Community Planning Permit By-law Section 3 General Provisions — full text, Gananoque, Ontario

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17 Town of Gananoque -- Development Permit By-law 3.1 ACCESSORY BUILDINGS, STRUCTURES AND USES Where a lot is devoted to a permitted use, customary accessory uses, buildings and structures are authorized provided that:  All accessory uses, buildings and structures to a permitted principal use shall be located on the same lot and in the same designation as the principal use.  The use of any accessory building for human habitation is not permitted except where speciﬁ cally listed as a permitted use.  No accessory Buildings, Structures and Uses shall be located closer to the front lot line or the exterior side lot line setback of the designation where it is located. Notwithstanding the foregoing no accessory Buildings, Structures and Uses are permitted closer to the front lot line or exterior lot line than the main structure.  Accessory Buildings, Structures and Uses abutting a laneway should also refer to section 3.18.  Except where speciﬁ ed otherwise, no accessory Buildings, Structures and Uses shall be located closer than 1.0 m (3.2 ft.) to any interior side lot line, rear lot line or the main building.  Any building or structure which is attached to the main building shall not be considered an accessory building or structure.  Accessory uses, excluding outdoor swimming pools, shall not cover more than 10% in any residential designation or more than 20% of the total lot area in any non-residential designation.  The maximum gross ﬂ oor area of any accessory building may not exceed 100m2 (1,076 ft2) in a residential designation. This shall be calculated as part of the maximum lot coverage permitted in any designation.  Air conditioners shall not be permitted within a minimum interior side yard setback. 3.0 GENERAL PROVISIONS 18 Town of Gananoque -- Development Permit By-law Despite Section 3.1 above, a boat house, shed, dock or wharf may be located in the front yard, side yard or rear yard where a lot abuts a navigable waterway, provided that the approval of any governmental authority having jurisdiction has been obtained and provided that the boat house, dock or wharf is located not closer than 3.0 m (9.8 ft.) to the nearest adjacent lot line and does not encroach on adjacent frontage when the lot boundaries are extended into the water. The maximum height of accessory buildings shall be 4.5 metres (14.8 feet) 3.2 AUTO SERVICE STATION, COMMERCIAL GARAGE, GASOLINE BAR, CAR WASHING ESTABLISHMENT Despite any other provisions contained in this By-law, for all designations within which an automobile service station, gasoline bar, and/or car washing establishment is permitted the following shall apply: Gasoline Pump Island Location The minimum distance between the gasoline pump island, pumps and their related overhead canopies and any pump shall be 6.0 m (19.7 ft.) from any lot and street line. Where the lot is a corner lot, no portion of any gasoline pump island shall be located closer than 3 m (9.8 ft.) to a sight triangle. Separation of Propane Tanks No person shall erect or use a tank for the storage of propane for sale at an automobile service station or gas bar or on any other property where PERMITTED LOCATIONS FOR BOAT HOUSE, DOCK OR WHARF 19 Town of Gananoque -- Development Permit By-law vehicle fuel may be dispensed unless a license has been obtained from the Ministry of Consumer and Commercial Relations and the location is in compliance with the requirements under the Ontario Propane Code. Access and Egress The combined width of any entrance or exit measured at the front lot line or exterior side lot line shall not be greater than 9 m (29.5 ft). The minimum distance of any access from a street intersection shall be 12 m (39.4 ft) and the minimum distance between accesses shall be 7.5 m (24.6 ft.). The minimum distance between an interior side lot line and any driveway shall be 3 m (9.8 ft.). 3.3 BOUNDARY INTERPRETATION When interpreting designation boundaries, as illustrated on Schedules A, B and C and forming an integral part of this By-Law, the following provisions shall apply: 1. A boundary indicated as following a highway, street or lane shall be the centre line of such highway, street or lane; 2. A boundary indicated as following a watercourse, creek, stream or the right-of-way of a railway or an electrical, gas or oil transmission line shall be the centre line of such watercourse, creek, stream or right-of-way; 3. A boundary indicated as following the shoreline shall follow such shoreline, and in the event of a change in the shoreline, the boundary shall be construed as moving with the actual shoreline; 4. A boundary indicated as approximately following lot lines shown on a Registered Plan of Subdivision, or Reference Plan, or Town lot lines shall follow such lot lines. Where a boundary is indicated as approximately parallel to a street line or other feature as stated in clauses 1, 2 and 3 above, and the distance from such street line or other feature is not indicated, and clause 4 above is not applicable, such boundary shall be construed as being parallel to such street line or other feature, and the distance from there shall be determined according to the scale shown on the applicable Schedule. A boundary indicated as following the limits of the Municipality shall follow such limits. 20 Town of Gananoque -- Development Permit By-law In the event a dedicated street, lane or right-of-way shown on any Schedule forming part of this By-Law is closed, the property formerly in such street, land or right-of-way shall be included within the designation of the adjoining property on either side of such closed street, lane or right- of- way. If a closed street, lane or right-of-way is the boundary between two or more different designations the new designation boundaries shall be the former centre line of the closed street, lane or right-of-way. 3.4 BUILDINGS TO BE MOVED No building or structure shall be moved within the limits of the Town or shall be moved from outside the Town into the Town unless the building or structure is a permitted use and satisﬁ es all the requirements of the designation in which it is to be located and then only after a permit has been obtained from the Chief Building Ofﬁ cial. 3.5 CEMETERY Cemeteries shall solely conform to the Cemeteries Act. 3.6 CONFLICTING STANDARD The available building area left on a lot after the required minimum yards have been established may not necessarily be greater than or equal to the maximum lot coverage permitted. Where there is a discrepancy, the more restrictive standards shall apply. Where there are any other conﬂ icting requirements in this By-law, the more restrictive standards shall apply unless speciﬁ cally stated otherwise. Where any provision of this By-law conﬂ icts with the provisions of any regulation, By-law or statute of any other government authority, the higher or more stringent standard shall prevail. 