By-law 23-77 - A by-law to adopt a comprehensive Zoning By-law for the Corporation of the Municipality of Greenstone

Greenstone, Ontario · adopted 2023-11-27

This is the exact embedded text of the captured official document. Snapshot 1f56a8aed158 · verified 2026-08-28 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

THE CORPORATION OF THE MUNICIPALITY OF GREENSTONE BY-LAW 23-77 A by-law to adopt a comprehensive Zoning By-law for the Corporation of the Municipality of Greenstone WHEREAS pursuant to the provisions of the Planning Act, Section 34, the Council of a Municipality may enact by-laws regulating the use of lands and the erection of buildings or structures thereon; AND WHEREAS the Council has prepared a new comprehensive zoning by-law in compliance with Section 26 (9) of the Planning Act which requires the passing of a zoning by-law to be undertaken within three years after the approval of an official plan; NOW THEREFORE the Council of the Corporation of the Municipality of Greenstone ENACTS AS FOLLOWS: 1. THAT By-law No. 23-77 constituting the text and five associated land use schedules, known as the Zoning By-law of the Corporation of the Municipality of Greenstone is hereby passed. 2. THAT the said zoning by-law is attached as Schedule 'A' and is hereby deemed to form part of this By-law. 3. THAT all zoning by-laws and any associated amendments thereto for the former Township of Beardmore, Township of Nakina, Town of Geraldton and the Town of Longlac are hereby repealed in their entirety. 4. THAT all zoning by-laws and any amendments thereto passed under the authority of Section 34 of the Planning Act by the Municipality of Greenstone prior to November 27, 2023 are hereby repealed in the entirety. 5. THAT the zoning order for the former unincorporated Townships of Fulford, McQueston, Errington and Ashmore and any amendments thereto are hereby repealed in their entirety. 6. THAT Schedule "E", Geraldton is hereby amended by changing the zone of lands on East Street described as PIN 624132414 from R3-H and R3 respectively, to R2 and that Schedule "E" will be amended accordingly. 7. THAT this by-law shall take force and effect subject to the requirements of the Planning Act. PASSED AND ENACTED this 27th day of November 2023 ___________________________ ____________________________ Kristina Miousse, Clerk James McPherson, Mayor Original signed and sealed by K. Miousse Original signed by J. McPherson Res#23-430 287 Three Bay Road PERTH ON K7H 3C7 Tel. (613) 464-8805 [email protected] Zoning By-law Municipality of Greenstone Zoning By-law 23-77 - November 27, 2023 Municipality of Greenstone Zoning By-law File P-3000 Page i Municipality of Greenstone Zoning By-law File P-3000 Page ii Table of Contents Explanatory Note ......................................................................................................................................................................................................... xi Zoning By-law Amendments ......................................................................................................................................................................................... xi Minor Variances .......................................................................................................................................................................................................... xiii How to Use this By-law .............................................................................................................................................................................................. xiv Section 1 ADMINISTRATION .......................................................................................................................................................................................... 4 1.1 Title ................................................................................................................................................................................................................ 4 1.2 Application and Building Permits ................................................................................................................................................................... 4 1.3 Defined Area ................................................................................................................................................................................................... 5 1.4 Enforcement ................................................................................................................................................................................................... 5 1.5 Penalty ........................................................................................................................................................................................................... 5 1.6 Validity ........................................................................................................................................................................................................... 5 1.7 Other By-laws, Licenses, Permits and Regulations....................................................................................................................................... 5 1.8 Conflict........................................................................................................................................................................................................... 5 1.9 Effective Date ................................................................................................................................................................................................. 5 1.10 Metric and Imperial Terms ............................................................................................................................................................................. 6 1.11 Level of Accuracy ........................................................................................................................................................................................... 6 1.12 Defined Terms ................................................................................................................................................................................................. 6 1.13 Diagrams and Figures ..................................................................................................................................................................................... 6 1.14 Repeal of Existing By-laws ............................................................................................................................................................................ 6 Municipality of Greenstone Zoning By-law File P-3000 Page iii 1.15 Reference to Legislation ................................................................................................................................................................................ 6 1.16 Technical Revisions to the Zoning By-law ..................................................................................................................................................... 6 Section 2 CONFORMITY REQUIREMENTS ......................................................................................................................................................................... 9 2.1 Compliance ...................................................................................................................................................................................................... 9 2.2 Compliance of Severances .............................................................................................................................................................................. 9 2.3 Application to Building ................................................................................................................................................................................... 9 2.4 Minor Variances .............................................................................................................................................................................................. 9 Section 3 DEFINITIONS ............................................................................................................................................................................................... 11 3.1 General ......................................................................................................................................................................................................... 11 3.2 Definitions ..................................................................................................................................................................................................... 11 Section 4 GENERAL PROVISIONS ................................................................................................................................................................................ 105 4.1 Accessory Buildings, Structures and Uses ................................................................................................................................................ 105 4.1.1 General ................................................................................................................................................................ 105 4.1.2 Accessory Residential Uses ............................................................................................................................ 107 4.1.3 Bed and Breakfast Establishments .................................................................................................................. 108 4.1.4 Boat Houses ................................................................................................................................................. 109 4.1.5 Docks ........................................................................................................................................................... 109 4.1.6 Fences in a Residential Zone .......................................................................................................................... 110 4.1.7 Fences in a Non-Residential Zone ................................................................................................................... 110 4.1.8 Garden Suites ............................................................................................................................................... 110 4.1.9 Pumphouse .................................................................................................................................................. 111 4.1.10 Storage Containers in a Residential Zone ......................................................................................................... 111 Municipality of Greenstone Zoning By-law File P-3000 Page iv 4.1.11 Storage Containers in a Non-Residential or Rural Zone ...................................................................................... 112 4.1.12 Swimming Pools ............................................................................................................................................ 113 4.1.13 Temporary Car Shelter ................................................................................................................................... 113 4.2 Automotive Service Station, Gas Bar, Car Wash ........................................................................................................................................ 113 4.3 Buildings to be Moved ................................................................................................................................................................................. 114 4.4 Change of Use .............................................................................................................................................................................................. 114 4.5 Cumulative Standards ................................................................................................................................................................................ 114 4.6 Established Building Line in Built-up Area ................................................................................................................................................. 114 4.7 Exception Zone ............................................................................................................................................................................................ 115 4.8 Flood Plain .................................................................................................................................................................................................. 115 4.8.1 Permitted Uses Within the Flood Plain ............................................................................................................ 115 4.8.2 Prohibited Uses............................................................................................................................................. 116 4.8.3 Flood Plain Zoning Standards ......................................................................................................................... 116 4.9 Frontage on a Street .................................................................................................................................................................................. 117 4.9.1 Exceptions .................................................................................................................................................... 117 4.9.2 Exception for Existing Agreements .................................................................................................................. 118 4.10 Group Homes ................................................................................................................................................................................................ 119 4.11 Home Based Businesses ............................................................................................................................................................................... 119 4.11.1 Scope of Permitted Home Based Businesses .................................................................................................... 119 4.11.2 Zone Regulations for Home Based Businesses .................................................................................................. 121 4.12 Illumination ................................................................................................................................................................................................ 122 4.13 Kennel ......................................................................................................................................................................................................... 122 Municipality of Greenstone Zoning By-law File P-3000 Page v 4.14 Land Suitability For Use ............................................................................................................................................................................. 122 4.15 Licenses, Permits and Other By-laws ........................................................................................................................................................ 123 4.16 Loading/Delivery Space Regulations ........................................................................................................................................................... 123 4.17 Mine Hazard ................................................................................................................................................................................................ 123 4.18 Minimum Distance Separation and Special Setbacks .................................................................................................................................. 123 4.18.1 Waste Management Facility ............................................................................................................................ 124 4.18.2 Pits and Quarries ........................................................................................................................................... 124 4.18.3 Industrial Uses .............................................................................................................................................. 124 4.18.4 Minimum Distance Separation Formulae I and II .............................................................................................. 125 4.18.5 Water Bodies and Shoreline Buffer Zone .......................................................................................................... 126 4.18.6 Wetland........................................................................................................................................................ 127 4.18.7 TransCanada Pipelines ................................................................................................................................... 127 4.19 Non-Complying and Non-Conforming Buildings and Structures ................................................................................................................ 128 4.19.1 Reconstruction, Enlargement of a Non-Complying Building or Structure.............................................................. 128 4.19.2 Non-Complying Lots ...................................................................................................................................... 128 4.19.3 Non-Conforming Uses .................................................................................................................................... 129 4.19.4 Reconstruction of a Non-Conforming Use ......................................................................................................... 129 4.19.5 Prior Building Permits for a Non-Conforming Use ............................................................................................. 129 4.19.6 Road Widening Creating a Non-Complying Use ................................................................................................. 129 4.20 Occupancy Restrictions .............................................................................................................................................................................. 130 4.21 Open Storage and Outdoor Display ............................................................................................................................................................. 130 4.22 Parking, Motor Vehicles and Drive-Through Facilities .............................................................................................................................. 131 Municipality of Greenstone Zoning By-law File P-3000 Page vi 4.22.1 General ........................................................................................................................................................ 131 4.22.2 Barrier Free Parking ....................................................................................................................................... 133 4.22.3 Drive-Through Facilities ................................................................................................................................. 133 4.22.4 Commercial Vehicle, Recreational Vehicles and Recreational Equipment ............................................................ 134 4.22.5 Schedule for Parking Regulations .................................................................................................................... 135 4.23 Parts of Buildings or Structures Permitted Above Height Level ............................................................................................................... 139 4.24 Permitted Projections ................................................................................................................................................................................ 140 4.25 Prohibited Uses ........................................................................................................................................................................................... 142 4.26 Sight Triangle ............................................................................................................................................................................................. 143 4.27 Signs ............................................................................................................................................................................................................ 144 4.28 Streets, Parks, Playgrounds and Community Gardens .............................................................................................................................. 144 4.29 Temporary Buildings or Structures ........................................................................................................................................................... 144 4.30 Use by Public Authority or Public Utility ................................................................................................................................................... 145 4.31 Water and Sewage Disposal Systems ........................................................................................................................................................ 145 4.32 Zones Applying to More than One Properties ............................................................................................................................................. 145 Section 5 ZONES ..................................................................................................................................................................................................... 146 5.1 Zone Classification ..................................................................................................................................................................................... 146 5.2 Zones ........................................................................................................................................................................................................... 146 5.3 Use of Zone Symbols ................................................................................................................................................................................... 147 5.4 Holding Zone "h" Designation ..................................................................................................................................................................... 147 5.5 Interpretation of Zone Boundaries ................................................................................................................................................................ 148 Municipality of Greenstone Zoning By-law File P-3000 Page vii 5.6 Permitted Uses and Accessory Uses .............................................................................................................................................................. 149 Section 6 RESIDENTIAL LOW DENSITY (R1) ZONE ......................................................................................................................................................... 150 6.1 Permitted Uses ............................................................................................................................................................................................ 150 6.2 Zone Regulations ........................................................................................................................................................................................ 151 6.3 Additional Regulations ............................................................................................................................................................................... 153 6.4 Zone Exceptions .......................................................................................................................................................................................... 153 Section 7 RESIDENTIAL MULTIPLE (R2) ZONE .............................................................................................................................................................. 155 7.1 Permitted Uses ............................................................................................................................................................................................ 155 7.2 Zone Regulations ........................................................................................................................................................................................ 156 7.3 Additional Regulations ............................................................................................................................................................................... 158 Section 8 RESIDENTIAL MOBILE HOME (R3) ZONE ........................................................................................................................................................ 159 8.1 Permitted Uses ............................................................................................................................................................................................ 159 8.2 Zone Regulations ........................................................................................................................................................................................ 160 8.3 Additional Regulations ............................................................................................................................................................................... 161 Section 9 WATERFRONT RESIDENTIAL (RW) ZONE ....................................................................................................................................................... 162 9.1 Permitted Uses ............................................................................................................................................................................................ 162 9.2 Zone Regulations ........................................................................................................................................................................................ 163 9.3 Additional Regulations ............................................................................................................................................................................... 164 Section 10 GENERAL COMMERCIAL (C1) ZONE ........................................................................................................................................................... 165 10.1 Permitted Uses ............................................................................................................................................................................................ 165 10.2 Zone Regulations ........................................................................................................................................................................................ 166 Municipality of Greenstone Zoning By-law File P-3000 Page viii 10.3 Additional Regulations ............................................................................................................................................................................... 167 10.4 Exception Zones .......................................................................................................................................................................................... 168 Section 11 HIGHWAY COMMERCIAL (C2) ZONE .......................................................................................................................................................... 