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SECTION 6 - GENERAL PROVISIONS
6.1
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
SECTION 6 - GENERAL PROVISIONS
6.1
ACCESSORY USES
(a) GENERAL
Where this By-law provides that a lot may be used or a building or
structure may
be erected or used for a purpose, that purpose shall include
any
accessory
building or structure or accessory use, but shall not include any building used for
sleeping or eating accommodations, human habitation except as otherwise
specifically permitted in this By-law or in Subsection 6.1 (c) below.
(b) Except as otherwise provided herein, in a Residential Zone any accessory building
or structure which is not part of the main building shall be erected in the rear yard or
interior side yard, and shall not be located closer to any rear lot line or side lot line
than 1.0m or closer to any street than the required yard therefrom for dwellings,
except that a detached garage or carport which faces the exterior side lot line shall
be located no closer than 6.0 m to the exterior side lot line. Eaves and gutters may
project a maximum of 0.25 m into the required yard except as otherwise provided
herein.
(c) Except as otherwise provided herein, in a Residential Zone an accessory building
may be used for or contain a maximum of one (1) Detached Accessory Dwelling
Unit on the same lot provided there are not more than two (2) dwelling units in the
main dwelling. If located in or added onto an accessory building that existed prior to
By-law 12-2024 being approved on January 29,2024 the Detached Accessory
Dwelling Unit is subject to the regulations of Subsection 6.1 (b), (d) and (e). If
located in a new accessory building the Detached Accessory Dwelling Unit is
subject to the regulations of Subsection 6.43 (g).
(d) MAXIMUM HEIGHT
Except as otherwise provided herein, a building or structure accessory to a
residential use shall not exceed 4.5m in height nor contain more than one storey,
except that such accessory buildings or structures covered by a flat roof shall not
exceed 3.7m in height nor contain more than one storey.
(e) LOT COVERAGE
The total lot coverage of all accessory buildings on a lot shall not exceed 10% of
the lot area, except as otherwise permitted in this By-law.
(f) UNDERGROUND PARKING
The yard requirements of this By-law shall not apply to underground parking
structures.
(g) DELETED
SECTION 6 - GENERAL PROVISIONS
6.2
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
(h) SATELLITE DISH ANTENNA
Satellite dish antenna shall be subject to the accessory building provisions of this
By-law except:
(i)
satellite dish antenna shall only be permitted in the rear yard in any
zone or any rear yard or interior side yard in a Commercial Zone or
Industrial Zone beyond the minimum requirements for any such yard.
(ii)
satellite dish antenna shall be permitted on the roof of a principle
structure in any commercial zone or industrial zone.
(i) MAIN USE
No accessory structure shall be constructed prior to the construction of the main
building or use.
6.2
COURTS AND YARDS
(a)
WIDTH OF COURTS
The least horizontal dimension of any court shall not be less than the height
of the highest building abutting such court.
(b)
BUILDING ADDITIONS
Where the erection of one or more additional storeys is proposed on a
building and where the existing court or yard areas appurtenant to such
building would not conform to the requirements of this By-law subsequent to
such erection, no such erection shall be permitted except where:
(i)
the addition is located so as to comply with the requirements of this
By-law with respect to courts and yards at the level of the base of
such addition; and
(ii)
the addition complies in all other respects with the provisions of this
By-law.
6.3
DWELLING UNITS
(a)
LOCATION WITHIN NON-RESIDENTIAL BUILDING
Where a dwelling unit is located within or attached to a non-residential
building, such building and dwelling unit shall comply with the yard
provisions of this By-law which apply to the said non-residential building,
provided that any wall containing a window of a habitable room, where such
room does not have any other window or windows in any other walls having
a total glazed area of at least 10% of the floor are of the said room, shall be
SECTION 6 - GENERAL PROVISIONS
6.3
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
located not less than 2.5 m from any side lot line.
6.4
EXTERNAL DESIGN
The following building materials shall not be used for the exterior vertical facing on
any wall of any building or structure within the Corporation:
(a)
building paper, tar paper or equivalent weather protection paper; or
(b)
asphalt roll-type siding.
All plans and specifications for all buildings and structures shall be approved in
accordance with The Ontario Building Code Act, 1992.
6.5
FRONTAGE ON PUBLIC STREETS AND PRIVATE STREETS
(a)
No person shall erect any building or structure in any zone unless the lot
upon which such building or structure is to be erected fronts entirely upon an
improved public street, or entirely upon an improved private street only in
accordance with Sections 6.5 (b) and (c).
(b)
For the purpose of this subsection an "improved public street" means a
street which has been constructed according to Municipal standards and is
maintained by the Town so as to permit its use year-round by normal
vehicular traffic. An "improved private street" means a private lane or right-
of-way which has been constructed to the satisfaction of the municipality to
permit its use year-round by normal vehicular traffic.
(c)
Nothing in this By-law shall prevent the erection of, restoration of, or addition
to a dwelling or accessory building or structure upon a "lot of record" which is
accessed via a private street, subject to the provisions of the zone in which
the lot is located.
(i) For the purposes of this subsection, a "lot of record" means a lot as
defined in Section 5.194 of this Zoning By-law, and which "lot of
record" has been created prior to passage of this Zoning By-law.
(ii) For the purposes of this By-law, the front lot line shall be deemed to
be the lot line which divides the lot from the private street and all
other lot lines shall correspond thereto. In the case of a corner lot,
the lot line with the shortest frontage on a private street shall be
deemed to be the front lot line, and the longest frontage shall be
deemed to be the exterior side lot line.
SECTION 6 - GENERAL PROVISIONS
6.4
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
6.6
GROUP HOMES
(a)
Only group homes licensed by the Ministry of Community and Social
Services in the following categories shall be permitted:
Satellite Residence for Seniors
Accommodation Services for the Developmentally Handicapped
Children's Residences
Homes for Special Care
Supportive Housing Programs, Adult Community Mental Health Programs
Homes for Physically Disabled Adults provided the province licences, funds,
or approves a group home program for physically disabled adults
Approved Homes
(b)
A group home shall have a maximum of eight residents excluding staff or
receiving family in a single detached dwelling, semi-detached dwelling,
street townhouse dwelling, block townhouse dwelling or apartment dwelling.
6.7
HEIGHT EXCEPTIONS
Nothing in this By-law shall apply to restrict the height of the following structure in
any zone within which the structures are permitted.
(a)
an antenna;
(b)
a barn;
(c)
a belfry;
(d)
a chimney;
(e)
a church spire;
(f)
a clock tower;
(g)
an elevator or stairway penthouse;
(h)
a flag pole;
(i)
a hydro-electric transmission tower;
(j)
an ornamental structure;
(k)
a radio antenna;
(l)
a silo;
(m)
a steeple;
(n)
a structure containing heating, cooling, or other mechanized equipment
pertaining to a building;
(o)
a tower;
(p)
a water tower;
(q)
a windmill
provided that no such structure, other than a public use occupies in excess of 5% of
the lot area of the lot where such structure is located, or where such structure is
located on the roof of the building, shall exceed 10% of the building area. Building
SECTION 6 - GENERAL PROVISIONS
6.5
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
area is the greatest horizontal area of a building within the outside surface of
exterior walls.
6.8
HOME OCCUPATIONS
No home occupation shall be permitted in any zone unless such home
occupation complies with the following provisions:
(a) DWELLING UNIT
(i)
Except as provided in Subsection 6.8(i), the home occupation shall be
permitted in any dwelling, within any zone that includes a dwelling as a
permitted use.
(ii)
Home occupations shall be clearly incidental and secondary to the main
residential use and shall not change the residential character of the
dwelling.
(iii) The total floor area occupied by one or more home occupations shall
not exceed 25% of the aggregate area of the dwelling and accessory
structures or 40 square metres, whichever is less, except this restriction
shall not apply to "day nurseries" or "bed and breakfast establishments"
as defined herein.
(iv) Any number of home occupations may be permitted within a dwelling
unit provided the cumulative maximum gross floor area does not exceed
the requirements of Section 6.8 (a) (iii).
(v) Home occupations shall be operated by the occupant(s) of the dwelling
and may employ a maximum of one (1) employee that does not reside
in the dwelling.
(vi) The home occupation shall not create electronic interference, dust,
noise, odour, smoke or anything of an offensive or objectionable nature,
which is detectable to normal sensory perception outside the building
containing the use.
(b) ACCESSORY STRUCTURES
(i) Home occupations may be permitted within accessory structures provided
that they are conducted wholly within the enclosed structure and the
aggregate area occupied by the home occupation within the dwelling and
accessory structures combined does not exceed the requirements of
Section 6.8 (a) (iii).
(c) ADVERTISING AND SIGNAGE
SECTION 6 - GENERAL PROVISIONS
6.6
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
(i) Only one (1) non-illuminated sign having a maximum gross area of 0.3
square metres shall be permitted on the property to advertise the home
occupation. The sign shall not be located within a daylighting triangle and
shall not be closer than 1 metre to a property line.
(ii) There shall be no external display or advertising other than a sign that
meets the requirements of Section 6.8 (c) (i), to indicate to persons
outside that any part of the dwelling and/or accessory structure is being
used for a purpose other than residential.
(d) OUTSIDE DISPLAY AND SALE OF GOODS AND MATERIALS
(i) There shall be no outside display or sale of goods and materials.
(ii) Notwithstanding Section 6.8 (d) (i), the retail sale of plant material grown
on site shall be permitted as a home occupation within any yard, subject
to the following:
Structures used for the sale of plant material grown on site
shall be temporary. For the purposes of this subsection,
"temporary" shall mean the structure is removed from the yard
and stored within an enclosed structure or off-site each day;
The total area of the site used for the outside sale and display
of plant material grown on site shall not exceed 6 square
metres; and
The outside sale and display of plant material grown on site
shall not be permitted closer than 3 metres to any property
line.
(e) PARKING
(i) One (1) off-street parking space shall be provided on the lot occupied by
the home occupation in addition to the minimum parking required for the
dwelling unit.
(ii) Where a non-resident employee, partner or associate is affiliated with the
home occupation, two (2) off-street parking spaces shall be provided on
the lot occupied by the dwelling in addition to the minimum parking
required for the dwelling.
(iii) All required parking for home occupations shall be provided on a parking
area.
SECTION 6 - GENERAL PROVISIONS
6.7
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
(iv) Where a home occupation is located within a dwelling which does not
have an individual driveway providing access to said dwelling or is within
an apartment dwelling, the home occupation shall be limited to one (1)
office only, no non-resident employee, partner or associate or client shall
be permitted, and, notwithstanding Section 6.8 (a) (iii), the floor area of the
home occupation shall not exceed 10 square metres.
(f) PERMITTED AND PROHIBITED USES
(i) No manufacturing activity involving the processing of raw or semi-
processed materials shall be carried out in conjunction with a home
occupation except for the fabrication of handmade goods or crafts.
(ii) Facilities associated with a personal service shop conducted as a
home occupation shall be limited to accommodate a maximum of two
customers at any given time.
(iii)
Retail sales shall be limited to items that are prepared within the area
associated with the home occupation or which are accessory to the
home occupation and shall not occupy more than 10 square metres.
