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DEVELOPMENT PERMIT BY-LAW
Being a by-law to regulate
land use and development on lands
within the Town of Gananoque
October 05 2010
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Town of Gananoque -- Development Permit By-law
TABLE OF CONTENT
1.0
EXPLANATORY NOTE AND INTENT ...................................................1
1.1
Development Permit System .................................................. 1
1.2
Development Permit Similarities and Differences with Existing
Land Use Regulations ........................................................... 1
1.3
Legitimacy and Approval Authority ......................................... 2
2.0
ADMINISTRATION ................................................................................3
2.1
Title .................................................................................... 3
2.2
Scope .................................................................................. 3
2.3
Administration ...................................................................... 3
2.4
Interpretation ....................................................................... 3
2.5
Conformity and Compliance with By-Law ................................ 4
2.6
Change in Use ...................................................................... 4
2.7
Obligation ............................................................................ 4
2.8
Unlawful Uses ...................................................................... 4
2.9
Inspection of Land, Buildings and Structures .......................... 5
2.10
Enforcement and Penalties .................................................... 5
2.11
Effective Date ...................................................................... 5
2.12
Repeal of Former By-Laws ..................................................... 6
2.13
Schedules to By-Laws ........................................................... 6
2.14
Development Permit Requirements ........................................ 6
2.15
Development Permit Areas .................................................... 7
2.16
Development Permit Exemptions ........................................... 7
2.17
Development Permit Classes .................................................. 8
2.17.1 Class I Development Permit ........................................ 8
2.17.2 Class II Development Permit ...................................... 9
2.17.3 Class III Development Permit ................................... 10
2.18
Development Permit Review Process .................................... 11
2.19
Approval Authority and Public Notice .................................... 12
2.19.1 Complete Application ............................................... 12
2.19.2 Notice Provisions ..................................................... 13
2.19.3 Requests for PAC Review for Class I Applications ....... 13
2.19.4 Requests for Council Review for Class II Applications . 13
2.19.5 Issuance of Development Permits ............................. 14
2.19.6 Conditions ............................................................... 14
3.0
GENERAL PROVISIONS ....................................................................17
3.1
Accessory Buildings, Structures and Uses ............................. 17
3.2
Auto Service Station, Commercial Garage, Gasoline Bar, Car
Washing Establishment ....................................................... 18
3.3
Boundary Interpretation ...................................................... 19
3.4
Buildings to be Moved ......................................................... 20
3.5
Cemetery ........................................................................... 20
3.6
Confl icting Standard ........................................................... 20
3.7
Cumulative Standards ......................................................... 21
3.8
Dangerous Substances ........................................................ 21
3.9
Day Nursery ....................................................................... 21
3.10
Drive Through Operations ................................................... 21
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Town of Gananoque -- Development Permit By-law
3.11
Dwelling Units Below Grade ................................................. 22
3.12
Established Building Line In Built-up Area ............................. 23
3.13
Exception Designation ......................................................... 23
3.14
Existing Lots ...................................................................... 23
3.15
Exterior Design ................................................................... 24
3.16
Fences .............................................................................. 24
3.17
Frontage on a Public Street, Road, Laneway or Water ........... 24
3.18
Garages and Storage Sheds ................................................ 25
3.19
Group Homes ..................................................................... 25
3.20
Height Exceptions ............................................................... 26
3.21
Heritage Tourist Inns .......................................................... 26
3.22
Home Occupations ............................................................. 26
3.23
Illumination........................................................................ 28
3.24
Landscaped Open Space ..................................................... 28
3.25
Land Suitability for Use and Organic Soils ............................. 28
3.26
Loading Requirements ........................................................ 29
3.27
Lots Divided Into More Than One Designation ...................... 30
3.28
Non-Conforming and Non-Complying Uses ........................... 30
3.29
Noxious Uses ..................................................................... 33
3.30
Occupancy Restrictions ....................................................... 33
3.31
Outside Storage, Sales and Display ...................................... 33
3.32
Parking and Storage of Vehicles ........................................... 34
3.33
Private Swimming Pools ...................................................... 37
3.34
Public Uses ........................................................................ 38
3.35
Permitted Projections .......................................................... 38
3.36
Prohibited Uses .................................................................. 39
3.37
Provisional Approvals .......................................................... 39
3.38
Provisions for the Handling and Transfer of Propane and Natural
Gas
.............................................................................. 40
3.39
Rooming or Boarding Houses .............................................. 40
3.40
Secondary Suites ................................................................ 40
3.41
Setbacks from a Watercourse .............................................. 41
3.42
Site Alterations or Vegetation Removal ................................. 42
3.43
Sight Triangles ................................................................... 43
3.44
Special Setbacks ................................................................. 43
3.45
Streets and Parks ............................................................... 44
3.46
Streetscape and Public Trail Design ...................................... 44
3.47
Temporary Buildings or Structures During Construction ......... 45
3.48
Variations........................................................................... 45
3.49
Water and Sewage Disposal Systems ................................... 46
4.0
LOWERTOWN MIXED USE ................................................................49
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Town of Gananoque -- Development Permit By-law
4.1
Uses .................................................................................. 49
4.2
Provisions - Permitted Non-Residential Uses ......................... 51
4.3
Provisions - Residential Uses ............................................... 52
4.4
Additional Provisions ........................................................... 55
4.4.1 Condominium provisions .......................................... 55
4.4.2 Multi-Unit Dwellings (Triplex, Townhomes and Apartment
Dwellings) ............................................................... 56
4.4.3 Discretionary Uses ................................................... 56
4.5
Design Criteria - Lowertown Mixed Use Designation ............. 57
4.6
Special Exceptions .............................................................. 59
5.0
DEVELOPMENT PERMIT AREA DESIGNATIONS ............................61
5.1
Lowertown Residential ........................................................ 61
5.1.1 Uses ....................................................................... 61
5.1.2 Provisions - Permitted Uses ...................................... 61
5.1.3 Provisions - Discretionary Uses ................................. 64
5.1.4 Design Criteria ......................................................... 64
5.1.5 Special Exceptions ................................................... 69
5.2
Traditional Residential ......................................................... 71
5.2.1 Uses ....................................................................... 71
5.2.2 Provisions - Permitted Uses ...................................... 71
5.2.3 Additional Provisions - Discretionary Uses ................. 74
5.2.4 Design Criteria ......................................................... 74
5.2.5 Special Exceptions ................................................... 79
5.3
Residential ......................................................................... 81
5.3.1 Uses ....................................................................... 81
5.3.2 Provisions - Permitted Uses ...................................... 81
5.4
Additional Provisions ........................................................... 85
5.4.1 Condominium Provisions .......................................... 85
5.4.2 Multi-Unit Dwellings (Triplex, Townhomes and Apartment
Dwellings) ............................................................... 86
5.4.3 Discretionary Uses ................................................... 87
5.4.4 Design Criteria ......................................................... 87
5.4.5 North Garden Street Special Exception - 1, NGS-X1 ... 89
5.4.6 Residential Special Exception Designations ................ 90
5.5
Estate Residential ............................................................... 93
5.5.1 Uses ....................................................................... 93
5.5.2 Provisions - Permitted Uses ...................................... 93
5.5.3 Discretionary Uses ................................................... 93
5.5.4 Design Criteria ......................................................... 94
5.5.5 Special Exception Designations ................................. 97
6.0
COMMERCIAL TRADITIONAL CORE ................................................99
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Town of Gananoque -- Development Permit By-law
6.1
Uses .................................................................................. 99
6.2
Provisions - Permitted Uses................................................101
6.3
Additional Provisions - Residential ......................................101
6.4
Additional Provisions - Commercial .....................................101
6.5
Provisions Discretionary Use ...............................................101
6.6
Design Criteria - Traditional Commercial Core ......................102
6.7
Special Exceptions .............................................................109
7.0
PROGRESSIVE COMMERCIAL DISTRICT ......................................111
7.1
Uses .................................................................................111
7.2
Provisions - Permitted Uses................................................112
7.3
Additional Provisions - Residential ......................................112
7.4
Additional Provisions - Discretionary Use .............................112
7.5
Design Criteria - Progressive Commercial Designation ..........114
7.6
Special Exceptions .............................................................119
8.0
GATEWAY COMMERCIAL ................................................................121
8.1
Uses .................................................................................121
8.2
Provisions - Permitted Uses................................................122
8.3
Additional Provisions - Discretionary Use .............................122
8.4
Design Criteria - Gateway Commercial Designation ..............123
8.5
Special Exceptions .............................................................127
9.0
EMPLOYMENT DISTRICT .............................................................129
9.1
Uses .................................................................................129
9.2
Provisions - Permitted Uses................................................130
9.3
Additional Provisions - Discretionary Use .............................130
9.4
Design Criteria - Employment Designation ..........................131
9.5
Special Exceptions .............................................................135
10.0
RURAL ...............................................................................................137
10.1
Uses .................................................................................137
10.2
Provisions - Permitted Residential Uses ...............................137
10.3
Provisions - Non-Residential Uses .......................................138
10.4
Additional Provisions - Residential Uses ..............................138
10.5
Additional Provisions - Discretionary Uses ...........................138
10.6
Special Exceptions .............................................................139
11.0
OPEN SPACE ....................................................................................141
11.1
Use ..................................................................................141
11.2
Provisions - Permitted Uses................................................141
11.3
Additional Provisions ..........................................................142
11.4
Design Criteria - Open Space .............................................142
11.5
Special Exceptions .............................................................143
12.0
ENVIRONMENTAL CONSTRAINTS .................................................145
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Town of Gananoque -- Development Permit By-law
12.1
Use ..................................................................................145
12.2
Provisions - Permitted Residential Uses ...............................145
12.3
Additional Provisions - Discretionary Uses ...........................145
12.4
Additional Provisions ..........................................................146
12.5
Special Exceptions .............................................................147
13.0
WATERFRONT OVERLAY ................................................................149
13.1
Use ..................................................................................149
13.2
Provisions - Permitted Uses................................................149
13.3
Additional Provisions ..........................................................149
13.4
Design Criteria - Waterfront Overlay ...................................150
14.0
ENTRANCE OVERLAY .....................................................................153
14.1
Use ..................................................................................153
14.2
Provisions - Permitted Uses................................................153
14.3
Additional Provisions ..........................................................153
14.4
Design Criteria - Entrance Overlay ......................................154
15.0
DEFINITIONS .....................................................................................157
Appendix A - Examples of Designer Heritage Colours .............................219
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Town of Gananoque -- Development Permit By-law
1.0
EXPLANATORY NOTE AND INTENT
1.1
DEVELOPMENT PERMIT SYSTEM
The Province, in its 2007 revisions to the Planning Act, has provided for
a new development approval framework which combines fi ve (5) existing
systems into one (1). A Development Permit By-law replaces zoning, site
plan and minor variance approvals in areas of the municipality where
a Development Permit By-law has been approved in accordance with
the municipality's Offi cial Plan and the Planning Act. The Development
Permit By-law can also replace a Site Alteration By-law and Tree Cutting
by-law within the jurisdictional boundaries of the corporation. It should
be noted that the issuance of a Development Permit does not replace
the requirement for building permits under the Building Code Act or
approvals for the division of land under Section 50.1 of the Planning Act,
R.S.O., 1990 as amended.
The Development Permit By-Law clearly articulates and establishes
development requirements, provisions and standards that need to be
met before approval(s) can be issued. It provides for a streamlined
approach to development approvals and in addition allows for fl exibility
within a clearly articulated context. The Council of the Town of
Gananoque decided to move forward with the intent to implement
policies of the Offi cial Plan, streamline development and provide
for timely reviews of development proposals. These objectives are
articulated in the Town's vision statement:
To preserve and enhance the Town's unique
"small town" heritage, preserve our historic and
environmental character, and provide a high quality
of life through a sustainable development pattern.
The Town is divided into distinct areas on schedules which identify
specifi c land use designations. Provisions for new development, infi ll
and construction are outlined within the Development Permit By-Law's
text. The Development Permit By-law designations are consistent
with the designations in the Offi cial Plan and the By-law provisions
implement Offi cial Plan policies and directions provided for each specifi c
designation.
1.2
DEVELOPMENT PERMIT SIMILARITIES AND
DIFFERENCES WITH EXISITING LAND USE
REGULATIONS
The Development Permit By-law outlines requirements, standards and
provisions for the control of land use and development in a manner
which is similar to a Zoning By-Law. In addition it resembles a Site Plan
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Town of Gananoque -- Development Permit By-law
Control By-Law as it allows the municipality to require plans showing
the location, massing and conceptual design of any proposed building,
structure or comprehensive development.
It differs from traditional land use regulations by allowing discretionary
uses, conditional approvals, variations to standard requirements, control
of exterior design elements and control over the removal of vegetation
in specifi c areas. This provides staff and Council with fl exibility within
the context of the By-Law to review development proposals and provide
approvals without further site specifi c amendments to this By-Law.
1.3
LEGITIMACY AND APPROVAL AUTHORITY
All approvals issued through the Development Permit system must be
deemed to be consistent with the policies of the approved Offi cial Plan.
The permitted and discretionary uses as well as the development and
design standards of the Development Permit By-law were developed
through extensive consultation with the citizens of the Town of
Gananoque. It is both staff and Council's responsibility to uphold the
principles of this By-Law.
The Development Permit By-Law provides that Council may delegate
its approval authority to staff or to a Committee. The Development
Permit By-Law identifi es specifi c types of Development and the
associated approval authority. Notifi cation requirements specifi c to each
development stream have been outlined within the By-Law. Criteria have
been developed for ease of evaluation. The Development Permit By-law
provides for up front appeal procedures. The approval of the By-law
itself may be subject to an appeal to the Ontario Municipal Board. Once
the By-law is in full force and effect (i.e. no appeals or appeals resolved)
a development permit can not be appealed by third parties. Only the
applicant may appeal a decision or non decision of a development
permit application.
As with any by-law adopted under section 34 of the Planning Act this
By-Law may be amended by Council from time to time or by individuals
making application for amendment to the By-Law.
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Town of Gananoque -- Development Permit By-law
2.0
ADMINISTRATION
2.1
TITLE
This By-Law shall be referred to as the "Town of Gananoque
Development Permit By-Law" or "By-Law No. 2010-65"
2.2
SCOPE
The provisions of this By-Law apply to all the lands falling within the
municipal boundaries of the Corporation of the Town of Gananoque as
identifi ed on the attached schedules which form an integral part of this
By-law.
2.3
ADMINISTRATION
This By-Law shall be administered by the Manager of Community
Development or such other person as may from time to time be
designated by Council. No permit for the use of land or for the erection
or use of any building or structure or the approval of an application
for any municipal license within the jurisdiction of the Council shall be
issued or given where the proposed building, structure or use would be
a violation of any provision of this By-Law.
2.4
INTERPRETATION
The provisions of this By-Law are minimum requirements except where
a maximum requirement is specifi cally identifi ed.
The Interpretation Act, R.S.O., 1990 applies to this By-Law
Defi nitions are given in this By-Law to aid in the understanding and
implementation of the true spirit, intent and meaning of the By-law.
They are not to be used to avoid an obligation imposed by the By-Law
or any requirement enacted in a substantive provision of the By-Law.
For purposes of this By-Law the word "shall" means a mandatory
requirement.
This By-Law makes reference to the Town of Gananoque Offi cial Plan
and should be viewed and interpreted in combination with the Offi cial
Plan.
Conversion of metric numbers into imperial is provided for general
reference only. Where a discrepancy occurs between the metric number
and the approximate imperial conversion, the metric value will constitute
the requirement.
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Town of Gananoque -- Development Permit By-law
2.5
CONFORMITY AND COMPLIANCE WITH BY- LAW
Save as otherwise provided in this By-Law, no land, or building, or
structure shall be used for any purpose except as hereafter stated in this
By-Law and in conformity with all of the applicable provisions of this By-
Law.
Notwithstanding anything in this By-Law, no person shall reduce any
lot in dimensions, either by conveyance or other alienation of title of
any portion thereof, if the effect of such action is to cause the original,
adjoining, remaining or new building, structure, lot or use of land to be
in contravention of any provision of this By-Law. However, no person
shall be deemed to have contravened any provision of this By-Law by
reason of the fact that any part or parts of any lot has or have been
conveyed to or acquired by any Public Authority.
Any use or structure which had been deemed to be a non-conforming
use or structure in a predecessor By-Law shall be deemed to be non-
conforming if also in violation of any of the provisions of this By-Law.
Notwithstanding the above, the use or structure must pre-date the
predecessor By-Law and must have existed prior to September 2010.
2.6
CHANGE IN USE
If the use of a property is altered or changed to a different use, which
is permitted within the Development Permit Area, the property or use is
subject to all relevant provisions of the Development Permit Area.
2.7
OBLIGATION
Nothing in this By-Law shall relieve any person from the obligation to
comply with the requirements of the Ontario Building Code Act, and any
other By-Laws of the Town of Gananoque and provincial and federal
legislation.
2.8
UNLAWFUL USES
Any use established in violation of a predecessor of this By-Law is
deemed to have been established unlawfully. If any use which was in
violation of any predecessor of this By-law is now in conformity with
By-Law 2010-65, the Development Permit By-Law of the Town of
Gananoque, it shall now be deemed to be a lawful use.
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Town of Gananoque -- Development Permit By-law
2.9
INSPECTION OF LAND, BUILDINGS AND
STRUCTURES
Subject to Section 49 of the Planning Act R.S.O., 1990, the Manager
of Community Development or other such person as may from time
to time be designated by Council or any person acting under his or
her instructions, and upon producing proper identifi cation, is hereby
authorized to enter, at all reasonable times, upon any property or
premises for the purpose of carrying out his duties under this By-Law.
Notwithstanding any provision of Section 2.9 hereof to the contrary, no
offi cer or employee of the Corporation of the Town of Gananoque shall
enter any room or place actually being used as a dwelling unit without
obtaining the consent of the occupier, fi rst having informed the occupier
that the right of entry may be refused, except under the authority of a
search warrant issued under Section 158 of the Provincial Offences Act.
2.10
ENFORCEMENT AND PENALTIES
Every person who contravenes any of the provisions of this By-Law
is guilty of an offence and on conviction thereof shall forfeit and
pay a penalty for each such offence and every such penalty shall
be recoverable under the Provincial Offences Act, R.S.O., 1990 and
amendments thereto.
When a person who has been convicted of an offence under this By-
Law, any court of competent jurisdiction thereafter, may, in addition
to any other penalty imposed on the person convicted, issue an order
prohibiting the continuation or repetition of the offence or the doing
of any act or thing by the person convicted directed towards the
continuation or repetition of the offence.
The requirements of this By-Law are severable, if any requirements
of this By-Law are held invalid, the application of such requirements
to other circumstances and the remainder of this By-Law shall not be
affected.
2.11
EFFECTIVE DATE
This By-Law shall come into force in accordance with Section 9 of
the Development Permit Regulation as amended. (Ontario Regulation
608/06).
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Town of Gananoque -- Development Permit By-law
2.12
REPEAL OF FORMER BY-LAWS
On the day that this By-law comes into full force and effect, By-Law 91-
37, as amended, of the Town of Gananoque passed under Section 34 of
the Planning Act, R.S.O., 1990 shall hereby be repealed.
The adoption of this By-Law shall not prevent any pending or future
prosecution of, or action to abate any existing violation of the said By-
Law if the violation is also a violation of any of the provisions of this By-
Law.
2.13
SCHEDULES TO BY-LAWS
The following Schedules, which are attached hereto, form part of this
By-Law;
a)
Schedule A - Development Permit Areas
b)
Schedule B - Overlays:
I Waterfront Sector,
II Entrance Sector,
c)
Schedule C - Special Exception Designations
2.14
DEVELOPMENT PERMIT REQUIREMENTS
Except as outlined in Section 2.16 of this By-Law, all development within
the Town of Gananoque and as identifi ed on Schedules "A", "B" and
"C" to this By-Law shall require a development permit, subject to the
provisions of this By-Law. For the purposes of this By-Law, development
means:
a)
The construction, erection or placing of one or more buildings or
structures on land,
b)
The making of an addition or alteration to a building or structure
that has the effect of substantially increasing its size or usability,
c)
The laying out and establishment of a parking lot;
d)
The removal of vegetation within thirty (30) metres of the
Gananoque or the St. Lawrence Rivers in accordance with the
General Provisions as outlined in Section 3.43.
7
Town of Gananoque -- Development Permit By-law
2.15
DEVELOPMENT PERMIT AREAS
A Development Permit Area is a defi ned area that is shown on the
attached Schedule A to this By-Law and that is specifi cally designated as
one of the following:
a)
Lowertown Mixed Use
b)
Lowertown, Residential
c)
Traditional Residential
d)
Residential
e)
Estate Residential
f)
Commercial Traditional Core
g)
Progressive Commercial District
h)
Gateway Commercial
i)
Employment District
j)
Rural
j)
Open Space
k)
Environmental Constraint
The Development Permit Areas are further modifi ed by the following
Schedule B overlays:
i) I Waterfront Sector
ii) II Entrance Sector and;
Schedule C Development Permit Exceptions.
2.16
DEVELOPMENT PERMIT EXEMPTIONS
A Development Permit shall not be required for single dwelling units,
semi-detached dwelling units and duplex dwelling units provided
that such development or proposed development is deemed to be in
conformity with the requirements, standards and provisions within the
designated Residential Development Permit Area as shown on Schedule
A, Schedule B and Schedule C, and which is also in full conformity with
all of the following standards:
8
Town of Gananoque -- Development Permit By-law
a)
Development is setback a minimum 30 metres (98.4 feet) from
any watercourse;
b)
No site alteration or vegetation removal is required or proposed
within 30 metres of the Gananoque or St. Lawrence Rivers.
In addition a Development Permit shall not be required for the following:
a)
Any Development that has previously been approved through
Site Plan Control may proceed with Development in accordance
with the approved Site Plan.
b)
Any necessary repairs or maintenance to existing development.
c)
The placement of a portable classroom on a school site of
a district school board is exempt from the requirement for
a development permit if the school site was in existence on
January 1, 2007.
Development proposals which meet the above noted criteria may
proceed to the building department for building permit review.
2.17
DEVELOPMENT PERMIT CLASSES
Three streams of approval have been developed to provide consistency
and transparency and to provide the ability to increase the level of
review and approval controls based on the requested variation to
the standards, the scale of the proposed development, the need for
securities and the potential for off site impacts.
2.17.1 Class I Development Permit
A Class I Development Permit shall be required under the following
circumstances where the result is a minor variation from approved
standards and criteria:
1.
Where the development generally meets the requirements,
standards and provisions of the Development Permit Area but
requires relief from one or more of those requirements. In such
cases it must be demonstrated that:
a) There is no impact to adjacent properties or where the
proposed development would result in minor impact(s) on
adjacent properties and such impacts can be mitigated
through on-site works; and
9
Town of Gananoque -- Development Permit By-law
b) The development proposal is an appropriate land use which
is permitted within the designation; and
c) The development proposal is in conformity with the Offi cial
Plan and the Provincial Policy Statement as amended; and
d) The development's proposed variation from area standards
will not negativity impact the area's character.
2.
Where the applicant is required to formally recognize an
existing legal non-conforming use or non-complying use.
3.
Where the type, location and scale of the proposed
development is such that there is no municipal requirement for
a security / performance deposit to guarantee on-site or off-site
works.
4.
Where development is proposed within any Residential
designation and is either:
a) Single Family Dwelling
b) Semi-Detached Dwelling
c) Townhouse
d) Duplex or;
within the Open Space Area and;
requires limited relief from the standards, provisions and
requirements of By-Law 2010-65.
2.17.2 Class II Development Permit
A Class II Development Permit shall be required under any one or more
of the following circumstances:
1.
Where the municipality has received a request to have a Class I
Permit reviewed by Planning Advisory Committee in accordance
with Section 2.19.3 of this By-law; or
2.
Where the development generally does not meet the
requirements, standards and provisions of the Development
Permit Area and requires relief from one or more of those
requirements provided that;
10
Town of Gananoque -- Development Permit By-law
a) Impact(s) on adjacent properties can be mitigated through
on-site and \ or off-site works; and
b) The development proposal is an appropriate land use within
the designation; and
c) The development proposal is in conformity with the Offi cial
Plan and the Provincial Policy Statement as amended; and /
or
3.
The proposed development is a discretionary use in the
Development Permit Area.
4.
The proposed development is a temporary use as defi ned in
Section 3.48 of this By-law.
2.17.3 Class III Development Permit
A Class III Development Permit shall be required under any one or more
of the following circumstances:
1.
Where the municipality has received a request to have a Class
II Permit reviewed by Council in accordance with Section 2.19.4
of this By-law; or
2.
Where the development generally does not meet the
requirements, standards and provisions of the Development
Permit Area and requires relief from one or more of those
requirements provided that;
a) Impact(s) on adjacent properties can be mitigated through
on-site and \ or off-site works; and
b) The development proposal is an appropriate land use within
the designation; and
c) The development proposal is in conformity with the Offi cial
Plan and the Provincial Policy Statement as amended; and /
or
3.
Where the municipality requires technical studies or reports
such as a Traffi c Impact Study, Servicing Options Report,
Environmental Impact Study or any other study or report which
may be required to ensure a full and complete review of the
proposed development.
11
Town of Gananoque -- Development Permit By-law
4.
Where off site works such as the extension of municipal
services, road improvements, stormwater management facilities
etc. are required.
2.18
DEVELOPMENT PERMIT REVIEW PROCESS
APPLICATION RECEIVED AND REVIEWED BY
THE PLANNING APPROVALS COORDINATOR
PRE-CONSULTATION
Class I
Staff reviews and
makes decision.
Class II
Staff prepares report for
Planning Advisory Committee
(PAC). Review and decision.
DECLARATION OF COMPLETE APPLICATION
ISSUED WITHIN 10 DAYS OF RECEIPT
Approval
Staff issues DP
Refusal
Applicant may
appeal to OMB
Class III
Staff provides notice as
required by sectioin 2.17.2,
prepares report for PAC review
and recommendation to
Council for Council decision.
Elevate
Elevate
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Town of Gananoque -- Development Permit By-law
2.19
APPROVAL AUTHORITY AND PUBLIC NOTICE
2.19.1 Complete Application
A complete application shall include all of the following elements:
1.
A signed "Confi rmation of Pre-Consultation Form"
2.
A fully completed and signed Development Permit Application
Form
3.
Submission of the required application fees
4.
Submission of all required Plans and Drawings
5.
Submission of any required technical reports of studies. These
studies or information may include, but are not limited to:
a) A servicing options report;
b) A hydrogeological study;
c) A drainage and/or stormwater management report;
d) An Environmental Impact Assessment for a natural heritage
feature or area;
e) An Archaeological Assessment;
f) An infl uence area study for development in proximity to a
waste management facility or industrial use;
g) A traffi c study;
h) A mine hazard rehabilitation assessment;
i) A Phase I Environmental Study and if necessary further
investigation as required;
j) A noise and/or vibration study;
k) A source water protection study;
l) A minimum separation distance calculation for an industrial
use or a waste management facility;
m) Confi rmation on suffi cient reserve sewage system capacity
and reserve water system capacity.
CLASS OF
DEVELOPMENT
PERMIT
NOTIFICATION
REQUIREMENTS
APPROVAL
None
- Posting of property
- Circulation of properties within
120 metres of the subject lands
Planning Approvals
Coordinator
Planning Advisory
Committee
Class I
Class II
- Posting of property
- Circulation of properties within
120 metres of the subject lands
Council
Class III
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Town of Gananoque -- Development Permit By-law
n) Vegetation Inventory and /or Tree Preservation Plan.
p) Heritage Resource Assessment
The Manager of Community Development will evaluate each application
within ten (10) working days of its submission and to determine whether
the application is complete or whether additional information is required.
The applicant will receive formal correspondence from the Planning and
Approvals Coordinator within ten (10) business days of receipt of said
application. The timelines for review will commence on the date when
the application is considered complete.
2.19.2 Notice Provisions:
Notice of a complete Class II and Class III Development Permit
application shall be issued within ten (10) working days of the receipt
of a Complete Application as described in Section 2.19.1. Notice shall
be posted on site and circulated to properties within 120 metres of the
subject lands. The notice shall include an explanation of the purpose
and effect of the application, a contact name and phone number to
obtain additional information or to submit comments or concerns and
the deadline for the submission of comments. The notice will allow for
a minimum of 15 (fi fteen) days prior to the meeting of the Planning
Advisory Committee where the item is to be considered.
2.19.3 Requests for PAC Review for Class I Applications
A Class I Development Permit Application may be referred to PAC by the
Manager of Community Development where the Manager of Community
Development is of the opinion that the application would benefi t from
PAC review. The applicant will be advised of the referral decision and
the date of PAC review within ten (10) days of the date the application
was declared complete.
2.19.4 Requests for Council Review for Class II Applications
Any Development Permit Application may be referred to Council by
means of a written request to the Manager of Community Development.
Requests may be forwarded by personal service, ordinary mail, email
or facsimile and must include the name and address of the person or
organization requesting the referral to Council as well as the reason(s)
for the request. Requests must be received within ten (10) days of the
date that notice was provided.