169 11.1 Permitted Uses ............................................................................................................................................................................................ 169 11.2 Zone Regulations ........................................................................................................................................................................................ 170 11.3 Additional Regulations ............................................................................................................................................................................... 171 Section 12 RESORT COMMERCIAL (C3) ZONE ............................................................................................................................................................ 172 12.1 Permitted Uses ............................................................................................................................................................................................ 172 12.2 Zone Regulations ........................................................................................................................................................................................ 173 12.3 Additional Regulations ............................................................................................................................................................................... 174 Section 13 LOCAL COMMERCIAL (C4) ZONE .............................................................................................................................................................. 175 13.1 Permitted Uses ............................................................................................................................................................................................ 175 13.2 Zone Regulations ........................................................................................................................................................................................ 175 13.3 Additional Regulations ............................................................................................................................................................................... 176 Section 14 AIRPORT COMMERCIAL (C5) ZONE ........................................................................................................................................................... 177 14.1 Permitted Uses ............................................................................................................................................................................................ 177 14.2 Zone Regulations ........................................................................................................................................................................................ 178 14.3 Additional Regulations ............................................................................................................................................................................... 178 Section 15 LIGHT INDUSTRIAL (M1) ZONE .................................................................................................................................................................. 179 15.1 Permitted Uses ............................................................................................................................................................................................ 179 15.2 Zone Regulations ........................................................................................................................................................................................ 180 Municipality of Greenstone Zoning By-law File P-3000 Page ix 15.3 Additional Regulations ............................................................................................................................................................................... 181 15.4 Exception Zones .......................................................................................................................................................................................... 181 Section 16 HEAVY INDUSTRIAL (M2) ZONE ............................................................................................................................................................... 182 16.1 Permitted Uses ............................................................................................................................................................................................ 182 16.2 Zone Regulations ........................................................................................................................................................................................ 183 16.3 Additional Regulations ............................................................................................................................................................................... 184 16.4 Exception Zones .......................................................................................................................................................................................... 184 Section 17 WASTE MANAGEMENT (WMF) ZONE ....................................................................................................................................................... 185 17.1 Permitted Uses ............................................................................................................................................................................................ 185 17.2 Zone Regulations ........................................................................................................................................................................................ 185 17.3 Additional Regulations ............................................................................................................................................................................... 186 Section 18 AGGREGATE EXTRACTIVE (MX) ZONE ....................................................................................................................................................... 187 18.1 Permitted Uses ............................................................................................................................................................................................ 187 18.2 Zone Regulations ........................................................................................................................................................................................ 187 18.3 Additional Regulations ............................................................................................................................................................................... 188 Section 19 MINING (MIN) ZONE ............................................................................................................................................................................... 189 19.1 Permitted Uses ............................................................................................................................................................................................ 189 19.2 Zone Regulations ........................................................................................................................................................................................ 190 19.3 Additional Regulations ............................................................................................................................................................................... 190 Section 20 RURAL (RU) ZONE .................................................................................................................................................................................. 191 20.1 Permitted Uses ............................................................................................................................................................................................ 191 Municipality of Greenstone Zoning By-law File P-3000 Page x 20.2 Zone Regulations ........................................................................................................................................................................................ 192 20.3 Additional Regulations ............................................................................................................................................................................... 193 Section 21 INSTITUTIONAL (I) ZONE ......................................................................................................................................................................... 193 21.1 Permitted Uses ............................................................................................................................................................................................ 193 21.2 Zone Regulations ........................................................................................................................................................................................ 195 21.3 Additional Regulations ............................................................................................................................................................................... 196 Section 22 OPEN SPACE (OS) ZONE ......................................................................................................................................................................... 197 22.1 Permitted Uses ............................................................................................................................................................................................ 197 22.2 Zone Regulations ........................................................................................................................................................................................ 197 22.3 Additional Regulations ............................................................................................................................................................................... 198 Section 23 ENVIRONMENTAL PROTECTION (EP) ZONE ................................................................................................................................................. 199 23.1 Permitted Uses ............................................................................................................................................................................................ 199 23.2 Zone Regulations ........................................................................................................................................................................................ 199 23.3 Additional Regulations ............................................................................................................................................................................... 199 Section 24 Exceptions to Zones........................................................................................................................................................................... 200 Municipality of Greenstone Zoning By-law File P-3000 Page xi Explanatory Note The purpose of this By-law is to implement the Official Plan of the Municipality of Greenstone and to regulate the use of land and the character, location and use of buildings and structures in the Municipality of Greenstone. This By-law applies to all land within the Municipality of Greenstone save and except Indigenous Reserves. The By-law is passed by the authority of Section 34 of the Planning Act. The By-law conforms to the Official Plan for the Municipality of Greenstone, the Provincial Policy Statement and the Growth Plan for Northern Ontario. After the date of adoption of this By-law, any new development, redevelopment or alteration to an existing use, building or structure must comply with the regulations of this By-law before a building permit can be issued. Applicants are encouraged to pre-consult with the Municipality on how the zoning regulations apply. Changes to the regulations contained in this By-law may be made with prior approval from the Municipality as provided for under the Planning Act. Changes may require an amendment to the Zoning By-law, or a minor variance. Zoning By-law Amendments The Zoning By-law may be amended where the proposed amendment complies with the Municipality's Official Plan. In accordance with the requirements of Section 34 of the Planning Act, the usual procedure for amendments involves the following steps: (1) The person or public body wishing to amend the Zoning By-law must consult with the municipality before making an application. The application may then be made to the Clerk of the Corporation of the Municipality of Greenstone to amend the By-law under (subsection 34(10.0.1) of the Planning Act). Applications are available from the Municipal office: 1800 Main Street, Box 70, Geraldton, Ontario, P0T 1M0. Tel. (807) 854-1100 or on the Municipality's website www.greenstone.ca (2) Designated staff will determine whether the application is a 'complete' application. Additional information, reports or studies may be required to support the proposed amendment before the application is considered complete. Applicants are required to submit a public consultation strategy as part of the application. Council has 30 days from the date of the application to determine whether the application is complete (s. 34(10.1-10.3)). A complete application also requires that the Municipality's application fee is paid. (3) Once the application is considered complete, staff circulates to the applicant and prescribed agencies and bodies a Notice of Complete Application (s. 34(10.4)). If Council deems an application incomplete or does not make a decision within 30 days Municipality of Greenstone Zoning By-law File P-3000 Page xii from the date of application, the person or public body may appeal to the Ontario Land Tribunal (LPAT) to determine whether the application is complete (s. 34(10.5). (4) If an application is considered complete, staff advertises that a Public Meeting will be held in order to consider an amendment to the Zoning By-law. Advertisement is given 20 days in advance of the public meeting (s. 34(12-13, 14.1)). The advertisement may be placed in the local newspaper, or may be mailed, faxed or emailed to all property owners within 120 m of the property affected by the application. Where the notice is mailed, the applicant must also post a notice in a location on the property to be zoned that is visible from the adjacent street. (5) Council holds a Public Meeting and evaluates the appropriateness of the proposed amendment. Council considers the proposal's conformity with the Official Plan, adequacy of services, conformity with the provisions of the requested zone, suitability of the proposed use in the proposed location, public input, etc. The application must also be consistent with the Provincial Policy Statement and must also comply with the Growth Plan for Northern Ontario. If the application is considered satisfactory, the amending By-law is passed by Council. (6) Within 15 days of the passing of the by-law, the Clerk will give written notice of the decision of Council through a notice by mail, fax or email to the applicant and to anyone who made a written request to receive notice of the decision (s. 34(10.9, 18)). (7) If Council refuses the application and does not amend the zoning by-law, the Clerk must give written notice with reasons to the applicant as to why the application was refused. The notice must be given within 15 days of Council's decision. (8) Any person who gave their opinion at a public meeting or who submitted their concerns in writing to the Clerk before the by-law was passed may appeal the decision of Council to the Ontario Land Tribunal. The appeal must be filed with the Clerk within the 20-day appeal period set out in the notice of the passing of the Zoning By-law amendment (s. 34(19)), must set out planning reasons for the appeal and must include a cheque for the required appeal fee payable to the Minister of Finance. If a person does not make an oral or written submission prior to council passing the by-law, they may not appeal Council's decision. (9) Certain matters may not be appealed including: an alteration to a settlement area boundary or a new settlement area; permitting a renewable energy undertaking; and, permitting an additional residential unit. (10) If Council refuses to approve the application or Council does not make a decision within 90 days from the date the application the person or public body may appeal to the Ontario Land Tribunal (s. 34(11)). An appeal of a refusal must be made within 20 Municipality of Greenstone Zoning By-law File P-3000 Page xiii days of the date of the decision or within 20 days of the lapsing of the 90-day period (s. 34(11, 11.0.2)). No appeals are permitted for any dwelling defined as an additional residential unit. (More Homes Built Faster Act, 2022) (11) Where an appeal is made, Council may opt for mediation or dispute resolution to resolve the objection by giving notice to the appellant(s) (s. 34 (20.2). Participation by the appellant(s) is voluntary but where agreed to, the period for mediation is 75 days. (12) An amendment to the Zoning By-law takes effect on the day the by-law was passed by Council provided no appeal is filed. (13) If a decision or lack of a decision is appealed to the Ontario Land Tribunal, the Tribunal can make any decision the Council of the Municipality had in regard to the specific application (s. 34(26)). In other words, the Ontario Land Tribunal can approve, or refuse the application or approve the application in part. (14) Where a decision is not made by Council within the prescribed time period of the Planning Act, Council is required to refund a portion or all of the application fee as follows: a. 50% if no decision is made within 90 days from the date of a complete application (s. 34(11), or 120 days (s. 34(11.0.0.0.1) for concurrent official plan and zoning by-law amendment. b. 75% if no decision made within 150 days from the date of a complete application (s. 34(11), or 180 days (s. 34(11.0.0.0.1) for concurrent official plan and zoning by-law amendment. c. 100% if no decision made within 210 days from the date of a complete application (s. 34(11), or 240 days (s. 34(11.0.0.0.1) for concurrent official plan and zoning by-law amendment. How long does a zoning By-law amendment take to be approved? Upon the receipt of a complete application (including any required supporting studies), a zoning By-law amendment usually takes 2-3 months to complete. The level of complexity and issues related to the proposal will affect the time line. Minor Variances A minor variance may be granted to the zoning by-law where the size or shape or other conditions prevent an applicant from meeting the zoning standards provided the criteria can be met. Criteria for evaluating of Minor Variances are set out in section 45(1) of the Planning Act): Municipality of Greenstone Zoning By-law File P-3000 Page xiv (1) The general intent and purpose of the Official Plan are maintained; (2) The general intent and purpose of the Zoning By-law are maintained; (3) The variance is minor; and (4) The proposed use of land, building or structure is desirable for appropriate development. An application for a minor variance must meet all of the above four tests to be approved in addition to any other criteria that the Municipality has established. Where a proposed variance is not minor or cannot satisfy the criteria for a minor variance, an amendment to this Zoning By-law may be required. Applications for a minor variance are available from the municipal office: 1800 Main Street, Box 70, Geraldton, Ontario, P0T 1M0. Tel. (807) 854-1100 or on the Municipality's website www.greenstone.ca How long does a minor variance application take to be approved? Upon the receipt of a complete application a minor variance application usually takes 1-2 months to complete. The level of complexity and issues related to the proposal will affect the time line. How to Use this By-law Step 1 - Locate Your Property and Determine the Zone Use the zoning schedules (maps) at the end of this document to locate the property you are interested in. Identify the zone symbol that applies to that property. Zone examples include R1, R2, C1, and M1. Step 2 - Verify status of any Zoning By-law Amendments A Zoning by-law is not a static document; it is amended over time as demands and policies governing land use change. Before proceeding any further, you should verify that your property is not the subject of an earlier Zoning By-law Amendment. While the Municipality strives to keep the By-law up-to-date, more recent amendments may not be included in the version of Municipality of Greenstone Zoning By-law File P-3000 Page xv the By-law you are using. Municipal staff will be able to assist you to confirm if your property has been the subject of a more recent amendment. Step 3 - Determine What Uses are Permitted in the Zone Use the Permitted Uses section of the Zone to determine what use(s) is/are permitted in the Zone. Run your finger down the list to find the use you are interested in. If you find the use you are interested in, it is permitted in the Zone. Otherwise, it is not permitted in that Zone. Step 4 - Determine What Zone Regulations Apply Once the use is determined to be permitted, move down to the Zone Regulations section. In this section the regulations will indicate what the minimum regulations will be, i.e., minimum lot area, lot frontage, building setbacks etc. These standards will help you determine where you can locate a building or structure on your lot. Step 5 - Determine if any General Provisions Apply Development of the property may be affected by Section 4 (General Provisions). General Provisions can apply to any zone anywhere in the municipality. This section contains provisions that apply to such matters as Accessory Uses, Height Exceptions, Home Based Businesses, parking etc. Use this section to determine how a particular land use might be affected. For example, Section 4.22 provides the parking requirements for all uses permitted in the Municipality. If you are considering changing the use of your property or adding a new use to your property, you should review Section 4.22 to ensure that you are aware of the parking requirements. Step 6 - Clarify the Meaning of a Use Throughout the By-law some words are shown in black italicized script. These words are defined in Section 3 (Definitions). If you are unsure as to what a particular word means or what the scope of a permitted use includes, then refer to the alphabetical list of definitions to assist you. This section also contains illustrations which are intended to help with understanding the definition. Municipality of Greenstone Zoning By-law File P-3000 Page xvi By-Law 23-77 A by-law to adopt a comprehensive Zoning By-law for the Corporation of the Municipality of Greenstone WHEREAS pursuant to the provisions of the Planning Act, Section 34, the Council of a Municipality may enact by-laws regulating the use of lands and the erection of buildings or structures thereon; AND WHEREAS the Council has prepared a new comprehensive zoning by-law in compliance with Section 26 (9) of the Planning Act which requires the passing of a zoning by-law to be undertaken within three years after the approval of an official plan; NOW THEREFORE the Council of the Corporation of the Municipality of Greenstone ENACTS AS FOLLOWS: 1. THAT By-law No. 23-77 constituting the text and five associated land use schedules, known as the Zoning By-law of the Corporation of the Municipality of Greenstone is hereby passed. 2. THAT the said zoning by-law is attached as Schedule 'A' and is hereby deemed to form part of this By-law. 3. THAT all zoning by-laws and any associated amendments thereto for the former Township of Beardmore, Township of Nakina, Town of Geraldton and the Town of Longlac are hereby repealed in their entirety. 4. THAT all zoning by-laws and any amendments thereto passed under the authority of Section 34 of the Planning Act by the Municipality of Greenstone prior to November 27, 2023 are hereby repealed in the entirety. 5. THAT the zoning order for the former unincorporated Townships of Fulford, McQueston, Errington and Ashmore and any amendments thereto are hereby repealed in their entirety. 6. THAT Schedule "E", Geraldton is hereby amended by changing the zone of lands on East Street described as PIN 624132414 from R3-H and R3 respectively, to R2 and that Schedule "E" will be amended accordingly. 7. THAT this by-law shall take force and effect subject to the requirements of the Planning Act. Municipality of Greenstone Zoning By-law File P-3000 Page 4 Section 1 ADMINISTRATION 1.1 Title This By-law shall be known as the Zoning By-law or By-law 2023- of the Corporation of the Municipality of Greenstone and shall consist of the text and one or more schedules attached hereto. 1.2 Application and Building Permits In addition to the requirements of the Municipality of Greenstone Building By-law, every planning application or application for a building permit shall be accompanied by information required to determine compliance with this By-law. The regulations of this By-law must be met before a building permit is issued by the Municipality for the erection of any building or structure. Explanatory Note for Site Plan Drawings A site plan drawn to scale should be prepared which illustrates  The true dimensions of the lot to be built upon;  The proposed location, height and dimensions of any proposed building or structure;  The setbacks of all existing and proposed buildings or structures from the nearest lot lines; the location and number and dimensions of parking spaces (conventional, cycling and barrier-free), parking aisles, driveway access, parking areas, loading spaces and daylighting triangles;  The location of utility easements, fire hydrants and sidewalks  Landscaping details, lot grading and on-site stormwater features  Natural features such as wetlands, water bodies and flood prone areas Explanatory Note Section 1 identifies the administrative controls and requirements of the By-law. It names the By-law, states its relationship with other By-laws, defines the area to which the By-law applies, how the By-law is to be enforced, etc. In essence, it identifies the legal parameters within which the By-law functions. Municipality of Greenstone Zoning By-law File P-3000 Page 5 1.3 Defined Area The provisions of this By-law shall apply to all lands within the municipal boundaries of the Corporation of the Municipality of Greenstone save and except lands that are of the exclusive jurisdiction of an Indigenous Community. 1.4 Enforcement This By-law shall be enforced by the Clerk or such other persons as may from time to time be designated by Council, and no permit for the use of land or for the erection or use of any building or structure or approval of application for any municipal license within the jurisdiction of the Council shall be issued or given where the proposed building, structure or use would be a violation of any provision of this By-law. 1.5 Penalty Any person who contravenes any provision of this By-law is guilty of an offence and upon conviction is liable to the fine(s) as provided for under the Planning Act, R.S.O., 1990, c. P.13, as amended. 1.6 Validity A decision of a Court stating that one or more of the provisions of this By-law are invalid in whole or in part does not affect the validity, effectiveness, or enforceability of the other provisions or parts of the provisions of this By-law. 1.7 Other By-laws, Licenses, Permits and Regulations Nothing in this By-law shall exempt any person from complying with the requirements of any other By-law in the Municipality of Greenstone, or from applying for and obtaining any permit, license, permission, authority or approval required by this or any other By-law or regulation of the Corporation or by any requirement of the Province of Ontario or the Government of Canada. 