(iv)
A repair service shall be limited to the repair of personal effects and
small household appliances such as electronic equipment, bicycles,
apparel, furniture, toys and sporting goods. The repair of household
appliances
and
equipment
that
have
oil
and
grease-filled
transmissions such as lawn care equipment, other power equipment,
major appliances and vehicles is prohibited.
(v) The home occupation shall not involve the use of the lot or dwelling as
a base for persons who are non-resident employees, partners or
associates of the home occupation but work off-site, nor shall the lot or
dwelling be used for the assembly of persons who require
transportation to a work site.
(vi)
The home occupation shall not involve the shipping or receiving of
goods or materials by commercial motor vehicles other than
automobiles or delivery vans used by courier services.
(vii)
In the conduct of a home occupation, no mechanical equipment,
except that ordinarily used for household tasks or recreational
hobbies, shall be used. No mechanical equipment associated with the
home occupation shall be operated in any yard.
(viii)
The following uses are prohibited as home occupations:
- Adult entertainment establishments
SECTION 6 - GENERAL PROVISIONS
6.8
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
- Amusement machine establishment
- Animal hospital
- Automotive use
- Construction trades establishment
- Dry cleaning outlet
- Dry cleaning plant
- Funeral home or parlour
- Industrial uses
- Hairdresser or barber with three or more chairs
- Laundry or laundromats
- Kennels
- Pet day care establishment
- Restaurants
- Taverns
- Veterinary clinic
- Wholesale
(ix)
Notwithstanding anything else in this by-law to the contrary, "in-home
pet boarding" shall be permitted as a home occupation.
(g) STORAGE
(i) No part of any lot in which a home occupation is situated shall be used as
an open storage area.
(ii) Storage for the home occupation may be provided within accessory
structures provided that the aggregate area of the storage area within the
accessory structure and home occupation do not exceed the maximum
area specified in Section 6.8 (a) (iii).
(h) SITE PLAN CONTROL
(i) Where new development for a home occupation is proposed, the Town
may impose site plan control in accordance with By-law 143-03, as
amended or replaced, at the discretion of the Director of Community and
Development Services.
(j) BED & BREAKFAST ESTABLISHMENTS
A Bed & Breakfast Establishment is permitted as a home occupation subject
to the following additional requirements:
(i) The Bed & Breakfast Establishment may be operated in a single
detached dwelling only which does not contain an accessory apartment
dwelling, or another home occupation and the owner/leasee/proprietor
is a permanent resident.
SECTION 6 - GENERAL PROVISIONS
6.9
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
(ii) In addition to the required parking for the residential dwelling, one (1)
parking space shall be provided on site for each guest room proposed
for the Bed & Breakfast Establishment and such parking shall be
allowed to be provided on site in a tandem parking space.
Notwithstanding any requirements of this subsection, Bed & Breakfast
Establishments located along Niagara Boulevard shall also comply with
the requirements of the Niagara Parks Commission.
(iii) One (1) sign having a maximum area of 0.3 square metres shall be
permitted on the property to advertise the Bed & Breakfast
Establishment. The sign shall not be located within a daylighting
triangle and shall not be closer than 1 metre to a property line.
(iv) No meals shall be served to guests other than breakfast.
(v) Not more than three (3) guest rooms shall be available for hire.
(vi) Bed & Breakfast Establishments shall also be permitted as a home
occupation in an existing single detached dwelling located in a
"General Commercial C2 Zone", "Central Business District Commercial
C2A Zone", "Highway Commercial C3 Zone", "Core Mixed Use 2
CMU2 Zone" "Recreational Commercial C5 Zone" and a "Rural
Commercial C7 Zone".
6.9
DELETED BY BY-LAW 123-03
6.10
LANES AS YARDS (Deleted by By-law 128-2018)
6.11
LIGHTING
(a)
LIGHTING
Lighting fixtures designed to provide exterior illumination on any lot shall be
installed with the light directed or deflected away from adjacent lots and
streets and in such a manner as to not confuse persons driving vehicles on
such streets.
6.12
LOADING SPACE REGULATIONS
(a)
LOADING SPACE REQUIREMENTS
The owner or occupant of any lot, building or structure used or erected for
any purpose involving the receiving, shipping, loading or unloading of
animals, goods, wares, merchandise or raw materials, other than a farm,
shall provide and maintain, on the same lot, facilities comprising one or more
SECTION 6 - GENERAL PROVISIONS
6.10
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
loading spaces in accordance with the provisions of the following
requirements:
Type of use
Total Gross Floor Area of
Building and Structure
Minimum Number of
Loading Spaces
Commercial
Less than 929 sq. m
Over 929 sq. m
None
1 loading space
Industrial
Less than 1,400 sq. m
Over 1,400 sq. m
None
1 loading space
(b)
CALCULATION OF LOADING SPACE REQUIREMENTS
When a part of a loading space is required in accordance with this By-law,
such part shall be considered 1 loading space for the purpose of calculating
total loading space requirements.
(c)
DIMENSIONS OF LOADING SPACES
A loading space required hereby shall have minimum dimensions of 3.5 m
by 9 m and a minimum vertical clearance of 4 m.
(d)
LOCATION OF LOADING SPACES
The required loading spaces shall be provided on the same lot occupied by
the building or structure for which the said loading spaces are required and
shall not form a part of any street or lane.
(e)
YARDS WHERE PERMITTED
Loading spaces shall be permitted in any yard other than a required front
yard or a required exterior side yard, provided that:
(i)
no part of any loading space shall be located between the street line
and the main wall of the building; and
(ii)
no part of any loading space shall be located closer than 1 m to any
interior side lot line or rear lot line.
(iii)
no part of any loading space shall be located closer than 4.5m to any
residential zone nor any property containing a residential dwelling.
(f)
ACCESS TO LOADING SPACES
Access to loading spaces shall be by means of an unobstructed driveway at
least 3.5 m in width in Commercial Zones and at least 6.0 m wide in
SECTION 6 - GENERAL PROVISIONS
6.11
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
Industrial Zones and contained within the lot on which the loading spaces
are located and leading to either an improved street or lane not less than 7.5
m in width.
(g)
ADDITION TO EXISTING USE
When a building or structure has insufficient loading spaces on the date of
passing of this By-law to comply with the requirements herein, this By-law
shall not be interpreted to require that the deficiency be made up prior to the
construction of any addition provided, however, that any additional loading
spaces required by this By-law for such addition are provided in accordance
with all provisions hereof respecting loading spaces.
(h)
LOADING SPACE SURFACE
The driveways, loading and unloading spaces shall be maintained with a
stable surface which is treated so as to prevent the raising of dust or loose
particles, the details of which are being regulated through Site Plan Control.
6.13
LOT REQUIREMENTS
(a)
DWELLINGS
A legal single detached dwelling, semi-detached dwelling, street townhouse
dwelling and block townhouse dwelling may have up to two (2) Accessory
Dwelling Units that are added onto or contained within the main dwelling.
One Detached Accessory Dwelling Unit may be permitted in an accessory
building on the same lot provided the main dwelling does not exceed more
than one (1) Accessory Dwelling Unit.
(b)
OTHER USES
Except as otherwise provided in this By-law, no building or structure shall be
erected, altered, extended or enlarged except upon a lot, nor shall any land
be used for any permitted use unless it comprises a lot; but this provision
shall not prevent the use of any parcel or tract of land for agricultural
purposes excluding the erection or enlargement of any building or structure
except a fence.
6.14
LOT AREA/FRONTAGE REDUCTION
(a)
PROHIBITION
No person shall reduce the lot area, or make any changes in the dimensions
of a lot as required by this By-law by the conveyance or alienation of any
SECTION 6 - GENERAL PROVISIONS
6.12
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
portion thereof or otherwise, except at the discretion of the Town of Fort Erie
Committee of Adjustment or except by a conveyance in accordance with
Clause (b) of this subsection, so that any building or structure on such lot
shall have a lot coverage that exceeds, or a front yard depth, side yard
depth, rear yard depth, lot frontage, lot area or lot depth that is less than that
permitted by this By-law.
(b)
LOTS REDUCED BY PUBLIC ACQUISITIONS
Where the area of a lot is reduced by means of an acquisition of part of the
lot by a public agency for the purpose of providing a public service, and
where such acquisition causes the lot to be reduced, or any building or
structure
existing lawfully on the lot on the date of such acquisition to have a lot area,
lot frontage, lot depth, lot coverage, front yard depth, side yard depth or rear
yard depth that does not conform to the requirements hereof for the zone in
which such lot is located, then the lot as reduced shall continue to be used
as if no such acquisition had taken place, provided that:
(i)
no change is made in the dimensions or area of the lot as reduced,
subsequent to the date of such acquisition, that would increase the
extent of the said non-conformity; and
(ii)
no building, structure or addition is erected on the lot as reduced,
subsequent to the date of such acquisition, except in accordance with
all of the provisions hereof for the zone in which such lot is located.
6.15
LOTS WITH MORE THAN ONE USE OR ZONE
(a)
MORE THAN ONE USE:
(i)
Where a lot contains more than one permitted use defined separately
herein, other than an accessory use, each such use shall conform to
the provisions of this By-law which are applicable to such use in the
Zone in which the said lot is located as if such use existed
independently of any other use.
(ii)
Where standards or provisions pertaining to 2 or more uses on one
lot are in conflict, the highest or most restrictive standards or
provisions shall prevail.
(b)
MORE THAN ONE ZONE
Except as otherwise provided in Paragraph (ii) of this Clause, where a lot is
SECTION 6 - GENERAL PROVISIONS
6.13
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
divided into two or more zones, each such portion of the said lot shall be
considered separately and shall be used in accordance with the regulations of
this By-law which are applicable to the zone wherein such portion of the said lot
is located.
(i) Where this By-law provides that a lot may be used or a building or
structure may be erected or used for a purpose, that purpose shall
include any accessory building or structure or accessory use but shall not
include any building used for sleeping or eating accommodations human
habitation except as in this By-law is specifically permitted.
(ii) Except as otherwise provided in Paragraphs (i) and (ii) of this Clause,
where a lot is divided into two or more zones, and one of those zones is
an Environmental Protection (EP) Zone, the regulations of this By-law
shall not apply to required setbacks from the Environmental Protection
(EP) Zone or to restrict building coverage to be calculated based on such
portion exclusive of the Environmental Protection (EP) Zone.
(iii)
Notwithstanding anything to the contrary in Paragraph (i) of this
Clause, where the use of a lot divided into 2 or more zones are permitted
in all such zones, the said lot shall be considered to be a single lot as
defined herein and the highest or most restrictive zone requirements
pertaining to such use or uses in all the said zones shall apply throughout
the said lot.
6.16
MUNICIPAL SERVICES
No person shall, within any Residential Zone, except as provided for in the Rural
Residential (RR) Zone or Waterfront Rural Residential (WRR) Zone, erect, alter or
use any building or structure unless such lot is serviced by a public water supply
and sanitary sewer system.