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Town of Gananoque -- Development Permit By-law
2.19.5 Issuance of Development Permits
Council hereby delegates to staff, the authority to issue provisional
approvals and development permits, in accordance with the following:
Class I permits shall be issued by the Manager of Community
Development;
Class II permits shall be issued by the Manager of Community
Development as authorized by the Planning Advisory Committee or
Council subject to policies outlined in Section 2.18 of this By-law.
Class III permits shall be issued by the Manager of Community
Development as authorized by Council subject to the policies outlined in
Section 2.18 of this By-Law.
2.19.6 Conditions
Where a Development Permit is required in accordance with the
provisions of this Bylaw, the Corporation may impose conditions and
grant provisional approval prior to fi nal approval.
The proposed development shall in all cases be required to occur as
illustrated on the approved and stamped drawings including all grading
and drainage, servicing, lighting, landscaping, and elevation designs.
A development agreement, registered on title may be required prior to
fi nal approval for any development application.
Technical reports may be required to allow completion of the review
process and any recommendations therein may be imposed as
conditions of Development Permit Approval. Such reports as outlined
in Section 2.19.1 of this By-law may include but are not limited to
Stormwater Management Report, Noise Impact Analysis, Environmental
Impact Statement, Tree Preservation Plan, Lighting Analysis, Traffi c
Impact Analysis and Archeological Assessment. In the event that
any recommendations within a submitted Technical report exceed
the minimum requirements of any section of this By-Law the stricter
requirement will be imposed prior to approval.
Conditions which address the following issues or concerns may be
imposed:
1.
Buffering of adjacent properties through hard or soft
landscaping materials.
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Town of Gananoque -- Development Permit By-law
2.
The provision of required site works including but not limited
to servicing, road access, grading and drainage, fi re routes,
lighting details, parking facilities including the provision of
barrier free parking spaces, elevations and landscape details.
3.
The provision of performance securities for 100% of the value
of all onsite and offsite works.
4.
Road widening(s) by the Town or Province.
5.
The construction or re-construction of access or egress onto all
major roads or highways and any upgrading of the roads that
may be necessary as a result of the increased traffi c caused by
the development.
6.
Easements for access or servicing.
7.
The provision of children's play areas may be required with any
multi residential unit and apartment dwelling.
8.
Cash-in-lieu of parking.
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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
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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
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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.
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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.
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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:
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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.
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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.
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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
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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.
48
Town of Gananoque -- Development Permit By-law
401 HY E
KING ST E
KING ST W
STONE ST N
GARDEN ST
401 HY W
NORTH ST
CHARLES ST N
BEAVER RD
BAY RD
RIVER ST
PINE ST
QUEEN ST
VICTORIA AVE
HERBERT ST
STONE ST S
ELM ST
WILLIAM ST S
CHARLES ST S
JAMES ST N
MAIN ST
FOURTH ST
BIRCH ST
SOUTH ST
FIRST ST
GEORGIANA ST
ELIZABETH DR
WILLIAM ST N
MARKET ST
PINE ST E
SECOND ST
THIRD ST
HENRIETTA ST
SYDENHAM ST
OAK ST
WATER ST W
MAPLE ST S
WILSON DR
CROSBY RD
MAPLE ST N
WELLINGTON ST
JOHN ST
MACDONALD DR
ELMWOOD DR
OSBORNE ST
MILL ST
STEEL ST
EMMA ST
ARTHUR ST
NALON RD
TANNER ST
ALBERTA ST
MACHAR ST
JAMES A BRENNAN RD
CHURCHILL DR
FORSYTH ST
HICKORY ST
CHURCH ST
PRINCESS ST
ADELAIDE ST
COUNTY RD 32
ANN ST
DEMPSTER LANE
BOOTH ST
KATE ST
WINDSOR ST
CENTRE ST
WATER ST E
JAMES ST S
GARFIELD STREET
ONTARIO ST
COUNTY RD 2 RAMP
CONNER DR
THOUSAND ISLANDS PY
TALBOT PL
FIRST ST
401 HY E
STONE ST N
401 HY W
OAK ST
KING ST E
401 HY W
ARTHUR ST
LOT 10
LOT 09
LOT 11
LOT 12
LOT 13
LOT 14
LOT 15
LOT 16
LOT 17
sT.LAWrENCE riVEr
GANANOQUE riVEr
Parcels
Lot Concessions
Watercourse
LOWERTOWN MIXED-USE
Lowertown - Mixed Use
roads
recreational Pathway
Legend
0
200
400
100
Meters
Drawings are produced by Stantec Consulting Ltd.
with base information supplied by the United Counties
of Leeds & Grenville (2007).
@ August 2010
49
Town of Gananoque -- Development Permit By-law
4.0
LOWERTOWN MIXED USE
It is the intent of the Lowertown Mixed Use designation to allow for
commercial, residential and institutional uses that will result in a mixed
use, vibrant, active, livable community. The Lowertown area enjoys a
rich cultural heritage and it is the intention of this by-law to provide for
an increased level of exterior design and to enhance both private and
public realms within the Lowertown designation.
4.1
USES
PERMITTED NON-RESIDENTAL USES
Animal Care / Clinic
Art Gallery
Artisan's Studio
Assembly Hall
Bake shop
Bank
Butcher Shop
Catering Establishment
Cinema / Theatre
Club Commercial or Private
Commercial Sports and
Recreation Centre
Concert Hall
Convenience Store
Custom Workshop
Drug Store
Department Store
Dry Cleaning Establishment
Health Retreat
Heritage Tourist Inn
Home for the Aged
Hotel
Laundromat
Library
Marina
Marine Commercial Facility
Marine Facility
Motel
Museum
Offi ce
Parking Lot
Parking Lot
Personal Service Establishment
Pet Shop
Pharmacy
Place of Assembly
Place of Entertainment
Place of Recreation
Place of Worship
Playground
Public Art
Public Market
Public / Private Park
Public Use
Recreational Commercial
Establishment
Restaurant
Restaurant, Take-out
Retail Store
School, Private
Second Hand Shop
Service or Repair Establishment
Small Batch Brewery
Studio
Vehicle Agency
Video Rental Outlet
50
Town of Gananoque -- Development Permit By-law
LOWERTOWN MIXED-USE
51
Town of Gananoque -- Development Permit By-law
DISCRETIONARY USES
PERMITTED
RESIDENTIAL USE
Auditorium
Bed and Breakfast
Establishment
Boat or Recreational Vehicle
Establishment
Day Nursery
Outdoor Patio
Place of Assembly
Drive-through Facilities
Single Family Dwelling
Semi-Detached Dwelling
Duplex
Triplex
Townhome Dwelling
Apartment
Home Based Business
subject to Section 3.23
4.2
PROVISIONS - PERMITTED NON-RESIDENTIAL USES
Requirements
Site Provisions
232 square metre
(2497 square feet)
75%
7.5 metres (24.6 feet)
Lot Area (minimum)
Lot Coverage (maximum)
Lot Frontage (minimum)
1.
2.
3.
0 metres
Front Yard Setback (minimum)
4.
Exterior Side Yard Setback
(minimum)
5.
4.5 metres (14.8 feet)
Interior Side Yard (minimum)
6.
0 metres
Rear Yard Depth (minimum)
7.
Building Height (maximum)
8.
0 metres
12.0 metres (39.4 feet)
52
Town of Gananoque -- Development Permit By-law
Requirements
Site Provisions (Per Dwelling Unit)
334 square metre
(3595 square feet)
35%
9.0 metres (29.5 feet)
Lot Area (minimum)
Lot Coverage (maximum)
Lot Frontage (minimum)
1.
2.
3.
6.0 metres (19.6 feet), minimum
Front Yard Setback (minimum)
4.
Exterior Side Yard Setback
(minimum)
5.
7.5 metres (24.5 feet)
Interior Side Yard (minimum)
No side yard shall be required
along the common property line
or common wall
6.
1.2 metres (3.9 feet)
Rear Yard Depth (minimum)
7.
Building Height (maximum)
8.
4.5 metres (14.7 feet), minimum
11.0 metres (36 feet)
4.3
PROVISIONS - RESIDENTIAL USES
Single Detached Dwelling
Requirements
Site Provisions
464 square metre
(4995 square feet)
35%
15 metres (49 feet)
Lot Area (minimum)
Lot Coverage (maximum)
Lot Frontage (minimum)
1.
2.
3.
6.0 metres (19.6 feet), minimum
Front Yard Setback (minimum)
4.
Exterior Side Yard Setback
(minimum)
5.
7.5 metres (24.5 feet)
Interior Side Yard (minimum)
6.
1.2 metres (3.9 feet)
Rear Yard Depth (minimum)
7.
Building Height (maximum)
8.
4.5 metres (14.7 feet), minimum
11.0 metres (36 feet)
Provisions, Semi-Detached
53
Town of Gananoque -- Development Permit By-law
Requirements
Site Provisions (Per Dwelling Unit)
557 square metre
(5996 square feet)
35%
18.0 metres (59.0 feet)
Lot Area (minimum)
Lot Coverage (maximum)
Lot Frontage (minimum)
1.
2.
3.
6.0 metres (19.6 feet), minimum
Front Yard Setback (minimum)
4.
Exterior Side Yard Setback
(minimum)
5.
7.5 metres (24.5 feet)
Interior Side Yard (minimum)
No side yard shall be required
along the common property line
or common wall
6.
1.2 metres (3.9 feet)
Rear Yard Depth (minimum)
7.
Building Height (maximum)
8.
4.5 metres (14.7 feet), minimum
11.0 metres (36 feet)
Provisions Triplex
Requirements
Site Provisions (Per Dwelling Unit)
668 square metre
(7191 square feet)
35%
20 metres (65.6 feet)
Lot Area (minimum)
Lot Coverage (maximum)
Lot Frontage (minimum)
1.
2.
3.
6.0 metres (19.6 feet), minimum
Front Yard Setback (minimum)
4.
Exterior Side Yard Setback
(minimum)
5.
9.0 metres (29.5 feet)
Interior Side Yard (minimum)
6.
1.2 metres (3.9 feet)
Rear Yard Depth (minimum)
7.
Building Height (maximum)
8.
4.5 metres (14.7 feet), minimum
11.0 metres (36 feet)
Dwelling Units Per Lot
9.
3
Provisions, Duplex Dwelling
54
Town of Gananoque -- Development Permit By-law
Location of Parking Spaces
Where parking spaces are provided for the exclusive use of a triplex,
duplex, single detached or semi-detached dwelling, the driveway and
parking spaces shall not cover more than 50% of the front yard or
exterior side yard area.
Provisions - Apartment
Requirements
Site Provisions
930 square metre
(10,011 square feet)
35%
24 metres (78.7 feet)
Lot Area (minimum)
Lot Coverage (maximum)
Lot Frontage (minimum)
1.
2.
3.
6.0 metres (19.6 feet), minimum
Front Yard
4.
Exterior Side Yard Setback
5.
6.5 metres (21.3 feet)
Interior Side Yard (minimum)
No side yard shall be required
along the common property line
or common wall
6.
1.2 metres (3.9 feet)
Rear Yard Depth (minimum)
7.
Building Height (maximum)
8.
15 metres (49.7 feet), minimum
20.0 metres (65.5 feet)
Requirements
Site Provisions (Per Dwelling Unit)
220 square metre
(2368 square feet)
40%
6.0 metres (19.6 feet)
Lot Area (minimum)
Lot Coverage (maximum)
Lot Frontage (minimum)
1.
2.
3.
6.0 metres (19.6 feet), minimum
Front Yard
4.
Exterior Side Yard Setback
Build Within Area
5.
9.0 metres (29.5 feet)
Interior Side Yard (minimum)
No side yard shall be required
along the common property line
or common wall
6.
1.2 metres (3.9 feet)
Rear Yard Depth (minimum)
7.
Building Height (maximum)
8.
4.5 metres (14.7 feet), minimum
11.0 metres (36 feet)
Provisions Townhome Dwellings
55
Town of Gananoque -- Development Permit By-law
4.4
ADDITIONAL PROVISIONS
4.4.1 Condominium provisions:
Interior roads shall be so designed as to minimize hazards to pedestrians
and to vehicles on roads within the development and on roads in
adjacent areas
Off street parking areas shall not open directly on to a public street, but
shall be provided with access drives or other controlled access. Access
drives shall not serve as part of a specifi ed parking area and shall be
kept clear of parked vehicles.
Pedestrian walks shall be not less than 1.2 metres (4 feet) in width and
shall be provided wherever normal pedestrian traffi c will occur.
Garbage and refuse pickup and other multi- family utility areas shall be
provided and shall be located so as not to detract from the aesthetic
character of the development and shall be enclosed and shielded from
view by fencing, walls or shrubbery of at least 1.5 metres (5 feet) in
height around the perimeter.
All service utilities shall be underground in all multi-family developments.
All developments shall be provided with a liberal and functional
landscaping scheme. Interior roads, parking areas and pedestrian walks
shall be provided with shade trees which are an appropriate size and
character. Open space adjacent to buildings and malls between buildings
that are to be utilized by residents and border strips along the sides of
pedestrian walks shall be graded and seeded.
Approaches to multi-family dwelling structures and entrance areas shall
be provided with trees and attractively shrubbed. Areas not used for
buildings, drives and parking space shall be seeded or landscaped and
shall be kept in an attractive condition.
Interior development roads, parking areas, dwelling entranceways
and pedestrian walks shall be provided with suffi cient illumination to
minimize hazards to pedestrians and vehicles utilizing the same and
shall, where necessary, be shielded to avoid distributing glares to
occupants of buildings. Lighting shall be so arranged as to refl ect away
from adjoining properties.
56
Town of Gananoque -- Development Permit By-law
4.4.2 Multi-Unit Dwellings (Triplex, Townhomes and
Apartment Dwellings)
All multi-unit residential dwellings shall be required to obtain a Class II
Development Permit.
No parking shall be allowed in the area which is required as part of the
front or exterior side yard setback.
A maximum of 40% of the lot area may be used for at grade parking.
20 square metres of amenity space shall be provided per dwelling unit.
The provision of an equipped children's play area may be required as a
condition of any Development Permit.
Pedestrian walks shall be not less than 1.2 metres (4 feet) in width and
shall be provided wherever normal pedestrian traffi c will occur.
Garbage and refuse pickup and other multi- family utility areas shall be
provided and shall be located so as not to detract from the aesthetic
character of the development and shall be enclosed and shielded from
view by fencing, walls or shrubbery of at least 1.5 metres (5 feet) in
height around the perimeter.
Approaches to multi-family dwelling structures and entrance areas shall
be provided with trees and attractively shrubbed. Areas not used for
buildings, drives and parking space shall be seeded or landscaped.
4.4.3 Discretionary Uses
All discretionary uses shall be subject to the Class III Development
Permit approval stream.
All discretionary use permit applications shall be supported by a report
and related architectural elevation drawings, prepared by qualifi ed
professionals, which demonstrate that the cultural and architectural
heritage integrity of the Lowertown designation have been respected
and enhanced by the proposed development. The Class III permit shall
also require demonstration that the proposed discretionary use can
be appropriately developed on the basis of the land uses functional
requirements such as street frontage, access, yard setbacks, vehicular
movements and parking requirements, safety etc.
57
Town of Gananoque -- Development Permit By-law
4.5
DESIGN CRITERIA - LOWERTOWN MIXED USE
DESIGNATION
The objective within the Lowertown Mixed Use designation is to
recognize the historical, architectural character and unique streetscape
and waterfront advantages this distinctive area of Town enjoys.
Accordingly the following design criteria have been developed to provide
for the re-development of existing built form and development of vacant
spaces. The elements and direction of Lowertown Master Study shall be
considered.
Buildings should be orientated towards the street.
GENERAL DESIGN CRITERIA
Priority will be given to creative adaptive re-use of existing built forms
that acknowledges the past through eclectic design. Architectural
interest through the use of exterior cladding materials that compliment
the cultural heritage of the area is encouraged.
Buildings should be integrated with
the existing grade and provide at
grade entrances or alternatively
accessible modifi cations should be
provided.
All building service areas shall be located away from public view.
Entrances to parking areas should be
well defi ned by signage and curbing.
Lighting and street furniture shall be to the municipal standard.
58
Town of Gananoque -- Development Permit By-law
Pathway
3.0m wide typical
LOWERTOWN MIXED-USE DESIGN CRITERIA
Attention to façade details that provide for varied
materials and details that add to the pedestrian and
public experience. Where a building elevation is adjacent
to a roadway, elevations will be required to have an
appropriate number of projections and recessed areas
and a variety of cladding types in order to ensure that a
monotonous building facade is not created.
Garbage enclosures are to be fenced and screened with
soft landscape elements. Garbage receptacles require
screening (wood or metal). Recommended locations
include inside parking courts or at the end of parking
bays. Locations should be conveniently accessible for
trash collection and maintenance and should not block
access drives during loading operations.
Add character and interest to public
spaces by the integration of public
art, wayfi nding and signage that
considers the history and tradition
of the area.
Buildings located at intersections should provide exterior
details on both street fronts.
59
Town of Gananoque -- Development Permit By-law
Soft landscape materials
including shrubs and planting
at foundation base, container
planting consisting of urns,
planters, window boxes or
suspended baskets shall be
provided along the street.
Provision for pedestrians and cyclists throughout
the designation that considers access to open
spaces, the waterfront and recreational spaces is
required.
Pedestrian crosswalks and pathways will be
defi ned with the addition of unit pavers or feature
pavers.
4.6
SPECIAL EXCEPTIONS
60
Town of Gananoque -- Development Permit By-law
401 HY E
KING ST E
KING ST W
STONE ST N
GARDEN ST
401 HY W
NORTH ST
CHARLES ST N
BEAVER RD
BAY RD
RIVER ST
PINE ST
QUEEN ST
VICTORIA AVE
HERBERT ST
STONE ST S
ELM ST
WILLIAM ST S
CHARLES ST S
JAMES ST N
MAIN ST
FOURTH ST
BIRCH ST
SOUTH ST
FIRST ST
GEORGIANA ST
ELIZABETH DR
WILLIAM ST N
MARKET ST
PINE ST E
SECOND ST
THIRD ST
HENRIETTA ST
SYDENHAM ST
OAK ST
WATER ST W
MAPLE ST S
WILSON DR
CROSBY RD
MAPLE ST N
WELLINGTON ST
JOHN ST
MACDONALD DR
ELMWOOD DR
OSBORNE ST
MILL ST
STEEL ST
EMMA ST
ARTHUR ST
NALON RD
TANNER ST
ALBERTA ST
MACHAR ST
JAMES A BRENNAN RD
CHURCHILL DR
FORSYTH ST
HICKORY ST
CHURCH ST
PRINCESS ST
ADELAIDE ST
COUNTY RD 32
ANN ST
DEMPSTER LANE
BOOTH ST
KATE ST
WINDSOR ST
CENTRE ST
WATER ST E
JAMES ST S
GARFIELD STREET
ONTARIO ST
COUNTY RD 2 RAMP
CONNER DR
THOUSAND ISLANDS PY
TALBOT PL
FIRST ST
401 HY E
STONE ST N
401 HY W
OAK ST
KING ST E
401 HY W
ARTHUR ST
LOT 10
LOT 09
LOT 11
LOT 12
LOT 13
LOT 14
LOT 15
LOT 16
LOT 17
sT.LAWrENCE riVEr
GANANOQUE riVEr
Parcels
Lot Concessions
Watercourse
LOWERTOWN RESIDENTIAL
Lowertown - residential
roads
recreational Pathway
Legend
0
200
400
100
Meters
Drawings are produced by Stantec Consulting Ltd.
with base information supplied by the United Counties
of Leeds & Grenville (2007).
@ August 2010
61
Town of Gananoque -- Development Permit By-law
5.0
DEVELOPMENT PERMIT AREA DESIGNATIONS
5.1
LOWERTOWN RESIDENTIAL
The intent of the Lowertown Residential designation is to preserve and
enhance the architectural integrity and value of the residential precinct
within the Lowertown designation. Lowertown represents a distinct
character within the Town of Gananoque. The cultural character, built
form and scale shall be respected throughout the neighbourhood.
5.1.1
Uses
5.1.2
Provisions - Permitted Uses
Single Detached
PERMITTED
USES
DISCRETIONARY
USES
Bed and Breakfast
Establishments
Converted Dwelling
Day Nursery
Group Home
Heritage Tourist Inn
Place of Worship
School, Public or Private
Single Detached Dwelling
Home Based Business subject
to section 3.23
Semi-Detached Dwelling
Duplex Dwelling
Playground
Requirements
Site Provisions
464 square metre
(4995 square feet)
35%
15 metres (49 feet)
Lot Area (minimum)
Lot Coverage (maximum)
Lot Frontage (minimum)
1.
2.
3.
6.0 metres (19.6 feet), minimum
Front Yard Setback (minimum)
4.
Exterior Side Yard Setback
(minimum)
5.
7.5 metres (24.5 feet)
Interior Side Yard (minimum)
6.
1.2 metres (3.9 feet)
Rear Yard Depth (minimum)
7.
Building Height (maximum)
8.
4.5 metres (14.7 feet), minimum
11.0 metres (36 feet)
62
Town of Gananoque -- Development Permit By-law
LOWERTOWN RESIDENTIAL
63
Town of Gananoque -- Development Permit By-law
Semi-Detached
Duplex Dwelling
Requirements
Site Provisions (Per Dwelling Unit)
334 square metre
(3595 square feet)
35%
9.0 metres (29.5 feet)
Lot Area (minimum)
Lot Coverage (maximum)
Lot Frontage (minimum)
1.
2.
3.
6.0 metres (19.6 feet)
Front Yard Setback (minimum)
4.
Exterior Side Yard Setback
(minimum)
5.
7.5 metres (24.5 feet)
Interior Side Yard (minimum)
No side yard shall be required
along the common property line
or common wall
6.
1.2 metres (3.9 feet)
Rear Yard Depth (minimum)
7.
Building Height (maximum)
8.
4.5 metres (14.7 feet)
11.0 metres (36 feet)
Requirements
Site Provisions (Per Dwelling Unit)
557 square metre
(5996 square feet)
35%
18.0 metres (59.0 feet)
Lot Area (minimum)
Lot Coverage (maximum)
Lot Frontage (minimum)
1.
2.
3.
6.0 metres (19.6 feet)
Front Yard Setback (minimum)
4.
Exterior Side Yard Setback
(minimum)
5.
7.5 metres (24.5 feet)
Interior Side Yard (minimum)
No side yard shall be required
along the common property line
or common wall
6.
1.2 metres (3.9 feet)
Rear Yard Depth (minimum)
7.
Building Height (maximum)
8.
4.5 metres (14.7 feet)
11.0 metres (36 feet)
Location of Parking Spaces
Where parking spaces are provided for the exclusive use of a triplex,
duplex, single detached or semi-detached dwelling, the driveway and
parking spaces shall not cover more than 50% of the front yard or
exterior side yard area.
64
Town of Gananoque -- Development Permit By-law
5.1.3 Provisions - Discretionary Uses
All discretionary uses shall be subject to the Class III Development
Permit approval stream.
All discretionary use permit applications shall be supported by a report
and related architectural elevation drawings, prepared by qualifi ed
professionals, which demonstrate that the cultural and architectural
heritage integrity of the Lowertown Residential designation have been
respected and enhanced by the proposed development. In particular the
predominance of low density single dwelling units shall be maintained.
Day Nurseries may be permitted subject to the following provisions:
All proposals will require submission of design drawings and
demonstration of the following;
Play areas and amenity spaces.
No adverse impacts will occur to abutting property owners as
a result of the proposed use. Where impacts are anticipated or
identifi ed they shall be mitigated to the satisfaction of the Town
of Gananoque.
Proposed development must meet the provisions, requirements
and standards of section 5.1.2 above.
5.1.4 Design Criteria
The following design criteria shall be applied in the review of building
permit applications and development permit applications in the
Lowertown Residential designation. Refer to the illustrations in this
section 5.1 for further guidance and information.
GENERAL DESIGN CRITERIA
ARCHITECTURAL DETAILS
There is no particular architectural "style" required for residential
structures but the focus should be on the development of a high quality
residential environment. In general, the architecture should consider
compatibility with surrounding character, including harmonious building
style and individual dwelling units should be distinguishable from
another.
The use of materials and colours that are representative of the texture,
character and palette of the community/neighbourhood is strongly
encouraged.
65
Town of Gananoque -- Development Permit By-law
New development should continue the functional, on-site relationships of
the surrounding neighbourhood.
The articulation of facades and the massing of structures give them
richness and scale. Long uninterrupted exterior walls should have
"relief" to create an interesting blend with landscaping, structures, and
the casting of shadows. The integration of varied texture, relief, and
design accents on building walls can soften the architecture.
The choice and mix of materials on the facades of structures
and garage doors is important in providing an attractive living
environment. Materials should be consistently applied and should
be chosen to work harmoniously with adjacent materials. Piecemeal
embellishment and frequent changes in materials should be avoided.
All structure elevations should be architecturally treated.
Avoid altering the streetscape façade of the building.
Do not block up or remove original door and window locations.
The requirements of section 3.47 Streetscape Design shall be applied
within the Lowertown Designation.
Corner lots should be encouraged to provide architectural interest on
both street fronts.
LOWERTOWN RESIDENTIAL DESIGN CRITERIA
GENERAL DESIGN CRITERIA
66
Town of Gananoque -- Development Permit By-law
LOWERTOWN RESIDENTIAL DESIGN CRITERIA
For sloped roofs, both vertical and horizontal articulation
is encouraged. Roof lines should be representative of the
design and scale of the units under them. Flat roofs and
A-frame type roofs are discouraged unless appropriate to
the architectural style.
Wherever possible locate driveways and garages to the
side or rear of the main building. Landscape screening
and/or fencing should be provided to buffer parking area
from both the street and abutting properties.
Materials tend to appear substantial and integral when
material changes occur at changes in plane. Material or
colour changes at the outside corners of structures vie an
impression of thinness and artifi ciality which should be
avoided. Material changes not accompanied by changes
in plane also frequently give material an insubstantial or
applied quality. See the illustrations in sections 5.1 for
further guidance.
New buildings and entrances should be oriented to the
street and are encouraged to have architectural interest
to contribute to the esthetics and visual appeal of the
community.
67
Town of Gananoque -- Development Permit By-law
Match setback, footprint, size and massing patterns
of the neighbourhood, particularly to the immediately
adjacent neighbours.
Setbacks of new development should be consistent with
adjacent buildings. Where setbacks are not generally
uniform, the new building should be aligned with the
building that is most similar to the predominant setback
on the street.
New development in existing
neighbourhoods should incorporate
distinctive architectural characteristics of
surrounding development. For example:
window and door detailing, decoration,
materials, roof style and pitch, fi nished-
fl oor height, porches, bay windows and
other exterior architectural elements.
Incorporate using modern practices or
design elements some of the traditional
aspects of the external façade of the
properties within the area.
68
Town of Gananoque -- Development Permit By-law
Retention of existing mature trees will be
required unless development absolutely
precludes retention. New development will
be required at minimum to plant one tree
per lot but a maximum distance between
trees will be 15 metres. New development
may be required to plant more than one tree
per lot to meet the aforenoted standard.
Pedestrian pathways and
linkage shall be required.
The use of architectural elements such as
roof shapes and design elements should be
in keeping and complementary to existing
and surrounding buildings, heritage patterns
and neighbourhood.
69
Town of Gananoque -- Development Permit By-law
5.1.5 Special Exceptions
LTR-X1 Notwithstanding any other policy or section of this By-law to
the contrary on the lands identifi ed as LTR-X1 on Schedule C
the following provisions shall apply:
Permitted uses:
Bed and Breakfast
Heritage Tourist Inn
Converted Dwelling
Semi-Detached Dwelling
Single Detached Dwelling
Triplex
Personal Service Establishment
Accessory Parking Facilities
By-law 2007-06
LTR-X2 Notwithstanding any other policy or section of this By-law to
the contrary on the lands identifi ed as LTR-X2 on Schedule C
the following provisions shall apply:
Permitted uses:
Bed and Breakfast
Heritage Tourist Inn
Hotel/Motel uses accessory to an existing Hotel located at 550
Stone Street
Duplex Dwelling
Converted Dwelling
Semi-Detached Dwelling
Single Detached Dwelling
Triplex
Accessory parking facilities
Lot Area(minimum)
501m2 (5400sq ft)
Eastern Interior Side yard
0m2
By-law 2004-33
70
Town of Gananoque -- Development Permit By-law
TRADITIONAL RESIDENTIAL
401 HY E
KING ST E
KING ST W
STONE ST N
GARDEN ST
401 HY W
NORTH ST
CHARLES ST N
BEAVER RD
BAY RD
RIVER ST
PINE ST
QUEEN ST
VICTORIA AVE
HERBERT ST
STONE ST S
ELM ST
WILLIAM ST S
CHARLES ST S
JAMES ST N
MAIN ST
FOURTH ST
BIRCH ST
SOUTH ST
FIRST ST
GEORGIANA ST
ELIZABETH DR
WILLIAM ST N
MARKET ST
PINE ST E
SECOND ST
THIRD ST
HENRIETTA ST
SYDENHAM ST
OAK ST
WATER ST W
MAPLE ST S
WILSON DR
CROSBY RD
MAPLE ST N
WELLINGTON ST
JOHN ST
MACDONALD DR
ELMWOOD DR
OSBORNE ST
MILL ST
STEEL ST
EMMA ST
ARTHUR ST
NALON RD
TANNER ST
ALBERTA ST
MACHAR ST
JAMES A BRENNAN RD
CHURCHILL DR
FORSYTH ST
HICKORY ST
CHURCH ST
PRINCESS ST
ADELAIDE ST
COUNTY RD 32
ANN ST
DEMPSTER LANE
BOOTH ST
KATE ST
WINDSOR ST
CENTRE ST
WATER ST E
JAMES ST S
GARFIELD STREET
ONTARIO ST
COUNTY RD 2 RAMP
CONNER DR
THOUSAND ISLANDS PY
TALBOT PL
FIRST ST
401 HY E
STONE ST N
401 HY W
OAK ST
KING ST E
401 HY W
ARTHUR ST
LOT 10
LOT 09
LOT 11
LOT 12
LOT 13
LOT 14
LOT 15
LOT 16
LOT 17
sT.LAWrENCE riVEr
GANANOQUE riVEr
Parcels
Lot Concessions
Watercourse
Traditional residential
roads
recreational Pathway
Legend
0
200
400
100
Meters
Drawings are produced by Stantec Consulting Ltd.
with base information supplied by the United Counties
of Leeds & Grenville (2007).
