Zoning By-law 2022-016 (As Adopted)

Gordon/Barrie Island, Ontario · adopted 2022-11-01

This is the exact embedded text of the captured official document. Snapshot 8915ac5bde0e · verified 2026-08-28 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

JLR No.: 31653-003 As Adopted November 1, 2022 Prepared for: MUNICIPALIITY OF GORDON / BARRIE ISLAND 29 Noble Sideroad Gore Bay, ON P0P 1H0 Municipality of Gordon/Barrie Island Zoning By-law 2022-016 Value through service and commitment Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -i- As Adopted Table of Contents 1.0 Authorization and Administration ...................................................................................... 1 2.0 Interpretation ..................................................................................................................... 4 2.1 General .................................................................................................................. 4 2.2 Certain Words ........................................................................................................ 4 2.3 Interpretation of Similar Permitted Uses ................................................................ 4 2.4 Technical Revisions ............................................................................................... 4 2.5 Zones ..................................................................................................................... 5 2.6 Schedules .............................................................................................................. 5 2.7 Zone Boundaries ................................................................................................... 5 2.8 Closings ................................................................................................................. 6 2.9 Zoning Symbols ..................................................................................................... 6 3.0 Definitions ......................................................................................................................... 7 4.0 General Provisions .......................................................................................................... 29 4.1 Accessory Uses ................................................................................................... 29 4.2 Automobile Service Stations and Gas Bars ......................................................... 31 4.3 Building Repair and Reconstruction .................................................................... 31 4.4 Buildings to be Moved ......................................................................................... 31 4.5 Cannabis Processing Facility ............................................................................... 32 4.6 Change of Use ..................................................................................................... 32 4.7 Corner Visibility Triangle ...................................................................................... 32 4.8 Dwelling Unit in Non-residential Building or Lot ................................................... 32 4.9 Frontage on a Public Road or Street ................................................................... 33 4.10 Height Exceptions ................................................................................................ 33 4.11 Home Industries ................................................................................................... 33 4.12 Home Occupations .............................................................................................. 33 4.13 Minimum Distance Separation ............................................................................. 34 4.14 Multiple Uses on One Lot .................................................................................... 34 4.15 Non-Conforming Uses ......................................................................................... 34 4.16 Non-Complying Uses ........................................................................................... 35 4.17 Number of Dwelling Units on One Lot ................................................................. 36 4.18 Properties with More than One Zone ................................................................... 36 4.19 Public Uses Permitted ......................................................................................... 36 4.20 Short Term Rentals .............................................................................................. 36 4.21 Special Uses Permitted ....................................................................................... 37 4.22 Uses Prohibited ................................................................................................... 37 4.23 Uses Restricted ................................................................................................... 37 4.24 Planting Strip ....................................................................................................... 37 4.25 Waste Disposal Zone Setbacks ........................................................................... 38 4.26 Waterfront Setbacks and Vegetative Buffer ......................................................... 38 4.27 Yard and Setback Encroachments Permitted ...................................................... 39 4.28 Yard Exception - Terrain Unsuitability ................................................................. 40 5.0 Parking ............................................................................................................................ 41 5.1 Off-street Parking Requirements ......................................................................... 41 5.2 Parking Space Requirements .............................................................................. 41 5.3 Size of Parking Space ......................................................................................... 43 5.4 Ingress and Egress .............................................................................................. 43 5.5 Drive Through ...................................................................................................... 43 Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -ii- As Adopted 5.6 Parking Area Surface ........................................................................................... 43 5.7 Accessible Parking .............................................................................................. 44 5.8 Loading Space Requirements ............................................................................. 45 6.0 Village Area (VA) Zone ................................................................................................... 46 6.1 Permitted Uses .................................................................................................... 46 6.2 Zone Provisions ................................................................................................... 46 6.3 Accessory Use Zone Provisions .......................................................................... 47 6.4 Additional Zone Provisions .................................................................................. 47 6.5 Special Exception Zones ..................................................................................... 47 7.0 Shoreline Residential (SR) Zone ..................................................................................... 48 7.1 Permitted Uses .................................................................................................... 48 7.2 Zone Provisions ................................................................................................... 48 7.3 Accessory Use Zone Provisions .......................................................................... 49 7.4 Additional Zone Provisions .................................................................................. 49 7.5 Special Exception Zones ..................................................................................... 49 8.0 General Commercial (C1) Zone ...................................................................................... 51 8.1 Permitted Uses .................................................................................................... 51 8.2 Zoning Provisions ................................................................................................ 51 8.3 Additional Zone Provisions .................................................................................. 51 8.4 Special Exception Zones ..................................................................................... 52 9.0 Tourist Commercial (TC) Zone ........................................................................................ 53 9.1 Permitted Uses .................................................................................................... 53 9.2 Zone Provisions ................................................................................................... 53 9.3 Additional Zone Provisions .................................................................................. 53 9.4 Special Exception Zones ..................................................................................... 53 10.0 General Industrial (M1) Zone .......................................................................................... 54 10.1 Permitted Uses .................................................................................................... 54 10.2 Zone Provisions ................................................................................................... 54 10.3 Accessory Use Zone Provisions .......................................................................... 54 10.4 Special Exception Zones ..................................................................................... 55 11.0 Agricultural (A) Zone ....................................................................................................... 56 11.1 Permitted Uses .................................................................................................... 56 11.2 Zone Provisions ................................................................................................... 56 11.3 Accessory Use Zone Provisions .......................................................................... 57 11.4 Additional Zone Provisions .................................................................................. 57 11.5 Special Exception Zones ..................................................................................... 57 12.0 Rural (RU) Zone .............................................................................................................. 60 12.1 Permitted Uses .................................................................................................... 60 12.2 Zone Provisions ................................................................................................... 60 12.3 Accessory Zone Provisions ................................................................................. 61 12.4 Additional Zone Provisions .................................................................................. 61 12.5 Special Exception Zones ..................................................................................... 62 13.0 Open Space Recreation (OSR) Zone ............................................................................. 66 13.1 Permitted Uses .................................................................................................... 66 13.2 Zone Provisions ................................................................................................... 66 13.3 Additional Zone Provisions .................................................................................. 66 13.4 Special Exception Zones ..................................................................................... 66 14.0 Open Space Conservation (OSC) Zone .......................................................................... 67 14.1 Permitted Uses .................................................................................................... 67 Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -iii- As Adopted 14.2 Zone Provisions ................................................................................................... 67 14.3 Additional Zone Provisions .................................................................................. 67 14.4 Special Exceptions Zones ................................................................................... 67 15.0 Pit and Quarry (Q) Zone .................................................................................................. 68 15.1 Permitted Uses .................................................................................................... 68 15.2 Zone Provisions ................................................................................................... 68 15.3 Special Exception Zones ..................................................................................... 68 16.0 Waste Disposal Site (WD) Zone ..................................................................................... 69 16.1 Permitted Uses .................................................................................................... 69 16.2 Zone Provisions ................................................................................................... 69 16.3 Accessory Use Provisions ................................................................................... 69 16.4 Additional Zone Provisions .................................................................................. 69 16.5 Special Exception Zones ..................................................................................... 69 17.0 Airport (AP) Zone ............................................................................................................ 70 17.1 Permitted Uses .................................................................................................... 70 17.2 Zone Provisions ................................................................................................... 70 17.3 Special Exception Zones ..................................................................................... 70 Schedules B1 Barrie Island B2 Gordon and Allan West Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -1- As Adopted 1.0 Authorization and Administration 1.1 Title This By-law shall be known as the "Zoning By-law for the Municipality of Gordon/Barrie Island" or By-law No. 2022-016. 1.2 Defined Area This By-law applies to all land included on Schedules B1 to B2 to this By-law within the boundaries of the Municipality of Gordon/Barrie Island, herein after known as the Municipality, and to the adjoining shores of various lakes and rivers including land covered by water wherever there is or may be erected any jetty, boathouse, pier or other building or structure. 1.3 Effective Date This By-law shall come into effect on the day it is passed by the Municipality subject to the appeal provisions of the Planning Act. 1.4 Scope No building, structure or land shall be used, and no building or structure shall be hereafter erected within that portion of the Planning Area as now or henceforth legally constituted to which this By- law applies except in conformity with the provisions of this By-law. 1.5 Administration and Enforcement This By-law shall be administered by the Clerk/CAO or such other person as the Municipality shall designate, and no permit for the use of land or for the erection of any building or structure or approval of any municipal license within the area to which this By-law applies, shall be issued where the proposed use, building or structure would be in violation of any provision of this By-law. 1.6 Application and Plans In addition to the requirements of this Zoning By-law, every application for a building permit shall be accompanied by plans, drawn to an appropriate scale and based upon an actual survey and showing: 1. the true shape and dimensions of the lot to be used or upon which it is proposed to erect any building or structure; 2. the proposed location, height and dimensions of the building, structure or work in respect of which the permit is applied for; 3. the location of every building or structure already erected on or partly erected on such lot, and the location of every use, building or structure upon adjacent lots; 4. the proposed location of parking spaces, loading spaces, driveways, landscaping areas or planting strips as may be required; and 5. other such information as may be necessary to determine whether or not every such building, structure and work conforms to the requirements of this By-law. Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -2- As Adopted Every such application shall be signed by the owner of the lot or the owner's agent duly authorized thereunto in writing and by the Clerk/CAO and such application shall set forth in detail the current and proposed use of the lot and any building or structure thereon, together with all information necessary to determine whether or not every such proposed use of land, building or structure conforms with the requirements of this By-law. 1.7 Conformity No land to which this By-law applies shall hereafter be used and no building or structure shall hereafter be erected or used except in accordance with the general and special provisions of this By-law, but nothing in this By-law prevents the use of any land, building or structure for any use prohibited by this By-law if such land, building or structure was lawfully used for such purpose on the day this By-law comes into effect. 1.8 Licenses, Permits and Other By-laws Nothing in this By-law shall exempt any person from complying with requirements of the building By-law or any other By-law in force within the Municipality or from obtaining any permit, license, permission, authority or approval required by this or any other By-law of the Municipality or by any other law in force from time to time. 1.9 Greater Restrictions This By-law shall not be effective to reduce or mitigate any restrictions lawfully imposed by a governmental authority having jurisdiction to make such restrictions. 1.10 Inspection The authority having jurisdiction to enforce this By-law from time to time is hereby authorized, after reasonable notice to the owner or assessed owner, occupant or apparent occupant of the property in question, to enter at all reasonable hours for the purposes of inspection. 1.11 Violation and Penalty 1. Pursuant to Section 429 of the Municipal Act, R.S.O., 2001, Chapter 25 and to Section 67 of the Planning Act, R.S.O., 1990, Chapter P13, as amended respectively, every person who contravenes any of the provisions of the Zoning By-law shall upon conviction thereof, forfeit and pay a penalty not exceeding $25,000 exclusive of costs for each offence, and on a subsequent conviction to a fine of not more than $10,000 for each day or part thereof upon which the contravention has continued after the day on which the person was first convicted. All of the provisions of which shall apply, except any term of imprisonment for default of the payment of the fine and costs imposed under this By-law shall not exceed six (6) months. The imposition of the penalty for contravention of this By-law shall not excuse the condition or matter resulting in such contravention or permit it to continue. 