Comprehensive Zoning By-law 129-90 - 16 WR - Waterfront Residential Zone

Fort Erie, Ontario · No. 129-90 · summary & facts

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S E C T I O N 16 - WR ZONE 16.1 TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90 OFFICE CONSOLIDATION SECTION 16 - WATERFRONT RESIDENTIAL (WR) ZONE 16.1 Subject to the General Provisions of Section 6 and all other applicable requirements of this By-law, the provisions of this section shall apply to all Waterfront Residential WR zones. 16.2 PERMITTED USES (a) One single detached dwelling and uses, buildings and structures accessory thereto. (b) Home occupations (c) Two (2) Accessory Dwelling Units, or one (1) Accessory Dwelling Unit and one (1) Detached Accessory Dwelling Unit as per the regulations of Subsection 6.43 (d) Short-Term Rental, Owner Occupied 16.3 REGULATIONS FOR DWELLINGS Minimum Lot Frontage 18m 20m for corner lot Minimum Lot Area 600 sq.m Maximum Lot Coverage 40 percent Minimum Front Yard 7.5 Minimum Interior Side Yard (i) 1.5m for a one-storey dwelling (ii) 2.0m for anything above a one- storey dwelling (iii) On an interior lot where no attached garage or carport is provided, the minimum side yard on one side shall be 3m Minimum Exterior Side Yard 3m, except that an attached garage or attached carport which faces the exterior side lot line shall be located no closer than 6m to the exterior side lot line. Minimum Rear Yard 10m Maximum Height i) 2.5 storeys ii) 9m S E C T I O N 16 - WR ZONE 16.2 TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90 OFFICE CONSOLIDATION 16.4 SUPPLEMENTARY USES FOR LOTS WEST OF KRAFT ROAD TO THE WESTERN BOUNDARY OF THE TOWN For lots zoned Waterfront Residential west of Kraft Road to the western boundary of the Town, the following additional uses are permitted: a) Short-Term Rental, Dedicated 16.5 REGULATIONS FOR ACCESSORY STRUCTURES ALONG LAKE ERIE a) Notwithstanding the provision of 6.1 (b) accessory structures along Lake Erie shall be permitted within the front yard subject to the following regulations: Minimum Front Yard 7.5 m Minimum Interior Side Yard 1.0m Minimum Exterior Side Yard 3m, except that an attached garage or attached carport which faces the exterior side lot line shall be located no closer than 6m to the exterior side lot line. 16.6 REGULATIONS FOR DETACHED ACCESSORY DWELLING UNITS ALONG LAKE ERIE a) Notwithstanding the provisions of Section 6.1 or Section 6.43 (f), a Detached Accessory Dwelling Unit may be permitted in the front yard in the Waterfront Residential (WR) Zone with a minimum front yard setback of 7.5 m. EXCEPTIONS TO THE WATERFRONT RESIDENTIAL (WR) ZONE WR-34 (129-1990) 657 Niagara River Parkway (FORMERLY R2-34) Nothing shall prevent the continued use of the lands indicated as WR-34 on Schedule "A" for a historical museum and uses, buildings and structures accessory thereto. WR-68 (129-1990) Edgemere Lane, south side, west of Kraft Road (FORMERLY R1- 68) Notwithstanding the provisions of the Waterfront Residential WR Zone, the use of the lands indicated as WR-68 on Schedule "A" shall comply with the following special regulations: (a) Minimum lot area 1200 sq.m. (b) Minimum floor area 185 sq.m. S E C T I O N 16 - WR ZONE 16.3 TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90 OFFICE CONSOLIDATION WR-139 (129-1995) Yacht Harbor Road, south side (FORMERLY R1-139) These lands are zoned "Waterfront Residential WR-139 Zone" and all of the provisions that relate to lands zoned "Waterfront Residential WR Zone" by that by-law shall apply to those lands zoned "Waterfront Residential WR-139 Zone" except: (a) that notwithstanding the requirements of Subsection 6.5, the lands shall not be required to have frontage on a public street, and; (b) that notwithstanding the requirements of Subsection 5.151, the front lot line shall be the lot line that divides the lot from the Private Lane. WR-143 (214-1995) 4217 Erie Road (FORMERLY R1-143) These lands are zoned "Waterfront Residential WR-143 Zone" and all of the provisions that relate to lands zoned "Waterfront Residential WR Zone" by that by-law shall apply to those lands zoned "Waterfront Residential WR-143 Zone" except: (a) that notwithstanding the requirements of Subsection 16.2 (a), two single detached dwellings and uses, buildings