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S E C T I O N 26B - CMU2 ZONE
26B.1
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
SECTION 26B - CORE MIXED USE 2 (CMU2) ZONE
26B.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 Core
Mixed-Use 2 (CMU2) Zones.
26B.2 PERMITTED USES
Animal Hospital
Bake shops
Banks and Financial Institutions
Brewer's Retail Outlets
Business or Professional Offices
Building Supply and Sales
Candy Kitchen
Catering Establishment
Clinics
Commercial Schools
Custom Brokers
Custom Workshops
Day Nursery
Department Stores
Dry Cleaning Outlets
Eating Establishments
Fitness Centres
Garden Centres
Hotels
Laundries and Laundromats
LCBO Outlets
Motels
Personal Service Shops
Pharmacies
Places of Entertainment, Recreation or Assembly
Post Offices
Printing Establishments
Private parking lots
Private or Commercial Clubs
Public Libraries
Public Parking Garages
Public Parking Lots
Public Transportation depots including Bus Stations and Rail Stations
Religious, Fraternal or Public Institutions
Retail Stores
S E C T I O N 26B - CMU2 ZONE
26B.2
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
Service Shops
Short-Term Rental, Dedicated
Spa Services
Studios
Supermarkets
Taverns
Video Outlet Sales and Rental Establishments
Stand alone single detached dwelling units, and one accessory apartment
dwelling
Stand alone semi detached dwelling units, and one accessory apartment
dwelling
Home occupations
Dwelling Units
Uses, buildings and structures accessory to any permitted commercial use
or single detached or semi detached dwelling use.
26B.3 ZONE REGULATIONS FOR ALL OTHER USES
Minimum Lot Frontage
0m
Minimum Lot Area
0 sq. m.
Minimum Front Yard
0m
Minimum Interior Side Yard
0m, except the minimum side yard abutting
a residential zone shall be 2.5m
Minimum Exterior Side Yard
0m
Minimum Rear Yard
4.5m except the minimum rear yard abutting
a residential zone shall be 10m
Maximum Building Height
i) 3 storeys
ii) 12 m
Parking Exceptions
Commercial uses within the CMU2 Zone
shall be exempted from the parking and
loading requirements of this By-law with the
exception of buildings containing dwelling
units where the provisions of Subsection
26B.4 (iii) shall apply..
Parking Requirements for Properties with
Frontage on Ridgeway Road
See Section 6.20.
26B.4 REGULATIONS FOR DWELLING UNITS
(i)
The regulations of Section 12B.3 shall apply to single detached dwelling
units located on a separate lot.
(ii)
The regulations of Section 13.4 shall apply to semi detached dwelling units
located on a separate lot.
S E C T I O N 26B - CMU2 ZONE
26B.3
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
(iii)
All of the provisions of Subsection 18.3 shall apply to other dwelling units,
except that notwithstanding the regulations contained in Section 18.3 (c), a
minimum of one (1) parking space shall be provided for each dwelling unit
via one, or a combination of the following means:
a) On the same lot as the dwelling unit, or
b) In a dedicated area within a municipal parking lot through a licence
agreement or paid permitting system for a municipal parking lot that is
located within 200 m of the property containing the dwelling unit, or
c) In an area of a private parking lot that contains an easement in favour of
the owner of the dwelling unit that is located within 200 m of the property
containing
the
dwelling
unit.
(iv)
Notwithstanding the regulations in Section 11.3, 12B.3 or 13.4 the side yard
setback from a restaurant or tavern shall be a minimum of 3 m.
EXCEPTIONS TO THE CORE MIXED USE 2 (CMU2) ZONE
CMU2-155 (FORMERLY R2-155) (145-1996) Erie Road, south side, east of
Schooley Road
These lands are zoned "Core Mixed Use CMU2 -155 Zone" and all of the provisions that
relate to lands zoned "Core Mixed Use CMU2 Zone" by this by-law shall apply to those
lands zoned "Core Mixed Use CMU2-155 Zone" except that notwithstanding the
requirements of Subsection 26B.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 11.3, the 2 additional
cottages may be rebuilt in the locations shown as A and B on Schedule A to By-law
145-1996.
CMU2-241(H) (184-2001) 56 Belfast Road South
These lands are zoned "Core Mixed Use Holding 2 CMU2-241(H) Zone" and all of the
provisions that relate to lands zoned Core Mixed Use 2 CMU2 Zone by this by-law shall
apply to those lands zoned Core Mixed Use Holding 2 CMU2-241(H) Zone on Schedule
A. Once the Holding has been removed, after the Town has approved a Site Plan
Agreement these lands shall comply to all of the provisions that relate to lands zoned "
Core Mixed Use 2 CMU2 Zone " except:
(a)
Notwithstanding the provisions of Subsection 26B.2, the lands may also be used
for an apartment building containing not more than four (4) dwelling units subject
to the provisions in Subsection 15.3, and;
S E C T I O N 26B - CMU2 ZONE
26B.4
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
(b)
Notwithstanding the provisions of Subsection 15.3, the lot area, lot coverage,
landscaped area and yard setbacks for the building shall be as existing on the
day of passing of this zoning by-law.
CMU2-250 (FORMERLY R2-250) (143-2001) Lincoln Road East, south side, east of
Derby Road
These lands are zoned "Core Mixed Use CMU2 -250 Zone" and all of the provisions that
relate to lands zoned "Core Mixed Use CMU2 Zone" by this By-law shall apply to those
lands zoned "Core Mixed Use CMU2-250 Zone", except that notwithstanding the
provisions of Subsection 11.3(b) the subject parcel shall have a lot area of not less than
409 square metres
CMU2-261 (129-1990, 55-08) 381 Ridgeway Road (FORMERLY R2-261)
Nothing shall prevent the continued use of the lands indicated as Core Mixed Use CMU2 -
261 on Schedule "A" for the rental of holiday cottages and uses, buildings and structures
accessory thereto, and;
a)
That notwithstanding the requirements of Subsection 11.3, the minimum southerly
side yard setback shall not be less than 0.93 metres.
CMU2-272 (FORMERLY R2-272) (236-1991) Erie Road, south side, east of Schooley
Road
These lands referred to as Parts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 are zoned "Core Mixed
Use 2 CMU2-272 Zone" and all of the provisions that relate to lands zoned "Core Mixed
Use 2 CMU2 Zone" by this by-law shall apply to those lands zoned "Core Mixed Use 2
CMU2-272 Zone" except:
(a)
that notwithstanding the requirements of Subsection 11.3, the minimum lot frontage
for:
Part 1
shall not be less than 10.8 metres;
Part 6
shall not be less than 9.4 metres;
Part 7 & 9
shall not be less than 10.3 metres;
Part 8
shall not be less than 9.9 metres;
Part 10
shall not be less than 12.4 metres;
(b)
that notwithstanding the requirements of Subsection 11.3, the minimum lot area for:
Part 9
shall not be less than 299.4 sq. metres;
Part 10
shall not be less than 384.4 sq. metres
(c)
that notwithstanding the requirements of Subsection 11.3, the minimum side yard
on one side where no attached garage or attached carport is provided for:
Part 1 & 3
shall not be less than 2.1 metres;
Part 2
shall not be less than 2.4 metres;
Part 6
shall not be less than 1.8 metres;
(d)
that notwithstanding the requirements of Subsection 11.3, the minimum westerly
side yard setback for:
Part 7
shall not be less than .3 metres;
S E C T I O N 26B - CMU2 ZONE
26B.5
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
Part 8
shall not be less than 1.8 metres;
Part 9
shall not be less than .9 metres;
the minimum easterly side yard setback for
Part 7
shall not be less than .9 metres;
Part 8
shall not be less than .6 metres;
Part 9
shall not be less than 2.1 metres;
(e)
that notwithstanding the requirements of Subsection 11.3, the minimum rear yard
for:
Part 1
shall not be less than 5.5 metres;
Part 2
shall not be less than 3.2 metres;
Part 3
shall not be less than 2.7 metres;
Part 4
shall not be less than 3.5 metres;
Part 5
shall not be less than 5.7 metres;
Part 9
shall not be less than 6.7 metres;
Part 10
shall not be less than 5.1 metres;
Part 11
shall not be less than 2.74 metres;
(f)
that notwithstanding the requirements of Subsection 11.3, the minimum floor area
for a one storey dwelling for:
Part 1, 2, 3, 9 & 10
shall not be less than 62 square metres;
Part 6 & 7
shall not be less than 78 square metres;
(g)
that notwithstanding the requirements of Subsection 6.1 (b) for Parts 4 & 5, the
existing detached garage shall be permitted to remain in its existing location in the
front yard.