1.8 Conflict In the event of a conflict between this By-law and amendments thereto, and any general or special By-law, the most restrictive By-law shall prevail. 1.9 Effective Date This By-law shall take effect from the date of its passage by Council, subject to the provisions of the Planning Act. Municipality of Greenstone Zoning By-law File P-3000 Page 6 1.10 Metric and Imperial Terms The imperial measurements contained in this By-law are included for convenience and do not form part of the By-law. The metric measurements contained in this By-law are the only measurements to be used in determining compliance with the By- law. 1.11 Level of Accuracy All calculations of the regulations of this By-law shall be to one decimal place, and in no case shall there be a rounding to such decimal place. In the event of any conflict between the zone regulations of this By-law, the more restrictive regulation(s) shall apply. 1.12 Defined Terms All defined terms are shown in bold italicised script throughout this By-law. 1.13 Diagrams and Figures This By-law contains a number of diagrams and figures which are intended to assist with the interpretation of the By-law; however, they do not form part of this by-law unless otherwise stated. 1.14 Repeal of Existing By-laws Upon this By-law coming into effect, any zoning By-laws or amendments thereto passed under Section 34 of the Planning Act or a predecessor thereto are hereby repealed. The adoption of this By-law shall not prevent any current, pending or future prosecution or action to abate any existing violation of previous By-laws. Despite the above, any temporary use by-law passed under Sections 34 and 36 of the Planning Act, shall continue to apply. 1.15 Reference to Legislation Where this Zoning By-law makes reference to legislation, then the references shall be deemed to mean the statute currently in force and any amendments thereto and all applicable regulations thereunder. 1.16 Technical Revisions to the Zoning By-law Revisions may be made to this by-law without the need for a zoning by-law amendment in the following cases: Municipality of Greenstone Zoning By-law File P-3000 Page 7 1. Correction of grammar or typographical errors or revisions to format in a manner that does not change the intent of the By-law. 2. Adding or revising technical information on the zoning maps or schedules that does not affect the zoning of lands including, but not limited to, matters such as updated and correcting infrastructure information, keys, legends or title blocks. 3. Changes to appendices, headings indices, marginal notes, table of contents, illustrations, historical or reference information, page numbering, footers or headers, which do not form part of this By-law and are editorially inserted for convenience or reference only. 1.17 Interpretation 1. Legislation Act The Legislation Act applies to this By-law. 2. Definitions Definitions are given in this By-law to aid in the understanding and implementation of the intent and meaning of the By- law. They are not to be used to avoid an obligation imposed by the By-law or any requirement enacted in a substantive provision of the By-law. 3. Citation This By-law may be cited by its long title ("A By-law to Regulate the Use of Land, Buildings and Structures within the Municipality of Greenstone"), its short title ("Municipality of Greenstone Zoning By-law") or its by-law number and any such citation is to be taken as meaning the By-law as amended. 1. Gender Neutrality This By-law is gender neutral and, accordingly, any reference to one gender includes any other and non-binary. 2. Grammar In this By-law, words in the singular include the plural, and words in the plural include the singular. The word "shall" is mandatory. Words in the present tense include the future tense. Municipality of Greenstone Zoning By-law File P-3000 Page 8 3. References Appendices, examples, footnotes, glossaries, headings, indices, marginal notes and references to former enactments or enabling legislation after a section or other division of the By-law, do not form part of the By-law and are inserted for convenience of reference only. 4. Measurement Units This By-law utilizes the metric system to establish measurements when such measurements form part of a regulation or a requirement. (Imperial measurements are provided for the convenience of the reader and are not a legal part of this By- law.) Where linear distances other than those referring to vertical measurements are specified, such linear distances are to be measured on a horizontal plane. The metric measurements contained in this By-law are the only measurements to be used in determining compliance with the By-law. 1.18 Pre-Consultation Applicants are required to consult with the Municipality prior to submission of the following applications: 1. Application for Consents 2. Application for a Minor Variance or Permission 3. Application for Site Plan Control 4. Application for Official Plan and Zoning By-law Amendments 5. Application for Part-Lot Control or Validation of Title. Without a pre-consultation meeting and/or submission of all required information or material, the Municipality may deem an application incomplete. Municipality of Greenstone Zoning By-law File P-3000 Page 9 Section 2 CONFORMITY REQUIREMENTS 2.1 Compliance No land, building or structure shall be used and no building or structure shall be erected or enlarged, altered or placed for any purpose within the area defined by this By-law, except as specifically, or by necessary implication, authorized by this By-law and in conformity with all the applicable provisions of this By-law. 2.2 Compliance of Severances Subject to the granting of such minor variances as may be approved, no lands shall be severed from any existing lot if the effect of an approval for severance is to cause the original, adjoining, remaining or new building, structure, lot or use of land to be in contravention of any provision of this By-law. 2.3 Application to Building Where a use does not take place within a building, but a regulation in this By-law imposes a requirement premised on the use being in a building, the requirement applies, with necessary modifications, as though the actual area occupied by the use was in a building. 2.4 Minor Variances All minor variances applied for prior to the enactment of this By-law and finally approved pursuant to Section 45 of the Planning Act, R.S.O., 1990, c. P.13, as amended, shall continue to apply and remain in force as if they are variance to this By-law. In addition to the criteria set out in Section 45 (1) of the Planning Act, the following additional criteria shall be considered in the review of applications for a minor variance: 1. Development must generally conform to policies and zoning for shoreline vegetation buffer. Explanatory Note This short section establishes the authority of the By-law. It requires that all land uses, buildings and structures must comply with this Zoning By-law. Municipality of Greenstone Zoning By-law File P-3000 Page 10 Explanatory Note (Minor Variance Applications) The Committee of Adjustment, as appointed by Council, is duly authorized under Section 45 of the Planning Act, upon the application of the owner of any land, building or structure affected by this By-law, to grant a minor variance from the provisions of this By-law as in its opinion is desirable for the appropriate use of the land, building or structure if the general intent of the Zoning By-Law and Official Plan are maintained. Minor variances may, for example, be granted to the lot area, lot frontage, setbacks, height of buildings, parking provisions or any other standard set out in this By-Law. Criteria for evaluating Minor Variances (section 45(1) of the Planning Act): 1. The general intent and purpose of the Official Plan are maintained; 2. The general intent and purpose of the Zoning By-law are maintained; 3. The variance is minor; and 4. The proposed use of the land, building or structure is desirable for the appropriate development of the land. Municipality of Greenstone Zoning By-law File P-3000 Page 11 Section 3 DEFINITIONS 3.1 General Definitions of words and phrases used in this By-law that are not included in the list of definitions in Section 3 shall have the meanings that are commonly assigned to as defined in a dictionary. 3.2 Definitions Abattoir Means a building specifically designed to accommodate the penning and slaughtering of live animals and the preliminary processing of animal carcasses and may include the packing, treating, refrigeration and sale of the product on the premise. Accessory When used to describe a use, building or structure, shall mean a use, building or structure naturally or normally incidental, subordinate and exclusively devoted to a principal use, building or structure and located on the same lot therewith [see Figure 3.1]. Explanatory Note For the purpose of this By-law, the definitions and interpretations given in this Section shall govern. In this By-law, the word "shall" is mandatory and not directory; words in the singular include the plural, words in the plural include the singular; the word "used" includes "arranged", "designed" or "intended to be used". The word "occupied" shall include "designed to be occupied" and "arranged to be occupied". Municipality of Greenstone Zoning By-law File P-3000 Page 12 Examples of accessory buildings or structures are a detached garage, a storage shed, a storage container, a swimming pool or a satellite dish. Examples of accessory uses are a home based business, an apartment above a store, or a retail outlet within a manufacturing plant. Accessory Dwelling - see dwelling, Accessory Accessory Apartment - see Dwelling - Accessory Apartment Accessory Dwelling Unit = see Dwelling, Accessory Dwelling Unit Examples of accessory buildings or structures are a detached garage, a storage shed, a storage container, a swimming pool or a satellite dish. Examples of accessory uses are a home based business, an apartment above a store, or a retail outlet within a manufacturing plant. Figure 3.1: Accessory Building and Main Building Municipality of Greenstone Zoning By-law File P-3000 Page 13 Adult Entertainment Parlour Means any building or part thereof in which are provided, in pursuance of a trade, calling, business or occupation, services appealing or designed to appeal to erotic or sexual appetites or inclinations but excludes a body rub service. Adventure Game Means an outdoor sport or recreational commercial establishment operated commercially in which participants engage in games mimicking combat-type roles and which may include the use of paint ball or similar equipment. Adverse Effects Means one or more of: 1. Impairment of the quality of the natural environment for any use that can be made of it; 2. Injury or damage to property or plant or animal life; 3. Harm or material discomfort to any person; 4. An adverse affect on the health of any person; 5. Impairment of the safety of any person; 6. Rendering any property or plant or animal life unfit for human use; 7. Loss of enjoyment of normal use of property; and 8. Interference with normal conduct of business. Municipality of Greenstone Zoning By-law File P-3000 Page 14 Aggregate Means gravel, sand, clay, earth, shale, limestone, dolostone, sandstone, marble, granite, rock or other material prescribed under the Aggregate Resources Act suitable for construction, industrial, manufacturing and maintenance purposes but does not include metallic ores, asbestos, graphite, kyanite, mica, nepheline syenite, salt, talc, wollastonite, mine tailings or other material prescribed under the Mining Act or the Aggregate Resources Act. Agricultural Use Means the use of land, building(s) or structure(s) for: 1. The growing of crops, including but not limited to nursery and horticultural crops and all related activities such as soil preparation, manure or fertilizer spreading, planting, spraying, grain drying, irrigating, harvesting and also including the storage and sale of the crops produced on the lands. 2. Animal husbandry including the raising, boarding, and keeping of all forms of livestock, including poultry and fish, aquaculture, apiaries and all related activities such as breeding, training, feeding and grazing. 3. Agro-forestry, maple syrup production. 4. The production of animal products including but not limited to milk, eggs, wool, fur, or honey, and all related activities such as the collection, storage and sale of the products produced on the lands. 5. The use and storage of all forms of on-farm buildings and structures, equipment or machinery needed to accomplish the foregoing activities. 6. Agricultural use shall be deemed to include on-farm diversified uses. Municipality of Greenstone Zoning By-law File P-3000 Page 15 Agri-tourism Uses Means those farm-related tourism uses, including limited accommodation such as a bed and breakfast establishment, that promote the enjoyment, education or activities related to the farm operation. Agriculturally Related Commercial/Industrial Uses Means those farm-related commercial and farm-related industrial uses that are directly related to farm operations in the area, support agriculture, benefit from being in close proximity to farm operations, and provide direct products and/or services as a primary activity including but not limited to animal husbandry services, produce or grain storage facilities, farm machinery outlets and fertilizer depots. Airport or Aircraft Landing Area Means land, lot or buildings used for the purpose of landing, storing, taxiing or taking-off of private or commercial aircraft and associated uses, buildings or structures installations and equipment accessory thereto, and shall include a commercial airport or airport governed by the Aeronautics Act. Aisle Means the traveled way by which motor vehicles enter and depart parking spaces or loading/delivery spaces or a parking area [see Figure 3.2]. Figure 3.2: Examples of Parking Aisle Municipality of Greenstone Zoning By-law File P-3000 Page 16 Alter When used in reference to a building, structure or part thereof, means: 1. To change any one or more of the internal or external dimensions of such building or structure; or 2. To change the type of construction of the exterior walls or roof of such building or structures; or 3. To change the use of such building or structure or the number or types of uses or dwelling units contained therein. When used in reference to a lot means: 1. To change the boundary of such lot with respect to a street or lane; or 2. To change any dimension or area, relating to such lot (e.g., width, depth or area of a lot or required yard, landscaped open space or parking area); or 3. To change the use of such lot or the number of uses located thereon. When used in reference to a shoreline means to change, straighten, divert or interfere in any way with the channel of any water body or the lands surrounding the high-water mark of a water body. Altered and alteration shall have corresponding meanings. Ambulance Facility Means a building or part thereof where professional paramedics and personnel are stationed and their motor vehicles and equipment are kept or stored. Municipality of Greenstone Zoning By-law File P-3000 Page 17 Animal Day Care Establishment Means a commercial premise used for a day care service for domestic pets, but shall not include an animal shelter or kennel. Animal Pound Means a commercial premise facility for stray, abandoned, lost, donated animals, or animals running at large contrary to an animal control by-law where such animals are impounded for some period prior to returning such animal(s) to their owners, and shall include 1) the care, veterinary treatment, sale, disposition or euthanasia of an animal, and 2) a dog run. Animal Shelter Means a building, structure where animals, birds or other livestock are examined or treated and which may be kept on a short- term basis, and may include the premises of a veterinarian or veterinary surgeon, but does not include a commercial kennel. Apartment Building - see Dwelling - Apartment Archaeological Resources Includes artifacts, archaeological sites, marine archaeological sites, as defined under the Ontario Heritage Act. This identification and evaluation of such resources are based upon archaeological fieldwork undertaken in accordance with the Ontario Heritage Act. Areas of Archaeological Potential Means areas with the likelihood to contain archaeological resources. Criteria to identify archaeological potential are established by the province. The Ontario Heritage Act requires archaeological potential to be confirmed by a licensed archaeologist. Area of Natural and Scientific Interest (ANSI) Municipality of Greenstone Zoning By-law File P-3000 Page 18 Means areas of land and water containing natural landscapes or features that have been identified by the Ministry of Natural Resources and Forestry as having life science or earth science values related to protection, scientific study or education. Artisan Shop or Studio - see Studio Asphalt Plant Means an industrial facility used for the production of asphalt for immediate use in the paving of roads and driveways and the damp-proofing of buildings or structures. Assembly Hall - see Place of Assembly Attached Means a building or structure otherwise complete in itself which is connected to, and which depends for structural support upon a division wall or walls shared in common with an adjacent building or buildings. Attic Means that portion of a building immediately below the roof and wholly or partly within the roof framing. Auction Hall Means a premise used for the storage of goods or materials which are to be sold on the premises by public auction and for the sale of the said goods and materials by public auction. Auditorium - see Place of Assembly Municipality of Greenstone Zoning By-law File P-3000 Page 19 Auto Body Shop Means a commercial premise where painting, refinishing, restoration, alterations, or repairs are made to motor vehicles, but does not include a wrecking or salvage yard or auto repair garage. Auto Rental Establishment Means commercial premise engaged in the rental of passenger automobiles, recreational vehicles or trucks and where such vehicles may be dropped off or picked up. Auto Repair Garage Means a commercial premise for the storage, repair and servicing of motor vehicles or recreational vehicles. Automotive Sales Establishment Means a commercial premise for the display, storage and sales or leasing, or renting of new and/or used motor vehicles and recreational vehicles and related products, and may include accessory uses such as an Auto Repair Garage and/or Auto Body Shop, administrative offices and a customer lounge. Automotive Service Station Means a premise used for the sale of fuels or energy products, for motor vehicles or recreational vehicles and may include accessory uses such as an auto repair garage, the renting, servicing, repairing, lubrication, cleaning and polishing of vehicles and the sale of automotive accessories and related products, and the leasing or renting of motor vehicles, but shall not include any other automotive use defined in this By-law [see also Gas Bar]. Automobile Wrecking Yard - see Wrecking or Salvage Yard Municipality of Greenstone Zoning By-law File P-3000 Page 20 Backlot Means a lot separated from a water body or watercourse by a street or private road and/or at least one (1) lot that has direct frontage on a water body. Balcony Means an open platform projecting from the face of a building's wall, cantilevered or supported by columns or brackets and surrounded by a balustrade or railing. Bank or Financial Institution Means a chartered bank, finance company office, co-op, trust company, loan company or similar establishment. Barrier Free Means that which can be approached, entered and used by persons with physical or sensory disabilities. Basement Means that portion of a building between two floors which is partly underground but which has at least one-half of its height from floor to ceiling above the adjacent finished grade. [See Figure 3.7] Batch Plant, Asphalt or Concrete Means an industrial facility used for the production of asphalt or concrete products, used in building or construction and includes but is not limited to facilities for the administration or management of the business, the stockpiling of bulk materials used in the production process of finished products manufactured on the premises and the storage and maintenance of equipment. Bed and Breakfast Establishment Municipality of Greenstone Zoning By-law File P-3000 Page 21 Shall mean a single detached dwelling or a dwelling unit in which no more than four (4) guest rooms are made available for the temporary accommodation of the traveling or vacationing public on a daily basis. Such an establishment shall be occupied or operated by the owner of the dwelling unit for the purposes of supervision and the provision of breakfast to those persons temporarily residing in the establishment (guests), but shall not offer services to non-guests. Bingo Hall Means a building or part thereof used for bingo or a bingo event. Boarding House Means a dwelling other than a single-detached dwelling which contains three (3) or more rooming units wherein, for remuneration, lodgings, with or without meals, are provided to the public. (See also Lodging House Establishment.) Boat House Means a one-storey accessory building used for the storage of boats and boating equipment. Boat Launch Means a use of land adjacent to a water body that is used to launch and remove boats, marine vessels and watercraft. Boat Slip Means a single mooring space for a boat, marine vessel or watercraft forming part of a dock, boat house or other mooring facility. Brewery or Winery Municipality of Greenstone Zoning By-law File P-3000 Page 22 Means a building used primarily for the manufacturing, processing and distribution of beer, cider and wine and may include an accessory retail outlet. Building Means any structure consisting of walls, roof and floors used or intended for sheltering any use or occupancy. The word "building" shall include the whole of such structure or part thereof. Building, Accessory - see Accessory Building Envelope Means the buildable area on a lot, defined by all of the required yards and setbacks and the maximum height provisions, within which a building can be erected [see Figure 3.3]. Building Height - see Height Building Inspector or Building Official - see Chief Building Official Building, Main Means a building in which is conducted the principal uses of the lot on which the building is located [see Figure 3.1]. Figure 3.3: Building Envelope Municipality of Greenstone Zoning By-law File P-3000 Page 23 Building Line Means a line within a lot drawn parallel or concentric to a lot line establishing the minimum distance between that lot line and any portion of a building or structure which may be erected [see Figure 3.4]. Building, Mixed Use Means a building containing more than one land use (e.g., retail commercial and residential, office and residential, industrial and retail) that is designed and constructed as a single building. Building Separation Means the least horizontal distance permitted between the nearest portions of the walls of any buildings on a lot [see Figure 3.5]. Building Supply Store or Depot Means a building where building supplies such as lumber, millwork, siding, roofing, plumbing, electrical, heating, hardware, air conditioning, home improvement and similar goods are stored, displayed, or kept for retail or wholesale sale and may include a bulk storage yard. This definition shall not include a wrecking yard. Figure 3.4: Building Line Figure 3.5: Building Separation Municipality of Greenstone Zoning By-law File P-3000 Page 24 Building, Temporary Means a building or structure intended for removal or demolition within a prescribed time period not exceeding two years or as set out in a building permit or temporary use by-law. Built Heritage Resources Means buildings, structures, monuments, installations or any manufactured remnant that contributes to a property's cultural heritage value or interest as identified by a community, including an Aboriginal community. Built heritage resources are generally located on property that has been designated under Parts IV or V of the Ontario Heritage Act, or included on local, provincial or federal registers. Bulk Fuel Depot Means lands, buildings and structures for the storage, distribution of fuels and oils and may include retail sales or key lock operations. Bulk Storage Yard Means land or a lot used for the storage in the open or partially sheltered, of goods and materials and without limiting the foregoing shall include lumber, building supplies, construction equipment, but shall not include a wrecking yard. Call Centre Means a building or part thereof where incoming and/or outgoing calls are handled by people, telephones and computers which are related to customer support, credit services, card services, telemarketing, interactive voice response, or similar services. Camp (Hunt Camp, Fishing Camp) Municipality of Greenstone Zoning By-law File P-3000 Page 25 Means a non-commercial building or structure intended to provide basic shelter and accommodation on a temporary basis for persons engaged in such activities as hunting, fishing, snowmobiling, hiking or other similar forms of recreation but does not include a seasonal dwelling. Campground Means an area of land, managed as a unit, providing short term accommodation or overnight camping for tents, tent trailers, recreational vehicles or rental cabins. A campground may include accessory uses, buildings and structures such as an accessory dwelling, laundromat, convenience store, pavilion, recreation hall, beach, the sale of propane fuels or firewood or other goods or supplies and equipment rentals that are accessory to the operation of the campground. Camp Site Means a parcel of land within a campground that is maintained as a site for the location of a tent, tent trailer, recreational vehicle or truck camper, but not a mobile home. Cannabis Means a cannabis plant, including the phytocannabinoids produced by or found in such a plant regardless of whether that part has been processed or not and any substance or mixture of substances that contains or has on it and part of such a plant and any substance that is identical to a phytocannabinoid produced by or found in such a plant regardless of how the substance was obtained. Cannabis Retail Store or Dispensary Means any use of land, building, structure or part thereof used for the retail sale of cannabis or any product or substance produced in whole or part from cannabis, and shall be deemed to include a licensed Ontario Cannabis Retailer under the Ontario Cannabis Retail Corporation Act, 2017. Municipality of Greenstone Zoning By-law File P-3000 Page 26 Canopy Means a roof-like structure projecting from the exterior face of a building or is a stand-alone structure over a pump island or gas bar. Car Port Means a structure open on at least two sides and intended to be used for the sheltering of one or more motor vehicles. A car port attached to the main building is not an accessory structure. [See Figure 3.6] Car Wash Means a commercial building or portion thereof used for the washing or cleaning of motor vehicles. A car wash may be an accessory use to a permitted automotive use. Catering Establishment Means a commercial premise or a home based business in which food and beverages are prepared for consumption off the premises and are not served to customers on the premises. Cellar Means the portion of the building below the first floor, which is partly or wholly underground and which has more than Figure 3.6: Car Port Figure 3.7: Cellar and Basement Municipality of Greenstone Zoning By-law File P-3000 Page 27 one-half of its height from floor to ceiling or to the underside of the floor joists below the finished grade [see also Basement and Figure 3.7]. Cemetery Means a cemetery within the meaning and as regulated by the Funeral, Burial and Cremation Services Act, 2002 and includes a mausoleum, columbarium or other building or structure