of Espanola
100 Tudhope St, Suite 2
Espanola, ON P5E 1S6
Prepared by:
J.L. Richards & Associates Limited
Consulting Engineers, Architects & Planners
314 Countryside Drive
Sudbury, ON P3E 2K8
JLR No. 26773-05
Adopted by Council on June 8, 2021
As amended and consolidated to September 2, 2025
EXPLANATORY NOTE
The purpose and effect of Zoning By-law No. 3022/21 is to update the Comprehensive Zoning By-law for
the Town of Espanola. The Zoning By-law was updated to be in conformity with the 2018 Official Plan.
The By-law includes the regulation of the use of land, the size and location of buildings and structures,
and parking requirements in the Town of Espanola.
Town of Espanola Zoning By-law
June 8, 2021, as Amended and
Consolidated to May 20, 2025
i
By-law No. 3022/21
SECTION 1
AUTHORIZATION AND ADMINISTRATION
........................................................ 1-1
SECTION 2
DEFINITIONS
........................................................ 2-1
SECTION 3
GENERAL PROVISIONS
........................................................ 3-1
3.1
Accessory Uses ................................................................................................................. 3-1
3.2
Automobile Service Stations and Commercial Garages .................................................. 3-5
3.3
Buildings to be Moved ..................................................................................................... 3-6
3.4
Conflicting Standards ....................................................................................................... 3-6
3.5
Construction Uses ............................................................................................................ 3-6
3.6
Development and Redevelopment .................................................................................. 3-7
3.7
Dwelling Units .................................................................................................................. 3-7
3.8
Established Building Line in Built-Up Area ....................................................................... 3-7
3.9
Frontage on an Improved Street ..................................................................................... 3-7
3.10
Height Exceptions ............................................................................................................ 3-8
3.11
Home Based Businesses ................................................................................................... 3-8
3.12
Landscaped Open Space ................................................................................................ 3-10
3.13
Lots Divided into More Than One Zone ......................................................................... 3-10
3.14
Minimum Distance Separation (MDS) ........................................................................... 3-11
3.15
Mobile Homes ................................................................................................................ 3-11
3.16
Municipal Piped Services ............................................................................................... 3-11
3.17
Non-Complying Buildings, Structures, and Lots ............................................................. 3-11
3.18
Non-Conforming Buildings and Structures .................................................................... 3-12
3.19
Noxious Uses .................................................................................................................. 3-13
3.20
Occupancy Restrictions .................................................................................................. 3-13
3.21
Open Storage ................................................................................................................. 3-14
3.22
Outdoor Illumination ..................................................................................................... 3-14
3.23
Parking Area Requirements ........................................................................................... 3-14
3.24
Public Uses Permitted .................................................................................................... 3-20
3.25
Recreational Vehicles -Temporary Use and Storage ..................................................... 3-20
3.26
Short Term Rentals ........................................................................................................ 3-22
3.27
Sight Triangles ................................................................................................................ 3-22
3.28
Signs ............................................................................................................................... 3-23
3.29
Temporary Uses ............................................................................................................. 3-23
3.30
Through Lots .................................................................................................................. 3-23
3.31
Vehicle Storage .............................................................................................................. 3-23
3.32
Wayside Pits and Quarries ............................................................................................. 3-24
3.33
Yard Encroachments ...................................................................................................... 3-24
SECTION 4
ZONES
........................................................ 4-1
SECTION 5
R1 ZONE - RESIDENTIAL FIRST DENSITY
........................................................ 5-1
SECTION 6
R3 ZONE - RESIDENTIAL THIRD DENSITY
........................................................ 6-1
SECTION 7
RT ZONE - MOBILE HOME PARK
........................................................ 7-1
SECTION 8
RR ZONE - RURAL RESIDENTIAL
........................................................ 8-1
SECTION 9
C ZONE - LOCAL COMMERCIAL
........................................................ 9-1
SECTION 10
TC ZONE - TOWN CENTRE COMMERCIAL
...................................................... 10-1
SECTION 11
AC ZONE - ADULT COMMERCIAL
...................................................... 11-1
SECTION 12
C2 ZONE - HIGHWAY COMMERCIAL
...................................................... 12-1
SECTION 13
SC ZONE - SHOPPING CENTRE
...................................................... 13-1
SECTION 14
RC ZONE - RURAL COMMERCIAL
...................................................... 14-1
Town of Espanola Zoning By-law
June 8, 2021, as Amended and
Consolidated to May 20, 2025
ii
By-law No. 3022/21
SECTION 15
M1 ZONE - SPECIAL INDUSTRIAL-COMMERCIAL
...................................................... 15-1
SECTION 16
M2 ZONE - LIGHT INDUSTRIAL
...................................................... 16-1
SECTION 17
M3 ZONE - HEAVY INDUSTRIAL
...................................................... 17-1
SECTION 18
RM ZONE - RURAL INDUSTRIAL
...................................................... 18-1
SECTION 19
MX ZONE - MINERAL AGGREGATE EXTRACTION
...................................................... 19-1
SECTION 20
I ZONE - INSTITUTIONAL
...................................................... 20-1
SECTION 21
RU ZONE - RURAL
...................................................... 21-1
SECTION 22
W ZONE - WATERFRONT GENERAL
...................................................... 22-1
SECTION 23
WR ZONE - WATERFRONT RESIDENTIAL
...................................................... 23-1
SECTION 24
WT ZONE - WATERFRONT TOURIST COMMERCIAL
...................................................... 24-1
SECTION 25
OS1 ZONE - GENERAL OPEN SPACE
...................................................... 25-1
SECTION 26
OS2 ZONE - RESTRICTED OPEN SPACE
...................................................... 26-1
SECTION 27
WM ZONE - WASTE MANAGEMENT
...................................................... 27-1
SECTION 28
EP ZONE - ENVIRONMENTAL PROTECTION (FLOOD PLAIN) .................................................. 28-1
SECTION 29
NOTICE
...................................................... 29-1
June 8, 2021, as Amended and
Consolidated to May 20, 2025
1-1
By-law No. 3022/21
SECTION 1 AUTHORIZATION AND ADMINISTRATION
1.1
Title
This By-law shall be known as the "Zoning By-law" or By-law No. 3022/21 of the Corporation of
the Town of Espanola.
1.2
Defined Area
The provisions of this By-law shall apply to all lands within the incorporated limits of the Town of
Espanola.
1.3
Scope
No land shall be used and no building or structures shall be erected, altered, enlarged, or used
within the Town of Espanola except in conformity with the provisions of this By-law.
1.4
Violations and Penalties
Any person convicted of a breach of any of the provisions of this By-law shall be liable to a fine
recoverable under the Provincial Offenses Act. Each day of violation shall constitute an offence.
1.5
Effective Date
This By-law shall come into effect on the day it is passed by Council subject to the appeal
provisions of the Planning Act.
1.6
Validity
If any portion of this By-law is for any reason declared invalid by a court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
By-law.
1.7
Administrator
This Zoning By-law is administered by the Town Clerk or his appointee and a certified true copy
is on file in the office of the Clerk of the Town of Espanola.
1.8
Inspection of Premises
The Town Clerk or any employee of the Town of Espanola acting under his direction, may, at any
reasonable hour (as set out by Council), enter and inspect a property or premises where there is
reason to believe that any land has been used or any building or structure has been erected,
altered, enlarged, or used in violation of any of the provisions of this By-law.
Town of Espanola Zoning By-law
AUTHORIZATION &
SECTION 1
ADMINISTRATION
June 8, 2021, as Amended and
Consolidated to May 20, 2025
1-2
By-law No. 3022/21
1.9
Licenses and Permits
a)
No change shall be made in the type of use of any land, building, or structure within any
zone, without first obtaining a Certificate of Occupancy from the Town to the effect that
the proposed use conforms to this By-law.
b)
No municipal permit, certificate, or licence shall be issued for a proposed use of land or
a proposed erection, alteration, enlargement, or use of any building or structure that is
in contravention of any provision of this By-law.
1.10
Request for an Amendment
Where an amendment to this Zoning By-law is requested by an owner of land in the Town, the
said owner shall complete and submit to the Town, prior to his request being considered, an
application form for Amendment to the Zoning By-law.
1.11
Applications and Plans
In addition to the requirements of any Building By-law, every application for a building permit
shall be accompanied by sufficient information, in an appropriate form, to determine whether
the building or structure conforms to the requirements of this By-law. This shall include:
a)
A plan drawn to scale showing the true dimensions of the lot to be built on and used;
the location, height, and dimensions of any existing or proposed building, structure, and
use; the location of any required setback and the proposed location and dimension of
any yard, landscaped open space, and off-street parking and loading required by the By-
law; and
b)
A statement signed by the Owner giving the exact use proposed for each building,
structure, or the proposed use of the lot to determine whether such building, structure,
or use conforms to this By-law.
1.12
Action to Restrain Contraventions of By-law
In the case of any lot being used, any building or structure being erected, altered, reconstructed,
or extended or part therefore being used in contravention of any provision of this By-law, such
contravention may be restrained by action at the instance of any ratepayer or of the Town
pursuant to the provisions of Section 67 of the Planning Act in that behalf.
1.13
Interpretation
The provisions of this By-law shall be held to be the minimum requirements except where the
word maximum is used in which case the maximum requirement shall apply.
Town of Espanola Zoning By-law
AUTHORIZATION &
SECTION 1
ADMINISTRATION
June 8, 2021, as Amended and
Consolidated to May 20, 2025
1-3
By-law No. 3022/21
In this By-law the word 'shall' is mandatory; words in the singular include the plural; words in
the plural include the singular; words in the present tense include the future; the masculine
includes the feminine.
1.14
Measurements
Measurements contained in this By-law are in metric units only. Where imperial units appear,
such units do not form part of this By-law; they are to be considered as ancillary information
only are provided only for the convenience of the reader.
1.15
Repeal of Existing By-laws
The following By-laws passed pursuant to Section 34 of the Planning Act (R.S.O. 1990, c.13 or
predecessor thereof and amendments thereto) are hereby repealed and such repeal shall come
into effect upon the date this By-law comes into force:
o By-law 2368/2011 and amendments thereto;
o By-law No. 1100 and amendments thereto; and
o Township of Merritt Zoning Order.
Note that where amending by-law numbers are referenced in text, they are provided for
reference only, and upon consolidation with this By-law are repealed.
1.16
Technical Revisions
Revisions may be made to this by-law without the need for a zoning by-law amendment in the
following cases:
a)
correction of grammar, punctuation or typographical errors, or revisions to format in a
manner that does not change the intent of a provision;
b)
adding or revising technical information on maps or schedules that does not affect the
zoning of lands including, but not limited to, matters such as updating and correcting
infrastructure information, keys, legends, or title blocks; and
c)
changes to appendices, footnotes, headings, indices, marginal notes, tables of contents,
illustrations, historical or reference information, page numbering, footers, and headers,
which do not form a part of this by-law and are editorially inserted for convenience of
reference only.
June 8, 2021, as Amended and
Consolidated to May 20, 2025
2-1
By-law No. 3022/21
SECTION 2 DEFINITIONS
For the purpose of this By-law, the definitions and interpretations given in this Section shall
govern.
Accessory, when used to describe a use, building, or structure, shall mean a use, building, or
structure that is customarily incidental and subordinate to the main use and located on the
same lot with such main use. This definition shall include:
a)
Decks greater than or equal to 0.6 m in height;
b)
Gazebos; and
c)
Freestanding solar panels and wind turbines.
Adult Entertainment Business shall mean any premises or part thereof including a retail store,
entertainment parlour, or other business in which the principle trade provided, in pursuance of
a trade, calling, business, occupation, goods, or services appeals to or is designed to appeal to
erotic or sexual appetites or inclinations.
Agricultural Use shall mean the use of land, buildings or structures for:
a)
The growing of crops, including cannabis, including all related activities such as soil
preparation, manure or fertilizer spreading, planting, spraying, irrigating, harvesting,
and also including the storage and sale of crops;
b)
The raising, boarding, keeping and sale of all forms of livestock, except dogs, including
all related activities such as breeding, training, feeding, and grazing, and including the
raising of fish;
c)
The production of animal products such as milk, eggs, wool, fur, or honey, including
related activities such as the collection, storage, and sale of the products;
d)
A greenhouse or nursery garden, including storage and sale of the products; and
e)
The use and storage of all forms of equipment or machinery needed to accomplish the
foregoing activities.
Agricultural-Related Use shall mean a farm-related commercial or farm-related industrial use
that is directly related to farm operations in the area, supports agriculture, benefits from being
in close proximity to farm operations, and provides direct products and/or services to farm
operations as a primary activity.
Agri-tourism Use shall mean those farm-related tourism uses, including limited accommodation
such as a bed and breakfast, that promote the enjoyment, education or activities related to the
farm operation.
Town of Espanola Zoning By-law
SECTION 2
DEFINITIONS
June 8, 2021, as Amended and
Consolidated to May 20, 2025
2-2
By-law No. 3022/21
Alter, in reference to
a)
a building or part thereof, shall mean to change any one or more of the external
dimensions of such building or to change the type of construction of the exterior walls
or roof thereof;
b)
a lot, shall mean to change the area frontage or depth thereof, to change the width,
depth or area of any required yard, landscaped open space or parking area, or to change
the location of any boundary of such lot in respect to a street or lane, whether such
alteration is made by conveyance, alienation of any parts of such lot, or otherwise; and
altered and alteration shall have corresponding meanings.
Attached shall mean a building or structure otherwise complete in itself, which depends for
structural support, or complete enclosure, upon a division wall or walls shared in common with
adjacent building or structures.
Attic shall mean that portion of a building immediately below the roof and wholly or partly
within the roof framing.
Auditorium shall mean a building or structure where facilities are provided for athletic, civic,
educational, political, religious, or social events. This definition may include an arena,
community centre, gymnasium, stadium, theatre, or similar use.
Automobile Service Station shall mean a building where automotive fuel such as, but not
necessarily limited to gasoline, propane, and diesel fuel and where oil is kept for sale and where
only minor or emergency repairs essential to the actual operation of motor vehicles may also be
performed, and where grease, anti-freeze, tires, spark plugs, and other automobile accessories
may be sold incidentally, and where motor vehicles may also be oiled, greased, or washed, but
where no other activities of a commercial garage are carried on.
Automotive Store shall mean an establishment primarily engaged in the retail sale of vehicle
parts, accessories, and tools. Accessory uses may include service bays for performing
maintenance and repair operations on motor vehicles. This definition shall not include any
establishment otherwise defined herein or specifically named elsewhere in this By-law.
Average Finished Grade shall mean the average level of proposed or finished ground adjoining a
building at all exterior walls.
Basement shall mean one or more storeys of a building located below the first storey.
Bed and Breakfast shall mean a dwelling used incidentally to provide accommodation and meals
to transient travellers, but does not include a boarding house, a rooming house, hotel, or motel.
Building shall mean a structure having a roof supported by columns or walls or directly on the
foundation and used for the shelter and accommodation of persons, animals, or goods:
Town of Espanola Zoning By-law
SECTION 2
DEFINITIONS
June 8, 2021, as Amended and
Consolidated to May 20, 2025
2-3
By-law No. 3022/21
-, Accessory shall mean a building customarily incidental and subordinate to the main
use or building and located on the same lot with such main use or building.
-, Attached see "Attached".
-, Main shall mean the building serving the principal or primary uses for which the lot
was purchased, leased or rented.
-, Temporary shall mean a building or structure intended for removal or demolition
within a prescribed time, not exceeding two years, as set out in a building permit.
Building By-law shall mean any Building By-law of the Town and its amendments thereto.
Building Contractor's Shop shall mean a place of business for persons employed in building
trades such as painting, plumbing, electrical work, masonry, metal working, and carpentry or
truck, bulldozer, loader, and backhoe operating and such place of business may be used for the
storage of equipment, materials, and vehicles which are used on construction sites and may
include such related uses as office space, or maintenance facilities, but shall not include a retail
business, sales counter, nor a wholesale business.
Building Line shall mean a line within a lot drawn parallel to a lot line establishing the minimum
distance between that lot line and any portion of a building or structure which may be erected.
Building Supply Outlet shall mean an establishment engaged in the selling or installing of
building supplies including lumber, millwork, siding, roofing, plumbing, electrical, heating, air
conditioning, home improvements, and similar items. This definition shall not include any
establishment otherwise defined herein or specifically named elsewhere in this By-law.
Carport shall mean a covered parking area which is open on at least two sides.
Car Wash shall mean a building or structure containing facilities for washing motor vehicles,
either by production line methods and mechanical devices, or by self-service operation.
Cellar shall mean that portion of a building between two floor levels which is partly or wholly
underground but which has more than one-half of its height from finished floor to finished
ceiling below the average finished grade.
Chickens, Backyard means the accessory use of lands or structures to raise hens (excluding
roosters).
Chief Building Official shall mean the officer or employee of the Town charged with the duty of
enforcing the Building Code Act together with any Regulations made thereunder, and the
provisions of the Building By-law.
Child Care Centre shall mean a "child care centre" as defined in the Child Care and Early Years
Act, 2014, and its successors.
Town of Espanola Zoning By-law
SECTION 2
DEFINITIONS
June 8, 2021, as Amended and
Consolidated to May 20, 2025
2-4
By-law No. 3022/21
Church shall mean a building dedicated to religious worship. Accessory uses may include a
church hall, church auditorium, Sunday school, a parish hall and an ecclesiastic residence on the
same lot.
Clinic shall mean one or more buildings or part of a building used solely for the purposes of
consultation, diagnosis and treatment of patients by Ontario Licensed physicians, dentists,
optometrists, denturists, chiropodists, chiropractitioners, or drugless practitioners, together
with their assistants, and without limiting the generality of the foregoing, the building(s) or part
thereof may include administrative offices, waiting rooms, treatment rooms, laboratories,
pharmacies, and dispensaries directly associated with the clinic, but shall not include
accommodation for in-patient care or operating rooms for major surgery.
Club, Commercial shall mean a building or premises used as an athletic, recreational, or social
club operated for gain or profit.
Club, Private shall mean a building or premises used as an athletic, recreational, or social club
not operated for gain or profit. This definition may include a social service club, a fraternity or
sorority, a hostel, a labour union hall, or similar use.
Communications Facility shall mean an installation which transmits, receives and/or relays
communications such as a microwave relay tower, telephone or telegraph line, cellular
telephone tower, radio or television broadcast tower, or similar facility.
Conservation Use shall mean the preservation and protection of the components of the natural
environment through management and maintenance for both the individual and society's uses,
both in the present and in the future.
Corporation shall mean the Corporation of the Town of Espanola.
Council shall mean the Council of the Corporation of the Town of Espanola.
Custom Workshop shall mean land and/or a building or part of a building used by a contractor,
builder, or tradesman to perform manufacturing, repair, or assembly work or for the storage of
equipment and materials used for off-site work and includes those operated by a carpenter, well
driller, tile drainage installer, a locksmith, blacksmith, tinsmith, gunsmith, welder, machinist, or
persons involved in similar occupations.
Department Store shall mean a Retail Store, primarily engaged in general merchandising at retail
of wide range of commodities. At least the three main lines, namely apparel, hardware, and
home furnishings should be carried, and other commodities formally carried by such
establishments, including dry goods, food products, home appliances, etc. may also be carried.
Development shall mean the creation of a new lot, a change in land use, or the construction of
buildings and structures, requiring approval under the Planning Act.
Dry Cleaning or Laundry Outlet shall mean a building used for the purpose of receiving articles
or goods of fabric to be subjected elsewhere to the process of cleaning or dyeing. Such
Town of Espanola Zoning By-law
SECTION 2
DEFINITIONS
June 8, 2021, as Amended and
Consolidated to May 20, 2025
2-5
By-law No. 3022/21
establishment may also be used for pressing and/or distributing any articles or goods which
have been received therein.
Dry Cleaning or Laundry Plant shall mean a building where dry cleaning, dry dyeing, cleaning, or
pressing of articles or goods of fabric is conducted and (1) in which solvents, which emit no
odours or fumes are, or can be, used, and (2) in which no noise or vibration causes a nuisance or
inconvenience without the premises. This definition may include a dry cleaning or laundry
outlet.
Dwelling shall mean a building used or intended to be used for human habitation and in which
all usual domestic functions may be carried on. This definition shall not include any vehicle as
defined herein.
-, Accessory shall mean a single dwelling which is accessory to a permitted non-
residential use, located on the same lot therewith and is occupied either by the owner
of such non-residential use or by a person employed on the lot where such dwelling is
located.
-, Additional Residential Unit shall mean a dwelling unit that is additional to the primary
dwelling unit that may be contained within the main building on a lot and/or in an
accessory building.
-, Apartment shall mean a building consisting of three or more independent dwelling
units other than a rowhouse dwelling.
Boarding House shall mean a dwelling or portion thereof containing not more than 4
guest rooms, used for the accommodation of the public in which the owner or head
lessee supplies for compensation, lodging with or without meals but does not include
any other establishment otherwise defined herein.
-, Duplex shall mean a building that is divided horizontally into two dwelling units.
Mobile Home shall mean a dwelling that is designed to be made mobile, and
constructed or manufactured as per the Ontario Building Code to provide a permanent
residence for one or more persons, but does not include a recreational vehicle, a travel
trailer or tent trailer, or trailer otherwise designed.
-, Rowhouse shall mean one of a building that is divided vertically into three or more
dwelling units.
-, Seasonal shall mean a building containing only one dwelling unit used for recreation
and not occupied as a permanent dwelling.
-, Semi-Detached shall mean one of a freestanding pair of dwelling units:
a)
attached together horizontally in whole or in part above grade and divided
vertically from each other by a common wall extending at least one storey above
finished grade, or
Town of Espanola Zoning By-law
SECTION 2
DEFINITIONS
June 8, 2021, as Amended and
Consolidated to May 20, 2025
2-6
By-law No. 3022/21
b)
attached by footings which span the continuous distance between each dwelling
below finished grade, and not connected above finished grade.
-, Single shall mean a detached building containing only one dwelling unit. This
definition shall include a modular home as defined herein.
Tiny Home shall mean a small, private and self-contained dwelling unit that meets the
minimum dwelling unit size as per the Ontario Building Code. A tiny home shall be
considered a single detached dwelling, unless it is on wheels, in which case it shall be
considered a mobile home.
-, Triplex shall mean a building that is divided horizontally into three dwelling units.
- Unit shall mean one or more rooms designed as a housekeeping unit, used or intended
to be used as a domicile by one or more persons and in which separate cooking, eating,
living, sleeping, and sanitary facilities are provided for the exclusive use of the
occupants, with a private entrance from outside the building or from a common hallway
or stairway inside the building.
Erect shall mean build, construct, reconstruct, remove or relocate and shall include any
preliminary physical operations such as cutting, grading, excavating, filling or draining, or any
altering of an existing building by an addition, extension, or other structural change, or any work
which requires a building permit.
Erected and Erection shall have corresponding meanings.
Established Building Line shall mean the average setback from the centreline of a street of at
least 2 existing buildings located on lots having street frontage upon the said side of the street,
provided such buildings are located on the same block and within a continuous strip of land that
does not exceed 75 m.
Existing shall mean existing as of June 28, 2011.
Extractive Industrial Use shall mean the use of land for the extraction of mineral aggregate
including sand, gravel, shale, clay, and bedrock suitable for the production of crushed stone,
building stone, cement products, and other similar materials.
Financial Office shall mean the premises of a bank, trust company, finance company, mortgage
company, or investment company.
Flood Line shall mean a line established by a one in one hundred (1:100) year storm which is
determined by flood plain mapping.
Flood Plain shall mean the area below the flood line.
Flood Proofed shall mean the measures taken to ensure that a building or structure is safe from
the effects of flooding.