(h)
that notwithstanding the requirements of Subsection 6.5 for Part 9 & 10, these lots
shall not be required to have frontage on a public highway.
(i)
that notwithstanding the requirements of Subsection 5.151, the northerly lot line of
Parts 9 & 10 shall be deemed to be the front lot line.
CMU2-274 (FORMERLY C2A-274) (167-1992) 4002 Erie Road
Deleted by Amending By-law No. 127-2021.
CMU2-275 (FORMERLY C2-275) (129-1990) Erie Road (south side) west of Ridgeway
Road
In addition to the uses permitted in the CMU2 Zone, the lands indicated as CMU2-275 on
Schedule "A" may also be for apartment houses in accordance with the provisions of
Section 15 "RM2 Zone" of this By-law and in addition, the following special regulations
shall apply:
(a)
More than one apartment building shall be permitted on the same lot.
(b)
The total number of dwelling units of both properties situate on the east and west
side of Ridgeway Road shall not exceed 550.
(c)
Maximum building height shall not exceed 3 storeys.
CMU2-321(H) (FORMERLY C2A-321) (22-04) 4020 Erie Road @ Oxford Avenue
S E C T I O N 26B - CMU2 ZONE
26B.6
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
These lands are zoned Core Mixed Use Holding CMU2-321(H) Zone and all of the
provisions of By-law 129-90 as amended that relate to lands zoned Core Mixed Use
CMU2 Zone by this by-law shall apply to those lands zoned Core Mixed Use Holding
CMU2-321(H) Zone on Schedule A subject to the following special provisions.
a) That notwithstanding the requirements of subsection 26B.2 Permitted Uses the lands
shall be limited to a commercial parking lot and an accessory building.
b) That notwithstanding the requirements of subsection 6.20(I) no part of the parking area
other than the point of ingress/egress shall be located closer to any residential zone than
1.8 metres and to any street line closer than 1.0 metres.
c) That notwithstanding the requirements of subsection 6.20(J) and Schedule D parking
stall length shall not be less than 5.8 metres and parking aisle width shall not be less than
5.8 metres.
CMU2-325 (By-law 188-04, Holding Zone removed by By-law 176-06)
Cambridge Road East NS, east of Derby Road (FORMERLY RM1-325)
These lands are zoned Core Mixed Use Holding CMU2-325 Zone, and all of the
provisions of By-law 129-90 as amended that relate to lands zoned Core Mixed Use
Holding CMU2 Zone by this by-law shall apply to those lands zoned Core Mixed Use
Holding CMU2-325 Zone on the attached Schedule A subject to the following special
provisions:
a)
That notwithstanding the requirements of subsection 26B.2 Permitted Uses the
lands may also be used for street townhouses subject to the provisions in 14.3.
b)
Notwithstanding the requirements of Subsection 14.3 - Minimum Ground Floor
Area for Dwellings, the minimum ground floor area for two storey dwellings shall not
be less than 43 square metres, and;
c)
Notwithstanding the requirements of Subsection 14.3 - Maximum Density, the
maximum density shall not be more than 42.7 units per hectare.
d)
Notwithstanding the requirements of Subsection 14.3 - Minimum Front Yard shall
not be less than 6.0 metres.
CMU2-338 (FORMERLY R3-338)(107-05) 56-58 Queen's Circle
These lands are zoned "Core Mixed Use 2 CMU2-338 Zone" and all of the provisions of
By-law 129-90 as amended that relate to lands zoned "Core Mixed Use 2 CMU2 Zone"
by this by-law shall apply to those lands zoned "Core Mixed Use 2 CMU2-338 Zone" on
Schedule A, except:
S E C T I O N 26B - CMU2 ZONE
26B.7
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
(a)
that notwithstanding the requirements of Subsections 13.4, the following regulations
shall apply:
Minimum Exterior Side Yard
2.13 m
CMU2-388 (55-08) 385 Ridgeway Road (FORMERLY R2-388)
These lands are zoned Core Mixed Use 2 CMU2-388 Zone, and all of the provisions of
By-law 129-90 as amended that relate to lands zoned Core Mixed Use 2 CMU2 Zone by
this by-law shall apply to those lands zoned Core Mixed Use 2 CMU2-388 Zone on the
attached Schedule A except that the minimum northerly interior side yard shall not be
less than 0.50 metres.
CMU2-397 (FORMERLY C1-397) (141-08) 74 QUEEN'S CIRCLE
These lands are zoned Core Mixed Use 2 CMU2-397 Zone, and all of the provisions of
By-law 129-90 as amended that relate to lands zoned Core Mixed Use 2 CMU2 Zone by
this by-law shall apply to those lands zoned Core Mixed Use 2 CMU2-397 Zone on the
attached Schedule A subject to the following additional special provisions:
i)
A minimum easterly interior side yard setback shall not be less than 0.64 metres
ii)
A minimum rear yard setback shall not be less than 0.82 metres.
iii)
A minimum front yard setback shall not be less than 2.5 metres.
iv)
A minimum westerly exterior side yard setback shall not be less than 1.08 metres
v)
That in addition to the permitted uses set out in Subsection 26B.2, these lands
may also be used for an eating establishment and take-out restaurant.
vi)
That notwithstanding the requirements of Subsection 18.2 General Commercial
Provisions, one dwelling unit shall be permitted on the ground floor with a maximum
floor area of 176 square metres.
vii)
That notwithstanding the requirements of Subsection 6.20 (I) Parking Area Location
on the Lot, the parking area shall not be located closer than 0 metres to the
northerly property line and 1.1 metres to the easterly street line.
CMU2-463 (05-12) East side of Ridgeway Road, at Erie Road (South Coast Village
at Crystal Beach)
These lands are zoned Core Mixed-Use 2 CMU2 CMU2-463 Zone, and all of the
provisions of By-law No. 129-90 as amended that relate to lands zoned Core Mixed-Use 2
CMU2 Zone by this by-law shall apply to those lands zoned Core Mixed-Use 2 CMU2- 463
Zone on the attached Appendix 1 shall be subject to the following special provisions:
S E C T I O N 26B - CMU2 ZONE
26B.8
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
a) In addition to the Permitted Uses in Section 26B.2 the lands shown on
Appendix 1 shall permit single detached dwellings and uses, buildings and
structures accessory thereto subject to the regulations in Section 11.3 and
the following special provisions:
i. Minimum lot frontage -10 metres and 13 metres corner lot.
ii. Minimum lot area-290 sq.metres.
iii. Maximum lot coverage 50%.
iv. Minimum front yard 6.0 metres to the front face of the garage and 4.5
metres to the front face of the dwelling unit.
v. Minimum interior side yard setback-1.2 metres anything above one
storey.
vi. Minimum rear yard setback- 7.0 metres.
vii. Minimum floor area for dwellings-0 sq.metres.