intended for the interment of human remains. Cemetery, Pet Means a use of land for the interment of animal remains of a domestic pet. Chief Building Official Means an officer or employee of the Corporation charged with the duty of enforcing the provisions of the Building Code Act. Church - see Place of Worship Clinic Means a building or part thereof used solely for the purpose of consultations, diagnosis and treatment of patients, by qualified health practitioners and without limiting the generality of the foregoing, the building may include administrative offices, waiting rooms, laboratories, professionals (e.g., physicians, dentists, optometrists, chiropodists, chiropractors or drugless practitioners). Club, Private Municipality of Greenstone Zoning By-law File P-3000 Page 28 Means a building or part of a building used as a meeting place by an association of persons who are bona fide members, which owns, hires or leases the building or part thereof, the use of such premises being restricted to members and their guests for social, cultural, recreational, business or athletic purposes. Commercial Greenhouse, Nursery or Garden Centre Means a building and/or outdoor area primarily used for the growing of flowers, sod, vegetables, shrubs or bushes, trees, landscaping or orchard stock and similar vegetation for wholesale or retail sale on or off the premises and may include the incidental sale of gardening supplies, gardening tools, planting materials, fertilizers, pesticides, lawn furniture and equipment. Commercial Parking Lot Means a lot forming the principal use of the land which is used for the temporary parking of two or more motor vehicles for profit or gain. Commercial Use or Commercial Premise Means the use of land, buildings or structures used by a business or enterprise for the purpose of buying and/or selling commodities and supplying services. In a multiple tenancy building occupied by more than one business, each business area shall be considered separate premise. Commercial Vehicle Means a motor vehicle having permanently attached thereto a truck or delivery body and includes ambulances, hearses, fire apparatus, police vehicles, motor buses and tractor trailers used for hauling purposes on the highway. Communications Facility Means an installation which transmits receives and/or relays communications such as a microwave relay tower, telephone line, cellular telephone tower, wireless internet tower, radio or television broadcast tower or similar facility approved by a federal Municipality of Greenstone Zoning By-law File P-3000 Page 29 regulator. Community Centre - see Place of Assembly Community Garden Means a site operated by community members and/or a community organization where lands are used for the growing of produce, flowers and native plants for non-profit use through individual or shared plots. Condominium Means a building or buildings or land or part thereof which is held in separate private ownership and where common elements are owned by the tenants in common (e.g., recreational facilities, open space, outdoor areas, etc.) and which is administered and maintained by a corporation pursuant to the provisions of the Condominium Act. A condominium may be for a residential use, commercial use or industrial use. Conservation Use Means the use of lands which are intended to remain open in character with the priority use given to preservation, protection or conservation of their ecological uniqueness, wildlife production and their natural features and may include non-commercial recreational uses. Construction Work Camp Means an area of land including buildings and structures specifically designed as living quarters for persons employed in a utility and resource-related construction project (i.e. pipeline, power transmission line, mining camp), and ancillary services and may include a dormitory, lodging or sleeping facilities, sanitary and eating facilities and accessory uses directly related to Municipality of Greenstone Zoning By-law File P-3000 Page 30 meeting the needs of occupants including but not limited to a Laundromat, recreational facilities a contractor's yard and an on-site self-contained fuel storage facility. Contractor's Yard Means the yard of a building contractor or company used as a depot for the storage and maintenance of equipment used by the contractor or company, and may include 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 crushing of virgin or recyclable aggregates or materials or the wholesale or retail sale of building supplies or home improvement supplies. Continuum-of-Care Facility Means a building or a group of buildings which may include a senior citizens apartments building, a nursing home, a long-term care facility, home for the aged, a retirement home and accessory facilities including but not limited to clinics, recreation centers, cafeterias and personal service establishments, and may also include independent senior's accommodation in separate structures/living units that share in services such as meals. Convenience Store Means a retail store used primarily for the sale of grocery and other daily household necessities required to fulfil the day-to-day needs of the surrounding community and may include a licensed LCBO and/or beer store outlet. Convention Facility - see Place of Assembly Corporation Municipality of Greenstone Zoning By-law File P-3000 Page 31 Means the Corporation of the Municipality of Greenstone except where reference is made in this By-law to a private corporation, in which case the definition shall mean a body corporate with share capital to which the Business Corporations Act applies. Cottage Industry - see Home Based Business Council Means the Council of the Corporation of the Municipality of Greenstone. Coverage - see Lot Coverage Crisis Care Facility Means a residential facility that is licensed and funded by the Province of Ontario, Government of Canada or an appointed agency, for the short term, temporary care of persons requiring immediate emergency shelter and aid who are living under supervision in a single housekeeping unit and who by reason of their emotional, mental, social or physical condition or legal status, require a group living arrangement for their wellbeing. Cultural Heritage Landscape Means a defined geographical area that may have been modified by human activity and is identified as having cultural heritage value or interest by a community, including an indigenous community. The area may include features such as buildings, structures, spaces, views, archaeological sites or natural elements that are valued together for their interrelationship, meaning or association. Cultural heritage landscapes may be properties that have been determined to have cultural heritage value or interest under the Ontario Heritage Act, or have been included on federal and/or international registers, and/or protected through official plan, zoning by-law, or other land use planning mechanisms. Municipality of Greenstone Zoning By-law File P-3000 Page 32 Custom Workshop Means a building or structure or part of a building or structure used by a trade or craft for the individual custom production of articles. The sale of such products shall be permitted as an accessory use. Day Lighting Triangle - see Sight Triangle Day Care, Private Home Means the use of a dwelling unit operated commercially for the temporary care of children. Day Nursery Means an establishment for pre-school-aged children governed by the Child Care and Early Years Act. Deck Means a structure above the ground cantilevered from a dwelling or building or supported by the ground with no roof or walls except for visual partitions and which is used as an outdoor living area. Detached When used in reference to a building or structure, means a building or structure which is not structurally dependent on, nor adjoins on any side, any other building. Development Means the creation of a new lot, a change of land use, or the construction of buildings and structures requiring approval under the Planning Act and shall be taken to include redevelopment, but does not include activities that create or maintain Municipality of Greenstone Zoning By-law File P-3000 Page 33 infrastructure authorized under an environmental assessment process, works subject to the Drainage Act, or underground or surface mining of minerals or advanced exploration on mining lands. Dish Antenna - see Satellite Dish/Receiver Dock Means an accessory structure used for the mooring of boats, marine vessels or watercraft which is designed to float freely on the surface of the water and which may be secured or anchored to the shoreline. Dog Park Means a park for dogs to exercise and play off-leash in a controlled environment under the supervision of their owners. Dog Run Means an enclosed outdoor extension of one or more dogs' individual living spaces in association with a kennel or animal pound. Drive-Through Facility Means a premise used to provide or dispense products or services through an attendant or a window or an automated machine, to persons remaining in motor vehicles that are in a designated stacking space, and may be in combination with other land uses. Kiosks within a parking structure necessary for the operation of the parking facility or kiosks associated with a surface parking area are not considered drive through facilities. Driveway Means a vehicular access connected to a public street or private road or thoroughfare, which provides ingress to and/or egress from a lot, and may include a shared driveway but shall not include a lane. Municipality of Greenstone Zoning By-law File P-3000 Page 34 Driving Range Means a public or private area operated for the purpose of developing golfing techniques, including miniature golf courses, but excluding a golf course. Dry Cleaning or Laundry Outlet Means a commercial premise used for the purpose of receiving articles or goods of fabric to be subjected to the process of laundering or dry cleaning at another location and may include facilities for the pressing or ironing of such articles. Dwelling Means a building or part of a building occupied or capable of being occupied as the home or residence, or sleeping place, by one or more persons, where food preparation and sanitary facilities are provided, but shall not include a hotel or motel or recreational vehicle. A dwelling may contain one or more dwelling units. Dwelling - Accessory Means a fully-detached dwelling which is accessory to a permitted non-residential use. Dwelling - Additional Residential Unit Means an additional dwelling unit within a permitted single detached dwelling, semi-detached dwelling, or row house and/or a dwelling unit in a detached building or structure ancillary to a single detached dwelling, semi-detached dwelling, or row house or up to three dwelling units in total [see Figures 3.8 and 3.9]. Municipality of Greenstone Zoning By-law File P-3000 Page 35 Figure 3.8: Additional Residential Unit - Basement and Accessory Structure Additional Residential Unit incorporated through an addition above an attached garage Side Yard addition to accommodate Additional Residential Unit Basement apartment created within an existing or newly constructed dwelling Municipality of Greenstone Zoning By-law File P-3000 Page 36 Figure 3.9: Examples of Additional Residential Unit Additional Residential Unit Additional Residential Unit Principal Dwelling Principal Dwelling Municipality of Greenstone Zoning By-law File P-3000 Page 37 Dwelling - Apartment Means a building containing three (3) or more dwelling units but shall not include a row or townhouse dwelling [see Figure 3.10]. Dwelling - Accessory Apartment Means a separate and self-contained dwelling unit (e.g., includes cooking, sanitation and sleeping facilities) in or added to a single detached dwelling unit. Dwelling - Accessory Dwelling Unit Means a self-contained dwelling unit which is accessory to a permitted non-residential building other than an auto service station or a repair garage. Dwelling - Converted Means an existing single detached dwelling which has or may be altered or converted to contain two (2) dwelling units. Dwelling - Duplex Means a building that is divided horizontally into two (2) dwelling units, each of which has an independent entrance [see Figure 3.10]. Dwelling - Group or Group Housing or Group Housing Project Figure 3.10: Dwelling Types Municipality of Greenstone Zoning By-law File P-3000 Page 38 Means a combination of dwelling types (e.g., semi-detached, triplex, row housing, and apartments) where there are two or more such dwellings located on the same lot, which lot is retained under one ownership. Dwelling - Mobile Home Means any dwelling that is designed to be made mobile, and constructed or manufactured in accordance with standards set out in the Building Code and designed to provide a permanent residence for one or more persons, but does not include a recreational vehicle. Dwelling - Multiple Unit Means a separate building designed exclusively to contain three (3) or more dwelling units. Dwelling - Park Model Trailer Means a manufactured building designed and constructed in conformance with CAN/CSA-Z241 Series M "Park Model Trailer", as set out in the Ontario Building Code, and is used or intended to be used as a seasonal recreational building of residential occupancy. Dwelling - Row or Townhouse Means a building that is divided vertically into three (3) or more dwelling units, each of which has an independent entrance at grade. [See Figure 3.10] Dwelling - Seasonal Means a dwelling constructed as a secondary place of residence which is not intended for, or used for, or constructed for year- round living (i.e., is not winterized or insulated) and is not the principal place of residence of the owner or occupier thereof (e.g., cottage). Municipality of Greenstone Zoning By-law File P-3000 Page 39 Dwelling - Semi-detached Means a building on a single foundation divided vertically into two (2) separate dwelling units by a common wall [see Figure 3.10]. Dwelling - Single-detached Means a detached building containing one (1) principal dwelling unit [see Figure 3.10]. Dwelling - Tiny House or Small House Means a detached dwelling which is site-built or prefabricated and designed to provide a permanent residence for one or more persons, and is a building mounted on a foundation where any wheels have been removed. A tiny house shall not include a recreational vehicle or park model trailer. [See photos] Dwelling - Triplex Means a building on a single foundation divided into three (3) separate dwelling units, each of which has an independent entrance either directly from the outside or through a common vestibule [see Figure 3.10]. Dwelling - Two-Unit Means a dwelling containing two (2) dwelling units and for the purpose of this By-law a Two-Unit Dwelling may include a semi- detached dwelling, a duplex dwelling, and shall include a converted dwelling and a dwelling containing an additional dwelling unit, and an accessory apartment. Municipality of Greenstone Zoning By-law File P-3000 Page 40 Dwelling Unit Means one or more habitable rooms or suites of two or more rooms, designed or intended for use by and occupied by one or more individuals as a household in which separate culinary and sanitary facilities are provided for the exclusive use of such household, and with a private entrance from outside the building or from a common hallway or stairway inside the building. (Examples of dwelling units include a single detached dwelling, an additional residential unit, an accessory apartment, and a single unit in a townhouse dwelling). Dwelling Unit Area Means the floor area of a dwelling unit measured within the interior faces of the exterior walls of the dwelling unit. The unfinished floor area in the basement shall not be included in the calculations of the dwelling unit area. Dwelling Unit, Bachelor or Studio Means a dwelling unit that does not have a specific room set aside for use as a bedroom, but is suitable as a residence. Easement Means the legal right acquired by contract to pass over, along, upon or under the lands of another and shall be deemed to include an easement for a water, sewer, gas or electricity generation facilities and transmission and distribution systems, communications facility, drainage works, and a street or road right-of-way. Eave Means a roof overhang, free of enclosing walls, without supporting columns. Municipality of Greenstone Zoning By-law File P-3000 Page 41 Electricity Generation Facilities and Transmission and Distribution Systems Means land, buildings, structures and facilities used for the production, installation, transmission and distribution of electrical power. Entrance Means in reference to a lot, the area of intersection between a driveway and a street line. Equestrian Establishment Means a commercial premise engaged in the operation of a horse-riding academy or horse-riding stables, horse training, handling care, or for the lodging of horses. Equipment Rental Establishment Means a commercial premise wherein the principal use is the rental of machinery, equipment, furniture, fixtures and other goods. Erect Means to build, construct, reconstruct, renovate, alter or relocate and without limiting the generality of the foregoing shall be taken to include any preliminary physical operation such as excavating, grading, piling, cribbing, filling or draining, structurally altering any existing building or structure by an addition, deletion, enlargement or extension. Established Building Line Means the average setback from the street line of existing buildings on one side of a continuous 100 m [328 ft.] strip of land where 3 or more of the lots having street frontage upon the said side of the street have been built. An established building line shall not apply to any property in a rural zone. Municipality of Greenstone Zoning By-law File P-3000 Page 42 Established Grade Means: 1. When used with reference to a building, the average elevation of the finished level of the ground adjoining a wall of the building, measured along the length of the wall, exclusive of any artificial embankments, planters, berms or steps [see Figure 3.11]; 2. When used with reference to a structure, the average elevation of the finished surface of the ground immediately surrounding such structure; 3. When used with reference to a street, road or highway, the elevation of the street, road or highway established by a public authority. EV Charging Station Means a piece of equipment that supplies electrical power for charging plug-in electric vehicles including electric cars, electric trucks, electric buses, neighborhood electric vehicles, and plug-in hybrids. [See photo] Existing Means existing as of the date of the passing of this By-law. Exterior Side Lot Line - see Lot Line, Exterior Side Figure 3.11: Established Grade Municipality of Greenstone Zoning By-law File P-3000 Page 43 Exterior Side Yard - see Yard, Exterior Side Factory Outlet Means a commercial premise accessory to a permitted commercial use or industrial use where products or goods that are manufactured or produced on site by that industry are kept for wholesale or retail sale on the same lot as the principle commercial use or industrial use. Fairground Means land, buildings and structures used for entertainment, agricultural and related exhibits, competitive events, food concessions, a carnival or midway which are conducted on a seasonal or temporary basis and may include grandstands, barns and other accessory buildings and structures normally associated with such a use. Farm Means land used for an Agricultural Use [see Agricultural Use]. Farm, Hobby Means land on which a farm may be operated primarily for recreational purposes or for home consumption by the occupants of the dwelling on the same lot, and which is clearly accessory to the permitted use. A hobby farm may also include a farm produce outlet. Farm Produce Outlet Means an accessory use to a farm which consists of the retail sale of agricultural products produced on the farm where such outlet is located. Farm Related Commercial/Industrial Uses - see Agriculturally Related Commercial/Industrial Uses Municipality of Greenstone Zoning By-law File P-3000 Page 44 Farm Vacation Establishment Means an accessory use in a private single detached dwelling in which guest rooms are provided for gain as temporary accommodation on a daily basis for the vacationing public interested in learning or participating in the operation of a farm. Farmer's Market Means land, buildings and structures used for the sale of farm products, crafts and other merchandise of a local farming or rural community and designed for individual retailers. Fence Means any barrier constructed of chain link metal, wood, stone, metal, brick or other similar materials or combinations of such materials which is erected for the purpose of screening, safeguarding, retaining or enclosing property or delineating property lines. Fish Habitat Means the spawning grounds and nursery, rearing, food supply, and migration areas which fish depend directly or indirectly in order to carry out their life processes. First Storey Means the storey with its floor closest to but above grade [see Figure 3.23]. Fitness Centre Means a commercial premise in which facilities are provided for recreational or health related activities including but not limited to weight training and exercise classes and may include associated facilities and services such as a lounge, washrooms, Municipality of Greenstone Zoning By-law File P-3000 Page 45 showers, and saunas, a day spa, an administrative office, a cafeteria and an accessory retail outlet for fitness-related attire, equipment and dietary supplements. Flea Market Means: 1. The use of land, buildings or structures where second-hand goods, articles and antiques are offered or kept for sale at retail to the general public but shall not include any other retail establishment otherwise defined in this By-law; 2. An occasional or periodic market or sales event held in an open area, which may include a street, or within a building or structure where independent sellers offer goods, new and used, for sale to the public, but not including private garage sales; 3. A premise in which stalls or sales areas are set aside and rented or otherwise provided, and which are intended for use by various unrelated individuals to sell articles that are either home grown, homemade, handcrafted, old, obsolete, or antique and may include the selling of goods at retail by businesses or individuals who are generally engaged in retail trade; 4. A premise where food preserves or fresh produce or prepared foods are sold, but does not include a restaurant. 5. A flea market does not include a yard sale. Floatplane Hangar Means an enclosed building either fixed or floating which is designed to house or keep a float plane. Flood Elevation or Floodline Means a line established by a one in one-hundred-year storm as established by flood plain mapping or by an appropriate public authority. Municipality of Greenstone Zoning By-law File P-3000 Page 46 Flooding Hazards Means the inundation of areas adjacent to a shoreline or river or stream system and not ordinarily covered by water along river and stream systems, the flooding hazard is the greater of the flood resulting from the rainfall experienced during a major storm such as the Timmins Storm (1961), transposed over a specific watershed and combined with the local conditions, where evidence suggests that the storm event could have potentially occurred over watersheds in the general area; or the one hundred year flood; or a flood which is the greater of the above which was actually experienced in a particular watershed or portion thereof as a result of ice jams and which has been approved as a standard for that specific area by the Ministry of Natural Resources and Forestry [see Figure 3.12]. Flood Plain For river, stream and small inland lake systems, means the area, usually low lands adjoining a water body, which has been or may be subject to flooding hazards. Flood Proofing Means a combination of structural changes and/or adjustments incorporated into the basic design and/or construction or alteration of individual buildings, structures or properties subject to flooding so as to reduce or eliminate flood damages. Figure 3.12: Flooding Hazard Municipality of Greenstone Zoning By-law File P-3000 Page 47 Floor Area, Gross Means the total area of all floors contained within a building measured between the exterior faces of the exterior walls of the building and where there are no walls the total area of a floor within the outer perimeter of the floor [see Figure 3.13]. Floor Area, Ground Means the floor area of the lowest storey of a building approximately at or above the established grade excluding any basement or cellar, which area is measured between the exterior faces of the exterior walls at the floor level of such storey, but excludes car parking areas within the building; and for the purposes of this paragraph the walls of an inner court are and shall be deemed to be exterior walls. Floor Area, Net Means the total floor area of usable or habitable space above or below grade, measured from the interior face of the exterior walls of the building or structure but shall not include: 1. Any private garage, porch, veranda, unfinished basement, cellar or attic; 2. Any part of a building or structure below grade which is used for building services, storage or laundry facilities; 3. Any part of the building or structure used for the storage or parking of motor vehicles; Figure 3.13: Gross Floor Area Municipality of Greenstone Zoning By-law File P-3000 Page 48 4. Any part of a commercial shopping area used as a hall way, corridor passageway, utility room, elevator shafts, service/mechanical rooms, garbage/recycling rooms, public washroom, staff locker and lunch rooms, loading areas, balcony or mezzanine not otherwise used for the display or sale are for merchandise. Forestry Use Means the general growing, management and harvesting of wood and shall include the growing and harvesting of fuel wood, pulpwood, saw logs, Christmas trees, other forestry products and silva culture practices. Front Lot Line - see Lot Line, Front Front Yard - see Yard, Front Frontage - see Lot Frontage Funeral Home Means a commercial premise wherein undertaking services are offered and may include accessory activities such as a crematorium, the sale of caskets and funeral accessories, a chapel or parlour provided such activities are clearly secondary and incidental to the main undertaking service. Garage - Detached Private Means a fully enclosed accessory building which is designed or used for parking or storage in which there are no facilities for repairing or servicing of a motor vehicle for remuneration or commercial use. Garden Centre - see Commercial Greenhouse, Municipality of Greenstone Zoning By-law File P-3000 Page 49 Garden Centre or Nursery Garden Suite Means a one-unit detached residential building containing sanitary and kitchen facilities that is accessory to an existing permanent residential building and that is designed to be portable, but shall not include a recreational vehicle. Gas Bar Means one or more pump islands, each consisting of one or more gasoline pumps, and may include a building, structure or booth which may be used by a sales attendant for the sale of gasoline products and convenience items including but not limited to beverages, prepared foods, newspapers, lottery tickets, sundries and may include other accessory features such as a comfort station, an ATM and an EV Charging Station. [See also Automotive Service Station] Gasoline Card Lock Facility Means one or more pump islands designed for the retail sale of gasoline or diesel fuel using pumps which are operated automatically by credit or debit cards and may include an EV Charging Station. Gazebo Means a freestanding, roofed accessory structure which is not enclosed, except for transparent screening (e.g., glass, netting) and which is utilized for the purposes of relaxation in conjunction with a principal use but shall not include any other use or activity otherwise defined or classified herein [see Figure 3.14]. Municipality of Greenstone