21 Town of Gananoque -- Development Permit By-law 3.7 CUMULATIVE STANDARDS Despite anything contained in this By-law, where any land, building or structure is used for more than one purpose, all provisions of this By- law relating to each use shall be complied with. 3.8 DANGEROUS SUBSTANCES No use shall be permitted which, from its nature or the materials used therein, is declared to be a noxious trade, business or manufacture under The Health, Protection and Promotion Act or regulations thereunder. 3.9 DAY NURSERY Private home day nurseries are permitted in all designations where residential uses are permitted as a principal use. Such day nurseries shall comply with the provisions of the Day Nurseries Act. 3.10 DRIVE THROUGH OPERATIONS Automobile drive through establishments are only permitted in the Gateway Commercial, Progressive Commercial District and Employment designations. A drive through facility may be provided in conjunction with any restaurant, bank or bank machine, a gasoline pump at a gas bar or service station, a pharmacy or drug store or with any use that is associated with a shopping centre. A trafﬁ c impact study may be required before approval to support the proposed development. The study shall illustrate trafﬁ c patterns and controls. Where multiple drive through facilities are proposed all drive through facilities must be considered within the trafﬁ c impact study. A drive through facility is required to provide off-street motor vehicle queuing space as outlined section 3.33; All queuing spaces must be 2.75 metres (9.0 feet) in width by 6 metres (19.7 feet) in length. All queuing spaces must be separated by at least 3 metres (9.8 feet) from any residential use. Any yard abutting a residential use must be screened by solid fencing at least 1.5 metres (4.9 feet) in height. 22 Town of Gananoque -- Development Permit By-law All drive through facilities must provide screening from any public right of way to minimize any visual impacts of the use. Pedestrian walkways should not intersect the drive through aisles, but where they do, they shall have clear visibility, and they must be emphasized by enriched paving or striping. 3.11 DWELLING UNITS BELOW GRADE Location No dwelling unit shall in its entirety be located in a cellar. However, a portion of a dwelling unit may be located in a cellar provided such portion of the dwelling unit shall be used only as a furnace room, laundry room, storage room, recreation room, or for similar use only and shall not be used for sleeping accommodations. A dwelling unit, in its entirety, may be located in a basement provided that the ﬁ nished ﬂ oor level of such basement is located above the level of the sanitary or storm sewer serving the buildings or structure in which such basement is located or provided that the dwelling unit is serviced by an appropriate sewage pumping facility. Yard Provisions Where a dwelling unit is located in a non-residential building, such dwelling unit shall comply with the yard provisions of this By-law which apply to the non-residential building. 23 Town of Gananoque -- Development Permit By-law 3.12 ESTABLISHED BUILDING LINE IN BUILT-UP AREA Notwithstanding the yard setback provisions of the By-law to the contrary, where a permitted building is to be erected on a lot in a built- up area, such permitted building may be erected closer to the street line or the centreline of the street as the case may be if the existing buildings(s) on the adjacent lot(s) is (are) closer to the street line or centreline than the By law provisions permit. For a proposed building where buildings on both adjacent lots are closer than By-law provisions would permit, setback and yard provisions are calculated as follows: the total of the sum of the two existing adjacent setbacks or yard with the sum divided by two; For a proposed building where building on one adjacent lot is closer than By-law provisions would permit, setback and yard provisions are calculated as follows: the sum of the existing adjacent setback or yard plus the adjacent By-law requirement, with the sum divided by two; For a proposed building where buildings on both adjacent lots meet By law requirement, normal By-law requirements shall apply. 3.13 EXCEPTION DESIGNATION Where a designation symbol is followed by the sufﬁ x "-X" this shall mean that a speciﬁ c exception is being made to one or more of the standards of that designation for a speciﬁ c area governed by the By-law. All other provisions of the By-law shall continue to apply. A number after the "-X" (eg. R-X1) indicates the order of the various exception designations. 3.14 EXISTING LOTS Where additional land is added to an existing lot which complies with this by-law (such as a lot addition or road allowance closure), the new lot conﬁ guration is deemed to conform to the By-Law. Where there is a developed existing lot that does not meet the minimum setback requirements of the designation, construction of additions or accessory structures shall be permitted provided that the proposal complies with all other provisions of the By-Law. 24 Town of Gananoque -- Development Permit By-law Where a land acquisition by any public authority results in a change to the conﬁ guration of a lot that before said change conformed to the By- Law but will not conform when land acquisition is complete, such lot is deemed to comply. 3.15 EXTERIOR DESIGN Elements of exterior design are subject to the provisions outlined in Sections 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14 of this By-Law. All proposals must include elevation drawings. Notwithstanding the foregoing, if the Manager of Community Development or designated alternate reviews the proposal and determines that the proposed development will have no or minimal impact on adjacent properties the requirement for elevation drawings may be waived. 3.16 FENCES Any fence erected hereafter within the municipality shall conform to the provisions of any Fence By-Law as may from time-to-time be enacted under the Municipal Act or the provisions of the Line Fences Act. 3.17 FRONTAGE ON A PUBLIC STREET, ROAD, LANEWAY OR WATER No person shall erect any building or structure in any designation unless the lot upon which such building or structure is to be erected has sufﬁ cient frontage on a public road or street maintained year round, as per the requirements of the applicable designation except for the following:  A communications facility;  A public utility; Exception for Existing Agreements Despite Section 3.18, where a maintenance agreement exists between the municipality and a land owner and is registered on title, frontage on an unassumed, unopened or unmaintained public right-of-way shall be deemed to conform to the provisions of this section, provided that such frontage is in conformity with the standards set out in the corresponding designation or any exception thereto. 