@ August 2010
71
Town of Gananoque -- Development Permit By-law
5.2
TRADITIONAL RESIDENTIAL
It is the intent of the Traditional Residential designation to provide for
respectful and appropriate development and infi ll that considers the
design criteria outlined in section 5.2.6.
5.2.1
Uses
PERMITTED
USES
DISCRETIONARY
USES
Converted Dwellings
Bed and Breakfast
Establishments
Day Nursery
Heritage Tourist Inn
Place of Worship
School, Public or Private
Single Detached Dwelling
Semi-Detached Dwelling
Duplex Dwelling
Home Based Business subject
to section 3.23
Playground
5.2.2 Provisions - Permitted Uses
Single Detached Dwelling
Requirements
Site Provisions
464 square metre
(4995 square feet)
35%
15 metres (49 feet)
Lot Area (minimum)
Lot Coverage (maximum)
Lot Frontage (minimum)
1.
2.
3.
6.0 metres (19.6 feet), minimum
Front Yard Setback (minimum)
4.
Exterior Side Yard Setback
(minimum)
5.
7.5 metres (24.5 feet)
Interior Side Yard (minimum)
6.
1.2 metres (3.9 feet)
Rear Yard Depth (minimum)
7.
Building Height (maximum)
8.
4.5 metres (14.7 feet), minimum
11.0 metres (36 feet)
72
Town of Gananoque -- Development Permit By-law
TRADITIONAL RESIDENTIAL
73
Town of Gananoque -- Development Permit By-law
Provisions, Semi-Detached
Requirements
Site Provisions (Per Dwelling Unit)
334 square metre
(3595 square feet)
35%
9.0 metres (29.5 feet)
Lot Area (minimum)
Lot Coverage (maximum)
Lot Frontage (minimum)
1.
2.
3.
6.0 metres (19.6 feet), minimum
Front Yard Setback (minimum)
4.
Exterior Side Yard Setback
(minimum)
5.
7.5 metres (24.5 feet)
Interior Side Yard (minimum)
No side yard shall be required
along the common property line
or common wall
6.
1.2 metres (3.9 feet)
Rear Yard Depth (minimum)
7.
Building Height (maximum)
8.
4.5 metres (14.7 feet), minimum
11.0 metres (36 feet)
Provisions, Duplex Dwelling
Requirements
Site Provisions (Per Dwelling Unit)
557 square metre
(5996 square feet)
35%
18.0 metres (59.0 feet)
Lot Area (minimum)
Lot Coverage (maximum)
Lot Frontage (minimum)
1.
2.
3.
6.0 metres (19.6 feet), minimum
Front Yard Setback (minimum)
4.
Exterior Side Yard Setback
(minimum)
5.
7.5 metres (24.5 feet)
Interior Side Yard (minimum)
No side yard shall be required
along the common property line
or common wall
6.
1.2 metres (3.9 feet)
Rear Yard Depth (minimum)
7.
Building Height (maximum)
8.
4.5 metres (14.7 feet), minimum
11.0 metres (36 feet)
Location of Parking Spaces
Where parking spaces are provided for the exclusive use of a triplex,
duplex, single detached or semi-detached dwelling, the driveway and
parking spaces shall not cover more than 50% of the front yard or
exterior side yard area.
74
Town of Gananoque -- Development Permit By-law
5.2.3 Additional Provisions - Discretionary Uses
All discretionary uses shall be subject to the Class III Development
Permit approval stream.
All discretionary use permit applications shall be supported by a report
and related architectural elevation drawings, prepared by qualifi ed
professionals, which demonstrate that the cultural and architectural
heritage integrity of the Traditional Residential designation have been
respected and enhanced by the proposed development. The Class III
permit shall also require demonstration that the proposed discretionary
use can be appropriately developed on the basis of the land uses
functional requirements such as street frontage, access, yard setbacks,
vehicular movements and parking requirements, safety etc.
Day Nurseries may be permitted subject to the following provisions:
All proposals will require submission of design drawings and
demonstration of the following;
Play areas and amenity spaces.
No adverse impacts will occur to abutting property owners as
a result of the proposed use. Where impacts are anticipated or
identifi ed they shall be mitigated to the satisfaction of the Town
of Gananoque.
Proposed development must meet the provisions, requirements
and standards of section 5.2.2 above.
5.2.4 Design Criteria
The following design criteria shall be applied in the review of building
permit applications and development permit applications in the
Traditional Residential designation. Refer to the illustrations in section
5.1 for further guidance and information.
GENERAL DESIGN CRITERIA
There is no particular architectural "style" required for residential
structures but the focus should be on the development of a high quality
residential environment. In general, the architecture should consider
compatibility with surrounding character, including harmonious building
style and individual dwelling units should be distinguishable from
another.
75
Town of Gananoque -- Development Permit By-law
TRADITIONAL RESIDENTIAL DESIGN CRITERIA
Corner lots should be encouraged to provide architectural interest on
both street fronts.
The articulation of facades and the massing of structures give them
richness and scale. Long uninterrupted exterior walls should have
"relief" to create an interesting blend with landscaping, structures, and
the casting of shadows. The integration of varied texture, relief, and
design accents on building walls can soften the architecture.
For sloped roofs, both vertical and horizontal articulation
is encouraged. Roof lines should be representative of the
design and scale of the units under them. Flat roofs and
A-frame type roofs are discouraged unless appropriate to
the architectural style.
The use of materials and colours that are representative of the texture,
character and palette of the community/neighbourhood is strongly
encouraged.
The choice and mix of materials on the facades of
structures and garage doors is important in providing
an attractive living environment. Materials should be
consistently applied and should be chosen to work
harmoniously with adjacent materials. Piecemeal
embellishment and frequent changes in materials
should be avoided. All structure elevations should be
architecturally treated.
Avoid altering the streetscape façade of the building.
Do not block up or remove original door and window locations.
New development should continue the functional, on-site relationships of
the surrounding neighbourhood.
GENERAL DESIGN CRITERIA
76
Town of Gananoque -- Development Permit By-law
TRADITIONAL RESIDENTIAL DESIGN CRITERIA
New buildings and entrances should be
oriented to the street and are encouraged to
have architectural interest to contribute to the
esthetics and visual appeal of the community.
Wherever possible locate driveways and
garages to the side or rear of the main building.
Landscape screening and/or fencing should be
provided to buffer parking area from both the
street and abutting properties.
Materials tend to appear substantial and integral when
material changes occur at changes in plane. Material or
colour changes at the outside corners of structures vie an
impression of thinness and artifi ciality which should be
avoided. Material changes not accompanied by changes
in plane also frequently give material an insubstantial or
applied quality.
77
Town of Gananoque -- Development Permit By-law
New development in existing
neighbourhoods should incorporate
distinctive architectural characteristics of
surrounding development. For example:
window and door detailing, decoration,
materials, roof style and pitch, fi nished-
fl oor height, porches, bay windows and
other exterior architectural elements.
The use of architectural elements such as roof shapes
and design elements should be in keeping and
complementary to existing and surrounding buildings,
heritage patterns and neighbourhood.
Incorporate using modern practices or
design elements some of the traditional
aspects of the external façade of the
properties within the area.
78
Town of Gananoque -- Development Permit By-law
Retention of existing mature trees will be
required unless development absolutely
precludes retention. New development
will be required at minimum to plant one
tree per lot but a maximum distance
between trees will be 15 metres. New
development may be required to plant
more than one tree per lot to meet the
aforenoted standard.
Pedestrian pathways and
linkage shall be required.
Match setback, footprint, size and massing patterns
of the neighbourhood, particularly to the immediately
adjacent neighbours.
Setbacks of new development should be consistent with
adjacent buildings. Where setbacks are not generally
uniform, the new building should be aligned with the
building that is most similar to the predominant setback
on the street.
79
Town of Gananoque -- Development Permit By-law
5.2.5 Special Exceptions
80
Town of Gananoque -- Development Permit By-law
401 HY E
KING ST E
KING ST W
STONE ST N
GARDEN ST
401 HY W
NORTH ST
CHARLES ST N
BEAVER RD
BAY RD
RIVER ST
PINE ST
QUEEN ST
VICTORIA AVE
HERBERT ST
STONE ST S
ELM ST
WILLIAM ST S
CHARLES ST S
JAMES ST N
MAIN ST
FOURTH ST
BIRCH ST
SOUTH ST
FIRST ST
GEORGIANA ST
ELIZABETH DR
WILLIAM ST N
MARKET ST
PINE ST E
SECOND ST
THIRD ST
HENRIETTA ST
SYDENHAM ST
OAK ST
WATER ST W
MAPLE ST S
WILSON DR
CROSBY RD
MAPLE ST N
WELLINGTON ST
JOHN ST
MACDONALD DR
ELMWOOD DR
OSBORNE ST
MILL ST
STEEL ST
EMMA ST
ARTHUR ST
NALON RD
TANNER ST
ALBERTA ST
MACHAR ST
JAMES A BRENNAN RD
CHURCHILL DR
FORSYTH ST
HICKORY ST
CHURCH ST
PRINCESS ST
ADELAIDE ST
COUNTY RD 32
ANN ST
DEMPSTER LANE
BOOTH ST
KATE ST
WINDSOR ST
CENTRE ST
WATER ST E
JAMES ST S
GARFIELD STREET
ONTARIO ST
COUNTY RD 2 RAMP
CONNER DR
THOUSAND ISLANDS PY
TALBOT PL
FIRST ST
401 HY E
STONE ST N
401 HY W
OAK ST
KING ST E
401 HY W
ARTHUR ST
LOT 10
LOT 09
LOT 11
LOT 12
LOT 13
LOT 14
LOT 15
LOT 16
LOT 17
sT.LAWrENCE riVEr
GANANOQUE riVEr
Parcels
Lot Concessions
Watercourse
residential
Garden street special Exception
roads
recreational Pathway
Legend
0
200
400
100
Meters
Drawings are produced by Stantec Consulting Ltd.
with base information supplied by the United Counties
of Leeds & Grenville (2007).
@ August 2010
RESIDENTIAL
81
Town of Gananoque -- Development Permit By-law
5.3
RESIDENTIAL
It is the intent of the Residential Designation to allow for a varied
density of residential uses.
5.3.1 Uses
5.3.2
Provisions - Permitted Uses
Single Detached Dwelling
PERMITTED
USES
DISCRETIONARY
USES
Converted Dwellings
Bed and Breakfast
Establishments
Group Home
Heritage Tourist Inn
Personal Service
Establishment
Places of Worship
School, Public or Private
Apartment Dwelling
(freehold or condominium)
Day Nursery
Townhouse Dwelling
(freehold or condominium)
Single Detached Dwelling
Semi-Detached Dwelling
Duplex Dwelling
Triplex Dwelling
Home Based Business subject
to section 3.23
Playground
Requirements
Site Provisions
464 square metre
(4995 square feet)
35%
15 metres (49 feet)
Lot Area (minimum)
Lot Coverage (maximum)
Lot Frontage (minimum)
1.
2.
3.
6.0 metres (19.6 feet), minimum
Front Yard Setback (minimum)
4.
Exterior Side Yard Setback
(minimum)
5.
7.5 metres (24.5 feet)
Interior Side Yard (minimum)
6.
1.2 metres (3.9 feet)
Rear Yard Depth (minimum)
7.
Building Height (maximum)
8.
4.5 metres (14.7 feet), minimum
11.0 metres (36 feet)
82
Town of Gananoque -- Development Permit By-law
RESIDENTIAL
83
Town of Gananoque -- Development Permit By-law
Semi-Detached
Requirements
Site Provisions (Per Dwelling Unit)
334 square metre
(3595 square feet)
35%
9.0 metres (29.5 feet)
Lot Area (minimum)
Lot Coverage (maximum)
Lot Frontage (minimum)
1.
2.
3.
6.0 metres (19.6 feet), minimum
Front Yard Setback (minimum)
4.
Exterior Side Yard Setback
(minimum)
5.
7.5 metres (24.5 feet)
Interior Side Yard (minimum)
No side yard shall be required
along the common property line
or common wall
6.
1.2 metres (3.9 feet)
Rear Yard Depth (minimum)
7.
Building Height (maximum)
8.
4.5 metres (14.7 feet), minimum
11.0 metres (36 feet)
Duplex Dwelling
Requirements
Site Provisions (Per Dwelling Unit)
557 square metre
(5996 square feet)
35%
18.0 metres (59.0 feet)
Lot Area (minimum)
Lot Coverage (maximum)
Lot Frontage (minimum)
1.
2.
3.
6.0 metres (19.6 feet), minimum
Front Yard Setback (minimum)
4.
Exterior Side Yard Setback
(minimum)
5.
7.5 metres (24.5 feet)
Interior Side Yard (minimum)
No side yard shall be required
along the common property line
or common wall
6.
1.2 metres (3.9 feet)
Rear Yard Depth (minimum)
7.
Building Height (maximum)
8.
4.5 metres (14.7 feet), minimum
11.0 metres (36 feet)
84
Town of Gananoque -- Development Permit By-law
Triplex
Requirements
Site Provisions (Per Dwelling Unit)
668 square metre
(7191 square feet)
35%
20 metres (65.6 feet)
Lot Area (minimum)
Lot Coverage (maximum)
Lot Frontage (minimum)
1.
2.
3.
6.0 metres (19.6 feet), minimum
Front Yard Setback (minimum)
4.
Exterior Side Yard Setback
(minimum)
5.
9.0 metres (29.5 feet)
Interior Side Yard (minimum)
6.
1.2 metres (3.9 feet)
Rear Yard Depth (minimum)
7.
Building Height (maximum)
8.
4.5 metres (14.7 feet), minimum
11.0 metres (36 feet)
Dwelling Units Per Lot
9.
3
Townhouse Dwellings
Requirements
Site Provisions (Per Dwelling Unit)
220 square metre
(2368 square feet)
40%
6.0 metres (19.6 feet)
Lot Area (minimum)
Lot Coverage (maximum)
Lot Frontage (minimum)
1.
2.
3.
6.0 metres (19.6 feet), minimum
Front Yard
4.
Exterior Side Yard Build
Within Area
5.
9.0 metres (29.5 feet)
Interior Side Yard End Unit (min.)
No side yard shall be required
along the common property line
or common wall
6.
1.2 metres (3.9 feet)
Rear Yard Depth (minimum)
7.
Building Height (maximum)
8.
4.5 metres (14.7 feet), minimum
11.0 metres (36 feet)
Location of Parking Spaces
Where parking spaces are provided for the exclusive use of a triplex,
duplex, single detached or semi-detached dwelling, the driveway and
parking spaces shall not cover more than 50% of the front yard or
exterior side yard area.
85
Town of Gananoque -- Development Permit By-law
Apartment
Requirements
Site Provisions
930 square metre
(10,011 square feet)
35%
24 metres (78.7 feet)
Lot Area (minimum)
Lot Coverage (maximum)
Lot Frontage (minimum)
1.
2.
3.
6.0 metres (19.6 feet), minimum
Front Yard
4.
Exterior Side Yard
5.
6.5 metres (21.3 feet)
Interior Side Yard End Unit (min.)
No side yard shall be required
along the common property line
or common wall
6.
1.2 metres (3.9 feet)
Rear Yard Depth (minimum)
7.
Building Height (maximum)
8.
4.5 metres (14.7 feet), minimum
20.0 metres (65.5 feet)
5.4
ADDITIONAL PROVISIONS
5.4.1 Condominium Provisions:
Interior roads shall be so designed as to minimize hazards to pedestrians
and to vehicles on roads within the development and on roads in
adjacent areas
Off street parking areas shall not open directly on to a public street, but
shall be provided with access drives or other controlled access. Access
drives shall not serve as part of a specifi ed parking area and shall be
kept clear of parked vehicles.
Pedestrian walks shall be not less than 1.2 metres (4 feet) in width and
shall be provided wherever normal pedestrian traffi c will occur.
Garbage and refuse pickup and other multi- family utility areas shall be
provided and shall be located so as not to detract from the aesthetic
character of the development and shall be enclosed and shielded from
view by fencing, walls or shrubbery of at least 1.5 metres (5 feet) in
height around the perimeter.
All service utilities shall be underground in all multi-family developments.
All developments shall be provided with a liberal and functional
landscaping scheme. Interior roads, parking areas and pedestrian walks
86
Town of Gananoque -- Development Permit By-law
shall be provided with shade trees which are an appropriate size and
character. Open space adjacent to buildings and malls between buildings
that are to be utilized by residents and border strips along the sides of
pedestrian walks shall be graded and seeded.
Approaches to multi-family dwelling structures and entrance areas shall
be provided with trees and attractively shrubbed. Areas not used for
buildings, drives and parking space shall be seeded or landscaped and
shall be kept in an attractive condition.
Interior development roads, parking areas, dwelling entranceways
and pedestrian walks shall be provided with suffi cient illumination to
minimize hazards to pedestrians and vehicles utilizing the same and
shall, where necessary, be shielded to avoid distributing glares to
occupants of buildings. Lighting shall be so arranged as to refl ect away
from adjoining properties.
5.4.2 Multi-Unit Dwellings (Triplex, Townhomes and
Apartment Dwellings)
All multi-unit residential dwellings shall be required to obtain a Class II
Development Permit.
All residential buildings containing more than three (3) dwelling units
shall be required to be located on an arterial or collector roadway.
No parking shall be allowed in either the required front or exterior side
yards.
A maximum of 40% of the lot area may be used for at grade parking.
20 square metres of amenity space shall be provided per dwelling unit.
The provision of an equipped children's play area may be required as a
condition of any Development Permit.
Pedestrian walks shall be not less than 1.2 metres (4 feet) in width and
shall be provided wherever normal pedestrian traffi c will occur.
Garbage and refuse pickup and other multi- family utility areas shall be
provided and shall be located so as not to detract from the aesthetic
character of the development and shall be enclosed and shielded from
view by fencing, walls or shrubbery of at least 1.5 metres (5 feet) in
height around the perimeter.
Approaches to multi-family dwelling structures and entrance areas shall
be provided with trees and attractively shrubbed. Areas not used for
buildings, drives and parking space shall be seeded or landscaped.
87
Town of Gananoque -- Development Permit By-law
5.4.3 Discretionary Uses
All discretionary uses shall be subject to the Class III Development
Permit approval stream.
All discretionary use permit applications shall be supported by a report
and related architectural elevation drawings, prepared by qualifi ed
professionals, which demonstrate that the cultural and architectural
heritage integrity of the Residential designation have been respected
and enhanced by the proposed development. The Class III permit shall
also require demonstration that the proposed discretionary use can
be appropriately developed on the basis of the land uses functional
requirements such as street frontage, access, yard setbacks, vehicular
movements and parking requirements, safety etc.
Day Nurseries may be permitted subject to the following provisions:
All proposals will require submission of design drawings and
demonstration of the following;
Play areas and amenity spaces.
No adverse impacts will occur to abutting property owners as
a result of the proposed use. Where impacts are anticipated or
identifi ed they shall be mitigated to the satisfaction of the Town
of Gananoque.
Proposed development must meet the provisions, requirements
and standards of section 5.3.2 above.
5.4.4 Design Criteria
The following design criteria shall be applied in the review of building
permit applications and development permit applications in the
Residential designation. Refer to the illustrations in section 5.3 for
further guidance and information.
Corner lots should be encouraged
to provide architectural interest
on both street fronts.
88
Town of Gananoque -- Development Permit By-law
New buildings and entrances should
be oriented to the street and are
encouraged to have architectural
interest to contribute to the esthetics
and visual appeal of the community.
Retention of existing mature trees will be required
unless development absolutely precludes retention.
New development will be required at minimum to plant
one tree per lot with a maximum distance between
trees of15 metres.
RESIDENTIAL DESIGN CRITERIA
Match setback, footprint, size and massing patterns of the
neighbourhood, particularly to the immediately adjacent neighbours.
Setbacks of new development should be consistent with adjacent
buildings. Where setbacks are not generally uniform, the new
building should be aligned with the building that is most similar to the
predominant setback on the street.
89
Town of Gananoque -- Development Permit By-law
The use of architectural elements such as roof shapes and
design elements should be in keeping and complementary
to existing and surrounding buildings, traditional patterns
and neighbourhood.
5.4.5 North Garden Street Special Exception - 1, NGS-X1
Notwithstanding any other policy or section of this By-law to the
contrary the area along north Garden Street between Adelaide and
Charles Street shall permit the following uses:
Personal Service Shop
School, Commercial
Clinic
The use of materials and colours that are
representative of the texture, character and
palette of the community/neighbourhood is
strongly encouraged.
90
Town of Gananoque -- Development Permit By-law
5.4.6 Residential Special Exception Designations
R-X1 Notwithstanding any other policy or section of this By-law to
the contrary on the lands identifi ed as R-X1 on Schedule C the
following provisions shall apply:
Rear Yard
7m
Lot Coverage
40%
By- law 1992.26
R-X2 Notwithstanding any other policy or section of this By-law to
the contrary on the lands identifi ed as R-X2 on Schedule C the
following provisions shall apply:
Permitted Use: Single Detached Dwelling only
Provisions:
Lot Area
Only that portion of the subject property
above the 1:100 year fl ood elevation
of 83.5 metres geodetic immediately
Emma Street shall be used for residential
purposes.
Lot Frontage
25m (minimum)
Front Yard
7m
Rear Yard
9m
Side Yard
1.4m
Building Opening
All the building openings must be at a
minimum elevation of 83.8m geodetic.
By-law 1991-13
R-X3 Notwithstanding any other policy or section of this By-law to
the contrary on the lands identifi ed as R-X3 on Schedule C the
following provisions shall apply:
Lot Frontage
5.70m
Density (maximum)
44 units/ha
Lot Area
197.5m2
By-law 1993-8
R-X4 Notwithstanding any other policy or section of this By-law to
the contrary on the lands identifi ed as R-X4 on Schedule C the
following provisions shall apply:
Front Yard
6m
Rear
7m
Lot Coverage
40%
By-law 1992-26
91
Town of Gananoque -- Development Permit By-law
R-X5 Notwithstanding any other policy or section of this By-law to
the contrary on the lands identifi ed as R-X5 on Schedule C the
following provisions shall apply:
Lot Area
384m2
Lot Frontage
11.95m
Front Yard
6m
By-law 2006-33
R-X6 Notwithstanding any other policy or section of this By-law to
the contrary on the lands identifi ed as R-X6 on Schedule C the
following provisions shall apply:
Permitted Use:
School, Private
By-law 2004-41
R-X7 Notwithstanding any other policy or section of this By-law to
the contrary on the lands identifi ed as R-X7 on Schedule C the
following provisions shall apply:
Permitted Use:
Clinic
By-law 2005-19
R-X8 Notwithstanding any other policy or section of this By-law to
the contrary on the lands identifi ed as R-X8 on Schedule C the
following provisions shall apply:
Lot Area
445m2
Front Yard
6.5m
Rear Yard
4.5m
Exterior Yard
3.5m
By-law 2010-12
R-X9 Notwithstanding any other policy or section of this By-law to
the contrary on the lands identifi ed as R-X9 on Schedule C the
following provisions shall apply:
Apartment Dwelling
Front Yard
5.5m
Rear Yard
6m
Density (maximum)
9 units
By-law 2006-50
R-X10 Notwithstanding any other policy or section of this By-law to
the contrary on the lands identifi ed as R-X10 on Schedule C the
following provisions shall apply:
That the Residential Use may develop on private services.
By-law 2001-37
92
Town of Gananoque -- Development Permit By-law
401 HY E
KING ST E
KING ST W
STONE ST N
GARDEN ST
401 HY W
NORTH ST
CHARLES ST N
BEAVER RD
BAY RD
RIVER ST
PINE ST
QUEEN ST
VICTORIA AVE
HERBERT ST
STONE ST S
ELM ST
WILLIAM ST S
CHARLES ST S
JAMES ST N
MAIN ST
FOURTH ST
BIRCH ST
SOUTH ST
FIRST ST
GEORGIANA ST
ELIZABETH DR
WILLIAM ST N
MARKET ST
PINE ST E
SECOND ST
THIRD ST
HENRIETTA ST
SYDENHAM ST
OAK ST
WATER ST W
MAPLE ST S
WILSON DR
CROSBY RD
MAPLE ST N
WELLINGTON ST
JOHN ST
MACDONALD DR
ELMWOOD DR
OSBORNE ST
MILL ST
STEEL ST
EMMA ST
ARTHUR ST
NALON RD
TANNER ST
ALBERTA ST
MACHAR ST
JAMES A BRENNAN RD
CHURCHILL DR
FORSYTH ST
HICKORY ST
CHURCH ST
PRINCESS ST
ADELAIDE ST
COUNTY RD 32
ANN ST
DEMPSTER LANE
BOOTH ST
KATE ST
WINDSOR ST
CENTRE ST
WATER ST E
JAMES ST S
GARFIELD STREET
ONTARIO ST
COUNTY RD 2 RAMP
CONNER DR
THOUSAND ISLANDS PY
TALBOT PL
FIRST ST
401 HY E
STONE ST N
401 HY W
OAK ST
KING ST E
401 HY W
ARTHUR ST
LOT 10
LOT 09
LOT 11
LOT 12
LOT 13
LOT 14
LOT 15
LOT 16
LOT 17
sT.LAWrENCE riVEr
GANANOQUE riVEr
Parcels
Lot Concessions
Watercourse
Estate residential
roads
recreational Pathway
Legend
0
200
400
100
Meters
Drawings are produced by Stantec Consulting Ltd.
with base information supplied by the United Counties
of Leeds & Grenville (2007).
@ August 2010
ESTATE RESIDENTIAL
93
Town of Gananoque -- Development Permit By-law
5.5
ESTATE RESIDENTIAL
It is the intent of the Estate Residential designation to allow for low
density residential uses. Notwithstanding anything in this By-law to the
contrary Estate Residential uses may develop on private services where
municipal services can
5.5.1 Uses
5.5.2
Provisions - Permitted Uses
Single Detached Dwelling
Location of Parking Spaces
Where parking spaces are provided for the exclusive use of a triplex,
duplex, single detached or semi-detached dwelling, the driveway and
parking spaces shall not cover more than 50% of the front yard or
exterior side yard area.
5.5.3 Discretionary Uses
All discretionary uses shall be subject to the Class III Development
Permit approval stream.
PERMITTED
USES
DISCRETIONARY
USES
Group Home
Single Detached Dwelling
Exiting Agricultural Use
Home Based Business subject
to section 3.23
Requirements
Site Provisions
1.0 ha (2.5 acres)
10%
60 metres (196.9 feet)
Lot Area (minimum)
Lot Coverage (maximum)
Lot Frontage (minimum)
1.
2.
3.
15 metres (49.2 feet), minimum
Front Yard Setback (minimum)
4.
Exterior Side Yard Setback
(minimum)
5.
15 metres (49.2 feet)
Interior Side Yard (minimum)
6.
7.0 metres (23 feet)
Rear Yard Depth (minimum)
7.
Building Height (maximum)
8.
15 metres (49.2 feet), minimum
12 metres (36 feet)
94
Town of Gananoque -- Development Permit By-law
All discretionary use permit applications shall be supported by a report
and related architectural elevation drawings, prepared by qualifi ed
professionals, which demonstrate that the cultural and architectural
heritage integrity of the Estate Residential designation have been
respected and enhanced by the proposed development. The Class III
permit shall also require demonstration that the proposed discretionary
use can be appropriately developed on the basis of the land uses
functional requirements such as street frontage, access, yard setbacks,
vehicular movements and parking requirements, safety etc.