6.17
NEW DEVELOPMENT IN OR ADJACENT TO AN AGRICULTURAL (A) ZONE,
RURAL (RU) ZONE OR RURAL RESIDENTIAL (RR) ZONE
A.
Notwithstanding any other yard or setback provisions of this By-law to the contrary,
no residential, institutional, commercial, industrial or recreational use, located on a
separate lot and permitted by this By-law, shall be erected or altered after the date
of passage of this By-law, unless it complies with the Minimum Distance Separation
(MDS 1) calculated using Schedule "C" to this By-law or the most up-to-date
software authorized for use by the Ontario Ministry of Agriculture, Food and Rural
Affairs.
B.
Notwithstanding any other yard or setback provisions of this By-law to the contrary,
no livestock facility shall be erected or expanded unless it complies with the
Minimum Distance Separation (MDS II) calculated using Schedule "C" to this By-
law or the most up-to-date software authorized for use by the Ontario Ministry of
SECTION 6 - GENERAL PROVISIONS
6.14
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
Agriculture, Food and Rural Affairs.
6.18
NON-CONFORMING USES, BUILDINGS, STRUCTURES AND LOTS
(a)
DISCONTINUATION OF USE
Where a use, building or structure which was established prior to the date of
the passing of this By-law has been used for a purpose not permitted in the
zone in which it is situated but said use has been discontinued for a period
of twelve consecutive months or longer, the said building or structure may
only be used again for a use that conforms to this By-law.
(b)
REPAIR TO A SAFE CONDITION
Nothing in this By-law shall prevent the repair to a safe condition of an
existing building or structure, even though such building or structure or the
lot on which such building or structure is located does not conform to one or
more of the provisions of this By-law, provided that the dimensions of the
original building or structure are not increased, the use thereof is not altered
and the yards appurtenant thereto are not reduced except in accordance
with the provisions of this By-law.
(c)
CHANGE OF USE
A use of a lot, building or structure which under the provisions hereof is not
permissible within the zone in which such lot, building or structure is located
shall not be changed except to a use which is so permissible within such
zone.
(d)
EXTENSIONS PERMITTED
Notwithstanding the provisions of this By-law where a building erected prior
to the date of passing of the By-law has less than any or all of the yard
requirements established herein, such buildings may be enlarged, and as
enlarged, may be used for any of the purposes permitted in which the lot is
located and the walls of the building as it presently exists, shall be deemed
to have established the minimum front yard, side yard, flanking yard, and
rear yard requirements provided however that all other applicable provisions
of this By-law shall be complied with, and that no extensions or additions will
be permitted in a Hazard Zone.
(e)
LOT AREA AND/OR FRONTAGE LESS THAN REQUIRED
Where a lot having a lesser lot area or lot frontage than that required herein
(i)
is the same as in a deed registered on or prior to the date of passing
SECTION 6 - GENERAL PROVISIONS
6.15
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
of this By-law; or
(ii)
is a consolidation of adjacent lots described in deeds registered on or
prior to the date of passing of this by-law, or
(iii)
was subject to a consent approved prior to the date of passing of this
By-law, and was subsequently conveyed or is the remnant part of
such a lot after such a conveyance and thereafter continuously held
in distinct and separate ownership from abutting registered lot; or
(iv)
is a whole lot located within a registered plan of subdivision; and
such parcel complies with relevant regulations made under The
Environmental Protection Act, R.S.O. 1990 and all relevant requirements of
the Ontario Building Code, and has a minimum lot frontage of 12m;
then the said lot shall be deemed to conform to the requirements of this By-
law with respect to lot area and lot frontage, and the provisions hereof
respecting lot area and lot frontage shall not apply to prevent the use of such
lot, or the erection, alteration or use of a permitted building or structure
thereupon, in accordance with all other provisions hereof.
6.19
OUTSIDE DISPLAY AND SALE OF GOODS AND MATERIALS
No outside display and sale of goods and materials, including vehicles, shall be
permitted on any lot in any zone, except in accordance with the following
provisions:
(i)
Outside display and sale shall be accessory to a permitted or existing
commercial use carried on in an enclosed building or portion thereof on the
same lot.
(ii)
No parking spaces required by this By-law shall be used for outside display
and sale purposes.
(iii)
Notwithstanding any other provision of this By-law to the contrary, any area used
for outside display and sale shall be located not closer than 3 m to any lot
line.
6.20
PARKING AREA REGULATIONS
A. Every building or structure erected, enlarged or used in accordance with the
provisions of this By-law, shall:
(i)
be provided with the required number of parking spaces specified
hereunder;
SECTION 6 - GENERAL PROVISIONS
6.16
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
(ii)
except that this provision shall not apply within the "Central Business
District Commercial (C2A) Zone", "Core Mixed Use 2 (CMU2) Zone",
"Core Mixed Use 4 (CMU4) Zone", "Core Mixed Use 5 (CMU5) Zone"
or "Core Mixed Use 6 (CMU6) Zone" as designated on Schedule "A"
attached hereto or shall be exempt from the provision of parking
spaces in accordance with an agreement with Council pursuant to
Section 39 of The Planning Act, S.O. 1990;
(ii)
DELETED BY BY-LAW 130-11
TYPE OF USE
MINIMUM PARKING REQUIREMENT
RESIDENTIAL USES
Residential (other than listed herein)
1 parking space per dwelling unit
Apartment Buildings
1.5 parking spaces per dwelling unit
Block Townhouse Dwellings
1.5 parking spaces per main dwelling unit.
1 parking space per Accessory Dwelling
Units/Detached Accessory Dwelling Unit.
Assisted Living House and
Homes for the Aged
0.5 parking space per resident
COMMERCIAL USES
Hotels and Motels
1 parking space per guest room, plus
parking for any on-site restaurant or
tavern provided in accordance with
regulations in this By-law
Bingo Hall
1 parking space per 1.5 sq. m. of floor
area devoted to public use
Tavern
1 parking space for every 3.0 sq. m. of
gross floor area
Eating Establishment - Take-out or Drive-
In
1 parking space for every 30 sq. m.
devoted to public use
Eating Establishment - Eat-in
1 parking space per 4 persons seating
capacity
Offices and Public Buildings
1 parking space for every 28 sq.m. of
gross floor area
Bowling Alley
3 parking spaces for every bowling lane
Curling Rink
4 parking spaces for every curling sheet
SECTION 6 - GENERAL PROVISIONS
6.17
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
COMMERCIAL USES
Retail
Store,
Shop
or
Workshop
(excluding furniture stores and factory
outlets)
1 parking space for every 30 sq.m. of
gross floor area
Furniture
Store,
Factory
Outlet,
Warehouse Showroom
1 Parking space for every 100 sq.m. of
gross floor area
Shopping Centre
1 parking space for every 20 sq.m. of
gross floor area
Automobile Service Station
1 parking space for every 50 sq.m. of
gross floor area
Other Commercial Uses
1 parking space for every 30 sq.m. of
gross floor area
Marina
1 parking space for every 2 slips
Customs Broker
1 parking space for every 20 sq.m. of
gross floor area with a minimum of 3
parking spaces
Gaming Premises
4 parking spaces per game table (By-law
235-1993)
Short-Term Rental
One (1) parking space for three (3) or
more bedrooms in addition to the required
parking for the dwelling unit. Tandem
parking is permitted.
Supermarket
1 parking space for every 20 sq. m. of
gross floor area
Farm Winery
1 per employee, plus 1 per every 20 sq.m
of gross floor area
Gaming Facility
1.25 parking spaces per gaming position
PUBLIC AND INSTITUTIONAL USES
Hospitals and Nursing Homes
1 parking space for every 2 beds
Assembly
Hall,
Community
Centre,
Theatre, Auditorium, Place of Worship
The greater of:
a)
1 parking space per 5 fixed seats or
fraction thereof; or
b)
1 parking space for every 5 persons
maximum design capacity; or
c)
1 parking space per 15 sq. m of
SECTION 6 - GENERAL PROVISIONS
6.18
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
PUBLIC AND INSTITUTIONAL USES
gross floor area.
School, Elementary
1.5 parking spaces per classroom and 1
space for every 9 sq. m of floor area for any
gymnasium or auditorium.
School, Secondary
The greater of:
a)
1 parking space per 5 classroom
seats; or
b)
1 parking space per 15 sq. m of floor
area in the gymnasium; or
c)
1 parking space per 15 sq. m of floor
area in the auditorium.
Undertaking Establishment
1 parking space per 5 persons seating
capacity in a chapel or auditorium or a
minimum of 10 parking spaces per visitation
room.
Day Care Centre
4 parking spaces for every 100 sq. m. of
gross floor area
INDUSTRIAL USES
Industrial Establishment
1 parking space for every 180 sq. m. of
gross floor area or every 2 employees,
whichever is the greater.
B. CALCULATION OF PARKING REQUIREMENTS
(i) Where a part of a parking space is required in accordance with this By-law
for the use listed in Subsection 6.20 (A) of this Subsection, such part shall
be considered 1 parking space for the purpose of calculating the total
parking requirement for the said use.
(ii) Where a building, structure or lot accommodates more than one type of use
as set out in Subsection 6.20 (A) of this Subsection, the total parking space
requirements for such building, structure or lot shall be the sum of the
requirements for the separate uses thereof, except that in the case of a
shopping centre, the uses of which have not been clearly determined at the
time of construction, the parking space requirement for shopping centre shall
SECTION 6 - GENERAL PROVISIONS
6.19
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
apply.
(iii) Parking spaces required in accordance with this By-law shall not include any
parking spaces used or intended to be used primarily for the storage or
parking of vehicles for hire and gain, display or sale.
(iv) Where the number of parking spaces required in accordance with Clause
(C) of this Subsection is based upon the seating or other capacity of a
building or structure, such capacity shall be deemed to be the same as the
maximum capacity for such building or structure permitted by The Ontario
Building Code, or where applicable, The Liquor Licensing Board of Ontario,
whichever capacity is the lesser, except that where seating is provided in the
form of fixed benches or pews, 0.6 m of each such bench or pew shall be
considered as equally one seat.
(v) Shared use of the same off-street parking spaces to meet the requirements
of a gaming premises and other uses may be permitted, where the normal
peak hours of operation of such uses are such as to assure the feasibility of
such joint use of parking, and where the total quantity of spaces provided is
at least equal to the total of the projected parking demand for uses in
operation at any given time. (BY-LAW 235-93).
C. 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, the details of which being regulated
through Site Plan Control provided that:
(i)
in the case of a dwelling containing 4 or more dwelling units, such
parking area and driveway shall be paved with an asphaltic or
concrete surface, or such other hard surface as may be acceptable to
the Town and be bounded by poured concrete curbs.
(ii)
in the case of Prestige Industrial and Commercial Zones, all required
parking areas and loading areas and their approaches shall have a
cement or asphaltic binder or other permanent type of surfacing and
bounded by poured concrete curbs.
(iii)
in the case of Dry Industrial and Industrial zones all parking areas
and loading areas and their approaches shall be in accordance with
Section 6.12 (h).