2. In addition to any penalty provided by this By-law, any contravention may be restrained by action at the instance of any ratepayer or of the Municipality to the provisions of Section 45 of the Planning Act, R.S.O., 1990, Chapter P13, as amended, in that behalf. Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -3- As Adopted 1.12 Repetition of Offences The conviction of an offender upon a breach of any of the provisions of this By-Law, shall not prevent prosecution against the same offender upon any subsequent breach of the same or any other provision of this By-Law. 1.13 Remedies Where any building or structure is or is proposed to be erected, reconstructed, extended or enlarged, or any building or structure or part thereof is or is proposed to be used, or any land is or is proposed to be used, in contravention of any requirements of this By-law such contravention may be restrained by action at the instance of any ratepayer or of the Municipality pursuant to the provisions of the Planning Act. 1.14 Validity Should any section, or part of a section, of this By-law for any reason be held to be invalid, it is the intention that all the remaining provisions shall remain in full force and effect. Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -4- As Adopted 2.0 Interpretation 2.1 General In their interpretation and application, the provisions of this By-law shall be held to be the minimum requirement adopted for the promotion of the public health, safety, convenience or general welfare. Whenever the requirements of this By-law are at variance with the requirements of any other By-law, the most restrictive, or the By-law imposing the higher standards, shall govern and apply. Nothing in this By-law shall be construed to exempt any person from complying with the requirements of any other By-law of the Municipality or from any law of the Province of Ontario or of Canada. 2.2 Certain Words In this By-law, words used in the present tense include future; and the word "used" includes "arranged, designed or intended to be used"; the word "shall" is mandatory and not discretionary. Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions or events connected by the conjunction "and", "or", or "either-or", the conjunction shall be interpreted as follows: 1. "and" indicates that all connected items, conditions, provisions or events shall apply in any combination; 2. "or" indicates that the connected items, conditions, provisions or events may apply single or in combination; and 3. "either-or" indicates that the connected items, conditions, provisions or events shall apply single but not in combination. 2.3 Interpretation of Similar Permitted Uses Uses other than those hereinafter specifically mentioned as uses in each of the zones, may be permitted therein, provided such uses are similar to those specifically mentioned and are, in the opinion of Council, or a designate of Council, not more obnoxious or detrimental to the welfare of the community, than the permitted uses specifically mentioned in the respective zone. 2.4 Technical Revisions Revisions may be made to this by-law without the need for a zoning by-law amendment in the following cases: 1. correction of grammar, punctuation or typographical errors, or revisions to format in a manner that does not change the intent of a provision; 2. adding or revising technical information on maps or schedules that does not affect the zoning of lands including, but not limited to, matters such as updating and correcting infrastructure information, keys, legends, or title blocks; and 3. changes to appendices, footnotes, headings, indices, marginal notes, tables of contents, illustrations, historical or reference information, page numbering, footers, and headers, which do not form a part of this by-law and are editorially inserted for convenience of reference only. Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -5- As Adopted 2.5 Zones For the purpose of this By-law all land within the boundaries of the Planning Area is hereby divided and established into Zones which are shown on the attached Schedules by the accompanying symbols: Zone Symbol Section Village Area VA 6.0 Shoreline Residential SR 7.0 General Commercial C1 8.0 Tourist Commercial TC 9.0 General Industrial M1 10.0 Agricultural A 11.0 Rural RU 12.0 Open Space Recreation OSR 13.0 Open Space Conservation OSC 14.0 Pit and Quarry Q 15.0 Waste Disposal Site WD 16.0 Airport AP 17.0 2.6 Schedules Schedules B1 to B2 attached hereto, together with notations and references shown thereon, are hereby declared to form part of this By-law. 2.7 Zone Boundaries 1. The extent and boundaries of all zones are shown on Schedules B1 to B2, and for such zones, the provisions of this By-law shall respectively apply. 2. Boundaries between zones shall be determined as follows: a) Where a zone boundary is indicated as following a street or lane or highway, the boundary shall be the centre line of such street or lane or highway, and in the event of the closing of such street or lane or highway, the zone boundary shall be the former centre line of the said street or lane or highway; b) Where a street or lane or highway, railroad or railway right-of-way, electrical transmission line right-of-way or water course is included in the zoning maps, it shall be, unless otherwise indicated, be included in the zone of the adjoining property on either side thereof; c) Where a railroad or railway right-of-way, electrical transmission line right-of-way or water course is included on the zoning map and serves as a boundary between two or more different zones, the line midway on such right-of-way or water course and extending in the general direction of the long division thereof shall be considered the boundary between zones unless specifically indicated otherwise; and d) Where a zone boundary is indicated as following the limits of a geographic township, the limit shall be the zone boundary. Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -6- As Adopted 2.8 Closings In the event a dedicated street or lane shown on Schedules B1 or B2 of this By-law is closed, the property formerly in such street or lane shall be included within the zone of the adjoining property on either side of such closed street, or lane. If a closed street or lane is the boundary between two or more different zones, the new zone boundaries shall be the former centre line of the closed street or lane. 2.9 Zoning Symbols 1. The symbols listed in Section 2.5 may be used to refer to any of the uses of land, buildings or structures permitted by this By-law (including the zoning schedules) in the said zones, and the intent of the By-law is that the associated zone regulations apply. a) Special Exception Zones Where a zone symbol is followed by a dash and a number (for example "M1-1"), the lands so designated shall be subject to all of the provisions of the zone represented by such symbol, except as otherwise provided by the special exception provisions. These special provisions are listed separately under the appropriate special exception section of the parent zone (e.g. M1) in the text of this By-law. b) Holding Zones Any zone classification may be placed in a Holding Zone by adding to the zone symbol the letter "h". No development is permitted on lands where the "h" symbol appears until the applicable conditions have been met and the "h" is lifted by an amendment to this By-law under Section 36 of the Planning Act. c) Temporary Use By-laws Temporary use By-laws may have been passed by the Municipality to allow temporary uses pursuant to Section 39 of the Planning Act. Temporary uses are shown on the schedules as special exceptions and details concerning the temporary use are included in the special exception text within the specific zone category. Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -7- As Adopted 3.0 Definitions In this By-law, unless the context otherwise requires: ACCESSORY BUILDING shall mean a detached building located on the same lot as the main building, the use of which is incidental or secondary to that of the main building, and may include a guest cabin, private garage, boathouse, tool shed, storage building, or other similar uses. ACCESSORY USE shall mean a use that is normally incidental, subordinate and exclusively devoted to a principal use located on the same lot therewith. ADULT ENTERTAINMENT BUSINESS shall mean any premises or part thereof including a retail store, entertainment parlour, or other business in which the principal trade provided, in pursuance of a trade, calling, business, occupation, goods, or services appeals to or is designed to appeal to erotic or sexual appetites or inclinations. AGRICULTURAL USE shall mean the use of land, buildings or structures for: 1. The growing of crops, including cannabis in accordance with federal and provincial regulations and licences, including all related activities such as soil preparation, manure or fertilizer spreading, planting, spraying, irrigating, harvesting, and also including the storage and sale of crops; 2. The raising, boarding, keeping and sale of all forms of livestock, except domestic pets, including all related activities such as breeding, training, feeding, and grazing, and including the raising of fish, and poultry; 3. The production of animal and plant products such as milk, eggs, wool, fur, honey, maple sugar bush, or woodlots including related activities such as the collection, storage, and sale of the products; 4. A commercial greenhouse or nursery garden, including storage and sale of the products; and/or 5. The use and storage of all forms of equipment or machinery needed to accomplish the foregoing activities. AGRICULTURE RELATED USE shall mean a farm-related commercial or farm-related industrial use that is directly related to farm operations in the area, supports agriculture, benefits from being in close proximity to farm operations, and provides direct products and/or services to farm operations as a primary activity. AIRFIELD shall mean land used for the purpose of the landing, storing, taxiing and taking-off of private aircraft as the primary function to a residential use, but not an airport under the regulation of the Ministry of Transport. AIRPORT shall mean any land, lot of buildings used for the purpose of landing, sorting, taxiing, and taking-off of private or commercial aircraft, pursuant o the regulations of the Ministry of Transport. AIR TREATMENT CONTROL shall mean the functional use of an industrial grade multi-stage carbon filtration system, or similar technology, to reduce and/or treat the emission of pollen, dust Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -8- As Adopted and odours expelled from a facility and sized accordingly in comparison to the facility it serves as designed by a qualified person(s). ALTER shall mean any alteration in a bearing wall or partition, column, beam, girder or other supporting member of a building or structure or any alteration in the area or volume of a building or structure. ANIMAL HOSPITAL shall mean the premises of a veterinary surgeon where animals, birds or other livestock are treated or kept. AUTOMOBILE SERVICE STATION shall mean a building or premise where petroleum products and new supplies, parts and accessories are kept for sale to service motor vehicles, snowmobiles, farm implements and machinery, and is also used for automobile washing, automobile repairs, the storing, sale or offering for sale at retail of any automotive fuels, lubricants and automobile accessories. BASEMENT shall mean that portion of a building which is partly underground but which has more than one-half of its height, from finished floor to underside of floor joists of the next above storey, above the adjacent average finished grade level adjacent to the exterior walls of the building and in which the height from finished grade to underside of the floor joists of the next above storey is less than one and eight-tenths (1.8) metres. BASEMENT, WALKOUT shall mean that portion of a building which is partly underground, but which has more than fifty per cent (50%) of the floor area not greater than one-half (0.5) metres below grade, and which has an entrance and exit at ground level. This definition shall only apply in an area where the natural terrain permits construction of a walkout basement. BED AND BREAKFAST ESTABLISHMENT shall mean a dwelling unit or portion thereof, in which the proprietor resides and supplies for hire or gain to other persons, particularly tourists, on a temporary or day to day basis, lodging with or without meals, and shall provide for no more than four (4) guest rooms used or maintained for the accommodation of the public and shall be clearly secondary to the use of the dwelling unit as a private residence. A Bed and Breakfast Establishment shall not include a boarding house, hotel, motel, or tourist establishment. BOATHOUSE means a building or structure or part thereof located on land or water and not more than one storey in height, used for the storage of private boats and equipment accessory to their use and accessory to a residential use, part of may not include sleeping accommodations. BREWERY/DISTILLERY shall mean a building or structure thereof that is used for the self- contained manufacturing, production, storage, bottling, canning and shipping of beer or alcohol, authorized by a licence issued by the Alcohol and Gaming Commission of Ontario, and can be associated with a restaurant. Self-contained means that the emission of odour fumes, noise, cinder, vibration, heat, glare or electrical interference is not possible. MICROBREWERY/DISTILLERY OPERATION shall mean a facility at which manufacturing of handcrafted ales and lagers beer or alcohols from raw materials are produced on the premises with a commercial and certified brewing system. Operations will further include the cold storage of products manufactured on site, and retail and distribution sales of those products. The facility may include a hospitality and tasting area, Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -9- As Adopted but shall not include a restaurant, an eating establishment, tavern, bar, night club, or takeout food service. BUILDING shall mean any structure, whether temporary or permanent, used or built for the shelter, accommodation or enclosure of persons, animals, materials or equipment, other than a fence or wall. BUILDING LINE shall mean a line lying in the interior of a lot drawn parallel to a lot line for the purpose of establishing the minimum distance that must exist between a building or structure erected upon the land and a lot line. BUILDING, MAIN shall mean that building the nature of the use of which is determined by the Zone of the lot upon which it is authorized to be constructed or upon which it is constructed. BUILDING SETBACK shall mean the least horizontal distance permitted between a lot line of a lot and the nearest portions of any building envelope on such lot. BUILDING INSPECTOR shall mean the officer or employee of the Municipality from time to time charged by the Corporation with the duty of administrating the provisions of the Building By-law. BUSINESS OR PROFESSIONAL OFFICE shall mean an office in which business is carried on or any profession is practiced. CAMPGROUND shall mean any parcel of land used or maintained for campers who provide their own sleeping facilities such as tents or travel trailers but such campers are provided with sanitary and cooking facilities by the campground management. CANNABIS PROCESSING FACILITY shall mean a building or structure or part thereof equipped with Air Treatment Control that is used for growing, producing, processing, testing, destroying, packaging and/or shipping cannabis authorized by a federal license or registration. CARPORT shall mean a sheltered or covered parking area of which is partially enclosed with a roof but open on at least one end. CARWASH shall mean a building, or part thereof, which is used, or designed to be used, for the washing of motor vehicles by mechanical means or by hand labour methods. CEMETERY shall mean land that is reserved or used for interring the dead or placing or burying the remains, or ashes of human bodies, but does not include a funeral home. A cemetery may include a structure for the cremation of human remains and may include the facilities for storing ashes of human remains that have been cremated or the interment of the dead in sealed crypts or compartments. Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -10- As Adopted CHILD CARE CENTRE shall mean a place designed and operated for the purpose of temporary care and custody of children and which falls under the jurisdiction of the Child Care and Early Years Act, 2014, and its successors. CLINIC shall mean a public or private building used for medical, surgical, dental, physiotherapeutic, chiropractic or other human health treatment by one or more practitioners, the building may include administrative offices, waiting rooms, and laboratories. CLUB shall mean a building or part of a building used as a meeting place for members of an organization and includes a lodge, fraternity, a sorority house and a labour union hall. COMMERCIAL shall mean the use of land, building or structure for the purpose of buying and selling commodities and supplying of services as distinguished from such uses as manufacturing or assembling of goods, warehousing, transportation terminals, construction and other similar uses. COMMERCIAL FISHING OPERATION shall mean a building or buildings offered for rent to tourists on a short-term basis when they want to stay and catch fish and the owner or proprietor lives on site. COMMERCIAL PARKING FACILITY shall mean an area of land, other than a street or a lane, used for the parking of motor vehicles and available for public or private use in which there may be compensation for such use, and for the purpose of this By-law, a commercial parking facility shall constitute the only use of a lot. COMMERCIAL VEHICLE shall mean a motor vehicle having attached thereto, a truck or delivery body, and includes, but is not limited to, any vehicle on which is displayed commercial lettering or commercial license plates, ambulances, fire apparatus, hearses, casket wagons, mobile food outlets, buses, cube vans, tilt and load trucks, dump trucks, tow trucks, buses, tractors used for hauling purposes on the highways and construction equipment which is self-propelled or designed to be towed. COMMUNITY CENTRE shall mean 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, and the control of which is vested in the Corporation, a local board or agent thereof except that in the case of a Community Centre located within a Mobile Home Park, the control of such use may be vested in the owners of the Mobile Home Park. COMMUNICATIONS FACILITY shall mean an installation which transmits, receives and/or relays communications such as a microwave relay tower, telephone or telegraph line, cellular telephone tower, radio or television broadcast tower, or similar facility. COMPOSTING FACILITY shall mean an open windrow waste processing facility in which leaf and yard waste is processed into compost through an aerobic biological process, conducted under controlled, engineered conditions designed to produce stabilized humus. Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -11- As Adopted CONCRETE PLANT shall mean a structure that combines various ingredients to form concrete. A concrete plant shall include a ready-mix plant and central mix plant. CONSERVATION USE shall mean the preservation and protection of the components of the natural environment through management and maintenance for both the individual and society's use, both in the present and in the future. CONSTRUCTION shall mean to do anything in the erection, installation or extension or material alteration or repair of a building or sign and includes the installation of a building unit or sign fabricated or moved from elsewhere. CORNER VISIBILITY TRIANGLE shall mean a triangular area free of buildings or structures, which is formed within a corner lot by the intersecting street lines or the projections thereof and a straight line connecting them within a distance from their point of intersection. CORPORATION shall mean the Municipality of Gordon/Barrie Island. CONFECTIONARY AND VARIETY SHOP shall mean a retail store supplying groceries and other daily household necessities to the immediate surrounding area. CONTRACTORS ESTABLISHMENT shall mean the business of a contractor or a construction company used for the storage and maintenance of equipment used by the contractor or company, and includes facilities for the administration or management of the business and the stockpiling or storage of supplies used in the business, but does not include the wholesale or retail sale of building supplies or home improvement supplies. COUNCIL shall mean the Council of the Corporation of the Municipality of Gordon/Barrie Island. DECK shall mean a structure with no roof or walls, except guards, which is constructed on piers, a foundation or cantilevered above grade, attached or accessory to a dwelling unit. DEVELOPMENT shall mean the construction, erection or placing of one or more buildings or structures on land in the making of an addition or alteration to a building or structure that has the effect of substantially increasing the size or usability thereof, or the laying out and establishment of a commercial parking lot. DRY INDUSTRY shall mean an industry which by nature of its operation, process, or fabrication of raw materials or service rendered does not require a water supply other than that available from within the limits of the lot upon which the use is located, does not discharge effluent from the limits of the lot upon which the use is located or discharge effluent from the limits of said lot and from which the only sewage effluent to be dispersed of within the limits of the said lot will be that produced from normal sanitary and eating facilities required for the employees. DWELLING shall mean a building, occupied or capable of being occupied as a home, residence or sleeping place by one or more persons, and containing one of more dwelling units. Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -12- As Adopted UNIT, ADDITIONAL RESIDENTIAL shall mean a separate dwelling unit which is either located in a single detached dwelling, semi-detached dwelling, rowhouse or an accessory building or structure. DWELLING, APARTMENT shall mean a building consisting of five (5) or more dwelling units, which units have a common entrance from the street level and the occupants of which have the right to use in common halls and/or stairs and/or elevators and yards. HOUSE, BOARDING shall mean any house or building in which the proprietor resides and occupies floor space for the purposes of the boarding house as his residence, and supplies for hire or gain to other persons, lodging with or without meals in rooms furnished by the proprietor with necessary furnishings and includes a rooming house, but does not include a hotel or apartment house. DWELLING, CONDOMINIUM TOWNHOUSE shall mean a townhouse dwelling unit, as defined in this By-Law, constructed and maintained under the provisions of the Condominium Act. DWELLING, CONVERTED shall mean a single family detached dwelling altered to contain two or more self contained dwelling units. DWELLING, DUPLEX shall mean a building of two (2) or more storeys that is divided horizontally into two dwelling units each of which has an independent entrance either directly or through a common vestibule. DWELLING, MULTIPLE shall mean a building designed and intended to contain three of more dwelling units independent of each other but shall exclude an apartment dwelling or townhouse dwelling. DWELLING, SEASONAL shall mean a dwelling constructed as a secondary place of residence for seasonal vacations and recreational purposes and not as a principal place of residence of the owner or occupant thereof. DWELLING, SEMI-DETACHED shall mean a building that is divided vertically into two dwelling units each of which has an independent entrance either directly or through a common vestibule. DWELLING, SINGLE DETACHED shall mean a completely detached dwelling unit. DWELLING, ROW shall mean a building that is divided vertically into three (3) or more dwelling units, each of which has independent entrances, to a front and rear yard immediately abutting the front and rear walls of each dwelling unit. DWELLING UNIT shall mean one room or a group of rooms in a building used or designed or intended to be used only as a single, independent and separate housekeeping establishment and, Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -13- As Adopted 1. in which food preparation and sanitary facilities are provided for the exclusive use of the residents of the dwelling unit, and 2. which has a private entrance from outside the building or from a common hallway or stairway inside the building, but 3. does not mean or include a tent, or a room or suite of rooms in a boarding or rooming house, in a hotel, motel, motor hotel, tourist establishment, bed and breakfast establishment or a guest cabin. GARDEN SUITE shall mean a temporary, one-unit, self-contained, and portable detached residential structure that is clearly ancillary to and on the same lot as a single or semi-detached dwelling, and excludes a trailer as defined herein. MOBILE HOME shall mean any dwelling that is designed to be made mobile, and constructed or manufactured to provide a permanent residence compliant with all applicable standards of the Canadian Standards Association for mobile homes, but does not include a travel trailer or tent trailer or trailer otherwise designed. MODULAR HOME shall mean a single detached dwelling which has been manufactured in a factory remote from the site where it is intended to be used and transported to the site for installation on a prepared foundation and which unit complies with all applicable standards of the Canadian Standards Association, and for the purpose of this By-Law shall be considered as a single detached dwelling. EATING ESTABLISHMENT shall mean a building or part of a building where food is offered for sale or sold to the public for immediate consumption therein and includes a restaurant, cafe, tea or lunch room, dairy bar, coffee shop or refreshment room or stand but does not include a boarding or lodging house, or a bed and breakfast establishment. EDUCATIONAL INSTITUTION shall mean the use of land, building or structures for an elementary or secondary school, private school, university or community college authorized by the Province of Ontario. EMERGENCY VEHICLE DISPATCH CENTRE shall mean a building or place used for the storage, cleaning, incidental maintenance and dispatch of police, fire and ambulance vehicles and employees. ERECT shall mean setting up, building, constructing, reconstructing and relocating and without limited the generality of the word, also includes: 1. Altering any existing building or structure by an addition, enlargement, extension, relocation or other structural change; 2. Erect, erected and erection shall have a corresponding meaning. ESTABLISHED GARAGE shall mean with reference to a building, the average elevation of the finished surface of the ground where it meets the exterior of the front of such building and when used with reference to a structure shall mean the average elevation of the finished grade of the ground immediately surrounding such structures, exclusive in both cases of any artificial Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -14- As Adopted embankment or entrenchment and when used with reference to a street, road or highway means the elevation of the street, road or highway established by the Corporation or other designated authority. EXISTING shall mean existing as of the date of the final passing of this By-law. FARM IMPLEMENT DEALER OR DEALERSHIP shall mean a building or place used for the storage and sale of farm-related equipment and farm-related vehicles but shall not be used for the repair of such equipment. FENCE shall mean a structure which forms a barrier for enclosing, bounding, delineating or protecting land. If the elevation of the land impacts the height of the fence from one side to the other, than the average fence height taken from the base to the top of the fence on either side of the fence will be used as the fence height. FINANCIAL ESTABLISHMENT shall mean a building, or part thereof, which is used to provide for financial services in which money is deposited, kept, lent, or exchanged, including accessory clerical functions and shall include a bank, trust company, credit union or other similar banking service. FINISHED GRADE shall mean the elevations of the finished surface of the ground adjacent the ground level of the wall of a building or structure. FLOOD PLAIN shall mean the horizontal area below the high water mark of a watercourse (including a drainage canal) or lake or as defined by the Ministry of Northern Development Mines Natural Resources and Forestry, or its successor. FLOOR AREA shall mean the aggregate of the floor areas of all the storeys of a building including the floor area of any basement but not of any cellar, and which floor areas are measured between the exterior faces of the exterior walls of the building at each floor level but excluding car parking Figure 1 Fence Height Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -15- As Adopted areas within the building and for the purposes of this clause, the walls of an inner court shall be deemed to be exterior walls. FLOOR AREA, DWELLING shall mean the total habitable floor area within a building which area is measured between the exterior faces of the exterior walls or from the centre line of a common or party wall, but excluding any private garage, breezeway, porch or verandah, balcony, or unfinished sun room, attic, basement, or cellar, except where such areas are considered as habitable space. FLOOR AREA, GROUND shall mean the area of the lowest storey of a building or structure, excluding any basement or cellar, which area is measured between the exterior faces of the exterior walls of the floor level of the side storey. This definition also excludes car parking areas within the building, and for the purpose of this paragraph the walls of an inner court shall be deemed to be exterior walls. FLOOR AREA, RETAIL shall mean the gross floor area of a commercial building devoted to retail purposes. FORESTRY shall mean the general raising and harvesting of wood, and without limiting the generality of the foregoing, shall include logging, the raising and cutting of fuel wood, pulp wood, Christmas trees, and other forest products; but does not include the processing of raw material into wood products or by-products FUNERAL HOME shall mean a building, or part thereof, designed for the purpose of furnishing funeral supplies and services to the public and includes facilities intended for the preparation of the dead human body for interment or cremation. GARAGE, PRIVATE shall mean an accessory building or portion of a building which is designed or used for the sheltering of private motor vehicles and the storage of household equipment incidental to residential occupancy and in which there are no facilities for repairing or servicing of such vehicles for remuneration or commercial use. GARDEN CENTRE shall mean retail store comprised of an outdoor or indoor area used primarily for the display and retail sale of plants, gardening and landscaping supplies and equipment. GASOLINE BAR shall mean one or more pump islands, each consisting of one or more gasoline pumps, and shelter having a floor area of not more than 10 square metres, excluding washrooms, which shall not be used for the sale of any product other than liquids and small accessories required for the operation of motor vehicles and shall not be used for repairs, oil changes, or greasing. GOLF COURSE shall mean a public or private area operated for the purpose of playing golf and includes a par 3 or larger golf course but does not include driving ranges, miniature golf courses and similar uses. GREENHOUSE, COMMERCIAL shall mean a building for the growing of flowers, fruits, vegetables, plants, shrubs, trees and similar vegetation which are not necessarily transplanted outdoors on the same lot containing such greenhouse, but are sold directly from such lot at wholesale or retail. Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -16- As Adopted GROUP HOME shall mean residential accommodation in which up to ten persons (excluding supervisory staff) live under responsible supervision consistent with the particular requirements of its residents which includes support functions for daily living. GUEST CABIN means a building, without cooking facilities, that is accessory to a dwelling and used only for purposes of sleeping accommodation. GUEST ROOM shall mean a room or suite of rooms used or maintained for the accommodation of the public and which contains no provisions for cooking. HAZARD LANDS shall mean any land having inherent environmental hazards, such as poor drainage, organic soils, floor susceptibility, erosion, steep slopes or any other natural or manmade physical conditions which effectively create unsuitable or adverse conditions for construction or development, or conditions unsafe to the public. HEIGHT with reference to a building, height means the vertical distance between the established grade and: 1. The highest point of the roof surface or the parapet, whichever is greater of the flat roof; 2. The deck roof line or decline of a mansard roof; or 3. The main level between eaves and ridges of a gabled, hip, gambrel, or other type of pitched roof. HIGH WATER MARK shall mean the normal original water mark of any body of water as measured by an Ontario Land Surveyor unless such high water mark has been altered by the construction of a public dam or dams, in which case the measurement shall be from the high water mark as controlled by such dam or dams. HOBBY FARM shall mean a parcel of land which includes the principal residence and barns, sheds, pens, and similar accessory buildings which are used for the sole purpose of the persons residing at the residence and are not for commercial agricultural purposes. HOME INDUSTRY shall mean the gainful occupation conducted in whole or in part of the dwelling or in whole or part of an accessory building by the residents and includes uses such as an animal hospital, or an electrical, woodworking, welding, plumbing, or sheet metal machine. HOME OCCUPATION shall mean occupation for gain or profit as an accessory use to a dwelling unit by one or more of the residents residing therein and may include may include a service or repair shop, a personal service shop, the office of a doctor, dentist, lawyer, or a real estate agent, insurance agent, planner, architect, or engineer, or similar occupation, but a clinic, a hospital, a nursing home, a tea room and an animal hospital shall not be deemed to be home occupations. HOSPITAL shall mean any institution, building or other premises established for the treatment of persons afflicted with or suffering from sickness, disease or injury, for the treatment of convalescent or chronically ill persons that is approved under the Public Hospitals Act as a public hospital. Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -17- As Adopted HOTEL/MOTEL/HOSTEL shall mean a building or part of a building or a group of buildings used primarily for the purpose of providing overnight guest room accommodation to the travelling public, with or without accessory restaurants, dining rooms or refreshment rooms, and includes any establishment containing guest rooms which is defined as a hotel or motel in the Hotel Registration of Guests Act, R.S.O. 1990, Chapter H.17. HUNT CAMP shall mean a buildings are used for sleeping accommodation, the preparation and serving of food, and intended for use as a base camp for hunting. The hunt camp is to be used on a temporary or seasonal basis and is not a commercial facility. INDUSTRIAL USE shall mean the use of land, buildings, or structure for the manufacturing, processing, fabricating or assembly of raw materials or goods, warehousing or bulk storage of goods and related accessory uses, and shall include a cannabis processing facility. INDUSTRIAL USE, LIGHT shall mean an industrial use engaged in, or used for: 1. Producing apparel and finished textile products, other than the production of synthetic fibers; 2. Warehousing or storing of goods or materials indoors; 3. Printing, duplicating or bookbinding; 4. Manufacturing finished paper and allied products other than processing wood pulp; 5. Producing cosmetics, drugs and other pharmaceuticals supplies; 6. Manufacturing finished lumber products, light metal products, light machinery, computer software, electronic products, finished plastic-ware, porcelain, earthenware, glassware or similar articles including, without limiting the generality of the foregoing, furniture, housewares, monument, toys, musical instruments, jewelry, watches, precision instruments, filters, radios and electronic components, but does not include a tannery or any industrial use accessory to an extractive use; or 7. Research laboratories. KENNEL shall mean a building or structure where animals used as domestic household pets are bred, raised, kept or boarded and the operation is registered by the Canadian Kennel Club. LANDFILL SITE shall mean any land approved by the Province upon, into or in which waste may be deposited or processed. LANDSCAPING shall mean: 1. any combination of trees, shrubs, flowers, grass or other horticultural elements, together with decorative stonework, paving, screening or other architectural elements, all of which are designed to enhance the visual amenity of a property and/or to provide a screen to mitigate any objectionable adjacent land use; and 2. does not include parking areas, patios, walkways, driveways or ramps. LANE shall mean a public thoroughfare which affords only a secondary means of access to abutting lots and which is not intended for general traffic circulation. Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -18- As Adopted LAUNDROMAT shall mean a building or structure where the services of coin-operated laundry machines, using only water, detergents and additives that are made available to the public for the purpose of laundry cleaning. LIQUOR OR BEER OUTLET shall mean a retail store regulated by the Provincial Government where liquor and/or beer are sold. LOADING SPACE shall mean an unencumbered area of land which is provided and maintained upon the same lot or lots upon which the principal use is located and which area: 1. is provided for the temporary parking of one commercial motor vehicle while merchandise or materials are being loaded or unloaded from such vehicle, and such parking shall not be for the purpose of sale or display; 2. is suitable for the temporary parking of one commercial motor vehicle; 3. is not upon or partly upon any street or lane; and 4. has adequate access to permit ingress and egress of a commercial motor vehicle from a street by means of driveways, aisles, maneuvering areas or similar areas, no part of which shall be used for the temporary parking or storage of one or more motor vehicles. LONG TERM CARE HOME shall mean "long term care home" as defined in the Long-Term Care Homes Act, 2007, and its successors. LOT shall mean a parcel of land, whether such parcel is described in a registered deed or is shown on a registered plan of subdivision including any of its parts which are subject to right-of- way or easement that is capable of being legally conveyed. LOT AREA shall mean the total horizontal area within the lot lines of a lot. LOT, CORNER shall mean a lot situated at the intersection of and abutting on two (2) or more streets provided that the angle of intersection of such streets is not more than 135 degrees. LOT COVERAGE shall mean the percentage of lot area covered by the ground floor area of all buildings situated on the lot. LOT DEPTH shall mean the horizontal distance between the front and rear lot lines. Where these lot lines are not parallel, the lot depth shall be the length of a line joining the midpoints of the front and rear lot lines. LOT FRONTAGE shall mean the horizontal distance between the side lot lines measured at right angles. Where the front lot line is not a straight line, or where the side lot lines are not parallel, the lot frontage shall be measured by a line seven and one-half (7.5) m back from and parallel to the chord of the lot frontage. For the purpose of this By-law the chord of the lot frontage is a straight line joining the two points where the side lot lines intersect the front lot lines. LOT, INTERIOR shall mean a lot situated between adjacent lots and having access to one street. Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -19- As Adopted LOT LINE shall mean any boundary of a lot. LOT LINE, EXTERIOR SIDE shall mean a lot line which abuts the street on a corner lot. LOT LINE, FRONT shall mean the lot line that divides the lot from the street, but: 1. 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 lot line, and in the case of both streets being under the same jurisdiction, or of the same width, the Municipality may designate either street line as the front lot line; 2. In the case of a corner lot abutting a 0.3 metre reserve the lot so abutting the 0.3 metre reserve shall be deemed an exterior side lot line and the other line abutting the street shall be deemed the front lot line; 3. in the case of a through lot the longer boundary dividing the lot from the street shall be deemed to be the front lot line and the opposite shorter boundary shall be deemed to be the rear lot line. In case each of such lot lines should be of equal length the Municipality may designate either street line as the front lot line; 4. in the case of a lot with frontage on a navigable stream, river or lake, or marine road allowance the front lot line shall be either the line of the established high water mark of such stream, river or lake, or the line of the inner limit of the original marine road allowance along the shore of such stream, river or lake. LOT LINE, REAR shall mean the lot line opposite the front lot line. LOT LINE, INTERIOR SIDE shall mean the lot line other than an exterior side, front, or rear lot line. LOT, THROUGH shall mean a lot bounded on two opposite sides by streets, provided however, that if any lot qualifies as being both a "lot, corner" and a "lot, through" as hereinbefore defined, such lot shall be deemed a "lot, corner" for the purpose of this By-law. MANUFACTURING shall mean an establishment primarily engaged in the fabricating, processing, finishing, refinishing, assembly, or similar production of various articles and commodities, and includes custom workshops, factories, mills, industrial shops, and similar production facilities. This definition shall include cannabis processing facilities. MARINA shall mean a commercial establishment where a boathouse, boat storage, boat repair facilities, boat rental, pier, dock or jetty facilities or any combination of the foregoing are available for all types of marine - pleasure craft and may include a gasoline pump for the fuelling of marine craft and a building or structure for the sale of marine craft, accessories and/or refreshments MARINE ROAD ALLOWANCE shall mean an allowance around a waterbody laid out as part of an original Township survey. Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -20- As Adopted MOTOR VEHICLE SALES AREA shall mean a place comprised of land or a building or both, the purpose of which is for the display or sale, or both, of new and/or used motor vehicles; but does not include an automobile wrecking or salvage yard or scrap yard. MUNICIPALITY shall mean the Corporation of the Municipality of Gordon/Barrie Island NON-COMPLYING shall mean an existing lot or building or buildings which does not comply with one or more of the zone provisions or standards for the zone within which said lot or buildings are located. NON-CONFORMING shall mean a use that is not permitted in the zone in which it is located. NURSING HOME shall mean a building in which the proprietor supplies for hire or gain, lodging with or without meals and, in addition provides nursing, medical, or similar care and treatment, if required and includes a rest home or convalescent home, and any other establishment required to operate under the appropriate statute and includes a long term care facility. OBNOXIOUS USE shall mean an offensive use or trade within the meaning of The Public Health Act or any use which is a nuisance by reason or emission, or the creation of odours, gases, dirt, smoke, noise, vibration, fumes, cinders, soot, waste, or the depositing or leaving of unsightly objects or chattels on land. OPEN SPACE shall mean an unoccupied space open to the sky except such land as is used or required for parking purposes by this By-law, and may include any facility park or recreation area, owned, operated or maintained in whole or in part by any public authority for public use, and shall include neighbourhood, community, regional and special parks or areas. OUTDOOR DISPLAY shall mean the merchandise or goods exhibited or advertised for immediate sale and which is located on the lot exterior to a building. OPEN STORAGE means the storage of goods, merchandise, or equipment outside of a building or structure on a lot or portion thereof, including such uses as automobile and trailer sales lots, building materials supply yards but does not include the outdoor display of a limited number of samples of the goods, merchandise or equipment for the purpose of sales and advertisement, or the storage of vehicles or equipment for sale or repair. This definition shall not include the open storage of goods or equipment incidental to the residential occupancy of a lot. PARK shall mean an area of land designed for the purposes of passive or active leisure activities and may include thereon one or more athletic fields, field houses, bleachers, swimming pools, wading pools, skateboarding areas, bandstands, outdoor skating rinks, or refreshment rooms. PARKING AREA shall mean an area of land which is provided and maintained upon the same lot or lots upon which the principal use is located and which area: Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -21- As Adopted 1. comprises all parking spaces of at least the minimum number required according to the provisions of this By-law, and all driveways, aisles, maneuvering areas, entrances, exits, and similar areas used for the purpose of gaining access to and egress from the said parking spaces; and 2. is provided and maintained in accordance with all applicable provisions of this By-law. PARKING LOT shall mean a parking area forming the main use of a lot. PARKING SPACE shall mean an area of land which is provided for the temporary parking or storage of one motor vehicle for other than the purpose of sale or display, and may include a private garage. PERSONAL SERVICE SHOP shall mean a building or part of a building in which persons are employed in furnishing services and otherwise administering to the individual and personal needs of persons, such as a barber's shop, a hairdressing establishment, a shoe-shine shop and other similar services. PIT shall mean an opening or excavation or working of the ground for the purpose of searching for or removal of mineral, soil, rock, quartz, limestone, earth, clay, sand or gravel, and any roast- yard, smelting furnace, mill, work or place, used in connection with crushing, reducing, smelting, refining, or treating any of the substances listed in this definition and all ways, works, plant, building and premises either below or above the ground and belonging to or used in connection with all activities listed in this definition, and also includes a quarry. PLACE OF ENTERTAINMENT means a motion picture or other theatre, arena, auditorium, public hall, billiard or pool room, bowling alley, ice or roller skating rink, dance hall, music hall, bingo halls, amusement arcades, but does not include any place of assembly otherwise defined or classified herein. PLACE OF ASSEMBLY shall mean a building or part thereof in which facilities are provided for such purposes as meeting for civic, theatrical, musical, political, religious or social purposes and shall include, without limiting the generality of the foregoing, an auditorium, banquet hall, concert hall, gymnasium, opera house, playhouse or other similar uses. PLACES OF WORSHIP shall mean a building dedicated to religious worship and may include such accessory uses as a nursery school, an assembly hall, a school of religious education, covenant, monastery or parish hall. PLANT, ASPHALT OR CONCRETE shall mean an industrial facility used for the production of asphalt or concrete, or asphalt or concrete products, used in building or construction, and includes the stockpiling of bulk materials used in the production process or of finished products manufactured on the premises and the storage and maintenance of required equipment. Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -22- As Adopted PORTABLE ASPHALT PLANT shall mean a facility with equipment designed to heat and dry aggregate and to mix aggregate with bituminous asphalt to produce asphalt paving material and includes stockpiling and storage of bulk materials used in the process. Such facility is not of permanent construction and is designated to be dismantled and moved to another location as required. PORTABLE SHELTER shall mean a prefabricated structure usually constructed with metal, wood, or plastic frame and covered with a tarpaulin or other similar type of fabric or plastic cover, used primarily for the storage of a vehicle and other items. PORTABLE STORAGE CONTAINER shall mean a reusable enclosed metal structure manufactured to be utilized in the transporting, shipping, and storing of goods and having the original intended benefit to be transferred from one mode of transport to another without the requirement of being unloaded. This shall include intermodal shipping containers, sea containers, storage containers, transport truck trailers, and straight truck trailer boxes, but does not include any vehicle defined herein. This shall also include those containers where the original doors and/or door closures have been removed, leaving the container not fully enclosed. PRINCIPAL USE shall mean the primary purpose for which a lot, building or structure is used or intended to be used. PRIVATE HOME DAYCARE shall mean a facility for the temporary care of children for a continuous period not exceeding twenty-four (24) hours for compensation located in a private residence as a household occupation. PRIVATE ROAD shall mean a private right-of-way over private property that affords access to abutting lots and is not maintained by a public body. PUBLIC ACCESS POINT means public land designated by the Crown and developed and maintained as a public access to a water body. PUBLIC AUTHORITY shall mean the Council, a municipal corporation, or any School Board, or other board or commission or committee of the Municipality established or exercising any power or authority under any general or special statutes of Ontario with respect to any of the affairs or purposes of the Municipality or a portion thereof, and includes any committee or local authority established by By-law of the Municipality. PUBLIC BUILDING shall mean any building or structure owned or leased by a municipal corporation, the Planning Board, the Province of Ontario or the Government of Canada and in which government activities are carried out. PUBLIC USE shall mean a lot, building or structure that is broadly used for public benefit. Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -23- As Adopted PUBLIC UTILITY shall mean a waterworks, a water supply system, sewage works, electrical power or energy generating transmission or distribution system, street lighting system, natural or artificial gas works or supply system, a transportation system or a telephone system, and includes any lands, buildings or equipment required for the administration or operation of any such system. QUARRY shall mean a place where consolidated rock has been or is being removed by means of an open excavation to supply material for construction, industrial or manufacturing purposes, but does not include a wayside quarry or open pit metal mine. RECREATIONAL FACILITY shall mean the use of lands, buildings or structures designed and equipped for the conduct of athletic and recreational pursuits that have a similar requirement of, or characteristic of the principal institutional use that is offered public. RECREATIONAL VEHICLE means any vehicle so constructed that it is no wider than 2.5m and 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 recreational basis for living, sleeping, or eating accommodation of persons. The term "recreational vehicles" includes the following: motor homes, travel trailers, tent trailers, campers. RECREATIONAL VEHICLE SALES AND SERVICE ESTABLISHMENT shall mean a place comprised of land or a building or both, the purpose of which is for the display or sale, or both, of new and/or used recreational vehicles, in conjunction with which there may be facilities for the servicing of such vehicles. RECYCLING CENTRE shall mean a building or an area where used material is separated prior to shipment to others who will use those materials to manufacture new products. RENEWABLE ENERGY GENERATING FACILITY shall mean a system that generates electricity from a renewable energy source, inclusive of a dam, powerhouse, solar power collectors or installations, transmission lines, and all associated lands, improvements and infrastructure required for its operation, for the generation and transmission of electricity therefrom. RENOVATION shall mean the repair and restoration of a building to good condition, but shall not include its replacement. REPAIR OR SERVICE SHOP shall mean a building or part of a building not otherwise classified or defined in this By-law and whether conducted in conjunction with a retail establishment or not, for the servicing, repairing or renting, of articles, goods, materials, but does not include the manufacture or assembly of articles, goods or materials, bicycles, wheel chairs, orthopaedic and prosthetic appliances and articles for fabric mending, window glazing, metal replanting, painting and refinishing furniture and other household goods and includes a key shop, hat cleaner's shop, a custom picture framing shop, the business of renting small tools and appliances, costumes, chairs, tables, musical instruments and public address systems and other like articles and equipment, but shall not include the renting of automobiles, trucks, construction equipment or other similar articles. Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -24- As Adopted RESTAURANT shall mean an establishment which is primarily engaged in the preparation and sale of food and beverages which may be consumed on its premises by the public at tables inside or outside the building, and may or may not be licensed for the sale of alcoholic beverages. For this purpose of this definition, a drive-in restaurant are not considered a restaurant. RESTAURANT CART means a building or trailer, or vehicle that may be mobile or stationary, used on a seasonal basis for the preparation and cooking of a limited selection of meals and the sale of such food and refreshments to the public for consumption on a patio, outdoor seating area, or for consumption off the premises. RESTAURANT, DRIVE-IN shall mean premises consisting of a building or structure, together with a parking lot, from which food, refreshments, dairy products or beverages are offered for sale or sold to the public for consumption either in automobiles parked on the parking lot or for consumption elsewhere on the premises, but not necessarily within such building or structure, and does not include a building or structure where food, refreshments, dairy products or beverages are offered for sale or sold to the public only for consumption within the building or structure or off the premises. RESTAURANT, TAKE-OUT means an establishment in which meals are sold to the public, but no place for consumption of the food is provided. RETAIL STORE shall mean a building or part thereof in which goods, wares, merchandise, substances, articles or things are offered or kept for sale directly to the public at retail value. This includes a gift shop and cannabis retail store, but excludes an adult entertainment business. RIGHT-OF-WAY shall mean an area of land that is legally described in a registered deed for the provision of private access to abutting lots and does not include a public road, street or highway. ROAD ALLOWANCE shall mean an allowance for a road laid out as part of the original survey of the Township that is not a marine road allowance. SALVAGE OR SCRAP YARD shall mean any land, building or part thereof used for the storage or disassembly of motor vehicles, machinery, bottles and other scrap material and salvage, and, if in conjunction therewith the crushing or scrapping of metal or the retail sale of used motor vehicle parts or accessories. SELF STORAGE FACILITY shall mean a building or group of buildings used for the indoor storage of household goods, wares, substances, or articles but shall not include a cartage depot, transportation depot or warehouse. A shipping container, truck body, bus coach, streetcar body, railway car or other similar body or containers, whether on wheels or not, shall not be used as part of a Self-Storage Facility. SENSITIVE LAND USE shall mean buildings, amenity areas, or outdoor spaces where routine or normal activities occurring at reasonably expected times would experience one or more adverse effects from contaminant discharges generated by a nearby major facility. Sensitive land uses may be a part of the natural or built-up environment. Examples of sensitive land uses may include residences, education or health facilities. Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -25- As Adopted SETBACK shall mean the distance between a lot line and the nearest wall of any building or structure and extending the full width or length of the lot. SHIPPING CONTAINER see PORTABLE STORAGE CONTAINER SHORT TERM RENTAL ACCOMMODATION shall mean all or part of a dwelling unit or accessory structure related to a dwelling unit used to provide sleeping accommodations, and may or may not include cooking facilities, for any rental period that is less than 28 consecutive days in exchange for payment. This includes B&Bs but excludes hotels and motels. SITE PLAN shall mean a scaled drawing showing the relationship between the lot lines and the uses, buildings or structures existing or proposed on a lot, including such details as parking areas, driveways, walkways, landscaped areas, building areas, minimum yards, building heights, floor areas, densities and areas for special uses. SOLAR COLLECTOR shall mean any device or combination of devices employed in the collection of direct solar radiation for the purpose of heating or cooling a building, heating water, generating electricity or otherwise converting solar rays into usable forms of energy. SPECIAL OCCASION TENT OR STRUCTURE shall mean an outdoor venue that can accommodate a variety of special events including but not limited to concerts, festivals, fundraising activities, ceremonies and wedding receptions and provides temporary covered open space. STOREY shall mean that portion of a building between any floor and the floor, ceiling or roof next above. STREET OR ROAD shall mean a public highway as defined by The Highway Traffic Act and shall exclude a lane or any private right-of-way or unopened road allowance, or any street which is shown on a Registered Plan of Subdivision which has been deemed not to be a Registered Plan of Subdivision under Section 29 of The Planning Act. STRUCTURE shall mean anything that is erected, built or constructed of parts joined together or any such erection fixed to or supported by the soil and/or any other structure. For the purposes of this By-law, a fence not exceeding 1.5 metres shall not be deemed to be a structure. SWIMMING POOL shall mean an artificial body of water intended and used primarily for bathing, swimming and diving but shall not include a natural, dug or dammed pond which is intended primarily for aesthetic or agriculture purposes. TAVERN shall mean a building or part thereof where, in consideration of payment therefore, liquor, beer, or wine or any combination thereof, are served for consumption on the premises, with or without food. TEMPORARY USE shall mean the use of land or the erection or use of building or structure for a construction camp, work camp, tool shed, scaffold, or other building or structure incidental to and necessary for such construction work which has not been finished or abandoned. Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -26- As Adopted TOURIST ESTABLISHMENT shall mean commercial establishment designed for the travelling or vacationing public, and that has facilities for accommodation and may serve meals or provide kitchen facilities and may furnish equipment, supplies or services to persons for recreational purposes. A permanent residence for the owner or proprietor may be located on the site. TOURIST TRAILER PARK shall mean an establishment comprising land or premises under single ownership, licensed by the Municipality and used for the parking of tourist or travel trailers on a temporary or seasonal basis and operating under the Tourist Information Act and The Act Respecting the Regulations of Tourist Camps and where community laundry, social, local commercial and recreational facilities may be located. TRAILER shall mean any vehicle so constructed that it is suitable for being attached to a motor vehicle for the purposes of being drawn or propelled by the said motor vehicle and capable of being used for living, sleeping or eating accommodation or the transport of a boat, tent or materials, notwithstanding that such vehicle is jacked up or that it's running gear is removed. TRAVEL TRAILER see RECREATIONAL VEHICLE USE shall mean the purpose for which any land, building, structure or premises, or part thereof, is arranged, designed or intended to be used, or is or may be occupied or maintained and the word 'used' has a corresponding meaning. VEHICLE shall mean a motor vehicle, trailer, traction engine, farm tractor, road building machine and any vehicle drawn, propelled or driven by any kind of power, including muscular power, or as otherwise defined under the Motor Vehicle Amendment Act. VETERINARY ESTABLISHMENT shall mean a building established for the purpose of medically or surgically treating domestic animals, birds, livestock, or wildlife. VINEYARD shall mean a farm where grapevines are planted, grown, raised or cultivated for the purpose of producing wine. WAREHOUSING shall mean a building or part of a building used for the storage and distribution of goods, wares, merchandise, substances or articles and may include facilities for a wholesale or retail commercial outlet but shall not include facilities for a truck or transport terminal or yard. WASTE shall mean ashes, garbage, refuse, domestic waste, industrial waste, or municipal refuse and such other materials as are designated in regulations under the Environmental Protection Act, R.S.O. 1990, as amended. WASTE DISPOSAL SITE shall mean any land approved by the Ministry of the Environment upon, into or in which waste may be deposited or processed. WATERCOURSE shall mean a natural channel for a stream and, for the purpose of this By-law, includes a natural channel for an intermittent stream and all watercourses, whether or not shown on the Schedules. Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -27- As Adopted WAYSIDE OR BORROW PIT shall mean a temporary pit or quarry opened and used by a public road authority solely for the purpose of a particular project or contract of road construction and not located on the road right-of-way. YARD shall mean an open, uncovered space on a lot adjacent to a main building, except a court, and unoccupied by buildings or structures except as specifically permitted elsewhere in this By- law. In determining yard measurements, the minimum horizontal distance from the respective lot lines shall be used. YARD, EXTERIOR shall mean the side yard of a corner lot which side yard extends from the front lot line and the nearest main wall of any building or structure. YARD, FRONT shall mean a yard extending across the full width of a lot between the front lot line and the nearest wall of any building or structure on the lot. YARD, INTERIOR shall mean a yard extending from the front yard to the rear yard of a lot between an interior side lot line and the nearest wall of any building or structure on the lot. YARD, REAR shall mean a yard extending across the full width of a lot between the rear lot line and the nearest wall of any main building or structure on the lot YARD, REQUIRED shall mean that part of a yard which is located adjacent to a lot line, has the minimum yard depth required herein, and does not contain any buildings, structures, or parking areas except where specifically permitted herein. Figure 2: Illustration of Yards and Required Yards Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -28- As Adopted YURT shall mean a temporary shelter made of canvas, nylon or other such material, including associated, poles, pegs and ropes, that may be disassembled and easily moved, and that is not permanently affixed to the site but shall not include a recreational vehicle or any other structure otherwise defined or classified in this By-law. A Yurt shall be considered an accessory structure under the provisions of this By-law. ZONE shall mean an area of district of land shown on the schedules of this By-law and which are subject to special restrictions. Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -29- As Adopted 4.0 General Provisions 4.1 Accessory Uses 1. The following provisions shall apply to permitted accessory buildings in each respective zone: a) Accessory buildings shall not be used for human habitation except where a dwelling is a permitted accessory use. b) Unless otherwise noted in this By-law the accessory structure shall have the same setbacks as the principal building, and shall not occupy more than 10% of the lot area. c) The maximum height of an accessory use or building shall be 5 m in a residential zone. d) Accessory uses and buildings shall maintain a minimum 2 m setback from the main building in all zones. e) The use of any accessory building or structure for the keeping of animals, other than domestic pets, is not permitted in the Village Area (VA) Zone. f) Where the lot abuts a navigable waterway, a boathouse, dock or wharf, as an accessory building or structure, may be erected in the front yard, interior side yard, exterior side yard, or rear yard provided that the approval of any other governmental authority having jurisdiction has been obtained and that it is not located closer than 6 m to the side lot line or does not encroach on adjacent frontage when the lot boundaries are extended into the water. 4.1.1 Additional Residential Units Where these uses are permitted, they are subject to the following provisions: a) One additional residential dwelling unit is permitted in a single detached dwelling unit, semi-detached dwelling unit, or rowhouse dwelling unit, and one accessory dwelling unit is permitted in a building or structure accessory to the aforementioned units; b) Additional residential units shall be subject to the corresponding zone provisions if located in the primary structure; c) Additional residential units in an accessory structure shall be subject to the general provisions for accessory uses; d) An additional residential unit is permitted on private services, provided it can be demonstrated that the private sewage disposal system can accommodate the change in use; and e) Additional residential units are prohibited from being severed from the lot containing the primary dwelling unit. 4.1.2 Garages 1. Detached garages shall be located behind the main wall of the dwelling. Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -30- As Adopted 4.1.3 Garden Suites 1. Where these uses are permitted, they are subject to the following provisions: a) No more than an amount equal to 40% of the gross floor area of the principal dwelling use, may be developed for a garden suite; b) Garden suites must maintain a minimum of 1.2 metre setback from the primary dwelling. 4.1.4 Guest Cabin 1. A maximum of one (1) guest cabin is permitted per lot. 2. A guest cabin for human habitation is not permitted except where a dwelling is a permitted accessory use. 4.1.5 Portable Shelters 1. Portable shelters are permitted year-round, subject to the following provisions: a) A maximum of two (2) portable shelters are permitted on a property 2. Portable shelters must be located a minimum of 0.6 m from the rear, interior and/or exterior side property lines; 3. If located in the front yard the portable shelter shall be located a minimum of 5.0 m from the front lot line and not pose any hazards for vehicular movement or human health and safety; and 4. Portable shelters shall be included in the lot coverage calculations. 4.1.6 Recreational Vehicles 1. Recreational trailers and vehicles must be stored and used in accordance with By-law 2010-22, or its successors. 4.1.7 Truck, Bus and Coach Bodies 1. No truck, bus, coach or street car body, or structure of any kind other than a dwelling unit erected and used in accordance with this and all other By-laws of the Corporation shall be used for human habitation whether or not the same is mounted on wheels. 4.1.8 Portable Storage Containers 1. Portable Storage Containers are only permitted as accessory uses within the Agricultural (A) and Rural (RU) zones with a minimum lot area of 10 ha, and within the General Commercial (C1) zone 2. A maximum of three (3) portable storage containers are permitted on a lot. 3. Portable storage containers are not permitted within the front yard of any lot. 4. Shall require a building permit. Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -31- As Adopted 4.2 Automobile Service Stations and Gas Bars 1. Where automobile service stations and gas bars are permitted in this By-law, the following provisions shall apply: Interior Lot Corner Lot Lot Frontage (min) 60 m 60 m Lot Depth (min) 45 m 60 m 2. No portion of any pump island on an automobile service station or gasoline bar lot shall be located closer than 6 metres from the street line of any street; 3. The minimum distance from the intersection of two street lines to the nearest ingress or egress ramp shall be not less than 9 metres; 4. The maximum width of a curb ramp at the street line shall be not more than 9 metres and the minimum width not less than 8 metres; 5. The distance between ramps shall not be less than 9 metres; 6. The minimum distance between the property line of the lot at the street line and the nearest ramp shall be 3 metres; 7. The area included between ramps or between ramps and a street line or property line as required by this By-law shall not be used for any purpose other than landscaping; and 8. The following minimum provisions shall apply to buildings and pumps associated with this use: a) Front Yard 18 meters b) Side Yard 4.5 meters c) Rear Yard 7.5 meters 4.3 Building Repair and Reconstruction 1. Nothing in this section prevents the reconstruction of any building or structure that is damaged or destroyed by causes beyond the control of the owner, provided that the minimum frontage or area, or the minimum front, side or rear yards required by this section are not further reduced or its original use altered. 2. Nothing in this section prevents the strengthening or restoration to a safe condition of any building or structure or part of any such building or structure that is a non-complying and/or non-conforming use provided that: a) Such repair or reconstruction does not further contravene the provisions of this By- law, because of a change in the height, size or volume, or by changing the use of such building or structure; and; b) If the building is a dwelling house in any zone other than a Village Area (VA) zone, it shall comply with all of the requirements set out in Section 12.2 for a Residential use in the Rural (RU) zone. 4.4 Buildings to be Moved In all zones, no building, residential or otherwise normally requiring a building permit for construction shall be moved within the area covered by this By-law or shall be moved into the Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -32- As Adopted limits of the area covered by this By-law without a permit from the Chief Building Official or Building Inspector. 4.5 Cannabis Processing Facility 1. Cannabis Processing Facilities shall also be subject to the following provisions: a) Such facilities shall be permitted as accessory to an agricultural use. b) Setbacks for any facility shall be a minimum of 300 m from any sensitive land uses as defined in this By-law. c) All such facilities shall be equipped with approved Air Treatment Control as defined in this By-law. d) All storage shall be in a fully enclosed building. e) Development in relation to the establishment or expansion of a Cannabis Processing Facility may be subject to Site Plan Control. 4.6 Change of Use A use of a lot, building or structure which, under the provisions hereof, is not permissible within the zone in which such lot, building or structure is located, shall not be changed except to a use which is permissible within such zone. 4.7 Corner Visibility Triangle On a corner lot, a fence, sign, hedge, shrub, bush or tree, or any other structure or vegetation shall not be erected or permitted to grow to a height greater than 1 m above the grade of the streets that abut the lot within the triangular area included within the street line for a distance of 6 m from their point of intersection. 4.8 Dwelling Unit in Non-residential Building or Lot 1. No person shall use any lot, or erect, alter or use any building or structure for the purpose of a separate Dwelling Unit on a lot zoned other than for residential uses, or within a portion of a non-residential building except where permitted, in accordance with the following regulations: a) One single dwelling unit for use by the owner or operator shall be permitted with a private water supply and sewage system where such have been approved by the Ministry of the Environment, or appropriate regulatory authority. b) The dwelling unit shall have a minimum floor area of 56 square meters, or a separate structure shall have a minimum floor area of 100 square meters. c) The dwelling units shall have a separate washroom or bathroom and kitchen facilities from those of the non-residential use; d) The dwelling unit shall have a separate parking space as provided by Section 5.2 hereto; e) The dwelling unit shall have a separate building entrance to that provided for non- residential use; and f) The gross floor area of the residential portion of a non-residential building in the General Commercial (C1) zone shall not exceed 50% of the lot area. Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -33- As Adopted 2. Notwithstanding the provisions of this By-law, no dwelling unit shall be located in a non- residential building that is used for an Automobile Service Station defined in Section 3 of this By-law. 4.9 Frontage on a Public Road or Street 1. No person shall erect any building or structure in any zone unless the following can be met: a) the lot upon which such building or structure is to be erected fronts upon an open and maintained public road or street and has access or a legal right-of-way which is registered on title. 2. Notwithstanding the foregoing, a seasonal dwelling may be erected on any lot created on an island in a Shoreline Residential (SR) Zone. 4.10 Height Exceptions 1. Notwithstanding the height provisions, nothing in this By-law shall apply to prevent the erection of a church spire, belfry, clock tower, chimney, farm building or structure other than a dwelling, silo, water tank, windmill, radio, radar, or television tower or antenna, or drive-in theatre screen. 