5.5.4 Design Criteria
The following design criteria shall be applied in the review of building
permit applications and development permit applications in the Estate
Residential designation.
GENERAL DESIGN CRITERIA
New buildings and entrances should be oriented to the street
and are encouraged to have architectural interest to contribute
to the esthetics and visual appeal of the community.
Retention of existing mature trees will be required unless development
absolutely precludes retention. New development will be required at
minimum to plant one tree per lot with a maximum distance between
trees of15 metres.
Corner lots should be encouraged to provide architectural interest on
both street fronts.
95
Town of Gananoque -- Development Permit By-law
Match setback, footprint, size and massing patterns of the
neighbourhood, particularly to the immediately adjacent neighbours.
Setbacks of new development should be consistent with adjacent
buildings. Where setbacks are not generally uniform, the new
building should be aligned with the building that is most similar to the
predominant setback on the street.
The use of materials and colours that
are representative of the texture,
character and palette of the community/
neighbourhood is strongly encouraged.
96
Town of Gananoque -- Development Permit By-law
The use of architectural elements such as roof shapes and
design elements should be in keeping and complementary
to existing and surrounding buildings, traditional patterns
and neighbourhood.
97
Town of Gananoque -- Development Permit By-law
5.5.5 Special Exception Designations
ER-X1 Notwithstanding any provisions of this By-law to the contrary
the lands indentifi ed as ER-X1 on Schedule C the following
provisions shall apply:
Lot Frontage
0 m
Lots may be located on private rights-of-way and shall have a
minimum lot width adjacent to the right of way of 60 metres.
(196.9 ft)
By-law
2004-11
ER-X2 Notwithstanding any provisions of this By-law to the contrary
the lands indentifi ed as ER-X2 on Schedule C the following
provisions shall apply:
Lot Area (minimum)
1800m2
Lot Frontage
20 m
Front Yard
7.5m
Rear Yard waterfrontage
15m
Side Yard
3m
Building Open Elevation
76.9m geodetic
By-law
1990-22
ER-X3 Notwithstanding any provisions of this By-law to the contrary
the lands indentifi ed as ER-X3 on Schedule C the following
provisions shall apply:
Lot Area (minimum)
1600m2
Lot Frontage
20 m
Front Yard
7.5m
Rear Yard waterfrontage
10m
Side Yard
3m
Floor Area per dwelling
150m2
By-law
1984-10
98
Town of Gananoque -- Development Permit By-law
COMMERCIAL TRADITIONAL CORE
401 HY E
KING ST E
KING ST W
STONE ST N
GARDEN ST
401 HY W
NORTH ST
CHARLES ST N
BEAVER RD
BAY RD
RIVER ST
PINE ST
QUEEN ST
VICTORIA AVE
HERBERT ST
STONE ST S
ELM ST
WILLIAM ST S
CHARLES ST S
JAMES ST N
MAIN ST
FOURTH ST
BIRCH ST
SOUTH ST
FIRST ST
GEORGIANA ST
ELIZABETH DR
WILLIAM ST N
MARKET ST
PINE ST E
SECOND ST
THIRD ST
HENRIETTA ST
SYDENHAM ST
OAK ST
WATER ST W
MAPLE ST S
WILSON DR
CROSBY RD
MAPLE ST N
WELLINGTON ST
JOHN ST
MACDONALD DR
ELMWOOD DR
OSBORNE ST
MILL ST
STEEL ST
EMMA ST
ARTHUR ST
NALON RD
TANNER ST
ALBERTA ST
MACHAR ST
JAMES A BRENNAN RD
CHURCHILL DR
FORSYTH ST
HICKORY ST
CHURCH ST
PRINCESS ST
ADELAIDE ST
COUNTY RD 32
ANN ST
DEMPSTER LANE
BOOTH ST
KATE ST
WINDSOR ST
CENTRE ST
WATER ST E
JAMES ST S
GARFIELD STREET
ONTARIO ST
COUNTY RD 2 RAMP
CONNER DR
THOUSAND ISLANDS PY
TALBOT PL
FIRST ST
401 HY E
STONE ST N
401 HY W
OAK ST
KING ST E
401 HY W
ARTHUR ST
LOT 10
LOT 09
LOT 11
LOT 12
LOT 13
LOT 14
LOT 15
LOT 16
LOT 17
ST.LAWRENCE RIVER
GANANOQUE RIVER
Parcels
Lot Concessions
Watercourse
Commercial Traditional Core
Roads
Recreational Pathway
Legend
0
200
400
100
Meters
Drawings are produced by Stantec Consulting Ltd.
with base information supplied by the United Counties
of Leeds & Grenville (2007).
@ August 2010
99
Town of Gananoque -- Development Permit By-law
6.0
COMMERCIAL TRADITIONAL CORE
It is the intent of the Commercial Traditional Core designation to
preserve historical built form and continue to enhance its cultural
signifi cance with respectful infi ll development, expansions and re-
development.
6.1
USES
PERMITTED
USES
DISCRETIONARY
USES
Day Nursery
Drive-through Facilities
Outdoor Patio
Animal Care
Animal Clinic
Art Gallery
Artisan's Studio
Assembly Hall
Bake Shop
Bank
Butcher Shop
Catalogue Store
Cinema / Theatre
Club Commercial
Clinic
Commercial Sports and
Recreation Establishment
Community Centre
Convenience Store
Custom Workshop
Dry Cleaning Establishment
Dwelling Unit or units located
on the second storey or above
Existing Residential Uses
Funeral Parlour / Home
Health Retreat
Hotel
Institutional Use
Offi ce
Offi ce, Public Administration
Parking Lot
Personal Service Establishment
Pet Shop
Pharmacy
Place of Entertainment
Place of Recreation
Place of Worship
Playground
Private School
Retail Store
Restaurant
Restaurant, Take Out
Second Hand Shop
Service or Repair Establishment
School Commercial
School, Private
Studio
100
Town of Gananoque -- Development Permit By-law
COMMERCIAL TRADITIONAL CORE
101
Town of Gananoque -- Development Permit By-law
6.2
PROVISIONS - PERMITTED USES
6.3
ADDITIONAL PROVISIONS - RESIDENTIAL
Residential uses shall only be located on the upper storeys of any
building within the Commercial Traditional Core except those residential
uses that exist on the date of the passing of this By-Law.
Each residential unit is required to provide 1.0 parking space per unit.
Location of Parking Spaces
Where parking spaces are provided for the exclusive use of a triplex,
duplex, single detached or semi-detached dwelling, the driveway and
parking spaces shall not cover more than 50% of the front yard or
exterior side yard area. No parking is permitted within the front or
exterior side yard.
6.4
ADDITIONAL PROVISIONS - COMMERCIAL
Notwithstanding any other section of this by-law to the contrary no
parking is required for any commercial use in the Commercial Traditional
Core.
6.5
PROVISIONS DISCRETIONARY USE
All discretionary uses shall be subject to the Class III Development
Permit approval stream.
All discretionary use permit applications shall be supported by a report
and related architectural elevation drawings, prepared by qualifi ed
Requirements
Site Provisions
232 square metre
(2497 square feet)
0%
7.5 metres (24.6 feet)
Lot Area (minimum)
Lot Coverage (maximum)
Lot Frontage (minimum)
1.
2.
3.
0 metres
Front Yard Setback (minimum)
4.
Exterior Side Yard Setback
(minimum)
5.
1.5 metres (4.9 feet)
Interior Side Yard (minimum)
6.
0 metres
Rear Yard Depth (minimum)
7.
Building Height (maximum)
8.
0 metres
12.0 metres (39.4 feet)
102
Town of Gananoque -- Development Permit By-law
professionals, which demonstrate that the cultural and architectural
heritage integrity of the Commercial Traditional Core designation have
been respected and enhanced by the proposed development. The
Class III permit shall also require demonstration that the proposed
discretionary use can be appropriately developed on the basis of the
land uses functional requirements such as street frontage, access, yard
setbacks, vehicular movements and parking requirements, safety etc.
Day Nurseries may be permitted subject to the following provisions:
All proposals will require submission of design drawings and
demonstration of the following;
Play areas and amenity spaces.
No adverse impacts will occur to abutting property owners as
a result of the proposed use. Where impacts are anticipated or
identifi ed they shall be mitigated to the satisfaction of the Town
of Gananoque.
Proposed development must meet the provisions, requirements
and standards of section 6.2 above.
Outdoor Patios may be permitted on public sidewalks on King Street
and Stone Street subject to a Class 2 Development Permit and the
entering into a Development Permit agreement with the municipality
such agreement to address issues of liability, safety, hours of hours of
operation, design and operational considerations and such other matter
as the Town may identify.
6.6
DESIGN CRITERIA TRADITIONAL COMMERCIAL CORE
The Traditional Commercial Core provides the Town with an inventory of
historical built form. The original style, use, character and appearance
of the built forms of the Traditional Commercial Core are used as a
reference point for the following design criteria. Refer to the illustrations
in section 6.1 for further guidance and information.
103
Town of Gananoque -- Development Permit By-law
All development projects need not exclusively mimic traditional elements
but shall blend in with existing elements of character, scale and design.
New work should be complimentary in appearance to the original.
GENERAL DESIGN CRITERIA
Restore rather than replace if possible. If replacement cannot be
avoided then replacement items should be of the same style, size and
general proportion as the original.
Avoid new materials and construction methods if the original is still
available.
Directional emphasis is to be maintained along the streetscape.
Chimney construction will be masonry brick or stone.
Balcony construction will be of wooden construction with or without
wooden columns. Railings shall be wood or ornamental metal only.
Colour shall match and maintain consistency with the primary structure
or building. Fire escapes shall be constructed as required by the Building
Code in black metal.
If alterations are required to provide barrier free access, ramps and
railings should be designed to blend in with the original building as
much as possible. This will include the use of wood and ornamental
metal.
Additions are only permitted in the rear yard and shall maintain the
same proportions and provide for a complimentary product. Applicants
should assess the current built form with regard for exterior cladding,
scale and type of windows and doors, roof line and colour of the original
structure. Garages shall be located at the side of the principal structure
and integral to it or as a separate accessory structure.
Exterior colour elements should
consist of neutral tones of heritage
colours with accents. Painted brick
is not permitted. For additional
permitted colours see Appendix A.
104
Town of Gananoque -- Development Permit By-law
COMMERCIAL TRADITIONAL CORE DESIGN CRITERIA
Maintain the original storefront design. Storefront elements
such as: display windows, transom windows, entrance doors,
sign panel, storefront cornice, awnings, tile and terrazzo
landings should be retained if possible. Replacement with
reproduction materials that mimic or reproduce the original
elements is preferred. Original elements of the structure such
as entrance and decorative details are required to remain.
New development applications will require restoration to
original details if recessed entrances and traditional storefront
designs have been hidden.
Lighting is restricted to
soffi ts of the building or
surface mounted off the
building.
Roofs will be fl at with decorative crown
moldings at roof's edge and windows
or constructed with two slopes and
decorative crown moldings at roof's edge
and windows. Cornices are encouraged
to maintain a consistent cornice height
along the streetscape. Contemporary
interpretations of historic cornices are
permitted. Building facades should
incorporate consistent roof lines with
abutting properties.
105
Town of Gananoque -- Development Permit By-law
Façade will be constructed of one (1) or two (2) materials
being masonry (brick or stone), solid wood siding or stucco.
Maintenance of the established pattern of façade division along
King Street East will be evaluated with any new development
permit application. The installation of air conditioners, satellite
dishes, hydro meters, masts, gas valves and piping on the street
façade of buildings is prohibited.
Side elevations are required to be
constructed of one material either
masonry (brick or stone), solid
wood siding or similar like product
Traditional elements of character, scale and design to
be considered with any new development application
include:
When a building is altered or a new building is
proposed in the commercial; core the streetscape
as a whole takes precedence over any individual
building. Design elements such as siting, massing,
proportion, composition, exterior fi nish and detail
contribute to "fi tting in" with the existing character
of the area.
106
Town of Gananoque -- Development Permit By-law
COMMERCIAL TRADITIONAL CORE DESIGN CRITERIA
Signage shall be restricted to storefront glazing; the horizontal
signage band located above the display windows, or a hanging
sign, projecting above the entrance. Backlit or fl uorescent signs
are prohibited. The preferred type of sign illumination is shielded,
incandescent lighting at the top or side of the sign. The size and
scale of the sign should correspond to the building.
Maintain original windows if possible or install reproduction windows
if new windows are necessary. Modifi cation to the original masonry
window openings is prohibited. Upper façade windows should
maintain the existing pattern along King Street East. Alignment of
window openings on the horizontal plane is required. Street level
display windows should be provided that allow for sightlines into the
commercial space if applicable to the proposed use.
107
Town of Gananoque -- Development Permit By-law
Fencing shall be constructed with rough
iron, ornamental metal or wood in neutral
tones and heritage colours.
Parking Lots shall be screened from the street edge
by both hard features (masonry stone wall) and soft
landscape elements such as trees, shrubs, planters and
urns. Street trees will be deciduous. Masonry wall will
have a stone or concrete cropping with no vertical stone
capping permitted.
108
Town of Gananoque -- Development Permit By-law
Awnings along street frontages
shall complement exterior
facades in colour and design.
Garbage receptacles are to be enclosed by
wood screen or planted hedge. Garbage
enclosures are to be fenced and screened
with soft landscape elements and are only
permitted in the rear yard.
Hard Landscape features shall
include a concrete or unit
paver landing or stone patio
area.
Site Furnishing such as light
fi xtures, park benches, waste
receptacles and street signage
shall maintain consistency
with existing and municipal
standard.
Crosswalks will be defi ned
with prefab concrete pavers or
poured in place concrete.
109
Town of Gananoque -- Development Permit By-law
6.7
SPECIAL EXCEPTIONS
TC-X1
Notwithstanding any provisions of this By-law to the
contrary the lands indentifi ed as TC-X1 on Schedule C the
following provisions shall apply:
Permitted Use: Teletheatre
By-law
2009-55
110
Town of Gananoque -- Development Permit By-law
401 HY E
KING ST E
KING ST W
STONE ST N
GARDEN ST
401 HY W
NORTH ST
CHARLES ST N
BEAVER RD
BAY RD
RIVER ST
PINE ST
QUEEN ST
VICTORIA AVE
HERBERT ST
STONE ST S
ELM ST
WILLIAM ST S
CHARLES ST S
JAMES ST N
MAIN ST
FOURTH ST
BIRCH ST
SOUTH ST
FIRST ST
GEORGIANA ST
ELIZABETH DR
WILLIAM ST N
MARKET ST
PINE ST E
SECOND ST
THIRD ST
HENRIETTA ST
SYDENHAM ST
OAK ST
WATER ST W
MAPLE ST S
WILSON DR
CROSBY RD
MAPLE ST N
WELLINGTON ST
JOHN ST
MACDONALD DR
ELMWOOD DR
OSBORNE ST
MILL ST
STEEL ST
EMMA ST
ARTHUR ST
NALON RD
TANNER ST
ALBERTA ST
MACHAR ST
JAMES A BRENNAN RD
CHURCHILL DR
FORSYTH ST
HICKORY ST
CHURCH ST
PRINCESS ST
ADELAIDE ST
COUNTY RD 32
ANN ST
DEMPSTER LANE
BOOTH ST
KATE ST
WINDSOR ST
CENTRE ST
WATER ST E
JAMES ST S
GARFIELD STREET
ONTARIO ST
COUNTY RD 2 RAMP
CONNER DR
THOUSAND ISLANDS PY
TALBOT PL
FIRST ST
401 HY E
STONE ST N
401 HY W
OAK ST
KING ST E
401 HY W
ARTHUR ST
LOT 10
LOT 09
LOT 11
LOT 12
LOT 13
LOT 14
LOT 15
LOT 16
LOT 17
ST.LAWRENCE RIVER
GANANOQUE RIVER
Parcels
Lot Concessions
Watercourse
Progressive Commercial District
Roads
Recreational Pathway
Legend
0
200
400
100
Meters
Drawings are produced by Stantec Consulting Ltd.
with base information supplied by the United Counties
of Leeds & Grenville (2007).
@ August 2010
PROGRESSIVE COMMERCIAL DISTRICT
111
Town of Gananoque -- Development Permit By-law
7.0 PROGRESSIVE COMMERCIAL DISTRICT
It is the intent of the Progressive Commercial District designation to
provide for opportunities that link the Traditional Commercial Core with
the Gateway Commercial designation. The area enjoys both traditional
and modern built structures and it is desirable to integrate the character
to provide for an interesting streetscape.
7.1
USES
PERMITTED USES
DISCRETIONARY USES
Animal Care
Animal Clinic
Art Gallery
Artisan's Studio
Assembly Hall
Auditorium
Automotive Service Station
Automotive Rental Establishment
Automotive Sales and Service
Establishment
Bake Shop
Bank
Butcher Shop
Catalogue Store
Cinema / Theatre
Clinic
Club Commercial
Club Private
Commercial School
Commercial Sports and
Recreation Establishment
Community Centre
Convenience Store
Custom Workshop
Dry Cleaning Establishment
Dwelling Unit or units located on
the second storey or above
Funeral Parlour/Home
Health Retreat
Hotel
Institution
Museum
Offi ce
Offi ce, Public Administration
Parking Lot
Personal Service Establishment
Pet Shop
Pharmacy
Place of Entertainment
Place of Recreation
Place of Worship
Playground
Public Maket
Propane / Compressed Gas
Transfer Faciliy
Retail Store
Restaurant
Restaurant, Take Out
Second Hand Shop
Service or Repair Establishment
School Commercial
School, Public or Private
Studio
Taxi Station
Automobile Washing
Establishment
Day Nursery
Drive-through Facilities
Outdoor Patio
112
Town of Gananoque -- Development Permit By-law
PROGRESSIVE COMMERCIAL
DISTRICT
113
Town of Gananoque -- Development Permit By-law
7.2
PROVISIONS - PERMITTED USES
7.3
ADDITIONAL PROVISIONS, RESIDENTIAL
Residential uses shall only be located on the upper storeys of any
building within the Progressive Commercial designation except those
residential uses that exist on the date of the passing of this By-Law.
Each residential unit is required to provide 1.0 parking space per unit.
Location of Parking Spaces
Where parking spaces are provided for the exclusive use of a triplex,
duplex, single detached or semi-detached dwelling, the driveway and
parking spaces shall not cover more than 50% of the front yard or
exterior side yard area. No parking is permitted within the front or
exterior side yard.
7.4
ADDITIONAL PROVISIONS DISCRETIONARY USE
All discretionary uses shall be subject to the Class III Development
Permit approval stream.
All discretionary use permit applications shall be supported by a report
and related architectural elevation drawings, prepared by qualifi ed
professionals, which demonstrate that the cultural and architectural
heritage integrity of the Progressive Commercial District designation
have been respected and enhanced by the proposed development.
The Class III permit shall also require demonstration that the proposed
discretionary use can be appropriately developed on the basis of the
land uses functional requirements such as street frontage, access, yard
setbacks, vehicular movements and parking requirements, safety etc.
Requirements
Site Provisions
464 square metre
(4995 square feet)
60%
15 metres (49 feet)
Lot Area (minimum)
Lot Coverage (maximum)
Lot Frontage (minimum)
1.
2.
3.
7.0 metres (23 feet), minimum
Front Yard Setback (minimum)
4.
Exterior Side Yard Setback
(minimum)
5.
6.0 metres (19.6 feet)
Interior Side Yard (minimum)
6.
1.2 metres (3.9 feet)
Rear Yard Depth (minimum)
7.
Building Height (maximum)
8.
4.5 metres (14.7 feet), minimum
12.0 metres (39.4 feet)
114
Town of Gananoque -- Development Permit By-law
Day Nurseries may be permitted subject to the following provisions:
All proposals will require submission of design drawings and
demonstration of the following;
Adequate parking is available for attendee and staffi ng
requirements;
Play areas and amenity spaces.
No adverse impacts will occur to abutting property owners as
a result of the proposed use. Where impacts are anticipated or
identifi ed they shall be mitigated to the satisfaction of the Town
of Gananoque.
Proposed development must meet the provisions, requirements
and standards of section 7.2 above.
Outdoor Patios may be permitted on public sidewalks on King Street
subject to a Class II Development Permit and the entering into a
Development Permit agreement with the municipality such agreement
to address issues of liability, safety, hours of hours of operation, design
and operational considerations and such other matter as the Town may
identify.
7.5
DESIGN CRITERIA PROGRESSIVE COMMERCIAL
DESIGNATION
The following design criteria shall be applied in the review of building
permit applications and development permit applications in the
Progressive Commercial designation. Refer to the illustration in section
7.1 for further guidance and information.
115
Town of Gananoque -- Development Permit By-law
Residential
Residential
Commercial
Where a progressive commercial use is located
adjacent to a residential use, a 3.0 metre (9.8
feet) landscaped buffer strip shall be provided
between the commercial and the residential use.
Residential
Residential
Commercial
Where additions or improvements are proposed on existing
buildings an effort will be made to improve the streetscape by
the addition of landscape materials to a depth of 5.0 metres
(16.4 feet) including street trees a minimum of 50 millimetres
caliper, street furniture, lighting and sidewalks.
PROGRESSIVE COMMERCIAL DESIGN CRITERIA
116
Town of Gananoque -- Development Permit By-law
PROGRESSIVE COMMERCIAL DESIGN CRITERIA
Garbage receptacles are to be enclosed by wood screen or
planted hedge.
Garbage enclosures are to be fenced and screened with soft
landscape elements and are only permitted in the rear yard.
When a building is altered or a new building is proposed in the
Progressive Commercial designation the assembly of the streetscape as
a whole takes precedence over any individual building. Design elements
such as siting, massing, proportion, composition, material choice,
fi nish, and detail contribute to "fi tting in" and complementing existing
inventory.
All development projects need not exclusively mimic existing built form
elements but should blend in with existing elements of character, scale
and design. New work should be complimentary in appearance to the
original.
117
Town of Gananoque -- Development Permit By-law
Buffers shall consist of plant material screens and
structural elements that are designed and maintained in a
staggered or undulating manner to create a more natural
looking landscape. Not less than 50% of the landscaped
area shall consist of natural plantings of grass, lawns,
trees, shrubs and fl owers. Soft landscape materials may
also include shrubs and planting at foundation base,
container planting consisting of urns, planters, window
boxes or suspended baskets.
Street trees are to be provided wherever possible. Planters
and containers shall be considered as an alternative where
insuffi cient area exists for the long term health of the tree.
Buildings should be orientated towards the street and
parking provided in the rear or side of building. Where
property fabric will not lend itself to the provision of
parking except at the front of the building, parking
will be buffered and screened by landscape materials
providing an element of all season screening.
118
Town of Gananoque -- Development Permit By-law
Site Furnishings such as light fi xtures, park benches,
waste receptacles and street signage shall be in
accordance with municipal standards.
Crosswalks will be defi ned with prefabricated concrete
pavers or poured in place concrete.
The following elements are also to be considered as
development is proposed:
Directional emphasis is to be maintained along the
streetscape.
If alterations are required to provide barrier free
access, ramps and railings should be designed
to blend in with the original building as much as
possible. This will include the use of wood and
ornamental metal.
Pedestrian walkways and
sidewalks shall provide
consistent materials and
design along the streetscape.
All walkways and access
pathways shall have regard
and provide for accessibility
wherever possible.
PROGRESSIVE COMMERCIAL DESIGN CRITERIA
119
Town of Gananoque -- Development Permit By-law
7.6
SPECIAL EXCEPTIONS
PC-X1
Notwithstanding any provisions of this By-law to the contrary
the lands indentifi ed as PC-X1 on Schedule C the following
provisions shall apply:
Front Yard
2m
Rear Yard
1m
Exterior Side Yard
0m
Lot coverage
65%
Parking Spaces
8
By-law
1990-12
120
Town of Gananoque -- Development Permit By-law
GATEWAY COMMERCIAL
401 HY E
KING ST E
KING ST W
STONE ST N
GARDEN ST
401 HY W
NORTH ST
CHARLES ST N
BEAVER RD
BAY RD
RIVER ST
PINE ST
QUEEN ST
VICTORIA AVE
HERBERT ST
STONE ST S
ELM ST
WILLIAM ST S
CHARLES ST S
JAMES ST N
MAIN ST
FOURTH ST
BIRCH ST
SOUTH ST
FIRST ST
GEORGIANA ST
ELIZABETH DR
WILLIAM ST N
MARKET ST
PINE ST E
SECOND ST
THIRD ST
HENRIETTA ST
SYDENHAM ST
OAK ST
WATER ST W
MAPLE ST S
WILSON DR
CROSBY RD
MAPLE ST N
WELLINGTON ST
JOHN ST
MACDONALD DR
ELMWOOD DR
OSBORNE ST
MILL ST
STEEL ST
EMMA ST
ARTHUR ST
NALON RD
TANNER ST
ALBERTA ST
MACHAR ST
JAMES A BRENNAN RD
CHURCHILL DR
FORSYTH ST
HICKORY ST
CHURCH ST
PRINCESS ST
ADELAIDE ST
COUNTY RD 32
ANN ST
DEMPSTER LANE
BOOTH ST
KATE ST
WINDSOR ST
CENTRE ST
WATER ST E
JAMES ST S
GARFIELD STREET
ONTARIO ST
COUNTY RD 2 RAMP
CONNER DR
THOUSAND ISLANDS PY
TALBOT PL
FIRST ST
401 HY E
STONE ST N
401 HY W
OAK ST
KING ST E
401 HY W
ARTHUR ST
LOT 10
LOT 09
LOT 11
LOT 12
LOT 13
LOT 14
LOT 15
LOT 16
LOT 17
ST.LAWRENCE RIVER
GANANOQUE RIVER
Parcels
Lot Concessions
Watercourse
Gateway Commercial
Roads
Recreational Pathway
Legend
0
200
400
100
Meters
Drawings are produced by Stantec Consulting Ltd.
with base information supplied by the United Counties
of Leeds & Grenville (2007).
@ August 2010
121
Town of Gananoque -- Development Permit By-law
8.0
GATEWAY COMMERCIAL
It is the intent of the Gateway Commercial designation to provide
opportunities for commercial development which require larger lot areas
and which are designed to serve the traveling public. The designation
also takes into consideration the need to provide an attractive entrance
into the municipality.
8.1
USES
PERMITTED USES
Animal Care
Animal Clinic
Arcade
Assembly Hall
Auditorium
Automotive Body Shop
Automotive Rental Establishement
Automobile Sales and Service
Establishment
Automotive Service Station
Automobile Washing
Establishment
Bakery
Bank
Bingo Hall
Boat or Recreational Vehicle
Establishment
Building Contractor's Shop
Building Supply Store
Butcher shop
Catalogue Store
Cinema / Theatre
Club Commercial or Private
Commercial Sports and
Recreation Establishment
Existing Accessory Dwelling Unit
Commercial Storage
Convenience Store
Custom Workshop
Dry Cleaning Establishment
Equipment Rental
Establishment
Existing Residential Uses
Flea Market
Funeral Parlour/Home
Garden Centre
Golf Course, Miniature
Hotel
Laundromat
Motel
Offi ce
Parking Lot
Personal Service Establishment
Pet Shop
Pharmacy
Place of Assembly
Place of Entertainment
Place of Recreation
Propane / Compressed
Natural Gas
Public Market
Public Use
Recreation Vehicle Sales and
Storage
Restaurant
Restaurant, Take Out
Retail Store
School, Private
Service or Repair
Establishment
Shopping Centre
Studio
Vehicle Agency
Video Rental Outlet
Warehouse
Wholesale Establishment
122
Town of Gananoque -- Development Permit By-law
DISCRETIONARY
USES
Automobile Washing
Establishment
Day Nursery
Drive-through Facilities
Outdoor Patio
Residential Uses on the fi rst
storey
8.2
PROVISIONS - PERMITTED USES
Requirements
Site Provisions
930 square metre
(10,011 square feet)
40%
24 metres (78.7 feet)
Lot Area (minimum)
Lot Coverage (maximum)
Lot Frontage (minimum)
1.
2.
3.
10.0 metres (32.8 feet)
Front Yard Setback (minimum)
4.
Exterior Side Yard Setback
(minimum)
5.
6.0 metres (19.6 feet)
Interior Side Yard (minimum)
6.
2.2metres (6.6 feet)
Rear Yard Depth (minimum)
7.
Building Height (maximum)
8.
4.5 metres (14.7 feet)
13.0 metres (42.6 feet)
8.3
ADDITIONAL PROVISIONS DISCRETIONARY USE
All discretionary uses shall be subject to the Class III Development
Permit approval stream.
All discretionary use permit applications shall be supported by a report
and related architectural elevation drawings, prepared by qualifi ed
professionals, which demonstrate that the cultural and architectural
heritage integrity of the Gateway Commercial designation have been
respected and enhanced by the proposed development. The Class III
permit shall also require demonstration that the proposed discretionary
use can be appropriately developed on the basis of the land uses
functional requirements such as street frontage, access, yard setbacks,
vehicular movements and parking requirements, safety etc.