D. INGRESS AND EGRESS
SECTION 6 - GENERAL PROVISIONS
6.20
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
(i)
Requirements by Zone
1. In Commercial and Industrial Zones, 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 7.5 m but not more than 12m in perpendicular
width where two-way traffic is permitted.
2. In C2A, CMU2 and CMU4 Zones an access drive width of 3
meters to a rear parking lot that has 5 or less spaces, a 4.5
meter access drive width where 10 or less parking spaces are
required and 6.0 meters where more than 10 spaces are
required.
3. In Residential Zones, 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 metres,
where only one-way traffic is permitted and have a minimum width
of 6.0 m but not more than 9.0 metres in perpendicular width
where two-way traffic is permitted.
(ii)
The maximum width of any joint ingress and egress driveway ramp in
a Commercial or Residential Zone measured along the street line
shall be 9.0 m.
(iii)
The minimum distance between a driveway and an intersection of
street lines measured along the street line intersected by such
driveway shall be 7.5 m.
(iv)
Except in Residential zones, the minimum distance between
driveways measured along the street line intersected by such
driveways shall be 7.5 m.
(v)
The minimum angle of intersection between a driveway and a street
line shall be 60 degrees.
(vi)
Every lot shall be limited to the following number of driveways:
1.
up to the first 30.0 m of frontage - not more than 2 driveways;
and
2.
for each additional 30.0 m of frontage - not more than 1
additional driveway.
(vii)
Notwithstanding the requirements of items (i) through (vi) above, the
SECTION 6 - GENERAL PROVISIONS
6.21
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
ingress and egress requirements of the Regional Municipality of
Niagara, The Ministry of Transportation Ontario, and The Niagara
Parks Commission shall apply along all Regional Roads, Provincial
Highways, and the Niagara River Parkway.
(viii)
Nothing in this By-law shall prevent the obstruction of a driveway by a
gate, a temporary barrier or similar obstruction used solely to restrict
access to the said driveway and designed to be otherwise opened or
removed when necessary to permit passage of a vehicle. On
Regional Roads and Provincial Highways, all such gates and barriers
should be set back from the property line to allow the temporary
stopping of a vehicle so that the vehicle while stopped is entirely
contained within the property limits and does not overhang the public
road allowance.
(ix)
Nothing in this Subsection shall apply to prevent the use of a right-of-
way as a means of obtaining access to a parking area provided the
said right-of-way has been legally established for such purpose.
(E)
ILLUMINATION
Where parking areas are illuminated, lighting fixtures shall be arranged,
designed and installed so that the light is directed downward and deflected
away from adjacent lots and travelled public streets.
(F)
MORE THAN ONE USE ON A LOT
When a building or structure accommodates more than one type of use as
set out in paragraph (A) of this subsection, the parking space requirement
for the whole building shall be the sum of the requirements for the separate
parts of the building occupied by the separate types of use.
(G)
ADDITIONS TO BUILDINGS
The parking area requirements referred to herein shall not apply to any
building lawfully 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 and the building or
structure is used for a purpose which does not require more parking spaces,
according to Subsection 6.20 (A), than were required by its use at the date
of passing of this By-law. If an addition or a change of use is made to a
building or structure as it existed at the date of passing of this By-law, then
additional parking spaces shall be provided to the number required for such
addition or change in use, provided that this paragraph shall not apply to
require the establishment of a parking space and areas for single detached
dwellings which existed at the date of the passing of this By-law.
SECTION 6 - GENERAL PROVISIONS
6.22
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
(H)
OTHER PARKING REGULATIONS
(i)
Nothing in this By-law shall prevent the erection of a shelter for the
use solely by parking attendants in any part of a parking area, except
within a sight triangle, provided such shelter is not more than 4.5 m in
height and has a floor area of not more than 5 sq. m.
(ii)
No gasoline retail outlet or automobile service station shall be located
or maintained on any parking area except where specifically
permitted in this By-law.
(ii)
No commercial motor vehicle of greater than one tonne maximum capacity
and/or no bus used as a commercial motor vehicle designed for carrying 10
or more passengers and used for the transportation of persons, shall be
parked or stored in a Residential Zone.
(iii)
Notwithstanding any other provision in this by-law to the contrary, event
parking is permitted in any Commercial or Core Mixed Use Zone.
(I)
PARKING AREA LOCATION ON LOT
Notwithstanding the yard provisions of this By-law to the contrary, uncovered
surface parking areas shall be permitted in the required yards as follows:
ZONE
YARD IN WHICH REQUIRED PARKING AREA
PERMITTED
R1, R2, R3, A, RU,
RR, WR, WRR
All yards. A Parking Area for a residential use
containing more than 3 dwelling units shall be
located in the rear yard only.
RM1, RM2
All yards provided that no part of any parking area,
other than a driveway, is located closer than 3.0 m
to any street line and any lot line.
C1, C2, C2A, C3,
C4, C5, C6, C7,
CMU1,
CMU2,
CMU3,
CMU4,
I,
OS, P
All yards provided that no part of any parking area,
other than a point of ingress/egress, is located
closer than 3.0 m to any street line or to any
residential zone, except a parking area may be
located 0 m from a rear access laneway in C2A,
CMU2 and CMU4 Zone.
IN, DI, PI
All yards, provided that no part of any parking area,
other than a point of ingress/egress, is located
closer than 4.5 m to any street line or to any
SECTION 6 - GENERAL PROVISIONS
6.23
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
ZONE
YARD IN WHICH REQUIRED PARKING AREA
PERMITTED
residential zone.
(J)
DIMENSIONS OF PARKING SPACES
A parking space required hereby shall be in accordance with Schedule "D",
except:
(i)
except as otherwise provided in this Clause, where the side of a
parking space abuts either a lot line or a wall, a column, a pillar, a
tree, a fence, a pole or other obstruction or part thereof which is 0.5 m
or more in height above the level of such parking space, the minimum
width of the said parking space shall be 3.0 m; and
(ii)
except as otherwise provided in this Clause, where a parking space
abuts an area of landscaped open space or a pedestrian walkway
greater than 1.0 m in width and located on the same lot therewith, the
minimum width of such parking space shall be 2.4 m.
(K)
PARKING STRUCTURES
(i)
Where a parking area located in a structure constitutes the main use
on a lot, then such structure shall conform to all the zone provisions
for the zone in which such lot is located.
(ii)
Where a parking area located in a structure is accessory to a
permitted use on a lot, then such structure shall conform to all the
provisions for accessory uses set out in Subsection (I) of this Section.
(L)
UNDERGROUND PARKING AREAS
Nothing in this By-law shall apply to prohibit the location of underground
parking areas in any yard, provided that:
(i)
no part of any underground parking area shall be situated above
finished grade in any required yards; and
(iv)
no part of any underground parking area shall be located within the limits of
a street.
(M) ACCESSIBLE PARKING SPACES (By-law 130-11)
SECTION 6 - GENERAL PROVISIONS
6.24
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
Parking spaces designated under Section 6.20 (M) shall include Van
Accessible (Type A) and Standard (Type B) Parking Spaces.
(i)
Type A parking spaces shall:
a)
Where provided outdoors, have a minimum height
clearance of 2.75 m
b)
Where provided indoors, have a minimum height
clearance of 2.59 m
c)
Be at least 3.4 m wide
d)
Be at least 6.0 m long
e)
Have an adjacent access isle at least 1.5 m wide by 6
m long
(ii)
Type B parking spaces shall:
a)
Be at least 2.4 m wide
b)
Be at least 6.0 m long
c)
Have an adjacent access isle at least 1.5 m wide by
6m long
(iii)
Accessible parking spaces shall be provided as close as possible to
principal building entrances.
(iv)
Accessible Parking Spaces shall be provided in accordance with
the requirements specified hereunder;
Facility Type
Total Number
of
Spaces
Required Accessible Spaces
TOTAL
ACCESSIBLE
SPACES
Type A
Type B
Municipal
Facility,
School,
university,
college
or
public
transportation
organization
0-12
13-100
101-200
1
2%
0
2%
1
4% (where an
odd number of
parking
spaces
is
provided, the
additional
space shall be
Type B)
1+3% divided
SECTION 6 - GENERAL PROVISIONS
6.25
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
Facility Type
Total Number Required Accessible Spaces
TOTAL
201-1000
1000+
equally
between Type
A and Type B,
except where
an
odd
number
of
parking
spaces
is
provided,
the
additional
space shall be
Type B
2+2% divided
equally
between Type
A and Type B,
except where
an
odd
number
of
parking
spaces
is
provided, the
additional
space shall be
Type B
11+1% divided
equally
between Type
A and Type B,
except where
an
odd
number
of
parking
spaces
is
provided,
the
additional
space shall be
Type B
Health
Care
Facility
5-10
11-30
31-50
51-99
1
1
2
2
0
1
1
2
1
2
3
4
SECTION 6 - GENERAL PROVISIONS
6.26
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
Facility Type
Total Number Required Accessible Spaces
TOTAL
100+
2 + 2% (capped
at 12)
2% (capped at
10)
Other Facilities
1-10
11-30
31-50
51-99
100+
0
1
1
2
2% (capped at
10)
0
0
1
1
1% (capped at
5)
0
1
2
3
(v)
Accessible parking spaces shall have an accessible parking permit
sign in accordance with Section 11 of Regulation 581 of the Revised
Regulations of Ontario, 1990 (Accessible Parking for Persons with
Disabilities as amended or replaced) made under the Highway Traffic
Act.
6.21
LANDSCAPING AND PLANTING STRIPS
(a)
REQUIREMENTS FOR USES ABUTTING RESIDENTIAL ZONES
Where a lot is used for a non-residential purpose or a residential
development consisting of more than 3 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 in accordance with the provisions of this
subsection.
(b)
WIDTH
Where land is required to be used for no other purpose than a planting strip,
it shall have a minimum width of 3.0 m measured perpendicular to the lot line
it adjoins.
(c)
DRIVEWAYS OR WALKS
In all cases where ingress and egress driveways or walks extend through a
planting strip, it shall be permissible to interrupt the strip within 3.0 m of the
edge of such driveway or within 1.5 m of the edge of such walk.
(d)
LANDSCAPED OPEN SPACE
A planting strip referred to in this subsection may form part of any
landscaped open space required by this By-law.
SECTION 6 - GENERAL PROVISIONS
6.27
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
(e)
PLANTING
Planting strips shall be planted with vegetation, the details of which being
regulated through Site Plan Control.
(i)
Where a fence, wall, row of trees or hedgerow is provided as part of a
planting strip required by this By-law, such fence, wall, row of trees or
hedgerow shall be designed to have an ultimate height of not less
than 1.5 m above the elevation of the ground at the nearest lot line,
except that within the sight triangle the maximum height of any such
landscaping materials shall not be greater than 0.7 metres.
(ii)
The owner of any lot whereupon a planting strip is required hereby
shall be solely responsible for providing and maintaining such
planting strip in accordance with the provisions hereof.