4.11 Home Industries 1. Where a home industry is a permitted use, the following provisions shall apply: a) Only one person residing in the said dwelling, plus two other people who may or may not reside in the dwelling, may conduct the said household industry. b) The home industry shall clearly be secondary to the main residential use. c) The residential character of the dwelling unit shall not be changed. d) There shall be no advertising other than a plate or sign in accordance with any by- laws of the Corporation regulation signs; e) There shall be no open storage or outdoor display of materials or finished products. f) The household industry shall not create or become a nuisance because of noise, fumes, dust, odour and traffic or otherwise interfere with the enjoyment of the residential amenities of the neighbourhood. g) The lot shall be an existing lot with a minimum frontage of 60 m and minimum lot depth of 120 m. h) Such use shall maintain a setback that is a minimum of 15 m greater than the setback required by this By-law for the main building of the lot. 4.12 Home Occupations 1. Where a home occupation is a permitted use, the following provisions shall apply: a) Only one person residing in the said dwelling, may conduct the said household occupation. b) The floor area devoted to the said household occupation shall not be more that 25% of the total floor area of the dwelling. Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -34- As Adopted c) There shall be no advertising other than a plate or sign with a maximum area of 1sqm, which does not flash and is attached and parallel to the main wall of the building. d) The home occupation shall clearly be secondary to the main residential use. e) The residential character of the dwelling unit shall not be changed. f) The household occupation shall not create or become a nuisance because of noise, fumes, dust, odour and traffic or otherwise interfere with the enjoyment of the residential amenities of the neighbourhood. g) There shall be no open storage or outdoor display of materials or finished products, and no machinery or instrument shall be used in conducting the household occupation that is not normally used in a residence or is not compatible with a residential area. 4.13 Minimum Distance Separation Notwithstanding any other yard or setback provision in this By-law to the contrary, no building housing livestock or manure handling facility shall be erected unless it complies with the Minimum Distance Separation (MDS) Formulae as developed by the Ontario Ministry of Agriculture and Rural Affairs, as amended from time to time. 4.14 Multiple Uses on One Lot Notwithstanding any other provisions of this By-law, where any land, building or structure is used for more than one permitted use, all provisions of this By-law shall be complied with for each use, except in the case of lot area, lot frontage, coverage and minimum yard requirements in which case the most restrictive or stringent requirement shall apply. 4.15 Non-Conforming Uses 1. Nothing in this By-law shall prevent the use of any land, building or structure for any purpose prohibited by this 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. 2. This By-law is not intended to apply to prevent the erection or use for a purpose prohibited by the By-law of any building or structure the plans for which have, prior to the day of passing of the By-law, been approved by the Chief Building Official or Building Inspector, 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 erection of any such building or structure is commenced within 2 years after the date of the passing of this By-law and such building or structure is completed within a reasonable time after the rection thereof is commenced. 3. Nothing in this By-law shall prevent the reconstruction, renovation, repair or strengthening to a safe condition of any building or structure or part of any such building or structure which does not comply with the provisions of this By-law. 4. The provisions of this By-law shall not apply to prevent the reconstruction or continued use of any building or structure that is damaged or destroyed, either by voluntary or involuntary means, provided that: a) Such restoration does not increase the height, size or volume or change the use of such building or structure. Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -35- As Adopted 5. Where a building has been erected prior to the date of the passing of this By-law on a lot having less than the minimum frontage and/or area, or having less than the minimum setback and/or interior side yard and/or exterior side yard and/or rear yard required by this By-law, the said building may be enlarged, reconstructed, repaired or renovated provided that: a) The enlargement, reconstruction, repair or renovation does not further reduce a minimum front yard and/or interior or exterior side yard and/or rear yard provision established in the by-law; and b) All other applicable provisions of this By-law are complied with. 6. A lot held as a single lot prior to the passing of this By-law may be built upon, even though said lot is of such size that it cannot comply with the minimum frontage and/or depth and/or area required by this By-law, provided that in the case of a lot in the Rural (R) Zone such lot has not less than 15 metres of frontage and not less than 900 square metres of area. Such lot shall require the approval of the Ministry of the Environment or its designated agent prior to the issuance of a building permit and the proposed use must comply with all other applicable provisions of this By-law. 7. Nothing in this By-law shall apply to prevent the alteration of a residential building existing at the date of passing of this By-law in a Commercial Zone, provided that such alteration does not contravene any of the provisions of this By-law for such use in the Village Area (VA) Zone. 8. Nothing in this By-law shall prevent Council from acquiring or disposing of any land, building or structure used or erected for a purpose prohibited by the By-law or for the acquisition or disposition of any vacant land having a frontage or depth less than the minimum prescribed for the erection of a building or structure in the defined area in which the land is situated. Nothing in this By-law shall prevent Council from disposing of any such land, building or structure or prevent Council from exchanging any such land for any other land within the Municipality. 9. A non-conforming use of a lot, building or structure shall not be changed except to a use which is permissible within such zone, or such other uses as may be approved under Section 45 of the Planning Act, R.S.O. 1990, Chapter P. 13. 10. A non-conforming use shall be considered to be terminated once the use ceases and the property is used for a permitted use. 11. Portable shelters, recreational vehicles, mobile home sites and portable storage containers are not subject to the provisions of legal non-conforming uses. 4.16 Non-Complying Uses 1. Where a legal non-complying building or structure is damaged, destroyed or demolished, the building or structure may be reconstructed within its original location provided that: a) The situation of non-compliance is not further increased; and b) All other provisions of the By-law are complied with. Efforts should be made to have the rebuilding of buildings or structures comply with all applicable setbacks and yard provisions of the applicable zones. Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -36- As Adopted 2. A legal non-complying building or structure may be enlarged or extended provided the situation of non-compliance is not further increased and it complies with all other provisions of the By-law. 4.17 Number of Dwelling Units on One Lot Not more than one single detached dwelling unit shall be erected on one lot except in the Agricultural (A) Zone or Rural (RU) zone where a second residence may be erected to provide accommodation for a farm labourer, and where additional residential units are permitted, in compliance with Section 4.1.1. 4.18 Properties with More than One Zone Where a lot is divided into more than one zone, each such portion of said lot shall be considered separately for the purposes of determining zone provisions such as lot area, lot frontage, required front yard, required side and rear yards and each such portion shall conform to the provisions of the appropriate zone, but no lot shall have more than one dwelling unit on the whole except as specifically provided in this By-law. 4.19 Public Uses Permitted 1. The provisions of this By-law shall not apply to the use of any land or to the erection or use of any building or structure for the purpose of public utility or service by the Municipality and/or any Public Authority, or Ministry of the Government of Ontario or Canada, including the Hydro One and Ontario Power Generation, or any telephone, telegraph, broadband or cellular or gas company, provided that where such land, building or structure is located in any zone: a) no goods, material or equipment shall be stored in the open except as permitted in such zone; b) the lot coverage and yard requirements described for such zones shall be complied with; c) parking and loading requirements as contained in this By-law shall be complied with. 2. Nothing in this By-law shall prevent, in any zone, the installation of a watermain, sanitary sewer, storm sewer, gas main, pipeline or overhead or underground hydro and telephone line provided that the location of such pipe or line has been approved by the Corporation. 4.20 Short Term Rentals 1. Where short term rentals are permitted in all or part of a residential building, the following provisions apply: a) Parking shall be provided in accordance with Section 5. b) The short-term rental use does not change the character of the residential dwelling, nor become a nuisance to the area in terms of parking, noise, or other factors. c) Such short-term rental is licenced with the Municipality if applicable. Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -37- As Adopted 4.21 Special Uses Permitted 1. The following uses are permitted in all Zones within the Municipality: a) Temporary camps used in the construction of public works but only for so long as it is necessary for such works as may be constructed adjacent to the camp and only until such time as the work is completed, or abandoned, or b) A tool shed, scaffold or other building or structure incidental to construction on the premises where it is situated and only as long as it is necessary for the work in progress and until the work is completed or abandoned. "Abandoned" in this section shall mean the failure to proceed expeditiously with the construction of a work, specifically abeyance of construction for six (6) months. 4.22 Uses Prohibited 1. Notwithstanding any other provisions contained in this By-law, the following uses are prohibited in the Municipality: a) No use shall be permitted which from its nature or the materials used therein is declared by the Local Board of Health or Council of the Corporation to be a noxious trade, business or manufacture under The Public Health Act or regulations, thereunder, Chapter 377, R.S.O. 1970, as amended. b) No land, building or structure shall be used for such purpose as is likely to create a public nuisance or danger to health or danger from fire or explosion, except in accordance with the provisions of or regulations under The Gasoline Handling Act. c) The use of any land or lot for the purpose of a tourist trailer park or the use of a tourist trailer, or mobile home for human habitation except as specifically provided by this By- law. d) The use of any land or lot for the purposes of a track for the commercial racing of animals, motor vehicles or motorcycles or go-carts or snowmobiles except by a club or organization which is licensed by the Municipality for such uses. e) The use of any land or lot for the purpose of a scrap or salvage yard except as specifically provided by this By-law. f) The use of any land or lot for the purpose of a waste disposal area, landfill site, or dump except for public landfill sites owned and/or operated by the Municipality. 4.23 Uses Restricted 1. Notwithstanding any other provision contained in this By-law, the following uses are prohibited within 300 m of the Village Area (VA) zone: a) The manufacture or storage of fertilizers from human or animal wastes. b) The slaughtering of animals. 4.24 Planting Strip 1. A planting strip/vegetative buffer or a fence shall be provided on or near any property line where a commercial or industrial property abuts upon a residential property or zone. The Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -38- As Adopted vegetative buffer/planting strip or fence shall be provided in accordance with the following regulations: a) Shall maintain a minimum vegetative buffer/planting strip of 3 m b) A vegetative buffer/planting strip shall be used for no other purpose than a continuous fence or hedge row of evergreens or shrubs, not less than one and 1.5 metres high immediately adjoining the lot line or portion thereof along which such planting strip is required herein, provided that no fence or hedgerow shall be required or permitted to a height in excess of 1 metre closer to a street line than the required yard depth. c) In all cases where ingress and egress driveways or walks extend through a planting strip, it shall be permissible to interrupt the strip within 3 metres of the edge of such driveway or within one and 1.5 metres of the edge of such walk. d) A Planting strip referred to in this subsection may form part of any landscaped open space required by this By-law. 4.25 Waste Disposal Zone Setbacks Residential dwellings are prohibited within 500 m of any waste disposal facility. 4.26 Waterfront Setbacks and Vegetative Buffer 1. Setbacks from Lake Huron a) No person shall erect any habitable building or structure in any zone abutting Lake Huron less than 15 m measured horizontally from the 100 year flood elevation contour identified on Schedules B1 to B2 of this By-law unless: i. The building or structure is located at least 61 m from the shoreline; and ii. The building or structure is flood-proofed to 179.6 m Canadian Geodetic Vertical Datum (CGVD1928). 2. Setbacks from Inland Lakes a) That any lot abutting a waterbody establish a 30 m setback for dwellings and septic systems from the shoreline. 3. Shoreline Vegetative Buffer a) The marine shore road allowance around all waterbodies extends 20 m from the shoreline. The marine shore road allowance, and the required front yard setback is to remain vegetated, and will be considered the shoreline vegetative buffer. b) No site alteration or vegetation clearance is permitted in the marine shore road allowance. c) A maximum of 25% of the shoreline vegetative buffer, to a maximum width of 15 m may be cleared. d) Restoration of the natural vegetation and shoreline characteristics may be required as a condition of development or redevelopment. Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -39- As Adopted 4.27 Yard and Setback Encroachments Permitted 1. Except for accessory buildings, structures or uses, every part of any yard required by this By-law shall be open and unobstructed by any structure from the ground to the sky provided however that those structures listed in the following table shall be permitted to project for the specified distances into required yards as follows: Structure or Feature Applicable Yard(s) Required setback or Permitted Encroachment Sills, Belt Courses, eaves, gutters, chimneys, awnings, pilasters, canopies and generators Any yard May encroach 0.6 m into the required yard Window Bays Front, and Rear yard May encroach 1.0 m into the required front, rear yard Fire Escapes, Exterior Staircases Rear and Side yards May encroach 1.2 m into the required rear and side yards Balconies Front, Rear and Side Yards May encroach 1.5 m into the required yard Porches not exceeding 1.8 m in height Front, Rear and Exterior Side Yard May encroach 1.5 m into the required yards Air Conditioners Rear, Interior Side and Exterior Side Yard May encroach 0.6 m into the required yards Deck located at 2 feet or above Rear Yard May encroach 5.0 m into the required yard and maintain a minimum setback of 1.5 m to the rear lot line. Front and Exterior Side Yard May encroach 1.6 m into the required yards Interior Side Yard No encroachment permitted. Gate (guard) House Front and Side Yard In the Industrial Zone shall maintained a 5 m front and side yard setback 2. Notwithstanding the provisions of this By-law to the contrary, where a detached single detached dwelling or accessory use thereto is to be erected in a built-up area where there is an established building line, such dwelling or accessory use may be erected closer to the street line or the centre line of the road or street, as the case may be, than required by this By-law provided such dwelling or accessory use is not erected closer to the street line or to the centre line of the road or street, as the case may be, than the established building line on the date of passing of this By-law and further provided that in no case shall any building be erected closer than 3 meters from the front lot line and need be no greater than setback regulations prescribed in the zone in which it is situated. Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -40- As Adopted 4.28 Yard Exception - Terrain Unsuitability Where in this By-law, a front, side or rear yard is required, and part of the area of the lot is usually covered by water or marsh or swale or is beyond the rim of a river bank or watercourse or between the top and toe of a cliff or embankment having a slope of thirty (30) degrees or more from the horizontal, then the required yard shall be measured from the nearest main wall of the main building or structure on the lot to the edge of said area covered by water or marsh, or to the rim of said river bank or watercourse, or to the top of the said cliff or embankment if such area is closer than the lot line. Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -41- As Adopted 5.0 Parking 5.1 Off-street Parking Requirements In connection with the construction, erection, enlargement or increase in the volume of any building type, provisions shall be made for off-street parking on the same lot as the building in accordance with the following regulations and minimum parking requirements. 