and structures accessory thereto shall be permitted on these lands. WR-147 (231-1995) Yacht Harbour Road, south side (FORMERLY R1-147) These lands are zoned "Waterfront Residential WR-147 Zone" and all of the provisions that relate to lands zoned "Waterfront Residential Zone" by this by-law shall apply to those lands zoned "Waterfront Residential WR-147 Zone" except: (a) that notwithstanding the requirements of Subsection 6.5 the lands shall not be required to have frontage on a public street, and; (b) that notwithstanding the requirements of Subsection 5.151, the front lot line shall be the lot line which divides the lot from the private lane. WR-155 (145-1996) Erie Road, south side, east of Schooley Road (FORMERLY R2- 155) These lands are zoned "Waterfront Residential WR-155 Zone" and all of the provisions that relate to lands zoned "Waterfront Residential WR Zone" by this by-law shall apply to those lands zoned "Waterfront Residential WR-155 Zone" except that notwithstanding the requirements of Subsection 16.2, this property may continue to be used for the 41 existing cottage dwellings and not more than 2 additional cottage dwellings may be erected on the subject property to replace those destroyed by fire prior to July 25th, 1983; and that notwithstanding the requirements of Subsection 16.3, the 2 additional cottages may be rebuilt in the locations shown as A and B on Schedule A to By-law 145-1996. WR-216 (214-1999) Lakecrest Court (FORMERLY R1-216) S E C T I O N 16 - WR ZONE 16.4 TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90 OFFICE CONSOLIDATION These lands are zoned "Waterfront Residential WR-216 Zone" and all of the provisions that relate to lands zoned "Waterfront Residential WR Zone" by this by-law shall apply to those lands zoned "Waterfront Residential WR-216 Zone" except: (a) That notwithstanding the requirements of section 16.3 the minimum lot frontage shall not be less than 11.7 metres and (b) That notwithstanding the requirements of Subsection 16.3 the minimum lot area shall not be less than .12 hectares, and (c) The minimum setback for all buildings and structures from the Lake Erie 100- year flood elevation of 177.2 metres G.S.C. shall not be less than 15 metres WR-218 (214-1999) Lakecrest Court (FORMERLY R1-218) These lands are zoned "Waterfront Residential WR-218 Zone" and all of the provisions that relate to lands zoned "Waterfront Residential WR Zone" by this by-law shall apply to those lands zoned "Waterfront Residential WR-218 Zone" except: (a) That notwithstanding the requirements of Subsection 16.3 the minimum lot frontage shall not be less than 24.5 metres and (b) That notwithstanding the requirements of Subsection 16.3 the minimum lot area shall not be less than .18 hectares (c) That the minimum setback for all buildings and structures from the Lake Erie 100 year floodline, elevation of 177.2 metres. GSC shall not be less than 15 metres. WR-227 (145-2000) North Shore Drive, west of Maple Leaf Avenue (FORMERLY R1-227) These lands are zoned "Waterfront Residential WR-227 Zone" and all of the provisions that relate to lands zoned "Waterfront Residential Zone" by this by-law shall apply to those lands zoned "Waterfront Residential WR-227 Zone" except: (a) that notwithstanding the requirements of Subsection 16.3, the minimum floor area shall not be less than 140 square metres; (b) That the minimum rear yard setback shall not be less than 10 metres except the minimum rear yard along Lake Erie shall be not less than 15 metres from the 100 year floodline of 177.2 metres referenced to in the Geodetic Survey of Canada Datum. WR-228 (155-2000) 4401A Erie Road These lands are zoned "Waterfront Residential WR-228 Zone" and all of the provisions that relate to lands zoned "Waterfront Residential WR Zone" by this by-law shall apply to those lands zoned " Waterfront Residential WR-228 Zone " except that notwithstanding the requirements of Subsection 16.3 the minimum lot frontage shall not be less than 3.05 metres. S E C T I O N 16 - WR ZONE 16.5 TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90 OFFICE CONSOLIDATION WR-377 (198-07, 103-07) 3817 TERRACE LANE (FORMERLY R3-377) These lands are zoned Waterfront Residential WR-377 Zone, and all of the provisions of By-law 129-90 as amended that relate to lands