25 Town of Gananoque -- Development Permit By-law Despite Section 3.18, where an access agreement registered on title between or amongst landowners that provides for a right-of-way to an existing lot which is developed for a single detached dwelling or seasonal dwelling as of the date of the passing of this By Law, such uses shall be deemed to conform with the provisions of this By-Law for access. Ministry of Transportation Access Requirements In addition to all the requirements of the Corporation, all development adjacent to any Provincial Highway is also subject to the requirements and permits of the Ministry of Transportation. Frontage on More Than One Street Where a lot fronts on more than one street and is not a corner lot, the requirement for front yards contained in this By-law shall apply to each yard abutting the street in accordance with the provisions of the designation or designations in which such lot is located. Frontage on a Laneway Where a lot has frontage only on a laneway, the yard requirements shall apply in accordance with the provisions of the designation or designation in which such lot is located. The yard abutting the laneway shall be considered the front yard for setback purposes for accessory Buildings, Structures and Uses. Frontage on Water Where a lot fronts on a watercourse or waterbody and a street, the frontage requirement for setbacks contained in this By-law shall apply to both the waterfrontage and the street frontage. All other setback requirements shall continue to apply. Despite the foregoing accessory structures are allowed as per the requirements of section 3.1. 3.18 GARAGES AND STORAGE SHEDS Detached garages and storage sheds are subject to the provisions of Section 3.1, Section 3.14 and Section 3.17. 3.19 GROUP HOMES Group Homes shall be permitted in all designations that allow residential uses provided that they are licensed by the Province. 26 Town of Gananoque -- Development Permit By-law 3.20 HEIGHT EXCEPTIONS Where height limitations are set forth in this By-law, such limitations shall not apply to water tanks, ﬂ ag poles, lightning rods, lighting standards, ventilators, skylights, mechanical equipment penthouses, air conditioning ducts, antennae, satellite dishes, church steeples, belfries, clock tower, chimneys, electrical supply facilities, an ornamental roof structure that contains no ﬂ oor area, and communications towers. Notwithstanding the foregoing, limitations prescribed by the Federal Ministry of Transport or practices recommended by the Ministry with respect to height limitations shall prevail. 3.21 HERITAGE TOURIST INNS All Heritage Tourist Inns shall be required to submit a Heritage Resource Assessment to conﬁ rm the heritage and architectural merit of the existing built form prior to commencement of the use. 3.22 HOME OCCUPATIONS Home occupation shall be permitted within a residence or an accessory building or both for the same home occupation. Further guidance is provided in section 15, Home Occupation. Residential Designations Home occupation shall be permitted as an accessory use in residential designations in accordance with the following provisions:  The business is conducted by a person(s) residing on the premises.  No more than two persons, other than a person(s) residing on the premises shall be engaged in the business.  Not more than 25% of the total ﬂ oor area of the dwelling shall be used for such purposes.  A home occupation may be located in whole or in part in an accessory building however the total ﬂ oor area of the home occupation shall not exceed 25% of the total ﬂ oor area of the dwelling  Where instruction is carried on, no more than 5 pupils are in attendance at one time. 27 Town of Gananoque -- Development Permit By-law  The activity shall not create or become a nuisance, in particular, in regard to noise, odour, vibration, dust, fumes, trafﬁ c or parking outside the property limits.  No mechanical or electrical equipment is used except that which is reasonably consistent with the residential use of the dwelling.  One parking space per 20 m2 of ﬂ oor area used for the home occupation and one parking space per employee shall be provided in addition to the required parking for the residential use.  No outside storage is permitted. Non-residential Designations Home occupation shall be permitted in residential units as an accessory use in non-residential designations in accordance with the following provisions:  The business shall be conducted by a person(s) residing on the premises.  No more than 2 persons, other than a person(s) residing on the premises, shall be engaged in the home occupation.  No more than 25% of the ﬂ oor area of the dwelling unit shall be used for the home occupation. Where the home occupation is located in an accessory building, 100% of such building may be used for the home occupation.  Open storage may be permitted for the home occupation provided such storage is a minimum of 15 m (49.2 ft.) from any lot line and a minimum of 45 m (147.6 ft.) from a residential use on another lot and provided that the open storage area is no more than 20 m2 (215 ft2). All open storage areas adjacent to any residential use shall be screened and buffered through the use of a 3 metre (9.8 ft.) landscaped area.  One parking space per 20 m2 of ﬂ oor area used for the home occupation plus one parking space per employee shall be provided in addition to any other required parking spaces. 28 Town of Gananoque -- Development Permit By-law 3.23 ILLUMINATION Illumination of buildings and grounds shall be permitted provided that:  Illumination shall not cause direct or indirect glare on a street that may interfere with trafﬁ c or pedestrian safety.  Illumination shall not consist of a colour or be so designed or located that it may be confused with trafﬁ c signals.  Illumination shall not cause direct or indirect glare on adjacent properties. 3.24 LANDSCAPED OPEN SPACE Provisions for landscaped open space with respect to buffering non- compatible land uses are set forth in the speciﬁ c land use designations of this By-Law. In any Residential, Commercial, or Employment designation any portion of any front yard which is not used for any other permitted use shall be exclusively devoted to landscaped open space. Any land used for landscaped open space shall be included in the calculations of lot area, yard requirements, etc. as set forth in this By- Law. Where landscaping is required as a buffer, such landscaping shall be continuous except for lanes, driveways, aisles or walkways which provide access to the lot. 3.25 LAND SUITABILITY FOR USE AND ORGANIC SOILS Despite any other provision of this By-Law, no habitable building or structure shall be constructed, erected, altered or used on land which, by reason of its rocky, low lying, marshy, unstable character or which is located or may be located on organic soil unless the proponent or applicant for development can demonstrate conclusively using scientiﬁ c approaches that the physical constraint can be mitigated or overcome and that the requirements of the Ontario Building Code with respect to construction and the requirements of the Ontario Water Resources Act and the Environmental Protection Act with respect to the installation of an individual on-site sewage and water system can be met. 29 Town of Gananoque -- Development Permit By-law Size of Loading Space Each loading space shall be at least 14 m long, 3.5 m wide and have a