Zoning By-law File P-3000 Page 50 Geothermal Power Facility Means a heating facility such as a heat pump whose energy source is naturally created from the earth's crust. Golf Course Means a public or private area operated for the principal use of playing the sport of golf but may also include a driving range and such accessory buildings and structures as are necessary for the operation and maintenance of the golf course including club house facilities, a restaurant, banquet, conference and other uses of a social, recreational and entertainment nature normally associated with golf course development. Figure 3.14: Gazebo Municipality of Greenstone Zoning By-law File P-3000 Page 51 Green Roof Means a roof of a building where part of or the entire surface of the roof is intentionally covered with vegetative material. [See illustration] Greenhouse Means a building used for the growing of flowers, plants, shrubs, trees and similar vegetation which are not necessarily transplanted outdoors on the same lot containing such greenhouse. Granny Flat - see Garden Suite Green Energy Industries Means a building or structure in which products are manufactured for the generation of electricity from non-polluting or renewable source (i.e., wind, sun, geothermal, biomass). Products manufactured by a renewable energy industry may include but are not limited to solar panels, wind turbines, geothermal equipment, and parts or components thereof. Group Home Means a single housekeeping unit in a residential dwelling, which is registered with the Corporation, in which persons (excluding supervisory or operating staff) live together under responsible supervision consistent with the requirements of its residents for a group living arrangement and which is licensed and/or approved under Provincial Statutes and in compliance with municipal By-laws [see also Crisis Care Facility]. Municipality of Greenstone Zoning By-law File P-3000 Page 52 Guest Cabin Means an accessory building, located on the same lot as the main building, which is used for sleeping accommodation but does not contain any cooking facilities and may contain sanitary facilities. Guest Room Means a bedroom or suite of rooms which is used or maintained for gain or hire by providing accommodation. Guest House Means a private single detached dwelling in which the dwelling or part thereof is rented for gain or hire as living quarters. Habitable Room Means any floor space within a building or structure designed and intended to be used for living, sleeping, cooking or eating purposes as defined under the Building Code Act, S.O. 1992, Chapter 23, as amended. Hazardous Lands Means property or lands that could be unsafe for development due to naturally occurring process including lands in a flood plain or subject to a flooding hazard or erosion hazard and shall include unstable soils and unstable bedrock. Hazardous Sites Means property or lands that could be unsafe for development and site alteration due to naturally occurring hazards. These may include unstable soils (organic soils) or unstable bedrock (karst topography). Municipality of Greenstone Zoning By-law File P-3000 Page 53 Hazardous Substances Means substances which individually, or in combination with other substances are normally considered to pose a danger to public health, safety and the environment. These substances generally include a wide variety of materials that are toxic, ignitable, corrosive, reactive, radioactive or pathological. Height Means the vertical distance between the established grade and: 1. In the case of a flat roof, the highest point of the roof surface or parapet wall, whichever is the highest [see Figure 3.15], or 2. In the case of all other types of roofs, the mean height level between the base of the roof and highest point of the roof [see Figure 3.16 A and 3.16 B]. Where the height is designated in terms of storeys, it shall mean the designated number of storeys above and including the first storey. Figure 3.15: Building Height with Flat Roof Municipality of Greenstone Zoning By-law File P-3000 Page 54 Figure 3.16 A: Building Height - All Other Roofs Figure 3.16 B: Building Height - All Other Roofs Municipality of Greenstone Zoning By-law File P-3000 Page 55 Heliport or Helipad Means a landing area or pad used for the landing and take-off of helicopters and may include incidental emergency service facilities, fueling facilities and passenger and cargo areas. High Water Mark Means the mark made by the action of water under natural conditions on the shore or bank of a water body, which action has been so common and usual and so long continued that it has created a difference between the character of the vegetation or soil on one side of the mark and the character of the vegetation or soil on the other side of the mark. Features shall also include a naturel line or mark impressed on the bank or shore or rock, or other distinctive physical characteristics. [See also Shoreline] Highway Means a street under the jurisdiction of the Province of Ontario. Hobby Farm - see Farm, Hobby Holding Zone Means a zone established under the enabling authority of Section 36 of the Planning Act where uses may be permitted subject to meeting certain conditions set out in the Official Plan. Home for the Aged - see Continuum-of-Care Facility Municipality of Greenstone Zoning By-law File P-3000 Page 56 Home Based Business Means a privately operated legal occupation, enterprise or business which is carried out as an accessory use to a dwelling unit for pursuits conducted by the occupant thereof and any employees and is compatible with a domestic household. Hotel Means a building designed or used for the accommodation of the travelling or vacationing public, with or without accessory uses such as a restaurant, meeting rooms, swimming pool, facilities for the temporary exhibition and sale of goods on an intermittent basis, premise licensed under the Liquor License Act and includes any establishment containing guest rooms which is defined as a "Hotel" in the Hotel Registration of Guests Act, R.S.O.1990, H.17and shall also include a motel and hostel, but shall not include any residential use or boarding house use. Hydro Corridor Means any land owned by Hydro One Networks Inc. or other publicly owned utility, the primary purpose of which is the distribution of electrical power and energy, and on which are located wires, cables, poles or towers. Hunt Camp - see Camp (Hunt Camp, Fishing Camp) Individual On-site Sewage System Means systems under the Building Code Act, 1992 that are owned, operated and managed by the owner of the property upon which the system is located. Individual On-site Water System Means individual autonomous water supply systems that are owned, operated and managed by the owner of the property upon which the system is located. Municipality of Greenstone Zoning By-law File P-3000 Page 57 Industrial Use Means the use of land, building or structures for the purpose of manufacturing, assembling, making, preparing, inspecting, ornamenting, finishing, treating, altering, repairing, warehousing, or storage or adapting for sale of any goods, substances, article or thing, or any part thereof and the storage of building and construction equipment and materials as distinguished from the buying and selling of commodities and the supplying of personal services. This definition does not include a mine, pit or quarry or obnoxious industry. Accessory uses may include transportation, wholesaling, storage, shipping and receiving incidental to the industrial use. 1. Class I Industry - Light Industrial Means a place of business for a small scale, self-contained plant or building which produces, manufactures, assembles or stores a product which is contained in a package and has a low probability of fugitive emissions (e.g., noise, odour, dust and vibration). Such industries operate in the daytime only with infrequent movement of products and /or heavy trucks and no outside storage. 'Light Industrial Uses' or 'Class I Industry' is a classification and other uses defined in this By-law may be classified as such. 2. Class II Industry - Medium Industrial Means a place of business for medium scale process and manufacturing with outdoor storage of wastes or materials (e.g., it has an open process) and where there are periodic or occasional outputs of fugitive emissions e.g., noise, odour, dust and/or vibration. Shift operations occur and there is frequent movement of products and /or heavy trucks during daytime hours. 'Medium Industrial Uses' or 'Class II Industry' is a classification and other uses defined in this By-law may be classified as such. 3. Class III - Heavy Industrial Uses Means a place of business for uses characterized as having emissions such as noise, smoke, odour, fumes or vibrations or extensive outside storage as part of their normal operations. Such uses include sawmills, pulp and paper mills, refineries, smelting operations and similar uses which are intended to be secluded from residential or other sensitive land uses in order to limit any potential adverse effects on the environment or the surrounding areas and public health. 'Heavy Industrial Uses' or 'Class III Industry' is a classification and other uses defined in this By-law may be classified as such. Municipality of Greenstone Zoning By-law File P-3000 Page 58 Institutional Use Means any land, building, structure or part thereof used to provide non-profit or non-commercial purposes for governmental, educational, charitable, fraternal or other public services. (Examples include a municipal or government office, library, school, college, university, health care facility, place of worship, convent, monastery or similar use.) Junk Yard - see Wrecking Yard Kennel Means a commercial premise where dogs, cats or other small animals are kept, trained, bred or boarded, but does not include an animal shelter. [See also Animal Shelter] Landscaped Open Space Means a combination of trees, shrubs, flowers, grass or other horticultural elements, together with decorative stonework, paving, screening or other architectural elements, all of which is designed to enhance the visual amenity of a property and/or to provide a screen to mitigate any objectionable adjacent land use, and does not include parking areas, traffic aisles or driveways or ramps for vehicles. Landfill Site - see Waste Management Facility Lane Means a public thoroughfare other than a street or pedestrian way, improved or not, which has a right-of-way width of 10 m [32.8 ft.] or less and which provides a secondary means of for vehicular traffic to abutting lots. Laundromat Means self-serving clothes washing establishment containing one or more washers and drying, ironing, finishing or other incidental equipment, and may include a laundry receiving depot. Municipality of Greenstone Zoning By-law File P-3000 Page 59 Licensed Cannabis Production Facility Means the use of land, buildings or structures for the cultivation, processing, testing, destructions, packaging and shipping of marijuana used for medical purposes as approved and regulated by Health Canada. Livestock Means animals associated with an agricultural use such as but not limited to cattle, horses, goats, poultry, sheep, swine or the young thereof, raised for personal use or for commercial purposes. Livestock Facility Means one or more barns or permanent structures with livestock-occupied portions, intended for the keeping or housing of livestock and includes all manure or material storages. [See Minimum Distance Separation Formulae Implementation Guidelines] Livestock Sales Outlet Means a building or structure where livestock are bought and sold. Loading/Delivery Space Means an unobstructed area of land which is used for the temporary parking of one or more commercial motor vehicles while merchandise or materials are being loaded or unloaded from such vehicle. Lodging House Establishment Shall mean a single detached dwelling which is designed for temporary living quarters for persons employed in the construction, mining or forestry industries and includes up to four (4) guest rooms, eating facilities or a meal service, accessory recreation facilities and on-site parking. Municipality of Greenstone Zoning By-law File P-3000 Page 60 Logging Operation Means an area of land and/or building of a logging contractor where equipment and materials are stored and may include repairs to logging equipment. Loft-Above-a-Garage Means the portion of a private garage either attached or detached located above the vehicle storage area which is used for sleeping accommodation and may include sanitary facilities but not cooking facilities. [See photo] Long Term Care Facility - see Continuum-of-Care Facility Lot Means a parcel or tract of land, within a registered plan or subdivision or described in a deed or other legal document, that is capable of being legally conveyed in accordance with the Planning Act. Lot Area Means the total horizontal area measured within the limits of the lot lines of the lot excluding the horizontal area of any flood plain or wetland area located on such lot. [See Figure 3.17] Municipality of Greenstone Zoning By-law File P-3000 Page 61 Figure 3.17: Lot Coverage Municipality of Greenstone Zoning By-law File P-3000 Page 62 Lot, Corner Means a lot situated at an intersection of two or more streets, or at the intersection of two parts of the same street which have an interior angle or intersection of not more than one hundred and thirty-five degrees (135°). Where such street lines are curved, the angle of intersection of the street lines shall be deemed to be the angle formed by the intersection of the tangents to the street lines, drawn through the extremities of the side lot lines. In the latter case, the corner of the lot shall be deemed to be that point on the street line nearest to the point of intersection of the said tangents, and any portion of a corner lot distant not more than [30 m 98.4 ft.] from the corner measured along the street line shall be deemed to be an interior lot [see Figure 3.18]. Lot Coverage Means that percentage of land or lot area covered by buildings and structures above ground level and which excludes that portion of such land or lot area which is occupied by a building or portion thereof which is completely below ground level, and shall exclude a fence, patio, landings, steps, ramps, retaining wall, root cellar, a sewage disposal system and an in-ground swimming pool or hot-tub [see Figure 3.17]. Lot Depth Means the horizontal distance between the front and rear lot lines. If the front and rear lot lines are not parallel, "lot depth" shall mean the length of a straight line joining the middle of the front lot line with the middle of the rear lot line. If there is no Figure 3.18: Lot Definitions Municipality of Greenstone Zoning By-law File P-3000 Page 63 rear lot line, "lot depth" shall mean the length of a straight line joining the middle of the front lot line with the apex of the triangle formed by the side lot lines [see Figure 3.19]. Lot Frontage Means the horizontal distance between the side lot lines. Where such side lot lines are not parallel, it shall be the width of a lot measured between the intersections of the side lot lines with a line equal to the front yard setback back from and parallel or concentric to the front lot line. Arc distances shall apply on curved lines [see Figure 3.19]. Lot, Interior Means a lot other than a corner lot or a through lot which has frontage on a street [see Figure 3.18]. Lot Line Means a boundary line of a lot or the vertical projection thereof. In the case of a lot line that has a bend or a series of bends, if the sum of the interior angles or angles of such bends is 130 degrees or greater, then they shall be deemed to be the same lot line. Lot Line - Exterior Side Means a lot line located between the front lot line and rear lot line and dividing the lot from a street [see Figure 3.18]. Figure 3.19: Lot Depth and Lot Frontage Municipality of Greenstone Zoning By-law File P-3000 Page 64 Lot Line, Front Means: 1. In the case of an interior lot, the line dividing the lot from the street, street allowance or private road; 2. In the case of a corner lot, the shorter lot line abutting a street shall be deemed to be the front lot line; 3. In the case of a corner lot with two street lines of equal length, the lot line that abuts the wider street, or abuts a highway shall be deemed to be in the front line, and in the case of both streets being under the same jurisdiction and of the same width, the lot line where the principal access to the lot is provided shall be deemed to be the front lot line; 4. In the case of a lot with water access or frontage on a water body, or an island, the front lot line shall be on the shoreline. In the case of a through waterfront lot the longest shoreline shall be deemed to be the front lot line; [see Figure 3.20]. 5. in the case of a private road, the lot line adjacent to the entrance shall be deemed to be the front lot line except as described clause 4 above for a waterfront lot; 6. In all other cases not described above, the front lot line shall be deemed to be where the principal access or entrance to the lot is approved. Lot Line, Interior Side Means a lot line other than a front lot line, rear lot line or exterior side lot line. On a lot with more than four sides, any lot line not otherwise defined as a front, rear or side lot line shall be considered as an interior side lot line [see Figure 3.18]. Lot Line, Rear Means the lot line furthest from, and opposite to, the front lot line [see Figure 3.18]. In the case of a lot with no rear lot line, the point where the two side lot lines intersect shall be the rear lot line. Municipality of Greenstone Zoning By-law File P-3000 Page 65 Lot, Through Means a lot having a frontage on two parallel or approximately parallel streets and where such lot qualifies as being both a corner lot and a through lot, such lot shall be considered as a corner lot [see Figure 3.18]. Lot, Waterfront Means a lot that abuts a navigable waterway or body of water. [see Figure 3.20] Lot, Width Means the average horizontal dimension between the two longest opposite sides measured on a line 6 m [19.6 ft.] back from the front lot line and parallel to it. Lot Width, Corner Lot Means the horizontal distance between the longest front lot line and the opposite side lot line, measured along a line 6 m [19.6 ft.] back from and parallel to the shorter front lot line, except in the case: 1. Where the front lot lines are curved, in which case, the lot width shall be calculated on the basis that the street lot lines are deemed to be the tangents produced to their points of intersection, from the points of intersection of the side lot lines and curved street lot line; or 2. Where a corner lot indicates that a sight triangle has been removed or has a rounded corner, in which case, the lot width shall be calculated on the basis that the front lot lines shall be deemed to comprise the street lines produced to their point of intersection. Municipality of Greenstone Zoning By-law File P-3000 Page 66 Figure 3.20: Waterfront Lots Municipality of Greenstone Zoning By-law File P-3000 Page 67 Main Wall Means any exterior wall of a building and all structural members essential to the support of a fully enclosed space or roof exclusive of permitted projections. Marina Means a commercial premise and/or structure with or without docking facilities where boats are moored, berthed, constructed, stored, serviced, repaired or kept for sale or rent, and where accessory uses may include the sale of boat accessories, marine fuels, marine equipment, lubricants, bait as well as the sale of foods, provisions or supplies as an accessory use may be provided. A marina may also have sewage pump-out facilities. Marine Facility Means a non-commercial building or structure which is used to moor, berth, or store a boat. This definition may include a boat launch, a boat lift, marine railway, a float hangar, dock or boathouse, but does not include any building used for human habitation or a marina. A marine facility shall also include a water intake facility and any flood or erosion control structure. No part of a marine facility may be used as a dwelling unit. Medical Clinic - see Clinic Medical Marijuana Facility Means a commercial premise approved and regulated under the Canada Food and Drugs Act and associated Food and Drug Regulations. Municipality of Greenstone Zoning By-law File P-3000 Page 68 Microbrewery Means a commercial premise where beer is produced at a small scale. A microbrewery may be permitted to sell the product that is produced on-site provided that there is no consumption of the purchased product on-site other than sampling. A bar, pub or brewpub shall not be considered a microbrewery. A microbrewery may also sell retail items directly related to the operation on-site. Micro-cultivation Means the small scale growing of cannabis plants and harvesting material from those plants, as well as associated activities. Mine Means a mine as defined in the Mining Act. Mining shall have a similar meaning. Mine Hazard Means any feature on a mine as defined under the Mining Act or any related disturbance of the ground that has not been rehabilitated. Mineral Aggregate Operation Means: 1. Lands under license or permit, other than for wayside pits and quarries, issued in accordance with the Aggregate Resources Act, or successors thereto, or a pits and quarries control By-law enacted under the Municipal Act; and 2. Associated facilities used in extraction, transport, beneficiation, processing or recycling of mineral aggregate resources and derived products such as asphalt and concrete, or the production of secondary related products. Municipality of Greenstone Zoning By-law File P-3000 Page 69 Mineral Deposits Means areas of identified minerals that have sufficient quantity and quality based on specific geological evidence to warrant present and future extraction. Mineral Mining Operation Means a mining operation and associated facilities, or, a past producing mine with remaining mineral development potential that has not been permanently rehabilitated to another use. Miniature Golf Course Means land, building or structure or any part thereof operated for profit or gain in which facilities are provided to simulate the game of golf or any aspect of the game on a small scale, but does not include a golf ball driving range. Minimum Distance Separation Formulae I and II Means formulae developed by the province to separate uses so as to reduce incompatibility concerns about odour from livestock facilities. Mobile Home - see Dwelling - Mobile Home Mobile Home Park Means land which has been provided and designed for the location thereon of two (2) or more occupied mobile homes. Municipality of Greenstone Zoning By-law File P-3000 Page 70 Mobile Home Lot or Site Means an area, similar to a lot, located in a mobile home park, intended to be or occupied by a mobile home or a permitted accessory use. Mobile Home Yard Means a line similar to a front yard, rear yard, interior side yard or exterior side yard as applied to a mobile home lot or site. Motel Means an establishment designed or used throughout all or part of a year that caters to the accommodation of the traveling or vacationing public, containing one or more guest rooms, including all such establishments as defined from time to time by the Hotel Registration of Guests Act, R.S.O. 1990, c. H.17, as amended. A motel may include accessory uses such as a restaurant, meeting rooms, swimming pool, facilities for the temporary exhibition and sale of goods on an intermittent basis, and premises licensed under the Liquor License Act. Motocross Circuit Means an off-road racing facility conducted on an outdoor enclosed dirt circuit over primarily natural, outdoor terrain and may include spectator facilities such as grandstands or concourses and fast-food concessions. Motor Home - see Recreational Vehicle Municipality of Greenstone Zoning By-law File P-3000 Page 71 Motor Vehicle or Vehicle Means an automobile, commercial vehicle, truck, recreational vehicle, transport tractor, farm tractor, road building machine, bicycle and any vehicle drawn, propelled or driven by any kind of power, including muscular power, but does not include a snowmobile or a street car. Municipality Means the Municipality of Greenstone. Natural Heritage Features and Areas Means features and areas, including significant wetlands, significant coastal wetlands, other coastal wetlands in Ecoregions 5E, 6E and 7E, fish habitat, significant woodlands and significant valley lands in Ecoregions 6E and 7E (excluding islands in Lake Huron and the St. Marys River), habitat of endangered species and threatened species, significant wildlife habitat, and significant areas of natural and scientific interest, which are important for their environmental and social values as a legacy of the natural landscapes of an area. Nature Trail Means an area used for walking, hiking, cross-country skiing, nature appreciation and similar non-motorized recreational travel. Negative Impacts Means: In regard to fish habitat, the harmful alteration, disruption or destruction of fish habitat, except where it has been authorized under the Fisheries Act, using the guiding principle of no net loss of productive capacity. 