(f)
PLANTING STRIPS REQUIRED ADJACENT TO QUEEN ELIZABETH
WAY
Notwithstanding any other requirements of this by-law, a planting strip
having a minimum width of 9.0m shall be provided adjacent to the Queen
Elizabeth Way or any service road or other municipal road running parallel
and adjacent to the Queen Elizabeth Way, and such planting strip shall be
used for no other purposes than landscaped open space and/or a noise
attenuation feature.
(g)
MINIMUM LANDSCAPED OPEN SPACE AREA IN A RESIDENTIAL ZONE
i.
The minimum required landscaped open space area in the front
yard of any dwelling in any residential zone shall be 30%.
ii.
The minimum required landscaped open space area in the rear
yard of any dwelling in any residential zone shall be 40%.
iii.
The overall minimum required landscaped open space area on a lot
in a residential zone shall be 20%
6.22
PROHIBITED USES
(a)
Except as otherwise specifically permitted in this By-law, the following uses
are prohibited in any zone:
(i)
blood boiling
(ii)
bone boiling
(iii)
refining coal oil
SECTION 6 - GENERAL PROVISIONS
6.28
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
(iv)
extracting oil from fish or animal matter
(v)
storing hides
(vi)
abattoir, commercial slaughterhouse, stockyard, or establishments
for the sale or shipping of livestock
(vii)
a piggery wherein pigs are fed treated garbage or other treated
refuse
(viii)
tallow melting
(ix)
soap boiling
(x)
tripe boiling
(xi)
tanning hides or skins
(xii)
manufacturing gas, acids or chemicals
(xiii)
manufacturing glue
(xiv)
commercial manufacturing of fertilizers from dead animals or from
human or animal waste
(xv)
a track for the racing of motor vehicles or motorcycles or go-carts or
motorized snow vehicles
(xvi)
DELETED
(xvii)
the use of any trailer for human habitation
(xviii)
keeping, storing, manufacturing, refining or transporting dangerous
inflammable or explosive substances including, but not so as to limit
the generality of the foregoing, dynamite, dualin or naphtha, but not
including gasoline, diesel fuel, heating and lubricating oil, propane,
acetylene, lime, fireworks or firearms.
(xix)
a junk yard, salvage yard, automobile wrecking yard, or the
collection, storage, use or sale of junk, salvage, partially or
completely dismantled motor vehicle or trailers or parts of motor
vehicles or trailers, including used tires.
(xx)
locating or storing on any land for any purpose whatsoever any
disused railroad car, streetcar body, vehicle body, shipping/cargo
container or tractor or trailer body, not used for its intended purpose,
whether or not the same is situated on a foundation, except as
permitted in Section 6.36, 6.54 or 6.55.
(xxi)
keeping or raising of any bull, ox, cow, sheep, horse, goat, pig,
llama, alpaca or other cattle, or any poultry, or any reptile or any wild
animal including any tamed or domesticated wild animal, on any
residential lot or in any building or structure on such lot, or on any lot
or in any building or structure in a Residential zone.
(xxii)
Adult Entertainment establishments
(xxiii)
Toxic waste disposal and/or transfer sites
(xxiv)
Drop forge plants
(xxv)
The use of any vehicle or structure on a lot for the sale of food or
merchandise, except as provided for in Subsection 6.36 (d).
(xxvi)
The use of any vehicle or vehicle body on a lot, for storage
purposes, except as provided for in Subsection 6.36.
(xxvii)
Converted shipping/cargo containers or shipping/cargo containers in
SECTION 6 - GENERAL PROVISIONS
6.29
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
a Hazard (H) Zone, Environmental Protection (EP) Zone, Dune
Protection (DP) Zone, Environmental Conservation (EC) Zone, or
on any property designated under the Ontario Heritage Act.
(b)
In addition to the uses prohibited in Clause (a) of this subsection, any use
which from its nature or the materials used therein or emissions issuing
therefrom is declared under The Health Protection and Promotion Act,
R.R.O. 1990, as amended from time to time, or any other regulations
adopted thereunder to be a noxious trade, business or manufacture is
prohibited.
(c)
In addition to the uses prohibited in clause (a) of this subsection, all uses of
land and the erection or use of any building or structure for a purpose not
permitted under the "Permitted Use" subsection of one or more zones
established by this By-law are and shall be deemed to be prohibited in each
such zone, except for those uses of land and the erection or use of any
building or structure for a purpose expressly permitted under the applicable
provisions of Section 6 hereof.
6.23
OBNOXIOUS USES
Notwithstanding anything contained herein, no land shall be used, and no building
or structure shall be erected, altered or used for any purpose which is obnoxious,
and without limiting the generality of this subsection for any purpose that creates or
is likely to become a nuisance or offensive, or both:
(a)
by the creation of noise or vibration; or
(b)
by reason of the emission of gas, fumes, smoke, dust, or objectionable
odour; or
(c)
by reason of the unsightly storage of goods, wares, merchandise, salvage,
refuse matter, motor vehicles, trailers, or parts of vehicles or trailers,
machinery or other such material; or
(d)
by any combination of these things described in clauses (a), (b) and (c) of
this subsection.
6.24
PUBLIC SERVICES
This By-law shall not be deemed to:
(a)
Prevent the use of any land for the erection of buildings or structures, or the
installation of any sewage and water works or other facilities essential to the
operation of a Public Service, provided that any such use, building or
structure shall be in substantial compliance with relevant provisions of this
By-law and shall not adversely affect the character or amenity of the
neighbourhood
in
which
same
is
located;
however,
offices,
SECTION 6 - GENERAL PROVISIONS
6.30
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
maintenance/repair yards and institutional uses for public agencies and
public utilities are not permitted in any Agricultural or Rural zone.
(b)
Prevent the use of land for a street, a public railway or public park.
(c)
Prevent the erection of any properly authorized traffic sign or signal, or any
sign or notice of any local or other government department or authority.
6.25
RAILWAY RIGHT-OF-WAY
Notwithstanding other provisions within this By-law to the contrary, no residential
dwelling shall be constructed any closer than 30.0 m to any functioning railway
right-of-way.
6.26
REDUCTION OF REQUIREMENTS
No person shall change the purpose for which any lot, building or structure is used
or erect any new building or structure or addition to any existing building or
structure or sever any lands from any existing lot if the effect of such action is to
cause the original, adjoining, remaining or new building, structure or lot to be in
contravention of this By-law, except:
(a)
in the cases of any addition to an existing building or structure, that is used
in accordance with the provisions of this By-law, the front yard, interior side
yard, exterior side yard and/or rear yard, as lawfully established prior to the
date of passage of this By-law and which does not conform to the setback
regulations of the particular zone in which the building or structure is located,
shall be considered the required yard.
6.27
REMOVAL OF GRAVEL
Nothing in this By-law shall prevent an owner from removing gravel, sand or earth
from his land for his own use on the property from which the material is removed.
6.28
REPLACEMENT OF BUILDINGS OTHER THAN RESIDENTIAL BUILDINGS
Any lawfully used building other than a building used exclusively for residential
purposes may, in the case of its complete destruction, be replaced with a new
building where the complete destruction is caused by fire, lightning, explosion,
tempest, flood or Act of God, or where its demolition is by order of the Corporation,
the Regional Niagara Health Services Department or any other authority, for safety,
health or sanitation requirements, provided that:
(a)
such destroyed or demolished building was in conformance with this By-law
at the date of its complete destruction or its demolition; or
SECTION 6 - GENERAL PROVISIONS
6.31
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
(b)
for buildings not in conformance with this By-law, the ground floor area and
gross floor area of such buildings as replaced does not exceed that existing
at the date of its complete destruction or its demolition.
(c)
notwithstanding subsections (a) and (b) above, where the building is located
in the Hazard Zone, the Niagara Peninsula Conservation Authority
regulations shall apply.
6.29
REPLACEMENT OF RESIDENTIAL BUILDINGS
Any building used exclusively for residential purposes may, in the case of its
complete destruction, be replaced with a new building or in the case of its partial
destruction, be reconstructed where the complete or partial destruction, as the case
may be, is caused by fire, lightning, explosion, tempest, flood or Act of God, or
where its demolition is by order of the Corporation, the Regional Niagara Health
Services Department or other authority, for safety, health or sanitation
requirements, provided that:
(a)
such destroyed or demolished building was lawfully used at the date of its
partial or complete destruction or its demolition;
(b)
such buildings as replaced or reconstructed shall not contain a greater
number of dwelling units than could have lawfully existed in the destroyed or
demolished building at the date of its partial or complete destruction or
demolition;
(c)
where the ground floor area of the destroyed or demolished building was
less than the minimum ground floor area permitted in the applicable zone
under this By-law, such building, as replaced or reconstructed, shall not
contain a lesser floor area than lawfully existed in the destroyed or
demolished building at the date of its partial or complete destruction or
demolition;
(d)
where any yard existing at the date of the partial or complete destruction or
demolition of such building does not comply with the minimum yard required
in the applicable zone under this By-law, then such yard shall not be less
than the yard existing at the date of the partial or complete destruction or
demolition of such building;
(e)
the height of such building, as replaced or reconstructed shall not exceed
the maximum height permitted in the applicable zone under this By-law;
(f)
notwithstanding subsections (a), (b), (c), (d) and (e) above, where the
building is located in the Hazard Zone, the Niagara Peninsula Conservation
SECTION 6 - GENERAL PROVISIONS
6.32
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
Authority regulations shall apply.
6.30
RECONSTRUCTION OF AGRICULTURAL BUILDINGS AND STRUCTURES
Nothing in this By-law shall apply to prevent the reconstruction of any legal non-
conforming or conforming agricultural building or structure situated in the
Agricultural or Special Rural zones in the case of partial or complete destruction
caused by fire, lightning, explosion, tempest, flood or Act of God, or demolition by
the order of the Corporation, the Regional Niagara Health Services Department or
other authority for safety, health or sanitation requirements, provided that:
(a)
such buildings or structures as replaced or reconstructed shall not have in
total a greater livestock housing capacity than could have lawfully existed in
the destroyed or demolished building or structure at the date of its partial or
complete destruction or demolition; and
(b)
where any yard existing at the date of the partial or complete destruction or
demolition of such building or structure does not comply with the minimum
yard or minimum setback required in the Agricultural zone, such yard shall
not be reduced in size by reason of such reconstruction of such building or
structure; or
(c)
if such building or structure is to be replaced or reconstructed so that it
provides a greater livestock housing capacity than lawfully existed in the
destroyed or demolished building or structure at the date of its partial or
complete destruction or demolition, such building or structure shall not be
replaced or reconstructed except in accordance with the provisions of the
Agricultural A and Rural RU zone.
(d)
for the purposes of this subsection, "livestock housing capacity" means the
number of animal units per year in accordance with Schedule "C" hereof.
(e)
notwithstanding subsections (a), (b), (c), and (d) above, where the building is
located in the Hazard Zone, the Niagara Peninsula Conservation Authority
regulations shall apply.