CMU2-535(H)
(151-2015) South Coast Village Subdivision
These lands are zoned "Core Mixed Use 2 Holding (CMU2-535(H)) Zone", and all of the
provisions of By-law No. 129-90 as amended that relate to lands zoned "Core Mixed Use 2
(CMU2) Zone" by this by-law shall apply to those lands zoned "Core Mixed Use 2 Holding
(CMU2-535(H)) Zone" on the attached Appendix "1" and shall be subject to the following
special provisions:
a) Notwithstanding the Zone Regulations in Section 26B.4 i), single detached
dwellings shall be subject to the following special provisions:
i)
Minimum lot frontage - 10 metres, 13 metres for a corner lot
ii)
Minimum lot area-270 sq. metres
ii)
Maximum lot coverage -50%.
iii)
Minimum front yard setback-6.0 metres to the front face of garage
and 3.2 metres to front face of dwelling.
iv)
Minimum Interior side yard setback -1.2 metres for dwellings, 0.6
metres for accessory structures.
v)
Minimum Exterior side yard setback -1.5 metres.
vi)
Minimum floor area for dwelling - 0 sq. metres.
vii)
Minimum rear yard setback-5.2 metres.
viii)
Maximum Building Height- 2.5 storeys, 10.5 metres.
S E C T I O N 26B - CMU2 ZONE
26B.9
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
ix)
Unenclosed porches, decks, steps and risers with maximum height of
1.0 m:
a) Unenclosed porches may project a maximum of 2.0 m into the
required front yard
b) Unenclosed porches must be setback a minimum of 1.0 m from
the exterior side lot line
c) Steps/risers must be setback a minimum of 1.0 m from any lot line
d) Uncovered porches and decks with a maximum area of 20 sq m
may project 3.5 m into the required rear yard.
x)
Minimum Setback from Daylighting Triangle - 1.5 metres
CMU2-584 (71-2017) 3823 Terrace Lane
These lands are zoned "Core Mixed Use 2 (CMU2-584) Zone", and all of the provisions of
By-law No. 129-90 as amended that relate to lands zoned "Core Mixed Use 2 (CMU2)
Zone" by this by-law shall apply to those lands zoned "Core Mixed Use 2 (CMU2-584)
Zone" shown as Part 1 on the attached Appendix "1" and shall be subject to the following
provisions:
a)
Maximum height - 5 storeys, 20 metres.
b)
Minimum rear yard - 0 m.
c)
Minimum easterly interior side yard - 1.2 m.
d)
Minimum westerly interior side yard - 0 m.
e)
Notwithstanding the requirements of Section 18.2 (d), a minimum of
one parking space per dwelling unit may be provided in a dedicated
area in a municipal lot through a long-term lease agreement.
f)
Notwithstanding the requirements of Section 6.20 (D)(i), a parking
area may be located in the front yard, 0 m from the front lot line.
CMU2-626 (89-2018) East Side of Ridgeway Road, North of Graeber Avenue
These lands are zoned "Core Mixed Use 2 (CMU2-626) Zone", and all of the
provisions of By-law No. 129-90 as amended that relate to lands zoned "Core Mixed
Use 2 (CMU2) Zone" by this by-law shall apply to those lands zoned "Core Mixed Use
2 (CMU2-626) Zone" on the attached Appendix "1" shall be subject to the following
special provision:
a) Notwithstanding the "Regulations for Dwelling Units" in Section 26B.4, the
regulations of Section 12B.3 shall apply to single detached dwelling units
located on a separate lot
CMU2-636
(93-2019) 63 Belfast Road South
These lands are zoned "Core Mixed Use 2 (CMU2-636) Zone", and all of the
provisions of By-law No. 129-90 as amended that relate to lands zoned "Core Mixed
Use 2 (CMU2) Zone" by this by-law shall apply to those lands zoned "Core Mixed Use
2 (CMU2-636) Zone" and shall be subject to the following provisions:
S E C T I O N 26B - CMU2 ZONE
26B.10
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
a)
Notwithstanding the "Regulations for Dwelling Units" in Section 26B.4, all of the
regulations of Section 12B.3 shall apply to single detached dwelling units located
on a separate lot, except the following regulations:
i.
Maximum lot coverage (2 storey dwelling) - 46%
ii.
Minimum interior side yard setback - 1.2 m
iii.
Maximum height - 2 storeys, 7.6 m
b)
Notwithstanding the "Regulations Covered or Uncovered Porches, Balconies,
Decks and Patios" in Section 6.40, the minimum front yard setback to a covered
porch less than 1.5 m above grade shall be 2.0 m.
CMU2-644
(127-2019) 4130 Erie Road
These lands are zoned "Core Mixed Use 2 (CMU2-644) Zone", and all of the
provisions of By-law No. 129-90 as amended that relate to lands zoned "Core Mixed
Use 2 (CMU2) Zone" by this by-law shall apply to those lands zoned "Core Mixed Use
2 (CMU2-644) Zone" and shall be subject to the following provisions:
a)
Notwithstanding the provisions of "Section 6.50 (a) Outdoor Patios Associated
with Eating Establishments and/or Taverns," an outdoor patio used for the
purpose of providing entertainment or amusement is permitted within 22
metres of a Residential Zone.
b)
Notwithstanding the provisions of "Section 6.50 (a) Outdoor Patios Associated
with Eating Establishments and/or Taverns," no part of any outdoor patio shall
be used for the amplification of sound for entertainment or amusement created
by radio, television or any other musical or sound producing source of
whatever kind.
c)
Notwithstanding the provisions of "Section 6.50 (c) Outdoor Patios
Associated with Eating Establishments and/or Taverns, the maximum
seating capacity of the outdoor patio shall be 90 persons.
CMU2-693
(144-2021) - Erie Road-North Side-Between 3952 Erie Road (incl.) and
Oxford Avenue, up to Cambridge Road West /Park Place /Shannon Road South
These lands are zoned "Core Mixed Use (2-CMU2-693) Zone", and all of the provisions
that relate to lands zoned "Core Mixed Use 2 (CMU2) Zone" by this by-law shall apply to
those lands zoned "Core Mixed Use 2 (CMU2-693) Zone", subject to the following special
provisions:
a) Notwithstanding the list of Permitted Uses in Section 26B.2, these lands may
only be used for the following:
Animal Hospital
Bake shops
S E C T I O N 26B - CMU2 ZONE
26B.11
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
Banks and Financial Institutions
Brewer's Retail Outlets
Business or Professional Offices
Building Supply and Sales
Candy Kitchen
Catering Establishment
Clinics
Commercial Schools
Custom Brokers
Day Nursery
Dry Cleaning Outlets
Eating Establishments
Hotels
Laundries and Laundromats
LCBO Outlets
Personal Service Shops
Pharmacies
Places of Entertainment, Recreation or Assembly
Post Offices
Printing Establishments
Private parking lots
Private or Commercial Clubs
Public Libraries
Public Parking Garages
Public Parking Lots
Religious, Fraternal or Public Institutions
Retail Stores
Service Shops
Spa Services
Studios
Supermarkets
Taverns
Home occupations
Dwelling Units on floors above main floor
Uses, buildings and structures accessory to any permitted commercial use
b) Regulations as per Section 26B.3 except that:
i. minimum front yard - 1.0m
ii. minimum exterior side yard - 1.0m
iii. building height as per paragraph c) herein
iv. minimum interior side yard adjacent to a residential zone - 1.5m
c) Building Heights shall be regulated using a common point for reference in
measurement .Heights will vary based on distance from the common or
S E C T I O N 26B - CMU2 ZONE
26B.12
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
controlling reference point.(Refer to Schedule "F" of By-law 129-90 for general
illustration details)
Measured from the north limit of the Erie Road street allowance at property
line for a distance perpendicular of 31m
i. max.height-3storeys or 12m
ii. min. height - 2 storeys or 9m
iii. all other lands beyond 31m - maximum 2 storeys or 9m
iv. A fourth storey is permitted if the subject parcel or consolidation of
parcels are equal or greater that 2304m² and dimensioned at 48m wide
and 48m deep. Each individual site or collection of sites must be
reviewed independently and structured on the various properties
affected by the setback. The submission of an Urban Design study is
required.