Town of Espanola Zoning By-law
SECTION 2
DEFINITIONS
June 8, 2021, as Amended and
Consolidated to May 20, 2025
2-7
By-law No. 3022/21
Floor Area shall mean:
a)
for a dwelling or dwelling unit, the total area of the storeys contained within the outside
walls of the dwelling or dwelling unit exclusive of garage, carport, sunroom, veranda,
porch, unfinished attic, unfinished basement, or unfinished cellar;
b)
for a building other than a dwelling, the total area of all the floors contained within the
outside walls of the building.
In all cases, only that floor area having a clear height to the ceiling of at least 2.2 m shall be
calculated for floor area purposes.
Garage shall mean a structure for the storage of vehicles and other items.
-,Commercial shall mean a building, structure, or lot where all activities of an
automobile service station may take place, where major repairs of motor vehicles may
be performed, and where commercial motor vehicles may be stored. As an accessory
use, the sale of motor vehicles may also be permitted. Such repairs may include all
mechanical repairs as well as body work but shall not include the dismantling of motor
vehicles for scrap or the storage of motor vehicles awaiting scrapping.
-, Parking shall mean an enclosed structure used for the temporary parking of more than
four vehicles and available for public use either free, for compensation, or as an
accommodation to customers.
-, Portable shall mean a prefabricated structure usually constructed with a metal, wood,
or plastic frame and covered with a tarpaulin or other similar type of fabric or plastic
cover, used primarily for the storage of a vehicle and other items.
-, Private shall mean an accessory building or part of a residential building which is fully
enclosed and used for the storage of motor vehicles and household equipment
incidental to the residential occupancy.
Golf Course shall mean a public or private area operated for the purpose of playing golf and
includes par 3 golf course, but does not include a driving range, a miniature golf course, or
similar use.
Group Home shall mean residential accommodation in a detached dwelling in which up to ten
persons (excluding supervisory staff) live under responsible supervision consistent with the
particular requirements of its residents which includes support functions for daily living.
Habitable Room shall mean a room commonly used for cooking, living, dining, or sleeping
purposes, and shall include an enclosed sunroom but shall not include any garage, carport,
verandah, unfinished attic, unfinished basement, or unfinished cellar.
Height of a building shall mean the vertical distance measured between the average finished
grade and:
Town of Espanola Zoning By-law
SECTION 2
DEFINITIONS
June 8, 2021, as Amended and
Consolidated to May 20, 2025
2-8
By-law No. 3022/21
a)
the highest point of the roof surface of a flat roof; or
b)
the average level between eaves and ridge of any other type of roof.
Illustration of height of a building
High Water Mark shall mean the mark made by the action of water under natural conditions on
the shore or bank of a water body which action has been so common and usual and so long
continued that it has created a difference between the character of the vegetation or soil on
one side of the mark and the character of the vegetation or soil on the other side of the mark.
Highway shall mean a public thoroughfare intended for vehicular use by the general public.
Hobby Farm shall mean a residence and barns, sheds, pens, and accessory buildings which are
used for the persons residing at the residence and not for commercial agricultural purposes.
Home Based Business shall mean an occupation, trade, business, profession, or craft carried on
as an accessory use to the use of a dwelling and shall include the following:
a)
instruction in or businesses involving music, academic subjects, religion, dancing, arts
and crafts such as pottery, weaving, painting or sculpting, sewing, hairdressing, or
similar uses;
b)
businesses involving work conducted primarily in other locations, such as those
operated by electricians, plumbers, carpenters, or operators of commercial vehicles,
including school buses, provided that the storage of commercial vehicles, equipment, or
materials does not take place at the residence;
c)
businesses involving the repair of small appliances, radios, televisions, and similar items,
skate or knife sharpening or similar uses;
Town of Espanola Zoning By-law
SECTION 2
DEFINITIONS
June 8, 2021, as Amended and
Consolidated to May 20, 2025
2-9
By-law No. 3022/21
d)
an office used by a physician, dentist, or other medical practitioner, an insurance agent,
accountant, engineer, sales person, or a person engaged in a similar occupation;
e)
a tourist lodging establishment which provides a maximum of three bedrooms for
commercial public use, (i.e., bed and breakfast).
-, Rural shall mean an occupation, trade, business, profession, or craft carried on as an
accessory use to the use of a dwelling or a farm and shall include the following
additional rural uses: servicing or repair of merchandise or equipment, the grading of
produce, a farm produce outlet, veterinarian, or similar activities.
Hotel shall mean a building, or part of a building, or two or more disconnected or detached
buildings, designed to be used for the purpose of catering to the needs of the transient public by
furnishing sleeping accommodation with or without kitchens, with or without supplying food,
and may include meeting rooms, banquet halls, public dining rooms, and any premises licensed
under the Liquor Licence Act, 1990, to be replaced by the Liquor License Control Act, 2019, but
shall not include boarding, rooming, or lodging houses, taverns and apartment dwellings, but
shall include motels and motor inns.
Institutional Use shall mean a building, structure, or lot used by an organized body, religious
group or society for a non-profit, non-commercial purpose. This definition may include a library,
school, college, university, convent, monastery, or similar use.
Kennel shall mean a building or structure where animals are kept.
-, Boarding shall mean a place where animals are kept, and operated as a commercial
business or by the Humane Society as a service to the community, but does not include
a Veterinary Clinic. The boarding kennel facility shall be constructed so that animals may
be retained indoors between the hours of 8:00 p.m. through 8:00 a.m.
-, Breeding shall mean any building, structure, dog run, or other facility, or part thereof
where animals are kept for the purposes of reproduction, and the use of or sale of the
offspring.
Landscape Open Space shall mean open space comprised of lawn, natural or ornamental shrubs,
flowers, and trees and may include space occupied by paths, walks, courts, patios, and pools,
but shall not include parking areas, loading spaces, traffic aisles, driveways, or ramps for
vehicles, or any open space beneath or within a building or structure.
Land shall mean any ground, soil, or earth whatsoever regarded as the subject of ownership and
everything annexed to it whether by nature (such as trees, water) or by man (such as buildings,
fences).
Lane shall mean:
a)
a subsidiary thoroughfare providing access from within a lot, principally from parking or
loading spaces to a public street; or
Town of Espanola Zoning By-law
SECTION 2
DEFINITIONS
June 8, 2021, as Amended and
Consolidated to May 20, 2025
2-10
By-law No. 3022/21
b)
a subsidiary public thoroughfare for the sole use of pedestrians and connecting public
streets, open space, or public buildings.
Livestock shall mean dairy, beef, swine, poultry, horses, goats, sheep, ratites, fur-bearing
animals, deer and elk, game animals, birds and other animals identified in Table 1 of the
Minimum Distance Separation Implementation Guidelines, as developed by the Ontario Ministry
of Agriculture, Food and Rural Affairs, as amended from time to time.
Loading Space shall mean a space or bay located on a lot which is used or intended to be used
for the temporary parking of any commercial vehicle while loading or unloading goods,
merchandise, or materials used in connection with the use of the lot or any building thereon.
Long Term Care Home shall mean a "long term care home" as defined in the Long Term Care
Homes Act, 2007, and its successors.
Lot shall mean a parcel or tract of land which is capable of being legally conveyed in accordance
with the provisions of the Planning Act.
-, Corner shall mean a lot situated at the intersection of two streets having an angle of
intersection of not more than one hundred and thirty-five degrees (135°).
-, Interior shall mean a lot situated between adjacent lots and having access to one
street.
-, Through shall mean a lot (bounded on two opposite sides by streets) having street
frontage on two parallel or approximately parallel streets.
-, Water shall mean a lot which abuts a shoreline but has no street line. Notwithstanding
any other provisions of this By-law, a water lot does not require frontage on an
improved street.
Lot Area shall mean the total horizontal area within the lot lines of a lot, excluding the horizontal
area of any flood plain or marsh located on such lot.
Lot Coverage shall mean the percentage of lot area covered by the ground floor area of all
buildings located thereon.
Lot Frontage shall mean the width of a lot measured between the intersection of the side lot
lines with a line back from and parallel to the front lot line, at a distance equal to the minimum
required front yard depth.
Lot Line shall mean any boundary of a lot or the vertical projection thereof.
-, Front shall mean, in the case of an interior lot, the lot line that divides a lot from the
street. In the case of a lot fronting onto two or more streets, the shorter lot line that
abuts a street shall be deemed to be the front lot line, in the case of a corner lot or
through lot having lot lines of equal length abutting both streets, either line may be
Town of Espanola Zoning By-law
SECTION 2
DEFINITIONS
June 8, 2021, as Amended and
Consolidated to May 20, 2025
2-11
By-law No. 3022/21
deemed to be the front lot line, and in the case of a waterfront lot, the shoreline shall
be deemed to be the front lot line.
-, Rear shall mean, in the case of a lot having four (4) or more lot lines, the lot line
furthest from and opposite the front lot line. If the lot has less than four (4) lot line,
there shall be deemed to be no rear lot line.
-, Side shall mean any lot lines other than the front lot line and the rear lot line. In the
case of a corner lot, an exterior side lot line shall be the lot line that abuts the street
which is not the front lot line, and an interior side lot line shall be the lot line that abuts
another lot.
Main Wall shall mean the exterior front, side, or rear wall of a building, and all structural
members essential to the support of a fully enclosed space or a roof.
Manufacturing Industry shall mean an establishment primarily engaged in the fabricating,
processing, finishing, refinishing, assembly, or similar production of various articles and
commodities, and includes custom workshops, factories, mills, industrial shops, and similar
production facilities. This definition shall include cannabis processing facilities.
Medical/Dental Office shall mean a building or part of a building wherein health services are
provided to the public in the form of a medical, paramedical, dental, surgical, physiotherapeutic,
or other human health services include associated technician and laboratory facilities, and may
also include an incidental pharmaceutical outlet for the sale of prescription and therapeutic
drugs and medication and other drug store products normally sold in a pharmaceutical outlet,
and optical equipment.
Medical Practitioner shall mean a doctor, dentist, chiropractor, chiropodist, optometrist, oculist,
but shall not include a veterinarian.
Mobile Home Park shall mean a lot under single management which has been planned, divided
into mobile home sites, improved, and provided with a communal water and sewer service
approved by the Ministry of the Environment, Conservation and Parks (MECP) for the placement
of mobile homes as a permanent residential use.
Mobile Home Site shall mean the space for the placement of one mobile home and for the
exclusive use of its occupants.
Motel: see "Hotel".
Motor Home: see "Recreational Vehicle".
Motor Inn: see "Hotel".
Net Leasable Floor Area shall mean the total floor area of a building designed for tenant
occupancy and exclusive use, including basements, mezzanines, upper floors, and other floors,
as measured from the centreline of shared partitions and from the interior face of the exterior
Town of Espanola Zoning By-law
SECTION 2
DEFINITIONS
June 8, 2021, as Amended and
Consolidated to May 20, 2025
2-12
By-law No. 3022/21
walls of the building. Excluded are common mall areas and other common areas not designed
or occupied by tenants or sales areas.
Non-Complying shall mean a lot, building, or structure which, on the date of the final passing of
this By-law, did not comply with one or more of the zone provisions of the zone in which such
lot, building or structure is located.
Non-Conforming shall mean a use, building, or structure which, on the date of the final passing
of this By-law, was not a permitted use in the zone where such use, building, or structure is
located.
Noxious Use shall mean any use which is offensive or dangerous by reason of the emission of
odour, smoke, dust, noise, gas, fumes, vibration, or refuse matter.
Nursery shall mean a building, structure, or lot used for the growing of sod, flowers, bushes,
trees, or other gardening, landscaping, or orchard stock for wholesale or retail sale.
Occupancy Permit shall mean a permit issued by the Town Clerk or his appointee which
indicates that the proposed use of land or any building or structure on any such land is in
conformity with this By-law.
Office shall mean a building or part of a building used or intended to be used in the performance
and transaction of business including administrative and clerical activities as well as professional
offices but not including the use of manual labour.
On-farm diversified uses means uses that are secondary to the principal agricultural use of the
property, and are limited in area. On-farm diversified uses include, but are not limited to, home
occupations, home industries, agri-tourism uses, uses that produce value-added agricultural
products, and electricity generation facilities and transmission systems, and energy storage
systems.
Open Space shall mean any portion of a lot which is unoccupied by buildings or structures above
ground level and is open to the sky and shall include Landscaped Open Space.
Open Storage shall mean the storage of goods, merchandise, or equipment outside of a building
or structure on a lot or portion thereof, including such uses as automobile and trailer sales lots,
building materials supply yards but does not include the outdoor display of a limited number of
samples of the goods, merchandise or equipment for the purpose of sales and advertisement, or
the storage of vehicles or equipment for sale or repair. This definition shall not include the open
storage of goods or equipment incidental to the residential occupancy of a lot.
Outdoor Furnace shall mean an appliance located outside of any building or structure, which it is
intended to heat by combustion.
Park shall mean an area of land consisting largely of open space which may include a
recreational area, playground, playfield, tennis courts, lawn bowling greens, outdoor skating
rinks, athletic fields, picnic areas, swimming pools, snow skiing, or similar use.
Town of Espanola Zoning By-law
SECTION 2
DEFINITIONS
June 8, 2021, as Amended and
Consolidated to May 20, 2025
2-13
By-law No. 3022/21
-, Public shall mean a park owned and maintained by the Town or other public authority.
-, Private shall mean a park other than a public park.
Parking Area shall mean an area or structure other than a street used or intended to be used for
the temporary storage of motor vehicles and includes a private garage or carport, aisles,
driveways, and parking spaces.
Parking Lot shall mean any parking area or structure other than a parking area accessory to a
permitted use on the same lot, used for the temporary storage of parking of motor vehicles for
hire and gain but does not include the sale of new or used vehicles or the storing of impounded
or wrecked vehicles.
Person shall include an individual, an association, a chartered organization, a firm, a partnership,
or a corporation, and agent or trustee, and the heirs, executors, or other legal representatives of
a person to whom the context can apply according to law.
Personal Service Establishment shall mean a business which is associated with the grooming or
health of persons or the maintenance or repair of personal wardrobe articles and accessories,
and may include a barber shop, beauty parlour, dressmaking shop, tailor shop, shoe repair shop,
photographic studio, self-service laundry or dry cleaning distribution station, or similar use.
Place of Entertainment shall mean a motion picture or other theatre, arena, auditorium, public
hall, billiard or pool room, bowling alley, ice or roller skating rink, dance hall, music hall, bingo
halls, amusement arcades, but does not include any place of entertainment or amusement
otherwise defined or classified herein.
Plant Materials shall include all indigenous species of grass, flowers, trees, shrubs, and other
natural vegetation.
Planting Strip shall mean an area which shall be used for no purpose other than planting and
maintaining a row of trees or a continuous unpierced hedgerow of evergreens or shrubs,
immediately adjacent to the lot line or portion thereof along which such planting strip is
required herein. The remainder of such planting strip shall be used for no purpose other than
planting and maintaining shrubs, flowers, grass, or similar vegetation.
Private Gym shall mean a premises in which facilities and equipment are provided for
recreational or athletic activities such as body-building and exercise classes.
Private Swimming Pool shall mean any body of water, permanently located outdoors on
privately owned property, contained by artificial means, and used and maintained for the
purpose of swimming, wading, diving, or bathing.
Professional Office shall mean any office where professionally qualified persons, technical
assistants, and clerical staff are engaged and where clients or patients go for advice,
consultation, or treatment, but shall not include a Clinic.
Town of Espanola Zoning By-law
SECTION 2
DEFINITIONS
June 8, 2021, as Amended and
Consolidated to May 20, 2025
2-14
By-law No. 3022/21
Public Authority shall mean the Town of Espanola and any Boards or Commissions thereof, the
Bell Telephone Company of Canada, any company supplying natural gas to the Community,
Ontario Hydro, or other utility, and any Department of the Government of Ontario and Canada,
or other similarly recognized agencies.
Public Use shall mean a building, structure, or lot used for public services by the Town or any
Boards or Commissions thereof and any Ministry or Commission of the Governments of Ontario
and Canada, any telephone or railway company or similarly recognized agencies.
Recreational Facility shall mean any building or structure or specific area planned for, used for,
or related to intensive recreational activities and shall include arenas, campgrounds, picnic
areas, beaches, change rooms, outdoor shelters, playground areas and equipment, hiking trails,
and the like.
Recreational Vehicle shall mean any vehicle so constructed that it is no wider than 2.5 m and is
suitable for being attached to a motor vehicle for the purpose of being drawn or is self-
propelled, and is capable of being used on a short term recreational basis for living, sleeping, or
eating accommodation of persons. The term "Recreational Vehicles" includes the following:
motor homes, travel trailers, tent trailers, campers.
Recycling Depot shall mean a special waste management facility which serves as a temporary
storage site for clean materials such as glass, paper, cardboard, plastic, metal, and other similar
products which will be transferred to another location for reuse. This definition does not include
any other type of waste management system.
Restaurant shall mean a building or structure or part thereof where food is prepared and
offered for sale to the public for consumption within the premises. However, limited facilities
may be permitted to provide for a take-out food function provided such facility is clearly
secondary to the primary restaurant use. A restaurant may also include the licensed sale and
consumption of alcoholic beverages.
-, Drive-In shall mean a building or part of a building wherein food is prepared and
offered for sale to the public for consumption within or outside the building but may
also include off-premises consumption. Such use, normally known as a fast food
restaurant, is characterized by customer pick up of food at a counter or drive through
car pick up and does not provide the service of delivering to or waiting on tables or
licensed sale and consumption of alcoholic beverages.
-, Take-Out shall mean a building or part of a building wherein food is prepared and
offered for sale to the public primarily for off-premises consumption. However, limited
facilities may be permitted for consumption within the building provided such facility is
clearly secondary and incidental to the take-out function and delivery function and
provided the service of delivery of food to or waiting on tables or licensed sale and
consumption of alcoholic beverages is not carried out.
Restaurant Cart shall mean a building or trailer, that may be mobile or stationary, used on a
seasonal basis for the preparation and cooking of a limited selection of meals and the sale of
Town of Espanola Zoning By-law
SECTION 2
DEFINITIONS
June 8, 2021, as Amended and
Consolidated to May 20, 2025
2-15
By-law No. 3022/21
such food and refreshments to the public for consumption on a patio, outdoor seating area, or
for consumption off the premises.
Retail Convenience Store shall mean a building or part of a building used primarily for the sale of
grocery and confectionary items and incidentally for the sale of other merchandise as is required
to fulfil the day to day needs of a surrounding residential area.
Retail Store shall mean a building or part of a building wherein merchandise is offered or kept
for retail sale upon the premises but does not include any establishment otherwise defined or
classified within this By-law with the exception of Department Store. Storage of limited
quantities of such merchandise, sufficient only to service such store and the servicing of such
merchandise may be permitted in a retail store as ancillary uses, provided such uses are clearly
necessary and secondary to the main retailing function of the store. Retail store shall include a
cannabis retail store.
Retirement Home shall mean a premises that provides guest rooms primarily designed for older
persons which may provide nursing or homecare, and may have common facilities for the
preparation and consumption of food provided, common lounges, recreation rooms, and
medical care facilities.
Sanitary Sewers shall mean a system of underground conduits, owned and operated either by
the Town or by the MECP, which carries sewage to a sewage treatment facility.
School shall mean a school under the jurisdiction of a Board as defined in the Education Act.
School, Commercial shall mean a school conducted for gain or profit such as a studio of dancing,
art school, music school, drama school, school of calisthenics, business or trade school, training
centre or any other specialized school but shall not include a school.
Self-storage Facility shall mean lands and buildings used, rented, or leased to persons for the
storage of household and personal items, including recreation vehicles and automobiles, within
separate units forming part of a wholly enclosed building.
Service Outlet shall mean a building or part of a building whether in conjunction with a retail
store or not, used for the repair or servicing of goods, commodities, articles, or materials, but
not the manufacturing thereof.
Setback shall mean:
a)
with reference to a water body for which no floodplain mapping is available, the
distance between the higher water mark and nearest building line.
Sewage Disposal Site shall mean a site which is licensed or approved by the MECP and/or its
agents for the use as a disposal site for sewage and includes a sewage treatment plant, sewage
lagoon, or sludge disposal area.
Town of Espanola Zoning By-law
SECTION 2
DEFINITIONS
June 8, 2021, as Amended and
Consolidated to May 20, 2025
2-16
By-law No. 3022/21
Shipping Container shall mean any container that is used for the transport of goods by means of
rail, truck, or cargo ship. Generally, these containers are rectangular in shape and made of
metal.
Shopping Centre shall mean a group of commercial and service establishments or uses, related
in size and type primarily to the special commodity needs of the community and designed,
developed, and managed as a unit whether by a single owner, a group of Owners, or tenants
acting in collaboration having the required off street parking and loading facilities provided on
site, and should generally include as the primary establishment a Department Store. Generally,
but not prerequisite, the public access to individual functions within a Shopping Centre will be
from an enclosed common mall area.
Short Term Rental shall mean a dwelling unit that, in whole or in part, is rented or available for
gain or profit for a period of 30 consecutive days or less, but does not include a hotel, motel,
boarding house, or bed and breakfast.
Sight Triangle shall mean the triangular space formed by the street lines of a corner lot and a
line drawn from a point in one street line to a point in the other street line, each such point
being 6.0 m from the point of intersection of the street lines (measured along the street lines).
Where the two street lines do not intersect at a point, the point of intersection of the street
lines shall be deemed to be the intersection of the projection of the street lines or the
intersection of the tangents to the street lines.
Sign, Legal shall mean a name, identification, description, device, display, or illustration which is
affixed to or represented directly or indirectly upon a building, structure, or lot which directs
attention to an object, product, place, activity, person, institute, organization, or business and
which does not contravene any By-law of the Town or any Regulation of the Government of
Ontario or Canada.
Solar Power Installations
-, Accessory shall mean systems designed to capture the sun's energy and convert it to
electricity. Such systems may be tied to the electrical grid, however they are clearly
secondary and subordinate in nature to the main use on the property.
-, Commercial shall mean systems designed to capture the sun's energy for the sole
purpose of selling power back to the electrical grid. This definition does not include
those installations which have received a Renewable Energy Approval.
Storey shall mean that portion of a building, other than a cellar, between the surface of any
floor and the surface of the floor next above it, or, if there is no floor above it, that portion
between the surface of such floor and the ceiling above it.
-, First shall mean the lowest storey of a building, wherein the floor is generally at grade
elevation and having its ceiling at least 1.8 m above average finished grade.
Town of Espanola Zoning By-law
SECTION 2
DEFINITIONS
June 8, 2021, as Amended and
Consolidated to May 20, 2025
2-17
By-law No. 3022/21
Storm Sewers shall mean a system of underground conduits which carries storm surface waters
and drainage but excludes sewage and polluted industrial wastes.
Street shall mean a public thoroughfare under the jurisdiction of either the Town or the
Province of Ontario. This definition shall not include a lane or private right-of-way unopened
road allowance, or any street on a Registered Plan of Subdivision which has been deemed not to
be a Registered Plan of Subdivision under Section 50(4) of The Planning Act, or which has not
been assumed by the Town.
-, Improved shall mean a Municipal Road which has been assumed by the Town and is
maintained on a regular year-round basis, or a Provincial Highway.
-, Collector shall mean the following streets or portions thereof:
o Avery Drive between Spruce Street and Queensway;
o Barber Street between Centre Street and the West Town limits;
o Gray Street between Station Road and Centre Street;
o Mead Boulevard between Centre Street and the south Town limits;
o Queensway between Barber Street and Barrie Street;
o Second Avenue between Barrie Street and the west Town limits;
o Spanish River Drive between Barber Street and Mead Boulevard;
o Spruce Street between Mead Boulevard and Avery Drive;
o Station Road between Barber Street and Gray Street.
-, Local shall mean any street or road other than a collector and a major street.
-, Major shall mean Highway 6 between the north and south Town limits.
Street Line shall mean the boundary of the right-of-way of the street.
Structure shall mean anything constructed or erected, either permanent or temporary, the use
of which requires location on the ground or attachment to something having location on the
ground.