123
Town of Gananoque -- Development Permit By-law
Day Nurseries may be permitted subject to the following provisions:
All proposals will require submission of design drawings and
demonstration of the following;
Adequate parking is available for attendee and staffi ng
requirements;
Play areas and amenity spaces.
No adverse impacts will occur to abutting property owners as
a result of the proposed use. Where impacts are anticipated or
identifi ed they shall be mitigated to the satisfaction of the Town
of Gananoque.
Proposed development must meet the provisions, requirements
and standards of section 8.2 above.
Outdoor Patios may be permitted on public sidewalks on King Street
subject to a Class II Development Permit and the entering into a
Development Permit agreement with the municipality such agreement
to address issues of liability, safety, hours of hours of operation, design
and operational considerations and such other matter as the Town may
identify.
8.4
DESIGN CRITERIA - GATEWAY COMMERCIAL
DESIGNATION
The Gateway Commercial designation provides for commercial
development which requires larger lots in an area which services
the needs of Town residents as well as residents from the greater
region. Positioned at the various accesses into the municipality these
commercial areas also serve as gateways into Gananoque. Accordingly
the following design criteria have been developed to provide for the
transition of existing commercial uses and the development of future
uses into a more cohesive and attractive commercial area.
GENERAL DESIGN CRITERIA
Buildings located at intersections should provide exterior details on both
street fronts. These areas will provide gateways into the commercial
nodes.
124
Town of Gananoque -- Development Permit By-law
GATEWAY COMMERCIAL DESIGN CRITERIA
Entrances to parking areas should be well defi ned by signage
and curbing. Wherever possible abutting commercial parking
lots should be linked to provide for consolidated parking
and ease of vehicular movements. Parking lots shall provide
landscape elements within the islands and along thoroughfares.
Provision for pedestrians within the site must be demonstrated.
Cyclists must also be considered when developing site layout.
Buildings should be orientated towards the street and
parking provided in the rear or side of building. Where
property fabric will not lend itself to the provision of
parking except at the front of the building, parking will be
buffered and screened by landscape materials providing an
element of all season screening. At no time will parking be
provided within the front yard setback.
Buildings should be integrated with the
existing grade and provide at grade
entrances or alternatively accessible
modifi cations should be provided.
Provide façade interest to
include varied materials.
Avoid long expanses of the
same cladding.
Include features along corners and
roof tops to create focus elements.
125
Town of Gananoque -- Development Permit By-law
Where a building elevation is adjacent to a roadway,
elevations will be required to have an appropriate
number of projections and recessed areas and a
variety of cladding types in order to ensure that a
monotonous building facade is not created.
Residential
Residential
Commercial
Buffers shall consist of plant material screens
and structural elements that are designed and
maintained in a staggered or undulating manner to
create a more natural looking landscape. Not less
than 50% of the landscaped area shall consist of
natural plantings of grass, lawns, trees, shrubs and
fl owers. Soft landscape materials may also include
shrubs and planting at foundation base, container
planting consisting of urns, planters, window boxes
or suspended baskets.
Where a highway commercial use is located
adjacent to a residential use a 3.0 metre (9.8 feet)
landscaped buffer strip shall be provided.
EXISTING BUILDINGS
Where additions or improvements are proposed on
existing buildings an effort will be made to improve
the streetscape by the addition of landscape
materials to a depth of 5.0 metres (16.4 feet)
including street trees a minimum of 50 millimetres
caliper, street furniture, lighting and sidewalks.
126
Town of Gananoque -- Development Permit By-law
GATEWAY COMMERCIAL DESIGN CRITERIA
A minimum of 5.0 metres (16.4
feet) of buffered landscaped
area shall be provided within the
10.0 metre (32.8 feet) front yard
setback.
All building service areas shall be
located away from public view.
Pedestrian crosswalks and pathways
either internal to the site or providing
pedestrian access to the site will be
defi ned with the addition of unit pavers
or feature pavers.
All walkways and access pathways shall
have regard and provide for accessibility
wherever possible.
Garbage enclosures are to be fenced and screened with
soft landscape elements. Garbage receptacles require
screening (wood or metal). Recommended locations
include inside parking courts or at the end of parking
bays. Locations should be conveniently accessible for
trash collection and maintenance and should not block
access drives during loading operations.
NEW DEVELOPMENTS
127
Town of Gananoque -- Development Permit By-law
8.5
SPECIAL EXCEPTIONS
GC-X1
Notwithstanding any provisions of this By-law to the contrary
the lands indentifi ed as GC-X1 on Schedule C the following
provisions shall apply:
Loading Spaces Required
1
Landscaped Buffer Strip
1.5 m
Rear yard
3m
By-law
2007-37
128
Town of Gananoque -- Development Permit By-law
EMPLOYMENT DISTRICT
401 HY E
KING ST E
KING ST W
STONE ST N
GARDEN ST
401 HY W
NORTH ST
CHARLES ST N
BEAVER RD
BAY RD
RIVER ST
PINE ST
QUEEN ST
VICTORIA AVE
HERBERT ST
STONE ST S
ELM ST
WILLIAM ST S
CHARLES ST S
JAMES ST N
MAIN ST
FOURTH ST
BIRCH ST
SOUTH ST
FIRST ST
GEORGIANA ST
ELIZABETH DR
WILLIAM ST N
MARKET ST
PINE ST E
SECOND ST
THIRD ST
HENRIETTA ST
SYDENHAM ST
OAK ST
WATER ST W
MAPLE ST S
WILSON DR
CROSBY RD
MAPLE ST N
WELLINGTON ST
JOHN ST
MACDONALD DR
ELMWOOD DR
OSBORNE ST
MILL ST
STEEL ST
EMMA ST
ARTHUR ST
NALON RD
TANNER ST
ALBERTA ST
MACHAR ST
JAMES A BRENNAN RD
CHURCHILL DR
FORSYTH ST
HICKORY ST
CHURCH ST
PRINCESS ST
ADELAIDE ST
COUNTY RD 32
ANN ST
DEMPSTER LANE
BOOTH ST
KATE ST
WINDSOR ST
CENTRE ST
WATER ST E
JAMES ST S
GARFIELD STREET
ONTARIO ST
COUNTY RD 2 RAMP
CONNER DR
THOUSAND ISLANDS PY
TALBOT PL
FIRST ST
401 HY E
STONE ST N
401 HY W
OAK ST
KING ST E
401 HY W
ARTHUR ST
LOT 10
LOT 09
LOT 11
LOT 12
LOT 13
LOT 14
LOT 15
LOT 16
LOT 17
ST.LAWRENCE RIVER
GANANOQUE RIVER
Parcels
Lot Concessions
Watercourse
Employment Lands
Roads
Recreational Pathway
Legend
0
200
400
100
Meters
Drawings are produced by Stantec Consulting Ltd.
with base information supplied by the United Counties
of Leeds & Grenville (2007).
@ August 2010
129
Town of Gananoque -- Development Permit By-law
9.0
EMPLOYMENT DISTRICT
It is the intent of the Employment District designation to provide for
employment opportunities within areas of the Town that provide a wide
range of uses and also allow for complimentary uses for employees and
other residents of the Town. Development standards are intended to
limit land use confl icts and provide for buffering and screening through
increased landscape site design requirements.
9.1
USES
PERMITTED
USES
Assembly Hall
Assembly Plant
Auction House
Automotive Body Shop
Automotive Sales and Service
Establishment
Automotive Rental Establishment
Bake Shop
Building Contractor's Shop
Building Supply Store
Bulk Storage
Catering Establishment
Commercial Greenhouse
Commercial Sports and
Recreation Establishment
Commercial Storage
Communications Facility
Convenience Store
Custom Workshop
Drive-through Facilities
Dry Cleaning Establishment
Equipment Rental Establishment
Equipment Sales Establishment
Equipment Service and Repair
Factory Outlet
Farm Supply and Machinery Sales
and Service
Fuel Depot
Industrial Class I and II Uses
Industrial Mall
Industrial or Business Service
Centre
Manufacturing Plant
Marine Commercial Facility
Marine Facility
Mini Warehouse and Public
Storage
Offi ce
Parking Lot
Printing and Publishing
Establishment
Propane Compressed Gas
Transfer Facility
Recreational Vehicle Sales
or Storage
Restaurant
Restaurant, Take Out
Retail Outlet
Sample and Showroom
Sawmill or Planing Mill
Service or Repair
Establismment
Transportation Depot
Terminal
Warehouse
130
Town of Gananoque -- Development Permit By-law
9.2
PROVISIONS - PERMITTED USES
Requirements
Site Provisions
743 square metre
(7998 square feet)
60%
18 metres (59.1 feet)
Lot Area (minimum)
Lot Coverage (maximum)
Lot Frontage (minimum)
1.
2.
3.
7.0 metres (23 feet)
Front Yard Setback (minimum)
4.
Exterior Side Yard Setback
(minimum)
5.
6.0 metres (19.6 feet)
Interior Side Yard (minimum)
6.
3.0 metres (9.8 feet)
Rear Yard Depth (minimum)
7.
Building Height (maximum)
8.
4.5 metres (14.7 feet)
15.0 metres (49.2 feet)
9.3
ADDITIONAL PROVISIONS DISCRETIONARY USE
All discretionary uses shall be subject to the Class III Development
Permit approval stream.
All discretionary use permit applications shall be supported by a report
and related architectural elevation drawings, prepared by qualifi ed
professionals, which demonstrate that the cultural and architectural
heritage integrity of the Employment District designation have been
respected and enhanced by the proposed development. The Class III
permit shall also require demonstration that the proposed discretionary
use can be appropriately developed on the basis of the land uses
functional requirements such as street frontage, access, yard setbacks,
vehicular movements and parking requirements, safety etc.
Residential uses for the specifi c use of a site caretaker may be
permitted subject to the following provisions:
DISCRETIONARY
USES
Accesory Residential Unit
Gatehouse
Tarpaulin Structure
131
Town of Gananoque -- Development Permit By-law
All proposals are subject to a Class III Development Permit
approval stream;
A full drawing set will be required to be submitted for review and
consideration prior to approval;
The health and safety of the resident would not be compromised
by means of development approval.
A Gatehouse is permitted as a security measure on site and subject to
a Class II Development Permit approval stream.
A full drawing set will be required to be submitted for review and
consideration prior to approval.
A Tarpaulin Structure is permitted for the purposes of the storage of
goods essential to the primary use of the property;
A full drawing set will be required to be submitted for review and
consideration prior to approval;
The structure shall be screened and buffered from abutting land
holdings
The structure is only permitted in the rear yard
All proposals are subject to a Class II Development Permit approval
stream.
9.4
DESIGN CRITERIA EMPLOYMENT DESIGNATION
The Employment designation provides for economic and employment
services for Town residents as well as residents from the greater region.
Positioned at the northern access into the municipality and abutting
Highway 401 this area also serves as a gateway into Gananoque.
Accordingly the following design criteria have been developed to frame
the gateway into the community.
132
Town of Gananoque -- Development Permit By-law
EMPLOYMENT DISTRICT DESIGN CRITERIA
Pedestrian crosswalks and pathways either
internal to the site or providing pedestrian access
to the site will be defi ned with the addition of unit
pavers or feature pavers and shall be designed to
be accessible.
All walkways and access pathways shall have
regard and provide for accessibility wherever
possible.
GENERAL DESIGN CRITERIA
Where a building elevation is adjacent to a roadway, elevations
will be required to have an appropriate number of projections and
recessed areas and a variety of cladding types in order to ensure
that a monotonous building facade is not created.
All building service areas shall be located away from public view.
Buildings located at intersections should provide exterior details on both
street fronts. These areas will provide gateways into the commercial
nodes.
Buildings should be integrated with the existing grade and provide at
grade entrances or alternatively accessible modifi cations should be
provided. Entrances should be prominent.
133
Town of Gananoque -- Development Permit By-law
Residential
Residential
Employment
A 3.0 metre (9.8 feet) landscaped
buffer strip shall be provided
abutting all residential uses.
Buffers shall consist of plant material screens and structural elements
that are designed and maintained in a staggered or undulating
manner to create a more natural looking landscape. Not less than
50% of the landscaped area shall consist of natural plantings of
grass, lawns, trees, shrubs and fl owers. Soft landscape materials
may also include shrubs and planting at foundation base, container
planting consisting of urns, planters, window boxes or suspended
baskets.
134
Town of Gananoque -- Development Permit By-law
Garbage enclosures are to be fenced and screened with
soft landscape elements. Garbage receptacles require
screening (wood or metal). Recommended locations
include inside parking courts or at the end of parking
bays. Locations should be conveniently accessible for trash
collection and maintenance and should not block access
drives during loading operations.
EMPLOYMENT DISTRICT DESIGN CRITERIA
Entrances to parking areas should be well
defi ned by signage and curbing. Parking
lots shall provide landscape elements
within the islands and along thoroughfares.
Provision for pedestrians within the site
must be demonstrated. Cyclists must also be
considered when developing site layout.
A minimum of 5.0 metres (16.4 feet)
of buffered landscaped area shall be
provided within the 7.0 metre (24.7
feet) front yard setback.
Buildings should be orientated towards the street and parking
provided in the rear or side of building. Where property fabric will
not lend itself to the provision of parking except at the front of
the building, parking will be buffered and screened by landscape
materials providing an element of all season screening. At no time
will parking be provided within the front yard setback.
135
Town of Gananoque -- Development Permit By-law
9.5
SPECIAL EXCEPTIONS
M-X1 Notwithstanding any provisions of this By-law to the contrary the
lands indentifi ed as M-X1 on Schedule C the following provisions
shall apply:
Lot Frontage
0 metres
Lot Area
2787m2 (30,000 sq ft)
Notwithstanding any provisions of this By-law to the contrary the
lands indentifi ed as M-X1 on Schedule C shall be permitted to
develop on private services.
By-law
1993-26
M-X2 Notwithstanding any provisions of this By-law to the contrary the
lands indentifi ed as M-X2 on Schedule C the following provisions
shall apply:
Permitted Use:
Retail
Parking Requirements: 150 spaces
By-law
2008-36
M-X3 Notwithstanding any provisions of this By-law to the contrary the
lands indentifi ed as M-X3 on Schedule C the following provisions
shall apply:
Permitted Use:
Theatre
Retail as an accessory use to a warehouse
Retail as an accessory use to a restaurant
By-law
2010-12
M-X4 Notwithstanding any provisions of this By-law to the contrary the
lands indentifi ed as M-X4 on Schedule C the following provisions
shall apply:
Permitted Use:
Indoor Archery Range
Archery Pro Shop
Notwithstanding any provisions of this By-law to the contrary the
lands indentifi ed as M-X4 on Schedule C shall be permitted to
develop on private services.
By-law
2001-05
136
Town of Gananoque -- Development Permit By-law
RURAL
401 HY E
KING ST E
KING ST W
STONE ST N
GARDEN ST
401 HY W
NORTH ST
CHARLES ST N
BEAVER RD
BAY RD
RIVER ST
PINE ST
QUEEN ST
VICTORIA AVE
HERBERT ST
STONE ST S
ELM ST
WILLIAM ST S
CHARLES ST S
JAMES ST N
MAIN ST
FOURTH ST
BIRCH ST
SOUTH ST
FIRST ST
GEORGIANA ST
ELIZABETH DR
WILLIAM ST N
MARKET ST
PINE ST E
SECOND ST
THIRD ST
HENRIETTA ST
SYDENHAM ST
OAK ST
WATER ST W
MAPLE ST S
WILSON DR
CROSBY RD
MAPLE ST N
WELLINGTON ST
JOHN ST
MACDONALD DR
ELMWOOD DR
OSBORNE ST
MILL ST
STEEL ST
EMMA ST
ARTHUR ST
NALON RD
TANNER ST
ALBERTA ST
MACHAR ST
JAMES A BRENNAN RD
CHURCHILL DR
FORSYTH ST
HICKORY ST
CHURCH ST
PRINCESS ST
ADELAIDE ST
COUNTY RD 32
ANN ST
DEMPSTER LANE
BOOTH ST
KATE ST
WINDSOR ST
CENTRE ST
WATER ST E
JAMES ST S
GARFIELD STREET
ONTARIO ST
COUNTY RD 2 RAMP
CONNER DR
THOUSAND ISLANDS PY
TALBOT PL
FIRST ST
401 HY E
STONE ST N
401 HY W
OAK ST
KING ST E
401 HY W
ARTHUR ST
LOT 10
LOT 09
LOT 11
LOT 12
LOT 13
LOT 14
LOT 15
LOT 16
LOT 17
ST.LAWRENCE RIVER
GANANOQUE RIVER
Parcels
Lot Concessions
Watercourse
Rural
Roads
Recreational Pathway
Legend
0
200
400
100
Meters
Drawings are produced by Stantec Consulting Ltd.
with base information supplied by the United Counties
of Leeds & Grenville (2007).
@ August 2010
137
Town of Gananoque -- Development Permit By-law
10.0
RURAL
It is the intent of the intent of the Rural designation to allow for limited
residential uses and small scale agricultural based commercial activities.
10.1
USES
PERMITTED
USES
DISCRETIONARY
USES
Equestrian Facility
Campground
Commercial Greenhouse
Golf Course / Driving Range
Kennel
Agricultural Use
Cemetery
Conservation Use
Forestry Use
Commercial Sports and
Recreational Establishment
Outdoor Recreational Facility
Single Detached Dwelling
10.2 PROVISIONS - PERMITTED RESIDENTIAL USES
Requirements
Site Provisions
1 hectare (2.4 acres)
10%
60 metres (196 feet)
Lot Area (minimum)
Lot Coverage (maximum)
Lot Frontage (minimum)
15 metres (49.2 feet)
Front Yard Setback (minimum)
Exterior Side Yard Setback
(minimum)
15 metres (49.2 feet)
Interior Side Yard (minimum)
7.0 metres (23 feet)
Rear Yard Depth (minimum)
Building Height (maximum)
15 metres (49.2 feet)
12 metres (39.4 feet)
1.
2.
3.
4.
5.
6.
7.
8.
Location of Parking Spaces
Where parking spaces are provided for the exclusive use of a triplex,
duplex, single detached or semi-detached dwelling, the driveway and
parking spaces shall not cover more than 50% of the front yard or
exterior side yard area.
138
Town of Gananoque -- Development Permit By-law
10.3
PROVISIONS - NON - RESIDENTIAL USES
Requirements
Site Provisions
6.0 hectares (15 acres)
10%
100 metres (328 feet)
Lot Area (minimum)
Lot Coverage (maximum)
Lot Frontage (minimum)
15 metres (49.2 feet)
Front Yard Setback (minimum)
Exterior Side Yard Setback
(minimum)
15 metres (49.2 feet)
Interior Side Yard (minimum)
15 metres (49.2 feet)
Rear Yard Depth (minimum)
Building Height (maximum)
15 metres (49.2 feet)
15 metres (49.2 feet)
10.4
ADDITIONAL PROVISIONS - RESIDENTIAL USES
Notwithstanding other sections of the By-law, single detached dwellings
may be erected without a municipal water supply and/or municipal
sanitary sewer system with approval from Public Works and the Lanark
Leeds and Grenville Health Unit. A Class III Development Permit is
required.
10.5
ADDITIONAL PROVISIONS - DISCRETIONARY USES
All discretionary uses shall be subject to the Class III Development
Permit approval stream.
All discretionary use permit applications shall be supported by a report
and related architectural elevation drawings, prepared by qualifi ed
professionals, which demonstrate that the cultural and architectural
heritage integrity of the Rural designation have been respected and
enhanced by the proposed development. The Class III permit shall
also require demonstration that the proposed discretionary use can
be appropriately developed on the basis of the land uses functional
requirements such as street frontage, access, yard setbacks, vehicular
movements and parking requirements, safety etc.
139
Town of Gananoque -- Development Permit By-law
10.6
SPECIAL EXCEPTIONS
140
Town of Gananoque -- Development Permit By-law
OPEN SPACE
401 HY E
KING ST E
KING ST W
STONE ST N
GARDEN ST
401 HY W
NORTH ST
CHARLES ST N
BEAVER RD
BAY RD
RIVER ST
PINE ST
QUEEN ST
VICTORIA AVE
HERBERT ST
STONE ST S
ELM ST
WILLIAM ST S
CHARLES ST S
JAMES ST N
MAIN ST
FOURTH ST
BIRCH ST
SOUTH ST
FIRST ST
GEORGIANA ST
ELIZABETH DR
WILLIAM ST N
MARKET ST
PINE ST E
SECOND ST
THIRD ST
HENRIETTA ST
SYDENHAM ST
OAK ST
WATER ST W
MAPLE ST S
WILSON DR
CROSBY RD
MAPLE ST N
WELLINGTON ST
JOHN ST
MACDONALD DR
ELMWOOD DR
OSBORNE ST
MILL ST
STEEL ST
EMMA ST
ARTHUR ST
NALON RD
TANNER ST
ALBERTA ST
MACHAR ST
JAMES A BRENNAN RD
CHURCHILL DR
FORSYTH ST
HICKORY ST
CHURCH ST
PRINCESS ST
ADELAIDE ST
COUNTY RD 32
ANN ST
DEMPSTER LANE
BOOTH ST
KATE ST
WINDSOR ST
CENTRE ST
WATER ST E
JAMES ST S
GARFIELD STREET
ONTARIO ST
COUNTY RD 2 RAMP
CONNER DR
THOUSAND ISLANDS PY
TALBOT PL
FIRST ST
401 HY E
STONE ST N
401 HY W
OAK ST
KING ST E
401 HY W
ARTHUR ST
LOT 10
LOT 09
LOT 11
LOT 12
LOT 13
LOT 14
LOT 15
LOT 16
LOT 17
ST.LAWRENCE RIVER
GANANOQUE RIVER
Parcels
Lot Concessions
Watercourse
Open Space
Roads
Recreational Pathway
Legend
0
200
400
100
Meters
Drawings are produced by Stantec Consulting Ltd.
with base information supplied by the United Counties
of Leeds & Grenville (2007).
@ August 2010
141
Town of Gananoque -- Development Permit By-law
11.0
OPEN SPACE
No person shall use any land or erect, alter or use any building or
structure, or alter grades or remove vegetation in the "Open Space"
designation, 'OS' except in accordance with the following provisions of
this Section and any other relevant Sections of this By-Law;
11.1
USE
11.2
PROVISIONS - PERMITTED USES
Requirements
Site Provisions
Nil
20%
Nil
Lot Area (minimum)
Lot Coverage (maximum)
Lot Frontage (minimum)
6 metres (19.6 feet)
Front Yard Setback (minimum)
Exterior Side Yard Setback
(minimum)
8 metres (26.2 feet)
Interior Side Yard (minimum)
6 metres (19.6 feet)
Rear Yard Depth (minimum)
Landscaped Open Space
(minimum)
6 metres (19.6 feet)
10%
Waterfront Setback
30 metres (98.7 feet)
PERMITTED
USES
DISCRETIONARY
USES
Golf Course / Driving Range
Arena
Existing Uses
Cemetery
All Buildings and Structures in
Existence on the Day of the
passing of this By-Law
Conservation Use
Forestry Use
Marina
Marine Facility
Outdoor Recreational Facility
Public Art
Public or Private Park
142
Town of Gananoque -- Development Permit By-law
11.3
ADDITIONAL PROVISIONS
All discretionary use permit applications shall be supported by a report
and related architectural elevation drawings, prepared by qualifi ed
professionals, which demonstrate that the cultural and architectural
heritage integrity of the Open Space designation have been respected
and enhanced by the proposed development. The Class III permit shall
also require demonstration that the proposed discretionary use can
be appropriately developed on the basis of the land uses functional
requirements such as street frontage, access, yard setbacks, vehicular
movements and parking requirements, safety etc.
11.4
DESIGN CRITERIA - OPEN SPACE
GENERAL DESIGN CRITERIA
Open spaces shall be designed to provide for a diverse range of active
and passive recreational opportunities.
Design should provide for safe movement and be integrated into the
public road system for security and casual surveillance.
Natural Heritage features shall be considered. New recreational systems
shall be designed to integrate and preserve the natural feature.
Naturalized and indigenous plantings should be utilized in order to
reduce maintenance and ensure survival.
Parks are encouraged to include public
art and interpretive displays to celebrate
the rich cultural heritage of the Town of
Gananoque.
Vehicular access and connections should be limited to emergency
vehicles and access to formal recreational facilities such as arenas and
pools.
Neighbourhood parks should be designed to include elements for all
generations and areas for unorganized play. Elements of accessible
design should be integrated into the parks systems. Wherever possible
frontage on two streets shall be provided.
Consideration for abutting residential uses when evaluating lighting will
be required to allow for privacy without jeopardizing security.
143
Town of Gananoque -- Development Permit By-law
Parks and open spaces should form part of a network, providing
major components in shaping existing and new areas of the
Town, and providing a variety of options for interconnectivity
between new and existing trail and park systems.
Pathway
3.0m wide typical
Trails and open spaces shall be provided along the
waterways wherever possible and shall be linked to
other parks, trails and open spaces throughout the
Town. Provision for both pedestrians and cyclists shall
be considered in the design of all new trail systems.
11.5
SPECIAL EXCEPTIONS
144
Town of Gananoque -- Development Permit By-law
ENVIRONMENTAL CONSTRAINTS
401 HY E
KING ST E
KING ST W
STONE ST N
GARDEN ST
401 HY W
NORTH ST
CHARLES ST N
BEAVER RD
BAY RD
RIVER ST
PINE ST
QUEEN ST
VICTORIA AVE
HERBERT ST
STONE ST S
ELM ST
WILLIAM ST S
CHARLES ST S
JAMES ST N
MAIN ST
FOURTH ST
BIRCH ST
SOUTH ST
FIRST ST
GEORGIANA ST
ELIZABETH DR
WILLIAM ST N
MARKET ST
PINE ST E
SECOND ST
THIRD ST
HENRIETTA ST
SYDENHAM ST
OAK ST
WATER ST W
MAPLE ST S
WILSON DR
CROSBY RD
MAPLE ST N
WELLINGTON ST
JOHN ST
MACDONALD DR
ELMWOOD DR
OSBORNE ST
MILL ST
STEEL ST
EMMA ST
ARTHUR ST
NALON RD
TANNER ST
ALBERTA ST
MACHAR ST
JAMES A BRENNAN RD
CHURCHILL DR
FORSYTH ST
HICKORY ST
CHURCH ST
PRINCESS ST
ADELAIDE ST
COUNTY RD 32
ANN ST
DEMPSTER LANE
BOOTH ST
KATE ST
WINDSOR ST
CENTRE ST
WATER ST E
JAMES ST S
GARFIELD STREET
ONTARIO ST
COUNTY RD 2 RAMP
CONNER DR
THOUSAND ISLANDS PY
TALBOT PL
FIRST ST
401 HY E
STONE ST N
401 HY W
OAK ST
KING ST E
401 HY W
ARTHUR ST
LOT 10
LOT 09
LOT 11
LOT 12
LOT 13
LOT 14
LOT 15
LOT 16
LOT 17
ST.LAWRENCE RIVER
GANANOQUE RIVER
Parcels
Lot Concessions
Watercourse
Environmental Constraints
Roads
Recreational Pathway
Legend
0
200
400
100
Meters
Drawings are produced by Stantec Consulting Ltd.
with base information supplied by the United Counties
of Leeds & Grenville (2007).
@ August 2010
145
Town of Gananoque -- Development Permit By-law
12.0 ENVIRONMENTAL CONSTRAINTS
No person shall use any land or erect, alter or use any building or
structure, or alter grades or remove vegetation in the "Environmental
Constraint" designation, 'EC' except in accordance with the following
provisions of this Section and any other relevant Sections of this By-Law;
12.1
USE
PERMITTED
USES
Existing Uses
All Buildings and Structures in Existence
on the Day of the passing of this By-Law
Buildings or Structures intended for Flood
or Erosion Control or Slope Stabilization
Marina
Marine Facility
Conservation Use
Forestry Use
12.2
PROVISIONS - PERMITTED RESIDENTIAL USES
Requirements
Site Provisions
30 metres (98.7 feet)
Waterfront Setback
1.
Location of Parking Spaces
Where parking spaces are provided for the exclusive use of a triplex,
duplex, single detached or semi-detached dwelling, the driveway and
parking spaces shall not cover more than 50% of the front yard or
exterior side yard area.
12.3
ADDITIONAL PROVISIONS - DISCRETIONARY USES
All discretionary uses shall be subject to the Class III Development
Permit approval stream.
All discretionary use permit applications shall be supported by a report
and related architectural elevation drawings, prepared by qualifi ed
professionals, which demonstrate that the cultural and architectural
heritage integrity of the Environmental Constraint designation have been
146
Town of Gananoque -- Development Permit By-law
respected and enhanced by the proposed development. The Class III
permit shall also require demonstration that the proposed discretionary
use can be appropriately developed on the basis of the land uses
functional requirements such as street frontage, access, yard setbacks,
vehicular movements and parking requirements, safety etc.
12.4
ADDITIONAL PROVISIONS
Any new building or structure or any expansion of or addition to any
buildings or structures permitted in the fl ood plain after the day of
the passing of this By-Law must incorporate appropriate engineered
construction techniques which reduce or eliminate the risks of fl ood
damage or damage from unstable slopes. The specifi c approval of the
Cataraqui Region Conservation Authority must be obtained prior to the
issuance of a building permit.