d)
Notwithstanding requirements Section 6.21, a planting strip is not required
between residential and non-residential zones where privacy fencing of not
less than 1.8m is erected.
e)
Notwithstanding requirements of 6.20(I) to the contrary, ingress/egress,
driveway, drive aisle and parking spaces are permitted within 0.5m of a
residential zone
f)
Notwithstanding 18.3(a) to the contrary, new ground floor residential use
shall not be permitted.
g)
Notwithstanding the permitted uses of paragraph, a) herein, the lands
municipally known as 266 Cambridge Road West (aka Cambridge Lane) may
continue to be used for light manufacturing and assembly of rope, twine and
other similar products within a fully enclosed building."
CMU2-694
(144-2021) Erie Road - North Side - east of Town Parking Lot -
Between 3902 Erie Road (incl.) and 3916 Erie Road (incl.)
These lands are zoned "Core Mixed Use 2 (CMU2-694) Zone", and all of the provisions
that relate to lands zoned "Core Mixed Use 2 (CMU2) Zone" by this by-law shall apply to
those lands zoned "Core Mixed Use 2 (CMU2-694) Zone", subject to the following special
provisions:
a) Notwithstanding the list of Permitted Uses in Section 26B.2, these lands may
only be used for the following:
Animal Hospital
Bake shops
Banks and Financial Institutions
Brewer's Retail Outlets
S E C T I O N 26B - CMU2 ZONE
26B.13
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
Business or Professional Offices
Building Supply and Sales
Candy Kitchen
Catering Establishment
Clinics
Commercial Schools
Custom Brokers
Day Nursery
Dry Cleaning Outlets
Eating Establishments
Hotels
Laundries and Laundromats
LCBO Outlets
Personal Service Shops
Pharmacies
Places of Entertainment, Recreation or Assembly
Post Offices
Printing Establishments
Private parking lots
Private or Commercial Clubs
Public Libraries
Public Parking Garages
Public Parking Lots
Religious, Fraternal or Public Institutions
Retail Stores
Service Shops
Spa Services
Studios
Supermarkets
Taverns
Home occupations
Dwelling Units on floors above main floor
Uses, buildings and structures accessory to any permitted commercial use
b) Regulations as per Section 26B.3 except that:
i.
minimum front yard - 1.0m
ii.
minimum exterior side yard - 1.0m
iii.
building height as per paragraph c) herein
iv.
minimum interior side yard adjacent to a residential zone - 1.5m
c) Building Heights shall be regulated using a common point for reference in
measurement. Heights will vary based on distance from the common or
controlling reference point.(Refer to Schedule "F" of By-law 129-90 for general
illustration details)
S E C T I O N 26B - CMU2 ZONE
26B.14
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
Measured from the north limit of the Erie Road street allowance at property line
for a distance perpendicular of 24m
i.
maximum height - 3 storeys or 12m
ii.
minimum height - 2 storeys or 9m
iii.
all other lands beyond 24m - maximum 2 storeys or 9m
iv.
A fourth storey is permitted if the subject parcel or consolidation of parcels
are equal or greater that 2304m² and dimensioned at 48m wide and 48m
deep. Each individual site or collection of sites must be reviewed
independently and structured on the various properties affected by the
setback. The submission of an Urban Design study is required.
d) Notwithstanding requirements Section 6.21, a planting strip is not required
between residential and non-residential zones where privacy fencing of not less
than 1.8m is erected.
e) Notwithstanding requirements of 6.20(I) to the contrary, ingress/egress,
driveway, drive aisle and parking spaces are permitted within 0.5m of a
residential zone.
f) Notwithstanding 18.3(a) to the contrary, new ground floor residential use shall not
be permitted."
CMU2-695
(144-2021) Northwest corner of Erie Road and Belfast Road South-
3896 Erie Road
These lands are zoned "Core Mixed Use 2 (CMU2-695)Zone", and all of the provisions
that relate to lands zoned "Core Mixed Use 2 (CMU2) Zone" by this by-law shall apply to
those lands zoned "Core Mixed Use 2 (CMU2-695) Zone" ,subject to the following
special provisions:
a) Notwithstanding the list of Permitted Uses in Section 26B.2, these lands may
only be used for the following:
Animal Hospital
Bake shops
Banks and Financial Institutions
Brewer's Retail Outlets
Business or Professional Offices
Building Supply and Sales
Candy Kitchen
Catering Establishment
Clinics
Commercial Schools
Custom Brokers
Day Nursery
S E C T I O N 26B - CMU2 ZONE
26B.15
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
Dry Cleaning Outlets
Eating Establishments
Hotels
Laundries and Laundromats
LCBO Outlets
Personal Service Shops
Pharmacies
Places of Entertainment, Recreation or Assembly
Post Offices
Printing Establishments
Private parking lots
Private or Commercial Clubs
Public Libraries
Public Parking Garages
Public Parking Lots
Religious, Fraternal or Public Institutions
Retail Stores
Service Shops
Spa Services
Studios
Supermarkets
Taverns
Home occupations
Dwelling Units on floors above main floor
Uses, buildings and structures accessory to any permitted commercial use
b) Regulations as per Section 26B.3 except that:
v.
minimum front yard - 1.0m
vi.
minimum exterior side yard - 1.0m
vii.
building height as per paragraph c) herein
viii.
minimum interior side yard adjacent to a residential zone - 1.5m
c) Building Heights shall be regulated using a common point for reference in
measurement. Heights will vary based on distance from the common or
controlling reference point.(Refer to Schedule "F" of By-law 129-90 for general
illustration details)
Measured from the north limit of the Erie Road street allowance at property line
for a distance perpendicular of 24m
i.
maximum height - 3 storeys or 12m
ii.
minimum height - 2 storeys or 9m
iii.
all other lands beyond 24m - maximum 2 storeys or 9m
iv.
A fourth storey is permitted if the subject parcel or consolidation of parcels
are equal or greater that 2304m² and dimensioned at 48m wide and 48m
deep. Each individual site or collection of sites must be reviewed
S E C T I O N 26B - CMU2 ZONE
26B.16
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
independently and structured on the various properties affected by the
setback. The submission of an Urban Design study is required.
d) Notwithstanding requirements Section 6.21, a planting strip is not required
between residential and non-residential zones where privacy fencing of not less
than 1.8m is erected.
e) Notwithstanding requirements of 6.20(I) to the contrary, ingress/egress,
driveway, drive aisle and parking spaces are permitted within 0.5m of a
residential zone.
f) Notwithstanding 18.3(a) to the contrary, new ground floor residential use shall not
be permitted."