Tourist Facilities shall mean facilities and/or buildings and/or structures which offer services
intended primarily for tourists and vacationers. This includes tourist lodging facilities; craft and
antique shops; one (1) accessory dwelling unit either attached or detached, accessory to and on
the same lot as a permitted use; uses accessory to the foregoing excluding bed and breakfasts.
Tourist Lodges shall mean facilities and/or buildings and/or structures to be used for the
purpose of sleeping accommodation on a temporary basis by tourists and vacationers.
Trailer shall mean any vehicle designed to be towed by a motor vehicle.
Use shall mean the purpose for which any land, building, or structure, or any combination
thereof is designed, arranged, occupied, or maintained.
Town of Espanola Zoning By-law
SECTION 2
DEFINITIONS
June 8, 2021, as Amended and
Consolidated to May 20, 2025
2-18
By-law No. 3022/21
Utility shall mean "a Public Utility" as defined by the Public Utilities Corporation Act and
amendments thereto.
Variance, Minor shall mean a variance from any provision of this By-law in respect to the land,
building, or structure, or the use thereof, which is desirable for the appropriate development of
the land, building, or structure and which maintains the general intent and purpose of the By-
law and of the public policies implemented by the By-law.
Vehicle shall mean an automobile, boat, commercial motor vehicle, farm implement,
motorcycle, recreational vehicle, snowmobile, or trailer.
Vehicle Sales or Rental Establishment shall mean an establishment having as its main use the
storage of vehicles for sale, rent, or lease. Accessory uses may include facilities for the repair or
maintenance of such vehicles.
Veterinary Establishment shall mean a building or part of a building used by a veterinary
surgeon for treating domestic animals, birds, or other livestock but shall not include a
commercial kennel or research facility.
Warehouse shall mean a building or portion of a building used or intended to be used for the
bulk storage of goods, commodities, wares, merchandise, or materials.
Waste Disposal
- Site shall mean a place, approved by the MECP, where ashes, garbage, refuse,
domestic waste, industrial waste, or municipal refuse is disposed of or dumped. This
definition shall not include a sewage treatment plant, lagoon, or sludge disposal area.
- Buffer shall mean an area of land around a waste disposal site on which no waste of
any kind shall be deposited which will be used to facilitate noise, dust and odour
control, minimize the spread of litter, mitigate visual impacts and allow for the
attenuation of landfill leachate.
Waterbody shall mean any bay, lake, wetland, canal or watercourse but excludes a drainage or
irrigation channel or intermittent agriculture drain.
Watercourse shall mean any surface stream or river and includes a natural channel, an
intermittent stream, and a municipal drain.
Water Supply shall mean a distribution system of underground piping and related storage,
including pumping and purification appurtenances, operated by the Town and/or the MECP
and/or any public utilities commission for public use.
Water Supply Plant shall mean a building or structure, approved by the MECP, where water is
treated for human consumption.
Wayside Pit or Quarry shall mean a temporary source of consolidated or unconsolidated
aggregate opened by or for a public road authority for the purpose of public road construction.
Town of Espanola Zoning By-law
SECTION 2
DEFINITIONS
June 8, 2021, as Amended and
Consolidated to May 20, 2025
2-19
By-law No. 3022/21
Wetlands shall mean lands that are seasonally or permanently covered by shallow water as well
as lands where the water table is close to or at the surface. In either case, the presence of
abundant water has caused the formation of hydric soils (soils in which there is an abundance of
moisture) and has favoured the dominance of either hydrophytic or water tolerant plants. The
four major categories of wetlands are swamps, marshes, bogs, and fens.
Wetland Area shall mean a continuous Wetland which may be composed of one or
more Wetland category.
Adjacent Lands shall mean those lands within 120 m of an individual Wetland Area.
Wholesale Establishment shall mean a building or part of a building used or intended to be used
for the bulk storage and sale of quantities of goods, commodities, wares, merchandise, and
materials for resale or business use.
Wind Turbine/Generating System
-, Accessory shall mean a structure or structures which harness wind energy for the
primary purpose of on-site consumption. Such structures can be tied into the electrical
grid; however, their primary purpose is to provide power to the buildings and uses
located on-site.
-, Commercial shall mean a structure or structures which harness wind energy for the
sole purpose of selling it back to the electrical grid for off-site consumption. This
definition does not include those installations which have received a Renewable Energy
Approval.
Yard shall mean an open uncovered space appurtenant to a building or structure.
-, Front shall mean the space extending across the full width of a lot between the front
lot line and nearest part of any main building or structure on the lot.
-, Minimum shall mean the space measured from the lot line, the minimum depth of
which is regulated by the provisions of this By-law.
-, Rear shall mean the space extending across the full width of a lot between the rear lot
line and the nearest part of any main building or structure on the lot.
-, Side shall mean the space extending from the front yard to the rear yard between the
side lot line and the nearest part of any main building or structure on the lot.
Exterior Side Yard shall mean a side yard immediately adjacent to a street.
Interior Side Yard shall mean a side yard other than an exterior side yard.
-, Required shall mean that part of a yard which is located adjacent to a lot line, has the
minimum yard depth required herein, and does not contain any buildings, structures, or
parking areas except where specifically permitted herein.
Town of Espanola Zoning By-law
SECTION 2
DEFINITIONS
June 8, 2021, as Amended and
Consolidated to May 20, 2025
2-20
By-law No. 3022/21
Illustration of yards and required yards
Zone shall mean:
a)
a land use category as defined and regulated in this By-law; or
b)
a designated area of land use shown on the Schedule of this By-law.
Zoning Administrator shall mean the officer or employee of the Town charged with the duty of
enforcing the provisions of this By-law.
June 8, 2021, as Amended and
Consolidated to May 20, 2025
3-1
By-law No. 3022/21
SECTION 3 GENERAL PROVISIONS
3.1
Accessory Uses, buildings, or structures shall be permitted in any zone in accordance with the
following provisions and any additional provisions included elsewhere in this By-law:
a)
Where this By-law permits an accessory use, such use shall only be permitted provided
the main use is already in existence on the lot;
b)
In a Residential Zone or in any lot used for residential purposes, accessory buildings and
structures shall not be located within any minimum front yard or minimum exterior side
yard, except as specifically permitted in this By-law. In all other zones, accessory
buildings and structures shall conform to the requirements of the particular zone;
c)
In a Residential Zone or in any lot used for residential purposes, accessory buildings or
structures shall not be located closer than 1.22 m to any interior side or rear lot line,
except where a detached mutual private garage is erected on the common side lot line
between two lots, in which case no interior side yard is required;
d)
In a Residential Zone or in any lot used for residential purposes, the total coverage of all
accessory buildings and structures excluding a swimming pool shall not be greater than:
(i)
15% of the total lot area in the Urban Area; and
(ii)
20% of the total lot area in the Rural Area.
e)
In a Residential Zone or in any lot in the urban area used for residential purposes,
accessory buildings and structures shall not exceed 5.0 m in height;
f)
In the Rural and Rural Residential Zones, accessory buildings and structures shall not
exceed 5.5 m in height; and
g)
Any building or structure which is attached to the main building will not be considered
accessory for the purposes of this By-law.
h)
A fence may be constructed on the property line, subject to the agreement of both
property owners.
3.1.1
Additional Residential Units
Where additional residential units are permitted, they are subject to the following
provisions:
(i)
Two additional residential units are permitted for a single detached dwelling,
semi-detached dwelling, and rowhouse dwelling.
(ii)
The additional residential units may be located within the primary structure
with a maximum of one additional residential unit permitted in ancillary
structures.
Town of Espanola Zoning By-law
SECTION 3
GENERAL PROVISIONS
June 8, 2021, as Amended and
Consolidated to May 20, 2025
3-2
By-law No. 3022/21
(iii)
A maximum of one additional residential unit is permitted in the whole of a
duplex dwelling or in a building or structure ancillary to the duplex dwelling;
(iv)
Additional residential units shall only be permitted where full municipal services
are available;
(v)
Notwithstanding Section 3.1.1.vii, one additional residential unit shall be
permitted on a lot serviced by private, individual systems, provided it can be
demonstrated that the existing well and private sewage disposal system have
sufficient capacity;
(vi)
The minimum lot area per unit shall not apply to additional residential units. The
minimum area of the lot is the minimum area that would be required of the
same lot if no additional residential units were located on the lot;
(vii)
Any additional residential units in an ancillary building or structure shall be at
least 4 metres from another building or structure on the lot that contains a
dwelling unit;
(viii)
One parking space is required per additional residential unit. Tandem parking in
the driveway is permitted;
(ix)
All additional residential units shall comply with the Ontario Building and Fire
Codes; and
(x)
As a condition of approval, Council may require that the accessory apartment be
registered in accordance with the provisions of the Municipal Act.
3.1.2
Accessory Dwelling
Where accessory dwellings are permitted, they are subject to the following provisions:
(i)
A maximum of one accessory dwelling is permitted per lot;
(ii)
The accessory dwelling shall be located on the same lot as a permitted non-
residential use.
(iii)
In the C and TC zones, the accessory dwelling shall be situated within a non-
residential building.
(iv)
In the C2, RC, RM, and I zones, the accessory dwelling may be attached or
detached to the non-residential building.
Town of Espanola Zoning By-law
SECTION 3
GENERAL PROVISIONS
June 8, 2021, as Amended and
Consolidated to May 20, 2025
3-3
By-law No. 3022/21
3.1.3
Backyard Chickens
Backyard chickens shall only be permitted in RR and RU Zones, subject to the following
provisions:
(i)
A maximum of 10 backyard chickens shall be permitted.
(ii)
The backyard chickens shall only be permitted in the rear yard.
(iii)
A minimum 3 metre setback is required from any side or rear yard lot lines.
(iv)
The backyard chickens shall be screened and kept within a rodent/predator
proof enclosure.
(v)
Chicken coops shall be a minimum size of 1 square metre per chicken.
(vi)
Chicken coops and chicken runs shall be maintained in a clean condition and the
coop shall be kept free of obnoxious odours, substances and vermin.
(vii)
The Owner of the chickens must reside on the property where the chickens are
kept.
(viii)
The hens and eggs may be for domestic and commercial use.
(ix)
The commercial selling of eggs shall be in accordance with the provisions for
Rural Home Based Businesses in Section 3.11.
(x)
The hens shall be maintained in accordance with good animal husbandry
practices as defined by the Ministry of Food and Agriculture and the Canadian
Food Inspection Agency.
3.1.4
Outdoor Furnaces
An outdoor furnace shall only be permitted in RR, RU, WR, and WT Zones, subject to the
following provisions:
(i)
The furnace is located at least 15 m from any lot line and from the principle
dwelling;
(ii)
The furnace is located at least 3.0 m from any trees or non-habitable structures;
(iii)
The furnace is located at least 100 m from any existing dwellings on adjacent
lots;
(iv)
The furnace is not located in the front yard;
(v)
The furnace is only to be installed on lots having an area of 1.0 ha or greater;
Town of Espanola Zoning By-law
SECTION 3
GENERAL PROVISIONS
June 8, 2021, as Amended and
Consolidated to May 20, 2025
3-4
By-law No. 3022/21
and
(vi)
The top of the chimney for such appliance shall be a minimum of 3.0 m above
the adjacent ground and shall be equipped with a spark arrestor and a rain cap.
3.1.5
Portable Garages
Portable garages are permitted in all residential zones, subject to the following
provisions:
(i)
Such structure is in compliance with all minimum yard setbacks.
3.1.6
Shipping Containers
A maximum of two shipping containers are permitted in the rear yards of the SC, M1,
M2, and M3 zones, subject to the following conditions:
(i)
The shipping container is only used for storage purposes and not used to
accommodate work areas, shops, office uses, or retail sales;
(ii)
There is a 10 m setback from any lot line abutting a residential zone;
(iii)
The shipping container is maintained to the Town's satisfaction (i.e. painted and
not rusted) and is not visible from the road;
(iv)
The shipping container is anchored to the ground in accordance with the
Ontario Building Code; and
(v)
An Engineer's report is required in accordance with the Ontario Building Code.
3.1.7
Solar Power Installations
Accessory solar power installations may be installed in any zone, subject to the following
provisions:
(i)
Freestanding accessory structures shall not be located in the front yard.
3.1.8
Swimming Pools and Hot Tubs
In a Residential Zone, a private swimming pool or hot tub and structures in conjunction
with such a swimming pool or hot tub may be erected and used only in the interior side
yard or rear yard in accordance with the Town's Swimming Pool By-law and provided:
(i)
No part of such swimming pool or hot tub shall be located closer than 1.5 m to
any rear or side lot line; and
Town of Espanola Zoning By-law
SECTION 3
GENERAL PROVISIONS
June 8, 2021, as Amended and
Consolidated to May 20, 2025
3-5
By-law No. 3022/21
(ii)
No water circulating or treatment equipment such as pumps or filters shall be
located closer than 1.5 m to any interior side or rear lot line, unless it is within a
building.
3.1.9
Wind Turbines
Structures which harness wind energy for the primary purpose of on-site consumption
may only be erected in Rural Zones, subject to the following provisions:
(i)
Such structures are restricted to a maximum height of 17 m; and
(ii)
Such structures are setback from the lot line by the maximum height of the
structure (i.e. to the tip of the blade).
3.1.10 Wood Burning Accessory Structures
Wood burning accessory structures, such as saunas and pizza ovens, shall be subject to
the following provisions:
(i)
Such structures are setback from the interior side and rear lot lines by 2.0 m;
and
(ii)
Such burning devices are WETT Certified, where applicable.
3.2
Automobile Service Stations and Commercial Garages
Where automobile service stations and commercial garages are permitted in this By-law, and
notwithstanding any other provisions of this By-law to the contrary, the following provisions
shall apply:
a)
In the case of automobile service stations, gasoline pump islands including canopies
thereover may be located in a minimum required front or side yard abutting a street
provided that, in no case, shall the gasoline pump island or canopy supports be closer
than 5.0 m to any lot line, nor shall any canopy have a roof area in excess of 20 m2;
b)
Where any lot is used or intended to be used for the purpose of an automobile service
station and adjoins a street or residential zone, then a strip of landscaped open space of
a minimum width of 3.0 m shall be provided and maintained along any lot line abutting
such street and said landscaped open space shall be continuous except for aisles or
driveways required for access to the lot. Plant materials shall be trees of not less than
3.0 m in height when planted and grass;
c)
The width of any aisle or driveway providing access from a street to a lot on which there
is an automobile service station or commercial garage shall be not greater than 9.0 m
and no more than two (2) such aisles or driveways shall be permitted for access to any
one (1) street which adjoins the lot;
Town of Espanola Zoning By-law
SECTION 3
GENERAL PROVISIONS
June 8, 2021, as Amended and
Consolidated to May 20, 2025
3-6
By-law No. 3022/21
d)
A permitted dwelling unit shall not be attached to a building used as an automobile
service station or a commercial garage;
e)
The minimum frontage to any main street shall be 36 m. The minimum flankage to any
secondary street shall be 30 m;
f)
Where the lot is a corner lot, no portion of any gasoline pump island shall be located
closer than 5.0 m to a sight triangle;
g)
The minimum distance between driveways measured along the street line intersected
by such driveways shall be 7.5 m;
h)
The minimum distance between a driveway and an intersection of street lines,
measured along the street line intersected by such driveway, shall be 9.0 m;
i)
The minimum distance between an interior side lot line and any driveway shall be 3.0 m;
and
j)
The interior angle, formed by the street line and the centreline of any driveway, shall
not be less than 45 degrees.
3.3
Buildings to be Moved
No building or structure shall be moved within the limits of the Town of Espanola or shall be
moved into the Town of Espanola unless the building or structure is to be used for a permitted
purpose and satisfies all of the requirements of the zone in which it is to be located and then
only after a permit has been obtained from the Chief Building Official.
3.4
Conflicting Standards
a)
The available building area left on a lot after the required minimum yards have been
established may not necessarily be greater than or equal to the maximum lot coverage
permitted. Where there is a discrepancy, the more restrictive standards shall apply.
b)
Where there are any conflicting requirements in this By-law, the more restrictive
standards shall apply unless specifically stated otherwise.
c)
Where any provision of this By-law conflicts with the provisions of any regulation, By-
law or statute of any other government authority, the higher or more stringent standard
shall prevail.
3.5
Construction Uses
a)
A building or structure, incidental to construction on the lot where such building or
structure is situated, is permitted in all zones for as long as it is necessary for the work in
progress and until the work is completed or abandoned, and only while a valid building
permit for such construction remains in force.
Town of Espanola Zoning By-law
SECTION 3
GENERAL PROVISIONS
June 8, 2021, as Amended and
Consolidated to May 20, 2025
3-7
By-law No. 3022/21
b)
"Abandoned" in this subsection means the failure to not proceed expeditiously with the
construction work or the failure to not undertake any construction work during a
continuous 6 month period.
3.6
Development and Redevelopment
Notwithstanding any other provisions of this By-law, the Chief Building Official of the Town shall
not issue a building permit or any combination therefore for the development or redevelopment
of any lands or building or structure or any part thereof within the Town unless in accordance
with the provisions of a By-law of the Town enacted pursuant to Section 41 of the Planning Act.
3.7
Dwelling Units
a)
Location:
A dwelling unit may be located in a basement provided that the finished floor level of
such basement is not below the level of any sanitary or storm sewer serving the building
in which such basement is located, or provided that the dwelling unit is serviced by an
appropriate sewage pumping facility.
b)
Yard Provisions:
Where a dwelling unit is located in a Non-Residential building, such dwelling unit shall
comply with the yard provisions of this By-law which apply to the said Non-Residential
building.
c)
Number:
Unless otherwise specified by this By-law, no more than one dwelling unit is permitted
on a lot.
3.8
Established Building Line in Built-Up Area
Notwithstanding the yard and setback provisions of this By-law to the contrary, except for the
provisions of this By-law regarding sight triangles (Section 3.24) where a permitted building is to
be erected on a lot in a built-up area where there is an established building line, such permitted
building may be erected closer to the street line than required by this By-law provided such
permitted building is not erected closer to the street line than the established building line on
the date of passing of this By-law.
3.9
Frontage on an Improved Street
No person shall erect any building or structure in any zone unless such lot abuts an Improved
Street, as defined herein, and unless the lot is provided with access for vehicular traffic, in the
form of an unobstructed driveway or passageway at least 3.0 m in width, from such lot to an
Improved Street which abuts the said lot. This provision shall not apply to a lot:
Town of Espanola Zoning By-law
SECTION 3
GENERAL PROVISIONS
June 8, 2021, as Amended and
Consolidated to May 20, 2025
3-8
By-law No. 3022/21
a)
on a registered plan of subdivision where an Agreement between the owner of such
subdivision and the Town, including provisions for the construction of the streets shown
on such subdivision, is registered in the Registry Office or Land Titles Office; or
b)
that is accessed via water only, with confirmation of secured mainland parking.
3.10
Height Exceptions
Where height limitations are set forth in this By-law, such limitations shall not apply to the
following uses: air conditioning ducts, antennas, barns, belfries, bridges, bulk storage tanks,
chimneys, church steeples, clock towers, communications towers, corn cribs, electrical supply
facilities, farm implement sheds, flag poles, grain elevators, hose towers, lightning rods, lighting
standards, mechanical equipment penthouses, silos, skylights, ventilators, water tanks, and
water towers. Notwithstanding the foregoing, limitations prescribed by the Federal Ministry of
Transport or practices recommended by the said Ministry with respect to height limitations and
appropriate lighting in the vicinity of airfields shall prevail.
3.11
Home Based Businesses
a)
The following uses shall be considered permitted accessory uses to any residential use:
(i)
Home Based Businesses and Domestic Arts:
o Instruction in or business involving music, religion, dancing, arts and crafts,
sewing, hairdressing, academics, drafting, or similar activities.
(ii)
Professional Uses:
o An office or consulting room for a physician, surgeon, dentist or other
medical practitioner, insurance agent, lawyer, engineer, architect,
accountant, sales person, building contractor or persons engaged in a
similar occupation.
b)
The permitted accessory home based businesses are subject to the following provisions:
(i)
No more than one person, other than someone residing on the premises, shall
be engaged in the business
(ii)
No more than 25% or 40 m2 of the total floor area of the dwelling, whichever is
the lesser, shall be used for such purposes;
(iii)
There shall be no external display or advertising other than a legal sign,
indicating to persons outside, that a part of the dwelling house or dwelling unit
is being used for a purpose other than residential;
(iv)
There shall be no goods, wares, or merchandise, other than arts and crafts
produced on the premises, offered or exposed for sale or rent on the premises
Town of Espanola Zoning By-law
SECTION 3
GENERAL PROVISIONS
June 8, 2021, as Amended and
Consolidated to May 20, 2025
3-9
By-law No. 3022/21
or outside the premises;
(v)
The home based business, shall be clearly secondary to the main residential use
and shall not change the residential character of the dwelling house or dwelling
unit;
(vi)
The activity shall not create or become a nuisance, in particular, in regard to
noise, odour, vibration, traffic, or parking; and
(vii)
No mechanical or electrical equipment is used except that which is reasonably
consistent with the use of a dwelling.
c)
In addition to the foregoing uses, in the Rural Zones, Rural Home Based Businesses, as
defined in this By-law, shall be permitted in accordance with the following provisions:
(i)
No more than two persons shall be employed on the premises in the rural home
based business;
(ii)
No more than 25% of the floor area of the dwelling unit and no more than 50 m2
in one accessory building shall be used for the rural home based business;
(iii)
Such rural home based business shall be clearly secondary to the main rural use
and shall not change the rural character of the dwelling or lot;
(iv)
There shall be no open storage of materials, supplies, tools, equipment, or
goods which are used for, or result from the rural home based business, unless
such open storage is a minimum of 13 m from any lot line and a minimum of 45
m from a residential use on another lot.
d)
Additional Provisions
(i)
The following additional uses shall also be considered permitted accessory uses
to any single dwelling in a Rural Zone:
o The retail sale of produce or animal products grown on the lot, the retail
sale of goods made using produce grown on the lot, and a veterinarian's
office.
o Taxidermy as permitted by Ontario Regulation 666/98.
(ii)
The following additional uses shall be considered permitted accessory uses to a
dwelling accessory to an agricultural use where the agricultural use is the main
use of the lot:
The retail sale of agricultural equipment and supplies or a service outlet for
agricultural equipment and supplies.
(iii)
If more than one home based business is practised accessory to the same
dwelling, the total area dedicated to the combination of occupations shall not
Town of Espanola Zoning By-law
SECTION 3
GENERAL PROVISIONS
June 8, 2021, as Amended and
Consolidated to May 20, 2025
3-10
By-law No. 3022/21
exceed the maximum areas indicated in the preceding provisions.
(iv)
Parking requirements shall be calculated as per Section 3.23 of the Zoning By-
law.
(v)
Home based businesses may be subject to Site Plan Control.
3.12
Landscaped Open Space
Except as may otherwise be provided in this By-law, the following landscape requirements shall
apply:
a)
Where, in a yard in any zone, a parking area which provides more than four (4) off-
street parking spaces adjoins a lot in any Residential Zone, or where any lot in any
Commercial or Industrial Zone abuts a lot in any Residential Zone, then a continuous
strip of landscaped open space of a minimum width of 3.0 m shall be provided and
maintained from the lot line of the said yard or lot. Plant materials shall be trees and
shrubs of not less than 3.0 m and 1.0 m respectively in height at the time of planting and
whose heights at maturity will reach at least 9.0 m and 3.0 m respectively, and will be of
a type which will provide an effective visual screen between the particular properties.
Such plant materials may be combined with or replaced by landscaped berms and
fencing to provide an effective visual screen.
b)
Where, in any yard in any zone, a parking area which provides more than four (4) off-
street parking spaces adjoins a street, then a strip of landscaped open space shall be
provided and maintained along the lot line adjoining the street, and the said landscaped
open space shall include trees, low growing shrubs, and turf and shall be continuous
except for aisles or driveways required for access to the parking area and shall be a
minimum width of 3.0 m.
c)
In any zone, any portion of any front yard which is not used for any other permitted
purpose shall be devoted to landscaped open space.
d)
Any land used for landscaped open space shall be included in any calculations of lot
area, yard requirements, etc., as set forth in this By-law.