Modifi cation of the fl ood plain through fi lling, excavation or by other
means is prohibited unless otherwise permitted by Cataraqui Region
Conservation Authority and the Ministry of Natural Resources.
All land under water is within the Environmental Constraint - EC
designation and uses of such land shall be limited to only those
specifi cally approved by the Ministry of Natural Resources and Cataraqui
Region Conservation Authority.
These lands represent lands found below the 1:100 year fl oodline
of the St Lawrence River. More specifi cally on any land designated
Environmental Constraint no development other than as outlined in
Section 3.42 Watercourse Setbacks of this By-Law is permitted.
An existing habitable building located on fl ood prone lands may be
reconstructed or enlarged with the following conditions;
a)
If the building is to be reconstructed the reconstruction must
ensure that the building is dry-fl oodproofed;
b)
If an addition is constructed to an existing building the addition
must be dry- fl oodproofed;
c)
The addition must meet all other setback provisions of the
residential Development Permit designation;
d)
The use of the structure remains the same or is a permitted use
within the Development Permit designation;
e)
Prior to construction the applicant will be required to gain
approval for a Class III Development Permit;
147
Town of Gananoque -- Development Permit By-law
f)
Prior to approval of the Development Permit the applicant will
be required to submit documentation to Municipal staff that
approval from all other applicable agencies has been obtained;
Notwithstanding the above, buildings or structures intended for fl ood
or erosion control and those specifi c uses as outlined in Section 3.1 and
3.42 are exempt from minimum setback requirements.
12.5
SPECIAL EXCEPTIONS
148
Town of Gananoque -- Development Permit By-law
WATERFRONT OVERLAY
401 HY E
KING ST E
KING ST W
STONE ST N
GARDEN ST
401 HY W
NORTH ST
CHARLES ST N
BEAVER RD
BAY RD
RIVER ST
PINE ST
QUEEN ST
VICTORIA AVE
HERBERT ST
STONE ST S
ELM ST
WILLIAM ST S
CHARLES ST S
JAMES ST N
MAIN ST
FOURTH ST
BIRCH ST
SOUTH ST
FIRST ST
GEORGIANA ST
ELIZABETH DR
WILLIAM ST N
MARKET ST
PINE ST E
SECOND ST
THIRD ST
HENRIETTA ST
SYDENHAM ST
OAK ST
WATER ST W
MAPLE ST S
WILSON DR
CROSBY RD
MAPLE ST N
WELLINGTON ST
JOHN ST
MACDONALD DR
ELMWOOD DR
OSBORNE ST
MILL ST
STEEL ST
EMMA ST
ARTHUR ST
NALON RD
TANNER ST
ALBERTA ST
MACHAR ST
JAMES A BRENNAN RD
CHURCHILL DR
FORSYTH ST
HICKORY ST
CHURCH ST
PRINCESS ST
ADELAIDE ST
COUNTY RD 32
ANN ST
DEMPSTER LANE
BOOTH ST
KATE ST
WINDSOR ST
CENTRE ST
WATER ST E
JAMES ST S
GARFIELD STREET
ONTARIO ST
COUNTY RD 2 RAMP
CONNER DR
THOUSAND ISLANDS PY
TALBOT PL
FIRST ST
401 HY E
STONE ST N
401 HY W
OAK ST
KING ST E
401 HY W
ARTHUR ST
LOT 10
LOT 09
LOT 11
LOT 12
LOT 13
LOT 14
LOT 15
LOT 16
LOT 17
ST.LAWRENCE RIVER
GANANOQUE RIVER
Parcels
Lot Concessions
Watercourse
Waterfront Sector
100 metre Buffer from the St.Lawr
30 metre Buffer from the Gananoq
Roads
Recreational Pathway
Legend
0
200
400
100
Meters
Drawings are produced by Stantec Consulting Ltd.
with base information supplied by the United Counties
of Leeds & Grenville (2007).
@ August 2010
149
Town of Gananoque -- Development Permit By-law
13.0
WATERFRONT OVERLAY
Notwithstanding the provisions of the underlying designation, the
following additional provisions apply to land uses within an area affected
by the Waterfront Overlay "W", in order to encourage the protection of
the resource and to facilitate the preservation of viewscapes, access and
public usage.
No person shall use any land or erect, alter or use any building or
structure, or alter grades or remove vegetation in the "Waterfront
Overlay" designation, 'W' except in accordance with the following
provisions of this Section and any other relevant Sections of this By-Law.
13.1
USE
13.2
PROVISIONS - PERMITTED USES
Requirements
Site Provisions
30 metres (98.7 feet)
Waterfront Setback
1.
13.3 ADDITIONAL PROVISIONS
Setback requirements shall be relative to bank height, angle and stability
of slope conditions and in accordance with required and approved
technical studies.
Existing vegetation shall be maintained, wherever possible and desirable
in all of the setback areas. Enhancements by natural landscaping and
additional native planting are recommended to create a vegetative
buffer area to protect sensitive environments.
For stability and land conservation purposes, the setback from slopes
where bank height is greater than 3 metres shall generally be a
PERMITTED
USES
DISCRETIONARY
USES
All uses permitted in the
underlying Development
Permit Designation
Existing Uses
Conservation Use
Forestry Use
Outdoor Recreational Facility
Concert Hall
Place of Assembly
Place of Recreation
150
Town of Gananoque -- Development Permit By-law
13.4
DESIGN CRITERIA - WATERFRONT OVERLAY
minimum of 7.5 metres from the top of slope. The 7.5 metres -30 metre
setback shall generally be maintained in a natural state and there shall
be no disturbance of grades or vegetation below the top of bank.
Where top of slope height is less than 3 metres, the setback shall be the
greater of the following:
The limit of the Floodplain
A 15 metre vegetated buffer area measured from the channel bank.
Notwithstanding the foregoing, permitted non-residential and accessory
uses in section 13.1 may be located within the 30 metre setback but will
not extend across more than 25% of the property shoreline frontage to
a maximum of 9 metres. Public parks and recreational pathways are not
limited by the 25% frontage maximum.
All discretionary use permit applications shall be supported by a report
and related architectural elevation drawings, prepared by qualifi ed
professionals, which demonstrate that the cultural and architectural
heritage integrity of the underlying designation have been respected
and enhanced by the proposed development. The Class III permit shall
also require demonstration that the proposed discretionary use can
be appropriately developed on the basis of the land uses functional
requirements such as frontage, access, yard setbacks, vehicular
movements and parking requirements, safety etc.
Signifi cant vegetation shall be preserved and
incorporated into the landscaping. For the purposes of
this section signifi cant shall mean the following:
Trees with minimum 60 millimetre diameter or
trees of 3.5 metres or more in height and
Groups or stands of ten or more trees with a
minimum diameter of 15 centimetres measured
1.4 metres from the base of the tree.
151
Town of Gananoque -- Development Permit By-law
GENERAL DESIGN CRITERIA
Any development shall be confi gured to facilitate and or accommodate
waterfront uses and to preserve or enhance the natural viewscapes from
land and from the water. A high degree of visibility and accessibility is
required.
Locate buildings to one side in order to maintain as much of the
viewscapes as possible.
The layout of all improvements should be designed to generally follow
the existing topography of the site. The layout of roads, walkways
and building footprints should be aligned with existing contours where
practical.
Streetscape elements should have the same uninterrupted and regular
patterns of paving, street trees, and streetlighting whether on public or
private lands.
For all permitted development within the 1:100 year fl ood-line materials
shall be specifi cally designed to be durable and anchored in a manner
intended to withstand occasional fl ood conditions.
Buildings should have a principal entrance along the
principal street but also where feasible provide for
waterfront entrance along the waterfront pathways.
Where two or more buildings are on one lot provide
for outdoor amenity space and viewscapes through
the property. Provide for perpendicular access to the
waterfront.
Provide for exterior waterside walkway on
all new commercial and multi-residential
development.
Open surface parking
should be obscured behind
or below non-residential or
multi-residential buildings.
Landscape screening of
parking areas is required.
152
Town of Gananoque -- Development Permit By-law
ENTRANCE OVERLAY
401 HY E
KING ST E
KING ST W
STONE ST N
GARDEN ST
401 HY W
NORTH ST
CHARLES ST N
BEAVER RD
BAY RD
RIVER ST
PINE ST
QUEEN ST
VICTORIA AVE
HERBERT ST
STONE ST S
ELM ST
WILLIAM ST S
CHARLES ST S
JAMES ST N
MAIN ST
FOURTH ST
BIRCH ST
SOUTH ST
FIRST ST
GEORGIANA ST
ELIZABETH DR
WILLIAM ST N
MARKET ST
PINE ST E
SECOND ST
THIRD ST
HENRIETTA ST
SYDENHAM ST
OAK ST
WATER ST W
MAPLE ST S
WILSON DR
CROSBY RD
MAPLE ST N
WELLINGTON ST
JOHN ST
MACDONALD DR
ELMWOOD DR
OSBORNE ST
MILL ST
STEEL ST
EMMA ST
ARTHUR ST
NALON RD
TANNER ST
ALBERTA ST
MACHAR ST
JAMES A BRENNAN RD
CHURCHILL DR
FORSYTH ST
HICKORY ST
CHURCH ST
PRINCESS ST
ADELAIDE ST
COUNTY RD 32
ANN ST
DEMPSTER LANE
BOOTH ST
KATE ST
WINDSOR ST
CENTRE ST
WATER ST E
JAMES ST S
GARFIELD STREET
ONTARIO ST
COUNTY RD 2 RAMP
CONNER DR
THOUSAND ISLANDS PY
TALBOT PL
FIRST ST
401 HY E
STONE ST N
401 HY W
OAK ST
KING ST E
401 HY W
ARTHUR ST
LOT 10
LOT 09
LOT 11
LOT 12
LOT 13
LOT 14
LOT 15
LOT 16
LOT 17
ST.LAWRENCE RIVER
GANANOQUE RIVER
Parcels
Lot Concessions
Watercourse
Entrance Sector
Roads
Recreational Pathway
Legend
0
200
400
100
Meters
Drawings are produced by Stantec Consulting Ltd.
with base information supplied by the United Counties
of Leeds & Grenville (2007).
@ August 2010
153
Town of Gananoque -- Development Permit By-law
14.0 ENTRANCE OVERLAY
Notwithstanding the provisions of the underlying designation, the
following additional provisions apply to land uses within the area
affected by the a Entrance Overlay, in order to encourage additional
landscape features and wayfi nding for transitional and/or seasonal
visitors as well as the residents of the Town of Gananoque.
No person shall use any land or erect, alter or use any building or
structure, or alter grades or remove vegetation in the "Entrance Overlay"
designation - 'E' except in accordance with the following provisions of
this Section and any other relevant Sections of this By-Law.
14.1
USE
14.2
PROVISIONS - PERMITTED USES
PERMITTED
USES
All uses permitted in the
underlying Development
Permit Designation
Existing Uses
Requirements
Site Provisions
As outlined in the underlying
designation
Setbacks, height and
encroachments
1.
14.3
ADDITIONAL PROVISIONS
Existing vegetation shall wherever possible and desirable be maintained
in all the setback areas. Enhancements to the streetscape and entrance
features using additional hard and soft landscaping elements and
materials shall be required in order to accomplish the following:
Provide or restore a minimum 1.5 metre wide concrete sidewalk
subject to the existing physical urban context.
Provide a boulevard for street furniture, trees, and utilities next to
the sidewalk wherever possible.
Provide an area adjacent to storefronts for canopies, outdoor patios
or special merchant displays.
154
Town of Gananoque -- Development Permit By-law
14.4
DESIGN CRITERIA - ENTRANCE OVERLAY
Gateways are community signatures and their design should refl ect
elements of local culture, natural landscape, built form or community
history. Gateways help to clearly defi ne community boundaries. The
following design elements shall be incorporated into new developments
whenever and wherever possible:
Plant trees away from the curb next to private property when the
boulevard is narrower that 4.0 metres.
Plant street trees between 6.0 and 8.0 metres apart along public
streets and internal pedestrian walkways, such trees to be planted
in permeable surfaces with approximately 10.0 square metres of soil
area per tree.
Coordinate tree and street-light locations with above and below-
grade utilities.
Use trees, shrubs and low walls to screen
cars from view while allowing eye level
visibility into the site.
Plant trees, shrubs, and ground cover on any unbuilt portions of the
site that are not required to meet minimum parking requirements.
This includes any areas reserved for future phases of development.
Protect and enhance heritage, specimen and mature trees on site by
minimizing grade changes and preserving permeable surfaces.
Landscape areas between a building and the sidewalk with
foundation planting, trees, street furniture and walkways linking the
public sidewalk
155
Town of Gananoque -- Development Permit By-law
Plant clusters of trees at street intersections.
Design pedestrian walkways and sidewalks using
materials such as concrete or unit pavers that are
easily maintained and meet safety standards.
Provide a minimum 3.0 metre wide
landscaped area along the edge of a site
where parking areas, drive lanes or stacking
lanes are adjacent to a public street.
Residential
Residential
Commercial
157
Town of Gananoque -- Development Permit By-law
15. DEFINITIONS
For the purposes of this By-Law, the defi nitions and interpretations
given in this Section shall govern. In this By-Law, the word "shall" is
mandatory and not directory; words in the singular include the plural,
words in the plural include the singular; the word "used" includes
"arranged", "designed" or "intended to be used". The word "occupied"
shall include "designed to be occupied" and "arranged to be occupied".
Abutting
Means two or more parcels of land sharing a common boundary of at
least one point.
Accessory
See Uses, Accessory
Accommodation Unit
Means a room or a suite of rooms within a tourist establishment,
institutional establishment or a bed and breakfast establishment
designed to provide accommodation, which does not include a kitchen.
An accommodation unit is not a dwelling unit.
Adult Entertainment Parlour
Any premises or part thereof in which is provided, in pursuance of a
trade, calling, business or occupation, goods or services appealing to or
designed to appeal to erotic or sexual appetites or inclinations but shall
not include a retail store which sells adult goods and novelties.
Adverse Impacts
Means one or more of the following:
i)
Impairment of the quality of the natural environment for any use
that can be made of it;
ii)
Injury or damage to property or plant and animal life;
iii)
Harm or material discomfort to any person;
iv)
An adverse affect on the health of any person;
v)
Impairment of the safety of any person;
vi)
Rendering any property or plant or animal life unfi t for use by
humans;
158
Town of Gananoque -- Development Permit By-law
vii)
Loss of enjoyment of normal use of property; and
viii)
Interference with normal conduct of business.
Agricultural Use
Any building use or uses, structures or buildings accessory thereto,
including fi eld crops, animal husbandry, tree nurseries and any other use
customarily carried on in the fi eld of general agriculture, including the
sale on the premises, of produce grown or raised on the premises.
Aisle
Means a portion of a parking lot which abuts one or more off-street
parking spaces to which it provides access and which is not used for the
parking vehicles.
Alley
See Laneway
Alter
When used in reference to a building, structure or part thereof, means:
i)
To change any one or more of the external dimensions of such
building or structure; or
ii)
To change the type of construction of the exterior walls or roof of
such building or structures; or
iii)
To change the use of such building or structure or the number or
types of uses or dwelling units contained therein.
When used in reference to a lot means:
i)
To change the boundary of such lot with respect to a street or
lane; or
ii)
To change the grade and drainage pattern of such lot; or
iii)
To change the use of such lot or the number of uses located
thereon.
When used in reference to a shoreline:
Means to change, straighten, divert or interfere in any way with the
channel of any watercourse.
159
Town of Gananoque -- Development Permit By-law
Ambulance Service
Means an ambulance service which is licensed by the Ministry of Health
in accordance with the Ambulance Act.
Animal Care
Means caring and grooming of domestic animals, excluding overnight
care or accommodation, and shall not include an animal clinic.
Animal Clinic
Means a building or part of a building used by veterinarians, their staff
and their patients to provide grooming, medical, or surgical treatments
or similar services and includes overnight care or accommodation and
can include short term boarding facilities.
Arcade
Means a building or a portion of a building or premises used or intended
to be used for billiards or pool games, video or pinball games or other
similar games.
Notwithstanding the foregoing, an arcade shall not include a building
or a portion of a building or premises used or intended to be used
for billiards or pool games, video or pinball games or other similar
games where the use is clearly subordinate to the principle trade of
the enterprise. Such exception shall include but not be limited to a
restaurant, beverage room or tavern where the revenue generated from
the arcade represents less than 10% of the total gross receipts.
Area
See Lot, Area
Arena
Means an enclosed area designed for sporting events or activities.
Art Gallery
Means the use of land, buildings or structures for the commercial
exhibition or retail sale of paintings, sculptures or other works of art or
hand-made crafts.
160
Town of Gananoque -- Development Permit By-law
Artisan's Studio
Means the use of land, buildings or structures for the creation, fi nishing,
refi nishing or similar production of paintings, sculptures or other works
of arts or hand-made crafts by the proprietor, together with the sale of
such commodities, but does not include any use otherwise defi ned in
this By-Law.
Assembly Hall
Means a building or part of a building in which facilities are provided for
civic, educational, political, religious or social purposes and shall include
a banquet hall or private club.
Assembly Plant
Means a building where goods are assembled and distributed.
Attached
Means a building otherwise complete in itself, which depends for
structural support, or complete enclosure, upon a division wall or walls
shared in common with an adjacent building or buildings.
Attic
Means that portion of a building immediately below the roof and wholly
or partly within the roof framing and which is not a one-half storey.
Auction House
Means premises used for the storage and/or display of goods or
materials which are to be sold on the premises by auction.
Auditorium
Means a building, structure or part thereof where facilities are provided
for athletic, civic, educational, political, religious, or social events. This
defi nition may include an assemble hall, arena, community centre,
gymnasium, stadium, theatre or similar use.
Automotive Body Shop
Means a building with a service bay, where painting, refi nishing,
restoration or repairs to the coachwork of motor vehicles are performed,
but shall not include an automobile wrecking yard or salvage yard.
161
Town of Gananoque -- Development Permit By-law
Automotive Rental Establishment
Means a parking space or parking lot and/or a building or part thereof
where motor vehicles are rented or kept or used for rental purposes.
Automotive Service Station
Means a building and/or lot used for the sale of fuels for vehicles and
may include the renting, servicing, repairing, lubrication, cleaning and
polishing of vehicles and the sale of automotive accessories and related
products, but shall not include any other automotive use defi ned in this
By-Law.
Automotive Sales and Service Establishment
Means a building and/or lot used principally for the display and sale of
new and/or used motor vehicles and may include the servicing, repair,
cleaning of motor vehicles, the sale of automotive accessories and
related products and the leasing or renting of motor vehicles, but shall
not include any other defi ned automotive uses.
Automotive Washing Establishment
Means a building or portion thereof used for washing or cleaning of
motor vehicles for gain.
Bake Shop
Means a shop where products of a bakery are sold or offered for sale
by retail, including incidental baking of products for retail sale on the
premises only.
Bakery
Means a factory for providing, producing, mixing, compounding or
baking bread, biscuits, ice cream cones, cakes, pies, buns, or any other
bakery product of which fl our or meal is the principal ingredient, but
does not include a restaurant or other premises where any such product
is made for consumption on the premises or a bake shop.
Bank
Means a chartered bank, fi nance company offi ce, co-op, trust company,
loan company or similar establishment.
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Basement
Means that portion of a building between two fl oor levels which is partly
underground but which has at least one-half of its height from fi nished
fl oor to fi nished ceiling above adjacent fi nished grade.
Bed and Breakfast Establishment
Means an owner occupied private residential dwelling that is owner's
principal residence and in which the owner has control of the
environment. It provides temporary accommodations not exceeding
28 consecutive days and amenities and services auxiliary to guest
accommodation including the preparation and service of breakfast for an
all-inclusive fee.
Bingo Hall
Means a building or premise or part thereof used for bingo or a bingo
event and is duly registered under the Gaming Control Act and is in
compliance with municipal By-laws and approvals.
Boarding or Rooming House
Means a dwelling or portion thereof containing rooms in which the
proprietor supplies for gain, lodging with or without meals, but does not
include a bed and breakfast establishment, a hotel, a hospital, children's
home, home for the aged, or other establishment otherwise classifi ed or
defi ned in this By-Law.
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Town of Gananoque -- Development Permit By-law
Boat House
Means an accessory building used for the purpose of berthing or
sheltering and storing boats and related equipment that is enclosed by
more than one wall and is built, founded or anchored near or at the
ordinary water's edge of a navigable waterway either over water or on
the land.
Boat Port
Means an accessory building used for the purpose of berthing, or
sheltering and storing boats that is roofed, but not enclosed by more
than one wall and is built, founded or anchored near or at the ordinary
water's edge of a navigable waterway.
Boat or Recreational Vehicle Establishment
Means the use of land, buildings or structures for the display, sale,
repair, storage or hire of boats, recreational vehicles, snowmobiles or all
terrain vehicles, and may include the sale of fuel or goods related to the
running of such boats or vehicles.
Boat Slip - Seasonal
Shall mean a mooring space that is provided for the use of a boat for a
period of greater than seven consecutive days.
Boat Slip - Transient
Shall mean a temporary mooring space that is provided for the use of
visitors arriving and departing by boat which is moored in the said space
for a maximum of seven consecutive days.
Buffer
Means a portion of a lot where vegetation is substantially maintained in
its natural state or vegetation is planted, or a fence or barrier is erected
for the purpose of obscuring or screening buildings, structures, parking
or activity on a lot.
Buffer, Shoreline
Means a natural area, adjacent to a shoreline, maintained in its natural
predevelopment state for the purpose of protecting natural habitat and
minimizing the visual impact of buildings and structures on a lot.
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Town of Gananoque -- Development Permit By-law
Building
Means any structure used or intended for sheltering any use or
occupancy. The word "building" shall include the whole of such structure
or part hereof and shall include any building types as regulated by the
Ontario Building Code Act.
Building Accessory
Means subordinate detached building or structure designed or intended
for the better or more convenient enjoyment of the main building, to
which it is accessory and which is located on the same lot therewith. An
accessory building shall be uninhabitable unless otherwise specifi cally
permitted.
Building Area
Means the maximum projected horizontal area of a building at
established grade measured to the centre of party walls and to the
outside of other walls including air wells, and all other spaces within
the building, but excluding open air porches, verandas, steps, cornices,
chimney breasts, fi re escapes, exterior stairways, breezeways, accessory
buildings, ramps and pen loading platforms, balconies and garages.
Building Attached
See Attached
Building By-Law
Means any By-Law of the Corporation passed pursuant to the Building
Code Act.
Building Contractor's Shop
Means a place of business for persons employed in building trades
such as painting, plumbing, electrical work, masonry, metal working
and carpentry, or truck, bulldozer, loader and backhoe operating. Such
place of business may be used for the storage of equipment, materials
and vehicles which are used on construction sites and may include
such related uses as offi ce space or maintenance facilities, but shall not
include a retail business sales counter nor a wholesale business.
165
Town of Gananoque -- Development Permit By-law
Building Envelope
The three dimensional space within which a structure is permitted to be
built on a lot as defi ned by the other standards of this by-law including
height, yards and building coverage.
Building Height
Means the vertical distance measured between the average fi nished
grade at the base of the building:The highest point of the roof surface
or parapet wall in the case of a fl at roof, whichever is the highest, or al
all other types of roofs; the mean height level between the base of the
roof and the highest point of any other type of roof.
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Town of Gananoque -- Development Permit By-law
Building Inspector
Means an offi cer or employee of the Corporation charged with the duty
of enforcing the provisions of the Building Code Act.
Building Line
Means a line within a lot drawn parallel to a lot line establishing the
minimum distance between that lot line and any portion of a building or
structure which may be erected.
Building Main
Shall mean a building in which is conducted the principal uses of the lot
on which it is situated. In any residential zone a dwelling containing one
or more dwelling units shall be deemed to be a Main Building on the lot
on which it is situated.
Building Separation
Means the least horizontal distance permitted between the nearest
portions of the walls of any buildings on a lot.
Building Setback
See Setback
167
Town of Gananoque -- Development Permit By-law
Building Supply Store
Means a building where building supplies such as lumber, millwork,
siding, roofi ng, plumbing, electrical, heating, air conditioning, home
improvement and similar goods are stored, displayed, or kept for retail
sale. This defi nition shall not include a salvage yard.
Building, Temporary
Means a building or structure intended for removal or demolition within
a prescribed time not exceeding six months or as set out in a building
permit.
Bulk Storage
Means the use of land, structures and/or buildings for the purpose of
storing and selling coal, fuel oil, chemicals and similar items, but does
not include any manufacturing, assembling or processing uses.
Butcher Shop
Means a building or portion of a building where animals, poultry and/or
fi sh are processed and packaged for retail sale on the premises, but
shall not include an abattoir. Can also be referred to as a butchery.
Campground
Means an area of land, managed as a unit, providing short term
accommodation for tents, recreational vehicles or campers for a set
fee but shall not include mobile homes, park model trailers or a mobile
home park.
Campus Form Buildings
Means one or more buildings situated in a landscaped setting with
shared amenities and features.
Canopy
Means a roof free of enclosing walls over an entrance to a building,
structure or gasoline pump island.
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Town of Gananoque -- Development Permit By-law
Car Port
Means a structure open on at least two sides and intended to be used
for the sheltering of one or more motor vehicles.
Where a roofed enclosure used for the storage or parking of motor
vehicles has more than 60 per cent of the total perimeter enclosed by
walls, doors or windows, the enclosure shall be considered a garage.
Car Washing Establishment
See Automobile Washing Establishment
Catalogue Store
Means a retail commercial establishment in which orders are accepted
for the purchase of goods listed in a catalogue provided by the
establishment and in which some or all of the goods so listed may also
be available within the establishment for sale at retail.
Catering Establishment
Means an establishment in which meals and beverages are prepared to
be served for consumption off the premises.
Cellar
Means that portion of a building between two fl oor levels which is partly
or wholly underground but which has more than one-half of its height
from fi nished fl oor to fi nished ceiling below the fi nished grade.
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Town of Gananoque -- Development Permit By-law
Cemetery
Means a cemetery within the meaning and as regulated by the
Cemeteries Act.
Chief Building Offi cial
Means an offi cer or employee of the Corporation of the Town of
Gananoque charged with the duty of enforcing the provisions of the
Building Code Act.
Cinema, Theatre
Theatre means a building or part of a building which is used for the
presentation of live, dramatic or musical performances or entertainment.
Cinema means a building or part of a building devoted to the showing of
motion pictures.
Clinic
Means a building used solely for the purpose of consultations, diagnosis
and treatment of patients, by one (1) or more legally qualifi ed
physicians, dentists, optometrists, chiropodists, chiropractors or drugless
practitioners, together with their qualifi ed assistants and without limiting
the generality of the foregoing, the building may include administrative
offi ces, waiting rooms, laboratories, pharmacies or dispensaries directly
associated with the clinic, but shall not include accommodation for in-
patient care or operating rooms for major surgery.
Club, Commercial
Means a building or premises used as an athletic recreational or social
club operated for gain or profi t.
Club, Private
Means a building or premises used as an athletic, recreation or social
club not operated for gain or profi t. This defi nition may include a social
service club, a fraternity or sorority, a hostel, a labour union hall or
similar use.
Cluster Development
Means a group of single detached dwellings, each located on an
individual lot or unit and some communal lands.
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Town of Gananoque -- Development Permit By-law
Commercial Greenhouse
Means a building used for the growing of fl owers, vegetables, shrubs,
trees, and similar vegetation for wholesale or retail sale. This defi nition
shall not include any premises for the growing of mushrooms.
Commercial Sports and Recreation Establishment
Means an athletic, recreational or social club operated for gain or profi t
or for the private use of members.
Commercial Storage
Means a building or structure in which more than one storage unit
is rented and used for the temporary storage of household items,
vehicles and/or commercial goods and materials, but does not include
any business operation or use associated with the storage. Each unit
is physically separated from other units within the building and has its
own entrance.
Commercial Vehicle
Means a motor vehicle used for commercial trade or government
services and without limiting the foregoing includes delivery vehicles,
emergency vehicles, motor buses, farm tractors, tractors and tractor
trailers and single or multiple axle trucks.
Communications Facility
Means a structure situated on a nonresidential site that is intended for
transmitting or receiving television, radio, satellite or telephone signals.
Community Centre
Any tract of land or building or buildings or any part of any buildings
used for community activities whether used for commercial purposes or
not, the control of which is vested in the Municipality, a local board or
agent thereof.
Concert Hall
Means a facility used for live musical productions.
Conservation Use
Means the use of land for the protection of the natural environment
through maintenance or comprehensive management for individual or
public use or benefi t.
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Town of Gananoque -- Development Permit By-law
Convenience Store
Mean a building or part of a building used primarily for the sale of
grocery and confectionery items and incidentally for the sale of such
other merchandise as is required to fulfi ll the day-to-day needs of a
surrounding community.