6.30.1 Deleted by By-law 120-11
6.31
SIGHT TRIANGLES/DAYLIGHTING TRIANGLES
Daylighting requirements will be based on the functional road classification of
intersecting roadways as follows:
SECTION 6 - GENERAL PROVISIONS
6.33
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
Road
Classification
of
Intersecting
Streets
Minimum Daylighting Requirements
Local to Local
4.5 m Triangle or Radius
Collector to Local or Collector
7 m x 7 m Triangle
Arterial to Local, Collector to Arterial
12 m x 12 m Triangle
On a corner lot within the triangular space formed by the street lines and a line
drawn from a point in one street line to a point in the other street line, each such
point being measured along the street line from the point of intersection of the street
lines, no sign, fence, landscaping, building or structure shall be greater than 0.7 m
in height above the elevation of the ground at the street line regardless of whether
or not any such landscaping materials form part of a required planting strip. Such
triangular space may hereinafter be called a daylighting triangle.
Where the two street lines do not intersect at a point, the point of the 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.
Notwithstanding these requirements, the sight/daylighting triangle provisions of any
legislation or regulation of the Region of Niagara, the Niagara Parks Commission
and the Province of Ontario shall apply along all Regional Roads, Parks
Commission Roads and Provincial Roads.
6.32
SIGNS
The provisions of this By-law shall not apply to prevent the erection, alteration or
use of any sign provided such sign complies with the by-laws, regulations and
legislation of the Province of Ontario, the Niagara Parks Commission, the Region of
Niagara and the Town of Fort Erie regulating signs.
6.33
SPECIAL EXCEPTIONS
The special exceptions noted in each Zone Section shall have effect in respect of
the subject use and the provisions of the respective zone shall be amended insofar
as required to give effect to the special provisions. All other provisions of the
respective zone shall apply, with the necessary changes being made to the subject
use.
6.35
SWIMMING POOLS
(a)
PRIVATE OPEN SWIMMING POOLS:
Notwithstanding any other provision of this By-law to the contrary, the
SECTION 6 - GENERAL PROVISIONS
6.34
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
following provisions shall apply with respect to the erection or use of any
private open swimming pool not enclosed or otherwise located within a
building:
(i) No private open swimming pools or related structures shall be
permitted anywhere within the zoned area except:
(ii) No interior wall surface of any open swimming pool, nor any related
building or structure other than a fence, shall be located closer than
1m to any lot line or closer to any street than the setback required.
(iii) No hard surface associated with a swimming pool shall be located
closer than 0.5m to the side or rear lot line.
(iv) No water circulating or treatment equipment, such as pumps or
filters shall be located closer than 3m to any side lot line or 1m to
any rear lot line when not enclosed within a structure. Water
circulating or treatment equipment shall be setback a minimum of
1m from any lot line or the minimum setback to the required street
line when enclosed within a structure.
(b)
LOT COVERAGE EXEMPTION
Notwithstanding any other provision of this By-law to the contrary, no open
swimming pools or any related structures shall be considered part of the lot
coverage of a lot, but where a swimming pool is enclosed within a building or
where a structure appurtenant to a swimming pool constitutes a building as
defined herein, the building (but not the swimming pool) shall comply with
any lot coverage requirements set out herein for the zone in which such
building is located.
(c)
INDOOR SWIMMING POOLS
Any swimming pool located within a building as defined herein shall comply
with the provisions for accessory uses set out in Subsection 6.1 hereof,
where such swimming pool is located within an accessory building, or with
the zone requirements set out herein for the zone in which such swimming
pool is located, where such swimming pool is located within a main building.
(d)
PUBLIC SWIMMING POOLS
Any public swimming pool and any related buildings or structures shall
comply with the zone requirements set out herein for the zone in which such
swimming pool is located.
SECTION 6 - GENERAL PROVISIONS
6.35
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
(e)
COMPLIANCE WITH SWIMMING POOL BY-LAWS
All swimming pools shall comply with any by-laws of the Corporation
regulating swimming pools.
6.36
TEMPORARY USES
TEMPORARY BUILDINGS DURING CONSTRUCTION
Nothing in this By-law shall prevent the use of any land, or the erection or use of
any temporary building or structure for a construction camp, work camp, tool shed,
scaffold or other temporary building or structure incidental to and necessary for
construction work on the premises for which a building permit has been issued and
not expired, but only for so long as such use, building or structure is necessary for
such construction work which has not been finished or abandoned. The temporary
building or structure shall be removed within six weeks of the work being completed
or abandoned. Abandoned in this subsection shall mean failure to proceed
expeditiously with the construction of the work.
DESTRUCTION OF DWELLING
Nothing shall prevent the use of a mobile home, motor home or tourist trailer for
temporary habitation in the case of complete or partial destruction of a single
detached dwelling, or where its demolition is ordered by the Corporation of the
Town of Fort Erie, the Regional Niagara Health Services Department or other
authority, for safety, health or sanitation requirements, for a period of time not to
exceed 18 months.
TEMPORARY TRAILER FOR HABITATION
Nothing in this By-law shall prevent the use of a mobile home, motor home or
tourist trailer for temporary habitation during the construction of a dwelling in the
Agricultural (A) Zone, the Rural (RU) Zone or the Rural Residential (RR) Zone for a
period of time not to exceed 12 months with the requirement that a valid building
permit for the dwelling was issued by the Town of Fort Erie.
REAL ESTATE PAVILION
Nothing shall prevent the use of land, or the erection of a real estate sales pavilion
or the placement of a mobile home to be used as a real estate sales pavilion on a
temporary basis either located within or not more than 300 metres from a
developing subdivision and which use shall be removed when all lots have been
sold.
TEMPORARY SALE OF MERCHANDISE
Nothing shall prevent the use of any lands or the placement of any vehicle or
structure within any zone excepting Residential Zones and Environmental
Protection Zones as outlined in Section 3 of this By-law, or upon any municipal road
SECTION 6 - GENERAL PROVISIONS
6.36
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
allowance as permitted by Town Council, for the temporary sale of food or
merchandise by any person(s) for profit or gain as licensed and regulated by the
Town.
CARNIVALS, FESTIVALS, FAIRS
Temporary events such as carnivals, festivals and fairs, including the ancillary sale
of food and merchandise, shall be permitted in any zone excepting Residential
Zones and Environmental Protection Zones as outlined in Section 3 of this by-law,
subject to approval of the event by Town Council.
GARAGE SALES AND YARD SALES
Temporary events such as garage sales and yard sales shall be permitted on any
property containing a residential use, subject to the following provisions:
a)
the event takes place only between the hours of 8:00 am and 6:00
pm
b)
no more than four (4) one-day events are permitted on a
residential property in each calendar year.
SHIPPING/CARGO CONTAINERS
a) Industrial Zones
Shall be permitted in any Industrial Zone provided shipping/cargo containers
are:
i)
not stacked more than 3 high
ii)
are located behind the main building,
iii)
are screened from view from any street or road allowance,
iv)
are setback a minimum of 3 metres from all side and rear property
lines,
v)
and are temporary meaning for a period of no longer than 18 months.
b) Institutional Zones
A maximum of two shipping/cargo containers shall be permitted in the rear
yard or interior side yard for the purposes of the temporary loading or
unloading of items for charitable purposes in conjunction with a charitable
institution or school provided shipping/cargo containers:
i) are not stacked,
ii) are located behind the main building,
iii) are screened from view,
iv) are setback a minimum of 3 meters from all sides and rear property lines;
and
v) are temporary meaning each container may only remain for a period not
exceeding 18 months.
SECTION 6 - GENERAL PROVISIONS
6.37
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
c) Residential Zones
i) A maximum of one shipping/ cargo container is permitted in the driveway
or in a side yard of a residential property for moving and minor
renovations not requiring a building permit for a maximum of 60 days in
any calendar year provided:
1) it is setback 1 meter from all property lines;
2) does not exceed a maximum height of 3.0 metres and a maximum
length of 6.1 metres;
3) is not located in any site triangle; and
4) is not located in any required parking space
ii) A maximum of one shipping/cargo container is permitted in the driveway
or a side yard of a residential property for renovations requiring a building
permit for a maximum of 180 days in any calendar year provided:
1) it is setback 1.0 meter from all property lines;
2) does not exceed a maximum height of 3.0 metres and a maximum
length of 6.1 metres;
3) is not located in any site triangle; and
4) is not located in any required parking space
STORAGE OF PRODUCTS IN VEHICLES FOR SHIPPING
Temporary storage of products for shipping shall only be permitted in areas zoned
Industrial (IN) Zone, Prestige Industrial (PI) Zone, and Dry Industrial (DI) Zone.
TEMPORARY SWIMMING POOLS
A temporary swimming pools shall be permitted in front yard where it is not
physically possible to locate the temporary pool in the interior side yard, exterior
side yard or rear yard. Temporary swimming pools shall be permitted in the interior
side yard, exterior side yard and rear yard. For the purposes of this section,
temporary shall mean not to remain between October 1st and April 30th.
TEMPORARY TENTS
A temporary tent shall be permitted on any property containing a residential use in
the rear or exterior side yard, or in the front yard not closer than 15.0 m to the front
lot line for a period of up to 96 hours. A temporary tent shall be permitted in any
yard on a commercial property for a period of up to 96 hours provided it is not
closer than 3.0 m to a front property line or to a residential zone. No more than two
(2) 96hour events are permitted on any property in each calendar year.
6.37
THROUGH LOTS
Where a lot which is not a corner lot has frontage on more than one street, such lot
shall have a front yard in accordance with Section 5.204 of this by-law.
SECTION 6 - GENERAL PROVISIONS
6.38
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
6.38
TRAVEL TRAILERS, PICK UP CAMPERS, TENT TRAILERS, PERMANENTLY
MOUNTED CAMPERS, MOTOR VEHICLES AND TENTS
(a)
ALL ZONES
No person shall in any zone, locate or use any travel trailer, pick up camper,
tent trailer, permanently mounted camper, motor vehicle or tent on any lot for
living, sleeping or eating accommodation.
(b)
EXCEPTIONS
i.
Notwithstanding the provision of paragraph (a) hereof, a lot may be
used for a travel trailer for living, sleeping or eating accommodation:
(i)
where the lot is used as a camping area in a public park, but
which tourist trailer or motor home shall not be occupied for
any period of time beyond 8 months.
(ii)
where the lot is in an Industrial zone and the travel trailer or
motor home is used by a caretaker or watchman employed on
the lot and provided not more than one such travel trailer is
located on a lot; or
(iii)
where such use is specifically permitted elsewhere in this By-
law.
ii.
Notwithstanding the provision of paragraph (a) hereof, a tent may
be used on a lot in accordance with the Temporary Tent provisions
under Subsection 6.36 Temporary Uses."
6.39
STORAGE OF RECREATIONAL VEHICLES
On a lot containing a residential dwelling, no person shall store a recreational
vehicle except in accordance with the following provisions:
(a)
where the lot is used for an apartment dwelling or boarding house, the
storage of such vehicles shall be enclosed and shall only be permitted in
spaces or areas that are in addition to the number of parking spaces
required by Section 6.20.
(b)
where the lot is used for any other residential use, the storage of such
vehicles shall be permitted in any yard provided that they are a minimum of
1.0 m from any side or rear lot line and where storage occurs in a front yard
or exterior side yard, a minimum setback of 4.5 m from the front lot line and
in the case of a corner lot a daylighting triangle in accordance with Section
6.31 of the Comprehensive Zoning By-law 129-90 shall be required in
addition to the front yard setback for sight clearance purposes.