vertical clearance of 4.5 m. Location The required loading spaces shall be provided on the lot occupied by the building or structure for which the spaces are required and such spaces shall not form part of any street or required parking area, and shall not be located within a required front yard or exterior side yard. Access Access to loading spaces shall be by means of a driveway at least 3.5 m wide for one way trafﬁ c and 6.0 m wide for two way trafﬁ c and located within the lot on which the loading spaces are located. Cumulative Standards Where there are two or more uses located on the same lot, the loading space requirements shall be the sum of the requirement for each use. FLOOR AREA OF THE BUILDING NUMBER OF LOADING SPACES 0 1 2 250 square metres or less Exceeding 250 square metres but not more than 1000 square metres Exceeding 1000 square metres but not more than 7,500 square metres 2 plus 1 additional space for each additional 7,500 square metres of ﬂ oor area or fraction thereof in excess of 7,500 square metres Exceeding 7,500 square metres 3.26 LOADING REQUIREMENTS The owner or occupant of any lot, building or structure located in an Industrial or Commercial Designation which involves the frequent receiving, shipping, loading or unloading of goods, wares, merchandise or raw materials shall provide and maintain on the lot occupied by the building or structure, loading spaces in accordance with the following regulations: Number of Spaces Required The number of loading spaces provided shall be in accordance with the ﬂ oor area of the building or structure as follows: 30 Town of Gananoque -- Development Permit By-law Additions to Buildings The loading space requirements shall not apply to any building or structure in existence at the date of passing this By-law so long as the ﬂ oor area, as it existed at such date, is not increased. If an addition is made to the building or structure which increases the ﬂ oor area, then additional loading space shall be provided as required in Section 3.27 for such addition. Notwithstanding the foregoing there is no requirement for loading spaces within the Commercial Traditional Core, Lowertown or Garden Street Special Exception designations. 3.27 LOTS DIVIDED INTO MORE THAN ONE DESIGNATION Where a lot is divided into more than one designation, each such portion of the lot shall be used in accordance with the provisions of this By-law for the designation where such portion of the lot is located. Each such portion of the lot shall be considered as a separate lot for the purpose of determining designation provisions. 3.28 NON- CONFORMING AND NON-COMPLYING USES Continuance of Existing Uses Nothing in this By-Law shall apply to prevent the use of any land, building or structure for any purpose prohibited by the By-Law if such land, building or structure was lawfully used for such purpose on the day of the passing of the By-Law so long as it continues to be used for that purpose. 31 Town of Gananoque -- Development Permit By-law Extension or Expansion of Existing Uses Where the use of any land, building or structure is prohibited under this by-law, such land, building or structure shall not be extended or enlarged except through a Class II Development permit, provided that the non-conforming use of the building or structure existed on the day of the passing of this by-law and continues to be used for such purpose. Prior Building Permits Nothing in this By-Law shall prevent the erection or use of any building or structure for which a building permit has been issued under the Building Code Act prior to the passing of this By-Law, so long as the building or structure when erected is used and continues to be used for the purpose for which it was erected and provided the permit has not been revoked under the Building Code Act. Road Widenings Nothing in this By-Law shall prevent the use of any land, building or structure or the erection of any building or structure on a lot which does not comply to the minimum lot frontage and/or lot area and/or front yard setback and in the case of a corner lot, the side yard setback, as a result of a road widening taken by the Town of Gananoque, United Counties of Leeds and Grenville or the Ministry of Transportation of Ontario, provided all other requirements of this By-law are complied with. Reconstruction or Repair of Existing Building A building or structure being used for a legal non-conforming use may be reconstructed, renovated, repaired or strengthened to a safer condition where such building or structure was lawfully used for such purpose on the day of the passing of this by-law and continues to be used for such purpose, provided that the building or structure is constructed in conformity with the requirements of this by-law. Where such building or structure is also an existing legal non-conforming building or structure, the building or structure may be reconstructed, renovated, repaired or strengthened to a safer condition provided that the building or structure does not further reduce any zoning requirements. 32 Town of Gananoque -- Development Permit By-law Addition to Existing Building or Structure Nothing in this By-Law shall prevent the renovation, extension or addition to a building, structure or private sanitary sewage disposal system which is used for a purpose speciﬁ cally permitted within the zone in which such building or structure is located and which building or structure existed at the date of passing of this By-law but which building or structure does not comply with one or more of the zone requirements of this By-Law, provided such renovation, extension or addition does not further reduce the requirements of this By-Law or any requirements of Ministries or agencies. Existing Undersized Lots Despite anything else contained in this By-Law, where a vacant lot lawfully created having a lesser frontage and/or area than is required by this By-Law is held under distinct and separate ownership from adjoining lots, according to the register for land in the Land Titles or Registry Ofﬁ ce, on the date of the passing of this By-Law, it may be used for a purpose permitted in the designation in which the said lot is located, provided it can be adequately serviced and that all other applicable provisions in this By-Law are met. Accessory Buildings Nothing in this By-Law shall prevent the erection of a building accessory to an existing non-conforming use provided that such accessory building complies with all relevant provisions of this By-Law. Change in Use The non-conforming use of any land, building or structure shall not be changed except to a use which is in conformity with the provisions of the designation in which the land, building or structure is located, without a Class II Development Permit. Non-Conforming by Reason of Metric Conversion Existing lots, buildings and uses which cannot meet one or more metric standards in this By-Law but which can meet the approximate value of the imperial equivalent standard shall not be deemed non-conforming for this reason only. 33 Town of Gananoque -- Development Permit By-law 3.29 NOXIOUS USES No use shall be permitted which from its nature or the materials used therein, is declared to be a noxious trade, business or manufacture by the Public Health Act or any regulations made thereunder. 