Corporation
Means the Corporation of the Town of Gananoque
Council
Means the Council of the Corporation of the Town of Gananoque
County
Means the Corporation of the Untied Counties of Leeds and Grenville.
Coverage
See Lot, Coverage
Custom Workshop
Means the use of a building or part of a building for the production
or fi nishing of custom or hand-made commodities in small quantities.
Without limiting the generality of the foregoing, a custom workshop
includes upholstering, refi nishing of antiques or furniture, drapes,
Venetian blinds, handmade leather goods, orthopedic and prosthetic
appliances, weaving, awnings and where other non-offensive, non-
dangerous custom production is carried out but does not include any
use other wise defi ned in this By-Law.
Day Nursery
Means a place wherein the temporary care of children is provided ,
which is operated as an accessory use within a residential dwelling unit
and is not required to be licensed by the Province but shall comply with
the applicable provisions of the Day Nursery Act or;
Means a place wherein the temporary care of children is provided in
facilities and by staff licensed by the Province of Ontario and operated in
accordance with the provisions of the Day Nursery Act.
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Town of Gananoque -- Development Permit By-law
Deck
Means a structure abutting a dwelling or building with no roof or walls
except for visual partitions and railings which is constructed on piers or
a foundation above-grade for use as an outdoor living area.
Density
Means the maximum number of dwelling units allowed by this By-
law based on lot area. A fraction of one-half or more in value shall be
counted as one dwelling unit.
Department Store
Means a building or part of a building wherein various goods, wares,
merchandise, substances or articles are offered for retail sale directly to
the public in various parts of such building and may include storage for
such goods, wares, merchandise, substances, or articles.
Detached
When used in reference to a building, means a building which is not
dependent on any other building for structural support or enclosure.
Development
The construction, erection or placing of one or more buildings or
structures on land or,
The making of an addition or alteration to a building or structure that
has the effect of substantially increasing its size or usability or,
The laying out and establishment of a parking lot or,
The removal of vegetation.
Diameter at Breast Height (DBH)
"DBH" or "diameter at breast height" means the measurement of a trunk
of a tree at a height of one hundred and twenty (120) cm for trees of
fi fteen (15) cm diameter or greater, and at a height of thirty (30) cm for
trees of less than fi fteen (15) cm diameter.
Dining Room
Means that part of a restaurant, or other building, which is used for the
consumption of food by persons seated at booths, counters tables or a
combination thereof.
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Town of Gananoque -- Development Permit By-law
Discretionary Uses
See Use, Discretionary
Distinctive Tree
Means any tree with a DBH of 60 centimetres or greater.
Dock, Floating
Means an accessory structure used for the mooring of marine vessels
which is designed to fl oat freely on the surface of the water body and
which may be secured to the shoreline.
Dock, Permanent
Means an accessory structure used for the mooring of marine vessels
which is secured to the shoreline and/or the bottom of the water
body by concrete, metal or wood pillars or such other foundation, the
design of which facilitates the construction of a more or less permanent
structure.
Drainage
Means the movement of water, whether by way of the natural
characteristics of the ground surface or by an artifi cial method.
Drive-through facility
Means a premises used to provide or dispense products or services
through an attendant or a window or an automated machine, to persons
remaining in vehicles that are in a designated queuing space, and may
be in combination with other land uses.
Driveway
Means a vehicular access connected to only one public street or
thoroughfare and which provides ingress to and/or egress.
Dry Cleaning Establishment
Means a building or part of a building where dry cleaning, dry dyeing,
cleaning or pressing of articles or goods of fabric may be performed.
This defi nition may include a dry cleaning outlet.
174
Town of Gananoque -- Development Permit By-law
Dwelling
Means a detached building occupied or capable of being occupied as
the home, residence or sleeping place by one or more persons, and
containing one or more dwelling units but shall not include a trailer,
houseboat or motor home.
Dwelling - Apartment
Means the whole of a building that contains three (3) or more dwelling
units, which units are served by a common entrance from street level
and by a common corridor and the occupants of which units have the
right to use in common the corridors, stairs, yards, or one or more
of them. An "Apartment Dwelling" includes a garden suite, but does
not include a quadruplex dwelling, a group of row dwellings, or a pair
or group of semi-detached duplex or triplex dwellings, not any other
dwelling otherwise defi ned herein.
Dwelling, Converted
Means a building originally designed as a single detached dwelling which
has been altered or converted so as to provide therein not more than
four dwelling units, with or without separate entrances, none of which
shall be located in the cellar of the dwelling but which may be located in
the basement.
Dwelling - Duplex
Means a building divided horizontally into two (2) dwelling units, each of
which has an independent entrance either directly from the outside or
through a common vestibule.
Dwelling, Mobile Home
See Modular Home
Dwelling, Park Model Trailer
Means a manufactured building designed and constructed in
conformance with CAN/CSA -Z241 Series M "Park Model Trailer, as
set out in the Building Code, and is used or intended to be used as a
dwelling or seasonal dwelling.
Dwelling - Quadruplex
Means a dwelling that is divided vertically by common party walls into
four separate dwelling units, each of which has two common party walls.
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Town of Gananoque -- Development Permit By-law
Dwelling - Semi-detached
Means a building on a single foundation divided vertically into two (2)
separate dwelling units by a common wall.
Dwelling - Townhouse
Means a building that is divided vertically into three or more dwelling
units attached by common walls extending from the base of the
foundation to the roof line, each dwelling unit having a separate
entrance at grade.
Dwelling - Triplex
Means a building that is divided horizontally into three separate dwelling
units each of which has an independent entrance wither directly or
through a common vestibule.
Dwelling Unit
Means a building occupied or capable of being occupied as the home or
residence of one or more persons, where food preparation and sanitary
facilities are provided, but shall not include a boarding house, mobile
home or recreational vehicle, hotel, motel, rental cottage or cabin, or
similar commercial use of a private or semi-private institution.
Dwelling Unit - Accessory
Means a dwelling unit which is part of and accessory to a permitted
non-residential building other than an automobile service station or
commercial garage.
Easement
Means the legal right acquired by contract to pass over, along, upon or
under the lands of another.
Emergency Services
Means a building or structure used for the purposes of supporting
the provision of municipal fi re protection services, police services or
ambulance services and which can include sleeping and dining facilities
for personnel, vehicle storage, maintenance and repair facilities and
offi ce space.
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Town of Gananoque -- Development Permit By-law
Equestrian Facility
Means a building(s) where horses are bordered and may mean a facility
where instruction is given on the equestrian arts.
Equipment Rental Establishment
Means a building or part of a building wherein the primary use is the
rental of machinery, equipment, furniture, fi xtures and other goods, of
a size and type which would be used for home improvement, household
purposes, agricultural, business, and industrial or similar non-household
oriented rental functions.
Equipment Sales Establishment
Means a building or part of a building where machinery, equipment,
furniture, fi xtures and other goods of a a size and type which would be
used for home improvement, household purposes, agricultural, business,
and industrial or similar non-household oriented rental functions.
Equipment Service and Repair
Means a building or part of building used for the servicing or repairing of
articles, goods and materials but no does not include the manufacturing
or motor vehicle repair.
Erect
Means to build, construct, reconstruct, alter or relocate and without
limiting the generality of the foregoing shall be taken to include any
preliminary physical operation such as excavating, grading, piling,
cribbing, fi lling or draining, structurally altering any existing building or
structure by an addition, deletion, enlargement or extension. Any work
for the doing of which a building permit is required under the Ontario
Building Code Act.
Established Building Line
Means the average setback from the street line of existing buildings
on one side of a continuous 100 metres (324 feet) strip of land where
three (3) or more of the lots having street frontage upon the said side of
the street have been built upon and can also be referred to as median
setback.
177
Town of Gananoque -- Development Permit By-law
Established Grade
Means the average elevation of the fi nished level of the ground adjoining
all of the walls of the building exclusive of any artifi cial embankments or
berms.
Existing
Means existing as of the date of the passing of this By-Law
Existing Vegetation
Means the plant materials growing upon any lands prior to the erection,
alteration or enlargement of any buildings or structures thereon.
Fabricating Plant
See Assembly Plant
Factory Outlet
Means a building or part of a building where products or goods are
manufactured or produced on site for wholesale or retail sale or are
manufactured off-site for wholesale or retail sale.
Farm Supply and Machinery Sales and Service
Means a building or part of a building where the sale, storage or repair
of equipment and machinery directly associated with the operation of a
farm.
Fence
Means any barrier or structure constructed of chain link metal, wood,
stone, metal, brick or other similar materials or combinations of such
materials which is erected for the purpose of screening, safeguarding,
retaining or enclosing property or delineating property lines.
Finished Grade
The average elevation of the fi nished surface of the ground. A ground
level measured on any side of a building or structure.
Fish Habitat
Means the spawning grounds and nursery, rearing food supply, and
migration areas which fi sh depend directly or indirectly in order to carry
out their life processes.
178
Town of Gananoque -- Development Permit By-law
Flea Market
Means a street market composed of a series of individual retailer's
booths or tables where sundry items, new or secondhand articles, fresh
produce or preserves are offered for sale.
Flood Proofi ng
Means a combination of structural changes and/or adjustments
incorporated into the basic design and/or construction or alteration of
individual buildings, structures or properties subject to fl ooding so as to
reduce or eliminate fl ood damages.
Floodline or Flood Elevation
Means a line established by a one in one hundred year storm as
established by fl ood plain mapping or by the Cataraqui Region
Conservation Authority.
Floodplain
Means the area below the one in one hundred year fl ood line as
established by the conservation Authority, Ministry of Natural Resources,
or other designated authority.
Floor Area - Gross
Means the total area of each fl oor measured between the exterior faces
of the exterior walls of the building and where there are no walls the
total area of a fl oor within the outer perimeter of the fl oor.
Floor Area - Net
The total fl oor area, as hereinafter defi ned, exclusive of any portion
of the building or structure below fi nished grade measured between
the exterior faces of the exterior walls which is used for heating, the
storage of goods or personal effects, laundry facilities, recreational
areas, the storage or parking of motor vehicles, exclusive of any private
garage, carport, basement, walkout basement, cellar, porch, verandah
or sunroom unless such sunroom is habitable during all seasons of the
year.
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Town of Gananoque -- Development Permit By-law
Footprint
Means the fl oor area of a building or structure, measured at grade on
a horizontal plane, to the outside edge of walls, or posts n the case of
an unenclosed structure, and includes the furthest extent of a deck or a
dock.
Forestry Use
Means the planting, managing and harvesting of timber resources
including the cultivation of Christmas Trees.
Frontage, Road
Means the horizontal straight-line distance determined as follows:
i)
Where a lot abuts a road, the distance between the side lot lines
measured along a line that is parallel to the road at a distance
equal to the minimum front yard setback; or
ii)
In the case of a back lot where a lot abuts a road or roads in
more than one location the distance measured along the front lot
line where it abuts the road, or
iii)
In the case of a shoreline lot where a lot abuts a road or roads in
more than one location, the distance measured along the rear lot
line where it abuts the road; or
iv)
Where there are no side lot lines, such as in the case of a
peninsula, the greatest distance between any point on the front
lot line and any point on the rear lot line.
Frontage, Water
Means the horizontal straight-line distance determined as follows:
i)
Where the lot abuts a shoreline or a closed shore road allowance
or is within a navigable waterway, waterfrontage is the distance
measured along the shortest line joining the point where one
side lot line or a projection thereof intersects the shoreline and
the opposite side lot line or a projection thereof: or
ii)
Where the lot abuts a shore road allowance that has not been
closed, is the distance along the shortest line joining the points
where the side lot lines intersect the inner limit of the shore road
allowance; or
180
Town of Gananoque -- Development Permit By-law
iii)
Where there are no side lot lines, such as in the case of a
peninsula, the greatest distance between any point on the
shoreline, or in the case where the shore road allowance has not
been closed, the inner limit of the shore road allowance and any
point on the rear lot line, or
iv)
Where there are no inside or rear lot lines, such as in the case of
an island, the greatest horizontal straight-line distance measured
between any two points on the shoreline, or in the case where
the shore road allowance has not been closed, the inner limit of
the shore road allowance.
Fuel Depot
Means land, building or structures used for the bulk storage, distribution
and sale of gasoline, propane, heating oil or motor oil.
Full Drawing Set
Means the set of plans that is required by this by-law to review and be
submitted with any development proposal.
Funeral Parlour/Home
Means a building or part of a building wherein undertaking services are
offered and may include subsidiary activities such as the sale of caskets
and funeral accessories provided such activities are clearly secondary
and incidental to the main undertaking service.
Garage, Attached
Means a private garage accessory to a dwelling unit on the same lot and
attached thereto by a common wall and/or common roof structure.
Garage, Detached
Means a private garage accessory to a dwelling on the same lot, but
not attached to the dwelling by a common wall and/or common roof
structure.
Garage, Parking
Means an enclosed structure used for the temporary parking of more
than 4 vehicles available for public use either for free, for compensation
or as an accommodation to customers.
181
Town of Gananoque -- Development Permit By-law
Garden Centre
Means an outdoor area primarily used for the retail of gardening
equipment, products and planting materials.
Gasoline Pump Island
A structure which is an accessory use intended to provide gasoline for
vehicles.
Gatehouse
Means a structure at the entrance to a property for the purpose of
security and the screening of visitors.
Gazebo
Means an accessory freestanding roofed structure with open or screened
walls enclosing a single area used for the purpose of relaxation.
Golf Course
Means a public or private area operated for the purpose of playing golf
and includes a par 3 golf course, but does not include driving ranges,
miniature courses and similar uses.
Golf Driving Range
Means an open-air recreation facility where golf is practiced from
individual tees and which may include accessory structures for the
management and operation of the range, and a miniature golf course,
but not a golf course.
Golf Course, Miniature
Means an area of land, building or structure or premises or part thereof
operated for profi t or gain as a commercial place of amusement in which
facilities are provided to simulate the game of golf or any aspect of the
fame on a small scale, but does not include a golf driving range.
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Town of Gananoque -- Development Permit By-law
Grade
Means when used with reference to a building, the average elevation
of the fi nished surface of the ground where it meets the exterior at
the base of a building and when used with reference to a structure
shall mean the average elevation of the fi nished surface of the ground
immediately surrounding such structure, exclusive in both cases of any
artifi cial embankment, and when used with reference to a street, road or
highway means the highest elevation of the street, road or highway by
the Corporation or other designated authority.
Greenhouse
Means a building and/or structure used for the growing of fl owers,
vegetables, shrubs, trees and similar vegetation including any part of
a building, structure or area used for the sale of garden supplies and
landscaping materials which may include seeds, bulbs, tools etc. This
defi nition shall not include any premises for the growing of mushrooms.
Group Home
Means a single housekeeping unit in a residential dwelling, which is
registered with the Municipality, in which three (3) to ten (10) persons
(excluding supervisory or operating staff) live together under responsible
supervision consistent with the requirements of its residents for a
group living arrangement and which is licensed and/or approved under
Provincial Statutes.
Guest Room
Means a room or suite of rooms, which contains no facilities for
cooking and which is used or maintained for gain or hire by providing
accommodation.
Habitable Room
Means a room in a dwelling used or intended to be used primarily for
human occupancy.
Health Retreat
Means a building or part thereof wherein the business of a respite
care, relaxation and rejuvenation is undertaken. Without limiting
the generality of this type of use, such services as a business offi ce,
therapeutic massage, health and food counseling and therapy, may be
located therein.
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Town of Gananoque -- Development Permit By-law
Height
Means the vertical distance measured from the average elevation of
the fi nished grade adjacent to a building or structure, or for a structure
partially or entirely on or over the water, from the elevation of the
ordinary water's edge, to:
i)
The highest point of the surface of a fl at roof or of the surface of
a structure, but excluding any railing;
ii)
Half the distance between the top of the highest load-bearing
wall and the roof ridge of any sloped roof; or
iii)
75% of the height of the roof ridge of an A-framed structure.
Heritage Site
Means premises included in the Inventory of Heritage Properties, listed
as being of historical, architectural, archeological or cultural heritage
value or interest, or designated as such pursuant to the Ontario Heritage
Act.
Heritage Tourist Inn
Means a building with historic and architectural merit on a large property
in which no more than six guest rooms are made available for the
temporary (no more than 30 days) accommodation of the travelling
public. Such an establishment may offer meals to guests staying at the
Inn, but shall not offer services to non-guests.
Hereafter
Means after the date of the passing of this By-Law.
Herein
Means in this By-Law, and shall not be limited to any particular section
of this By-Law.
High Water Mark
Means the mark made by the action of water under natural conditions
on the shore or bank of a body of water, which action has been
so common and usual and so long continued that it has created a
difference between the character of the vegetation or soil on one side of
the mark and the character of the vegetation or soil on the other side of
the mark.
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Home for the Aged
See Nursing Home.
Home Occupations
Means an occupation or enterprise which is carried out as use accessory
to the main residential use of a property and is owned and operated
only by a person or persons residing on the property.
Hospital
Means a hospital as defi ned by the Private Hospitals Act or a hospital as
defi ned by the Public Hospitals Act.
Hotel
Means a building designed or used for the accommodation of the
traveling or vacationing public, containing therein fi ve (5) or more guest
rooms served by a common building entrance. Accessory uses may
include accommodation for permanent staff and one or more beverage
rooms, dining rooms, meeting rooms, or similar uses.
Housekeeping Unit
Means a room or a suite of rooms within a tourist establishment that is
designed to provide accommodation and is equipped with a kitchen. A
housekeeping unit is not a swelling unit.
Household
The collection of all individuals normally resident in a dwelling unit.
Human Habitation
Means the use of a building or structure for living, sleeping, eating or for
food preparation purposes.
Industrial Mall
Means a building divided into a number of self-contained units which are
occupied by uses which are permitted uses in an Industrial designation.
Industrial or Business Service Centre
Means a building where commercial or industrial services are offered to
industries.
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Industrial Uses Class I Industry, Light
Means a place of business for a small scale, self contained plant or
building which produces, manufactures, assembles or stores a product
which is contained in a package and has a low probability of fugitive
emissions e.g. noise, odour, dust and vibration. Such industries operate
in the daytime only with infrequent movement of products and/or
heavy trucks and no outside storage. Examples include: electronics
manufacturing and repair, high technology industries, furniture repair
and refi nishing, beverage bottling, package and crafting services, small
scale assemble, auto parts supply.
Industrial Uses Class II Industry, Medium
Means a place of business for medium scale process and manufacturing
with outdoor storage of wastes or materials (e.g. it has an open
process) and where there are periodic or occasional outputs of fugitive
emissions e.g. noise, odour, dust and vibration. Shift operations occur
and there is frequent movement of products and /or heavy trucks
during daytime hours. Examples include dry cleaning services, printing
establishments, paint spray booths, welding shops, courier and transport
services, heavy vehicle repairs, bulk fuel storage, raw product storage
(aggregates, logs/lumber), warehousing, contractor's yard.
Industrial Uses Class III Industry, Heavy
Means a place of business for uses characterized as having emissions
such as noise, smoke, odour, fumes, vibrations or extensive outside
storage as part of their normal operations. Such uses include sawmills,
pulp and paper mills, refi neries, smelting operations and similar uses
which are intended to be secluded from residential or other sensitive
land uses in order to limit potential adverse effects on the environment
or the surrounding areas and public health.
Infrastructure
Means physical structures that form the foundation for development
including sewage and water works, waste management systems,
electric power, communications, transit and transportation corridors and
facilities, and oil and gas pipelines and associated facilities.
Institutional Use
Means land, building, structure or part thereof used by any government
agency, organization, group or association, for the promotion of
religious, charitable, educational, medical, benevolent objectives or
public service.
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Kennel
Means a building or a structure or part of a building or structure used for
the breeding, raising and/or boarding of dogs or cats for personal use or
for profi t or gain.
Land
Means any ground, soil or earth whatsoever regarded as the subject
of ownership and everything annexed to it whether by nature (such as
trees, water) or by man (such as buildings, fences).
Landscaped Open Space
Means a combination of trees, shrubs, fl owers, grass or other
horticultural elements, together with decorative stonework, paving
screening or other architectural elements, all of which is designed to
enhance the visual amenity of a property and/or to provide a screen
to mitigate any objectionable adjacent land use; but does not include
decks, parking areas, traffi c aisles or driveways or ramps for vehicles.
Landscape Strip
An open unobstructed space free of buildings or structures which is
used for the growing and maintenance of grass, fl owers, shrubs or other
landscaping.
Landscaping
Means a combination of trees, shrubs, fl owers, grass or other
horticultural elements, together with decorative stonework, paving,
screening or other architectural elements, all of which is designed
to enhance the aesthetics of a property and/or to provide a screen
to mitigate any objectionable aspects that may detrimentally affect
adjacent land.
Lane
Means a subsidiary thoroughfare providing access from within a lot,
principally from parking or loading spaces or from a lot to a public
street; or
A subsidiary public thoroughfare for the sole use of pedestrians and
connecting public streets, open spaces and/or buildings.
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Landing
Means an area at the top of a fl ight of stairs or between fl ights of stairs,
which does not exceed the width of the associated stairs by more than
1 ½ times, or a maximum width of 2.5 metres (8.2 feet), whichever is
less.
Laundromat
Means a building or structure where coin-operated laundry machines are
made available to the public for the purpose of laundry cleansing.
Library
Means a public building or structure where books and other audio-visual
resources may be read, consulted or borrowed.
Loading Space
Means a space or bay located on a lot or within a building which is used
or intended to be used for the temporary parking of any commercial
vehicle while loading or unloading goods, merchandise, or materials in
connection with the use of the lot or any building thereon, and which
has unobstructed access not necessarily in a straight line to a street.
Local Commercial Uses
Means uses which provide retail and service commercial uses that
serve the daily and weekly requirements and needs of the surrounding
residential neighbourhoods.
Lot
Means a parcel of land;
a)
The whole of which can be legally conveyed without approval
pursuant to the Planning Act, and
b)
No part of which can be transferred without such an approval;
and
c)
Which is not described in a registered condominium description;
or
d)
Two or more parcel of land which are:
Deemed to be one lot by this By-Law; or
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Town of Gananoque -- Development Permit By-law
Required to be transferred together by an agreement made pursuant to
the Planning Act; or
A parcel of land described as a whole registered description by the
Condominium Act, except for :
A vacant land condominium, in which a unit is considered to be a lot, or
In the case of a resort commercial establishment that includes
associated accommodation units within one or more condominium
descriptions that share central management and resort amenities on one
contiguous area of land, the entire land area of the resort commercial
establishment is deemed to be one lot for the purpose of this By-Law.
Lot Area
Means the total horizontal area measured within the limits of the lot
lines of the lot.
Lot, Corner
Means a lot situated at an intersection of two or more streets, or at the
intersection of two parts of the same street which have an interior angle
or intersection of not more than one hundred and thirty-fi ve degrees.
Where such street lines are curved, the angle of intersection of the
street lines shall be deemed to be the angle formed by the intersection
of the tangents to the street lines, drawn through the extremities of the
side lot lines. In the latter case, the corner of the lot shall be deemed to
be that point on the street line nearest to the point of intersection of the
said tangents.
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Town of Gananoque -- Development Permit By-law
Lot, Coverage
Means the percentage of the lot area covered by the ground fl oor
area of all buildings located on the lot excluding canopies, balconies,
overhanging eaves and private open air swimming pools.
Lot, Depth
Means the horizontal distance between the front and rear lot lines. If the
front and rear lot lines are not parallel, "lot depth" means the length of a
straight line joining the middle of the front lot line with the middle of the
rear lot line.
If there is not rear lot line, "lot depth" means the length of a straight
line joining the middle of the front lot line with the apex of the triangle
formed by the side lot lines.
Lot, Frontage
Means the horizontal distance between the side lot lines. Where such
side lot lines are not parallel, it shall be the width of a lot measured
between the intersections of the side lot lines with a line 7.5 metres
(24.6 feet) back from and parallel or concentric to the front lot line. Arc
distances shall apply on curved lines.
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Town of Gananoque -- Development Permit By-law
Lot Frontage, Island
Means the maximum distance measured between the farthest points
along the shoreline.
Lot, Interior
Means a lot other than a corner or a through lot which has frontage on a
public street.
Lot, Irregular
Means a lot abutting more than one street, but not otherwise defi ned
herein.
Lot, Line
Means a boundary line of a lot.
Lot Line, Exterior Side
Means a lot line located between the front and rear lot lines and dividing
the lot from a street.
Lot Line, Front
Means:
i)
In the case of an interior lot, the line dividing the lot from the
street line.
ii)
In the case of a corner lot, the shorter lot line abutting a street
shall be deemed to be the front lot line.
iii)
In the case of a corner lot with two street lines of equal lengths,
the lot line that abuts the wider street, or abuts a Provincial
Highway shall be deemed to be the front line, and in the case
of both streets being under the same jurisdiction and of the
same width, the lot line where the principal access to the lot is
provided shall be deemed to be the front lot line.
iv)
In the case of a lot with frontage on a public street or private
road and on a water body, the front lot line shall be measured
both on the street line and on the water side.
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Town of Gananoque -- Development Permit By-law
Lot Line, Rear
Means the lot line furthest from, and opposite to, the front lot line.
Lot Line, Side
Means a lot line other than a front, rear or side exterior lot line.
Lot, Through
Means a lot having a frontage on two parallel or approximately parallel
streets.
Lot, Waterfront
Means a lot with one lot line abutting the shoreline of a waterbody.
Lot, Width
Means the average horizontal dimension between the two longest
opposite sides.
Main Wall
Means any exterior wall of a building and all structural members
essential to the support of a fully enclosed space or roof exclusive of
permitted projections.
Main Front Wall
Means the exterior wall of the building, excluding the front wall of an
attached garage, and all structural members essential to the support of
a fully enclosed space or roof, that faces the front lot line.
Maneuvering Aisle
Means a space which services two or more parking spaces in a parking
lot, such as the area between two rows of parking spaces.
Manufacturing Plant
Means the use of land, buildings or structures for the purpose of
producing, assembling, making, preparing, inspecting, fi nishing, treating,
altering, warehousing or storing or adopting for sale of any goods,
substance, article or service.
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Town of Gananoque -- Development Permit By-law
Marina
Means a lot, building, structure on a waterfront with or without docking
facilities where boats and boat accessories are berthed, constructed,
stored, serviced, repaired or kept for sale or rent and where the facilities
for the sale of marine fuels, marine equipment, lubricants, bait as well
as the sale of foods, provisions or supplies as an accessory use may be
provided.
Marine Commercial Facility
Means a building or structure used for boat repairs, sales, storage, and
service or other marine related commercial use.
Marine Facility
Means a non-commercial building or structure which is used to moor,
berth, or store a boat. This defi nition may include a boat launching
ramp, a boat lift, marine railway, dock or boathouse, but does not
include any building used for human habitation or a marina. A marine
facility shall also include a water intake facility and any fl ood or erosion
control structure.
Maximum
Means the greatest number or amount permitted.
Median Building Line
See Established Building Line
Minimum
Means the least or smallest amount or number permitted.
Mini Warehouse and Public Storage
Means a commercial building or part of a building wherein general
merchandise, vehicles, furniture and household goods are all stored
in separate, secured storage areas or lockers which are generally
accessible by means of individual loading doors.
193
Town of Gananoque -- Development Permit By-law
Minor
Means a variance from any provision of this By-Law in respect to the
land, building or structure or the use thereof, which is desirable for the
appropriate development of the land, building or structure and which
maintains the general intent and purpose of the By-Law and of the
policies implemented by the By-Law.
Mobile Home
Means any dwelling that is designed and constructed in compliance
with CSA Z 240 to be made mobile, and constructed or manufactured to
provide a permanent residence for one or more persons, but does not
include a travel trailer or tent trailer or trailer otherwise designed.
Mobile Home Park
Means land which has been provided and designed for the location
thereon of two (2) or more occupied mobile homes.
Mobile Home Parcel
Means the space for the placement of one mobile home and for the
exclusive use of its occupants.
Modular Home
Means a single detached dwelling consisting of one or more modules
which has been prefabricated or manufactured in compliance with CSA
A 277 in a factory remote from the site where it is intended to be used
and transported to the site for installation on a permanent foundation,
but does not include a Mobile Home or Park Model Trailer as otherwise
defi ned.
Motel
Means a building or buildings designed or used for the accommodation
of the traveling or vacationing public, containing therein three (3) or
more guest rooms, each guest room having a separate entrance directly
from outside and may include an accessory eating establishment.
194
Town of Gananoque -- Development Permit By-law
Multiple Occupancy Industrial Building
Means a building containing two storeys or less located within an
Industrial zone wherein a combination of two or more uses permitted
in the zone occupy separate homogenous fl oor space areas and where
no individual occupant is identifi able as a dominant occupant of the
building.
Municipal Garage
See Garage Municipal
Municipal Offi ce
Means an offi ce occupied and or owned by the municipality and used for
municipal purposes.
Municipality
See Corporation.
Museum
Means the use of land, buildings or structures for the purposes of
assembling, preparing and displaying a collection or articles and artifacts
illustrating science, art, ancient life or other subjects and includes
accessory uses such as facilities for repair, renewing and storage and
may include retail outlets for souvenirs and refreshments.