1. In regard to water, degradation to the quality and quantity of water, sensitive surface water features and sensitive ground Municipality of Greenstone Zoning By-law File P-3000 Page 72 water features, and their related hydrologic functions, due to single, multiple or successive development or site alteration activities; and 2. In regard to other natural heritage features and areas, degradation that threatens the health and integrity of the natural features or ecological functions for which an area is identified due to single, multiple or successive development or site alteration activities. Non-Complying Means any existing building, structure or lot which does not comply with one or more of the zone regulations of this By-law. Non-Conforming Means any existing use, building, structure or lot which is does not conform to the permitted use provisions of any Zone in this By-law. Non-Residential Use Means a use, building or structure that does not contain a dwelling unit. Non-residential Zone Means a C1, C2, C3, C4, C5, I, M1, M2, WMF, MX, MIN, OS or EP zone. Nursing or Convalescent Home - see Continuum-of-Care Facility Nursery - see Commercial Greenhouse, Nursery or Garden Centre Municipality of Greenstone Zoning By-law File P-3000 Page 73 Nutrient Unit Means an amount of nutrients that give a fertilizer replacement value of the lower of 43 kilograms of nitrogen, or 55 kilograms of phosphate as nutrient (as defined in Ontario Regulation 267/03 made under the Nutrient Management Act) and correlates to the number of types of livestock for a given nutrient unit. Obnoxious Uses Means substances or wastes which, individually, or in combination with other substances, are normally considered to pose a danger to public health, safety and the environment (i.e., materials that are toxic, ignitable, corrosive, reactive, radioactive or pathological) and which are not otherwise permitted under an environmental compliance approval issued under the Environmental Protection Act. Occupancy Permit Means a permit issued under the authority of the Planning Act (Section 34 [6]) by the Chief Building Official which indicates that the proposed use of land or any building or structure on any such land is in conformity with this By-law. Office Means a commercial premise used for conducting the affairs of businesses, professions, services, industries, governments, or like activities. On-farm Diversified Uses Means uses that are secondary to the principal agricultural use of the property, and are limited in area. On-farm diversified uses include, but are not limited to, home based businesses, agri-tourism uses, a micro-brewery, an on-farm retail shop or café, a farm produce outlet, a farm event venue (i.e., barn dance, wedding venue, hay and sleigh ride) and uses that produce value-added agricultural products (i.e., farm-based bakery, preserves and fish or meat products). Municipality of Greenstone Zoning By-law File P-3000 Page 74 Open Space Means the open, unobstructed space on a lot from the ground to the sky including landscaped areas, pedestrian walkways, patios, swimming pools or similar areas but not including any driveway, ramp, parking spaces or aisles, loading spaces or manoeuvring areas and similar areas. Open Storage Means the storage of goods, merchandise or equipment outside of a building or structure on a lot or portion thereof. This definition shall not include a storage use located in a building, a salvage yard, a parking area, a loading space or a parking space or an area used for outdoor display. Order Station Means an ordering box, service window, display board or any other device, including communication equipment, used by the public and operator to facilitate sales and/or services in a drive-through facility. Outdoor Display Means an area set aside outside of a building or structure, other than a parking area, loading space or parking space which is used in conjunction with a business located within the building or structure on the same property, for the display of goods, merchandise, equipment and seasonal produce and products and may include garden supplies and Christmas trees, new merchandise or the supply of services. Owner Means a mortgagee, lessee, tenant, occupant, or a person entitled to a limited estate or interest in land, a trustee in whom the land is vested, a committee of the estate of a mentally incompetent person, an executor, an administrator or a guardian. Municipality of Greenstone Zoning By-law File P-3000 Page 75 Park Means an area of land, whether enclosed or not, which is used for recreational or leisure uses and may include therein a beach, playground, play field, athletic field, field house, community centre, bleachers, skateboard facility, swimming pool, wading pool, splash pad, greenhouse, botanical gardens, zoological gardens, bandstand, skating rink, tennis courts, bowling green, boat livery, bathing station, curling rink, refreshment concession, campground, fair ground, and conservation area, and associated accessory uses. Park Model Trailer - see Dwelling - Park Model Trailer Parking Area Means an open area of land, accessory to a permitted use, not located on a public street, private road or lane which is used for the parking of motor vehicles, non-motorized vehicles (e.g., bicycles, horse carriage), boat trailers, snowmobiles, all-terrain vehicles and recreational equipment that are accessory or incidental to uses in all zones, and shall not include a parking lot - commercial, a lot for the sale or lease of motor vehicles or the storing of impounded or wrecked vehicles. Parking Lot, Commercial - see Commercial Parking Lot Parking Space Means an area used for the temporary parking of one motor vehicle or one horse and buggy. Parking Space, Barrier Free Means a parking space for the temporary parking of a motor vehicle used by a handicapped or disabled person [see photo]. Municipality of Greenstone Zoning By-law File P-3000 Page 76 Patio Means a surfaced, open space of land at grade adjacent to a residential or commercial use which is used, in a residential setting, as an extension to the interior of the home for private entertainment or leisure activities and is uncovered. In a commercial setting, means an outdoor eating area accessory to a restaurant where, on a seasonal basis, food and/or refreshments prepared on the premises are consumed. Permitted Means permitted by this By-law. Permitted Use Means a use which is permitted in the zone where such use is located. Person Means an individual, an association, a chartered organization, a firm, a partnership, a corporation, an agent or trustee and the heirs, executors or other legal representatives of a person to whom the context can apply according to law. Personal Service Establishment Means a commercial premise wherein a personal service is performed. This definition may include but not limited to a barber shop, beauty salon, esthetician, optician, shoe repair, photographic store, laundromat or a dry-cleaning distribution station but excludes a manufacturing or fabrication of goods for sale. Municipality of Greenstone Zoning By-law File P-3000 Page 77 Pet Grooming Establishment Means a premise wherein cleaning, clipping and grooming services are provided for domestic pets, but shall not include an animal shelter or kennel. Pit Means land or land under water from which aggregate as defined herein is being or has been excavated in order to supply material for construction, manufacturing or industrial purposes, but shall not include rehabilitated land or an excavation incidental to the erection of a building or a structure for which a building permit has been granted by the Corporation, or an excavation incidental to the construction of any public works. Place of Amusement Means a commercial premise wherein amusement facilities are provided such as a video arcade, arcade, billiard or pool room. Place of Assembly Means a building specifically set aside for and primarily engaged in the operation of arts and craft shows, trade fairs, fashion shows, public meetings, banquets, conference meetings, civic, political, social or religious activities, a private club or a fraternal organization and similar activities. Place of Worship Means a building or an open area primarily dedicated to religious worship but may be used for other supportive uses such as a centre for the arts, a community hall, an accessory residential use, a library and similar uses but does not include a manse or rectory where established on a separate lot. Municipality of Greenstone Zoning By-law File P-3000 Page 78 Playground Means a park or part thereof which is equipped with active recreational facilities oriented to children [see also Park]. Porch or Veranda Means a single storey roofed structure which is structurally dependent on and projecting from a dwelling with walls that are open and unenclosed and may contain mesh screening for insects and is used only as an outdoor unwinterized living area but does not include a deck as defined. Portable Asphalt Plant Means 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 and which is not of permanent construction, but which is to be dismantled at the completion of the construction process. Portable Concrete Plant Means a building or a structure with equipment designed to mix cementing materials, aggregate, water and admixtures to produce concrete, and includes stockpiling and storage of bulk materials used in the process and which is not of permanent construction, but which is to be dismantled at the completion of the construction process. Premise Means the area of a building and lot occupied or used by a business or enterprise, or organization. In a multiple tenancy building occupied by more than one business, each business area shall be considered a separate premise. Municipality of Greenstone Zoning By-law File P-3000 Page 79 Principle Use Means the primary purpose for which a lot, building or structure is used or intended to be used. Printing and Processing Service Shop Means a commercial premise used by one or more persons who are employed in customer service, graphic design and production and conducting of an activity specifically undertaken to aid individuals or an industrial or commercial office with a variety of branding and publishing of printing products including but not limited to stationary, maps, guidelines, pamphlets, flyers or similar products and may include document finishing, laminating, packaging, receiving and distribution. Private Club - see Club, Private Private Garage - see Garage, Private Private Road Means a private right-of-way over private property which affords access to two (2) or more abutting lots or a road created through the registration of a plan of condominium, but does not include a street established or maintained by a public authority. Professional Office - see Office Public Access Point Means public land designated by a public authority and developed and maintained by the public authority as a public access to a navigable water body [see also marine facility]. Municipality of Greenstone Zoning By-law File P-3000 Page 80 Public Authority Means the Municipality of Greenstone and any Boards or Commissions thereof and any Ministry or Department of the Governments of Ontario or Canada, or other similarly recognized public utility or agencies established or exercising any power or authority under any special or general statute and includes any committee or local authority established by By-law of Council. Public Service Use Means a building, structure or lot used for public services by the Municipality of Greenstone and any Boards or Commissions thereof, and any Ministry or Commission of the Governments of Ontario and Canada, any communications facility, any telephone, telecommunications or railway company, any company supplying natural gas, Hydro One Networks Inc., any conservation authority, public utilities company or similarly recognized agencies. Public Street - see Street Public Storage - see Self Storage Facility Public Utility Means a water works or water supply system, sewage works, electricity generation facilities and transmission and distribution systems, a street lighting system, a natural or artificial gas works or supply system, a transportation system, a telephone system, a scientific research system, a communications facility, and includes any lands, buildings or equipment required for the administration or operation of any such system and which is operated by a public authority or a publicly governed company or authorized by a publicly governed company. Quarry Means any open excavation made for the removal of any consolidated rock or mineral including limestone, sandstone or shale, in order to supply material for construction, industrial or manufacturing purposes, but shall not include an excavation Municipality of Greenstone Zoning By-law File P-3000 Page 81 incidental to the erection of a building or structure for which a building permit has been granted by the corporation, or an excavation incidental to the construction of any public works. Railroad Use Means a building, structure or use normally associated with a railroad operation subject to the Railway Safety Act, R.S.C. 1985, c.32 (4th Suppl.), as amended. Reconstruction Means to re-build, erect, place, reconstruct, relocate, repair or assemble a previously existing building or structure to a habitable or useable condition which may include complete replacement, and may also include: 1. Any preliminary operation such as excavating, filling or draining; 2. Altering any existing building or structure by an addition, enlargement, extension or other structural change; 3. Any work which requires a building permit. 'Reconstructed' and 'reconstruction' shall have corresponding meanings. For the purpose of this definition, reconstruction/renovation/restoration may include the complete replacement of a building or structure. Recreational Commercial Establishment Means an establishment, building or structures where any recreational, social or cultural uses are operated commercially for profit on lands in private ownership, or under lease, such as health clubs, open or enclosed skating or curling rinks, open or enclosed pools, open or enclosed badminton or tennis courts, squash courts, bowling alleys, gymnasia, band shell or open theatre, and other similar uses except as otherwise specifically defined in this By-law. [See also Bingo Hall] Municipality of Greenstone Zoning By-law File P-3000 Page 82 Recreational Equipment Means a portable structure, vessel or vehicle that is designed and built to be carried by a motor vehicle, or a unit designed and built to be transported or operated under its own power or propelled power, for the purposes of providing recreation enjoyment or travel, and may include boats, boat or vehicle trailers, personal water craft, snowmobiles, all-terrain vehicles (ATVs) or other equipment used for recreational purposes and which are normally stored or parked on a lot. Recreational Vehicle Means any motor vehicle so constructed that is suitable for being attached to a motor vehicle for the purpose of being drawn or is propelled by the motor vehicle and is capable of being used for living, sleeping, eating or accommodation of persons on a temporary, transient or short-term basis, even if the vehicle is jacked up or its running gear is removed. Examples include a motor home, tent trailer, a camper trailer, a recreational trailer, a fifth wheel or a bus converted into a motor home. For the purposes of this definition, a recreational vehicle shall be considered a structure for the purposes of establishing setbacks only. A recreational vehicle shall not be deemed to include a mobile home. The definition of a recreational vehicle shall not be interpreted to include recreational equipment [see photos]. Municipality of Greenstone Zoning By-law File P-3000 Page 83 Recreational Vehicle Campground - see Campground Recreational Vehicle Sales and Storage Means a building and/or lot which are used for the display, storage and/or sale of boats, and recreational vehicles or recreational equipment. Recycling Depot or Transfer Station Means a special waste management facility which only serves as a temporary storage site for recycled products and other waste materials which will be transferred to another location for reuse or disposal. Redevelopment - see Development Refreshment Pavilion (Chip Wagon) Means a vehicle or portable structure which may be licensed by the municipality and is equipped for the preparation, storage, heating, cooking, cooling or sale of foodstuffs and beverages within or from the vehicle or portable structure and may include exterior seating (e.g., picnic tables) but does not include any structural additions that would render the vehicle or structure immovable. Renewable Energy System Means a system that generates electricity, heat and/or cooling from a renewable energy source. Renovate - see Reconstruction Municipality of Greenstone Zoning By-law File P-3000 Page 84 Residential Care Facility - see Continuum-of-Care Facility Residential Density Means the number of dwelling units per hectare of lot area. Residential Use Means the use of land, buildings or structures for human habitation or as a dwelling. Residential Zone Means an R1, R2, R3, or RW (Waterfront Residential) zone. Restaurant Means a commercial premise, including a drive-through service facility, in which the principal business is the preparation and serving of food and refreshments to the public for consumption at tables within or outside the building and which may include the preparation of food in a ready-to-consume state for consumption off the premises. Retail Outlet Means a single retail store which is accessory to a permitted commercial use. Retail Store Means a building wherein goods, wares, merchandise, groceries, substances or articles are offered for sale to the general public, and may include the limited storage of goods, wares, merchandise, substances or articles, and shall not include any other use defined herein. Municipality of Greenstone Zoning By-law File P-3000 Page 85 Retirement Home - see Continuum-of-Care Facility Riding School - see Equestrian Establishment Right-of-way - see Easement Road - see Street, see also Private Road Room, Non-Habitable Means any room located within a dwelling that is not a habitable room, including but so as not to limit the foregoing, a laundry room, a pantry, a lobby, a stairway, a closet, a porch, a recreation room, a porch, a balcony, a private garage, an unfinished attic, a cellar, a boiler room and any space used for the service and maintenance of such dwelling or for vertical travel between storeys. Rooming Unit Means a room or rooms rented as sleeping and living quarters, without cooking facilities and may include an individual bathroom (see also lodging house establishment). Row House - see Dwelling, Row or Townhouse Rural Zone Means a WMF, MX, MIN, or RU zone. Municipality of Greenstone Zoning By-law File P-3000 Page 86 Salvage Yard Means a lot and/or building or portion thereof where used goods, wares, merchandise, articles, motor vehicles, machinery or parts thereof are processed or sold for further use, dismantled or abandoned. This definition may include a junk yard, a wrecking yard, a scrap metal yard, and an automobile wrecking yard on the premises. Satellite Dish/Receiver Means a structure designed, used or intended to be used to send or receive signals to or from a satellite. Sauna Means an accessory building or structure wherein facilities are provided for the purpose of a sauna bath, either wet or dry, and may include a change/relaxation room, storage areas and a washroom but not kitchen or sleeping facilities. Sawmill or Planing Mill Means a building, structure or area where timber is cut or sawed, either to finished lumber or as an intermediary step. Sawmill, Portable Means equipment which is portable (e.g., may be drawn by a motor vehicle) and is used on a temporary basis for the cutting of saw logs. School Means an institutional facility for education or instruction as defined in the Education Act or the Ministry of Training, Colleges and Universities Act. Municipality of Greenstone Zoning By-law File P-3000 Page 87 Seaplane Base Means a type of airport that is located in a body of water, usually a river, bay, harbor, or lake, where seaplanes and amphibious aircraft take-off and land and may include shore-side facilities for the launching, docking, servicing, repairing or refueling of seaplanes Seating Capacity Means the number of persons which can be accommodated in a building or structure or part thereof in a seated position on chairs, benches, forms or pews. Self-Storage Facility Means a commercial premise wherein items are stored in separate, secured storage areas or lockers and may include the exterior storage of recreational equipment and recreational vehicles. Semi-Detached Dwelling - see Dwelling, Semi-Detached Sensitive Land Use Means 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 environment. Examples of sensitive land uses may include, but are not limited to: residences, day care centers, and educational and health facilities. Municipality of Greenstone Zoning By-law File P-3000 Page 88 Separation Distance Means the horizontal distance between buildings or structures or physical features measured from the closest point of the exterior wall or identifiable boundary of such building or structure, or of such physical structure. Septage Means untreated sanitary waste from a septic tank, privy or holding tank. Service Outlet or Shop Means a commercial premise, whether in conjunction with a retail store or not, used for the repair and servicing of goods, commodities, articles or materials, but not the manufacturing thereof. Automotive repairs and services are not permitted under this definition. Setback Means: 1. With reference to a street, the least horizontal distance between the front lot line and the nearest building line. 2. With reference to a lot line, means the least horizontal distance between the lot line and the nearest building line. 3. With reference to a water body, the least horizontal distance between the high-water mark and the nearest building line. 4. With reference to a building, structure or land use and not applicable under paragraph (1) or (2), shall mean the least horizontal distance from the building, structure or land use in question; and Municipality of Greenstone Zoning By-law File P-3000 Page 89 5. With reference to a private road, shall mean the least horizontal distance between the edge of the travelled portion of the road or surveyed boundary and the nearest building line of any building or structure, or the limit of the private road as shown and measured on a survey. Sewage Works Means any works for the treatment and disposal of sewage in a waste water stabilization pond and includes hauled sewage. Shipping Container - see Storage Container Shooting Range or Rifle Club Means a premise for commercial or private recreational target practice, skeet shooting, pistol shooting, rim fire and centre fire, a sporting clay range rifle shooting, archery, gun or hunter safety instruction and may include accessory uses and facilities. Shoreline Means a lot line or portion thereof which abuts or parallels the high-water mark of a water body. [See also High-Water Mark.] Shoreline Buffer Zone Means a natural area, adjacent to a shoreline, maintained or re-established in its natural state, with the exception of minimal pruning of vegetation, the removal of trees for safety reasons, for the purpose of protecting natural habitat and water quality and minimizing the visual impact of buildings or structures on a lot, and may include the installation of a pathway or trail providing water access. Municipality of Greenstone Zoning By-law File P-3000 Page 90 Sight Triangle Means a triangular space, free of buildings, structures and obstructions, including vegetation, formed by the street lines abutting a corner lot and a third line drawn from a point on a street line to another point on a street line, each such point being the required sight distance from the point of intersection of the street lines [See Figure 3.21]. Sign Means any writing, letter work or numeral, any pictorial representation, illustration, drawing, image or decoration, any emblem, logo, symbol or trademark or any device with similar characteristics which: 1. Is a structure, or part of a structure, or which is attached thereto or mounted thereon; and 2. Which is used to advertise, inform, announce, claim, give publicity or attract attention. Figure 3.21: Sight Triangle Municipality of Greenstone Zoning By-law File P-3000 Page 91 Significant Habitat of Endangered and Threatened Species Means the habitat, as approved by the province that is necessary for the maintenance, survival, and/or the recovery of naturally occurring or reintroduced populations of endangered species or threatened species, and where those areas of occurrence are occupied or habitually occupied by the species during all or any part of its life cycle. Significant Wildlife Habitat Means a wildlife habitat that is ecologically important in terms of features, functions, representation or amount, and contributing to the quality and diversity of an identifiable geographic area or natural heritage system. Skateboard Park Means a building or structure or part thereof or an area of land occupied by structures used in skateboarding, roller skating, rollerblading, BMX riding or other similar activities, such structures including ramps, half-pipes, rails, etc. A skateboard park may be part of a park. Sleep Cabin - see Guest Cabin Solar Collector Means a device consisting of photovoltaic panels that collect solar power from the sun. A solar collector may be ground mounted or rooftop mounted or a wall mounted device [see photo]. Municipality of Greenstone Zoning By-law File P-3000 Page 92 Solar Collector, Commercial Means a Class 3 ground mounted device with a name plate capacity of less than or equal to 10 kW consisting of photovoltaic panels that collect solar power from the sun [see photo]. Solarium Means a glassed-in structure or room projecting from an exterior or main wall of a building which may be used for sunning, therapeutic exposure to sunlight, or for a use where the intent is to optimize exposure to sunlight. Solid Waste Disposal Site - see Waste Management Facility Stacking Lane Means an on-site lane for motorized vehicles which accommodates vehicles using a drive-through facility that is separated from other vehicular traffic and pedestrian circulation. Stacking lanes may be separated by any combination of barriers, markings or signage. Stacking Space Means a portion of a stacking lane which provides standing room for motor vehicles in a queue for a drive- through facility while the occupants are awaiting service [see Figure 3.22]. Figure 3.22: Stacking Lanes Municipality of Greenstone Zoning By-law File P-3000 Page 93 Storage Container Means a pre-fabricated metal or steel accessory structure used for the transport and/or storage of storage of goods and materials but shall not include the body of a transport trailer, or strait truck box, or motor vehicle [see photos]. Storey Means that portion of a building other than a cellar or basement included between the surface of any floor and the surface of the floor, roof deck, ceiling or roof immediately above it. [See Figure 3.23] Street Means an improved public thoroughfare, lane, road or highway affording principal means of access or entrance to abutting properties, and which has been assumed and is maintained year-round by a public authority. Street Allowance Shall have a corresponding meaning to that of public street or private road. Street Line Means the limit of the road or street allowance and is the dividing line between a lot and a street or a private road. Figure 3.23: Storey Municipality of Greenstone Zoning By-law File P-3000 Page 94 Structure Means anything constructed or erected, the use of which requires location on the ground or attached to something having location on the ground and, without limiting the generality of the foregoing, includes a recreational vehicle, a sign, a swimming pool, a deck, and an individual on-site sewage service (i.e., septic tank). Studio Means a building or part thereof used: 1. As the workplace of a cabinetmaker, ornamental welder, photographer, artist, or artisan or any similar artist or craftsman, where unique articles are made or fabricated and includes the accessory retail sale of articles produced on the property; 2. For the instruction of art, music, languages or similar disciplines. Swimming Pool Means an open or covered pool designed to be used for swimming, wading, diving or recreational bathing and may include a hot tub, inflatable pool or whirlpool but shall not include a natural dug or dammed pond intended for aesthetic or agricultural purposes. Tavern Means a "tavern" as defined by the Liquor License Act. Temporary Building Means a building or structure intended for removal or demolition within a prescribed time as set out in a building permit. Municipality of Greenstone Zoning By-law File P-3000 Page 95 Temporary Car Shelter Means a prefabricated temporary structure usually constructed with a 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 motor vehicle or other equipment and is designed to be dismantled or removed [see Figure 3.24]. Top of Bank Means the first significant lake ward break in a ravine slope where the break occurs such that the grade beyond the break is flatter than 3:1 measured perpendicularly from the break. Tourist Establishment Means a commercial premise used for the purpose of sleeping accommodation on a temporary basis by tourists or vacationers, including a motel, lodge or bed and breakfast establishment, and rental cottage or cabin where more than 3 such rental units occupy the same property, including accessory uses such as dining, meeting and beverage rooms and similar uses. Tourist Outfitters Establishment Means a commercial premise operated throughout all or part of a year which may or may not furnish overnight accommodation and facilities for serving meals and furnishes equipment, supplies or services to persons in connection with angling, hunting, camping or other similar recreational purposes. Townhouse - see Dwelling - Row of Townhouse Trailer, Travel Trailer or Recreational vehicle - see Recreational Vehicle Figure 3.24: Temporary Car Shelter Municipality of Greenstone Zoning By-law File P-3000 Page 96 Trailer Park - see Campground Transfer Station - see Recycling Depot Triplex - see Dwelling, Triplex Transportation Depot or Truck Terminal Means land buildings or structures where commercial vehicles are kept for hire, rental and/or leased, or stored and/or parked for remuneration and/or from which such vehicles are dispatched for hire as common carriers and where such land, structure or building may be used for the storage and/or distribution of goods, wares, and merchandise. Use or Used Means the purpose for which a lot or a building or a structure is designed, arranged, occupied or