3.30 OCCUPANCY RESTRICTIONS Human habitation shall not be permitted in any of the following buildings, structures, or parts thereof unless the building, structure, or parts thereof meet all requirements of the Fire Code, the Ontario Building Code and any other applicable regulations, policies, or Acts:  Any private garage or other building which is accessory to a residential use;  A cellar;  Any truck, bus, recreational vehicle, coach or streetcar body whether or not it is mounted on wheels;  A houseboat. 3.31 OUTSIDE STORAGE, SALES AND DISPLAY No person shall use any lot or part thereof for outside storage, sales or display except as permitted by this By-law and as an area which has been speciﬁ cally designed and set aside for such purpose, is fully integrated with the main use of the lot and is in accordance with the following:  Outside storage shall not be permitted within any required front yard and no closer than 5.0 m (16.4 ft.) to any side or rear lot line.  Where outside storage areas abut a designation in which residential uses are permitted, the required setback of the outside storage area shall be increased to 10.0 (32.8 ft.) and must also be visually screened from any designation in which residential uses are permitted.  Any areas used for outside storage shall be in addition to any minimum off-street parking or loading areas required by this By 34 Town of Gananoque -- Development Permit By-law law.  The above provisions do not apply to the outside storage for Home Occupation in non-residential designations 3.32 PARKING AND STORAGE OF VEHICLES Except as provided herein, no vehicles shall be parked or stored in a designation in which residential uses are permitted unless the vehicle is located within a garage, carport, driveway, designated parking area or on a street as permitted by Municipal By-law. No parking space in a designation in which residential uses are permitted shall be used for the outdoor parking or storage of a motor vehicle unless such vehicle is used in operations incidental to the main permitted use of the lot on which it is parked or stored and bears a motor vehicle license plate or sticker which is currently valid. Commercial vehicles shall not be parked within any Residential Zone except for the purpose of delivery of goods, wares and merchandise where delivery is carried on in the ordinary course of business except one commercial vehicle having a gross vehicle weight not greater than 3000 kg may be allowed per dwelling unit. Each standard parking space shall have a minimum width of 3.0 m (9.8 ft.) and a minimum length of 6.0 m (19.7 ft.). Each barrier-free parking space shall have a minimum width of 3.0 m (9.8 ft.) and a minimum length of 6.0 m (19.7 ft.) and shall provide for an aisle of 1.5 metres (4.9 feet) in between each barrier-free parking space. Unless permitted elsewhere in this By-law, where two or more uses are permitted in any one building or on any one lot, then the off-street parking requirements for each use shall be calculated as if each use is a separate use, and the total number of off-street parking spaces so calculated shall be provided. When a building or structure has, at the time of the passing of this By-law, insufﬁ cient parking to comply with the requirements herein, this By-law shall not be interpreted to require that the deﬁ ciency be made up prior to the construction of any addition, change of use, or replacement in whole or in part, of any such building or structure. However, no addition, change of use or replacement may occur, the 35 Town of Gananoque -- Development Permit By-law effect of which would be an increase in that deﬁ ciency. Parking area for more than four vehicles, supplementary regulations: The parking area shall be constructed of asphalt paving, concrete, paver stones, or similar materials and shall incorporate drainage facilities that comply with the requirements of the Corporation. Such parking areas shall be visually enhanced through vegetative plantings and appropriate landscape elements such as fencing, trees, shrubs, lighting, street furniture and artistic elements. Ingress and egress directly to and from every parking space shall be by means of a driveway, lane or aisle having a width of at least 6.0 m (19.7 ft.) for two-way trafﬁ c and 3.5 m (11.5 ft.) for one-way trafﬁ c. A driveway or lane which does not provide ingress and egress directly to a parking space, shall have a minimum width of 3.5 m (11.5 ft.) where designed for one-way vehicular circulation or 6.0 m (19.7 ft.) where designed for two-way vehicular circulation. Barrier Free Parking One barrier-free parking space shall be provided for every 20 standard parking spaces or part thereof and shall be included in the total number of parking spaces required under the Schedule for Parking Requirements. Location and Number of Spaces The required parking for residential uses of land shall be provided on the same lot as the dwelling unit. In all other designations, parking shall be provided within 100 m (328 ft.) of the building or lot it is intended to serve, subject to an agreement, deed or renewable lease which provides for same. Despite Section 3.33 the calculation of the minimum parking space requirement results in a fraction, the minimum requirement shall be the next higher whole number. Cash in Lieu of Parking On lands where the required number of parking spaces cannot be provided as outlined below the applicant may provide cash in lieu of the required parking in any designation. The General Fees and Rates By-law, as amended from time to time outlines the required fees. A Class II BARRIER FREE PARKING 36 Town of Gananoque -- Development Permit By-law development agreement is required. Schedule for Parking Requirements In any designation, the owner or occupant of any building or structure erected, enlarged or changed in use after the date of passing of this TYPE OF USE MINIMUM NUMBER OF REQUIRED PARKING SPACES 2 spaces per residential dwelling unit (single, semi and duplex) Row and Apartment dwellings require 1.25 spaces per dwelling unit Residential 3 spaces per service bay plus 1 space per employee Auto body shop, auto repair shop, auto service station, gas bar 1 space for every 4 seats, ﬁ xed or otherwise and where there are no seats, 1 space for every 10 square metres (107.6 square feet) of assembly space Assembly hall, auditorium, dance hall, stadium, theatre and similar places of public assembly 1 space per guest room plus 2 spaces for the proprietors of the establishment Bed and Breakfast Establishment / Heritage Tourrist Inn 1 space per each 20 square metres (215.2 square feet) of gross ﬂ oor area and 1 space for each 35 square metres (376.2 square feet) of open storage Building supply store, lumber yard, garden centre, nursery 6 spaces per doctor Clinic As per section 3.22 Home Occupations 1 space per 20 square metres (215.2 square feet) of gross ﬂ oor area, minimum 5 spaces General