5.2 Parking Space Requirements 1. The owner of every building or structure erected or used for any of the purposes hereinafter set forth shall provide and maintain for the sole use of the owner, occupant or other persons entering upon or making use of the said premises from time to time, parking spaces and areas as follows: Land Use Use of Land Required Number of Parking Spaces Residential Additional Residential Unit, Garden Suite 1 space per dwelling unit Bed and Breakfast 1 space per dwelling unit, 1 space per guest room Boarding House 1 space for each two dwellers; 1 space for a residing owner Group Home 1.25 spaces per dwelling unit Short-Term Rentals 1 space per rental bed/unit Single Detached, Semi- Detached, Duplex, Seasonal 2 space per dwelling unit Rowhouse, Apartment, Multiple 2 space per dwelling unit Commercial Business or Professional Office, including a home occupation 1 space per 29 sqm of office floor area Clinic 5 parking per practitioner Confectionary or Variety Shop 1 space for every 9.5 sqm of total floor area Hotel, Motel, or Tourist Establishment 1 space per guestroom and 1 additional space for each 9.5 sqm of floor area devoted to public use Funeral Home, Restaurant, Club, Place of Entertainment or Place of Assembly 1 parking space for every 5 seats or 3 meters of bench space. Where there are no fixed seats, 1 space for each 9.5 sqm of floor area devoted to public use Marina 1 space for every 20 sqm of total retail floor area, plus 1 Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -42- As Adopted space for each boat slip provided Other Commercial Uses 1 space for every 19 sqm of total floor area Institutional Educational Institution 1.5 spaces for each teaching area, plus 1 separate bus loading area per 2 teaching areas Emergency Vehicle Dispatch Center 1 space per 30 sqm of gross floor area Hospital, Nursing Home 1 space for each 2 beds or 40 sqm whichever is greater, plus 1 additional space for each resident doctor or resident employee Place of Worship 1 space per 5 seats or 3 m of bench space OR 1 space per 20 sqm of gross floor area devoted to public use, whichever is greater Industrial Building Supply Outlet, Bulk Fuel Storage, Contractors Yard, Home Industry, Motor Vehicle Repair Shop, Fabricating Shop, Processing Establishment, Manufacturing, Welding Shop 1 space for each 100 sqm of floor area up to 1,850 sqm plus 1 additional space for every 450 sqm of floor area over 1,850 sqm including any basement area if used for industrial use Cannabis Processing Facility 1 space per 90 sqm of gross floor area plus 1 space per 30 sqm of gross floor area of an accessory office. Any other use not specified on this table 1 space per 20 sqm of gross floor area 2. If the calculation of the required parking spaces results in a fraction, the required parking spaces shall be the next higher whole number. 3. Where any land or building accommodates more than one use, the total parking space requirement for such land or building shall be the aggregate sum of the requirements for each individual use. 4. Any parking spaces required to be provided by this By-law shall be exclusive of the parking spaces used or intended to be used for the storage or parking of motor vehicles or major recreational vehicles for sale or rental. 5. Where off-street parking spaces are required to be provided for the use of visitors, such parking spaces shall be clearly defined or identified as being reserved for the exclusive use of such visitors. 6. No portion of any access driveway shall be located closer than 9.0 m to the intersections of two street lines or their projections 7. Required parking shall be provided on the same lot as the use it is allocated for. Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -43- As Adopted 5.3 Size of Parking Space 1. Parking areas shall conform to the following requirements: a) each parking space shall be have a minimum width of 3 m and depth of 6 m b) each parking space shall be provided with unobstructed access to a street by a driveway, aisle, lane or private road c) any parking area designed to serve water access lots shall have a minimum area of 50 sqm for each lot to be served and no parking shall be permitted within 8 metres of the high water mark or within 3 metres of any lot line abutting a lot in a Residential Zone; d) for any parking area in a Commercial or Industrial Zone which is required to be used in winter, an additional area equal to 20% of the required area shall be provided for snow storage. 5.4 Ingress and Egress 1. Ingress and egress, to and from the required parking spaces and areas shall be provided by means of unobstructed driveways or passageways at least 4 metres but not more than 9 metres in perpendicular width. 2. The maximum width of any joint ingress and egress driveway ramp measured along the street line shall be 9 metres. 3. The minimum distance between a driveway and an intersection of street lines measured along the street line intersected by such driveway shall be 8 metres. 4. The minimum angle of intersection between a driveway and a street line shall be sixty (60) degrees. 5. Every lot shall be limited to the following number of driveways: a) up to the first 30 metres of frontage, not more than 2 driveways; and b) for each additional 30 metres of frontage, not more than 1 additional driveway. 5.5 Drive Through The entrance for a drive through function must provide for the progressive movement of cars and shall be sufficient to accommodate stacking for not less than 10 cars on said lot, starting at the last window, and that the drive through function does not inhibit the use of the necessary required parking spaces. Stacking spaces for drive through or drive-in uses may not be counted as required off-street parking spaces. 5.6 Parking Area Surface In a Commercial or Industrial Zone, a parking area and driveway connecting the parking area with a street shall be maintained with a stable surface which is treated so as to prevent the raising of dust or loose particles. They shall, before being used, be constructed of crushed stone, slag, gravel, crushed brick (or tile), cinders, asphalt, concrete, Portland cement binder or like material and with provisions for drainage facilities. Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -44- As Adopted 5.7 Accessible Parking 1. Provisions of accessible parking spaces shall be compliant with the Ontario Integrated Accessibility Standards Regulation 191/11 or its successors. 2. In the case of multiple residential (i.e., apartment dwellings), Commercial, Industrial and Institutional uses, accessible parking spaces shall be provided in accordance with the following table: Total Parking Spaces Required Accessible Spaces Required (minimum) Total Type A Type B Up to 37 1 1 38-62 2 1 1 63-86 3 1 2 87-133 4 2 2 134-166 5 2 3 167-200 6 3 3 Each additional 50 spaces thereof 1 additional space a) Where an even number of accessible parking spaces are provided, an equal number of parking spaces that meet the requirements of a Type A parking space and a Type B parking space must be provided. b) Where an odd number of accessible parking spaces are provided, the number of parking spaces must be divided equally between parking spaces that meet the requirements of a Type A parking space and a Type B parking space, but the additional parking space, the off-numbered space, may be a Type B parking space. c) Accessible parking spaces shall be of the following two types: i. Type A: minimum width of 3.4 m ii. Type B minimum width of 2.4 m d) An access aisle may be shared by two accessible parking spaces and must have a minimum width of 1.5 m. Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -45- As Adopted Figure 3 Accessible parking spaces and access aisle 5.8 Loading Space Requirements 1. The owner or occupant of any lot, building or structure erected or used for any purpose involving the receiving, shipping, loading or unloading of persons, animals, goods, wares, and merchandise and raw materials, shall provide and maintain at the premises on the lot occupied by the building or structure and not forming part of the street or lane, within the zone in which such use is located 1 loading or un-loading space that conforms to the following: a) A minimum length of 9 m b) A minimum width of 3.7 m c) A minimum vertical clearing distance of 4.5 m d) A minimum of 1 loading space for every 500 sqm of floor 2. Access to loading or unloading spaces shall be by means of a driveway with a minimum width of 6 m 3. The driveways, loading and unloading spaces shall be constructed and maintained with a stable surface which is treated so as to prevent the raising of dust or loose particles and with provisions for drainage facilities. 4. The loading space or spaces required shall be located in the interior side or rear yard unless set back from the street line a minimum distance of 25 metres. 5. When a building or structure has insufficient loading space at the date of passing of this By-law to comply with the requirements herein, this By-law shall not be construed to require that the deficiency be made up prior to the construction of any addition. No addition may be built, however, and no change of use may occur, the effect of which would be an increase in that deficiency. Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -46- As Adopted 6.0 Village Area (VA) Zone 6.1 Permitted Uses Residential Additional Residential Unit Apartment Dwelling Bed and Breakfast Establishment Boarding House Converted Dwelling Duplex Dwelling Group Home Home Occupation Seasonal Dwelling Semi-Detached Dwelling Single Detached Dwelling Commercial Automobile Service Station Business or Professional Office Clinic Club Confectionary and Variety Shop Eating Establishment Financial Establishment Hotel Marina Motel Motor Vehicle Sales Area Personal Service Shop Place of Entertainment Recreational Vehicle Sales and Service Establishments Repair or Service Shop Retail Store Tavern Institutional Cemetery Place of Worship Community Centre Educational Institution Emergency Vehicle Dispatch Center Funeral Home Hospital Nursing Home Park 6.2 Zone Provisions Use Provision Required Residential Lot Area (min) 1,858 sqm Lot Frontage (min) 30.5 m Front Yard (min) 9 m Rear Yard (min) 3 m Interior Side Yard (min) 3 m (1) Exterior Side Yard (min) 9 m Lot Coverage (max) 20% Building Height (max) 9 m Gross Floor Area as a % of lot area (max) 20% Commercial Lot Area (min) 1,858 sqm Lot Frontage (min) 30.5 m Front Yard (min) 9 m Rear Yard (min) 3 m Interior Side Yard (min) 3 m Exterior Side Yard (min) 9 m Lot Coverage (max) 50% Building Height (max) 12 m Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -47- As Adopted Gross Floor Area as a % of lot area (max) 50% Institutional Lot Area (min) 1,858 sqm Lot Frontage (min) 30.5 m Front Yard (min) 9 m Rear Yard (min) 3 m Interior Side Yard (min) 3 m Exterior Side Yard (min) 9 m Lot Coverage (max) 20% Building Height (max) 15 m Gross Floor Area as a % of lot area (max) 20% Recreational Lot Area (min) 3,600 sqm Lot Frontage (min) 60 m Front Yard (min) 9 m Rear Yard (min) 7.5 m Interior Side Yard (min) 7.5 m Exterior Side Yard (min) 9 m Lot Coverage (max) 15% (1) 0 m setback is required for semi-detached dwelling along the adjoining wall. 6.3 Accessory Use Zone Provisions Notwithstanding the provisions established in Section 4.1 the following provisions apply to accessory uses, buildings or structures within the Village Area (VA) zone. Use Provision Required Residential Distance from all lot lines (min) 3 m Building Height (max) 5 m Commercial Distance from all lot lines (min) 3 m Building Height (max) 6 m Institutional/Public Use Distance from all lot lines (min) 3 m Building Height (max) 5 m 6.4 Additional Zone Provisions A dwelling unit is permitted as an accessory use to the principal commercial use, building or structure identified in Section 8.1 except for an automobile service station, motor vehicle sales area, recreational vehicle sales and service establishments repair or service shop. The dwelling unit shall be located above or behind the main commercial use. 6.5 Special Exception Zones Reserved. Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -48- As Adopted 7.0 Shoreline Residential (SR) Zone 7.1 Permitted Uses Residential Uses Bed and Breakfast Group Home Home Occupation Seasonal Dwelling Existing Single Detached Dwelling Recreational Uses Public Beach Public Boat Launching Area Park 7.2 Zone Provisions Use Provision Required Residential Lot Area (min) 4,046 sqm (1) Lot Frontage (min) 45.5 m (1) Front Yard (min) 9 m Rear Yard (min) 3 m Interior Side Yard (min) 3 m Exterior Side Yard (min) 9 m Lot Coverage (max) 15% Building Height (max) 9 m (2) Floor Area per Dwelling Unit 1 storey (sqm) 1 ½ storeys (sqm) 2 storeys (sqm) 44 sqm 60 sqm 100 sqm Gross Floor Area as a % of lot area (max) 15% Recreational Use Lot Area (min) 4,046 sqm Lot Frontage (min) 45.5 m Front Yard (min) - Rear Yard (min) - Interior Side Yard (min) - Exterior Side Yard (min) - Lot Coverage (max) - Building Height (max) - Floor Area per Dwelling Unit 1 storey (sqm) 1 ½ storeys (sqm) 2 storeys (sqm) - - - Gross Floor Area as a % of lot area (max) - Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -49- As Adopted (1) On lots serviced by communal water, the minimum lot frontage shall be 30.5 m and the minimum lot area shall be 3,038 sqm. (2) When more than one tier of lots is proposed, buildings on waterfront lots shall be limited to one storey 7.3 Accessory Use Zone Provisions Notwithstanding the provisions established in Section 4.1 the following provisions apply to accessory uses, buildings or structures on lots used for residential purposes within the Shoreline Residential (SR) zone. Use Provision Required Residential Distance from all lot lines (min) 3 m Building Height (max) 5 m 7.4 Additional Zone Provisions For lots with a lot area between 0 and 0.2 ha a maximum of 1 Guest Cabin shall be permitted. For lots with a lot area greater than 0.2 ha a maximum of 2 Guest Cabins shall be permitted. 7.5 Special Exception Zones Section / Zone Amending By-Law / Location Permitted Uses Special Provisions SR-1 Multiple locations By-law 87-03; Lots 23-25, West Range and Lots 20- 22, East Range, Township of Gordon By-law 89-02; Lot 22, Con IV, Township of Gordon; Part 1, Plan 31R-1843 By-law 89-14; Lot 22, Con IV; Township of Gordon By-law 93-10; Lot 27, Con VI, Township of Allan By-law 2003-15; Lot 26, Con VII, Township of Allan; Parts 1-4, Plan 31R-3240 By-law 2007-01; Lot 26, Con VII; Part 1, Plan 31R- 3530 - Single detached dwellings SR-2 By-law 87-09; Lot 22, East Range, Gordon Township - Semi-detached dwelling Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -50- As Adopted Section / Zone Amending By-Law / Location Permitted Uses Special Provisions SR-3 By-law 93-03; Lot 3, Con B, Township of Gordon; Part 4, Plan 31R-2413 - A mobile home to be used as a seasonal dwelling The mobile home to be placed on a permanent concrete foundation. A gable, cottage or mansard style roof to be constructed over the mobile home. The owner shall be given one year from the date of this by-law to meet conditions set out. Result in this mobile home being removed from this site at the owner's expense. SR-4 By-law 2016-02; Lot 3, Con B, Township of Gordon; Part 5, Plan 31R- 4036 - a storage building/pump house (7.3 m x 2.4 m) is permitted with a front yard setback of 25 m and an easterly side yard setback of 5 m SR-5 By-law-2016-17; Lot 17, Con III, Township of Allan; Part 1, Plan 31R- 1681 - an accessory building is permitted to be located within the front yard having a minimum front yard setback of 3.5 m SR-6 By-law 2021-06; Lot 20, East Range, Township of Gordon; Part 1, Plan 31R- 4168 - a maximum of forty-six (46) self-storage units Minimum front yard setback for any structures, from Lighthouse Road surveyed as Part 1, Plan 31R-4168: 9 m SR-7 By-law 87-07; Lot 20, Con IV, Township of Allan - Seasonal dwelling with water access only Access permitted via water. Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -51- As Adopted 8.0 General Commercial (C1) Zone 8.1 Permitted Uses Automobile Service Station Building Supply Establishment Business or Professional Office Dwelling Unit in accordance with Section 4.7 of this by-law Eating Establishment Farm Implement Dealer Funeral Home Hotel Marina Motel Motor Vehicle Sales Area Park Personal Service Shop Recreational Vehicle Sales and Service Establishment Repair or Service Shop Restaurant, Drive-In Retail Store Tavern 8.2 Zoning Provisions Provision Required Lot Area (min) 1,858 sqm Lot Frontage (min) 30.5 m Front Yard (min) 9 m Rear Yard (min) 7.5 m Interior Side Yard (min) 4.5 m Exterior Side Yard (min) 9 m Lot Coverage (max) 50% Building Height (max) - 8.3 Additional Zone Provisions A dwelling unit is permitted as an accessory use to the principal commercial use, building or structure identified in Section 8.1 except for an automobile service station, farm implement dealer, motor vehicle sales area, and recreational vehicle sales area. The dwelling unit shall be located above or behind the main commercial use. Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -52- As Adopted 8.4 Special Exception Zones Section / Zone Amending By-Law / Location Permitted Uses Special Provisions C1-1 By-law 88-01; Lot 5, Con IX, Township of Gordon Automobile service station / gas bar is permitted with the following lot size: - Frontage (min) : 132' - Depth (min) 150' C1-2 By-law 95-06; Lot 18, Con IX, Allan Township Used car dealership Lot area (min): 2.67 acres Lot frontage (min): 397 ft Lot depth (min): 293. 33 ft display area to be to the east of the existing residence and garage. C1-3 By-law 96-01; Lot 5, Con IX, Township of Gordon; 790 ft on Hwy 540B, depth of 500 ft The only commercial uses shall be: - Car dealership - Administrative office - 8x10 garage - Gas pumps - Parts department - Auto Body shop - Shipping containers in compliance with Section 4.1.8. C1-4 By-law 99-10; Lot 5, Con IX, Township of Gordon; Highway 540/ 540B The only commercial uses shall be: - New and used car sales lot - Small sales office - Shipping containers in compliance with Section 4.1.8. Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -53- As Adopted 9.0 Tourist Commercial (TC) Zone 9.1 Permitted Uses Residential Uses Dwelling unit in accordance with the provisions of Section 4.7 of this by-law Commercial Uses Commercial Campground Commercial Trailer Park Hotel Marina Motel Restaurant Tourist Establishment 9.2 Zone Provisions Provision Required Lot Area (min) 2,325 sqm Lot Frontage (min) 76 m (1) Front Yard (min) 9 m Rear Yard (min) 7.5 m Interior Side Yard (min) 4.5 m Exterior Side Yard (min) 9 m Lot Coverage (max) 30% Building Height (max) - (1) Where the tourist commercial use is not on a waterfront, the minimum lot frontage shall be 60 m. 9.3 Additional Zone Provisions A dwelling unit is permitted as an accessory use to the principal commercial use, building or structure identified in Section 9.1. The dwelling unit shall be located above or behind the main commercial use. 9.4 Special Exception Zones Reserved. Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -54- As Adopted 10.0 General Industrial (M1) Zone 10.1 Permitted Uses Automobile Service Shop Building Supply Outlet Cannabis Processing Facility Contractors Yard Custom Workshop Dry Industry involved in the fabricating processing or manufacturing of goods or materials Dwelling unit in accordance with the provisions of Section 4.7 of this by-law Fabricating Shop Farm Produce Storage Area Feed Mill Lumber Yard Manufacturing Motor Vehicle Repair Shop Recycling Center Repair or Service Shop Sawmill Storage Use Transportation Terminal Warehousing Welding Shop Wood Working Establishment Workshop 10.2 Zone Provisions Provision Required Lot Area (min) 3,600 sqm Lot Frontage (min) 60 m Front Yard (min) 15 m Rear Yard (min) 17.5 m Interior Side Yard (min) 7.5 m Exterior Side Yard (min) 15 m Lot Coverage (max) 50%(1) Building Height (max) 12 m Gross Floor Area as a % of lot area (max) 50% (1) This coverage factor does not restrict open storage areas. 