CMU2-696
(144-2021) West side of Ridgeway Road, just north of Erie Road-405
Ridgeway Road
These lands are zoned "Core Mixed Use 2 (CMU2-696) Zone", and all of the provisions
that relate to lands zoned "Core Mixed Use 2 (CMU2) Zone" by this by-law shall apply to
those lands zoned "Core Mixed Use 2(CMU2-696) Zone", subject to the following
special provisions:
a) Notwithstanding the list of Permitted Uses in Section 26B.2, these lands may
only be used for the following:
Animal Hospital
Bake shops
Banks and Financial Institutions
Brewer's Retail Outlets
Business or Professional Offices
Building Supply and Sales
Candy Kitchen
Catering Establishment
Clinics
Commercial Schools
Custom Brokers
Day Nursery
Dry Cleaning Outlets
Eating Establishments
Hotels
Laundries and Laundromats
LCBO Outlets
Personal Service Shops
Pharmacies
Places of Entertainment, Recreation or Assembly
S E C T I O N 26B - CMU2 ZONE
26B.17
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
Post Offices
Printing Establishments
Private parking lots
Private or Commercial Clubs
Public Libraries
Public Parking Garages
Public Parking Lots
Religious, Fraternal or Public Institutions
Retail Stores
Service Shops
Spa Services
Studios
Supermarkets
Taverns
Home occupations
Dwelling Units on floors above main floor
Uses, buildings and structures accessory to any permitted commercial use
b) Regulations as per Section 26B.3 except that:
i.
minimum front yard - 1.0m
ii.
minimum exterior side yard - 1.0m
iii.
building height as per paragraph c) herein
iv.
minimum interior side yard adjacent to a residential zone - 1.5m
c) Building Heights shall be regulated using a common point for reference in
measurement. Heights will vary based on distance from the common or
controlling reference point.(Refer to Schedule "F" of By-law 129-90 for general
illustration details)
Measured from the west limit of the Ridgeway Road street allowance at property
line for a distance perpendicular of 20m
i.
maximum height - 4 storeys or 16m
ii.
minimum height - 2 storeys or 9m
iii.
all other lands beyond 20m - maximum 2 storeys or 9m
d) Notwithstanding requirements Section 6.21, a planting strip is not required
between residential and non-residential zones where privacy fencing of not less
than 1.8m is erected.
e) Notwithstanding requirements of 6.20(I) to the contrary, ingress/egress,
driveway, drive aisle and parking spaces are permitted within 0.5m of a
residential zone.
f) Notwithstanding 18.3(a) to the contrary, new ground floor residential use shall not
be permitted."
S E C T I O N 26B - CMU2 ZONE
26B.18
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
CMU2-697
(144-2021)-Northwest corner of Erie Road and Ridgeway Road - 3878
Erie Road)
These lands are zoned "Core Mixed Use 2 (CMU2-697)Zone", and all of the provisions
that relate to lands zoned "Core Mixed Use 2 (CMU2) Zone" by this by-law shall apply to
those lands zoned "Core Mixed Use 2 (CMU2-697) Zone", subject to the following
special provisions:
a) Notwithstanding the list of Permitted Uses in Section 26B.2, these lands may
only be used for the following:
Animal Hospital
Bake shops
Banks and Financial Institutions
Brewer's Retail Outlets
Business or Professional Offices
Building Supply and Sales
Candy Kitchen
Catering Establishment
Clinics
Commercial Schools
Custom Brokers
Day Nursery
Dry Cleaning Outlets
Eating Establishments
Hotels
Laundries and Laundromats
LCBO Outlets
Personal Service Shops
Pharmacies
Places of Entertainment, Recreation or Assembly
Post Offices
Printing Establishments
Private parking lots
Private or Commercial Clubs
Public Libraries
Public Parking Garages
Public Parking Lots
Religious, Fraternal or Public Institutions
Retail Stores
Service Shops
Spa Services
Studios
Supermarkets
Taverns
S E C T I O N 26B - CMU2 ZONE
26B.19
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
Home occupations
Dwelling Units on floors above main floor
Uses, buildings and structures accessory to any permitted commercial use
b) Regulations as per Section 26B.3 except that:
i.
minimum front yard - 1.0m
ii.
minimum exterior side yard - 1.0m
iii.
building height as per paragraph c) herein
iv.
minimum interior side yard adjacent to a residential zone - 1.5m
c) Building Heights shall be regulated using a common point for reference in
measurement. Heights will vary based on distance from the common or
controlling reference point.(Refer to Schedule "F" of By-law 129-90 for general
illustration details)
Measured from the west limit of the Ridgeway Road street allowance at property
line for a distance perpendicular of 42m
i.
maximum height - 4.5 storeys or 19m
ii.
minimum height - 2 storeys or 9m
iii.
all other lands beyond 42m - maximum 3 storeys or 12m
d) Notwithstanding requirements Section 6.21, a planting strip is not required
between residential and non-residential zones where privacy fencing of not less
than 1.8m is erected.
e) Notwithstanding requirements of 6.20(I) to the contrary, ingress/egress,
driveway, drive aisle and parking spaces are permitted within 0.5m of a
residential zone.
f) Notwithstanding 18.3(a) to the contrary, new ground floor residential use shall not
be permitted."
CMU2-698
(144-2021)-Northeast corner of Ridgeway Road and Ryan Avenue -
412 Ridgeway Road
These lands are zoned "Core Mixed Use 2 (CMU2-697) Zone", and all of the provisions
that relate to lands zoned "Core Mixed Use 2 (CMU2) Zone" by this by-law shall apply to
those lands zoned "Core Mixed Use 2(CMU2-697) Zone", subject to the following
special provisions:
a) Notwithstanding the list of Permitted Uses in Section 26B.2, these lands may
only be used for the following:
Animal Hospital
Bake shops
Banks and Financial Institutions
S E C T I O N 26B - CMU2 ZONE
26B.20
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
Brewer's Retail Outlets
Business or Professional Offices
Building Supply and Sales
Candy Kitchen
Catering Establishment
Clinics
Commercial Schools
Custom Brokers
Day Nursery
Dry Cleaning Outlets
Eating Establishments
Hotels
Laundries and Laundromats
LCBO Outlets
Personal Service Shops
Pharmacies
Places of Entertainment, Recreation or Assembly
Post Offices
Printing Establishments
Private parking lots
Private or Commercial Clubs
Public Libraries
Public Parking Garages
Public Parking Lots
Religious, Fraternal or Public Institutions
Retail Stores
Service Shops
Spa Services
Studios
Supermarkets
Taverns
Home occupations
Dwelling Units
Uses, buildings and structures accessory to any permitted commercial use
b) Notwithstanding the "Zone Regulations" in Section 26B.3, the following special
provisions shall apply:
i.
minimum front yard setback - 1.0 m
ii.
minimum exterior side yard setback - 1.0 m
iii.
building height as per paragraph c) herein
iv.
minimum interior side yard setback adjacent to a residential zone - 1.5 m
c) Building Heights shall be regulated using a common point for reference in
measurement. Heights will vary based on distance from the common or
S E C T I O N 26B - CMU2 ZONE
26B.21
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
controlling reference point. (Refer to Schedule "F" of By-law 129-90 for general
illustration details)
Measured from the east limit of the Ridgeway Road street allowance at property
line for a distance perpendicular of 30m
i.
maximum height - 4.5 storeys or 19.0 m
ii.
minimum height - 2 storeys or 9.0 m
iii.
all other lands beyond 30m - maximum 3 storeys or 12.0 m
d) Notwithstanding requirements Section 6.21(a) and (b), where a lot is used for a
non-residential purpose or a residential development consisting of 3 or more
dwelling units, and the interior side or rear lot line or portion thereof abuts a
Residential zone, then a strip of land adjoining such abutting lot line, or portion
thereof, shall be used for no other purpose than a planting strip with a width of
1.19 m.
e) Notwithstanding requirements of Section 6.21(a), a planting strip is not required
between residential and non-residential zones where privacy fencing of not less
than 1.8m is erected.
f) Notwithstanding requirements of 6.20(I) to the contrary, no part of any
ingress/egress, driveway, drive aisle and parking space is permitted closer than
0.5m from a residential zone.
g) Notwithstanding requirements of 18.3(a) dwelling units are permitted to occupy a
maximum of 66% of the ground floor area of buildings.
h) Notwithstanding requirements of Section 18.3(e), a minimum area of 5.0 sq m
shall be provided by way of private open-air balcony space directly adjoining a
residential unit.