SECTION 6 - GENERAL PROVISIONS
6.39
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
(c)
notwithstanding the requirements of (b) above, a Recreational Vehicle shall
not be located in the front yard between the main dwelling and the front lot
line in such a manner that the front face of the dwelling is blocked or
obscured in an unsightly manner.
(d)
notwithstanding the requirements of (b) and (c) above, the temporary
storage of recreational vehicles for a period of up to 72 hours, between May
1st and October 31st, shall be permitted in the front yard. However,
temporary storage of recreational vehicles shall not be permitted within the
required daylighting triangle in accordance with Section 6.31 on any corner
lot.
(e)
Recreational vehicles may be stored in accordance with (d) above, a
maximum of 6 times in a calendar year
6.40
COVERED OR UNCOVERED PORCHES, BALCONIES, DECKS AND PATIOS
(a) Residential Zones
Notwithstanding the yard provisions of this By-law to the contrary, porches,
balconies, decks 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 (uncovered)
or
0 m to
1.5
m
above
grade
(covered)
Above
1.5
m
above
grade
(covered
or
uncovered)
Minimum setback to
exterior side lot line
0.25
m,
if
permeable
and
drainage is not
adversely
impacted; 1.50 m
if non-permeable
1.5 m
Required building
setback
SECTION 6 - GENERAL PROVISIONS
6.40
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
(b) Notwithstanding part (a) above, porches, balconies, decks and patios are not
permitted to encroach into required swales.
(c) Agricultural and Rural Zones
Notwithstanding the yard provisions of this By-law to the contrary, covered or
uncovered porches, balconies, decks and patios which have platform heights of
less than 1.5 m above grade may project a maximum of 3.0 m into required yards
in Rural and Agricultural zones. Covered or uncovered porches, balconies, decks
and patios which have platform heights greater than 1.5 m above grade must be
setback the required building setback.
6.41
YARD ENCROACHMENTS PERMITTED
(a) ORNAMENTAL STRUCTURES
Notwithstanding the yard provisions of this By-law to the contrary, sills, belt
courses, chimneys, cornices, eaves, gutters, parapets, pilasters, bay windows, bow
windows, window wells or other ornamental structures may project into any
required yard a maximum distance of 0.5m but shall not be closer than 0.5m to any
lot line.
Minimum
setback
to
exterior side lot
line
Minimum
setback
to
exterior side lot line
Minimum setback
to exterior side lot
line
Minimum setback to
interior side lot line
0.25
m,
if
permeable
and
drainage is not
adversely
impacted;
Required
building setback
if non-permeable
Required
building
setback
Required building
setback
Minimum setback
to rear lot line
0.25
m,
if
permeable
and
drainage is not
adversely
impacted; 3 m if
non-permeable
3 m
Required building
setback
Minimum setback
to front lot line
3 m
3 m
Required building
setback
SECTION 6 - GENERAL PROVISIONS
6.41
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
(b) ACCESSORY STRUCTURES
Notwithstanding the yard provisions of this By-law to the contrary, drop awnings,
clothes poles, flag poles, garden trellises, fences, retaining walls, signs, or similar
accessory uses shall be permitted in any required yard.
(c) Enclosed Structures
Any enclosed porch, balcony, step, patio or barrier-free ramp structure is deemed
to be part of the building to which it is attached and shall meet all required yard
setbacks thereof. For the purposes of this section, "enclosed" means having
vertical planes which are more than 50% covered with walls including windows but
not including removable screens.
(d) STEPS AND BARRIER FREE RAMP STRUCTURES
Notwithstanding the yard provisions in this by-law to the contrary, steps and barrier
free ramp structures may project into the front, rear and interior side lot lines and
shall be setback a minimum of 1 m from exterior side lot lines.
(e) Landings
For the purpose of this provision a landing is considered to be part of steps or
barrier free ramp structures.
(f) Steps/Barrier Dree Ramp Structures with Foundations
Notwithstanding the yard provisions in this by-law to the contrary, steps and barrier
free ramp structures with foundations may project into the front, rear and interior
side lot lines and shall be setback a minimum of 1 m from exterior side lot lines
provided it is demonstrated that drainage is not adversely impacted.
(g) FIRE ESCAPES
Notwithstanding the yard provisions of this By-law to the contrary, unenclosed fire
escapes, in which the stairs, steps and floors are latticed in such a manner that the
proportions of voids to solids is not less than 2 to 1 and in which guards consist only
of hand rails and the structural members necessary to their support, may project
into any required yard a maximum distance of 1.5m.
(h) RAILWAY SPUR
Notwithstanding the yard provisions of this By-law to the contrary, a railway
spurshall be permitted within any required yard.
SECTION 6 - GENERAL PROVISIONS
6.42
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
(i) GATE HOUSE
Notwithstanding the yard provisions of this By-law to the contrary, in a Commercial
or Industrial zone, a gate house shall be permitted in any yard.
(j) CANOPIES OVER ENTRANCES
Notwithstanding the yard provisions of this By-law to the contrary, canopies over
front and rear entrances may project into a required front yard or required rear yard
a maximum distance of 3.0 m.
(k) OPERATING MACHINERY
Notwithstanding the yard provisions of this By-law to the contrary, operating
machinery shall:
(i) in any lot used for residential purposes, be permitted to encroach into
any side yard adjacent to a street or into any rear yard of any such lot.
(ii) not be permitted in a front yard of a lot used for residential purposes
except that an air conditioning unit or an automatic standby generator
may encroach into a front yard to the maximum permitted distance of
2.0 m from the main wall of the main building.
(iii) where permitted on any residential lot under (i) or (ii) above, the exhaust
or intake shall not be directed towards any side yard if such side yard
abuts another parcel of land used for residential purposes.
(iv) where permitted on any residential lot under (i) or (ii) above, shall not be
located less than 5.0 m from an existing residential use under separate
ownership, except that an air conditioning unit or an automatic standby
generator shall not be located less than 2.0 m from an existing
residential use under separate ownership.
(v) be permitted to encroach into any interior side yard, provided that the
said operating equipment shall not be located less than 5.0 m from any
lot line, except that an air conditioning unit or automatic standby
generator shall not be located less than 0.5 m from any lot line.
6.42
WAYSIDE PITS AND QUARRIES
Wayside pits and quarries shall be permitted only in the Agricultural (A) Zone and the
Extractive Industrial (EI) Zone.
SECTION 6 - GENERAL PROVISIONS
6.43
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
6.43 ACCESSORY DWELLING UNITS
(a) In a Residential Zone in the Urban Boundary that has access to full municipal water
and sanitary sewer service, up to two (2) Accessory Dwelling Units shall be
permitted in any single detached, semi-detached or rowhouse/townhouse dwelling
in addition to the main dwelling unit.
(b) In a Residential Zone in the Urban Boundary that has access to full municipal water
and sanitary sewer service, one (1) Detached Accessory Dwelling Unit shall be
permitted on the same lot. Notwithstanding Subsection 6.43 (a), where a lot
contains a permitted Detached Accessory Dwelling Unit, only one (1) Accessory
Dwelling Unit shall be permitted in any single detached, semi-detached or
rowhouse/townhouse dwelling in addition to the main dwelling unit.
(c) In a Neighbourhood Development (ND) Zone in the Urban Boundary that has
access to full municipal water and sanitary sewer service, up to two (2) Accessory
Dwelling Units shall be permitted in an existing single detached, semi-detached or
rowhouse/townhouse dwelling.
(d) In a Neighbourhood Development (ND) Zone in the Urban Boundary that has
access to full municipal water and sanitary sewer service, one (1) Detached
Accessory Dwelling Unit shall be permitted on the same lot. Notwithstanding
Subsection 6.43 (c), where a lot contains a permitted Detached Accessory Dwelling
Unit, only one (1) Accessory Dwelling Unit shall be permitted in any single
detached, semi-detached or rowhouse/townhouse dwelling in addition to the main
dwelling unit.
(e) A Detached Accessory Dwelling Unit that is contained within or added onto an
Accessory Building that existed prior to By-law 12-2024 being approved on January
29, 2024 shall be subject to the regulations of Subsection 6.1 (b), (d) and (e).
(f) A Detached Accessory Dwelling Unit that is contained within a new Accessory
Building shall be subject to the following regulations:
a. Maximum Lot Coverage - 15%
b. Location on Parcel - Shall be located in an interior side yard or the rear
yard only
c. Minimum Interior Side Yard:
i.
1 storey - 1.00 m
ii.
1.5 storey - 1.50 m
iii.
2 storey - 2.00 m
d. Minimum Exterior Side Yard - 3.00 m, except that an attached garage or
carport which faces the exterior side lot line shall be located no closer than
SECTION 6 - GENERAL PROVISIONS
6.44
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
6.00 m to the exterior side lot line.
e. Maximum Building Height
i.
2 storeys or the same number of storeys as the main dwelling,
whichever is less.
ii.
The maximum height shall be the same as the main dwelling or
8.00 m, whichever is less.
(g) The maximum floor area for each Accessory Dwelling Unit shall not exceed 40% of
the total floor area of the main dwelling or 100 sq m, whichever is lesser. Where a
portion of the basement of the dwelling is occupied by an Accessory Dwelling Unit,
the occupied floor area of the basement shall be included in the calculation of the
total floor area. If located in the basement of the main dwelling the Accessory
Dwelling Unit may occupy the entire basement area.
(h) One parking space must be provided on site for each Accessory Dwelling Unit and
Detached Accessory Dwelling Unit. Tandem parking is permitted for Accessory
Dwelling Units and Detached Accessory Dwelling Units to the maximum depth of
two parking spaces.
(i) If a single detached dwelling, semi-detached dwelling or townhouse dwelling is
permitted in a non-Residential Zone by way of site-specific Zoning Exception,
Accessory Dwelling Units / a Detached Accessory Dwelling Unit are permitted as
per part (a) through (h) above.
6.44
MINOR YARD VIOLATIONS AFTER 10 YEARS (deleted by By-law 128-2018)
6.45 LOTS COMPOSED OF TWO OR MORE LOTS (By-law 3-2002)
Nothing in this by-law shall prevent the erection, alteration, extension or
enlargement of a building or structure on lands composed of two or more
contiguous lots, and such lots may be treated as one lot when calculating lot
coverage and yard setback requirements, provided all of the requirements of the
appropriate zone are complied with, and the owner of the lands has entered into
a site plan agreement with the Town of Fort Erie in accordance with Section 41 of
the Planning Act R.S.O. 1990 c. P. 13 as amended from time to time or any
successor thereto together with any regulations made thereunder.
6.46 REFUSE COLLECTION AREAS
Any refuse collection area except for deep collection units shall be enclosed
within a covered building, or screened from view through the use of solid
materials such as board-on-board fencing and/or decorative brick or block, and;
Such refuse collection areas except for deep collection units may not be located
in any front yard or any other yard abutting a street.