10.3 Accessory Use Zone Provisions Notwithstanding the provisions established in Section 4.1 the following provisions apply to accessory uses, buildings or structures within the General Industrial (M1) zone. Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -55- As Adopted Use Provision Required Industrial Distance from all lot lines (min) 7.5 m Building Height (max) 6 m 10.4 Special Exception Zones Section / Zone Amending By-Law / Location Permitted Uses Special Provisions M1-1 By-law 88-14; Lot 12, West Range, Township of Gordon; Part 1, Plan 31R-980 - Heavy service shop - Sawmill A planting strip of evergreens placed four feet apart to be planted from the north-west corner of the lot and run parallel to the boundary line in an easterly direction for approximately 200 ft, then in a southerly direction across the width of the lot, then in a westerly direction for approximately 200 feet parallel to the boundary line to the south-west corner of the lot. M1-2 By-law 89-15; Lot 5, Con IX, Gordon Twp - Setback (north boundary) (minimum): 3 m M1-3 By-law 2009-25; Lot 19, Con IX, Township of Allan; Part 1, Plan 31R-1167 - Self storage units, - Warehouse, - Service industry, - Contractor or tradesman shop or yard, - Custom workshop, and - Dry industry involved in the fabricating processing or manufacturing of goods or material Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -56- As Adopted 11.0 Agricultural (A) Zone 11.1 Permitted Uses Agricultural Use Agriculture-Related Use Bed and Breakfast Conservation Use Farm Produce Storage Facility Home Industry Home Occupation Nursery or a Farm Greenhouse Private Airfield Single Detached Dwelling accessory to an agricultural use Single Detached Dwelling on a lot created prior to the passing of this By-law Wayside Pit or Quarry 11.2 Zone Provisions Use Provision Required Agricultural Lot Area (min) 40 ha Lot Frontage (min) - Front Yard (min) 9 m Rear Yard (min) 3 m Interior Side Yard (min) 3 m Exterior Side Yard (min) 9 m Lot Coverage (max) - Building Height (max) - m Floor Area per Dwelling Unit 1 storey (sqm) 1 ½ storeys (sqm) 2 storeys (sqm) 44 m - - Gross Floor Area as a % of lot area (max) - Residential Lot Area (min) 4,046 sqm Lot Frontage (min) 30.5 m Front Yard (min) 9 m Rear Yard (min) 3 m Interior Side Yard (min) 3 m Exterior Side Yard (min) 9 m Lot Coverage (max) 30% Building Height (max) 9 m Floor Area per Dwelling Unit 1 storey (sqm) 1 ½ storeys (sqm) 2 storeys (sqm) 55 m 80 m 110 m Gross Floor Area as a % of lot area (max) 25% Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -57- As Adopted 11.3 Accessory Use Zone Provisions Notwithstanding the provisions established in Section 4.1 the following provisions apply to accessory uses, buildings or structures within the Agricultural (A) zone. Use Provision Required Agricultural Distance from all lot lines (min) 15 m Residential Distance from all lot lines (min) 3 m Building Height (max) 10 m 11.4 Additional Zone Provisions Notwithstanding any other section of this By-law, no person shall use any land or erect, alter or use any building or structure for the purpose of a private airfield as defined in this By-law except in accordance with the following provisions: a) No lot having less than 10 hectares shall eb used for a private airfield; b) No person shall maintain or store more than 3 aircrafts at any private airfield; c) 1 accessory building for the purpose of parking or storing an aircraft shall be permitted on a lot, but shall be separate from, and located not less than 15 m from any non- residential building, and 30 m from any building used for residential purposes; and d) No land used for the purpose of a private airfield shall be located closer than 200 m of any residential dwelling unit located on an adjacent property held in separate ownership. 11.5 Special Exception Zones Section / Zone Amending By-Law / Location Permitted Uses Special Provisions A-1 Multiple locations By-law 88-08; Lot 23, Con VIII, Township of Allan By-law 89-01; Lot 17, Con V, Township of Allan; Part 2, Plan 31R-1863 By-law 89-13; Lot 22, Con VIII, Township of Gordon; Part 3, Plan 31R-796 By-law 89-19; Lot 1, Con A, Township of Gordon; Part 1, Plan 31R-1939 and Part 2, Plan 31R- 1939 By-law 91-01; Lot 23, Con VIII, Township of Allan; Part 1, Plan 31R-2142 By-law 91-13; Lot 13, Con VI, - Non-farm related dwelling unit Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -58- As Adopted Section / Zone Amending By-Law / Location Permitted Uses Special Provisions Township of Gordon; Part 1, Plan 31R-688 By-law 95-15; Lot 6, West Range, Gordon Township By-law 2001-04; Lot 10, East Range, Township of Gordon; Part 1, Plan 31R-3092 By-law 2008-14; Lot 13, Con VIII, Township of Gordon; Parts 1-3, Plan 31R-3668 By-law 2011-15; Lot 27, Con VII, Township of Allan; Part 1, Plan 31R-3843 By-law 2016-16; Lot 21, Con X, Township of Allan; Part 2, Plan 31R-4059 By-law 2018-28; Lot 28, Con VI, Township of Allan West By-law 2019-10; Lot 26, Con VII, Parts 1 and 2, Plan 31R-4123, Township of Allan West By-law 2020-04; Lot 20, Con X, Township of Allan; Part 1, Plan 31R-4148; 1193 10th Side Road, A-2 By-law 97-07; Lot 19, Con VII - Non-farm related residential dwelling Lot frontage (min): 76.2 m Lot depth (min): 54.86 m A-3 By-law 98-02; Lot 22, Con IX, Township of Gordon; Part 1, Plan 31R-1682; Highway 540A - Non-farm related residential dwelling Lot frontage (min): 148 m Lot depth (min): 285 m A-4 By-law 98-08; Lot 21, Con VIII, Township of Gordon; Part 1, Plan 31R-2883; Highway 540A - Non-farm related residential dwelling Lot frontage (min): 202.525 ft Lot depth (min): 177.54 ft A-5 By-law 98-09; Lot 21, Con IX, Township of Gordon; Part 2, Plan 31R-1682; Highway 540 - Non-farm related residential dwelling Lot frontage (min): 160 ft Lot depth (min): 150 ft A-6 By-law 2000-02; Lot 22, Con IX, Township of Gordon; Part 1, Plan 31R-3015 - Farm-related crop and farm supply operation A-7 By-law 2008-14; Lot 13, Con VIII; Parts 1-3, Plan 31R-03668 - Residential uses are prohibited Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -59- As Adopted Section / Zone Amending By-Law / Location Permitted Uses Special Provisions A-8 By-law 2010-030; Lot 12, Con VIII, Township of Gordon; Part 2, Plan 31R-3768 - Retail store for building renovation products and installation/servicing related uses - Plumbing shop and plumbing related retail uses A-9 By-law 2020-18; Lot 8, West Range, Township of Gordon; 101 Poplar Road - A residential dwelling and any residential uses are prohibited within 300 m setback of the Aggregate Licensed Area within Lot 7, East Range A-10 By-law 2021-14; Lot 23, Con IX, Township of Gordon; 120 Hwy 540A - a building (9.1 m x 12.2 m) to be used as a welding repair service shop, storage of metal and products associated with the welding shop, and for personal storage, as a Home Industry use not accessory to a dwelling Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -60- As Adopted 12.0 Rural (RU) Zone 12.1 Permitted Uses Rural Agricultural Use Agricultural-Related Uses Animal Hospital Bed and Breakfast Establishment Conservation uses Home Industry Farm Produce Storage Facility Hunt Camp Kennel Nursery or a Farm Greenhouse Parking and Servicing of School Buses Private Airfield Wayside Pit or Quarry Rural Residential Additional Residential Unit Home Occupations Seasonal Dwellings Single Detached Dwellings Institutional Educational Institution Cemetery Golf Course Park Place of Worship 12.2 Zone Provisions Use Provision Required Rural Lot Area (min) 40 ha for Agricultural and Agricultural-related use, 4,046 sqm for all other uses Lot Frontage (min) 30.5 m Front Yard (min) 9 m Rear Yard (min) 3 m Interior Side Yard (min) 3 m Exterior Side Yard (min) 9 m Lot Coverage (max) 30% Building Height (max) 9 m Floor Area per Dwelling Unit (min) 1 storey (sqm) 1 ½ storeys (sqm) 2 storeys (sqm) 44 sqm - - Rural Residential Lot Area (min) 4,046 sqm Lot Frontage (min) 30.5 m Front Yard (min) 15 m Rear Yard (min) 10 m Interior Side Yard (min) 10 m Exterior Side Yard (min) 15 m Lot Coverage (max) 20% Building Height (max) 9 m Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -61- As Adopted Floor Area per Dwelling Unit (min) 1 storey (sqm) 1 ½ storeys (sqm) 2 storeys (sqm) 55 sqm 80 sqm 110 sqm Gross Floor Area as a % of lot area (max) 20% Institutional Lot Area (min) 4,046 sqm Lot Frontage (min) 60 m Front Yard (min) 15 m Rear Yard (min) 15 m Interior Side Yard (min) 7.5 m Exterior Side Yard (min) 15 m Lot Coverage (max) 10% Building Height (max) 9 m Floor Area per Dwelling Unit 1 storey (sqm) 1 ½ storeys (sqm) 2 storeys (sqm) - - - Gross Floor Area as a % of lot area (max) 20% 12.3 Accessory Zone Provisions Notwithstanding the provisions established in Section 4.1 the following provisions apply to accessory uses, buildings or structures within the Rural (RU) zone. Use Provisions Required Rural Distance from all lot lines (min) 3 m Building Height (max) 10 m Rural Residential Distance from all lot lines (min) 3 m Building Height (max) 10 m Institutional Distance from all lot lines (min) 3 m Building Height (max) 5 m 12.4 Additional Zone Provisions Notwithstanding any other provisions of this By-law, no person shall erect a hunt camp within 305 m of a lake and on a lot of less than 10 ha. Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -62- As Adopted 12.5 Special Exception Zones Section / Zone Amending By-Law / Location Permitted Uses Special Provisions RU-1 By-law 84-10; Lot 3, Con VIII, Township of Gordon A hand gun range RU-2 By-law 86-14; Lot 3, Con XII, Township of Gordon A trailer for human habitation This trailer must be placed on either concrete piers or a concrete foundation. A peaked roof must be constructed over the trailer. RU-3 By-law 88-03; Lot 27, Con VIII, Township of Allan the lots created by Application for Consent File No. B47- 87 shall be: - PARCEL 1: Part 1 of Plan 31R-1759 - PARCEL 2: - Part 2 of Plan 31R- 1759 - PARCEL 3: Original survey Lot 27, Con VIII, Allan Twp less Part 1 and 2 of Plan 31R- 1759 and Part 1 of Plan 31R-418. RU-4 By-law 92-05; Lot 18, Con VI, Allan Township Additional dwelling unit RU-5 By-law 93-13; Lot 4, Con XII, Township of Gordon; Parts 1 - 3, Plan 31R-2332 Non-farm related residential dwelling No development/ building or structures to be located within 25 metres of the brow of the bluff or top of the escarpment on the three parcels of land to which this by-law applies. RU-6 By-law 94-01; Lot 11, East Range, Township of Gordon; Part 1, Plan 31R-2570 Welding / fabrication shop Farm implement dealership RU-7 By-law 95-02; Lot 27, Con VIII, Township of Allan; Part 1, Plan 31R-2619 Kingdom Hall (place of worship) Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -63- As Adopted Section / Zone Amending By-Law / Location Permitted Uses Special Provisions RU-8 By-law 96-04; Lot 23, Con III; Parts 1-4, Plan 31R-2658, Township of Gordon Minimum lot area and frontage shall be as set out on Plan 31R-2658 RU-9 By-law 97-02; Lots 3 and 4, Con XIII; Parts 3-6, Plan 31R- 2159, Township of Gordon (i) Construction of structures, roads or other types of development within 30 m of the brow of the escarpment is prohibited. (ii) Removal of living, mature trees from the face and brow of the escarpment is prohibited, vegetation in the area of buildings above the brow of the escarpment is restricted at the discretion of Council. (iii) Drilling or blasting within 60 m of the brow of the escarpment is prohibited. RU-10 By-law 2002-11; Lots 3-4, Con XIII, Township of Gordon; Parts 7-8, Plan 31R-2159 (i) Construction of structures, roads or other types of development within 23 m of the brow of the escarpment is prohibited. (ii) Removal of living, mature trees from the face and brow of the escarpment is prohibited, vegetation in the area of buildings above the brow of the escarpment is restricted at the discretion of Council. Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -64- As Adopted Section / Zone Amending By-Law / Location Permitted Uses Special Provisions (iii) Drilling or blasting within 60 m of the brow of the escarpment is prohibited. RU-11 By-law 2005-04; Lot 25, West Range, Township of Gordon; Parts 1-4, Plan 31R-3347 The only uses permitted are: - single detached dwelling - home occupation use - seasonal dwelling Minimum lot area and dimensions shall be as set out on Plan 31R- 3347 RU-12 By-law 2009-14; Lot 10, East Range, Gordon Township The only permitted uses are: - Golf driving range - Accessory uses Uses to be located in accordance with the MDS 1 setbacks RU-13 By-law 2009-34; Lot 4, East Range, Township of Gordon Recreational uses consisting of: Golf Course, Cross-country Ski Trails, Outdoor Skating Rink, Tennis Court, Volleyball Nets, Playground Equipment, Lawn Bowling Greens, Horseshoe Pits, Cross Country Running Trails RU-14 By-law 2018-18; Lot 10, East Range, Parts 1 and 2, Plan 31R-2318 and Part 1, Plan 31R-3558 excepting Part 1, Plan 31R-3092 and Part 3, Plan 31R-3558, Township of Gordon Commercial/industrial type uses i) indoor and outdoor storage operation; ii) a used sales operation, including buying and selling of goods; iii) a cottage & home care operation, to include the storage and maintenance of equipment including some building/ carpentry activities, are permitted within an area of land (±67.1 m. X 169.8 m.) Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -65- As Adopted Section / Zone Amending By-Law / Location Permitted Uses Special Provisions RU-15 By-law 2020-15; Lot 19, Con VIII, Township of Allan; Parts 1-3, Plan 31R-3885; 185 Robertson Road An accessory building is permitted to be located within the front yard having a minimum front yard setback of 39.9 m RU-16 By-law 90-01; Lot 11, Con IV, Gordon Township A trailer to be used as a hunt camp The trailer to be placed in either concrete pads and piers or on a permanent concrete foundation. A gable, barn , cottage or mansard style roof must be constructed over the trailer. RU-17 By-law 94-04; Lot 19, Con VIII, Township of Allan; Parts 1-4, Plan 31R-2543 Non-farm related dwelling unit Minimum lot area and frontage as per Plan 31R-2543 RU-18 By-law 94-09; Lot 30, Con V, Township of Allan; Parts 1-3, Plan 31R-2601 Non-farm related dwelling unit Minimum lot area and frontage as per Plan 31R-2601 RU-19 By-law 98-10; Lot 27, Con VII, Township of Gordon; Part 1, Plan 31R-2879; Emery Rd Non-farm related residential dwelling Lot area (min): 0.4047 ha Lot frontage (min): 39.92 m Lot depth (min): 110.98 m Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -66- As Adopted 13.0 Open Space Recreation (OSR) Zone 13.1 Permitted Uses An area of land where the primary use is for public or private recreation Campground Club Dwelling Unit or Units in accordance with Section 4.7 of this By-law Educational Institution Emergency Vehicle Dispatch Center Golf Course Place of Worship Playground 13.2 Zone Provisions Provision Required Lot Area (min) - Lot Frontage (min) - Front Yard (min) 9 m Rear Yard (min) 7.5 m Interior Side Yard (min) 7.5 m Exterior Side Yard (min) 9 m Lot Coverage (max) 20% Building Height (max) 14 m 13.3 Additional Zone Provisions Use Provisions Required Open Space and Recreation Use Distance from all lot lines (min) 7.5 m Building Height (max) 6 m Institutional Distance from all lot lines (min) 3 m 13.4 Special Exception Zones SECTION / ZONE AMENDING BY-LAW / LOCATION PERMITTED USES SPECIAL PROVISIONS OSR-1 By-law 2009-34; Lot 4, East Range, Twp of Gordon - the existing dwelling unit may be used for a short term rental Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -67- As Adopted 14.0 Open Space Conservation (OSC) Zone 14.1 Permitted Uses Agricultural use, excluding buildings Forestry Use, excluding buildings and structures Nursery Garden Outdoor Recreational Uses excluding buildings and golf courses Flood Control and Erosion Protection Uses Park Recreational Trail Wildlife and/or Fish Management Area 14.2 Zone Provisions Provision Required Lot Area (min) 10 ha Front Yard (min) 20 m Rear Yard (min) 20 m Interior Side Yard (min) 20 m Exterior Side Yard (min) 20 m 14.3 Additional Zone Provisions No dwelling or dwelling unit shall be permitted within the Open Space Conservation (OSC) zone. 14.4 Special Exceptions Zones Reserved. Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -68- As Adopted 15.0 Pit and Quarry (Q) Zone 15.1 Permitted Uses Asphalt Plant Concrete Batching Plant Pit and/or Quarry Washing, Screening, Crushing and Storage of Sand, Gravel, Ballast, Stone, Aggregates, Clays, Brick, Peat, and other surface and subsurface resource materials Accessory and associated operations 15.2 Zone Provisions Provision Required Lot Area (min) 10 ha Front Yard (min) 30 m Rear Yard (min) 30 m Interior Side Yard (min) 30 m Exterior Side Yard (min) 30 m 15.3 Special Exception Zones Section / Zone Amending By-Law / Location Permitted Uses Special Provisions Q-1 By-law 85-04; Lot 5, Con A, Township of Gordon - Hunt camp following rehabilitation of gravel pit Lot area (minimum): 40,468 sqm Edge of excavation to public road or property line (minimum): 30,48 m Q-2 By-law 85-08; Lot 6, Con B, Gordon Township - Edge of excavation to public road or property line (minimum): 30,48 m Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -69- As Adopted 16.0 Waste Disposal Site (WD) Zone 16.1 Permitted Uses Dump Site for used building material Landfill Site for garbage including organize waste but excluding chemical wastes Salvage or Scrap Yard 16.2 Zone Provisions Provision Required Lot Area (min) 10 ha Front Yard (min) 30 m Rear Yard (min) 30 m Interior Side Yard (min) 30 m Exterior Side Yard (min) 30 m 16.3 Accessory Use Provisions Provision Required Distance from all lot lines (min) 30 m Building Height (max) 6 m 16.4 Additional Zone Provisions No waste disposal site shall be located so that its edge is at a point less than 30 m from the limit of any road right-of-way and 30 m from any adjoining property line. 16.5 Special Exception Zones Reserved. Municipality of Gordon/Barrie Island Zoning By-law 2022-016 J.L. Richards & Associates Limited November 1, 2022 JLR No.: 31653-003 -70- As Adopted 17.0 Airport (AP) Zone 17.1 Permitted Uses Airport 17.2 Zone Provisions Notwithstanding any other provision of this By-law, an Airport (AP) use, other than a residential use shall not be located closer than: a. 610 m from any Shoreline Residential (SR) Zone b. 200 m from a residential dwelling unit located on an adjacent property held in separate ownership 17.3 Special Exception Zones Reserved. www.jlrichards.ca JLR Logo is a Registered Trademark ® 2009, all rights are reserved Ottawa 864 Lady Ellen Place Ottawa ON Canada K1Z 5M2 Tel: 613 728-3571 [email protected] Kingston 203-863 Princess Street Kingston ON Canada K7L 5N4 Tel: 613 544-1424 [email protected] Sudbury 314 Countryside Drive Sudbury ON Canada P3E 6G2 Tel: 705 522-8174 [email protected] Timmins 834 Mountjoy Street S Timmins ON Canada P4N 7C5 Tel: 705 360-1899 [email protected] North Bay 501-555 Oak Street E North Bay ON Canada P1B 8E3 Tel: 705 495-7597 [email protected] Hawkesbury 326 Bertha Street Hawkesbury ON Canada K6A 2A8 Tel: 613 632-0287 [email protected] Guelph 107-450 Speedvale Ave. West Guelph ON Canada N1H 7Y6 Tel: 519 763-0713 [email protected]