CMU2-699
(144-2021) Southeast corner of Ridgeway Road and Graeber Avenue -
404 Ridgeway Road
These lands are zoned "Core Mixed Use 2 (CMU2-699) Zone", and all of the provisions
that relate to lands zoned "Core Mixed Use 2 (CMU2) Zone" by this by-law shall apply to
those lands zoned "Core Mixed Use 2 (CMU2-699) Zone", subject to the following
special provisions:
a) Notwithstanding the list of Permitted Uses in Section 26B.2, these lands may
only be used for the following:
Animal Hospital
Bake shops
Banks and Financial Institutions
Brewer's Retail Outlets
S E C T I O N 26B - CMU2 ZONE
26B.22
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
Business or Professional Offices
Building Supply and Sales
Candy Kitchen
Catering Establishment
Clinics
Commercial Schools
Custom Brokers
Day Nursery
Dry Cleaning Outlets
Eating Establishments
Hotels
Laundries and Laundromats
LCBO Outlets
Personal Service Shops
Pharmacies
Places of Entertainment, Recreation or Assembly
Post Offices
Printing Establishments
Private parking lots
Private or Commercial Clubs
Public Libraries
Public Parking Garages
Public Parking Lots
Religious, Fraternal or Public Institutions
Retail Stores
Service Shops
Spa Services
Studios
Supermarkets
Taverns
Home occupations
Dwelling Units on floors above main floor
Uses, buildings and structures accessory to any permitted commercial use
b) Regulations as per Section 26B.3 except that:
i.
minimum front yard - 1.0m
ii.
minimum exterior side yard - 1.0m
iii.
building height as per paragraph c) herein
iv.
minimum interior side yard adjacent to a residential zone - 1.5m
c) Building Heights shall be regulated using a common point for reference in
measurement. Heights will vary based on distance from the common or
controlling reference point.(Refer to Schedule "F" of By-law 129-90 for general
illustration details)
S E C T I O N 26B - CMU2 ZONE
26B.23
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
Measured from the east limit of the Ridgeway Road street allowance at property
line for a distance perpendicular of 24.4m
i.
maximum height - 3 storeys or 12m
ii.
minimum height - 2 storeys or 9m
iii.
all other lands beyond 24.4m - maximum 2 storeys or 9m
d) Notwithstanding requirements Section 6.21, a planting strip is not required
between residential and non-residential zones where privacy fencing of not less
than 1.8m is erected.
e) Notwithstanding requirements of 6.20(I) to the contrary, ingress/egress,
driveway, drive aisle and parking spaces are permitted within 0.5m of a
residential zone.
f) Notwithstanding 18.3(a) to the contrary, new ground floor residential use shall not
be permitted."
CMU2-700
(144-2021) East side of Belfast Road South between Erie Road and
Cambridge Road East - 12, 16 & 18 Belfast Road South
These lands are zoned "Core Mixed Use 2 (CMU2-700) Zone", and all of the provisions
that relate to lands zoned "Core Mixed Use 2 (CMU2) Zone" by this by-law shall apply to
those lands zoned "Core Mixed Use 2 (CMU2-700) Zone", subject to the following
special provisions:
a) Notwithstanding the list of Permitted Uses in Section 26B.2, these lands may
only be used for the following:
Animal Hospital
Bake shops
Banks and Financial Institutions
Brewer's Retail Outlets
Business or Professional Offices
Building Supply and Sales
Candy Kitchen
Catering Establishment
Clinics
Commercial Schools
Custom Brokers
Day Nursery
Dry Cleaning Outlets
Eating Establishments
Hotels
Laundries and Laundromats
LCBO Outlets
Personal Service Shops
S E C T I O N 26B - CMU2 ZONE
26B.24
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
Pharmacies
Places of Entertainment, Recreation or Assembly
Post Offices
Printing Establishments
Private parking lots
Private or Commercial Clubs
Public Libraries
Public Parking Garages
Public Parking Lots
Religious, Fraternal or Public Institutions
Retail Stores
Service Shops
Spa Services
Studios
Supermarkets
Taverns
Home occupations
Dwelling Units on floors above main floor
Uses, buildings and structures accessory to any permitted commercial use
b) Regulations as per Section 26B.3 except that:
i.
minimum front yard - 1.0m
ii.
minimum exterior side yard - 1.0m
iii.
building height as per paragraph c) herein
iv.
minimum interior side yard adjacent to a residential zone - 1.5m
c) Building Heights shall be regulated using a common point for reference in
measurement. Heights will vary based on distance from the common or
controlling reference point.(Refer to Schedule "F" of By-law 129-90 for general
illustration details)
i.
maximum height - 3 storeys or 12m
ii.
minimum height - 2 storeys or 9m
d) Notwithstanding requirements Section 6.21, a planting strip is not required
between residential and non-residential zones where privacy fencing of not less
than 1.8m is erected.
e) Notwithstanding requirements of 6.20(I) to the contrary, ingress/egress,
driveway, drive aisle and parking spaces are permitted within 0.5m of a
residential zone.
f) Notwithstanding 18.3(a) to the contrary, new ground floor residential use shall not
be permitted."
S E C T I O N 26B - CMU2 ZONE
26B.25
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
CMU2-701
(144-2021) West side of Derby Road between Erie Road and Queens
Circle
These lands are zoned "Core Mixed Use 2 (CMU2-701) Zone", and all of the provisions
that relate to lands zoned "Core Mixed Use 2 (CMU2) Zone" by this by-law shall apply to
those lands zoned "Core Mixed Use 2 (CMU2-701) Zone", subject to the following
special provisions:
a) Notwithstanding the list of Permitted Uses in Section 26B.2, these lands may
only be used for the following:
Animal Hospital
Bake shops
Banks and Financial Institutions
Brewer's Retail Outlets
Business or Professional Offices
Building Supply and Sales
Candy Kitchen
Catering Establishment
Clinics
Commercial Schools
Custom Brokers
Day Nursery
Dry Cleaning Outlets
Eating Establishments
Hotels
Laundries and Laundromats
LCBO Outlets
Personal Service Shops
Pharmacies
Places of Entertainment, Recreation or Assembly
Post Offices
Printing Establishments
Private parking lots
Private or Commercial Clubs
Public Libraries
Public Parking Garages
Public Parking Lots
Religious, Fraternal or Public Institutions
Retail Stores
Service Shops
Spa Services
Studios
Supermarkets
Taverns
S E C T I O N 26B - CMU2 ZONE
26B.26
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
Home occupations
Dwelling Units on floors above main floor
Uses, buildings and structures accessory to any permitted commercial use
b) Regulations as per Section 26B.3 except that:
i.
minimum front yard - 1.0m
ii.
minimum exterior side yard - 1.0m
iii.
building height as per paragraph c) herein
iv.
minimum interior side yard adjacent to a residential zone - 1.5m
c) Building Heights shall be regulated using a common point for reference in
measurement. Heights will vary based on distance from the common or
controlling reference point.(Refer to Schedule "F" of By-law 129-90 for general
illustration details)
Measured from the west limit of Derby Road street allowance at property line for
a distance perpendicular of 24m
i.
maximum height - 3 storeys or 12m
ii.
minimum height - 2 storeys or 9m
iii.
all other lands beyond 24m - maximum 2 storeys or 9m
d) Notwithstanding requirements Section 6.21, a planting strip is not required
between residential and non-residential zones where privacy fencing of not less
than 1.8m is erected.
e) Notwithstanding requirements of 6.20(I) to the contrary, ingress/egress,
driveway, drive aisle and parking spaces are permitted within 0.5m of a
residential zone.
f) Notwithstanding 18.3(a) to the contrary, new ground floor residential use shall not
be permitted."
g) Notwithstanding the permitted uses of paragraph, a) herein, the lands municipally
known as 145 Lincoln Road West may continue to be used for light
manufacturing /prefabrication and assembly of building/home renovation related
materials for contactor use with materials storage fully contained within the
existing building."