business, retail store, convenience store, grocery store, commercial and personal service establishment, bank, ofﬁ ce, meeting rooms, professional ofﬁ ce or funeral parlour 2 deeded spaces provided on mainland Residential Island 1 space per 92.9 square metres (1000 square feet) Furniture Store 1 space per employee and 1 space per 5 children Day Nursery - licensed 1 space per 10 square metres (107.6 square feet) of gross ﬂ oor area Restaurant, restaurant drive-in, beverage establishment, tavern, road house 1 space per guest unit, plus 1 space for each 6 persons of designated seating capacity of any accessory eating establishment Hotel, motel, tourist outﬁ tters (with road access) 1 space per 95 square metres (1,022.6 square feet) of gross ﬂ oor area plus 1 space per every 3 employees per shift Manufacturing, industrial storage or wholesale, warehouse 1 space for every 6 patients beds plus 1 space for every 4 employees Nursing home, home for the aged, long-term care facility 1 space for every ﬁ ve seats, ﬁ xed or otherwise Place of Worship 37 Town of Gananoque -- Development Permit By-law Notwithstanding the foregoing there is no requirement for parking in the Commercial Traditional Core. Queuing Spaces Required Where any of the uses permitted by this by-law offer drive-through service, off-street vehicle queuing spaces leading to and from the drive- through service must be provided in accordance with the following table: 3.33 PRIVATE SWIMMING POOLS Private swimming pools, both above-ground and in-ground, outdoor and indoor, shall be permitted subject to any By-law of the Town regarding swimming pools and the following requirements: Outdoor Pools Any building or structure, other than a dwelling, required for changing clothing or pumping, ﬁ ltering or storage or any similar purposes shall comply with the provisions respecting accessory uses and structures. No part of an outdoor pool including an associated apron or platform which is in a side yard shall be constructed closer to a street line than the setback requirements in the designation within which it is located nor closer to the lot line in a rear yard than the minimum distance required for an accessory use or structure. TYPE OF USE QUEUING SPACES 3 spaces 6 spaces 6 spaces Bank or Bank Machine Car Wash Conveyor Type Car Wash Automatic Type 4 spaces Car Wash Manual Type 3 spaces per pump island Gas Bar 11 spaces Restaurant 4 spaces Service Station 3 spaces Any other use TYPE OF USE MINIMUM NUMBER OF REQUIRED PARKING SPACES Two spaces per classroom School 1 space per 30 square metres (322.9 square feet) of gross ﬂ oor area All other uses not listed above 38 Town of Gananoque -- Development Permit By-law Indoor Pools Indoor pools which are not an integral part of a dwelling unit or part of a municipal or private recreational facility shall conform with the accessory building requirements contained in section 3.1. 3.34 PUBLIC USES Any land may be used and any building or structure may be erected or used for the purpose of a public service by the Corporation or by local Boards, Commissions or Committees thereof, any department or agent of the United Counties of Leeds and Grenville or the Government of Ontario or Canada, including Hydro One Networks Inc., provided that:  The lot coverage, setback and yard requirements prescribed for the designation in which such land, building or structure is located shall be complied with, except for transmission facilities for gas, telephone, cable and electric power (i.e. poles, towers, lines and similar elements);  No goods, material, or equipment shall be stored in the open except where allowed in a speciﬁ c designation.  Any building or structure erected in a Residential Designation under the authority of sections 4 and 5 shall be designed and maintained in general harmony with the residential buildings of the type permitted in the designation. A development permit shall be required for public uses within any residential designation. 3.35 PERMITTED PROJECTIONS Every part of any yard required by this By-law shall be open and unobstructed by any structure from the ground to the sky except that those structures listed in the following table shall be permitted to project into the minimum yards required by this By-law for the following speciﬁ ed distances: STRUCTURE MAXIMUM PROJECTION INTO REQUIRED YARD 2.0 metres (6.5 feet) into any required yard Canopies which are at least 2.13 metres (7 feet) in vertical clearance above the established grade, with or without supporting posts 0.75 metre (2.46 feet) into any required front, rear or side yard Chimney breasts, cornices, sills, bay windows, pilasters, eaves or gutters 39 Town of Gananoque -- Development Permit By-law STRUCTURE MAXIMUM PROJECTION INTO REQUIRED YARD 1.2 metres (3.9 feet) into any required yard Window awnings No maximum into any required yard Steps, ramps for use by handicapped, and walkways No maximum into any side yard and 3.0 metres (9.8 feet) into any required front of rear yard Unenclosed porch, patio, balconies or steps Despite any other provisions in this By-Law, a canopy or portico over a major entrance to an apartment building or commercial building may project into the required yard a distance equal to one-half (1/2) the setback of the building from the street line Canopies for entrances to apartment buildings and commercial buildings 1.0 metres (3.28 feet) into any rear yard or exterior side yard Air conditioners 3.36 PROHIBITED USES Except as speciﬁ cally permitted in this By-Law, the following uses are prohibited: Except as otherwise speciﬁ cally permitted in this By-law, no land shall be used and no building or structure shall be erected, altered or used for any purpose that creates or is likely to become a nuisance or offensive, or both, to an adjacent property holder or to the general public. All uses speciﬁ cally not identiﬁ ed within each designation are not permitted unless a Class III Development Permit is approved. Facilities for the housing and care of livestock are a prohibited use except in the Rural designation. 3.37 PROVISIONAL APPROVALS A Development Permit may be approved and issued by the approval authority in accordance with the provisions of this By-Law. Provisional approval is deﬁ ned as approval in principal subject to certain conditions of approval being met to the satisfaction of the Town of Gananoque. 40 Town of Gananoque -- Development Permit By-law The applicant has a maximum of one (1) year from the date of the issuance of a conditional approval to fulﬁ ll the condition or conditions of approval before approval lapses. An extension of approval may be given upon submission of formal request to the Manager of Community Development or alternate. The extension of approval shall be limited to a period of one (1) additional year from the date of lapsing of the original conditional approval. Amendments To Provisional Approvals Or Development Permits Proposed amendments to a Provisional Approval of Development Permit will be reviewed in accordance with the relevant sections of this By-Law. 3.38 PROVISIONS FOR THE HANDLING AND TRANSFER OF PROPANE AND NATURAL GAS Facilities relating to the handling and transfer of propane and natural gas, including tanks and associated compressors, pumps and other similar facilities shall not be located in any required front, side, exterior side or rear yard. All facilities must be setback a minimum of 30 metres (98.4 feet) from any residential use. Notwithstanding the above the 30 metre (98.4 feet) setback from residential uses may be reduced in accordance with the ﬁ ndings and recommendations of a Noise Impact Assessment Study prepared by a qualiﬁ ed professional that there will be no adverse impact to residential uses and provided that a minimum six metre (19.6 feet) setback is maintained. 