3.13
Lots Divided into More Than One Zone
Where a lot is divided into more than one zone, each such portion of the lot shall be used in
accordance with the permitted uses and zone provisions of this By-law for the applicable zone
where such portion of the lot is located. Each such portion of the lot shall be considered as a
separate lot for the purpose of determining zone provisions, with the exception of number of
dwelling units. The lot area and frontage requirements of the most restrictive zone on the lot
shall be applied to the entire lot. Notwithstanding the foregoing, for lots which are partially in a
holding zone of the "h" type or on an Environmental Protection Zone, the entire lot shall be
used to determine zone requirements such as area, frontage, coverage, and setbacks.
Town of Espanola Zoning By-law
SECTION 3
GENERAL PROVISIONS
June 8, 2021, as Amended and
Consolidated to May 20, 2025
3-11
By-law No. 3022/21
3.14
Minimum Distance Separation (MDS)
Notwithstanding any other yard or setback provision in this By-law to the contrary, no building
housing livestock or manure handling facility shall be erected or expanded and no new lot shall
be created unless it complies with the Minimum Separation Distance Formulae as developed by
the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA), as amended.
3.15
Mobile Homes
a)
The locating of a mobile home or mobile home park is prohibited within the Town of
Espanola, except as provided in a specific zone for this purpose.
b)
Additions to a mobile home are permitted to a maximum of 23.2 m2 (250 ft2).
3.16
Municipal Piped Services
No person shall hereafter erect and use in whole or in part any building or structure without
municipal piped services for any purpose in the R1, R2, R3, C, TC, C2, SC, M1, and I Zones, except
where specifically permitted as an exception to this By-law.
3.17
Non-Complying Buildings, Structures, and Lots
a)
Alterations to Non-Complying Buildings and Structures:
Nothing in this By-law shall prevent the enlargement, reconstruction, renovation, or
repair of an existing non-complying building or structure provided such enlargement,
reconstruction, renovation, or repair shall not:
(i)
increase the portion of the lot coverage if such coverage exceeds the applicable
maximum permitted herein;
(ii)
further reduce the width or depth of any yard adjoining that portion of such
building or structure which is less than the applicable minimum required yard
dimension required herein;
(iii)
reduce the distance between any two buildings if such distance is less than the
applicable minimum separation distance permitted herein;
(iv)
increase the height of such building or structure if such dimension exceeds the
applicable maximum building height permitted herein;
(v)
reduce the gross floor area of any dwelling or structure if it is less than the
applicable minimum gross floor area required herein;
(vi)
increase the net floor area of any building if it is greater than the applicable
maximum net floor area permitted herein;
(vii)
reduce the dwelling unit area of any dwelling unit if it is less than the applicable
Town of Espanola Zoning By-law
SECTION 3
GENERAL PROVISIONS
June 8, 2021, as Amended and
Consolidated to May 20, 2025
3-12
By-law No. 3022/21
minimum dwelling unit area required herein;
(viii)
reduce the portion of the lot used for landscaping purposes if such portion is
less than the applicable minimum landscaping area required herein; or
(ix)
contravene any other zone provisions.
b)
Use of Undersized Lots:
Where a lot having less than the minimum lot area or frontage required by this By-law,
exists on the date of passing of this By-law or is increased in area or frontage but still
does not meet the minimum area or frontage requirements of this By-law, such lot may
be used for a purpose permitted in the zone in which it is located provided that all other
applicable provisions in this By-law are met.
c)
Expropriation and/or Road Widening:
(i)
If any legally existing building or structure would become non-complying as a
result of a road widening or an expropriation, by having its front yard, exterior
side yard, or setback reduced, the said existing building or structure shall be
deemed to be complying for the purposes of this By-law.
(ii)
If any legally existing lot would become non-complying as a result of a road
widening or an expropriation, by having its lot area and/or lot frontage reduced,
the said existing lot shall be deemed to be complying for the purposes of this
By-law.
d)
Existing Non-Compliance
Nothing in this By-law shall prevent the continuation of an existing legal non-compliance
provided that any actions to buildings or structures or to the lot, including lot creation
or lot line adjustment, shall not cause the said deficiency to increase.
3.18
Non-Conforming Uses
a)
Continuation of Existing Uses
The provisions of this By-law shall not apply to prevent the use of any existing lot,
building or structure for any purpose prohibited by this By-law if such existing lot,
building or structure was lawfully used for such purpose, prior to the effective date of
this By-law and provided that the lot, building or structure continues to be used for that
purpose and is not altered in any way except in conformity with this By-law.
b)
Permitted Exterior Extension, Alteration and Reconstruction
On the exterior of a legal existing building or structure, the installation of eave troughs,
siding, brick or insulation whose sole purpose is to improve the exterior of a building or
Town of Espanola Zoning By-law
SECTION 3
GENERAL PROVISIONS
June 8, 2021, as Amended and
Consolidated to May 20, 2025
3-13
By-law No. 3022/21
structure shall be permitted provided that the floor area of the building or structure is
not expanded in any way, except in conformity with this By-law.
c)
Permitted Interior Alteration
The interior of any building or structure which was lawfully used for a purpose not
permissible within the zone in which it is located prior to the effective date of this By-
law, may be reconstructed or structurally altered, for the existing purpose for which it
was lawfully used.
d)
Restoration To a Safe Condition and Rebuilding
Nothing in this By-law shall prevent the repair, strengthening or restoration to a safe
condition of any legal existing building or structure or part thereof, or the rebuilding of
such building or structure provided that:
(i) a demolition permit is issued prior to the destruction of the building or structure,
and;
(ii) the dimensions or use of the original building or structure or of any yards
appurtenant thereto, are not altered in any way except in conformity with this By-
law unless these changes are necessary to provide for flood proofing.
e)
Change of Use:
The use of any lot, building, or structure which is not permitted in the zone in which it is
located shall not be changed except to a use which is listed as a permitted use in such
zone or to a use which is authorized by Council pursuant to its powers under the
Planning Act.
3.19
Noxious Uses
No use shall be permitted which from its nature or the materials used therein, is declared to be
a noxious trade, business, or manufacture.
3.20
Occupancy Restrictions
No human habitation nor an occupation or activity conducted for gain or profit unless
specifically permitted elsewhere in this By-law shall be permitted in the following buildings,
structures, or parts thereof:
(i)
any private garage or other building which is accessory to a residential use;
(ii)
any truck, bus, coach, or streetcar body whether or not the same is mounted on
wheels;
(iii)
any cellar, as defined in this By-law; and
Town of Espanola Zoning By-law
SECTION 3
GENERAL PROVISIONS
June 8, 2021, as Amended and
Consolidated to May 20, 2025
3-14
By-law No. 3022/21
(iv)
any trailer or recreational vehicle.
3.21
Open Storage
Open Storage shall be restricted to the Highway Commercial and Industrial Zones in accordance
with the following:
a)
in the C2 Zone, open storage shall not be permitted within any front, side, or rear yard
where the C2 Zone abuts any Residential or Institutional Zone;
b)
in the M1, M2, and M3 Zones, open storage shall not be permitted within any front yard
nor within the minimum side or rear yard where these zones abut any Residential or
Institutional Zone;
c)
a strip of landscaped open space, a minimum of 3.0 m wide shall be provided around all
sides of an open storage area which abut adjacent properties;
d)
where open storage areas abut Residential or Institutional Zones, the required
landscaped open space must also include visual screening. Any combination of plant
materials, landscaped berms, or fencing may be used, but such materials must provide
an effective visual screen between the open storage areas and the abutting properties;
and
e)
any areas used for open storage shall be in addition to any minimum off-street parking
or loading areas required by this By-law.
3.22
Outdoor Illumination
Outdoor illumination of buildings, structures, or yards, including parking areas, shall be
permitted provided the fixtures are so designed and installed that the light is directed
downward and is directed away from adjacent lots or streets.
3.23
Parking Area Requirements
Parking spaces and areas are required under this By-law in accordance with the following
provisions.
a)
Number of Spaces
(i)
The owner of every building or structure erected or used for any purposes
hereinafter set forth shall provide and maintain for the sole use of the owner,
occupant, or other persons entering upon or making use of said premises from
time to time, parking spaces and areas as follows:
Town of Espanola Zoning By-law
SECTION 3
GENERAL PROVISIONS
June 8, 2021, as Amended and
Consolidated to May 20, 2025
3-15
By-law No. 3022/21
Non-Residential Parking Requirements
Type of Use
Minimum Parking Space Requirement
Athletic or Recreational Facilities (Other than
listed herein)
1 / 4 persons design capacity of the
establishment
Automobile Service Stations
3 spaces per bay, with a minimum of 6
parking spaces
Bus Terminal
5 passenger parking spaces, plus parking
space for the bus
Car Wash, Automatic and Self Serve
Self service operation: 3 waiting and 2 drying
spaces per wash rack; Conveyor operation:
10 waiting spaces per wash rack
Commercial Club
1 / 4 persons design capacity of the
establishment
Church, Assembly Hall, Community Centre,
Theatre
The greater of: 1 / 6 fixed seats or fraction
thereof; or 1 / 9 m2 of gross floor area (GFA)
Child Care Centre
1 / 2 employees, plus 1 / every 4 children
capacity
Funeral Parlor
1 / 20 m2 GFA
Home Based Business
1 / non-resident employee
Hospital, Long Term Care Home
1 / 2 beds
Hotel, Motel
1 / guest room plus 1 / 4 persons capacity at
one time in a public area
Industrial Establishment
1 / 90 m2 of industrial floor area and1 / 30 m2
of accessory office space
Medical, Dental, or Veterinary Clinic
4 / practitioner (physician, dentist, or
veterinarian) plus 1 / 2 employees
Offices
1 / 30 m2 GFA
Other Non-Residential Uses permitted by this
By-law
1 / 30 m2 GFA
Private Gym
1 / 4 persons capacity
Restaurants
The greater of: 1 / 14 m2 GFA or 1 / 4 persons
design capacity of eating area.
Restaurant Cart or Take-out Restaurant
3 spaces plus 1/10 m2 GFA
Retail Stores, Service Outlets, Commercial
School
1 / 30 m2 GFA; minimum of 5.
School, Elementary
2 / per classroom
School, Secondary
The greater of: 5 / classroom; or 1 / 10 m2
floor area in the gymnasium or auditorium.
Self-Storage Facility
If there is office associated with the facility, 1
/ 30 m2 GFA
If no office, no requirement
Town of Espanola Zoning By-law
SECTION 3
GENERAL PROVISIONS
June 8, 2021, as Amended and
Consolidated to May 20, 2025
3-16
By-law No. 3022/21
Residential Parking Requirements
Type of Use
Minimum Parking Space Requirement
Bed and Breakfast Establishment, Short Term
Rental
1 / guest room plus the required space(s) for
the dwelling unit
Dwelling Unit
1 / unit
Additional Residential Unit
1 / unit
Group Home
1 / 2 residents according to the licensed or
approved capacity of the Group Home
(ii)
where more than one use is permitted on any lot, the requirements of this By-
law with regard to parking shall be cumulative; and
(iii)
The parking space requirements shall not apply to any building or structure in
existence at the date of passing of this By-law so long as the floor area, as it
existed at such date, is not increased. If an addition is made to the building or
structure which increases the floor area, then parking spaces for the addition
shall be provided as required by Sections 3.22(a) and (b) of this By-law.
b)
Accessible Parking
Provision of accessible parking spaces shall meet the Ontario Integrated Accessibility
Standards Regulation 191/11 or its successors. In the case of Multiple Residential (i.e.,
apartment dwellings), Commercial, Industrial, and Institutional Uses, accessible parking
spaces shall be provided in accordance with the following table:
Total Parking Spaces Required
Accessible Spaces Required (minimum)
Total
Type A
Type B
up to 37
1
1
38-62
2
1
1
63-86
3
1
2
87-133
4
2
2
133-166
5
2
3
167-200
6
3
3
Each additional 50 spaces thereof
1 additional space
Where an even number of accessible parking spaces are provided, an equal number of
parking spaces that meet the requirements of a Type A parking space and a Type B
parking space must be provided.
Where an odd number of accessible parking spaces are provided, the number of parking
spaces must be divided equally between parking spaces that meet the requirements of a
Type A parking space and a Type B parking space, but the additional parking space, the
odd-numbered space, may be a Type B parking space.
Town of Espanola Zoning By-law
SECTION 3
GENERAL PROVISIONS
June 8, 2021, as Amended and
Consolidated to May 20, 2025
3-17
By-law No. 3022/21
Accessible parking spaces shall meet the Ontario Integrated Accessibility Standards
Regulation 191/11 or its successors and at the time of the writing of this By-law be of
the following two types:
Type A: minimum width of 3.4 m
Type B: minimum width of 2.4 m
Access for accessible spaces may be shared by two parking spaces for the use of persons
with disabilities and must have a minimum width of 1.5 m.
c)
Size of Parking Spaces
(i)
Standard parking spaces shall have the minimum dimensions of 2.6 m x 6.0 m ,
exclusive of any aisle or ingress and egress lanes, for the temporary parking or
storage of motor vehicles.
d)
Location of Parking Area
(i)
Outdoor parking areas shall be permitted in any part of any yard.
(ii)
Notwithstanding (i), parking spaces shall not occupy the minimum front yard as
defined in this By-law in the R3 zone, except for permitted R1 uses; and
(iii)
Parking spaces shall not occupy the minimum front yard as defined in this By-
law in the SC and I zones, or the minimum front yard of a mobile home park in
the RT zone.
e)
Parking Provisions for Ground Oriented Residential Units (single detached, semi-
detached, duplex, triplex, and rowhouse)
(i)
Required parking in any Residential Zone shall be provided on the same lot as
the dwelling unit;
Town of Espanola Zoning By-law
SECTION 3
GENERAL PROVISIONS
June 8, 2021, as Amended and
Consolidated to May 20, 2025
3-18
By-law No. 3022/21
(ii)
Driveways shall be no less than 3 m and no more than 9 m.
(iii)
Vehicles may be parked in tandem on a driveway; and
(iv)
In the case of a parking lot, every parking space shall be provided with
unobstructed access to a street by a driveway, aisle, or lane of no less than 6.0
m and not more than 9.0 m in width.
f)
Parking Provisions for Apartments and Non-Residential Uses
(i)
Every parking space shall be provided with unobstructed access to a street by a
driveway, aisle, or lane of no less than 6.0 m and not more than 9.0 m in width;
(ii)
Access to parking areas for Commercial or Industrial uses shall not pass through
a Residential Zone;
(iii)
For non-residential uses, the parking area and its access shall be located in the
same zone and on or within 100 m of the lot it is intended to serve;
(iv)
Where the required parking is provided away from the lot on which the use or
building served is located, the parking spaces shall be in the same ownership or
on a renewable long term lease, and the parking facilities shall be maintained
for the duration of the use; and
(v)
Parking spaces shall be freely accessible in all seasons.
g)
Driveways
(i)
The maximum width of any abutting driveways along a common lot line,
measured along the street line, shall be 9.0 m except for Industrial Zones;
(ii)
No more than two driveways, aisles, or lanes will be permitted for each lot and
for every 30 m of frontage exceeding 30 m an additional driveway, aisle, or lane
shall be permitted;
(iii)
The minimum distance between two separate driveways on one lot, measured
along the street line, shall be 7.0 m;
(iv)
The minimum distance between a driveway and an intersection of street lines,
measured along the street line intersected by the driveway shall be 6.0 m for all
residential uses in the residential zones and shall be 8.0 m in all other zones;
(v)
The minimum angle of intersection between a driveway and a street line shall
be 60 degrees;
Town of Espanola Zoning By-law
SECTION 3
GENERAL PROVISIONS
June 8, 2021, as Amended and
Consolidated to May 20, 2025
3-19
By-law No. 3022/21
h)
Parking Area Surface
Each parking area and driveway connecting the parking area with a street shall be
maintained with a stable surface which is treated so as to prevent the raising of dust or
loose particles. Before being used, such parking areas and driveways shall be
constructed of crushed stone, gravel, asphalt paving, concrete, paver stones, or similar
materials and be provided with adequate drainage.
i)
Loading Spaces
(i)
The owner or occupant of any lot, building, or structure erected or used for any
purpose involving the frequent receiving, shipping, loading, or unloading of
animals, goods, wares, merchandise, or raw materials shall provide and
maintain loading spaces on the lot so occupied and not forming part of a street.
(ii)
The number of such loading spaces provided shall be in accordance with the
floor area of the building or structure as follows:
Uses
Building Floor Area
No. of Spaces
Commercial
and Industrial
less than 200 m2
None
200 to 1,000 m2
1
>1,000 to 7,500 m2
2
>7,500 m2
2 plus 1 addt'l space for each
7,500 m2 of floor area or fraction
thereof
Institutional
Any size
1
Where there are two or more uses located on the same lot, the loading space
requirements shall be the sum of the requirements for each use.
The loading space requirements shall not apply to any building or structure in
existence at the date of passing this By-law so long as the floor area, as it
existed at such date, is not increased. If an addition is made to the building or
structure which increases the floor area, then additional loading space shall be
provided as required in Section 3.23(g)(ii) for such addition.
(iii)
Size of Loading Spaces
Each loading space shall be at least 9.0 m long, 3.6 m wide, and have a vertical
clearance of at least 4.0 m.
(iv)
Location
The required loading spaces shall be provided on the lot occupied by the
building or structure for which the spaces are required and such space shall not
Town of Espanola Zoning By-law
SECTION 3
GENERAL PROVISIONS
June 8, 2021, as Amended and
Consolidated to May 20, 2025
3-20
By-law No. 3022/21
form part of any street or required parking area, and shall not be (with the
exception of the M2 and M3 zones) located within a required front yard or
exterior side yard. Where a loading space is located in a yard which abuts a
Residential Zone, such loading space shall be screened from such Residential
Zone in a manner and to the extent approved under Section 3.13 of this By-law.
(v)
Access
Access to loading spaces shall be by means of a driveway at least 3.5 m wide for
one-way traffic and 6.0 m wide for two way traffic and located within the lot on
which the loading spaces are located.
(vi)
Surface
Each loading space and driveway connecting a loading space with a street shall
be maintained with a stable surface which is treated so as to prevent the raising
of dust or loose particles. Before being used, such loading spaces and driveways
shall be constructed of crushed stone, gravel, asphalt paving, concrete, paver
stones, or similar materials and be provided with adequate drainage.
3.24
Public Uses Permitted
a)
In any zone including holding zones, any land may be used and any building or structure
may be erected and used for the purposes of a Public Authority provided that:
(i)
the lot coverage, setback, and yard requirements prescribed for the zone in
which such land, building, or structure is located shall be complied with, except
for transmission facilities for gas, telephone, cable, and electric power (i.e.:
poles, towers, lines, and similar elements);
(ii)
no goods, material, or equipment shall be stored in the open except in
accordance with the zone provisions; and
(iii)
any building or structure erected in a Residential Zone under the authority of
this paragraph shall be designed and maintained in general harmony with the
residential buildings of the type permitted in the zone.
b)
Notwithstanding subsection (a), waste disposal sites shall only be permitted in the
Waste Management Zone.
3.25
Recreational Vehicles -Temporary Use and Storage
a)
Habitation Prohibited without Primary Use, except on specified Rural lots
Use of a recreational vehicle for temporary or permanent habitation for any time period
is prohibited on any lot in any zone without a primary use.
Town of Espanola Zoning By-law
SECTION 3
GENERAL PROVISIONS
June 8, 2021, as Amended and
Consolidated to May 20, 2025
3-21
By-law No. 3022/21
Notwithstanding the above, use of up to two (2) recreational vehicles for temporary
habitation is permitted on any lot greater than 1.0 ha in area in the Rural Zone on
Schedule "B", whether or not there is a primary use, provided that solid and liquid waste
is properly disposed of.
b)
Temporary Habitation Permitted with Primary Residential Use
Use of one (1) recreational vehicle for temporary habitation is permitted on a lot with a
primary residential use for a period of up to 10 days, provided that solid and liquid
waste is properly disposed of.
c)
Licensing
Where Council has enacted a by-law requiring that recreational vehicles be licensed, the
requirements of such by-law shall be complied with.
d)
Storage
Storage of a recreational vehicle may only occur on a residential lot, or accessory to a
permitted residential use. Storage of a recreational vehicle is not permitted on a lot
without a primary use.
The use of a recreational vehicle for storage is not permitted in any zone.
No person shall use a lot in any Residential Zone or with a residential use for the
purpose of parking or storing a boat, recreational vehicle, snowmobile, or tourist trailer
except in accordance with the following provisions:
(i)
A maximum of the following vehicles may be stored:
1 boat which shall not exceed 9.0 m in length;
1 recreational vehicle which shall not exceed 9.0 m in length;
2 snowmobiles;
1 tourist trailer which shall not exceed 9.0 m in length exclusive of hitch or
tongue; and
1 ice hut.
(ii)
Storage of each vehicle shall only be permitted for a maximum of 6 months of
the year.
(iii)
Such vehicle shall be permitted in a garage, carport, or other building;
(iv)
Such vehicle shall not be located in the front or exterior side yard or any
required parking space or sight triangle;
(v)
Such vehicle shall comply with the setback for accessory structures (1.22 m)
Town of Espanola Zoning By-law
SECTION 3
GENERAL PROVISIONS
June 8, 2021, as Amended and
Consolidated to May 20, 2025
3-22
By-law No. 3022/21
from an interior side or rear lot line.
3.26
Setbacks from Water
Notwithstanding any other provision of this By-law to the contrary, except for gazebos,
boathouses, docks, decks, stairs, water pumps, saunas, and other similar shoreline structures:
a)
No person shall erect any residential building or other accessory building or structure
closer than 30.0 metres to the high-water mark of a waterbody or watercourse; and
b)
No person shall construct a leaching bed closer than 30 metres from the high water
mark of a waterbody or watercourse.
3.27
Short Term Rentals
Short term rentals are not permitted in any residential zone or waterfront residential zone. Where
permitted, they are subject to the following provisions:
a)
Short term rentals must be licensed appropriately with the Town; and
b)
Short term rentals are subject to Site Plan Control to ensure proper amenities, buffering
and servicing are provided.
3.28
Sight Triangles
Notwithstanding any provisions of this By-law to the contrary, within any area defined as a sight
triangle, the following uses shall be prohibited:
a)
a building, structure, or use which would obstruct the vision of drivers of motor vehicles;
b)
a fence or tree, hedge, bush, or other vegetation, other than agricultural crops, the top
of which exceeds 1.0 m in height above the elevation of the centrelines of abutting
streets;
c)
a parking area; and
d)
a finished grade which exceeds the elevation of the centrelines of abutting streets by
more than 0.5 m.
Town of Espanola Zoning By-law
SECTION 3
GENERAL PROVISIONS
June 8, 2021, as Amended and
Consolidated to May 20, 2025
3-23
By-law No. 3022/21
Diagram of a Sight Triangle
3.29
Signs
The provisions of this By-law shall not apply to prevent the erection, alteration, or use of any
legal sign provided that such sign complies with the provisions of this By-law regarding sight
triangles.
3.30
Temporary Uses
a)
Any temporary construction facility such as a shed, scaffold, sales office, temporary
accommodation facility such as a recreational vehicle, and equipment incidental to
building on the premises for a maximum period of two years shall be permitted in any
zone. Temporary accommodation will only be permitted in the case when an existing
dwelling is damaged to the extent that it becomes inhabitable and for the time period
while reconstruction of the dwelling is in progress.
b)
Other temporary uses may be authorized from time to time by Zoning By-law
amendment pursuant to Section 39 of the Planning Act.
3.31
Through Lots
Where a lot is a through lot, the requirements for front yards contained in this By-law shall apply
to each yard abutting a street.