CMU2-702
(144-2021) East side of Derby Road between Erie Road and Queens
Circle
These lands are zoned "Core Mixed Use 2 (CMU2-702) Zone", and all of the provisions
that relate to lands zoned "Core Mixed Use 2 (CMU2) Zone" by this by-law shall apply to
those lands zoned "Core Mixed Use 2(CMU2-702) Zone", subject to the following
special provisions:
S E C T I O N 26B - CMU2 ZONE
26B.27
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
a) Notwithstanding the list of Permitted Uses in Section 26B.2, these lands may
only be used for the following:
Animal Hospital
Bake shops
Banks and Financial Institutions
Brewer's Retail Outlets
Business or Professional Offices
Building Supply and Sales
Candy Kitchen
Catering Establishment
Clinics
Commercial Schools
Custom Brokers
Day Nursery
Dry Cleaning Outlets
Eating Establishments
Hotels
Laundries and Laundromats
LCBO Outlets
Personal Service Shops
Pharmacies
Places of Entertainment, Recreation or Assembly
Post Offices
Printing Establishments
Private parking lots
Private or Commercial Clubs
Public Libraries
Public Parking Garages
Public Parking Lots
Religious, Fraternal or Public Institutions
Retail Stores
Service Shops
Spa Services
Studios
Supermarkets
Taverns
Home occupations
Dwelling Units on floors above main floor
Uses, buildings and structures accessory to any permitted commercial use
b) Regulations as per Section 26B.3 except that:
i.
minimum front yard - 1.0m
ii.
minimum exterior side yard - 1.0m
S E C T I O N 26B - CMU2 ZONE
26B.28
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
iii.
building height as per paragraph c) herein
iv.
minimum interior side yard adjacent to a residential zone - 1.5m
c) Building Heights shall be regulated using a common point for reference in
measurement. Heights will vary based on distance from the common or
controlling reference point.(Refer to Schedule "F" of By-law 129-90 for general
illustration details)
Measured from the east limit of Derby Road street allowance at property line for
a distance perpendicular of 24m
i.
maximum height - 3 storeys or 12m
ii.
minimum height - 2 storeys or 9m
iii.
all other lands beyond 24m - maximum 2 storeys or 9m
CMU2-703
(144-2021) West end - Erie Road Corridor
These lands are zoned "Core Mixed Use 2 (CMU2-703) Zone", and all of the provisions
that relate to lands zoned "Core Mixed Use 2 (CMU2) Zone" by this by-law shall apply to
those lands zoned "Core Mixed Use 2(CMU2-703) Zone", subject to the following
special provisions:
a) Notwithstanding the list of Permitted Uses in Section 26B.2, these lands may
only be used for the following:
Bake shops
Brewer's Retail Outlets
Candy Kitchen
Day Nursery
Eating Establishments
Hotels
Laundries and Laundromats
LCBO Outlets
Personal Service Shops
Pharmacies
Places of Entertainment, Recreation or Assembly
Private parking lots
Private or Commercial Clubs
Public Parking Garages
Public Parking Lots
Retail Stores
Service Shops
Spa Services
Taverns
Home occupations
Dwelling Units on floors above main floor
S E C T I O N 26B - CMU2 ZONE
26B.29
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
Stand-alone commercial buildings
Uses, buildings and structures accessory to any permitted commercial use
b) Regulations as per Section 26B.3 except that:
i.
minimum front yard - 1.0m
ii.
minimum exterior side yard - 1.0m
iii.
building height - measured from the north limit of the Erie Road street
allowance at property line for a distance perpendicular of 31m (Refer to
Schedule "F" of By-law 129-90 for illustration details)
1) maximum height - 3 storeys or 12m
2) minimum height - 2 storeys or 9m - except standalone commercial
which shall permitted as 1 storey or 7.5 m
3) all other lands beyond 31m - maximum 2 storeys or 9m
iv.
minimum interior side yard adjacent to a residential zone - 1.5m
v.
A fourth storey is permitted if the subject parcel or consolidation of parcels
are equal or greater that 2304m² and dimensioned at 48m wide and 48m
deep. Each individual site or collection of sites must be reviewed
independently and structured on the various properties affected by the
setback. The submission of an Urban Design study is required.
c)
Notwithstanding requirements Section 6.21, a planting strip is not required
between residential and non-residential zones where privacy fencing of
not less than 1.8m is erected.
d)
Notwithstanding requirements of 6.20(I) to the contrary, ingress/egress,
driveway, drive aisle and parking spaces are permitted within 0.5m of a
residential zone.
e)
Notwithstanding 18.3(a) to the contrary, new ground floor residential use
shall not be permitted.
f)
Notwithstanding Section 6.50 a) and c), the property at 4130 Erie Road
shall be subject to the following additional regulations:
i.
an outdoor patio used for the purpose of providing entertainment or
amusement is permitted within 22 metres of a Residential Zone.
ii.
no part of any outdoor patio shall be used for the amplification of
sound for entertainment or amusement created by radio, television
or any other musical or sound producing source of whatever kind.
iii.
the maximum seating capacity of the outdoor patio shall be 90
persons."
S E C T I O N 26B - CMU2 ZONE
26B.30
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
CMU2-704
(144-2021) 4152 Erie Road
These lands are zoned "Core Mixed Use 2 (CMU2-704) Zone", and all of the provisions
that relate to lands zoned "Core Mixed Use 2 (CMU2) Zone" by this by-law shall apply to
those lands zoned "Core Mixed Use 2(CMU2-704) Zone", subject to the following
special provisions:
a) Notwithstanding the Zone Regulations in Section 26B.3, the mixed uses shall be
subject to the following provisions:
i.
Maximum lot coverage - No maximum
ii.
Minimum Yard
1. Where the yard abuts a Commercial Zone and access is available to
the rear yard by a public or private lane, minimum nil;
2. Where the yard abuts a Commercial Zone and no access is available
to the rear yard except by means of the side yard, one yard shall have
a minimum width of 4.0m, the other yard shall have a minimum width
of nil;
3. Where the yard abuts a street minimum 0.5 m; and
4. Where a yard abuts any residential zone minimum 7.5 m.
iii.
Minimum Rear Yard
1. Where the yard abuts a Commercial or Industrial Zone and access is
available to the rear of the building on the said lot by means of a public
or private lane, minimum nil.
Where the building contains residential accommodation of one or more
storeys in height, minimum 0.5m.
2. Where the yard abuts any Residential Zone, minimum 7.5m.
3. Where the yard abuts a street, minimum 0.5m.
iv.