3.39 ROOMING OR BOARDING HOUSES Rooming or boarding houses are not permitted within any designation within the Town of Gananoque. 3.40 SECONDARY SUITES Secondary Suite shall mean a dwelling unit which is part of and accessory to a permitted non-residential building and is occupied by the family of the owner of the non-residential building or by the family of a person employed on the lot where such dwelling unit is located. Secondary Suites may be permitted subject to the following provisions: Secondary suites shall be permitted on a discretionary basis in any single family residential dwelling and will require a Class II Development Permit. 41 Town of Gananoque -- Development Permit By-law A secondary suite shall be capable of integration into the principal dwelling once the secondary suite use is no longer required. All approvals are subject to a Class II Development Permit. A Secondary Suite shall only be permitted in a single dwelling unit and where a separate external entrance is provided to the secondary suite, such entrance shall not be located on the same street elevation as the principle entrance to the primary dwelling. At no time shall there be more than one (1) additional bedroom created by the provision of the secondary suite. The secondary suite may not be larger than twenty-ﬁ ve (25) percent of the gross ﬂ oor area of the primary dwelling. All secondary suites will be required to submit documentation that demonstrates Ontario Building Code compliancy. 3.41 SETBACKS FROM A WATERCOURSE A setback of 30 metres (98.4 feet) is required from a watercourse for all development except as follows: Where the shoreline has been hardened by means of a break wall the setback may be varied to 15 metres (49.2 feet) Where it can be demonstrated through an Environmental Impact Study (EIS) prepared by a qualiﬁ ed professional that there will be no adverse impacts to the watercourse, the 30 metre (98.4 feet) setback may be reduced in accordance with the recommendations of the EIS. The following shoreline accessory structures are permitted within the 30 metre (98.4 feet) setback:  Boathouse to a maximum length of 8 metres (28.2 feet) and;  Boatport to a maximum length of 8 metres (28.2 feet) and;  Dock to a maximum length of 8 metres (28.2 feet) and;  Stairs and landings, provided that the landings do not exceed the width of the stairs they serve and are not greater in width than 2.5 metres (8.2 feet) and;  Shed not exceeding 10 square metres (108 square feet). A boathouse may be used for the purpose of human habitation providing the structure can meet the requirements of Section 13 Waterfront Overlay and the underlying designation. 42 Town of Gananoque -- Development Permit By-law The maximum height of a boathouse or boatport shall not exceed 4.25 metres (14.7 feet). All accessory structures within 30 metres (98.4 feet) of a watercourse shall require a Class II Development Permit. Notwithstanding the foregoing a boathouse will require a Class III Development Permit. 3.42 SITE ALTERATION OR VEGETATION REMOVAL All development proposed on lands with frontage on a watercourse are required to submit a landscape plan that identiﬁ es vegetation within 30 metres (98.4 feet) of the watercourse. All shorelines are to provide for naturalized environments with the exception of the accessory structures as permitted herein. The removal of vegetation is limited to 25% of the total waterfrontage to a maximum of 15 metres (49.2 feet). Notwithstanding the foregoing if the proposed development can demonstrate no adverse impact to the watercourse by means of an Environmental Impact Statement (EIS) undertaken by a professional qualiﬁ ed to perform the evaluation, the standards outlined above may be varied by a Class III Development Permit. Distinctive trees in all areas of the Town shall be protected. Any proposal to remove or destroy a distinctive tree shall be subject to a Class I Development Permit application. The report will be reviewed by staff. Staff will issue the Class I Development Permit as long as it has been demonstrated that: The Development Permit may include conditions that are recommended by an arborist or good arboricultural practice and measures to be implemented to protect the retained trees during construction. Replacement of trees species shall be carried out in accordance with good arboricultural practices. Notwithstanding anything in this by-law to the contrary normal maintenance of vegetation along the shoreline and the limbing of trees to pressure viewscapes are exempt from a Class I Development Permit. 43 Town of Gananoque -- Development Permit By-law 3.43 SIGHT TRIANGLES Notwithstanding any provisions of this By-law to the contrary, within any area deﬁ ned as sight triangle, the following uses shall be prohibited:  A building, structure or use which would obstruct the vision of drivers of motor vehicles.  A fence or tree, hedge, bush or other vegetation, other than agricultural crops, the top of which exceeds 1.0 metre in height above the elevation of the centrelines of abutting streets.  A parking area.  A ﬁ nished grade which exceeds the elevation of the centrelines of abutting streets by more than 0.5 metres. For the purpose of this By-Law, the following sight distances shall apply:  4.5 metres (14.7 ft) in all residential designations  ﬁ fteen(15) metres (49.2 ft.) for all apartment buildings  ﬁ fteen (15) metres (49.2 ft.) in all commercial and industrial designations;  ten (10) metres (32.8 ft.) in all other designations. 