zoned Waterfront Residential WR Zone by this by-law shall apply to those lands zoned Waterfront Residential WR-377 Zone on the attached Schedule A subject to the following special provisions: a) A Minimum lot frontage of 6.18 metres. b) A Minimum lot area of 239.9 square metres. WR-475 (69-12) 0 LAKESHORE ROAD, SOUTH SIDE, EAST OF BARDOL AVENUE, WEST OF LILIAN PLACE (FORMERLY R1-475) These lands are zoned Waterfront Residential WR-475 Zone, and all of the provisions of By-law No. 129-90 as amended that relate to lands zoned Waterfront Residential (WR) Zone by this by-law shall apply to those lands zoned Waterfront Residential WR-475 Zone on the attached Appendix 1 subject to the following special provisions: a) Notwithstanding the requirements of Subsection 6.47 Yard Setbacks for Lots Abutting Lake Erie, the minimum setback of the single-family dwelling from the 1:100 year flood elevation as determined by the Niagara Peninsula Conservation Authority shall be not less than 15.1 metres. WR-502 (38-2014) 3017 Thunder Bay Road These lands are zoned "Waterfront Residential (WR-502) Zone", and all of the provisions of By-law No. 129-90 as amended that relate to lands zoned "Waterfront Residential (WR) Zone" by this by-law shall apply to those lands zoned "Waterfront Residential (WR-502) Zone" on the attached Appendix "1" shall be subject to the following special provisions: a) Notwithstanding the requirements of Subsection 6.47 Yard Setbacks for Lots Abutting Lake Erie, the minimum setback of the single detached dwelling from the 1:100-year flood elevation as determined by the Niagara Peninsula Conservation Authority shall be not less than 24.37 metres." WR-513 (20-2015) 873 Edgemere Road These lands are zoned "Waterfront Residential (WR-513) Zone", and all of the provisions of By-law No. 129-90 as amended that relate to lands zoned "Waterfront Residential (WR) Zone" by this by-law shall apply to those lands zoned "Waterfront Residential (WR-513) Zone" on the attached Appendix "1" shall be subject to the following special provisions: a) Notwithstanding the requirements of Subsection 6.47 Yard Setbacks for Lots Abutting Lake Erie, the minimum setback of the single detached dwelling from the 1:100-year flood elevation as determined by the Niagara Peninsula Conservation Authority shall be not less than 22.5 metres. S E C T I O N 16 - WR ZONE 16.6 TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90 OFFICE CONSOLIDATION b) Notwithstanding the requirements of Section 16.3 Regulations for Dwellings Along Lake Erie, the maximum height of the single detached dwelling shall be not more than 10.2 metres. WR-564 (81-2016) South Side of Lakeshore Road, East of Albert Street These lands are zoned "Waterfront Residential WR-564 Zone", and all of the provisions of By-law No. 129-90 as amended that relate to lands zoned "Waterfront Residential (WR) Zone" by this by-law shall apply to those lands zoned "Waterfront Residential WR-564 Zone" on the attached Appendix "1" and shall be subject to the following provisions: i) Minimum front yard - 10 metres ii) Minimum westerly interior side yard - 2 metres iii) Minimum easterly interior side yard - 15 metres iv) Minimum rear yard a. 3 metres from the easterly corner of the building b. 38 metres from the westerly corner of building Notwithstanding the requirements of Subsection 6.47 Yard Setbacks for Lots Abutting Lake Erie, the minimum setback of the single detached dwelling from the 1-in-100-year flood elevation as determined by the Niagara Peninsula Conservation Authority shall be not less than 3 metres. WR-715 (126-2021) 4197 Niagara River Parkway (Part 1) These lands are zoned "Waterfront Residential (WR-715) Zone" (Part 1), and all of the provisions that relate to lands zoned "Waterfront Residential (WR) Zone" by this by-law shall apply to those lands zoned "Waterfront Residential WR (WR-715) Zone", subject to the following special provision: a) Prohibited Uses Short-Term Rental is prohibited. For the purpose of this provision, "Short-Term Rental" shall mean "all or part of a dwelling unit, subject to licensing by the Town, to provide sleeping accommodation for any period of thirty (30) calendar days at a time or less in exchange for payment, but does not include any type of institutional dwelling, hotels, or