Maximum Building Height - 4 storeys
v.
Minimum Landscaped Open Space-10%
vi.
Parking and Parking Garage
1. To be located and accessed behind the front face of the building (Erie
Road and Eastwood Avenue).
2. On and off-site parking permitted.
3. No parking required for commercial uses.
vii.
Minimum Setback for covered parking structure under occupied structure -
0.5m
viii.
Roof Pitch - 1 m in height to every 5m in depth.
ix.
Urban Design
1. Porches/Balconies to be provided on the front face of Erie Road.
2. An entry feature is required to the building. A main front door is
required along Erie Road.
3. Windows and doors must be arranged symmetrically along the front
façade.
S E C T I O N 26B - CMU2 ZONE
26B.31
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
4. The entry must be raised above grade.
5. Upper Level windows should be embedded in the roof slope in the
form of dormers.
b) Notwithstanding the General Commercial Zone Regulations in Section 18.2 (b)
and (f), the subject lands shall be subject to the following provisions:
b. Location-In the same building as the permitted commercial use(s) and in other
than the basement or cellar. Dwelling units shall be permitted to occupy a
maximum of 49% of the ground floor area of buildings, provided that no part of
such dwelling unit, except for the entranceway has frontage onto a public street.
f. Residential Open Space-A minimum of 3 sq. m. of open area by way of private
open-air balconies shall be provided on-site for the exclusive use of each
dwelling unit.
c) Notwithstanding the requirements of Subsection 6.20 D (i), ingress and egress,
to and from the required parking spaces and areas, shall be provided by means
of unobstructed driveways or passageways at least 3.0 m, where only one-way
traffic is permitted and have a minimum width of 6 m but not more than 12m in
perpendicular width where two-way traffic is permitted.
d) Notwithstanding the Permitted Uses in Section 26B.2, these lands may also be
used for apartment dwellings subject to the zone regulations in Section 15.3 and
shall be subject to the following provisions:
i.
Minimum Lot Area - 40 sq.m per unit
ii.
Minimum Lot Coverage - No maximum
iii.
Minimum Front Yard Setback - 0.5 m from Schooley Road
iv.
Minimum Side Yard Setback - 7.5 m from northerly residential zone
v.
Minimum Exterior Side Yard Setback - 0.5 m from Erie Road
vi.
Minimum Rear Yard - 0.5 m from Eastwood Avenue
vii.
Maximum Building Height - 4 storeys
viii.
Landscaped Area-For every lot on which the buildings or structures are
situated, there shall be provided and maintained on the lot at least 10
percent of the lot area as a landscaped area unused for access or
maneuvering space or parking space or any other purpose other than
landscaped area and playground
ix.
Roof Pitch - 1 m in height to every 5m in depth.
x.
Parking and Parking Garages
1. Parking on the lot permitted in side yard only behind the front face of
the building fronting onto Erie Road.
2. On and off-site parking permitted.
xi.
Minimum Setback for covered parking under occupied structure - 0.5 m
xii.
Urban Design
S E C T I O N 26B - CMU2 ZONE
26B.32
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
1. Porches/Balconies to be provided on the front face of Erie Road.
2. An entry feature is required to the building. A main front door is
required along Erie Road.
3. Windows and doors must be arranged symmetrically along the front
façade.
4. The entry must be raised above grade.
5. Upper Level windows should be embedded in the roof slope in the
form of dormers.
6.
e) Notwithstanding the Zone provisions in Section 15.4 (a) the Minimum Distance
between any abutting residential zone and driving lanes or parking areas, no
driving lane shall be closer than 1.5 metres to any lot line abutting any
Residential Zone.
f) Notwithstanding the Permitted Uses in Section 26B.2, these lands may also be
used for townhouse dwellings subject to the zone regulations in Section 14.3 and
the following provisions:
i.
Minimum Front Yard - 0.5 m from Schooley Road
ii.
Minimum Exterior Side Yard - 0.5 metres from Erie Road
iii.
Minimum Setback from Residential Zone - 3m
iv.
Minimum Rear Yard - 7.5 m for units fronting onto Eastwood Avenue and
0.5 m from Eastwood Avenue for units fronting onto Erie Road
v.
Maximum Building Height - 3 stories fronting onto Erie Road and 3 storeys
fronting onto Eastwood Avenue
vi.
Minimum Distance between buildings on same lot - 6m, except 3m
between end walls and 6m between an end wall and a rear wall
vii.
Maximum Density - 60 units/ha (viii) Maximum Lot Coverage - 70%
viii.
Minimum Landscaped Area - 5% for block townhouses and 30% for street
townhouses
ix.
Privacy Areas - Notwithstanding the yard requirements above, every
dwelling unit shall have at least one area which serves as a privacy area
adjacent to the dwelling unit, having a minimum depth of 3m or by way of
open-air balcony or patio.
x.
Parking and Parking Garage1. located behind the front face of the building
for units fronting onto Erie Road. 2. 6 m to the garage for lots fronting onto
Eastwood Avenue.
xi.
Minimum Setback covered parking under occupied structure - 0.5m
xii.
Roof Pitch - 1 m in height to every 5m in depth.
xiii.
Distance from building to internal driveways and parking areas-Any front or
rear face of any townhouse shall be no closer than 0m to an internal
driveway or parking area, and any side of any townhouse shall be no
closer than 0m to an internal driveway or parking area
xiv.
Planting strips - 0m
xv.
Urban Design
1. Porches/Balconies to be provided on the front face of Erie Road.
S E C T I O N 26B - CMU2 ZONE
26B.33
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
2. An entry feature is required to the building. A main front door is
required along Erie Road.
3. Windows and doors must be arranged symmetrically along the front
façade.
4. The entry must be raised above grade.
5. Upper Level windows should be embedded in the roof slope in the form
of dormers.
g) Notwithstanding the provisions in Section 6.40, the subject lands shall be subject
to the following special provisions:
Notwithstanding the yard provisions of this By-law to the contrary, porches,
balconies, and patios may project into required yards in residential zones as
follows:
Height of Platform
0 m to 0.5 m
Above
grade(uncovered)
Between
0.5
m
and
1.5
m
or
covered 0 m to 0.5
m above grade
Above1.5
m
above grade
Minimum setback
to exterior side lot
line
0 m
0 m
0 m
Minimum setback
to interior side lot
line
Required building setback
Minimum setback
to rear lot line
0 m
0 m
0 m
Minimum setback
to front lot line
0 m
0 m
0 m
CMU2-717 (127-2021) 4002 Erie Road
These lands are zoned "Core Mixed Use 2 (CMU2-717) Zone", and all of the provisions
that relate to lands zoned "Core Mixed Use (CMU2) Zone" by this by-law shall apply to
those lands zoned "Core Mixed Use 2 (CMU2-717) Zone", subject to the following
special provisions:
a) In addition to subsection 26B) the following additional use shall be permitted
subject to additional regulatory compliance and approval where required.
i) Microbrewery
b) Minimum Rear Yard 1.5 m
c) Maximum Building Height
i) 4 storey
ii) 15 m
S E C T I O N 26B - CMU2 ZONE
26B.34
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
d)
Notwithstanding the provisions of "Section 6.50 (a) Outdoor Patios associated
with Eating Establishments and/or Taverns", an outdoor patio used for the
purpose of providing entertainment or amusement is permitted within 40
metres of a Residential zone.
e)
Notwithstanding the provisions of "Section 6.50 (c) Outdoor Patios associated
with Eating Establishments and/or Taverns", the maximum seating capacity of
the outdoor patio shall be 75% of the seating capacity of the eating
establishment and/or tavern with which the patio is associated