Natural Heritage Features
Means features and areas, such as signifi cant wetlands, signifi cant
woodlands, fi sh habitat, signifi cant wildlife habitat and signifi cant
areas of natural and scientifi c interest, which are important for their
environmental and social values as a legacy of the natural landscapes of
an area.
Negative Impacts
Means:
In regard to fi sh habitat, the harmful alteration, disruption or destruction
of fi sh habitat, except where it has been authorized under the Fisheries
Act, using the guiding principle of no net loss of productive capacity.
In regard to other natural heritage features and areas, the loss of the
natural features or ecological functions for which an area is identifi ed.
195
Town of Gananoque -- Development Permit By-law
No Encroachment Area
Means an area on a lot where no development shall be permitted, with
the exception of surface landscaping that is installed at grade.
Non-Conforming or Non-Complying
Means any existing use, building, structure or lot which does not
conform with the zone requirements and standards of this By-Law.
Nursery
Means land and structures used for the growing of sod, fl owers, bushes,
trees, or other gardening, landscaping or orchard stock for wholesale or
retail sale. (see also Commercial Greenhouse)
Nursing Home
Means a building or premises used in accordance with the provisions of
the Nursing Homes Act, or the Homes for the Aged and Rest Homes Act,
the Long-Term Care Act or a home for the aged as provided for under
the Charitable Institutions Act respectively and amendments thereto.
Obnoxious Uses
Means any use which is a nuisance to the occupant or owner of any
neighbouring lands or buildings by reason of the emission form the
neighbouring land or building or any part thereof, or the creation
thereon, of odours, gasses, dirt, radiation, smoke, noise, vibration,
fumes, cinders soot, waste or water carried waste, or depositing or
leaving unsightly objects or chattels thereon.
Offi ce
Means a building or part of a building where one or more persons
are employed in administering, directing, managing or conducting
the affairs of a private enterprise. This defi nition shall not include
any manufacturing operation or any premises used for the repairing
equipment, goods, materials or vehicles.
Offi ce, Public Administration
Means the use of a building for the business and administration of a
public authority.
196
Town of Gananoque -- Development Permit By-law
Offi cial Plan
Means the Offi cial Plan of the Town of Gananoque or parts thereof and
amendments thereto and any Offi cial Plan which may be adopted by the
Corporation.
One Hundred Year Flood
Means that fl ood, based on an analysis of precipitation, snow melt, or a
combination thereof, having a return period of 100 years on average, or
having a 1% chance of occurring or being exceeded in any given year.
Open Space
Means the open, unobstructed space on a lot including landscaped
areas, pedestrian walkways, patios, pools or similar areas but not
including any deck, driveway, ramp, parking spaces or aisles, loading
spaces or maneuvering areas and similar areas.
Open Storage
Means storage or display of goods, merchandise or equipment outside
of a building or structure on a lot or portion thereof. This defi nition
shall not include the open storage of goods or equipment incidental to
a residential occupancy of a lot, a parking area or parking space or the
outdoor display of a limited number of samples of goods, merchandise
or equipment for the purpose of sales and advertisement.
Open Storage Area
Means an area within or outside of a building used or intended for use
for the open storage of goods, merchandise or equipment which may or
may not be intended for immediate sale.
Outdoor Café
Means an outdoor area adjoining a restaurant, a bar or a tavern,
consisting of outdoor tables, and related decorations and fi xtures, and
where meals or beverages are served to the public for consumption on
the premises. An outdoor café may be located within the public road
right-of-way where an encroachment agreement exists between the
owner and the Municipality.
197
Town of Gananoque -- Development Permit By-law
Outdoor Display Area
Means a portion of a lot used for exhibiting in an orderly manner,
completely assembled or fi nished merchandise, equipment, goods or
products sold by a retail or wholesale business on the same lot.
Outdoor Recreational Facility
Shall mean an establishment which provides recreational activities
primarily located outside of a building such as golf driving range,
miniature golf, lawn bowling, tennis court, model airplane fl ying or
similar activities. A Go Cart Track is not included within this defi nition.
Owner
Means the person or organization who owns the land in or on which a
land use is located and who may be responsible for the establishment or
operation of that land use.
Park - Public
Means an area of land, whether enclosed or not, maintained by the
Corporation or other public authority for the enjoyment, health and well-
being of people and open to the public with or without charge and, for
the purposes of this defi nition, includes tourist campground facilities.
Park - Private
Means an area of land, enclosed or not, owned and maintained by a
private person for the enjoyment, health and well-being of people and
which is open to the public with or without charge.
Parking Area
Means a lot or portion thereof required in accordance with the provisions
of this By-Law for the temporary storage or parking of motor vehicles
accessory or incidental to uses in all designations and shall not include
the storage or parking four (4) or more motor vehicles for hire and gain,
display or for sale.
Parking, Garage
See Garage, Parking
Parking Lot
A parking area forming the principal use of a lot.
198
Town of Gananoque -- Development Permit By-law
Parking Space
Means an area used for the temporary parking of one motor vehicle and
includes spaces for the handicapped.
Permitted
Means permitted by this By-Law.
Permitted Uses
Means a use which is listed under the heading "Permitted Uses" in the
designation where such use is located. It should be noted that unless
the use has been specifi cally identifi ed as permitted or discretionary it is
not permitted.
Person
Shall include an individual, an association, a charted organization, a
fi rm a partnership, a corporation, an agent or trustee and the heirs,
executors or other legal representatives of a person to whom the
context can apply according to law.
Personal Service Establishment
Means an establishment wherein a personal service is performed.
This defi nition may include a barber shop, beauty salon, shoe repair,
Laundromat or a dry cleaning distribution station or a similar use.
Pet Shop
Means a shop or place where animals or birds for use as pets are sold,
kept for sale or groomed, where pet supplies and pet foods are sold but
does not include a shop for breeding or boarding of pets.
Pharmacy
Means a building or structure or portion thereof wherein prescription
medicines, patent medicines, sundry household items and similar
merchandise are kept and offered for sale to the public.
Place of Assembly
Means a building specifi cally set aside for and primarily engaged in the
operation of arts and crafts shows, trade fairs, fashion show, public
meetings, banquets, conference meetings and similar activities.
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Town of Gananoque -- Development Permit By-law
Place of Entertainment
Means an establishment operated for commercial gain or profi t wherein
amusement facilities are provided such as an arcade shop or penny
arcade, billiard or pool room, pinball machines and video games.
Place of Recreation
Means an establishment, premises, or building where any recreational,
social or cultural uses are operated commercially for profi t such as
arenas, health clubs, golf courses, open or enclosed skating or curling
rinks, open or enclosed pools, open or enclosed badminton or tennis
courts, squash courts, bowling alleys, gymnasium, band shell or open
theatre, and other similar uses but does not include a casino or bingo
hall.
Place of Worship
Means a building or an open area dedicated to religious worship.
Playground
Means a park or part thereof which is equipped with active recreational
facilities oriented to children.
Principal
See, Uses Principal
Printing and Publishing Establishment
Means a building or part thereof used primarily for printing, regardless
of the method, and publishing of newspapers, periodicals, books, maps
and similar publications and also includes the sale and servicing of
printing and duplicating equipment.
Private Amenity Area
Means a privacy yard immediately adjacent to the dwelling unit which
serves the household and with access controlled by the household of the
dwelling unit.
200
Town of Gananoque -- Development Permit By-law
Private Club
Means a building or part of a building used as a meeting place by an
association of persons who are bona fi de members, which owns, hires
or leases the building or part thereof, the use of such premises being
restricted to members and their guests for social, cultural, recreational,
business or athletic purposes.
Private Road
Means a private right-of-way over private property which affords access
to at least two (2) abutting lots and which is not maintained by a Public
Authority.
Propane/Compressed Natural Gas Transfer and Handling
Facility
Retail propane/compressed natural gas transfer means a transfer facility
that is licensed under the provisions of the Energy Act, R.S.O. 1990, c.
E.16, from which petroleum fuels (propane and compressed natural gas)
may be retailed to the public.
Consumer outlet propane/compressed natural gas facility means a non-
retail facility licensed under the Energy Act, R.S.O., where vehicles,
appliance and other equipment of the business or establishment
to which the said facility belongs are refueled with petroleum fuels
(propane and natural gas).
Gas cylinder handling facility means a facility licensed under the Energy
Act, R.S.O., where bottled gases are handled and stored in cylinders and
where there is no element of transfer.
Bulk propane storage depot means a propane transfer facility that has
an aggregate capacity in excess of 47571 litres (2000 US gallons).
Public Access Point
Means public land designated by the appropriate authority and
developed and maintained by the authority as a public access to a
navigable water body.
Public Art
Means any artistic installation in a publically owned building or space.
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Town of Gananoque -- Development Permit By-law
Public Authority
Any Federal, State, Provincial, District, Region, county or Municipal
agencies, and includes any commission, board, authority, or department
established by such agency.
Public Market
Means the use of a building, structure or lot for the purpose of selling
any or all of produce, fi sh, seafood, fruits, meats, dairy product, plants
and crafts, but does not include a fl ea market.
Public Street
Means a public or common highway affording the principal means
of access to abutting properties which has been dedicated to and/or
assumed by a public authority.
Public Service Area
Means the area served by the Town operated water and wastewater
services.
Public Use
Means a building, structure or lot used for public services by the Town
of Gananoque or the United Counties of Leeds and Grenville and any
Boards or Commissions thereof, and any Ministry or Commission of the
Governments of Ontario or Canada, any telephone, telegraph or railway
company, any company supplying natural gas, Ontario Hydro, and
Conservation Authority, Public Utilities Company or similarly recognized
agencies.
Public Utility
Means a water works or water supply system, sewage works, electrical
power or energy generating transmission or distribution system,
street lighting system, natural or artifi cial gas works or supply system,
a transportation system or a telephone system, scientifi c research
system, and includes any lands, buildings or equipment required for the
administration or operation of any such system and which is operated by
a public authority or a publicly governed company.
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Town of Gananoque -- Development Permit By-law
Recreational Trailer
Means a structure designed to provide temporary living accommodation
for travel, vacation or recreational use and to be driven, towed or
transported and without limiting the generality of the foregoing includes
folding camping trailers, travel trailers and motor homes.
Recreational Vehicle
Shall mean any vehicle so constructed that is suitable for being attached
to a motor vehicle for the purpose of being drawn or is self-propelled,
and is capable of being used on a short term basis for living, sleeping
or eating accommodation of persons. The term recreational vehicle
includes the following: motor homes, travel trailers, tent trailers,
camper, motor homes but does not include a mobile home, recreational
equipment such as boats, snowmobiles, personal water craft, all terrain
vehicles or other equipment used for recreational purposes.
Recreational Vehicle Sales and Storage
Means a building and/or lot which is used for the display, storage and/
or sale of boats, trailers, campers and other recreational vehicles or
recreational equipment.
Recycling Depot or Transfer Station
Means a special waste management facility which serves as a temporary
storage site for clean materials such as glass, paper, cardboard, plastic,
metal and other similar products which will be transferred to another
location for reuse. This defi nition does not include any other type of
waste management system.
Redevelopment
Means a removal or rehabilitation of buildings or structures and the
construction, reconstruction or erection r other buildings or structures in
their place.
Restaurant
Means the use of a building or structure or part of a building for the
preparation and sale of food and beverages for immediate consumption
within or outside of the building or structure and may include ancillary
home delivery, catering or take out services.
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Town of Gananoque -- Development Permit By-law
Restaurant, Take Out
A building or portion thereof where food and/or beverages are sold in
a form ready for consumption and where all or a signifi cant portion of
the consumption takes place or is designed to take place outside the
confi nes of the building, often in a motor vehicle on the site.
Retail Factory Outlet
Means a building or part of a building wherein goods, wares,
merchandise, substances, or articles produced by one factory only are
offered for sale directly to the public and may include storage for such
goods, wares, merchandise, substances, or articles.
Retail Grocery Store
See Supermarket
Retail Store
Means a building wherein goods, wares, merchandise, substances or
articles are offered for sale to the general public, and may include the
limited storage and display of goods, wares, merchandise, substances
or articles, and shall not include any other use defi ned herein. A retail
store may include the sale of food stuffs; such as baking, dairy, fruit or
vegetables and meat.
Retail Outlet
Means a building or part of a building accessory to a permitted use in
the Employment Designation, in which goods, wares, merchandise,
substances, articles or things are offered or kept for retail sale to the
public and which are largely manufactured on site.
Revegetation
Means the planting or planting and regeneration of native vegetation in
order to restore a shoreline buffer.
Road
See public street.
Road Allowance
Means a public highway and includes the surface of which is not
improved for use by vehicular traffi c and is not maintained by a Public
Authority.
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Town of Gananoque -- Development Permit By-law
Rooming House
Any house or other building or portion thereof in which persons are
harbored, received or lodged for hire, but does not include a hotel,
hospital, home for the young or the aged or institution, provided the
hotel, hospital, home or institution is licensed, approved or supervised
under any general or specifi c Act.
Sample and Showroom
Means a building or part of a building used for the display of samples,
patterns or other goods for viewing by the consumer and where
purchase orders are taken, provided that articles from the display are
not taken from the premises.
Satellite Dish/Receiver
Means a structure designed, used or intended to be used to send or
receive signals to or from a satellite.
Sawmill or Planing Mill
Means a building, structure or area where timber is cut or sawed, either
to fi nished lumber or as an intermediary step.
Sauna
Means an accessory building or structure not exceeding 10 square
metres (107 square feet) wherein facilities are provided for the purpose
of a steam bath and may include a change room and shower and may
be constructed as part of a boat house.
School
Shall mean a public educational establishment operated by a School
Board.
School, Commercial
Means a commercial establishment which offers instruction in a
specialized fi eld including, but not limited to, computer training, music,
sports, arts and crafts.
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Town of Gananoque -- Development Permit By-law
School, Private
Means an educational establishment, other than a School wherein
teaching or instruction is offered for gain in such fi elds as academics,
dancing, music, art, sports, business or trade, and any other such
specialized school conducted for gain, and also includes such fi elds as a
studio for photography and arts and crafts.
Seat
Means a place on or in which one sits. Where provided by benches,
forms or pews, each 0.6 linear metre (2.0 feet) of seating space shall be
the equivalent of one (1) seat.
Seating Capacity
Means the number of persons which can be accommodated in a building
or structure or part thereof in a seated position on chairs, benches,
forms or pews.
Secondary Suite
Mean an ancillary dwelling that is part of a principal dwelling.
Secondhand Shop
Means a building or part of a building in which used goods, wares,
merchandise, substances, articles or things are offered or kept for sale
at retail and may include such uses as a pawnshop, an antique store, an
opportunity shop or similar use but no open storage is permitted other
than during regular business hours.
Sensitive Land Use
Means buildings, amenity areas or outdoor spaces where routine
or normal activities occurring as reasonable expected times would
experience on or more adverse effects from contaminant discharges
generated by a nearby facility and includes a dwelling, day care centre
and an educational or health facility.
Service or Repair Establishment
Means the use of a building for the servicing or repairing of articles,
goods or materials, and includes sales accessory to the principal use.
A service or repair shop does not include the manufacture of articles,
goods or materials, motorized or gas powered engines or include a use
otherwise defi ned by this By-Law.
206
Town of Gananoque -- Development Permit By-law
Setback
Shall mean:
With reference to a road or street, the least horizontal distance between
the front lot line and the nearest building line.
With reference to an interior lot or a through lot, the space between the
front lot line and the nearest portion of the main wall of a building.
With reference to a corner lot, the space between the nearest portion of
the main wall of a building and the street line, and the space between
the side lot line abutting the fl anking street, and the nearest portion of
the main wall of a building.
Setback, Prominent
Shall mean the average setback along the streetscape between two
intersecting streets.
Sewage and Water Systems
Full Municipal Sewage and Water Services
Means piped sewage and water services that are connected to a
centralized water and waste water treatment facility.
Communal Services
Means sewage works and sewage systems and water works that provide
for the distribution, collection or treatment of sewage or water but
which; are not connected to full municipal sewage and water services;
are for the common use of more than fi ve residential units/lots; are
owned, operated, and managed by a municipality or, another public
body, or a condominium corporation or single owner which has entered
into an agreement with the municipality or public body, pursuant to
Section 51 of the Planning Act, providing for municipal/public body
assumption of the communal services in the event of default by the
owner.
Individual On-Site Systems
Means individual autonomous water supply and sewage disposal
systems that are owned, operated and managed by the owner of the
property upon which the system is located and which do not serve more
than fi ve residential units/lots.
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Town of Gananoque -- Development Permit By-law
Partial Services
Means connection to one communal service or full municipal service
where the other connection will be to an individual on-site system.
Shopping Centre
Means a group of restricted business uses designated, developed and
managed as a unit, having the off-street parking provided on the site.
Shoreline
Means those lands extending from the average annual water level which
have potential and direct signifi cant impact on near shore waters and
the shore ecosystem through run-off, and where land use activity is
primarily water oriented.
Shoreline Structure
Means a boat house (wet or dry), a boat port, a fl oat plane hangar, a
sauna or steam bath, a dock or wharf, a gazebo, a utility or storage shed
or a viewing deck.
Side Wall
Means the exterior wall of a building; and all structural members
essential to the support of a fully enclosed space or roof.
Sight Triangle
Means a triangular space, free of buildings, structures and obstructions
including landscaping materials such as shrubs and trees, formed by the
street lines abutting a corner lot and a third line drawn from a point on
a street line to another point on a street line, each such point being the
required sight distance from the point of intersection of the street lines
as specifi ed in this By-law.
208
Town of Gananoque -- Development Permit By-law
Sign
Shall mean any writing., letter work or numeral, any pictorial
representation, illustration, drawing, image or decoration, any emblem,
logo, symbol or trademark or any device with similar characteristics
which:
Is a structure, or part of a structure, or which is attached thereto or
mounted thereon; and
Which is used to advertise, inform, announce, claim, give publicity or
attract attention.
Site Alteration
Means a change to the existing topography by more than 0.3 metres (1
foot) and over an area exceeding 9.29 square metres (100 square feet).
Sleeping Cabin
Means a building used for the temporary accommodation of persons
with no kitchen or sanitary facilities.
209
Town of Gananoque -- Development Permit By-law
Small Batch Brewery
Means a building or structure used to brew local beer for sale and
distribution and may include a retail facility.
Solid Waste Disposal Site
See Waste Disposal
Steep slope
Means a slope of more than 30%.
Storage, Establishment
Means the use of land, buildings or structures for the primary purpose
of storing of chattels such as boats or heavy equipment. A storage
establishment may include accessory structures for the management
and operation of the establishment, but does not include the overnight
accommodation of humans or any use otherwise defi ned in this By-Law.
Storage, Outdoor
Means the use of an area of land outside of a building or structure
intended for the storage of equipment, chattels, goods or materials
integral to a principal use on a regular basis for a time period greater
than 72 hours.
Storage Shed
Means an accessory building used for the storage of household items
and equipment incidental to a residential occupancy.
Storey
Means that portion of a building other than a cellar or basement
included between the surface of any fl oor and the surface of the fl oor,
roof deck, ceiling or roof immediately above it.
First Storey means the storey with its fl oor closest to fi nished grade and
having its ceiling at least 1.5 metres (4.92 feet) above fi nished grade.
One-half Storey means that portion of a building situated wholly or
partly within the roof and in which there is a vertical dimension of at
least 2.0 metres (6.56 feet) (measured from fi nished fl oor to fi nished
ceiling) over a fl oor area equal to at least 50% of the fl oor area of the
storey next below.
210
Town of Gananoque -- Development Permit By-law
Attic means that portion of a building situated wholly or partly within the
roof but which is not a one-half storey.
Basement means any storey below the fi rst storey which is at least 50%
above fi nished grade (measured from fi nished fl oor to fi nished ceiling).
Cellar means any storey below the fi rst storey which is more than 50%
below fi nished grade (measured from fi nished fl oor to fi nished ceiling).
Straight Line Projection
Means the straight-line extension or projection of a lot line.
Street Allowance
Shall have a corresponding meaning to that of Public Street or Private
Road.
Street or Road
Means a public or common highway affording principal means of access
to abutting properties. This defi nition shall not include a private land or
private right-of -way.
Street Line
Means the limit of the road or street allowance and is the dividing line
between a lot and a Public Street or Private Road.
Structure
Means anything constructed or erected, either permanent or temporary,
the use of which requires location on the ground or attachment to
something having location on the ground. For the purposes of this
By-Law, a fence not exceeding 2 metres (6.56 feet) in height shall be
deemed not to be a structure.
Studio
Means a building or part thereof used, as the workplace of a
photographer, artist, or artisan or for the instruction of art, music,
languages or similar disciplines.
211
Town of Gananoque -- Development Permit By-law
Suite Secondary
Means a dwelling unit located within and ancillary to a principal
detached dwelling and which is to be used on a temporary basis as an
alternative living arrangement for individuals that require some support
from the occupants of the principal dwelling.
Swimming Pool
Means an outdoor or indoor pool used for swimming, wading, diving or
recreational bathing which is at least 60 centimetres (23.5 inches) in
depth, but does not include a hot tub, spa or whirlpool.
Tarpaulin Structure
Means a supporting metal pole frame structure with a fabric cover made
of canvas nylon or similar material. Such structure must be ancillary to a
main permitted use and can be dismantled and moved.
Taxi Station
Means a building or structure or a part thereof used in whole or in part
to dispatch taxis and includes adjacent land used to store vehicles used
for the taxi business.
Teletheatre
Means the use of a building or part of a building for a horse racing off-
track betting facility licensed by the Ontario Racing Commission which
operates wagering and provides live audio visual signals of direct,
simulcast horse racing. The teletheatre may only be carried on in
conjunction with an existing restaurant/tavern.
Temporary Use
Means a use established for a fi xed period of time by By-Law under
Section 38 of the Planning Act, R.S.O., 1990, as amended, with the
intent to discontinue such use upon the expiration of the time period.
Theatre, Cinema
See Cinema, Theatre
Top of Slope
Means the point of line which is the beginning of a signifi cant change in
the elevation of the land surface, and from which the land surface slopes
downward toward an existing (or abandoned) watercourse (or lake).
212
Town of Gananoque -- Development Permit By-law
Tot Lots
Means a public park which is generally limited in size and which is
equipped with amenities designed for recreational use by small children.
Transportation Depot/Terminal
Means land, or a structure or a building where commercial vehicles
are kept for hire, rental and/or lease, or stored and/or parked for
remuneration and/or from which such vehicles are dispatched for
hire as common carriers and where such land, structure or building
may be used for the storage and/or distribution of goods, wares, and
merchandise.
Transport Trailer
Means any vehicle so constructed that it is suitable for being attached
to a motor vehicle or tractor and capable of being used for transporting
goods, materials or livestock, despite that such vehicle is jacked up or its
running gear is removed.
Unclassifi ed Wetland
Means lands that are seasonally or permanently covered by shallow
water, as well as lands where the water table is close to or at the
surface. In either case the presence of abundant water has caused
the formation of hydric soils and has favoured the dominance of
either hydrophytic or water tolerant plants. The edge of a unclassifi ed
wetland shall be defi ned as being where greater than 50% of the plant
community consists of hydrophytic or water tolerant species. For the
purpose of this By-Law, such areas have not been classifi ed as being
of Provincial signifi cance under the Provincial Policy Statement. Lands
being used for agricultural purposes, that are periodically "soaked" or
"wet", are not considered to be unclassifi ed wetlands in this defi nition.
Use
Means the purpose for which land, buildings or structures may be
arranged, designed, designated, intended, maintained or occupied; and
The occupation, business, activity, or operation carried on, or intended
to be carried on the land or in a building or structure for which it is
arranged, designed, designated, intended, maintained or occupied.
213
Town of Gananoque -- Development Permit By-law
Use, Accessory
Means a use customarily incidental and subordinate to the main use or
main building and located on the same lot with such principal use or
principal building.
Use, Discretionary
Means a use which may be permitted subject to a municipal review to
confi rm that the use is both desirable and appropriate in the proposed
location on the basis of the physical and functional design of the
structure(s) and use(s) and subject to the provisions of the applicable
Area Designation.
Use, Principal
Means the predominant purpose for which any land, building or
structure, or part thereof is used, designed, arranged, occupied or
maintained.
Vegetation
Means healthy, woody vegetation which measures at least 4 feet in
height.
Vegetation Removal
Means the removal of healthy, woody vegetation of at least 4 feet in
height, but does not include trimming, pruning and removal of such
woody vegetation if it presents a hazard to life or property.
Vehicle
Means a motor vehicle, traction engine, farm tractor, road-building
machine, bicycle and any vehicle drawn, propelled or driven by any kind
of power, including muscular power, but does not include a snowmobile
or a street car.
Vehicle Agency
Means an establishment having as its main use the storage of vehicles
for sale, rent or lease. Accessory uses may include facilities for the repair
or maintenance of such vehicles.
214
Town of Gananoque -- Development Permit By-law
Video Rental Outlet
Means a building or part of a building wherein the primary use is the
rental of DVD's, video tapes or compact discs and may include the rental
of video recorders, cameras, players or games.
Warehouse
Means a building or structure or portion thereof used or intended to be
used for the bulk storage of goods, merchandise, or material.
Waste Disposal Site
Means a site which is licensed or approved by the Ministry of the
Environment and/or its agents where garage, refuse, domestic or
industrial waste, excluding radioactive or toxic chemical wastes is
disposed of or dumped. This defi nition shall include waste transfer
stations and recycling depots. (See also Recycling Depot).
Waste Disposal Site Infl uence Area
Means the area where the possible effects of a Waste Disposal
Site, including landfi ll-generated gases, ground and surface water
contamination by leachate, odour, litter, contaminant discharges
from associated vehicular traffi c, visual impact, dust, noise, other air
emissions, fi res, surface runoff, and vectors and vermin, are most likely
to occur.
Water Frontage
Means a lot which has one or more lot lines abutting a navigable
watercourse, bay or lake.
Water Body
Means any bay, lake, river, natural watercourse or canal but excluding a
drainage or irrigation channel.
Watercourse
Means the natural channel for a perennial or intermittent body of water,
including a river or stream with well defi ned banks and a bed.
Welding Shop
Means the use of land, building, or structure where pieces of metal are
welded or fabricated.
215
Town of Gananoque -- Development Permit By-law
Wetland
Means a Provincially Signifi cant Wetland.
Wholesale Establishment
Means a building, structure or part thereof used or intended to be
used for the bulk storage and sale of quantities of goods, commodities,
wares, merchandise, or materials for resale or business use.
Wildlife Habitat
Means areas where plants, animals and other organisms live, and fi nd
adequate amounts of food, water shelter and space needed to sustain
their populations. Specifi c wildlife habitats of concern may include areas
where species concentrate at a vulnerable point in their annual life cycle;
and areas which are important to migratory or non-migratory species.
Woodlands
Means treed areas that provide environmental and economic benefi ts
such as erosion prevention, water retention, provision of habitat,
recreation and the sustainable harvest of woodland products. Woodlands
also include treed areas, woodlots or forested areas and vary in their
level of signifi cance.
Workshop
Means a building, structure or part thereof where manufacturing is
performed by a tradesman, requiring manual or mechanical skills and
may include a carpenter's shop, a locksmith's shop, a gunsmith's shop, a
tinsmith's shop, a commercial welder's shop or similar uses.
Yard
Means the area between a main wall of a building and a lot line that,
except for landscaping or accessory buildings and projections specifi cally
permitted elsewhere in this By-law, is unobstructed above grade.
Yard, Front
Means a yard extending across the full width of the lot between the
front lot line and a line drawn parallel or concentric thereto and through
the point of the main wall of a main building closest to the front lot line.
216
Town of Gananoque -- Development Permit By-law
Yard, Rear
Means a yard extending across the full width of the lot between the rear
lot line and a line drawn parallel or concentric thereto and through the
point of the main wall of the main building closest to the rear lot line.
Where there is no rear lot line, the Yard, Rear shall be measured from
the intersection of the side lot lines to the closest point of the main wall
of the main building.
Yard, Side
Means a yard extending from the front yard to the rear yard between
the side lot line and a line drawn parallel or concentric thereto and
through the point of the main wall of a building closest to the side lot
line.
Yard, Side Exterior
Means a side yard adjacent to a public street. In the case of an
irregular lot, if a proposed building or structure conforms to the yard
requirements but would be located closer to the property limit than the
minimum distance required, the minimum distance required shall be
applied between the property limit and the closest part of the building or
structure.
Yard, Side Interior
Means a side yard other than an exterior side yard.
Yard, Shoreline
Means a yard extending across the full width of the lot situated between
the shoreline and a line parallel thereto and passing through the nearest
point of the outside edge of walls or posts of a building or structure,
including any attached or directly adjacent deck, or the nearest open
storage on the lot.
217
Town of Gananoque -- Development Permit By-law
Yard, Required
Means the minimum and maximum yard required by the standards,
provisions and requirements of this By-Law.
219
Town of Gananoque -- Development Permit By-law
APPENDIX A
Examples of Designer Heritage Colours