maintained. Use, Accessory - see Accessory Use Vehicle - see Motor Vehicle Veranda - see Porch Veterinary Establishment - see Animal Shelter Municipality of Greenstone Zoning By-law File P-3000 Page 97 Video Rental Outlet Means a building or part of a building wherein the principal use is the rental of video materials (e.g., DVDs, tapes, Blu-ray discs, etc.) and may include the rental of video cassette recorders, video cameras, video games and the sale of other such items related to audio-visual entertainment. Warehouse Means a commercial premise used for the storage of general merchandise warehousing, cold storage or other storage facilities and includes a centre for distribution of wholesale goods and commodities for resale to retailers; to industrial, commercial, institutional or professional users, and/or to other wholesalers. [See also Self Storage Facility] Waste Management Facility Means a site which is licensed or approved by the Ministry of the Environment, Conservation and Parks and/or its agents where garbage, refuse, domestic or industrial waste, excluding radioactive or toxic chemical wastes, is disposed of or dumped. This definition shall include waste transfer stations, processing sites, septage disposal, and recycling depots [see also Recycling Depot or Transfer Station]. Water Access Lot Means a lot that is accessed by a navigable water body. Water Body Means any bay, lake, river, natural watercourse or canal but excluding a drainage or irrigation channel. Wayside Pit Municipality of Greenstone Zoning By-law File P-3000 Page 98 Means land from which unconsolidated aggregate is removed by means of open excavation on a temporary basis for use by a road authority solely for the purpose of a particular project or contract of road construction and not located on the road right-of- way. Wayside Quarry Means land from which consolidated aggregate is removed by means of open excavation on a temporary basis for use by a public authority solely for the purpose of a particular project or contract of road construction and not located on the road right- of-way. Welding Shop Means a commercial premise where metal products are joined, repaired or shaped by welding but no mass productions shall be involved. Wellness Centre Means a commercial premise devoted to the actively sought goal of good health and includes the teaching and practice, in both individual and group sessions, of a range of holistic, alternative and integrative natural health practices and may include meditation, acupuncture, shiatsu, massage therapies, yoga, and healthy eating programs, and may include accessory uses such as administrative offices, physical fitness rooms, and waiting rooms, directly associated with the premises, but excludes a recreational commercial establishment. Wetland Means lands that are seasonally or permanently covered by shallow water, as well as lands where the water table is close to or at the surface. In either case the presence of abundant water has caused the formation of hydric soils and has favoured the dominance of either hydrophytic or water tolerant plants. The four major types of wetlands are swamps, marshes, bogs and Municipality of Greenstone Zoning By-law File P-3000 Page 99 fens. Lands being used for agricultural purposes, that are periodically "soaked" or "wet", or which no longer exhibit wetland characteristics are not considered to be wetlands for the purposes of this definition. Wetland - Provincially Significant Means a wetland, or coastal wetland identified as provincially significant by the Ontario Ministry of Natural Resources and Forestry using evaluation procedures established by the Province, as amended from time to time. Wetland - Locally Significant Means a wetland identified as locally significant by the municipality using science-based evaluation procedures. Wholesale Establishment Means a building or part of a building where goods, wares, merchandise or articles are stored in bulk for sale in wholesale quantities but does not include premises where any goods, wares, merchandise, substances or articles are offered or kept for sale at retail. Wind Farm Means a collection of wind turbines all in the same geographical location which are used in combination for the generation of mechanical or electrical generation. Wind Turbine Means a non-commercial wind energy conversion structure consisting of a wind turbine, a tower and associated control or conversion electronics which is intended to provide electrical power for use on-site and is not intended or used to produce power for resale. The definition of wind turbine also includes vertical axis wind turbines which consist of blades rotating around a vertical motor shaft. For the purposes of this By-law, a wind turbine shall be considered an accessory structure. Municipality of Greenstone Zoning By-law File P-3000 Page 100 Wind Turbine, Commercial Means a Class 2, 3 or 4 wind facility with a name plate capacity greater than or equal to 3 kW machine designed and used for converting the kinetic energy in wind into mechanical energy or electrical energy. Workshop - see Custom Workshop Wrecking Yard - see Salvage Yard Yard Means an area of open land between a main wall of a building and a lot line that, except for landscaping or accessory buildings and projections specifically permitted elsewhere in this By-law, is unobstructed above grade [see Figures 3.25 & 3.26]. Yard, Front Means the area between a main wall of a building and a lot line that, except for landscaping or accessory buildings, structures and uses and projections specifically permitted elsewhere in this By-law, is unobstructed above grade. [see Figures 3.25 & 3.26]. Figure 3.25: Yard Definitions Municipality of Greenstone Zoning By-law File P-3000 Page 101 Figure 3.26: Yard Definitions Municipality of Greenstone Zoning By-law File P-3000 Page 102 Yard, Rear Figure 3.27: Yard Definitions Municipality of Greenstone Zoning By-law File P-3000 Page 103 Means a yard extending across the full width of the lot between the rear lot line and a line drawn parallel or concentric thereto and through the point of the main wall of the main building closest to the rear lot line. Where there is no rear lot line, the rear yard shall be measured from the intersection of the side lot lines to the closest point of the main wall of the main building [see Figures 3.25 & 3.26]. Yard, Sale Means the occasional or infrequent sale (e.g., one or two days annually) of household goods, clothing, furniture, tools, recreational equipment or other second-hand articles or sundry items, usually by the households on an individual property, and may include a joint sale by neighbours on the same street or a joint sale at a school, a place of worship or other location. [See also flea market] Yard, Side Means a yard extending from the front yard to the rear yard between the side lot line and a line drawn parallel or concentric thereto and through the point of the main wall of a building closest to the side lot line [see Figures 3.25 & 3.26]. Yard, Exterior Side Means a side yard adjacent to a street [see Figures 3.25 & 3.26]. Yard, Interior Side Means a side yard other than an exterior side yard [see Figures 3.25 & 3.26]. Yurt Means a circular domed tent-like structure usually consisting of a wooden frame covered by material and capable of being used on a recreational basis for temporary accommodation. Municipality of Greenstone Zoning By-law File P-3000 Page 104 Zone Means a designated area of land use demarcated on the Schedules attached hereto. Zone Regulation Means any provision of this By-law which is listed under the heading "Zone Regulations" or referred to as a zoning regulation and governs the erection of any building or structure or the use of land. Zoning Administrator Means the officer, employee or such other person as may from time-to-time be designated by Council charged with the duty of enforcing the provisions of this By-law. Municipality of Greenstone Zoning By-law File P-3000 Page 105 Section 4 GENERAL PROVISIONS 4.1 Accessory Buildings, Structures and Uses 4.1.1 General 1. Accessory uses, buildings and structures shall be permitted in all zones as set out in the list of permitted accessory uses for each specific zone. 2. Accessory uses, buildings and structures shall comply with the zoning regulations for the zone in which they are permitted. Where there is no minimum setback or other zone regulation specified for a permitted accessory building, or structure the minimum yard requirement or other zone regulation of the applicable zone shall apply. 3. All accessory uses, buildings and structures to a permitted principal use or main building shall be located on the same lot and in the same zone as the principle use or main building. 4. Accessory uses, buildings and structures shall not be erected or established prior to the erection or establishment of the main building or use except for: a. A permitted temporary building [see Section 4.29] during the term of an active building permit; or Explanatory Note The General Provisions section of the Zoning By-law sets out regulations which apply regardless of the specific zoning (Section 5). While the zones provide site specific controls corresponding to such items as permitted uses and other restrictions, the General Provisions provide regulations more general in nature. Development must comply with all applicable provisions in the General Provisions in addition to the requirements of the specific zone regulations set out in Sections 6 through 24. Municipality of Greenstone Zoning By-law File P-3000 Page 106 b. An individual on-site sewage disposal system; c. A dock. d. A recreational vehicle where permitted under Section 4.22.4. e. A detached private garage provided construction of the primary building shall commence within two (2) years of the issuance of the building permit for the detached private garage. 5. No accessory building or structure shall be erected closer to the front lot line or the exterior side lot line than the minimum front yard and external side yard setbacks required for the main building except for: a. A shelter for use by children waiting for a school bus, if such use is located in a rural zone. b. A farm produce outlet if such structure is located in a rural zone. c. A freestanding satellite dish/receiver or solar collector or wind turbine (but not including a communications facility); d. Recycling and waste control containers; e. A sign erected in compliance with the zone regulations of this By-law or a By-law enacted under the Municipal Act; f. Outdoor storage or outdoor display where permitted in this By-law; g. A temporary car shelter; h. Any landscaping permitted in this By-law; Municipality of Greenstone Zoning By-law File P-3000 Page 107 i. A gate house used for security for a gated residential complex or a permitted non-residential use; For subsections (a), (b), (d) (e), (f), (g), and (i), the above setback shall be a minimum of 3m [9.84 ft.] from the front lot line or exterior side yard lot line or rear lot line in the case of a water front lot, and shall comply with the interior side yard and rear yard setbacks in the zone in which they are located. 6. Common detached private garages which are detached from the main building may be mutually centred on the side lot line. 7. A green roof, a geothermal power facility, a solar collector, an electric vehicle recharge station and a wind turbine are permitted accessory uses in any zone. 8. Legal non-conforming uses shall be permitted to have accessory uses with the provisions in this section of this By- law and the zone regulations of the applicable zone. 9. A detached private garage may be equipped with sanitary facilities where the sanitary facilities comply with Section 4.31 - Water and Sewage Disposal Systems. 10. A deck is not an accessory use unless detached from a dwelling. 11. All fuel storage tanks above or below ground for any fossil fuels or propane shall comply with the Technical Standards and Safety Act, 2000 and no building permit shall be issued without the prior approval of any equipment or fuel storage facilities by the Technical Standards & Safety Authority. 4.1.2 Accessory Residential Uses 1. One (1) guest cabin or one (1) loft-above-a-garage above a detached garage shall be permitted per lot as an accessory use to a permitted dwelling in a Waterfront Recreational (RW) Zone provided that there is adequate sewage capacity in compliance with Section 4.31. 2. No guest cabin above a detached private garage shall be located less than 3 m [9.84 ft.] to any interior lot line or rear lot line or main building. Municipality of Greenstone Zoning By-law File P-3000 Page 108 3. No guest cabin or loft-above-a garage shall be permitted on a lot occupied by a garden suite. 4. An additional residential unit shall be permitted as an accessory use to a single detached dwelling or a semi- detached dwelling or a row or a townhouse dwelling except in an R3 and RW Zone and in any other zone where the additional residential unit cannot be adequately serviced with an individual on-site system in compliance with Section 4.31. No free-standing accessory residential use or additional residential unit shall be located closer than 3 m [9.8 ft.] from any rear lot line or interior side yard lot line nor constructed on a residential lot having a lot area of less than 300 m2 [3,229.2 ft.2]. 5. A storage container may be used as a free standing additional residential unit where constructed in compliance with the Building Code Act. See also Section 4.1.8 Garden Suites. 4.1.3 Bed and Breakfast Establishments 1. A bed and breakfast establishment shall be permitted as an accessory use to any permitted single detached dwelling. 2. A maximum of four (4) guest rooms shall be permitted for any one bed and breakfast establishment. 3. The use of the dwelling as a bed and breakfast establishment shall not change the residential character of the dwelling. 4. Bed and breakfast establishments shall not be subject to the home based business regulations of Section 4.11 of this By-law. 5. The bed and breakfast establishment shall comply with any applicable requirements of the local Health Unit, the Building Code, and the Fire Code. Municipality of Greenstone Zoning By-law File P-3000 Page 109 6. One (1) sign only not exceeding 1 m2 [10.76 ft2] in surface area shall be permitted to advertise a bed and breakfast establishment. The permitted sign may be a freestanding sign in a front or side yard or may be attached to a wall of a permitted building or structure. 7. A breakfast service shall be made available to guests. 8. A bed and breakfast establishment shall comply with the applicable parking regulations of Section 4.22 of this By- law. 9. A bed and breakfast establishment shall require proper licensing from the municipality where applicable. 4.1.4 Boat Houses 1. One (1) only single storey one-bay boat house shall be permitted as an accessory use to a permitted seasonal dwelling or single detached dwelling in an RW Zone. 2. A boat house shall not be erected closer than 5 m [16.4 ft.] from the nearest adjacent lot line [see Figure 4.1]. 3. A boat house shall not be used for sleeping accommodation or human habitation. 4. A flat roofed boat house may be used as a roof-top deck or patio. 5. The provisions for boat houses in this section shall apply to a marina except Sections 4.1.4.1, and 4.1.4.4. 4.1.5 Docks 1. Docks shall be limited to floating, cantilevered or post dock construction. Figure 4.1: Boat House Location Municipality of Greenstone Zoning By-law File P-3000 Page 110 2. No dock shall be permitted which constitutes a navigation or safety hazard. 3. In water bodies with a width of 150 m [492.1 ft.] or less, no dock shall be constructed which will exceed 20% of the width of the adjacent water body. 4. No dock with a crib area of greater than 15 m2 [161.4 ft.2] shall be constructed without a valid permit issued by the Ministry of Northern Development and Mines, Natural Resources and Forestry. 4.1.6 Fences in a Residential Zone Any fence erected hereafter within the municipality shall conform to the provisions of the Municipality's Fence By-laws #16-07 and #16-27 as enacted under the Municipal Act. 4.1.7 Fences in a Non-Residential Zone Any fence erected hereafter within the municipality shall conform to the provisions of the Municipality's Fence By-laws #16-07 and #16-27 as enacted under the Municipal Act. 4.1.8 Garden Suites Subject to the passing of a site-specific temporary use By-law under Section 39 of the Planning Act, a garden suite shall be permitted as an accessory use to a permitted single detached dwelling provided: 1. The minimum lot area conforms to the zone in which the garden suites are to be located. 2. The maximum gross floor area of the garden suite shall not exceed 50% of the gross floor area of the principle dwelling on the lot. 3. The maximum height of the garden suite shall be one storey. 4. The garden suite shall be located in a rear or interior side yard and shall meet the zone regulations for building separation and lot coverage in the zone in which the garden suite is located. 5. The minimum setback from a rear lot line or interior side yard lot line shall be 3 m [9.84 ft.]. Municipality of Greenstone Zoning By-law File P-3000 Page 111 6. A garden suite shall not be permitted on a lot occupied by an existing guest cabin or loft-above-a-garage or an additional residential unit. (See 4.1.2.4) 4.1.9 Pumphouse A pumphouse may be erected and used in the shoreline buffer zone provided its location complies with the minimum interior side yard setback. 4.1.10 Storage Containers in a Residential Zone No person shall place a storage container in any residential zone or on a lot used for a residential use in the Rural Zone except in accordance with the following: 1. One (1) only storage container shall be permitted per residential lot. 2. The dimensions of a storage container shall not exceed 6 m [19.6 ft.] in length, 2.4 m [7.8 ft.] in width or 3 m [9.8 ft.] in height. 3. No stacking of storage containers shall be permitted. 4. No storage container shall be used for human habitation except where converted to comply with the Building Code Act (see Section 4.1.2.4). 5. A storage container shall be located in the rear yard only. 6. The minimum separation distance of a storage container from any other building shall be 3 m [9.8 ft.]. 7. A storage container shall comply with all other yard setbacks in the zone in which the storage container is located. 8. A storage container shall not be used for the purpose of display or advertising or as a component of a fence. 9. A storage container not exceeding the dimensions in Section 4.1.10.2 shall be permitted in a driveway on a residential property for a period not to exceed five (5) days and only for the purpose of loading or unloading Municipality of Greenstone Zoning By-law File P-3000 Page 112 household items during the process of moving, but in no case shall encroach upon a public sidewalk or create a site line obstruction to traffic. 10. A storage container shall not be used for the storage of fuels or hazardous materials. 11. A storage container shall be vented. 12. A storage container shall meet the applicable requirements of the Ontario Building Code. 4.1.11 Storage Containers in a Non-Residential or Rural Zone 1. Storage containers shall be permitted in a non-residential zone or rural zone. 2. One (1) only storage container shall be permitted per residential lot. 3. No storage container shall be used for human habitation except where converted to comply with the Building Code Act (see Section 4.1.2.4) and only where a dwelling is permitted in the zone. 4. A storage container shall be located in the rear yard only. 5. No storage container shall be located on a designated parking space, aisle or access driveway. 6. The minimum separation distance from any other building other than another storage container shall be 2 m [6.5 ft.]. 7. A storage container shall comply with all other yard setbacks in the zone in which the storage container is located. 8. A storage container shall not be used for the purpose of display or advertising or as a component of a fence. 9. A storage container shall not be used for the storage of fuel or hazardous substances. 10. A storage container shall be vented. Municipality of Greenstone Zoning By-law File P-3000 Page 113 11. Any storage container shall meet the requirements of the Ontario Building Code. 4.1.12 Swimming Pools Any private swimming pool hereafter within the municipality shall conform to the provisions of the Municipality's Swimming Pool By-law #05-23 as enacted under the Municipal Act. 4.1.13 Temporary Car Shelter 1. Temporary car shelters shall only be located on a designated parking space or driveway. 2. The minimum setback of a temporary car shelter shall be 3 m [9.84 ft.] from a front yard lot line or exterior front yard lot line and 1.5 m [4.92 ft.] from an interior side yard lot line. 3. No temporary car shelter shall be erected so as to obstruct a sight triangle. (See also Section 4.26 Sight Triangle.) 4.2 Automotive Service Station, Gas Bar, Car Wash Despite any other provisions contained in this By-law, for all zones within which an automotive service station, gas bar and/or car wash are permitted, the following zone regulations shall apply: 1. Minimum lot frontage ...................................................................... 50 m [164 ft.] 2. Minimum front yard ........................................................................ 15 m [49.2 ft.] 3. Minimum exterior side yard ............................................................ 15 m [49.2 ft.] 4. Minimum interior side yard .............................................................. 6 m [19.7 ft.] 5. Minimum rear yard ........................................................................ 10 m [32.8 ft.] 6. Minimum setback from a canopy and any lot line .............................. 10 m [32.8 ft.] 7. Minimum setback of any pump island from any lot line ...................... 10 m [32.8 ft.] 8. Minimum entrance width for one way entrance .................................... 6 m [19.7 ft.] 9. Minimum width for a two-way entrance .............................................. 9 m [29.5 ft.] 10. Maximum entrance width ................................................................ 12 m [39.4 ft.] 11. Minimum distance between any two entrances and/or exits ............. 22.5 m [73.8 ft.] Municipality of Greenstone Zoning By-law File P-3000 Page 114 12. Minimum distance between an entrance or exit and the intersecting street lines on a corner lot......12 m [39.4 ft.] 13. Minimum number of entrances ........................................................................... 2 14. All fuel storage tanks above or below ground for any fossil fuels or propane shall comply with the Technical Standards and Safety Act, 2000 and no building permit shall be issued without the prior approval of any equipment or fuel storage facilities by the Technical Standards & Safety Authority. 4.3 Buildings to be Moved No building or structure shall be moved within the limits of the Municipality or shall be moved from outside the Municipality into the Municipality unless the building or structure is a permitted use and satisfies all the regulations of the zone in which it is to be located. 4.4 Change of Use A use of a lot, building or structure which, under the provisions hereof is not permitted within the zone in which such lot, building or structure is located, shall not be changed except to a use which is permitted within such zone or as otherwise authorized by the Committee of Adjustment under Section 45(2) of the Planning Act. 4.5 Cumulative Standards Notwithstanding anything contained in this By-law, where any land, building or structure is used for more than one purpose, all provisions of this By-law relating to each use shall be complied with. 4.6 Established Building Line in Built-up Area Despite any other zone regulation of this By-law, in any residential zone (see Section 5.2 for list of zones), the front yard setback for a dwelling to be constructed between existing buildings or adjacent to existing buildings which are separated by no more than 60 m [196.8 ft.], may be reduced to a setback equal to the average setback of the said existing buildings or 6 m [19.6 ft.], whichever is the greatest [see Figure 4.2]. An established building line shall not apply to any shoreline property. Example of cumulative standards: where a lot is to be developed for a commercial use and an accessory dwelling, the number of parking spaces required would include the combined total of those for the commercial use plus those for the dwelling. Municipality of Greenstone Zoning By-law File P-3000 Page 115 4.7 Exception Zone Where a zone symbol is followed by the suffix "-X" this shall mean that a specific exception is being made to one or more of the zone regulations of that zone for a specific area governed by the By-law. All other applicable provisions of the By-law shall continue to apply. A number after the "-X" (e.g., R1-X1) indicates the chronological order of the various exception zones. 4.8 Flood Plain No dwelling shall be constructed or extended or expanded below the regulatory flood elevation of any water body (see Section 4.8.3.4) and no person shall use any land or erect, alter or use any building or structure in the flood plain of any water body except in accordance with the following provisions: 4.8.1 Permitted Uses Within the Flood Plain 1. Buildings or structures intended for flood or erosion control or slope stabilization; Figure 4.2: Established Building Line in a Residential Zone Municipality of Greenstone Zoning By-law File P-3000 Page 116 2. Conservation Use excluding any buildings or structures; 3. Forestry Use excluding any buildings or structures; 4. Parks excluding any buildings or structures; 5. Electricity generation facilities and transmission and distribution systems; 6. Marine Facility; 7. Marina; and 8. Infrastructure incidental to a water supply or waste water treatment facility such as a water intake or sewer outfall but not including the main building of a water filtration plant or waste water treatment facility. 4.8.2 Prohibited Uses Buildings and structures shall not be permitted to locate in hazardous lands where the use is: 1. An institutional use including hospitals, a day nursery, pre-schools, school nurseries, a continuum-of-care facility, long-term care homes and a school. 2. An essential emergency service such as that provided by fire, police and ambulance stations and electrical substations, and 3. Uses associated with the disposal, manufacture, treatment or storage of hazardous substances. 4.8.3 Flood Plain Zoning Standards 1. No building or structure shall be erected closer than 15 m [49.2 ft.] from the flood elevation or flood line of a water body. Municipality of Greenstone Zoning By-law File P-3000 Page 117 2. Where no flood elevation or flood line has been established, the setback from the top of bank shall be 30 m [98.4 ft.]. 3. Lands subject to flooding shall not be included in the calculation of the minimum lot area. 4. For the purposes of this By-law, the regulatory flood elevation for the following waterbodies is: a. Long Lake - 313.94 m CGD [1,030 ft.]. b. Hardrock Creek in the area located between First Street West and First Street East - 332.5 CGD [1,090.8 ft.]. c. Hardrock Creek in the areas located upstream of First Street West and downstream of First Street East - 2.5 m [8.2 ft.] above the creek bottom. d. Kenogamisis Lake - 331.28 m CGD [1,086.8 ft.] including a 0.93 m [3.05 ft.] wave uprush. e. Lake Nipigon - 260.6 m CGD [854.9 ft.]. 5. Any new building or structure or any expansion of or addition to any buildings or structures permitted in the flood plain shall incorporate appropriate engineered construction techniques which reduce or eliminate the risks of flood damage or damage from unstable slopes. 4.9 Frontage on a Street No person shall erect any building or structure or use any land in any zone unless the lot upon which such building or structure is to be erected or the land to be used has access to and meets the minimum lot frontage on a (public) street. 