3.32
Vehicle Storage
Except within an approved wrecking yard, no person shall allow a vehicle without current
licence plates to be parked outside on a lot for more than 6 months, subject to the following
provisions:
a)
Said vehicle is only allowed in the rear yard;
b)
In a Residential Zone, only 1 vehicle shall be allowed;
Town of Espanola Zoning By-law
SECTION 3
GENERAL PROVISIONS
June 8, 2021, as Amended and
Consolidated to May 20, 2025
3-24
By-law No. 3022/21
c)
In all other zones no more than 3 vehicles shall be allowed; and
d)
Such vehicles shall comply with the setback for accessory structures (1.22 m) from an
interior side or rear lot line.
3.33
Wayside Pits and Quarries
Wayside pits and quarries and portable asphalt plants are generally permitted throughout the
Town without the need to amend the Zoning By-law, provided no severe environmental
disruption will occur and the site is not within a residential zone, wetland, or watercourse. The
Town shall require a rehabilitation plan as a condition of approval.
3.34
Yard Encroachments
Every part of any minimum required yard shall be open and unobstructed from the ground to
the sky by any structure other than an accessory building or structure permitted elsewhere in
this By-law, provided however, that those structures listed below shall be permitted to project
into the minimum required yards indicated for the distances specified.
a)
Ornamental Structures:
Belt courses, sills, cornices, eaves, gutters, chimneys, bay windows, pilasters, or other
ornamental structures may project into any minimum required yard not more than 0.6
m.
b)
Porches, Balconies, and Steps:
Open and roofed porches, sundecks, balconies, exterior stairs, and landings may project
into any minimum required front, exterior side yard, or rear yard not more than 1.5 m.
c)
Patios and Landscaping Features:
Uncovered patios, awnings, fences, garden trellises, and similar landscaping features, all
plant materials, clothes poles, flag poles, retaining walls, and similar accessories may
project into any minimum yard.
d)
Gate House:
In an Industrial Zone a gate house shall be permitted in a front or side yard or in the
area between the street line and the required setback.
June 8, 2021, as Amended and
Consolidated to May 20, 2025
4-1
By-law No. 3022/21
SECTION 4 ZONES
4.1
Zones
For the purpose of this By-law all land within the boundaries of the Town of Espanola is hereby
divided and established into Zones which are shown on the attached Schedules by the
accompanying symbols:
Zone R1 - Residential First Density
Zone R3 - Residential Third Density
Zone RT - Mobile Home Park
Zone RS - Mobile Home Subdivision
Zone RR - Rural Residential
Zone C - Local Commercial
Zone TC - Town Centre Commercial
Zone AC - Adult Commercial
Zone C2 - Highway Commercial
Zone SC - Shopping Centre
Zone RC - Rural Commercial
Zone M1 - Special Industrial-Commercial
Zone M2 - Light Industrial
Zone M3 - Heavy Industrial
Zone ME - Mineral Aggregate Extraction
Zone I - Institutional
Zone RU - Rural
Zone W - Waterfront General
Zone WR - Waterfront Residential
Zone WT - Waterfront Tourist Commercial
Zone OS1 - General Open Space
Zone OS2 - Restricted Open Space
Zone WM - Waste Management
Zone EP - Environmental Protection (Flood Plain)
In addition, the following suffixes may be used in conjunction with any of the foregoing
zones, in which case, the relevant provisions of Section 4.5 or 4.6 will apply respectively:
o -(numeral) : special exception zone
o -s : slope
o -h : holding zone
o -T: temporary use
4.2
Schedules
The aforementioned zones together with the zone boundaries are shown on the attached
Schedule "A" and Schedule "B" which forms part of this By-law.
Town of Espanola Zoning By-law
SECTION 4
ZONES
June 8, 2021, as Amended and
Consolidated to May 20, 2025
4-2
By-law No. 3022/21
4.3
Boundaries of Zones
Where the boundary of any zone, as shown on the attached Schedules are uncertain, the
following provisions shall apply:
a)
where the boundary is indicated as following a street, lane, railway right-of-way, or
other right-of-way, then the boundary shall be the centre line of such street, lane,
railway, right-of-way, or other right-of-way;
b)
where the boundary is shown as approximately following a lot line or an extension of a
lot line on a registered plan of subdivision or registered survey plan, the lot line or
extension thereof shall be the boundary;
c)
where the boundary is shown as approximately following a watercourse, then the
highwater mark shall be the boundary where no flood plain mapping exists. In the case
where 1:100 year floodline is available, the boundary shall be the 1:100 year floodline;
and
d)
where uncertainty exists as to the boundary of any zone, then the location of such
boundary shall be determined from the original Schedules which are available at the
Clerk's office.
4.4
Streets and Rights-of-Way
a)
A street, lane, railway right-of-way, or other right-of-way shown on the attached
Schedules shall be included, unless otherwise indicated, with the zone of adjoining
property on either side thereof.
4.5
Special Exception Zones and Special Study Zones
a)
Where a zone symbol is followed by a dash and a number (for example "M1-1"), the
lands so designated shall be subject to all of the provisions of the zone represented by
such symbol, except as otherwise provided by the special exception provisions of the
zone. These special provisions are listed separately under the appropriate zone
(e.g. M1) in the text of this By-law.
b)
Where a zone symbol is followed by a dash and the letter "s" (for example "R1-s"), the
lands so designated shall be developed only after a geotechnical report prepared by a
qualified geotechnical engineer shows that slope stability is not a concern.
4.6
Holding Zones
a)
Any parcel or area of land may be further classified as a holding zone with the addition
of the suffix "-h". The intent is to signify Council's approval in principle to future
development of the land for the purposes indicated by the symbol. The holding
Town of Espanola Zoning By-law
SECTION 4
ZONES
June 8, 2021, as Amended and
Consolidated to May 20, 2025
4-3
By-law No. 3022/21
classification added to a given zone shall restrict development of the land until the
requirements of the Official Plan related to holding zones have been met.
b)
Where a holding zone applies, no lands shall be used and no buildings or structures shall
be erected or used for any purpose other than those uses existing for such land,
building, or structure on the date of passing of this By-law. Any change from the holding
status shall require an amendment to this By-law, and the Town may require that the
applicant enter into an agreement for the development of his/her lands prior to the
amendment being approved.
4.7
Building, Structure, and Use Classification
The buildings, structures, and uses specifically named as permitted uses in a particular zone are
the only uses permitted in the particular zone in which they are named and classified.
4.8
Temporary Use By-laws
Temporary use By-laws may have been passed by the Town to allow temporary uses pursuant to
Section 39 of the Planning Act. Temporary uses are shown on the schedules as special
exceptions and details concerning the temporary use are included in the special exception text
within the specific zone category.
June 8, 2021, as Amended and
Consolidated to May 20, 2025
5-1
By-law No. 3022/21
SECTION 5 R1 ZONE - RESIDENTIAL FIRST DENSITY
5.1
General
No person shall hereafter use any lands, or erect, alter, enlarge, or use any building or structure
in the R1 Zone (as shown on the attached Schedules) except in accordance with the provisions
of this Section and of other relevant Sections of this By-law.
5.2
Permitted Uses
o Single detached dwellings;
o Duplex dwellings;
o Semi-detached dwellings;
o Apartment dwellings, with a maximum of four dwelling units;
o Lodging and meals for compensation, for not more than 2 persons;
o Group homes;
o Bed and breakfasts;
o Additional residential units in accordance with Section 3.1.1; and
o Uses accessory to the foregoing.
5.3
Zone Requirements
a)
Single Detached Dwelling
Lot Area (minimum)
Corner lots
650 m2
Other
550 m2
Lot Frontage (minimum)
16.5 m
Yard Requirements (minimum)
Front/Exterior Side
collector or major street
7.0 m
local street
5.0 m
Rear
7.0 m
Interior Side
1.22 m + 0.5 m for each
additional storey above the
first
Building Height (maximum)
10 m
Lot Coverage (maximum including all structures)
45%
Additional Residential Units (maximum)
2 in accordance with
Section 3.1.1.
Town of Espanola Zoning By-law
SECTION 5
R1 ZONE
June 8, 2021, as Amended and
Consolidated to May 20, 2025
5-2
By-law No. 3022/21
b)
Semi-Detached Building
Lot Area (minimum)
Corner lots
800 m2
Other
600 m2
Lot Frontage (minimum)
18 m
Yard Requirements (minimum)
Front/Exterior Side
collector or major street
7.0 m
local street
5.0 m
Rear
7.0 m
Interior Side
2.0 m
Building Height (maximum)
10 m
Lot Coverage (maximum including all structures)
45%
Additional Residential Units (maximum)
2 per semi-detached
dwelling, in accordance with
Section 3.1.1.
(i)
No minimum side yard will be required between two adjoining units.
c)
Duplex
Lot Area (minimum)
Corner lots
800 m2
Other
600 m2
Lot Frontage (minimum)
18 m
Yard Requirements (minimum)
Front/Exterior Side
collector or major street
7.0 m
local street
5.0 m
Rear
7.0 m
Interior Side
2.0 m
Building Height (maximum)
10 m
Lot Coverage (maximum including all structures)
45%
Additional Residential Units Per Lot
(maximum)
1 in accordance with
Section 3.1.1.
d)
Apartment
Lot Area (minimum)
Corner lots
800 m2
Other
600 m2
Lot Frontage (minimum)
18 m
Town of Espanola Zoning By-law
SECTION 5
R1 ZONE
June 8, 2021, as Amended and
Consolidated to May 20, 2025
5-3
By-law No. 3022/21
Yard Requirements (minimum)
Front/Exterior Side
7.0 m
Rear
7.0 m
Interior Side
3.0 m
Building Height (maximum)
10 m
Lot Coverage (maximum including all structures)
35%
Maximum Number of Dwelling Units
4
5.4
Additional Zone Requirements
a)
General Provisions
In accordance with the provisions of Section 3.
5.5
Special Exception Zones
a)
R1-1(431 Albert St, Lot 8, Con. V)
Notwithstanding the provisions of Section 5.3, the land in the R1-1 zone may be used in
accordance with the following provisions:
Lot Area (minimum)
645 m2
Lot Frontage (minimum)
17.6 m
b)
R1-2 (Albert St, Lot 8, Con. V; By-law 2542/13)
Notwithstanding the provisions of Section 5.3, the land in the R1-2 zone may be used in
accordance with the following provisions:
Interior Side Yard (minimum)
1.23 m
c)
R1-3 Adelaide St, Lot 8, Con. V; By-law 2645/15)
Notwithstanding the provisions of Section 5.3, the land in the R1-3 zone may be used in
accordance with the following provisions:
Lot Area (minimum)
350 sqm/unit
d)
R1-4 (475 to 499 Queensway Ave (south side), Lot 8, Con. IV)
Notwithstanding the provisions of Section 5.3 to the contrary, on the lands zoned R1-4
the requirements of the R1 zone contained in Section 5.3 shall apply except for the
following:
Lot Frontage (minimum)
16.4 m
Town of Espanola Zoning By-law
SECTION 5
R1 ZONE
June 8, 2021, as Amended and
Consolidated to May 20, 2025
5-4
By-law No. 3022/21
e)
R1-5 (429 Mead Blvd, MERRITT CON 5 LOT 8 PLAN M63 LOT 3 PCL 5550; By-law
2731/16)
Notwithstanding the provisions of Sections 5.2 to the contrary, on the land zoned R1-5,
in addition to the permitted uses, a taxi service, car wash and detailing business
accessory to the main residential use shall be permitted, and the following provisions
shall apply:
-
Accommodate a maximum of 7 parking spaces on the property with minimum
dimensions of 2.6 m x 6 m - 3 indoor garage spaces, 4 outdoor spaces in driveway
f)
R1-6 (235 Queensway Ave, Lot 7, Con. IV)
Notwithstanding the provisions of Section 5.2 to the contrary on the lands which are in
the R1-6 Zone, a Child Care Centre shall be permitted.
g)
R1-7
Reserved.
h)
R1-8 (441 Mead Blvd, Lot 8, Con. V; By-law 1256/97)
Notwithstanding the provisions of Sections 5.2 and 5.3 to the contrary, on the lands
which are located in the R1-8 zone, a triplex dwelling unit shall be permitted according
to the following provisions:
Lot Area (minimum)
501 m2
Lot Frontage (minimum)
18 m
Notwithstanding the provisions of Sections 5.3 and 3.1(b), the side yard setback for the
carport located on the north side of the property shall be 0.42 m and the rear yard
setback for the frame shed also located on the north side of the property shall be 0.51
m. Furthermore, notwithstanding the provisions of Section 3.23, 4 parking spaces are
required.
i)
R1-9 (222 Spruce St, Lot 8, Con. V; By-law 1595-02)
Notwithstanding the provisions of Sections 3.23, 5.2, and 5.3 of this By-law to the
contrary, the lands in the R1-9 zone may be used for a funeral parlour and an accessory
dwelling unit, in accordance with the following provisions:
Yard Requirements (minimum)
Rear
Existing building
existing
Interior Side
Existing building
existing
Town of Espanola Zoning By-law
SECTION 5
R1 ZONE
June 8, 2021, as Amended and
Consolidated to May 20, 2025
5-5
By-law No. 3022/21
Proposed Addition
1.25 m
Exterior Side
Existing building
existing
Lot Coverage (maximum)
20%
Driveways or lanes permitted (maximum)
4
Parking Spaces required (minimum)
10
j)
R1-10 (433 Mead Blvd, Lot 8, Con. IV; By-law 2118/08)
Notwithstanding the provisions of Section 5.3 to the contrary, on the land zoned R1-10
the following provisions shall apply:
Lot Area (minimum)
500 m2
Yard Requirements (minimum)
Front
5 m
Rear
6 m
k)
R1-11
Reserved.
l)
R1-12 (455 Wood St and 456 Joseph St, Lot 8, Con. V; By-law 2254/10)
Notwithstanding the provisions of Section 5.3 to the contrary, on the land zoned R1- 12,
the following zone requirements shall apply:
Lot Area (minimum)
345 m2
Lot Frontage (minimum)
15.5 m
Yard Requirements (minimum)
One (1) Interior Side
0.5 m
m)
R1-13
Reserved.
n)
R1-14 (516 Centre St; MERRIT CON V LOT 8 PCL 11062 PLAN M66 PT LOT 92; Bylaw No.
2798/17)
Notwithstanding the provisions of Section 5.3 Zone Requirements, on the land zoned as R1-
14, the following provisions shall apply:
Existing Lot Area, Corner Lot (minimum)
526 m2
Lot Frontage (minimum)
14.3 m
Yard Requirements (minimum)
Front
1.8 m
Town of Espanola Zoning By-law
SECTION 5
R1 ZONE
June 8, 2021, as Amended and
Consolidated to May 20, 2025
5-6
By-law No. 3022/21
Interior Side
0.7m
Rear
0.3m
Dwelling Units per Lot (maximum)
1
5.6
Holding Zones
a)
693 Mead Blvd, Lot 9, Con. V; Plan 53M1214 Blks 28 to 33 and PCL 6356
No building or structure shall be permitted until such time as the holding suffix "-h" is
removed by By-law amendment. The removal of the "-h" shall only occur when the
following conditions are fulfilled to the satisfaction of the Town of Espanola:
(i)
That full municipal services are available or are approved and under
construction to service the lands; and
(ii)
That the Town has confirmed capacity at the sewage and water treatment
plants for the proposed development.
b)
726 Mead Blvd, Lot 8, Con. IV; PCL 26231 RP 53R7704 Part 1 and 732 Mead Blvd, Lot 8,
Con. IV; PCL 19872 RP SR1091 Part 2
No building or structure shall be permitted until such time as the holding suffix "-h" is
removed by By-law amendment. The removal of the "-h" shall only occur when the
following conditions are fulfilled to the satisfaction of the Town of Espanola:
(i)
That full municipal services are available or are approved and under
construction to service the lands;
(ii)
That the Town has confirmed capacity at the sewage and water treatment
plants for the proposed development; and
(iii)
That a soils study is done confirming the land is appropriate for the proposed
use.
c)
Part of MERRITT CON 4 PT LOT 8 RP; 53R21032 PART 10 PT PART 12; RP 53R21441 PART
4
No building or structure shall be permitted until such time as the holding suffix "-h" is
removed by By-law amendment. The removal of the "-h" shall only occur when the
following conditions are fulfilled to the satisfaction of the Town of Espanola:
(i)
Confirmation of servicing capacity, and any upgrades be undertaken or
agreements be entered into to undertake such upgrades.
Town of Espanola Zoning By-law
SECTION 5
R1 ZONE
June 8, 2021, as Amended and
Consolidated to May 20, 2025
5-7
By-law No. 3022/21
d)
Part of MERRITT CON 4 LOT 8 RP 53; R8004 PART 1 PCL 26623; REMAINDER
No building or structure shall be permitted until such time as the holding suffix "-h" is
removed by By-law amendment. The removal of the "-h" shall only occur when the
following conditions are fulfilled to the satisfaction of the Town of Espanola:
(i)
Confirmation of servicing capacity, and any upgrades be undertaken or
agreements be entered into to undertake such upgrades.
(ii)
Approval of a Site Plan to satisfy the Town of Espanola with respect to floor
proofing and erosion control.
June 8, 2021, as Amended and
Consolidated to May 20, 2025
6-1
By-law No. 3022/21
SECTION 6 R3 ZONE - RESIDENTIAL THIRD DENSITY
6.1
General
No person shall hereafter use any lands, nor erect, alter, enlarge, or use any building or
structure in the R3 Zone (as shown on the attached Schedules) except in accordance with the
provisions of this Section and of other relevant Sections of this By-law.
6.2
Permitted Uses
o R1 uses in accordance with the provisions thereof;
o Rowhouse dwellings;
o Triplexes;
o Apartment dwellings;
o Boarding and rooming houses;
o Additional residential units in accordance with Section 3.1.1; and
o Uses accessory to the foregoing.
6.3
Zone Requirements:
a)
Rowhouse
Lot Area (minimum)
250 m2 / unit
Lot Frontage (minimum)
25 m
Per unit
6.0 m / unit
Yard Requirements (minimum)
Front/Exterior Side
collector or major street
7.0 m
local street
5.0 m
Rear
7.0 m
Interior Side
3.0 m
Building Height (maximum)
10 m
Lot Coverage (maximum including all structures)
45%
Additional Residential Units (maximum)
2 per rowhouse in accordance with
Section 3.1.1
(i)
The minimum lot area per unit shall not apply to additional residential units. The
minimum area of the lot is the minimum area that would be required of the
same lot if no additional residential units were located on the lot.
(ii)
No minimum side yard is required between adjoining units.
b)
Triplexes
Lot Area (minimum)
105 m2 / unit
Lot Frontage (minimum)
25 m
Town of Espanola Zoning By-law
SECTION 6
R3 ZONE
June 8, 2021, as Amended and
Consolidated to May 20, 2025
6-2
By-law No. 3022/21
Yard Requirements (minimum)
Front/Exterior Side
7.0 m
Rear
7.0 m
Interior Side
3.0 m
Building Height (maximum)
4 storeys or 15 m whichever is less
Lot Coverage (maximum including all structures)
45%
c)
Apartment
Lot Area (minimum)
105 m2 / unit
Lot Frontage (minimum)
25 m
Yard Requirements (minimum)
Front/Exterior Side
7.0 m
Rear
7.0 m
Interior Side
3.0 m
Building Height (maximum)
4 storeys or 15 m whichever is less
Lot Coverage (maximum including all structures)
35%
d)
Boarding and Rooming Houses
Lot Area (minimum)
650 m2
Lot Frontage (minimum)
20 m
Yard Requirements (minimum)
Front/Exterior Side
7.0 m
Rear
7.0 m
Interior Side
5.0 m
Building Height (maximum)
3 storeys or 10 m whichever is less
Lot Coverage (maximum including all structures)
35%
6.4
Additional Zone Requirements for All Permitted R3 Uses
a)
General Provisions
In accordance with the provisions of Section 3.
b)
Distance between Residential Building on the Same Lot
Where more than one (1) residential building is erected on the same lot, the distance
between buildings shall be a minimum of half the average height of the buildings, but
not less than:
-
15.0 m where both walls contain balconies or windows into a habitable room;
-
7.5 m where one building wall contain balconies or windows into a habitable
room; or
Town of Espanola Zoning By-law
SECTION 6
R3 ZONE
June 8, 2021, as Amended and
Consolidated to May 20, 2025
6-3
By-law No. 3022/21
-
3.0 m where neither building wall contains balconies or windows into
a habitable room.
6.5
Special Exception Zones
a)
R3-1
Notwithstanding the provisions of Section 6.2, on lands in the R3-1 zone, any two of the
commercial uses listed in Section 9.2 shall also be permitted. Commercial uses shall be
restricted to the ground floor and to a maximum floor area of 200 m2.
b)
R3-2 (Lot 9, Concession V, Plan 53M-1214, Blks 28 to 33 and Pcl 6356, Queensway
Avenue; By-law 2654/13)
Notwithstanding any other provisions of Sections 3.9, 6.2 and 6.3 to the contrary, on the
lands zoned R3-2:
(i)
A medical office, accessory to a permitted residential use, shall also be
permitted;
(ii)
Notwithstanding any provisions to the contrary, of Section7.3b), an apartment
building may be developed with 0.0 m frontage on a public road;
(iii)
A quadplex will be developed in accordance with the provisions of Section 7.3b);
(iv)
Notwithstanding any provisions to the contrary, of Section 7.3b), an apartment
building may be developed in accordance with the following:
All Yard Requirements (minimum)
3.0 m
c)
R3-3 (Lot 9, Concession V, Plan 53M-1214, Blks 28 to 33 and Pcl 6356, Queensway
Avenue) By-law 2654/13
Notwithstanding any other provisions of Section 6.3 to the contrary, on the lands zoned
R3-3, the following zone requirements shall apply:
Lot Frontage (minimum)
20 m
A Quadplex shall be developed in accordance with the provisions of Section 7.3b).
d)
R3-4 (417 Centre Street MERRITT C5 L8 PLAN M74 PT OF EAST PT L94 53R-11258 PT 1,
PCL 10381 By-law 2678/15)
Notwithstanding the provisions of Section 6.3 b), on the land zoned as R3-2, the
following provisions shall apply:
Town of Espanola Zoning By-law
SECTION 6
R3 ZONE
June 8, 2021, as Amended and
Consolidated to May 20, 2025
6-4
By-law No. 3022/21
Yard Requirements (minimum)
Front
1.8 m
Side
2.1 m
e)
R3-5 (18-117 Yusko Crescent; Lot 8, Con IV, Merritt Township; By-law 2831/18)
Notwithstanding any other provisions of Sections 3.9, 3.23 d) iv), 3.23 e) iii), 3.23 e) v),
3.23 e) vi) and 6.3 a), to the contrary, the land zoned R3-5 may be used in accordance
with the following provisions:
Number of driveways permitted per 40 m lot
frontage (maximum)
4
Distance between driveways (minimum)
1.25 m
Distance between driveway and street (minimum)
4.65 m
Building coverage (maximum)
40%
(i)
Building permits may be issued based on a development agreement being in
place for the construction of the road.
(ii)
Parking is permitted in the required front yard.
f)
R3-6 (153 Barber Street; Lot 8, Con V, Merritt Township; PCL 20554; Lot 142, Plan M77;
By-law 2872/18)
Notwithstanding any other provisions of Section 6.2 to the contrary, on the lands zoned
R3-6, a medical office as the main use shall be permitted.
g)
R3-7 (PART BROKEN LOT 8, CONCESSION 4 MERRITT; PART 12, PLAN 53R21032; By-law
3159/23)
Notwithstanding the provisions of Section 3.23, on the lands in the R3-7 zone, the
following shall be permitted:
Number of driveways permitted per lot (maximum) 3
Driveway width (maximum)
13.6 m
Distance between driveways (minimum)
3.4 m
(i)
Parking is permitted in the required front yard.
And further, on the lands described as Brentwood Lot B, a landscaping buffer with a
minimum width of 7.0m is required along the westerly lot line, to maintain existing
vegetation.