SECTION 6 - GENERAL PROVISIONS
6.45
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
6.47 AVERAGE SETBACKS
a) Notwithstanding any other front yard requirements of this by-law, a dwelling or
dwelling addition to be erected in an R1, R2, R2A, R3, RM1, WRR or RR
Zone, on a lot where abutting lots on both sides fronting on the same street
are occupied by dwellings, may have a minimum front yard depth equal to or
greater than the average front yard depth of the dwellings on the two abutting
lots.
b) Notwithstanding any other front yard requirements of this by-law, a dwelling or
dwelling addition to be erected in an R1, R2, R2A, R3, RM1, WRR or RR
Zone on a corner lot where the abutting lot fronting on the same street is
occupied by a dwelling, may have a minimum front yard depth equal to or
greater than the front yard depth of the dwelling on the abutting lot but shall
not be less than 1 m except that the dwelling must comply with the
requirements for daylighting triangles in Section 6.31.
6.48
YARD SETBACKS FOR LOTS ABUTTING LAKE ERIE (By-law 100-05)
Notwithstanding any other yard requirements of this by-law, any building or any
addition thereto in the vicinity of Lake Erie shall be set back a minimum of 30.0 m
from the 1-in-100-year flood elevation as determined by the Niagara Peninsula
Conservation Authority.
6.49 FLOODPROOFING AREAS
New buildings and structures shall only be erected in areas delineated as
Floodproofing Areas on Schedule "A" in accordance with the following minimum
building opening elevations prescribed in this subsection.
FLOODPROOFING AREA NO. 1
New permitted buildings and structures shall be floodproofed with no openings
below 176.5 m elevation.
FLOODPROOFING AREA NO. 2
New permitted buildings and structures shall be floodproofed with no openings
below 177.5 m elevation.
6.50 OUTDOOR PATIOS ASSOCIATED WITH EATING ESTABLISHMENTS
AND/OR TAVERNS (By-law 90-04)
For any outdoor patio associated with any eating establishment and/or tavern in
any zone where such use is permitted, the following provisions shall apply:
(a)
No part of any outdoor patio shall be used as a place of entertainment for
SECTION 6 - GENERAL PROVISIONS
6.46
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
the purpose of providing entertainment or amusement of any kind and
without restricting the generality of the foregoing, entertainment or
amusement includes live or recorded music, dance facilities, theatrical
performances, video games, film presentations, video screens or
televisions between the hours of 11:00 P.M. and 11:00 A.M. if any part of
such patio is located within 60.0 metres of a Residential Zone.
(b)
No part of any outdoor patio shall be located within 20.0 metres of a
residential zone.
(c)
The seating capacity of the outdoor patio shall not exceed 50 percent of
the seating capacity of the eating establishment and/or tavern with which
the patio is associated.
(d)
No outdoor patio shall be constructed in a way that would remove on-site
parking spaces required by this Zoning By-law.
(e)
No outdoor patio shall be located on any municipal road allowance or any
other property owned by the Town unless a valid permit therefore has
been issued by the Town.
(f)
The outdoor patio must be able to provide easy access to the municipal lot
servicing laterals.
6.51
MODEL HOMES IN DRAFT APPROVED PLANS OF SUBDIVISION
Notwithstanding any other provision of this By-law, where a model home
agreement has been executed (signed) by the owner, more than one dwelling
may be constructed on a lot prior to registration of the plan of subdivision subject
to the following restrictions:
(a) The use shall be permitted in the zone in which the dwelling is located;
(b) The dwelling unit shall be used for the purpose of a model home only and
shall not be occupied as a dwelling unit prior to the date of the registration of
the subdivision;
(c) The maximum number of model homes shall not exceed five (5) dwelling
units or a maximum of 10% of the total number of lots within the plan of
subdivision proposed for registration, whichever is less;
(d) The model home shall comply with all other provisions of this By-law, as
though the dwellings and/or units were constructed on the lot within the
registered plan of subdivision; and
SECTION 6 - GENERAL PROVISIONS
6.47
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
(e)
The model home shall comply with all applicable terms and conditions of
the said subdivision agreement.
6.52 PET DAY CARE ESTABLISHMENTS
In addition to the regulations governing the zone in which it is proposed to be
located, the following additional provisions shall apply to "Pet Day Care
Establishments":
a) The establishment shall operate only between the hours of 7:00 am and 8:00 pm
b) An establishment wholly enclosed within a building shall not be located closer
than 150.0 m to any Residential Zone
c) In the case of an establishment which also includes an outdoor run, the outdoor
run area shall not be located closer than 150.0 m to any Residential Zone nor
any closer than 150.0 m to any residential dwelling unit, exclusive of the Pet Day
Care Establishment operator's dwelling unit
d) Any outdoor run associated with a Pet Day Care Establishment shall be enclosed
with solidly constructed fencing so as to fully obstruct the visibility of the
neighbouring properties from the pets and being capable of preventing the
escape of pets.
e) In the Agricultural (A) and Rural (RU) Zones, Pet Day Care Establishments,
regardless of whether or not they are located in the same building as a dwelling,
shall be considered to be agricultural buildings for the purposes of Section 7.4
and 8.3 of Zoning By-law 129-90.
6.53
EXISTING LOTS OF RECORD
Vacant undersized lots of record outside the urban area boundary will require septic
system approval from the Regional Municipality of Niagara.
6.54
CONVERTED SHIPPING/CARGO CONTAINERS AS ACCESSORY USES
All converted shipping/cargo containers shall be a maximum width of 2.5 metres
and a maximum length of 6.1 metres
a)
Agricultural, Rural Zones
i)
A maximum of one converted shipping/cargo container will be
permitted as an accessory to a residential use subject to the
accessory use provisions in each zone.
SECTION 6 - GENERAL PROVISIONS
6.48
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
ii)
Stacking shall not be permitted
b)
Residential Zones
i)
A maximum of one converted shipping/cargo container will be
permitted as an accessory to a residential use subject to the
accessory use provisions in each zone.
ii)
Stacking shall not be permitted.
c)
Institutional, and Public Zones
i)
A maximum of one converted shipping/cargo container will be
permitted as an accessory use subject to the accessory use
provisions in each zone.
ii)
Stacking shall not be permitted.
d)
Commercial Zones
A converted shipping/cargo container will be permitted as accessory to a
commercial use subject to the following special provisions:
i)
Two (2) converted shipping/cargo containers shall be permitted on all
commercially zoned properties within the Town.
ii)
A shipping/cargo container shall be located in the rear yard only.
iii)
A shipping/cargo container shall have a minimum rear yard setback of
3 metres if the shipping/cargo container is 4.5 metres high or less.
iv)
A shipping/cargo container shall have a minimum rear yard setback of
4.5 metres if the shipping/cargo container exceeds 4.5metres in
height.
v)
A maximum of one converted shipping/cargo container will be
permitted as an accessory use in conjunction with a residential use in
all commercial zones.
vi)
Stacking shall not be permitted.
e)
Open Space Zones
i)
A maximum of two converted shipping/cargo containers will be
permitted as an accessory use subject to the accessory use
SECTION 6 - GENERAL PROVISIONS
6.49
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
provisions in the open space zones.
6.55 SHIPPING/CARGO CONTAINERS IN AGRICULTURAL, RURAL AND
INDUSTRIAL ZONES
a)
Agricultural Zones
i)
A maximum of one shipping/cargo container per 4 ha of lot area not
exceeding a total of 4 shipping/cargo containers on an agricultural lot.
ii)
Container must be screened from view.
iii)
Located behind existing buildings or structures.
iv)
Stacking shall not be permitted.
b)
Rural Zones
i)
A maximum of one shipping/cargo container per 2.5 ha of lot area not
exceeding a total of 2 shipping containers on a rural lot.
ii)
Container must be screened from view.
iii)
Located behind existing buildings or structures.
iv)
Stacking shall not be permitted.
c)
Industrial Zones
i)
Shipping/Cargo containers are permitted as an accessory use
provided they are located in an interior side yard or rear yard only and
screen from view from any street or road allowance.
ii)
Stacking shall not be permitted.
6.56
COMMUNITY GARDENS
(a) Notwithstanding any other provision of this By-law, a Community Garden
shall be permitted in all zones except:
(i) Industrial (IN) Zone
(ii) Prestige Industrial (PI) Zone
(iii) Dry Industrial (DI) Zone
(iv) Extractive Industrial (EI) Zone
SECTION 6 - GENERAL PROVISIONS
6.50
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
(v) Environmental Protection (EP) Zone
(vi) Dune Protection (DP) Zone
(b) Notwithstanding anything to the contrary, a Community Garden is prohibited
within a Daylighting Triangle or on any Town, Regional or Provincial land
without written permission from the relevant authority.
(c) Cannabis/marihuana plants in a Community Garden are prohibited.
(d) The maximum area permitted on a lot for a Community Garden is 93.00
sq. m.
(e) All parking associated with a Community Garden must be accommodated
on site.
(f) Use of a Community Garden for commercial purposes is not permitted.
ILLUSTRATIONS
The following illustrations are for clarification and convenience and do not form part of this by-
law.
SECTION 6 - GENERAL PROVISIONS
6.51
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
SECTION 6 - GENERAL PROVISIONS
6.52
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
SECTION 6 - GENERAL PROVISIONS
6.53
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
SECTION 6 - GENERAL PROVISIONS
6.54
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
SECTION 6 - GENERAL PROVISIONS
6.55
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
SECTION 6 - GENERAL PROVISIONS
6.56
TOWN OF FORT ERIE COMPREHENSIVE ZONING BY-LAW 129-90
OFFICE CONSOLIDATION
6.58
SHORT TERM RENTALS
a)
General Regulations for Short Term Rentals
(i) A Short-Term Rental shall meet the requirements of the Town's Business
Licensing By-law, as amended from time to time.
(ii) A Short-Term Rental shall be operated within a permitted dwelling unit.
(iii) All dwelling units on the property, including units containing Short-Term
Rentals, must comply with applicable zoning and building standards for
dwelling units.
(iv) Short-Term Rentals shall meet the parking requirements of Section 6.20.
b)
Owner Occupied Short-Term Rentals
An Owner-Occupied Short-Term Rental is permitted as a secondary use subject
to the following additional requirements:
(i) A maximum of one (1) Owner-Occupied Short-Term Rental may be operated
on a property so long as the owner is a full-time resident within a separate
dwelling unit on the property and present at the time of rental.
(ii) Owner-Occupied Short-Term Rentals shall only be permitted as a secondary
use within, or accessory to, a permitted single detached dwelling, semi-
detached dwelling, Duplex, Triplex.
c)
Dedicated Short-Term Rentals
(i) Within permitted residential zones, a maximum of one dwelling unit shall be
permitted to be used as a Dedicated Short-Term Rental on a property.
(ii) Within permitted residential zones, a Dedicated Short-Term Rental shall only
be permitted within a single detached dwelling or within a detached accessory
dwelling unit.
(iii) Notwithstanding the general provisions for Short-Term Rentals, Short-Term
Rentals may be located in any dwelling unit in a commercial zone, subject to
provisions 18.2 and 18.3."