other similar uses. WR-716 (126-2021) 4197 Niagara River Parkway (Part 2) These lands are zoned "Waterfront Residential WR (WR-716) Zone" (Part 2), and all of the provisions that relate to lands zoned "Waterfront Residential (WR) Zone" by this by- law shall apply to those lands zoned "Waterfront Residential WR (WR-716) Zone", subject to the following special provision: a) Minimum Front Yard 14 m b) Minimum Interior Side 3m (easterly and westerly) Yard c) Minimum Rear Yard 21 m S E C T I O N 16 - WR ZONE 16.7 TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90 OFFICE CONSOLIDATION d) Maximum Building Height i) 2 storeys ii) 9m e) Prohibited Uses Short-Term Rental is prohibited. For the purpose of this provision, "Short-Term Rental" shall mean "all or part of a dwelling unit, subject to licensing by the Town, to provide sleeping accommodation for any period of thirty (30) calendar days at a time or less in exchange for payment, but does not include any type of institutional dwelling, hotels, or other similar uses. f) Municipal Services Notwithstanding Subsection 6.16 a private water supply is permitted. WR-736 (146-2021) 0 North Shore Drive (Part 1) These lands are zoned "Waterfront Residential (WR-736) Zone" (Part 1), and all of the provisions that relate to lands zoned "Waterfront Residential (WR) Zone" by this by-law shall apply to those lands zoned "Waterfront Residential (WR-736) Zone", subject to the following special provisions: a) Minimum Lot Frontage - 12.48 m b) Minimum Front Yard Setback - 15.00 m c) Prohibited Uses Short-Term Rental is prohibited. For the purpose of this provision, "Short-Term Rental" means "all or part of a dwelling unit, subject to licencing by the Town, to provide sleeping accommodation for any period of thirty (30) calendar days at a time or less in exchange for payment, but does not include any type of institutional dwelling, hotels, or other similar uses. WR-737 (146-2021) 3399 North Shore Drive (Part 2) These lands are zoned "Waterfront Residential (WR-737) Zone" (Part 2), and all of the provisions that relate to lands zoned "Waterfront Residential (WR) Zone" by this by-law shall apply to those lands zoned "Waterfront Residential (WR-737) Zone", subject to the following special provisions: a) Notwithstanding the provisions of "Section 16.5 Regulations for Accessory Structures Along Lake Erie" the Minimum Front Yard of the existing accessory structure shall be 0.00 m. b) Notwithstanding the provisions of "Section 6.1 (a) Accessory Uses - General" the continued use of the existing accessory structure containing sleeping and eating accommodations and human habitation is permitted. c) Notwithstanding the provisions of "Section 6.1 (c) Accessory Uses - Maximum Height" the maximum height of the existing accessory structure shall be 2 storeys. d) Prohibited Uses Short-Term Rental is prohibited. For the purpose of this provision, "Short-Term Rental" means "all or part of a dwelling unit, subject to licencing by the Town, to provide sleeping accommodation for any period of thirty (30) S E C T I O N 16 - WR ZONE 16.8 TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90 OFFICE CONSOLIDATION calendar days at a time or less in exchange for payment, but does not include any type of institutional dwelling, hotels, or other similar uses. WR-738 (146-2021) 0 North Shore Drive (Part 3) These lands are zoned "Waterfront Residential (WR-738) Zone" (Part 3), and all of the provisions that relate to lands zoned "Waterfront Residential (WR) Zone" by this by-law shall apply to those lands zoned "Waterfront Residential (WR-738) Zone", subject to the following special provisions: a) Notwithstanding the provisions of "Section 6.1 (h) Accessory Uses - Main Use", the continued use of the existing pool and pool house shall be permitted prior to the construction of a main use for a period of one year from the date of final consent for Part 3. b) Prohibited Uses Short-Term Rental is prohibited. For the purpose of this provision, "Short-Term Rental" means "all or part of a dwelling unit, subject to licencing by the Town, to provide sleeping accommodation for any period of thirty (30) calendar days at a time or less in exchange for payment, but does not include any type of institutional dwelling, hotels, or other similar uses.