And further, on lands described as Brentwood Lot C:
Lot coverage (maximum)
37%
Town of Espanola Zoning By-law
SECTION 6
R3 ZONE
June 8, 2021, as Amended and
Consolidated to May 20, 2025
6-5
By-law No. 3022/21
h)
R3-8 (Second Ave; LT 80 PL M883 MERRITT; S/T LT269453; By-law 3159/23)
Notwithstanding any other provisions of Section 3.12.a, 3.23.a.i, 3.33.b, and 6.3.b, to
the contrary, on the lands zoned R3-8, the following zone requirements and general
provisions shall apply:
Lot Frontage (minimum)
20.14 m
Front Yard Setback (minimum)
5.44 m
One Bedroom Unit Size (minimum)
46.45 m2
Continuous strip of landscaped open space
where the parking lot is adjacent to the
western property line
1.9 m
Parking Space per Dwelling Unit (minimum)
1
Projection into the east interior side yard
for external stairs
1 m
6.6
Holding Zones
a)
Queensway Ave, CON 4 PT LOT 8 PCL 30369 RP 53r14866 PART 1 & 2. Part 3, 6, 9 on
Registered Plan 53R21861.
No building or structure shall be permitted until such time as the holding suffix "-h" is
removed by By-law amendment. The removal of the "-h" shall only occur when the
following conditions are fulfilled to the satisfaction of the Town of Espanola:
(i)
That full municipal services are available or are approved and under
construction to service the lands; and
(ii)
That the Town has capacity at the sewage and water treatment plants for the
proposed development.
(iii)
That notwithstanding Section 6.6 a) (i) and (ii), a plan of subdivision be approved
by the Town for any development more than 90 metres from Queensway
Avenue and that suitable agreements be entered into for the establishment of a
road.
b)
Multiple locations
299 Queensway Ave, Lot 8, Con. IV; PCL28539 RP 53R 10985 Part 4
309 Queensway Ave, Lot 8, Con. IV; PCL28538 RP 53R 10985 Part 3
317 Queensway Ave, Lot 8, Con. IV; PCL28537 RP 53R 10985 Part 2
No building or structure shall be permitted until such time as the holding suffix "-h" is
removed by By-law amendment. The removal of the "-h" shall only occur when the
following conditions are fulfilled to the satisfaction of the Town of Espanola:
Town of Espanola Zoning By-law
SECTION 6
R3 ZONE
June 8, 2021, as Amended and
Consolidated to May 20, 2025
6-6
By-law No. 3022/21
(i)
That the concerns of the Town of Espanola and Ministry of Natural Resources
and Forestry (MNRF) with respect to floodline determination, floodproofing,
and erosion control are satisfied.
c)
Queensway Ave, Lot 9, Con. V; Plan 53M1214, Blks 28 to 33 and Pcl6356; By-law
2654/13
No building or structure shall be permitted until such time as the holding suffix "-h" is
removed by By-law Amendment. The removal of the "-h" shall occur when the following
conditions are fulfilled to the satisfaction of the Town of Espanola:
(i)
That full municipal services are available or are approved and under
construction to service the lands;
(ii)
That the Town has capacity at the sewage and water treatment plants for the
proposed development; and
(iii)
That the development plan has been reviewed and approved by the Town's Fire
Chief with respect to providing additional access.
d)
Queensway Ave, Lot 8, Con IV; WP3554 EXCEPT PT 1, 53R-5019, PT1 53R-10959, PARTS
1 & 2 53R-14866, and PARTS 1,2,3,4 & 5 53R-17432; By-law 2831/18
No occupancy of any dwellings shall be permitted until such time as the holding
provision is removed by By-law Amendment. The removal of the holding provision shall
only occur when the following conditions are fulfilled to the satisfaction of the Town:
(i)
The road is accepted by By-law by the Town; and
(ii)
Municipal services are in place.
e)
Multiple Locations
Part of MERRITT CON 4 PT LOT 8 PCL;31551 RP 53R17214 PART 1
MERRITT CON 4 LOT 8 PCL;31475 RP 53R17214 PART 2
Part of MERRITT CON 4 PT LOT 8 RP; 53R21032 PART 10 PT PART 12; RP 53R21441 PART
4
No building or structure shall be permitted until such time as the holding suffix "-h" is
removed by By-law amendment. The removal of the "-h" shall only occur when the
following conditions are fulfilled to the satisfaction of the Town of Espanola:
(i)
Confirmation of servicing capacity, and any upgrades be undertaken or
agreements be entered into to undertake such upgrades.
June 8, 2021, as Amended and
Consolidated to May 20, 2025
7-1
By-law No. 3022/21
SECTION 7 RT ZONE - MOBILE HOME PARK
7.1
General
No person shall hereafter use any lands, nor erect, alter, enlarge, or use any building or
structure in the RT Zone (as shown on the attached Schedules) except in accordance with the
provisions of this Section and of other relevant Sections of this By-law.
7.2
Permitted Uses
o Mobile homes; and
o Uses accessory to the foregoing including common service buildings and community
facilities.
7.3
Zone Requirements:
a)
Mobile Home Park
Lot Area (minimum)
2.0 ha
Lot Frontage (minimum)
75 m
Lot Depth (minimum)
150 m
Yard Requirements (minimum)
Front/Exterior Side
10 m
Rear
5.0 m
Interior Side
5.0 m
Lot Coverage (maximum)
35%
b)
Mobile Home Sites
Site Area (minimum)
550 m2
Site Frontage (minimum)
16.5 m
Site Depth (minimum)
33 m
Yard Requirements (minimum)
Front/Exterior Side
5.0 m
Rear
5.0 m
Interior Side
2.0 m
Building Height (maximum)
5.0 m
Lot Coverage (maximum)
35%
Gross Floor Area per Dwelling Unit (minimum)
55 m2
Dwelling Units per Site
1
Town of Espanola Zoning By-law
SECTION 7
RT ZONE
June 8, 2021, as Amended and
Consolidated to May 20, 2025
7-2
By-law No. 3022/21
7.4
Additional Zone Requirements
a)
General Provisions
In accordance with the provisions of Section 3.
b)
Site Boundaries
Each mobile home site shall be clearly and permanently defined by stakes, fencing, or
hedges and will be provided with a foundation or a concrete or gravel pad upon which
the mobile home will be located.
c)
Buffer Strip
The required yards around a mobile home park shall be landscaped open space except
that visitor parking and recreational facilities may be permitted with these minimum
yards up to 3.0 m from the lot line. The landscaped open space shall comply with the
provisions of Section 3.12.
d)
Minimum Mobile Home Park Size
Before the first occupancy is permitted, a mobile home park shall provide a minimum of
20 mobile home sites.
e)
Required Recreation Areas
One or more outdoor recreation areas equivalent to 5% of the land proposed for
development shall be provided. No such recreation area shall contain less than 500 m2.
f)
Additions
Additions on mobile homes are limited as per the provisions of Section 3.15 of this By-
law.
7.5
Special Exception Zones
Reserved.
June 8, 2021, as Amended and
Consolidated to May 20, 2025
8-1
By-law No. 3022/21
SECTION 8 RR ZONE - RURAL RESIDENTIAL
8.1
General
No person shall hereafter use any lands, nor erect, alter, enlarge, or use any building or
structure in the RR Zone (as shown on the attached Schedules) except in accordance with the
provisions of this Section and of other relevant Sections of this By-law.
8.2
Permitted Uses
o Single detached dwellings;
o Additional residential units in accordance with Section 3.1.1;
o Child Care Centres;
o Group homes; and
o Uses accessory to the foregoing.
8.3
Zone Requirements
Lot Area (minimum)
10,000 m2 (1.0 ha)
Lot Frontage (minimum)
30 m
Yard Requirements (minimum)
Front/Exterior Side
7.5 m
Rear
7.5 m
Interior Side
7.5 m
Building Height (maximum)
10 m
Maximum Lot Coverage
20%
Additional Residential Units per Lot
(maximum)
1 additional residential unit in
accordance with Section 3.1.1.
8.4
Additional Zone Requirements
a)
General Provisions
In accordance with the provisions of Section 3.
8.5
Special Exception Zones
a)
RR-1 (559, 665, and 725 Barber St, Lot 10, Con. V)
Notwithstanding the provisions of Section 8.3 to the contrary, the land in the RR-1 zone
may be used in accordance with the following provisions:
Lot Area (minimum)
10 acres (4.05 ha)
Town of Espanola Zoning By-law
SECTION 8
RR ZONE
June 8, 2021, as Amended and
Consolidated to May 20, 2025
8-2
By-law No. 3022/21
b)
RR-2 (926 Pleasant Valley Rd, Lots 11 and 12, Con. II)
Notwithstanding the provisions of Section 8.2 to the contrary, on the land zoned RR-2,
permitted uses shall also include:
o Hobby Farm.
c)
RR-3 (1347 Bass Lake Rd, Lot 10, Con. III)
Notwithstanding the provisions of Section 8.2 to the contrary, on the land zoned RR-3,
permitted uses shall also include:
o Welding business.
d)
RR-4 (2248 Lee Valley Rd, Lot 11, Con. IV)
Notwithstanding the provisions of Section 8.2 to the contrary, on the land zoned RR-4,
permitted uses shall also include:
o Multi-unit dwelling; and
o Industrial storage building.
e)
RR-5 (2201 Lee Valley Rd, Lot 12, Cons. IV and V; Bylaw 1392/99)
Notwithstanding the provisions of Section 8.2 to the contrary, on the lands zoned RR-5,
the following use shall be permitted:
o A storage garage, accessory to the existing residential use.
Notwithstanding the provisions of Section 8.2 and 8.3 to the contrary, in the RR-5 zone
an accessory storage garage may be located in accordance with the following provisions:
Yard Requirements (minimum)
Rear
1.0 m
Interior Side
1.0 m
Furthermore, no accessory building shall be permitted in the front yard.
f)
RR-6 (Multiple locations on Second Ave, Lot 10, Con. V)
Notwithstanding the provisions of Section 8.3 to the contrary, the land in the RR-6 zone
may be used in accordance with the following provisions:
Lot Area (minimum)
1,300 m2
Town of Espanola Zoning By-law
SECTION 8
RR ZONE
June 8, 2021, as Amended and
Consolidated to May 20, 2025
8-3
By-law No. 3022/21
g)
RR-7 (922 Mead Blvd, Lot 8, Con. IV)
Notwithstanding the provisions of Section 8.3 to the contrary, the land in the RR-7 zone
may be developed in accordance with the following provisions:
Lot Area (minimum)
2,400 m2
Yard Requirements (minimum)
Interior Side
3.0 m
h)
RR-8 (836 Mead Blvd, Lot 8, Con. IV; By-law 2025-07)
Notwithstanding the provisions of Section 8.2 and 8.3, the permitted uses in the RR-8
zone shall include a breeding kennel and may be developed in accordance with the
following provisions:
Lot Area (minimum)
4.45 ha
Lot Frontage (minimum)
200 m
Setbacks for Kennels or any structure or portion
thereof used for the kennel operation (minimum)
Front
15 m
Rear
30 m
Interior Side
45 m
(i)
Permitted Location of Dog Runs:
Restricted to locations in a side yard, rear yard, or interior yard abutting a side or rear
yard
(ii)
Minimum Separation Areas:
No building or structure or portion thereof used for kennel purposes may be located
closer to any residential use building on another lot than:
o 300 m for a kennel with more than four dog runs, or
o 150 m for a kennel with four or fewer dog runs.
Despite the above, the minimum separation area between kennel building and
structures and residential use buildings on another lot may be reduced to 75 m in the
case of a kennel with more than four dog runs, provided that noise attenuation
measures are introduced to mitigate the noise level of all indoor and outdoor kennel
facilities so that they do not become a nuisance to surrounding dwellings.
i)
RR-9 (2242 Lee Valley Rd, Lot 11, Con. IV)
Notwithstanding any other provisions of Section 8.2 to the contrary, on the land zoned
RR-9, a contractor's establishment shall also be a permitted use.
Town of Espanola Zoning By-law
SECTION 8
RR ZONE
June 8, 2021, as Amended and
Consolidated to May 20, 2025
8-4
By-law No. 3022/21
j)
RR-10 (2244A Lee Valley Rd, Lot 11, Con. IV; By-law 2299/10)
Notwithstanding any other provisions of Section 8.2 and 8.3 to the contrary, on the land
zoned RR-10, a custom workshop and an automobile undercoating business shall also be
a permitted use, in accordance with the following provisions:
Lot Frontage (minimum)
16 m
k)
RR-11 (49 GIROUX DRIVE MERRITT CON 4 LOT 7 PLAN M1136 LT 14; PCL M1136-14; By-
law 2735/16)
Notwithstanding the provisions of Sections 3. 1, 8.2 and 8.3 to the contrary on the lands
zoned RR-11; an accessory use may be permitted prior to the establishment of a main
use, in accordance with the following provisions:
Number of accessory uses or structures
permitted prior to establishing a main use:
1
Accessory use, building area (maximum):
19 m2
l)
RR-12 (2233 Lee Valley Rd; Concession V, Lot 11; Lot 11, Plan 53M-1250; Bylaw 2797/17)
Notwithstanding the provisions of Sections 3.11 and 8.2 to the contrary, on the land
zoned RR-12, in addition to the permitted uses, an automotive repair shop accessory to
a residential dwelling shall be permitted in the rear accessory garage (50' x 32').
m)
RR-13 (468A Old Webbwood Road; Conc. V, Lot 11; Pcl 30092; Part 1, Plan 53R14537;
By-law 2974/20)
Notwithstanding the provisions of Section 8.2, to the contrary, on the lands which are
located in the RR-13 zone, a maximum of 10 domestic backyard chickens shall be
permitted, with the chicken coop subject to the following provisions:
Yard Requirements (minimum)
Front
109 m
Rear
26 m
West Side
1.8 m
East Side
37 m
n)
RR-14 (Yocum Drive, Savicky Drive, Lot 10, Conc. IV; Former RS Zone)
Notwithstanding the provisions of Section 8.3, to the contrary, on the lands which are
located in the RR-14 zone, the lands shall be used with the following provisions:
Lot Area (minimum)
2,000 m2
Lot Frontage (minimum)
40 m
Town of Espanola Zoning By-law
SECTION 8
RR ZONE
June 8, 2021, as Amended and
Consolidated to May 20, 2025
8-5
By-law No. 3022/21
Yard Requirements (minimum)
Front/Exterior Side
10 m
Rear
10 m
Interior Side
5.0 m
Lot Coverage (maximum including all structures)
20%
o)
RR-15 (2251 Lee Valley Road; MERRITT CON 5 LOT 11 PCL 25474 RP SR323 PART 2; By-
law 3145/23)
Notwithstanding the provisions of Section 8.2, to the contrary, the keeping of a
maximum of 10 domestic backyard chickens shall be permitted in the rear yard.
Notwithstanding the provisions of Section 3.1, a chicken coop and run may be
constructed in the rear yard with a minimum 3.0 metres set back to any side or rear lot
line.
June 8, 2021, as Amended and
Consolidated to May 20, 2025
9-1
By-law No. 3022/21
SECTION 9 C ZONE - LOCAL COMMERCIAL
9.1
General
No person shall hereafter use any lands, nor erect, alter, enlarge, or use any building or
structure in the C Zone (as shown on the attached Schedules) except in accordance with the
provisions of this Section and of other relevant Sections of this By-law.
9.2
Permitted Uses
o Baked foods shops;
o Barber shops;
o Beauty parlours;
o Delicatessens;
o Drugstores;
o Dry cleaning and laundry outlets;
o Financial offices;
o Private gym;
o Professional offices;
o Restaurants;
o Restaurants, Drive-In;
o Restaurants, Take-Out;
o Retail convenience stores;
o Self-service laundromats;
o Shoe repair shops;
o Sub-post offices;
o Tobacconist and/or newsstands;
o One accessory dwelling to, and situated within, the same building as a permitted local
commercial use; and
o Uses accessory to the foregoing.
9.3
Zone Requirements
Lot Area (minimum)
750 m²
Lot Frontage (minimum)
25 m
Yard Requirements (minimum)
Front/ Exterior Side
collector or major street
7.0 m
local street
5.0 m
Rear
7.0 m
Interior Side
abutting an existing residential use or
a residential zone
3.0 m
all other cases
1.0 m
Building Height (maximum)
2 storeys or 10 m whichever is less
Town of Espanola Zoning By-law
SECTION 9
C ZONE
June 8, 2021, as Amended and
Consolidated to May 20, 2025
9-2
By-law No. 3022/21
Lot Coverage (maximum)
60%
Gross Floor Area per Dwelling Unit (minimum)
as per Section 6.3 (b)
9.4
Additional Zone Requirements
a)
General Provisions
In accordance with the provisions of Section 3.
b)
Landscaped Open Space
Where the side or rear boundaries of a C Zone are contiguous with the boundaries of a
residential zone, landscaped open space shall be provided in accordance with the
provisions of Section 3.12.
9.5
Special Exception Zones
a)
C-1
Reserved.
b)
C-2 (439-443 Second Ave., Lot 8, Con. V; By-law 2400/11)
Notwithstanding the provisions of Sections 9.2 and 9.3 to the contrary, on the land
zoned C-2, in addition to the permitted uses, a self-storage facility shall be permitted,
and the following provisions shall apply:
Yard Requirements (minimum)
Rear
1.0 m
Interior Side
1.0 m
c)
C-3 (449 Mead Blvd, Lot 8, Con. V; By-law 2341/11)
Notwithstanding the provisions of Sections 3.12, 3.23, 9.2, 9.3, and 9.4 to the contrary,
on the land zoned C-3, permitted uses shall include:
o All those uses listed in Section 9.2;
o A maximum of eight (8) dwelling units; and
o Custom Workshop
In accordance with the following provisions:
Lot Frontage (minimum)
18 m
Yard Requirements (minimum)
Front
1.5 m
Interior Side
0.5 m
Town of Espanola Zoning By-law
SECTION 9
C ZONE
June 8, 2021, as Amended and
Consolidated to May 20, 2025
9-3
By-law No. 3022/21
Parking Requirements
Commercial Uses
2 spaces total
Residential Uses
1 space / dwelling unit
Landscaping Requirements
Continuous strip of landscaped
open space adjacent to any
Residential Zone to include shrubs
and turf (minimum width):
1.0 m
Continuous strip of landscaped
open space in the rear yard
adjacent to any street to include
shrubs and turf (minimum width):
1.0 m
June 8, 2021, as Amended and
Consolidated to May 20, 2025
10-1
By-law No. 3022/21
SECTION 10 TC ZONE - TOWN CENTRE COMMERCIAL
10.1
General
No person shall hereafter use any lands, nor erect, alter, enlarge, or use any building or
structure in the TC Zone (as shown on the attached Schedules) except in accordance with the
provisions of this Section and of other relevant Sections of this By-law.
10.2
Permitted Uses
o Automobile service stations;
o Commercial schools;
o Farmers' markets;
o Financial offices;
o Funeral parlours;
o Government services;
o Hotels, motor inns, and motels;
o Institutional uses permitted under Section 20.2;
o Medical/dental offices;
o Offices;
o Parking lots;
o Personal and business services;
o Places of entertainment, recreation, and assembly;
o Private clubs;
o Restaurants;
o Restaurants, Drive-In;
o Restaurants, Take-Out;
o Restaurant Cart, Mobile or Stationary;
o Retail stores;
o Service industrial uses limited to bakeries, dry cleaning establishments, printing shops, and
wholesaling establishments;
o Service outlets;
o Taxi and bus depots;
o Utility service buildings;
o Veterinary establishments;
o Existing residential uses;
o One (1) accessory dwelling to, and situated within the same building as a permitted
commercial use; and
o Rowhouses, Triplexes, Apartment Dwellings, and Boarding and Rooming Houses in
accordance with the provisions of Section 6.3; and
o Uses accessory to the foregoing.
10.3
Zone Requirements
Lot Area (minimum)
none required
Lot Frontage (minimum)
none required
Town of Espanola Zoning By-law
SECTION 10
TC ZONE
June 8, 2021, as Amended and
Consolidated to May 20, 2025
10-2
By-law No. 3022/21
Yard Requirements (minimum)
Front/ Exterior Side
none required
Rear
9.0 m
Interior Side
none required
Building Height (maximum)
4 storeys or 15 m whichever is less
Lot Coverage (maximum)
60%
10.4
Additional Zone Requirements
a)
General Provisions
In accordance with the provisions of Section 3.
b)
Increased Yard Requirements
Where a Town Centre Commercial (TC) Zone abuts a Residential Zone, the side yard
requirement shall be 5.0 m of which 3.0 m shall be landscaped open space and the rear
yard requirement shall be increased to 9.0 m of which 3.0 m shall be landscaped open
space. The landscaped open space shall comply with the provisions of Section 3.12.
c)
Special Provisions for Hotels, Motor Inns, and Motels
Where the exterior wall of a guest room contains a habitable room window, such wall
shall be located not closer than 7.0 m from any side or rear lot line.
d)
Existing Residential Uses
The relevant provisions of Sections 5 or 6 shall apply as per the type of dwelling unit.
e)
Automobile Service Stations
The provisions of Section 3.2 and 15.3 shall apply.
10.5
Special Exception Zones
a)
TC-1 (135 Fleming St, LOT 213, PLAN M77; PCL 19477; By-law 3065/22)
Notwithstanding the provisions of Section 6.3 b) and 10.3 hereof to the contrary, on the
lands zoned TC-1 the location of the existing building shall be permitted.
b)
TC -2 (78-80 Centre Street, Lot 8, Con. VI; By-law 1391/99)
Notwithstanding the provisions of Sections 3.23, 10.2, and 10.3 hereof to the contrary,
on the lands which are located in the TC-2 zone, a municipal government services
complex shall be permitted according to the following provisions:
Yard Requirements (minimum)
Town of Espanola Zoning By-law
SECTION 10
TC ZONE
June 8, 2021, as Amended and
Consolidated to May 20, 2025
10-3
By-law No. 3022/21
Rear
9.0 m
Number of Parking Spaces (total)
9
Width of Driveway Aisle (minimum)
4.0 m
For the purposes of interpretation of the zone requirements, the lands Zoned TC-2 shall
be considered as one lot.
June 8, 2021, as Amended and
Consolidated to May 20, 2025
11-1
By-law No. 3022/21
SECTION 11 AC ZONE - ADULT COMMERCIAL
11.1
General
No person shall hereafter use any lands, nor erect, alter, enlarge, or use any building or
structure in the AC Zone (as shown on the attached Schedules) except in accordance with the
provisions of this Section and any other relevant Sections of this By-law.
11.2
Permitted Uses
o Adult entertainment business
11.3
Zone Requirements
Lot Area (minimum)
705 m2
Lot Frontage (minimum)
25 m
Yard Requirements (minimum)
Front/Exterior Side
7.0 m
Rear
7.0 m
Interior Side
3.0 m
Building Height (maximum)
10 m
11.4
Additional Zone Requirements
a)
General Provisions
In accordance with the provisions of Section 3.
11.5
Special Exception Zones
Reserved.
June 8, 2021, as Amended and
Consolidated to May 20, 2025
12-1
By-law No. 3022/21
SECTION 12 C2 ZONE - HIGHWAY COMMERCIAL
12.1
General
No person shall hereafter use any lands, nor erect, alter, enlarge, or use any building or
structure in the C2 Zone (as shown on the attached Schedules) except in accordance with the
provisions of this Section and of other relevant Sections of this By-law.
12.2
Permitted Uses
o Antique and craft shops;
o Automobile service stations;
o Automatic carwash;
o Commercial garages;
o Drive-in establishments;
o Farm machinery sales and service;
o Motels, motor inns, and hotels;
o Offices;
o Recreational vehicle and marine equipment sales and service;
o Restaurants;
o Restaurants, Drive-in;
o Restaurants, Take-out
o Restaurant Cart, Mobile or Stationary;
o Retail Store;
o Self-service Laundromats;
o School, Commercial;
o Trailer and mobile home sales;
o Existing residential uses;
o One (1) accessory dwelling, either attached or detached, accessory to and on the same lot as
a permitted commercial use;
o Rowhouses, Triplexes, Apartment Dwellings, and Boarding and Rooming Houses; and
o Uses accessory to the foregoing.