3.44 SPECIAL SETBACKS No person shall use any land, building or structure for a sensitive use (e.g. residential use, daycare centre, educational or health facility) unless it complies with the following minimum distance separations, inﬂ uence areas or special setbacks distances, inﬂ uences areas or setbacks shall be measured as set out for the respective requirement. Setbacks From Slopes Where any lot is adjacent to or traversed by an Unstable Slope as established by the Province and designation Environmental Constraint (EC) as shown on Schedule A to this By law, any building or structure to be erected thereon, (including a septic tank or tile ﬁ eld, swimming pool or underground structure) shall be set back from the top of the slope a minimum of 15 metres. The minimum setback may be reduced or eliminated provided a geotechnical study conclusively demonstrates that the reduction or elimination of the setback will not result in an unsafe structure. SIGHT TRIANGLES 44 Town of Gananoque -- Development Permit By-law This provision does not apply to permitted marine facilities, marinas or transmission facilities for gas, telephone, cable or hydro or to ﬂ ood control or slope stabilization structures. Industrial Uses Class I Industrial: The minimum separation distance from a sensitive land use (e.g. residential use, daycare centre, educational or health facility) shall be 70 m (230 ft.) measured from the property line of the industrial use which is closest to the main wall of the sensitive land use. Class II Industrial: The minimum separation distance for this industrial classiﬁ cation from a sensitive land use (e.g. residential use, daycare centre, educational or health facility) shall be 300 m (984 ft.) measured from the property line of the industrial use which is closest to the main wall of the sensitive land use. Class III Industrial: The minimum separation distance for this industrial classiﬁ cation from a sensitive land use (e.g. residential use, daycare centre, educational or health facility) shall be 1,000 m (3,280 ft.) measured from the property line of the industrial use which is closest to the main wall of the sensitive land use. Class I, II and III separation distances may be reduced where it is demonstrated through a technical study prepared in accordance with current Ministry of the Environment guidelines that a lesser separation distance is appropriate. 3.45 STREETS AND PARKS In any designation established by this By-law, streets, walkways, recreational paths and parks are permitted. 3.46 STREETSCAPE AND PUBLIC TRAIL DESIGN Speciﬁ c streets and pathways have been identiﬁ ed within the Lowertown Master Plan as contributing to a cohesive community that is accessible to all and provides strong pedestrian linkage. Regard for the elements of design shall be required for all development applications. 45 Town of Gananoque -- Development Permit By-law 3.47 TEMPORARY BUILDINGS OR STRUCTURES DURING CONSTRUCTION Nothing in this By-law shall prevent the use of land or the use or erection of a temporary building or structure or a scaffold or other equipment essential to the construction in progress for which a building permit has been granted, but only until such time as the work has been ﬁ nished or abandoned or such equipment is no longer required. In addition, temporary accommodation for a business or other use which is intended to occupy a building which is under construction with the work in progress on such building, may be temporarily permitted on the same lot in the form of a mobile, re-locatable, portable or transportable building provided that: Approval is obtained pursuant to the matters contained herein; and Such temporary accommodation is removed from the lot immediately upon completion of construction, abandonment of construction or at such time as in the opinion of the Corporation it is no longer required. 3.48 VARIATIONS Variations to this By-Law may be permitted subject to a formal application to the Town of Gananoque. Approval of variations to By-law standards are subject to the following procedures: Staff may vary the standards, provisions and requirements of this By- Law as per the speciﬁ c criteria below and the Ofﬁ cial Plan of the Town of Gananoque; Council may vary the standards, provisions and requirements of the Development Permit By-Law up to 100% of the stated standards subject to the criteria outlined below and provided that the proposal is consistent with and complies with both the Ofﬁ cial Plan of the Town of Gananoque and the Provincial Policy Statement 2005 of the Province of Ontario and any other legislation as applicable. The following regulatory standards, provisions and design requirements and/or administrative provisions shall be evaluated and adhered to before approval and issuance of a development permit:  Residential development will occur in an orderly and logical fashion, and will be serviced by full municipal services except as otherwise permitted herein. Development and re- development of inﬁ ll lots will be encouraged and compact 46 Town of Gananoque -- Development Permit By-law development will be supported. The preservation of the existing small-town character of the community is a priority.  All development proposals will be evaluated with regard to enhancing the community as a desirable place to live, work, play and visit.  Development will be restricted from areas of environmental hazards and/or physical limitations, such as poor drainage, organic soils, ﬂ ood susceptibility and erosion or steep slopes unless the proposal is shown to mitigate the hazard and physical limitations.  All development proposals will require demonstration of conformity to the Ofﬁ cial Plan of the Town of Gananoque and the Provincial Policy Statement, 2005. Supporting studies and reports may be required to demonstrate same prior to the approval and issuance of any development permit.  All development proposals will be evaluated with respect to adverse impacts as deﬁ ned herein. The applicant will be required to demonstrate no adverse impact or provide for buffering to mitigate the adverse impact prior to the approval and issuance of any development permit.  Development proposals shall be subject to all requirements of this By-Law.  A Development Permit will be issued by staff when satisﬁ ed that all criteria of this By-law have been met or as directed by Council. Notwithstanding the foregoing, if the criteria of this By-Law have not been met the application may be denied. The applicant may appeal the decision to the Ontario Municipal Board or make application to amend this By-Law. 3.49 WATER AND SEWAGE DISPOSAL SYSTEMS Future development shall proceed on the basis of municipal water and sewers and storm drainage except as otherwise indicated herein. Full municipal services means piped sewage and water services that are connected to a centralized water and waste water treatment facility. Calculations for the uncommitted reserve capacity of water and sewer systems will be required, where necessary, to determine the capacity of services to support new development. 47 Town of Gananoque -- Development Permit By-law No person shall hereafter erect or use in whole or in part, any building or structure for any residential, commercial or industrial purposes on any land unless the use, building or structure is properly connected to an approved water supply and sewage disposal system and the applicant possesses a valid Certiﬁ cate of Approval. Notwithstanding the foregoing, the Town may consider permitting alternative servicing for speciﬁ c properties subject to the approval and issuance of a Class III Development Permit. This will only be considered in isolated cases where full municipal services cannot be extended due to technical reasons. Alternative servicing may include individual on-site systems or communal services. Where residential development on private services is proposed, it shall be on lots which are sufﬁ ciently large to satisfy the Lanark Leeds and Grenville Health Unit requirements for septic systems.