12.3
Zone Requirements
a)
Commercial Uses
Lot Area (minimum)
550 m2
Yard Requirements (minimum)
by site plan agreement
Building Height (maximum)
10 m
Lot Coverage (maximum)
40%
b)
Rowhouses, Triplexes, Apartment Dwellings, and Boarding and Rooming Houses
Lot Area (minimum)
Per R3 Zone provisions
Lot Frontage (minimum)
Per R3 Zone provisions
Town of Espanola Zoning By-law
SECTION 12
C2 ZONE
June 8, 2021, as Amended and
Consolidated to May 20, 2025
12-2
By-law No. 3022/21
Yard Requirements (minimum)
Per R3 Zone provisions
Building Height (maximum)
Per R3 Zone provisions
Lot Coverage (maximum)
40%
12.4
Additional Zone Requirements
a)
General Provisions
In accordance with the provisions of Section 3.
b)
Increased Zone Requirements
Where a Highway Commercial (C2) Zone abuts a Residential Zone, the minimum side
and rear yards shall be 3.0 m.
c)
Special Provisions for Hotels, Motor Inns, and Motels
Where the exterior wall of a guest room contains a habitable room window, such wall
shall be located not closer than 7.0 m from any side or rear lot line.
d)
Open Storage
The provisions of Section 3.21 shall apply to any commercial use where open storage of
goods or materials is involved.
e)
Automobile Service Stations and Commercial Garages
The provisions of Section 3.2 shall apply to any automobile service station or
commercial garage.
12.5
Special Exception Zones
a)
C2-1 (995 Hwy 6, Lot 6, Con. IV)
Notwithstanding the provisions of Section 3.16, 12.2 and 12.3 hereof to the contrary,
the following special provisions shall apply within the C2-1 zone.
(i)
Permitted Uses
o a hotel, a motel, tourist cabins, a public house, a health spa, and an eating
establishment, and uses accessory to the foregoing.
Town of Espanola Zoning By-law
SECTION 12
C2 ZONE
June 8, 2021, as Amended and
Consolidated to May 20, 2025
12-3
By-law No. 3022/21
(ii)
Zone Requirements
With Municipal
Water and
Sewer
With
Municipal
Water Only
Without
Municipal
Services
Lot Area (minimum)
550 m2
700 m2
1,400 m2
Lot Frontage (minimum)
18 m
18 m
36.5 m
Yard Requirements (minimum)
Front
12 m
12 m
12 m
Rear
3.0 m
3.0 m
3.0 m
Side
9.0 m
9.0 m
9.0 m
Main Building Height (maximum)
10.5 m
10.5 m
10.5 m
Accessory Building Height (maximum)
4.5 m
4.5 m
4.5 m
Lot Coverage (maximum)
75%
40%
40%
b)
C2-2 (830 Centre Street, Lot 7, Con. IV; By-law 1343/98)
Notwithstanding the provisions of Section 12.2 hereof to the contrary, a building supply
outlet shall be permitted in addition to the permitted uses.
c)
C2-3 (293 Queensway Ave, Lot 8, Con. IV; By-law 1501/01)
Notwithstanding the provisions of Section 3.23(e) to the contrary, the minimum width
of the driveway giving access to the parking spaces at the rear of the building shall be
4.85 m.
d)
C2-4 (525 Centre St, Lot 8, Con. V; By-law 2322/10)
Notwithstanding the provisions of Sections 12.2 and 12.3 to the contrary, on the land
zoned C2-4, two dwelling units shall be permitted in addition to all uses listed in 12.2, in
accordance with the following provisions:
Yard Requirements (minimum)
Front
5.0 m
Interior Side
1.0 m
e)
C2-5 (407 Centre St, Lot 8, Con. V; By-law 2391/11)
Notwithstanding the provisions of Sections 12.2 to the contrary, on the land zoned C2-5,
in addition to the permitted uses, a commercial warehouse and a maximum of 10
residential apartments shall be permitted.
f)
C2-6 (321 Secord Street; PCL 6578 SEC SWS; LT 200 PL M74; By-law 3042/21)
Town of Espanola Zoning By-law
SECTION 12
C2 ZONE
June 8, 2021, as Amended and
Consolidated to May 20, 2025
12-4
By-law No. 3022/21
Notwithstanding the provisions of Sections 12.2 and 3.23, to the contrary, on the land
zoned C2-6, an automotive detailing facility shall be permitted in addition to the uses
listed in Section 12.2, in accordance with the following provisions:
Parking spaces, total (min)
3
Loading space (min)
none
g)
C2-7 (801 Centre St, Lot 7, Con. IV; PCL 30295 SEC SWS; By-law 2912/19)
Notwithstanding the provisions of Sections 3.23, to the contrary, the lands zoned C2-7
may be used in accordance with the following provisions:
Required parking spaces (minimum)
140
An accessory garden centre may be permitted to be located on the property on a year-
round basis, provided the following provisions are met:
(i)
No outdoor storage shall be permitted outside of the designated areas on the
approved Site Plan;
(ii)
All buildings and structures shall comply with the Building Code, and be
maintained in accordance with the Site Plan Control Agreement; and
(iii)
A 3.0 m wide landscaping strip, including a row of trees or a continuous
hedgerow of evergreens or shrubs of not less than 1.5 m high, shall be required
immediately adjacent to and across the front of the garden centre. Such
landscaping strip shall be located between the garden centre and any public
street, in accordance with the Site Plan Control Agreement.
12.6
Holding Zones
a)
C2-h Multiple locations, see below:
Lot 8, Con. IV; PCL 18292
Lot 7, Con. IV; PCL 9913 and 19332
Highway 6 and Centre St, Lot 7, Con. IV; PCL 19332 RP SR396 Part 1 and Part 2
Lot 7, Con. IV; PCL 5308 and PCL 5308 SWS, part of part 5 Plan 53R-15477 and part of
Part 1, Plan 53R-7714
No building or structure shall be permitted until such time as the holding suffix "-h" is
removed by By-law amendment. The removal of the "-h" shall only occur when the
following conditions are fulfilled to the satisfaction of the Town of Espanola:
(i)
Approval of a Site Plan to satisfy the Town of Espanola with respect to flood
proofing and erosion control.
June 8, 2021, as Amended and
Consolidated to May 20, 2025
13-1
By-law No. 3022/21
SECTION 13 SC ZONE - SHOPPING CENTRE
13.1
General
No person shall hereafter use any lands, nor erect, alter, enlarge, or use any building or
structure in the SC Zone (as shown on the attached Schedules) except in accordance with the
provisions of this Section and of other relevant Sections of this By-law.
13.2
Permitted Uses
A shopping centre consisting of the following commercial uses:
o Automobile service station; and
o Bookstores;
o Department stores and furniture stores;
o Drug stores;
o Financial offices;
o Food stores, including grocery stores, delicatessen stores, and food specialty shops;
o Offices;
o Restaurants;
o Restaurants, Drive-in;
o Restaurants, Take-out;
o Personal service shops;
o Retail;
o School, Commercial; and
o Uses accessory to the foregoing
provided that such a group of commercial establishments is planned, developed, owned, and
managed as a unit.
13.3
Zone Requirements
a)
The minimum yard requirements except for automobile service stations shall be as
follows:
o when adjacent to an R1 or R3 Zone, 40 m;
o when adjacent to a public roadway or any other zone, 15 m.
b)
An automobile service station shall conform with the requirements of Section 3.2and
15.3.
13.4
Additional Zone Requirements
a)
General Provisions
In accordance with the provisions of Section 3.
Town of Espanola Zoning By-law
SECTION 13
SC ZONE
June 8, 2021, as Amended and
Consolidated to May 20, 2025
13-2
By-law No. 3022/21
b)
Lighting
Notwithstanding the provisions of Section 3.22, the following requirements shall apply:
(i)
night illumination by means of flood lights, security lights, and lamppost type
lights shall be provided for all off-street parking areas and along all exterior
facades of the shopping complex;
(ii)
any lighting used to illuminate off-street parking areas shall be located,
shielded, and directed upon the parking areas so that it does not reflect on
adjacent properties or interfere with road traffic.
c)
Off-Street Parking
Notwithstanding the provisions of Section 3.23, not less than one (1) parking space shall
be provided for every 14 m2 or portion thereof of gross floor area. Any off-street parking
area shall have a maximum of one (1) entrance and one (1) exit for each adjacent street
or highway.
d)
Screening and Landscaping
Notwithstanding the provisions of Section 3.12, the following requirements shall apply:
(i)
A grass or ornamental strip of at least 3.0 m in width shall be maintained along
the boundaries of the shopping complex site and shall not be used for any
purpose other than landscaping except where interrupted by the necessary
entrance and exit lanes.
(ii)
Where the side or rear boundaries of an SC Zone are contiguous with the
boundaries of an R1, R2, or R3 Zone, such boundaries shall be effectively
screened by the following:
o a planting strip of at least 1.0 m wide, with shrubs or trees at least 1.2 m
high at time of planting and of a type which may be expected to form a
year-round dense screen at least 1.8 m high within two (2) years, or
o a wall or barrier or uniformly painted fence at least 1.5 m high but not more
than 1.8 m high above grade. Such wall, barrier, or fence may be opaque or
perforated provided that not more than 50% of the face is open.
13.5
Special Exception Zones
a)
SC-1 (800 Centre St, Lot 7, Con. IV)
The maximum gross leasable area of all buildings erected on the lands zoned SC-1 shall
be 10,700 m2.
June 8, 2021, as Amended and
Consolidated to May 20, 2025
14-1
By-law No. 3022/21
SECTION 14 RC ZONE - RURAL COMMERCIAL
14.1
General
No person shall hereafter use any lands, nor erect, alter, enlarge, or use any building or
structure in the RC Zone (as shown on the attached Schedules) except in accordance with the
provisions of this Section and of other relevant Sections of this By-law.
14.2
Permitted Uses
o Auction barn;
o Bake shop;
o Commercial garage;
o Commercial greenhouse;
o Communications facility;
o Custom workshop;
o Farm produce outlet;
o Farm supply centre;
o Garden Centre;
o Make your own wine business;
o Nursery;
o Veterinary establishment;
o Water bottling business;
o Retail accessory to any of the above uses; and
o One (1) accessory dwelling, either attached or detached, accessory to and on the same lot as
a permitted commercial use; and
o Uses accessory to the foregoing.
14.3
Zone Requirements
Lot Area (minimum)
4,000 m2
Lot Frontage (minimum)
30 m
Yard Requirements (minimum)
Front/Exterior Side
12 m
Rear
12 m
Interior Side
9.0 m
Building Height (maximum)
9.0 m
Lot Coverage (maximum)
30%
14.4
Additional Zone Requirements
a)
General Provisions
In accordance with the provisions of Section 3.
b)
Development is subject to Site Plan Control.
Town of Espanola Zoning By-law
SECTION 14
RC ZONE
June 8, 2021, as Amended and
Consolidated to May 20, 2025
14-2
By-law No. 3022/21
14.5
Special Exception Zones
Reserved.
Town of Espanola Zoning By-law
June 8, 2021, as Amended and
Consolidated to May 20, 2025
15-1
By-law No. 3022/21
SECTION 15 M1 ZONE - SPECIAL INDUSTRIAL-COMMERCIAL
15.1
General
No person shall hereafter use any lands, nor erect, alter, enlarge, or use any building or
structure in the M1 Zone (as shown on the attached Schedules) except in accordance with the
provisions of this Section and of other relevant Section of this By-law.
15.2
Permitted Uses
o Alcoholic beverage retail outlets;
o Antique shops;
o Automobile service stations;
o Bus garages;
o Car Wash;
o Cash and carry heavy goods stores;
o Commercial garages;
o Craft shops including handmade pottery, furniture, metal, and wood souvenir items;
o Drive-in business where persons are served in automobiles;
o Farmers' markets;
o Garden and building supply centres;
o Hotels, motels, and motor inns;
o Offices;
o Places of entertainment, recreation, and assembly;
o Private clubs;
o Restaurants;
o Restaurants, Drive-in;
o Restaurants, Take-out;
o Retail stores;
o Self-service laundromats;
o Service industrial uses;
o Transportation terminals;
o Veterinary establishments; and
o Uses accessory to the foregoing.
15.3
Zone Requirements
Lot Area (minimum)
700 m2
Lot Frontage (minimum)
20 m
Lot Depth (minimum)
30 m
Yard Requirements (minimum)
Front/Exterior Side
9.0 m
Rear
9.0 m
Interior Side
3.0 m
Building Height (maximum)
10 m
Lot Coverage (maximum)
40%
Town of Espanola Zoning By-law
SECTION 15
M1 ZONE
June 8, 2021, as Amended and
Consolidated to May 20, 2025
15-2
By-law No. 3022/21
15.4
Additional Zone Requirements
a)
General Provisions
In accordance with the provisions of Section 3.
b)
Increased Yard Requirements
Where a Special Industrial-Commercial (M1) Zone abuts a Residential Zone, the
minimum side yard shall be increased to 5.0 m of which 3.0 m shall be landscaped open
space and the minimum rear yard shall be increased to 12 m of which 3.0 m shall be
landscaped open space. The landscaped open space shall comply with the provisions of
Section 3.12(a).
c)
Other Zone Requirements
The provisions of Section 10.4(b), (c), (d), and (e) shall also apply.
15.5
Special Exception Zones
a)
M1-1
Reserved.
b)
M1-2
Reserved.
c)
M1-3 (345 Centre St, Lot 8, Con. V)
In addition to the provisions of Section 15.2, the manufacture and sale of pallets and
ceramics shall be permitted on the lands zoned M1-3. The manufacturing shall take
place in wholly enclosed buildings which do not emit obnoxious sounds, odour, dust,
vibrations, fumes, or smoke. The provisions of Section 3.21 with respect to Open
Storage shall apply, and in addition, a solid fence shall be required to provide visual
screening between any open storage areas and adjacent lots or streets.
d)
M1-4 (270 Centre St, Lots 7 and 8, Con. V; By-law 1524-01)
Notwithstanding the provisions of Sections 2.65, 3.1, 3.23, and 15.3 hereof to the
contrary on land zoned M1-4, the following provisions shall apply:
Yard Requirements (minimum)
Front
5.5 m
Rear
0.6 m
Distance from a parking space to a street line
3.0 m
Town of Espanola Zoning By-law
SECTION 15
M1 ZONE
June 8, 2021, as Amended and
Consolidated to May 20, 2025
15-3
By-law No. 3022/21
(minimum)
(i)
For the purpose of interpretation and zone requirements, the lands within the
Zone M1-4 shall be considered as one lot.
(ii)
A proposed garden centre may be permitted to occupy a portion of the
minimum required front yard, as shown on approved Site Plan provided that no
structure is attached to the main building.
e)
M1-5 (365 Centre St; Plan M174, Pt Lot 12; PCL 18355; By-law 2896/19)
Notwithstanding the provisions of Sections 3.23, and 15.2 hereof to the contrary on land
zoned M1-5, in addition to the permitted uses, three (3) dwelling units shall be
permitted and the following provisions shall apply:
Yard Requirements (minimum)
Rear
7.3 m
Interior Side
1.22 m
Parking spaces required per dwelling unit
1
June 8, 2021, as Amended and
Consolidated to May 20, 2025
16-1
By-law No. 3022/21
SECTION 16 M2 ZONE - LIGHT INDUSTRIAL
16.1
General
No person shall hereafter use any lands, nor erect, alter, enlarge, or use any building or
structure in the M2 Zone (as shown on the attached Schedules) except in accordance with the
provisions of this Section and of other relevant Sections of this By-law.
16.2
Permitted Uses
o M1 uses, in accordance with the provisions thereof;
o Commercial garages, automobile service stations;
o Construction equipment yards;
o Custom workshops;
o Farm machinery sales and service;
o Heavy equipment sales and service;
o Manufacturing, processing, assembling, warehousing, or wholesaling use in wholly enclosed
buildings which do not emit obnoxious sounds, odour, dust, vibrations, fumes, or smoke;
o Mobile homes and modular homes construction and sales;
o Public utility service yard, or electric generating, receiving, or transforming station;
o Recreational vehicles sales, service, and storage;
o Restaurants;
o Restaurants, Drive-In;
o Restaurants, Take-Out;
o Self-storage Facility;
o Service industrial uses such as building supply centre, building contractor shops, feed and
fuel yards, machine shops, bulk storage, nursery or garden supply centre, printer or
publisher, dry cleaning outlet or plant;
o Transport terminals, trucking yards; and
o Uses accessory to the foregoing.
16.3
Zone Requirements
Lot Area (minimum)
900 m2
Lot Frontage (minimum)
23 m
Yard Requirements (minimum)
Front/Exterior Side
9.0 m
Rear
9.0 m
Interior Side
3.0 m
Building Height (maximum)
15 m
Lot Coverage (maximum)
75%
Town of Espanola Zoning By-law
SECTION 16
M2 ZONE
June 8, 2021, as Amended and
Consolidated to May 20, 2025
16-2
By-law No. 3022/21
16.4
Additional Zone Requirements
a)
General Provisions
In accordance with the provisions of Section 3.
b)
Service Stations and Commercial Garages
The provisions of Section 3.2 shall apply.
c)
Increased Yard Requirements
Where an Industrial Zone abuts a Residential Zone, the minimum side and rear yard
requirements shall be increased to 12 m of which 3.0 m shall be landscaped open space.
d)
Residential Uses
The relevant provisions of Section 5 or 6 shall apply as per the type of dwelling unit.
e)
Open Storage
The provisions of Section 3.21 shall apply to any industrial use where open storage is
involved.
16.5
Special Exception Zones
a)
M2-1 (57 Queensway Ave, Lot 7, Con. IV)
In addition to the provisions of Section 16.2, one (1) single detached dwelling shall be
permitted on parcel 10511 S. W.S. along with uses accessory to the residential use of
the parcel.
b)
M2-2 (845 Barber St, Lot 10, Con. V; By-law 1223/96)
Notwithstanding the provisions of Section 16.2 hereof to the contrary, on the lands
which are zoned M2-2, the following uses shall be permitted:
o warehousing or wholesaling use in wholly enclosed buildings which do not emit
obnoxious sounds, odours, dust, vibrations, fumes, or smoke; and
o building contractor shops.
c)
M2-3 (60 McCulloch Drive, Part of Lots 6 and 7, Con. IV; By-law 2404/11)
Notwithstanding the provisions of Sections 16.2 to the contrary, on the land zoned M2-
3, the following uses shall also be permitted: scrap metal sorting, and storage of the
sorted metal for up to 90 days.
Town of Espanola Zoning By-law
SECTION 16
M2 ZONE
June 8, 2021, as Amended and
Consolidated to May 20, 2025
16-3
By-law No. 3022/21
16.6
Holding Zones
a)
Panache Lake Rd; northeast quadrant, Lot 6, Con. IV
No building or structure shall be permitted until such time as the holding suffix "-h" is
removed by By-law amendment. The removal of the "-h" shall only occur when the
following conditions are fulfilled to the satisfaction of the Town of Espanola:
(i)
That full municipal services are available or are approved and under
construction to service the lands; and
(ii)
That the Town has confirmed capacity at the sewage and water treatment
plants for the proposed development.
June 8, 2021, as Amended and
Consolidated to May 20, 2025
17-1
By-law No. 3022/21
SECTION 17 M3 ZONE - HEAVY INDUSTRIAL
17.1
General
No person shall hereafter use any lands, nor erect, alter, enlarge, or use any building or
structure in the M3 Zone (as shown in the attached Schedules) except in accordance with the
provisions of this Section and of other relevant Sections of this By-law.
17.2
Permitted Uses
o M2 uses in accordance with the provisions thereof;
o Any use listed below provided that such uses are located at least 150 m from any residential
zone;
o The manufacturing, extracting, and processing of raw materials, repair work shops, and bulk
storage of goods allowed shall include such uses as the following:
o Automobile wrecking yards;
o Bleaching compound manufacturing;
o Bottled gas storage, distribution, and bulk storage;
o Coal and coke yards;
o Creosote treatment or manufacturing;
o Food manufacture and processing;
o Foundries;
o Furniture, bulk manufacturing;
o Lumber mills, sawmills;
o Manufacturing industries;
o Meat packers;
o Ornamental metal work;
o Pulp and paper manufacture and related uses;
o Septic tank servicing and cleaning equipment yards;
o Storage, sorting, collecting, or baking of rags, paper, iron, or junk; and
o Uses accessory to the foregoing.
17.3
Zone Requirements
Lot Area (minimum)
8,000 m2
Lot Frontage (minimum)
60 m
Yard Requirements (minimum)
All yards
15 m
Lot Coverage (maximum)
50%
17.4
Additional Zone Requirements
a)
General Provisions
In accordance with the provisions of Section 3.
b)
Residential Uses
Town of Espanola Zoning By-law
SECTION 17
M3 ZONE
June 8, 2021, as Amended and
Consolidated to May 20, 2025
17-2
By-law No. 3022/21
A permitted dwelling unit shall be located at least 15 m from the main building or
buildings related to a permitted M3 use. The provisions of Section 5.3 shall apply with
regard to zone requirements.
c)
Open Storage
The provisions of Section 3.21 shall apply to any permitted industrial use where open
storage is involved.
17.5
Special Exception Zones
a)
M3-1 (Multiple locations, Lot 8, Con. VI)
Notwithstanding the permitted use provisions of Section 17.2, in the M3-1 Zone only the
following uses are permitted:
o Existing hydroelectric facility;
o Existing water treatment and filtration plants; and
o Uses permitted in the OS2 zone.
June 8, 2021, as Amended and
Consolidated to May 20, 2025
18-1
By-law No. 3022/21
SECTION 18 RM ZONE - RURAL INDUSTRIAL
18.1
General
No person shall hereafter use any lands, nor erect, alter, enlarge, or use any building or
structure in the RM Zone (as shown on the attached Schedules) except in accordance with the
provisions of this Section and of other relevant Sections of this By-law.
18.2
Permitted Uses
o Auction barns;
o Building supplies outlets;
o Bulk storage;
o Commercial greenhouses;
o Contractor's establishments;
o Custom workshops;
o Dry industries;
o Farm equipment dealers;
o Fuel storage tank / supply yards;
o Greenhouses;
o Lumber yards;
o Manufacturing industries;
o Recycling depots;
o Sawmills;
o Transportation depots;
o Well-drilling establishments;
o Woodworking establishments;
o One (1) accessory dwelling, either attached or detached, accessory to, and on the same lot
as a permitted industrial use; and
o Uses accessory to the foregoing.
18.3
Zone Requirements
Lot Area (minimum)
1.0 ha
Lot Frontage (minimum)
60 m
Yard Requirements (minimum)
Front/Exterior Side
15 m
Rear
15 m
Interior Side
10 m
Building Height (maximum)
12 m
Lot Coverage (maximum)
20%
18.4
Additional Zone Requirements
a)
General Provisions
Town of Espanola Zoning By-law
SECTION 18
RM ZONE
June 8, 2021, as Amended and
Consolidated to May 20, 2025
18-2
By-law No. 3022/21
In accordance with the provisions of Section 3.
b)
Development is subject to Site Plan Control.
18.5
Special Exception Zones
Reserved.
June 8, 2021, as Amended and
Consolidated to May 20, 2025
19-1
By-law No. 3022/21
SECTION 19 MX ZONE - MINERAL AGGREGATE EXTRACTION
19.1
General
No person shall hereafter use any lands, nor erect, alter, enlarge, or use any building or
structure in the MX Zone (as shown on the attached Schedules) except in accordance with the
provisions of this Section and of other relevant Sections of this By-law.
19.2
Permitted Uses
o Aggregate transfer stations;
o Asphalt plants;
o Crushing facilities;
o Offices;
o Pit and quarry operations;
o Ready-mix concrete plants;
o Stockpiles;
o Storage and screening operations; and
o Uses accessory to the foregoing.
19.3
Zone Requirements
Lot Area (minimum)
1.0 ha
Lot Frontage (minimum)
100 m
Yard Requirements (minimum)
Front/Exterior Side
30 m
Rear
15 m
Interior Side
15 m
Building Height (maximum)
12 m
Lot Coverage (maximum)
50%
19.4
Additional Zone Requirements
a)
General Provisions
In accordance with the provisions of Section 3.
19.5
Special Exception Zones
Reserved.
June 8, 2021, as Amended and
Consolidated to May 20, 2025
20-1
By-law No. 3022/21
SECTION 20 I ZONE - INSTITUTIONAL
20.1
General
No person shall hereafter use any lands, nor erect, alter, enlarge, or use any building or
structure in the I Zone (as shown on the attached Schedules) except in accordance with the
provisions of this Section and of other relevant Sections of this By-law.
20.2
Permitted Uses
o Cemeteries;
o Child care centres;
o Facilities for charitable organizations;
o Government services;
o Group homes;
o Nursing homes, clinics, and health care facilities;
o Municipal service facilities;
o Other institutional uses;
o Private clubs;
o Public parks;
o Recreational facilities;
o Religious institutions and accessory dwelling units thereto;
o Rest homes and senior citizen dwelling units;
o Retirement homes;
o Schools and other educational facilities;
o One (1) accessory dwelling, either attached or detached, accessory to and on the same lot as
a permitted institutional use; and
o Uses accessory to the foregoing.
20.3
Zone Requirements
Lot Area (minimum)
550 m²
Lot Frontage (minimum)
15 m
Yard Requirements (minimum)
Front/Exterior Side
collector or major street
7.0 m
local street
5.0 m
Rear
7.0 m
Interior Side
3.0 m
Building Height (maximum)
14 m
Lot Coverage (maximum)
40%
20.4
Additional Zone Requirements
a)
General Provisions
Town of Espanola Zoning By-law
SECTION 20
I ZONE
June 8, 2021, as Amended and
Consolidated to May 20, 2025
20-2
By-law No. 3022/21
In accordance with the provisions of Section 3.
b)
Cemeteries
Cemeteries shall not be governed by the foregoing standards but shall conform with the
Cemeteries Act.
c)
Residential Uses
The relevant provisions of Section 5 or 6 shall apply as per the type of dwelling unit.
20.5
Special Exception Zones
a)
I-1 (559 Barber St, Lot 10, Con. V)
Notwithstanding Section 3.16, the lands zoned I-1 may be developed with private wells
and septic systems.
b)
I-2
Reserved.
c)
I-3 (347 Second Ave, Lot 8, Con. IV; By-law 1799-05)
Notwithstanding the provisions of Sections 2.65, 3.23, 20.2, and 20.3 hereof to the
contrary, the lands designated I-3 on Schedule "A" hereto may also be used for an
Ambulance Station and a government services office in accordance with the following
provisions:
Yard Requirements (minimum)
Front
9.0 m
Side
Exterior
3.0 m
Interior
3.0 m
(i)
For the purpose of interpretation and application of the provisions and
requirements of this By-law, the lands zoned I-3 shall be considered as one lot.
(ii)
A maximum of three (3) parking spaces may be located in the front yard.
d)
I-4 (399 Mead Boulevard; MERRITT CON 5 LOT 8 PCL 5935 PCL 19602 RP SR1019 PART 1;
By-law 3160/23)
Notwithstanding the provisions of Section 3.23 and Section 20, Local Commercial (C
Zone) uses and the retail of medical equipment and supplies shall be permitted in
accordance with the provisions of the C Zone and a total of 14 parking spaces will be
permitted.
Town of Espanola Zoning By-law
SECTION 20
I ZONE
June 8, 2021, as Amended and
Consolidated to May 20, 2025
20-3
By-law No. 3022/21
e)
I-5 (375 Queensway Ave; Lot 8, Con. IV, PCL 13262; By-law 3166/23)
Notwithstanding the provisions of Sections 3.23, on lands in the I-5 zone, parking shall
be permitted in the minimum front yard and parking for a retirement home shall be
provided at 0.75 spaces required per unit.
f)
I-6 (Part of PCL 28269 SEC SWS; PT LT 9 CON 4 MERRITT PT 1-4, 53R10604 EXCEPT PARTS
3 & 4 53R17256 By-law 3193/24)
Notwithstanding the provisions of Section 20, on lands in the I-6 zone, Residential Third
Density (R3 Zone) uses shall be permitted in accordance with the provisions of the R3
zone.
20.6
Holding Zones
a)
375 Queensway Ave (Lot 8, Con. IV, PCL 13262; By-law 3166/23)
No building or structure shall be permitted unit such time as the holding suffix "-h" is
removed by By-law amendment. The removal of the "-h" shall only occur when the
following conditions are fulfilled to the satisfaction of the Town of Espanola:
(i)
Approval of a Site Plan to satisfy the Town of Espanola with respect to flood
proofing and erosion control, including provision of the minimum building
elevation;
(ii)
Filing of the Phase 2 Environmental Site Assessment (ESA) and Record of Site
Condition (RSC);
(iii)
The removal of an active Aggregate Resources Act (ARA license) on the abutting
lands held by the same owner; and
(iv)
Confirmed capacity of the linear infrastructure and lift stations that service the
proposed development, and that any upgrades be undertaken or agreements be
entered into to undertake such upgrades.
b)
Part of PCL 28269 SEC SWS; PT LT 9 CON 4 MERRITT PT 1-4, 53R10604 EXCEPT PARTS 3
& 4 53R17256 (By-law 3193/24)
No building or structure shall be permitted unit such time as the holding suffix "-h" is
removed by By-law amendment. The removal of the "-h" shall only occur when the
following conditions are fulfilled to the satisfaction of the Town of Espanola:
(i)
That full municipal services are available or are approved and under
construction to service the lands.
June 8, 2021, as Amended and
Consolidated to May 20, 2025
21-1
By-law No. 3022/21
SECTION 21 RU ZONE - RURAL
21.1
General
No person shall hereafter use any lands, nor erect, alter, enlarge, or use any building or
structure in the RU Zone (as shown on the attached Schedules) except in accordance with the
provisions of this Section and of other relevant Sections of this By-law.
21.2
Permitted Uses
o Agricultural uses;
o Agricultural-related uses;
o Cemeteries;
o Existing uses;
o Forestry and conservation uses;
o Golf courses;
o Private parks;
o Public parks;
o Public communications and transportation facilities;
o Recreational facilities;
o Seasonal dwellings;
o Utility;
o Veterinary establishments, kennels;
o Single detached dwellings;
o Additional residential units in accordance with Section 3.1.1; and
o Uses accessory to the foregoing.
21.3
Zone Requirements
Lot Area (minimum)
10,000 m2 (1.0ha)
Lot Frontage (minimum)
50 m
Yard Requirements (minimum)
All yards
15 m
Building Height (maximum)
10 m
Lot Coverage (maximum)
20%
Additional Residential Units per Lot (maximum)
1 in accordance with Section
3.1.1.
21.4
Additional Zone Requirements
a)
General Provisions
In accordance with the provisions of Section 3.
Town of Espanola Zoning By-law
SECTION 21
RU ZONE
June 8, 2021, as Amended and
Consolidated to May 20, 2025
21-2
By-law No. 3022/21
b)
Livestock
Livestock shall not be permitted on any lot less than 1.0 hectare in area. Structures
housing livestock and manure handling facilities are subject to Section 3.14.
c)
Site Plan Control
Where any proposed agricultural use abuts a residential zone or any property with a
primary residential use, it is subject to site plan control.
21.5
Special Exception Zones
a)
RU-1
Reserved.
b)
RU-2
Reserved.
c)
RU-3 (2244A Lee Valley Rd, Lot 11, Con. IV; By-law 2299/10)
Notwithstanding any other provisions of Section 21.3 to the contrary, on the land zoned
RU-3, the RU requirements shall apply in the case of the RU-3 zone except for the
following:
Lot Frontage (minimum)
0 m
d)
RU-4 (585 Old Webbwood Rd; MERRITT CON 6 LOT 10 PCL 27576 RP 53R-9424 PART 1; By-
law 2804/17)
Notwithstanding the provisions of Sections 3, 12, and 21.2 to the contrary, on the land
zoned RU-4, the RU requirements shall apply in the case of RU-4 and in addition to the
permitted uses, an automotive repair shop accessory to a residential dwelling shall be
permitted in the existing detached garage (30' x 30').
e)
RU-5 (MERRITT CON 4 PT LOT 11 RP 53R7980 PT PART 2 PCL 30908; By-law 3080/22)
Notwithstanding the provisions of Section 21, the area shown on Schedule 'A' to By-law
No. 3080/22 shall be zoned Rural Residential RR and subject to the provisions thereof.
21.6
Holding Zones
a)
RU-h (1653 Bass Lake Rd, Lot 11, Con. III, PCL 27422 RP 53R8041 Part 1)
No development for residential or other sensitive land uses shall be permitted until such
time as the holding suffix "-h" is removed by By-law amendment. The removal of the "-
Town of Espanola Zoning By-law
SECTION 21
RU ZONE
June 8, 2021, as Amended and
Consolidated to May 20, 2025
21-3
By-law No. 3022/21
h" shall only occur when the following conditions are fulfilled to the satisfaction of the
Town of Espanola:
(i)
That a Noise Assessment is done in accordance with the MECP requirements
that demonstrates no adverse impacts on the proposed sensitive use from the
adjacent landfill.
b)
RU-h (Old Webbwood Rd, Lot 12, Con. VI)
No development shall be permitted until such time as the holding suffix "-h" is removed
by By-law amendment. The removal of the "-h" shall only occur when the following
conditions are fulfilled to the satisfaction of the Town of Espanola:
(i)
That a soils study is done confirming the land is appropriate for the proposed
use.
June 8, 2021, as Amended and
Consolidated to May 20, 2025
22-1
By-law No. 3022/21
SECTION 22 W ZONE - WATERFRONT GENERAL
22.1
General
No person shall hereafter use any lands, nor erect, alter, enlarge, or use any building or
structure in the W Zone (as shown on the attached Schedules) except in accordance with the
provisions of this Section and of other relevant Sections of this By-law.
22.2
Permitted Uses
o Conservation uses;
o Existing uses;
o Private parks;
o Public parks; and
o Uses accessory to the foregoing.
22.3
Zone Requirements
Lot Area (minimum)
10,000 m2 (1.0 ha)
Lot Frontage (minimum)
50 m
Yard Requirements (minimum)
Front
30 m
All other yards
15 m
Building Height (maximum)
10 m
Lot Coverage (maximum)
20%
22.4
Additional Zone Requirements
a)
General Provisions
In accordance with the provisions of Section 3.
22.5
Special Exception Zones
Reserved.
June 8, 2021, as Amended and
Consolidated to May 20, 2025
23-1
By-law No. 3022/21
SECTION 23 WR ZONE - WATERFRONT RESIDENTIAL
23.1
General
No person shall hereafter use any lands, nor erect, alter, enlarge, or use any building or
structure in the WR Zone (as shown on the attached Schedules) except in accordance with the
provisions of this Section and of other relevant Sections of this By-law.
23.2
Permitted Uses
o Conservation uses;
o Existing uses;
o Private parks;
o Public parks;
o Seasonal dwellings;
o Single detached dwellings; and
o Uses accessory to the foregoing.
23.3
Zone Requirements
Lot Area (minimum)
10,000 m2 (1.0 ha)
Lot Frontage (minimum)
50 m
Yard Requirements (minimum)
Front
30 m
Exterior Side
7.0 m
Rear
7.0 m
Interior Side
3.0 m
Building Height (maximum)
10 m
Lot Coverage (maximum)
20%
23.4
Additional Zone Requirements
a)
General Provisions
In accordance with the provisions of Section 3.
b)
The main building and tile fields will be set back at least 30 m from the high water marks
of lakes and rivers.
c)
When replacing an existing main building and tile fields, a 30 m setback should be
maintained.
d)
All accessory buildings, gazebos, saunas, sleep camps, and decks will be set back at least
7 m from the high water mark. No plumbing or cooking facilities shall be permitted.
Town of Espanola Zoning By-law
SECTION 23
WR ZONE
June 8, 2021, as Amended and
Consolidated to May 20, 2025
23-2
By-law No. 3022/21
e)
Notwithstanding Section 23.4 d, a dock is permitted to be attached to the shoreline, in
accordance with the following provisions:
(i)
A minimum setback of 5 m to a side lot line is required; and
(ii)
A maximum of 6 sqm is permitted for the area of the dock attachment to the
shoreline.
f)
Natural vegetation within the 30 m setback shall be disturbed as little as possible,
consistent with passage, safety, and provision of views and ventilation. A cutting area 10
m wide may be made to afford a view from the dwelling to the water and to afford a
waterside activity area.
g)
The shoreline will not be altered, nor any fill added or removed within 30 m of the high
water mark.
h)
The WR zone on Clear Lake and Lake Apsey may require Site Plan Control.
23.5
Special Exception Zones
a)
WR-1 (Multiple locations around Clear Lake - small lots, former RE-1 zone)
Notwithstanding the provisions of Section 23.3 to the contrary, the following zone
requirements shall apply to the lands zoned WR-1:
Lot Area (minimum)
1,250 m2
Lot Frontage (minimum)
Front
21 m
Rear
15 m
Lot Depth (minimum)
50 m
Yard Requirements (minimum)
Rear
6.0 m
Dwelling Units per Lot (maximum)
1
b)
WR-2 (Multiple locations around Clear Lake - large lots)
Notwithstanding the provisions of Section 23.3 to the contrary, the following zone
requirements shall apply to the lands zoned WR-2:
Lot Area (minimum)
8,000 m2
Lot Frontage (minimum)
45 m
Lot Depth (minimum)
75 m
Yard Requirements (minimum)
Rear
10 m
Interior Side
7.0 m
Dwelling Units per Lot
1
Town of Espanola Zoning By-law
SECTION 23
WR ZONE
June 8, 2021, as Amended and
Consolidated to May 20, 2025
23-3
By-law No. 3022/21
c)
WR-3 (Multiple locations around Lake Apsey, formerly the SR zone from the Merritt
Township Zoning Order)
Notwithstanding the provisions of Section 23.3 to the contrary, the following zone
requirements shall apply to the lands zoned WR-3:
Lot Area (minimum)
2,500 m2
Lot Frontage (minimum)
Front
45 m
Rear
45 m
Yard Requirements (minimum)
Rear
7.5 m
Lot Coverage (maximum)
10%
Dwelling Units per Lot (maximum)
1
d)
WR-4 (2270A Bass Lake Rd, Lot 9, Con. I; By-law 2282/10)
Notwithstanding the provisions of Section 23.3 hereof to the contrary, the following
zone requirements shall apply to the lands zoned WR-4:
Lot Area (minimum)
2,000 m2
Yard Requirements (minimum)
Front
7.8 m
Rear
6.0 m
e)
WR-5 (Apsey Lake Rd; PCL 15592 SEC SWS Lot 6, Con. III)
Notwithstanding the provisions of Section 23.2 to the contrary, on the lands zoned WR-
5, permitted uses shall also include:
o
Storage; and
o
Warehousing
f)
WR-6 (1124 Kei Will Drive; Lot 4, Con VI, Merritt Twp; Pcl 17269 SWS; By-law 2857/18)
Notwithstanding the provisions of Sections 3.1 e) and 23.2 to the contrary, on the land
zoned WR-6, the WR requirements shall apply in the case of WR-6 and in addition to the
permitted uses, a dog kennel accessory to a single detached dwelling shall be permitted
in an accessory building.
Accessory Building / Garage / Dog Kennel
Height (maximum)
5.5 m (18 ft)
Setback from High Water Mark
(minimum)
57 m (186 ft)
Town of Espanola Zoning By-law
SECTION 23
WR ZONE
June 8, 2021, as Amended and
Consolidated to May 20, 2025
23-4
By-law No. 3022/21
g)
WR-7 (1174 Birch Lane; MERRITT C1 L3 PCL 31308 RP 53R-16826 PT 1; By-law 3127/23)
Notwithstanding the provisions of Sections 23, to the contrary, on the land zoned WR-7,
the following zone requirements shall apply:
Lot Area (minimum)
0.3 ha
Front Yard Requirement
(minimum from existing dwelling)
20 m
Rear Yard Requirement
6 m
The location of the existing tile field shall be permitted, subject to Public Health Sudbury
and Districts approval upon any repair or replacement.
h)
WR-8 (1174 Birch Lane; MERRITT C1 L3 PCL 31308 RP 53R-16826 PT 1; By-law 3127/23)
Notwithstanding the provisions of Sections 23, to the contrary, on the land zoned WR-8,
the following zone requirements shall apply:
Lot Area (minimum)
0.23 ha
Front Yard Requirement
(minimum from existing dwelling)
5.2 m
The location of the existing tile field shall be permitted, subject to Public Health Sudbury
and Districts approval upon any repair or replacement.
June 8, 2021, as Amended and
Consolidated to May 20, 2025
24-1
By-law No. 3022/21
SECTION 24 WT ZONE - WATERFRONT TOURIST COMMERCIAL
24.1
General
No person shall hereafter use any lands, nor erect, alter, enlarge, or use any building or
structure in the WT Zone (as shown on the attached Schedules) except in accordance with the
provisions of this Section and of other relevant Sections of this By-law.
24.2
Permitted Uses
o Hotels, including housekeeping cabins or cottages;
o Private parks;
o Private hunting, fishing, or summer camps;
o Public parks;
o One (1) accessory dwelling, either attached or detached, accessory to, and on the same lot
as a permitted use;
o Short term rentals; and
o Tourist lodges.
24.3
Zone Requirements
Lot Area (minimum)
10,000 m2 (1.0 ha)
Lot Frontage (minimum)
50 m
Yard Requirements (minimum)
Front
30 m
Exterior Side
10 m
Rear
9.0 m
Interior Side
10 m
Building Height (maximum)
12 m
Dwelling Units per Lot
1
24.4
Additional Zone Requirements
a)
General Provisions
In accordance with the provisions of Section 3.
b)
All buildings, structures, and tile fields will be set back at least 30 m from the high water
marks of lakes and rivers.
c)
When replacing existing buildings, structures, and tile fields, a 30 m setback should be
maintained.
d)
All accessory buildings, gazebos, saunas, and decks will be set back at least 7 m from the
high water mark. No plumbing or cooking facilities shall be permitted.
Town of Espanola Zoning By-law
SECTION 23
WR ZONE
June 8, 2021, as Amended and
Consolidated to May 20, 2025
24-2
By-law No. 3022/21
e)
Notwithstanding Section 23.4 d, a dock is permitted to be attached to the shoreline, in
accordance with the following provisions:
(i)
A minimum setback of 5m to a side lot line is required; and
(ii)
A maximum of 6 sqm is permitted for the area of the dock attachment to the
shoreline.
f)
Natural vegetation within the 30 m setback shall be disturbed as little as possible,
consistent with passage, safety, and provision of views and ventilation. A cutting area 10
m wide may be made to afford a view from the dwelling to the water and to afford a
waterside activity area.
g)
The shoreline will not be altered, nor any fill added or removed within 30 m of the high
water mark.
h)
The WT zone on Clear Lake and Lake Apsey may require Site Plan Control.
24.5
Special Exception Zones
Reserved.
June 8, 2021, as Amended and
Consolidated to May 20, 2025
25-1
By-law No. 3022/21
SECTION 25 OS1 ZONE - GENERAL OPEN SPACE
25.1
General
No person shall hereafter use any lands, nor erect, alter, enlarge, or use any building or
structure in the OS1 Zone (as shown on attached Schedules) except in accordance with the
provisions of this Section and of other relevant Sections of this By-law.
25.2
Permitted Uses
o Cemeteries;
o Conservation uses;
o Public parks;
o Recreational facilities; and
o Uses accessory to the foregoing.
25.3
Zone Requirements: buildings and active recreational facilities
Yard Requirements (minimum)
All yards
9.0 m
Lot Coverage (maximum)
10%
25.4
Additional Zone Requirements
a)
General Provisions
In accordance with the provisions of Section 3.
25.5
Special Exception Zones
Reserved.
June 8, 2021, as Amended and
Consolidated to May 20, 2025
26-1
By-law No. 3022/21
SECTION 26 OS2 ZONE - RESTRICTED OPEN SPACE
26.1
General
No person shall hereafter use any lands nor erect, alter, enlarge or use any building or structure
in the OS2 Zone (as shown on attached Schedules) except in accordance with the provisions of
this Section and of other relevant Sections of this By-law.
26.2
Permitted Uses
o OS 1 uses in accordance with the provisions thereof;
o Private parks;
o Golf courses;
o Uses accessory to a main Residential use located in an adjoining zone such as a detached
private garage, tool shed, patio, swimming pool, barbecue, or other similar accessory use;
and
o Uses accessory to a main Industrial or Commercial use located in an adjoining zone such as
parking areas, loading spaces, open storage, or other similar accessory use.
26.3
Zone Requirements
a)
Accessory Residential Uses
The provisions of Section 3 and the relevant provisions of the adjoining residential zone
(in which the main residential use is located) shall apply.
b)
Accessory Commercial or Industrial Uses
The provisions of Section 3 and the relevant provisions of the adjoining commercial or
industrial zone (in which the main commercial or industrial use is located) shall apply.
26.4
Additional Zone Requirements
a)
General Provisions
In accordance with the provisions of Section 3.
26.5
Special Exception Zones
Reserved.
June 8, 2021, as Amended and
Consolidated to May 20, 2025
27-1
By-law No. 3022/21
SECTION 27 WM ZONE - WASTE MANAGEMENT
27.1
General
No person shall hereafter use any lands nor erect, alter, enlarge, or use any building or structure
in the WM Zone (as shown on attached Schedules) except in accordance with the provisions of
this Section and of other relevant Sections of this By-law.
27.2
Permitted Uses
o Equipment storage buildings, related to another WM use;
o Landfill sites; and
o Uses accessory to the foregoing.
27.3
Zone Requirements
Lot Area (minimum)
30 ha
Lot Frontage (minimum)
500 m
Yard Requirements (minimum)
All yards
15 m
Lot Coverage (maximum)
10%
27.4
Additional Zone Requirements
a)
General Provisions
In accordance with the provisions of Section 3.
27.5
Special Exception Zones
Reserved.
June 8, 2021, as Amended and
Consolidated to May 20, 2025
28-1
By-law No. 3022/21
SECTION 28 EP ZONE - ENVIRONMENTAL PROTECTION (FLOOD PLAIN)
28.1
General
No person shall hereafter use any lands or any waterbodies nor erect, alter, enlarge, or use any
building or structure in the EP Zone (as shown on attached Schedules) except in accordance with
the provisions of this Section and of other relevant Sections of this By-law.
28.2
Permitted Uses
o Agricultural uses excluding buildings;
o Conservation uses excluding buildings;
o Golf courses excluding buildings;
o Open space uses; and
o Public parks.
28.3
Zone Requirements
a)
Any permitted building or structure shall receive the written approval of the MNRF and
the Town; and
b)
The placing of fill within the Environmental Protection (Flood Plain) Zone is prohibited
unless written approval is received from the MNRF.
28.4
Additional Zone Requirements.
a)
General Provisions
In accordance with the provisions of Section 3.
28.5
Special Exception Zones
Reserved.
June 8, 2021, as Amended and
Consolidated to May 20, 2025
29-1
By-law No. 3022/21
SECTION 29 NOTICE
This document does not include any amendments or schedules. For further information please contact
the municipal office at the following:
The Corporation of the Town of Espanola
100 Tudhope Street, Suite #2
Espanola, ON P5E 1S6
Telephone (705) 869-1540 Fax (705) 869-0083
www.town.espanola.on.ca