4.9.1 Exceptions Despite the above, access to a lot shall be permitted: 1. For a permitted use located on an existing private road, easement or a private road located in a registered condominium. Municipality of Greenstone Zoning By-law File P-3000 Page 118 2. For a resource related use located on Crown Land. 3. For a communications facility. 4. For a public utility. 5. For a wayside pit or quarry. 6. For a water access lot or an island. 7. For any passive outdoor recreational use or activity such as skiing, snowmobiling, hiking, mountain biking or similar activities. 8. For a farm field 9. For mineral exploration, and 10. Where all other applicable zone regulations are met. 4.9.2 Exception for Existing Agreements 1. Despite Section 4.9.1 where a development or subdivision agreement exists between the Municipality and a land owner and is registered on title, access to an unassumed, unopened or unmaintained public right-of-way shall be deemed to comply to the provisions of this section, provided that the development is in conformity with the zone regulations set out in the corresponding zone or any exception thereto. 2. Despite Section 4.9.1, where a legal right-of-way or a registered on title and provides for a right-of-way to an existing lot which is developed for a single detached dwelling or seasonal dwelling, such uses shall be deemed to comply with the provisions for access of this By-law. Municipality of Greenstone Zoning By-law File P-3000 Page 119 3. Despite Section 4.9.1, where an agreement entered into with the Municipality for access via an unopened road allowance is registered on title and provides for an easement to an existing lot which is developed or intended to be used for a permitted use, such uses shall be deemed to comply with the provisions for access of this By-law. 4. In addition to all the requirements of the Corporation, all development adjacent to any Provincial Highway is also subject to the requirements and permits of the Ministry of Transportation. 4.10 Group Homes A group home shall be permitted in all residential zones provided the lot is located on an improved street only and not a private road. 4.11 Home Based Businesses 4.11.1 Scope of Permitted Home Based Businesses The following home based businesses shall be permitted in any zone where a home based business is permitted: 1. Professional and consulting services including but not limited to an architect, engineer, financial advisor, accountant, consultant, legal services, physician, teleworker. 2. Instructional services include but not limited to music lessons, dance, art, academic tutoring. 3. Home craft businesses including but not limited to quilter, potter, jeweler, painter/visual artist, small scale assembler, woodworking. 4. A day nursery or private home day care. 5. Distribution sales office, mail order sales or on-line sales and services including but not limited to cosmetics, clothing or small household appliances provided the product or service delivery is primarily from an off-site non- residential location. Municipality of Greenstone Zoning By-law File P-3000 Page 120 6. Offices for contractors and trades (i.e., plumber, electrician). 7. Repair services including but not limited to small appliances, computers but not including auto repair and similar services. 8. High technology uses including but not limited to internet services, office call center services, desktop publishing, computer hardware and software development. 9. Personal service establishment including but not limited to a hairdresser, barber, massage therapist, aesthetician. 10. Sale of bait for recreational fishing purposes. 11. Pet grooming establishment, but not including overnight keeping of animals. 12. A catering establishment. 13. A Studio. 14. Seed sales. 15. Gun repairs. 16. The sale of firewood. 17. The repair of household appliances. 18. A farm produce outlet. 19. A restaurant, clinic, any retail or wholesale store or vending outlet, animal shelter, multiple chair hairdresser or barber, place of amusement, funeral parlour, small engine repair, automobile repair, tourist establishment, workshop, storage yard, machine shop, auto repair garage, convalescent home, mortuary, a cannabis retail store or Municipality of Greenstone Zoning By-law File P-3000 Page 121 dispensary or a licensed cannabis production facility or any use that cannot be categorized under subsection 4.11.1 shall not be permitted as a home based business. A kennel may be established as a home based business where it meets the requirements of Section 4.13; 4.11.2 Zone Regulations for Home Based Businesses 1. The home based business shall be clearly accessory to the main permitted residential use. 2. A maximum of two (2) home based businesses shall be permitted in a dwelling. 3. The residential external character of the dwelling shall not be changed. 4. The business(es) may be conducted entirely within the dwelling or may be conducted in an accessory building provided that the home based business does not occupy more than 140 m2 [1,506 ft.2] of the accessory building or structure. The home based business(es) shall cumulatively not occupy more than 25% of the net floor area of the dwelling. 5. The home based business shall be operated by the owner or occupant of the dwelling on the lot on which the home based business is operated. 6. The home based business shall not create a public nuisance in regard to noise, traffic, parking or health safety. 7. The business (es) shall be legal and must have obtained the necessary permits or licenses from the Corporation and any other applicable government body having jurisdiction. Any licenses shall be deemed to expire on the 31st of December of each calendar year and shall be renewed annually. 8. No outdoor storage shall be permitted except where the home based business is established for the sale of firewood. 9. Only one (1) sign shall be permitted to advertise the home based business(es). The sign shall not exceed 1 m2 in surface area. The permitted sign may be a free-standing sign in a front or exterior side yard or may be attached to the wall of a permitted building or structure. The sign may be illuminated where the illumination is directed onto Municipality of Greenstone Zoning By-law File P-3000 Page 122 the sign and complies with Section 4.12 of this By-law. Signs may also be subject to any sign By-law enacted by the Municipality under the Municipal Act. 10. Parking for home based business(es) shall comply with Section 4.22 of this By-law. 4.12 Illumination Illumination of buildings, structures and grounds shall be permitted provided: 1. Illumination does not cause direct or indirect glare on a street or private road that may interfere with traffic or pedestrian safety. 2. Illumination does not consist of a colour or be so designed or located that it may be confused with traffic signals. 3. Illumination does not cause direct or indirect glare on land or buildings or structures on any adjacent property that creates a public health or safety issue. 4.13 Kennel A kennel shall only be permitted in an RU Zone. No part of any kennel shall be located less than 150 m [492 ft.] from an abutting or neighbouring lot occupied by a sensitive land use (e.g., dwelling, school, hospital, etc.) or a lot that permits a residential use. The distance separation shall be measured as the least horizontal distance from the nearest fence line of the sensitive land use to the main wall of the kennel building or the closest fence line of a kennel's dog run. 4.14 Land Suitability For Use 1. Despite any other provision of this By-law, no habitable building or structure shall be erected, altered or used on hazardous lands or hazardous sites unless the proponent or applicant for development can demonstrate through professionally acceptable engineering techniques that the physical constraint can be mitigated or overcome and that the requirements of the Ontario Building Code with respect to construction and the requirements of the Ontario Water Resources Act and the Ontario Building Code with respect to the installation of an individual on-site sewage and water system can be met; and 2. Flood plains, wetlands, lands under water, and lands between the top of the bank and a water body shall not be used to calculate the minimum lot area requirements of any zone in this By-law (see also Section 4.8). Municipality of Greenstone Zoning By-law File P-3000 Page 123 4.15 Licenses, Permits and Other By-laws Nothing in this By-law shall exempt any person from complying with the 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 of Greenstone or by any other provincial or federal law in force from time to time. 4.16 Loading/Delivery Space Regulations For every building or structure erected for a commercial use, institutional use or industrial use involving the receiving, shipping or unloading of merchandise or other goods, loading/delivery spaces shall be required in accordance with the following zoning regulations: 1. Minimum loading/delivery space height clearance ..................... 4.25 m [13.9 ft.] 2. Minimum loading/delivery space width ..................................... 3.75 m [12.3 ft.] 3. Minimum loading/delivery space length ...................................... 10 m [32.8 ft.] 4. Minimum aisle or driveway width leading to a loading/delivery space . 6m [19.6 ft.] 5. Minimum no. of loading/delivery spaces 0 for net floor area less than 200 m2 [2,152.8 ft.2] 6. Minimum no. of loading/delivery spaces1 for net floor area of 200 m2-1,000 m2 [2,152.8 ft.2 - 10,764 ft.2] 7. Minimum no. of loading/delivery spaces1 for each additional 1,000 m2 [10,764 ft.2] 8. All loading spaces shall be located within the property boundaries (lot lines) of the lot on which they are located. 9. Minimum setback of any required loading/delivery space from any lot line shall be 3 m [9.84 ft.]. 10. The loading/delivery space regulations shall not apply to existing buildings or structures, but shall apply to any increase in the net floor area of an existing building or structure after the date of the passing of this By-law. 4.17 Mine Hazard No lands identified as having a mine hazard shall be used unless the mine hazard has been rehabilitated or measures taken to mitigate known or suspected hazards. Any required rehabilitation or mitigation measures shall be undertaken using acceptable engineering practices. 4.18 Minimum Distance Separation and Special Setbacks Despite the zoning regulations in this By-law, no person shall use any land, building or structure unless the use, building or structure complies with the following: Municipality of Greenstone Zoning By-law File P-3000 Page 124 4.18.1 Waste Management Facility 1. No development or land use shall be permitted within 30 m [98.4 ft.] of the licensed fill area of an active waste management facility. 2. No waste management facility shall be permitted within 30 m [98.4 ft.] from the high-water mark of any water body or wetland. 3. No waste management facility shall be permitted on land covered by water or in any area subject to flooding or in a wetland. 4.18.2 Pits and Quarries 1. No sensitive land use shall be permitted within 70 m [230 ft.] of the zone boundary of a pit measured as the shortest horizontal distance between the lot line of the sensitive land use and the zone boundary of the pit or the nearest face of the excavation, whichever is the closest. 2. No sensitive land use shall be permitted within 300 m [984 ft.] of a quarry measured as the shortest horizontal distance between the lot line of the sensitive land use and the zone boundary of the quarry or the nearest face of the excavation, whichever is the closest. 4.18.3 Industrial Uses 1. Class I Industrial - Light Industrial: The minimum separation distance from a sensitive land use and a Class I Industrial use shall be 20 m [65.6 ft.] and shall be measured as the shortest horizontal distance between the lot line of the sensitive land use to the lot line of the Class I Industrial Use. 2. Class II Industrial - Medium Industrial: The minimum separation distance from a sensitive land use and a Class II Industrial use shall be 70 m [230 ft.] and shall be measured as the shortest horizontal distance between the lot line of the sensitive land use to the lot line of the Class II Industrial Use. 3. Class III Industrial - Heavy Industrial: The minimum separation distance from a sensitive land use and a Class III Industrial use shall be 300 m [984.2 ft.] and shall be measured as the shortest horizontal distance between the lot line of the sensitive land use to the lot line of a Class III Industrial Use or a mine. Municipality of Greenstone Zoning By-law File P-3000 Page 125 4. Where an industrial use or sensitive land use is an existing use and an expansion or extension is proposed, the minimum separation distance for a Class I, II or III Industry shall be measured from the nearest main wall of the building or structure occupied by the sensitive land use and the nearest main wall of the building, structure, processing area, assembly or manufacturing area occupied by the industrial use. (See diagram illustrating separation regulation.) 4.18.4 Minimum Distance Separation Formulae I and II 1. The most recent version of the Minimum Distance Separation Formulae I and II of the Ministry of Agriculture, Food and Rural Affairs shall apply to new or expanding livestock facilities and the establishment of residential uses or Distance measured between Lot Line of existing Sensitive/Industrial Land Use and new Industrial/Sensitive Land Use Existing Residential Lot Existing Lot Line Separation Distance: Measured from the property line of the Industrial use to the property line of the Sensitive Land Use New Industrial Lot or Existing Lot Proposed Factory Class 1 - 20 m Class 11 - 70 m Class 111 - 300 m Municipality of Greenstone Zoning By-law File P-3000 Page 126 vice versa on properties adjacent or in proximity to livestock operations, but shall not apply between a dwelling and a livestock facility on the same lot. 2. Any new sensitive land use located on a lot greater than 1 ha [2.47 ac] created after the date of passing of this By- law shall comply with the Minimum Distance Separation Formulae I as amended by the province from time to time, where applicable. The Minimum Distance Separation Formulae I shall not apply to existing lots of record 1 ha [2.47 ac] or less. 3. Despite anything in this By-law to the contrary, where an existing sensitive land use that does not comply with the Minimum Distance Separation Formulae I is destroyed or rendered uninhabitable by fire or other natural cause, the building or structure may be reconstructed where the new building or structure is located no closer to a livestock facility than the original building or structure and the gross floor area and height are not increased. 4. The Minimum Distance Separation Formulae I shall not apply to the erection of a new dwelling that does not comply with the Minimum Distance Separation Formulae I where there are four or more existing non-farm uses closer to the subject livestock facility provided that the new dwelling is not constructed closer to the livestock facility than the four or more existing non-farm uses. 5. The Minimum Distance Separation Formulae I shall not apply to the construction of accessory buildings and structures to a permitted existing dwelling on the property (e.g., deck, garage, gazebo, greenhouse, picnic area, patio, shed). 6. The Minimum Distance Separation Formulae I shall not apply to proposed non-agricultural uses within an approved settlement area. 7. The Minimum Distance Separation Formulae I shall not apply to any cemetery that is closed to further use or receives low levels of visitation. 4.18.5 Water Bodies and Shoreline Buffer Zone 1. Subject to Section 4.8, the minimum setback from the high-water mark for dwelling, a non-residential or accessory building or structure or an individual on-site sewage service shall be 30 m [98.4 ft.] except for a marine facility or Municipality of Greenstone Zoning By-law File P-3000 Page 127 marina. The setback shall be measured as the shortest horizontal distance from the nearest main wall of the building or the edge of the filter bed/tile bed to the high-water mark. The setback from an intermittent creek may be reduced to 15 m [49.2 ft.]. 2. A shoreline buffer zone shall be maintained between the high-water mark and any permitted use, building or structure except a marine facility in a RW, OS and RU Zone. A shoreline buffer zone may be interrupted to provide for an access way or pathway to a water body or to provide for a viewscape of the adjacent or abutting water body provided that a clearing of the shoreline buffer zone shall not exceed 9 m [29.5 ft.] on a lot occupied by a residential use, or 50% of the shoreline frontage of a lot occupied by a commercial recreational use. 4.18.6 Wetland No dwelling, non-residential or accessory building or structure or an individual on-site sewage service shall be permitted within 30 m [98.4 ft.] of the boundary of a provincially or locally significant wetland or fish habitat. 4.18.7 TransCanada Pipelines 1. A minimum setback of 7.0 m [22.9 ft.] shall be required from any part of a building or structure from the edge of the TransCanada pipeline right-of-way. 2. A minimum setback of 3.0 m [9.84 ft.] shall be required from any part of an accessory structure from the edge of the TransCanada pipeline right-of-way/ 3. A minimum setback of 7.0 m ]22.9 ft.] from the nearest portion of a TransCanada pipeline right-of-way shall be required to any parking area or loading area, including any parking spaces, loading spaces, stacking spaces, bicycle parking spaces and any associated aisle or driveway. 4.18.8 Rail Corridor No building or structure shall be permitted within 30 m [98.4 ft.] of the right-of-way of an active rail corridor. 4.18.9 Ministry of Transportation The minimum setback from a provincial highway or highway intersection with a provincial highway for a building, structure¸ sign, open storage, outdoor display, a patrol yard or land use including a snowmobile or ATV recreational trail shall be as required by the Ministry of Transportation. Municipality of Greenstone Zoning By-law File P-3000 Page 128 4.19 Non-Complying and Non-Conforming Buildings and Structures 4.19.1 Reconstruction, Enlargement of a Non-Complying Building or Structure Nothing in this By-law shall prevent the enlargement, repair, renovation, reconstruction, or structural alteration of a building, or structure that existed one day prior to this By-law coming into effect, and which does not comply with the zone regulations or other requirements of this By-law provided: 1. The enlargement, repair, renovation, reconstruction, or structural alteration does not increase the situation of non- compliance; and 2. The enlargement, repair, renovation, reconstruction, or structural alteration does not pose a threat to public health or safety; and 3. All other applicable provisions of this By-law are complied with. 4.19.2 Non-Complying Lots 1. Despite anything else contained in this By-law, where a vacant lot having a lesser lot frontage and/or lot area than is required by this By-law is held under distinct and separate ownership from adjoining lots, according to the register for land in the Land Titles, or Registry Office, on the date of the passing of this By-law, it may be used for a purpose permitted in the zone in which the said lot is located, provided that no such lot has a lot area of less than 2,000 m2 [21,529 ft.2] in a RW or OS or RU Zone or cannot be adequately serviced with water and sewage services in compliance with Section 4.31 and provided all other applicable zone regulations in this By-law are complied with. 2. A non-complying lot that existed on the date of the passing of this By-law, and which does not comply with the minimum lot frontage and/or minimum lot area zone regulations of this By-law may be enlarged by a lot addition and the resultant lot shall be deemed to comply with all the zone regulations of this By-law including the minimum lot frontage and minimum lot area. All zone regulations applicable to any existing buildings on the resultant lot shall thereafter be deemed to comply with the zone regulations of this By-law. Municipality of Greenstone Zoning By-law File P-3000 Page 129 4.19.3 Non-Conforming Uses Nothing in this By-law shall apply to prevent the use of any land, building or structure for any purpose prohibited by the By-law if such land, building or structure was lawfully used for such purpose on the day of the passing of the By-law so long as it continues to be used for that purpose. The non-conforming use of any land, building or structure shall not be changed or enlarged except to a use which is in conformity with the provisions of the zone in which the land, building or structure is located, or without permission from the Committee of Adjustment pursuant to the Planning Act. Where the non-conforming use ceases, the use will be deemed to have been discontinued. 4.19.4 Reconstruction of a Non-Conforming Use 1. Nothing in this By-law shall prevent the strengthening, restoration or reconstruction of any non-conforming building or structure which existed on the date of the passing of this By-law, provided that the strengthening, restoration or reconstruction does not increase the building height, size or volume or change the use of such building or structure, except such minor changes as may be expressly required for the restoration of the building or structure to a safe condition. 2. Nothing in this By-law shall prevent the strengthening, restoration or reconstruction of any non-conforming building or structure is destroyed or rendered uninhabitable by fire or other natural cause, provided the height and gross floor area are not increased, and the new building or structure is erected or on the same building footprint. 4.19.5 Prior Building Permits for a Non-Conforming Use Nothing in this By-law shall prevent the erection or use of any building or structure for which a building permit has been issued under the Building Code Act prior to the passing of this By-law, so long as the building or structure when erected is used and continues to be used for the purpose for which it was erected and provided the permit has not been revoked under the Building Code Act. 4.19.6 Road Widening Creating a Non-Complying Use Nothing in this By-law shall prevent the use of any land, building or structure or the erection of any building or structure on a lot which does not comply to the minimum lot frontage and/or lot area and/or front yard setback and in the case of a corner lot, the exterior side yard setback, as a result of a road widening taken by the Municipality of Greenstone or the Ministry of Transportation of Ontario, provided all other zone regulations of this By-law are complied with. Municipality of Greenstone Zoning By-law File P-3000 Page 130 4.20 Occupancy Restrictions Human habitation shall not be permitted in any of the following buildings, structures, or parts thereof: 1. Any private garage or other building or structure which is accessory to a residential use except where the accessory building or structure is converted to an additional residential unit in compliance with Section 4.1.2.4 of this By-law and in compliance with the Ontario Building Code. 2. Any truck, bus, coach or streetcar body whether or not the same is mounted on wheels. 3. Any dwelling before occupancy is granted pursuant to the requirements of the Ontario Building Code. 4.21 Open Storage and Outdoor Display No person shall use any lot or part thereof for open storage, or outdoor display except as permitted by this By-law and as an area which has been specifically designed and set aside for such purpose, is fully integrated with the principal use of the lot and is in accordance with the following: 1. Open storage shall not be permitted within any required front yard and no closer than 5 m [16.4 ft.] to any interior side lot line or rear lot line. 2. Where open storage areas abut a residential zone (see Section 5.2 for list of zones), the required setback of the open storage area in the non-residential zone shall be increased 10 m [32.8 ft.] and shall also be visually screened from any residential use. 3. An outdoor display area shall be permitted as an accessory use to any permitted commercial use, industrial use or public service use provided that the outdoor display area does not reduce any required parking area or loading space area required by this By-law. All outdoor display areas shall be setback a minimum of 3 m [9.84 ft.] from any front lot line or interior side lot line. Despite the above, seasonal sales of Christmas trees or a temporary (i.e., weekend) or a yard sale shall be permitted to occupy a designated parking area but shall be subject to any restrictions otherwise imposed by license or permit by the Municipality. Municipality of Greenstone Zoning By-law File P-3000 Page 131 4.22 Parking, Motor Vehicles and Drive-Through Facilities 4.22.1 General 1. Except as provided herein, no motor vehicles shall be parked or stored in any zone (see Section 5.2 for list of zones) unless the motor vehicle is located within a garage, carport, driveway, parking area, or on a street as permitted by Municipal By-law. 2. No parking space in a residential zone (see Section 5.2 for list of zones) shall be used for the outdoor parking or storage of a motor vehicle unless such motor vehicle is used in operations incidental to the residential use of the lot on which it is parked or stored and bears a motor vehicle license plate or sticker which is currently valid (historical vehicles as defined by MTO are exempted). 3. Each standard parking space or stacking space in a stacking lane shall have a minimum width of 2.6 m [8.5 ft.] and a minimum length of 5.5 m [18 ft.] and each barrier-free parking space shall have a minimum width of 3.9 m [12.7 ft.] and a minimum length of 5.5 m [18 ft.] [see Figure 4.3]. 4. Unless permitted elsewhere in this By-law, where two or more uses are permitted in any one building or structure on any lot, then the off-street parking regulations for each use shall be calculated as if each use is a separate use, and the total number of off-street parking spaces so calculated shall be provided. Figure 4.3: Barrier- Free Parking Space Dimensions Figure 4.3: Barrier- Free Parking Space Dimensions Municipality of Greenstone Zoning By-law File P-3000 Page 132 5. The regulations for parking spaces shall not apply to any building or structure in existence at the date of passing of this By-law so long as the gross floor area, as it existed at such date, is not increased and no change in use occurs. If an addition is made to the building or structure which increases the gross floor area or a change in use occurs than parking spaces for the addition or area changed in use shall be provided. 6. The following supplementary regulations for parking spaces for dwellings in residential zones (see Section 5.2 for list of zones) shall be as follows; a. The driveway and parking space shall be constructed of crushed stone, asphalt paving, concrete, paver stones or similar materials. b. No more than fifty percent (50%) of the area of any required front yard shall be used or constructed as a driveway or parking space. c. No more than fifty percent (50%) of the lot frontage shall be used or constructed as a driveway or parking space. 7. The following supplementary regulations for a parking area for more than four motor vehicles shall be as follows: a. The parking area shall be constructed of crushed stone, asphalt paving, concrete, paver stones, or similar materials. b. Ingress and egress directly to and from every parking space shall be by means of a driveway, lane or aisle having a width of at least 6 m [19.7 ft.] for two-way traffic and 4 m [13.1 ft.] for one-way traffic where parking is angled. c. A driveway or lane which does not provide ingress and egress directly to a parking space, shall have a minimum width of 3.5 m [11.4 ft.] where designed for one-way vehicular circulation or 6 m [19.7 ft.] where designed for two-way vehicular circulation. 8. Where the calculation of the minimum number of parking spaces required results in a fraction, the minimum requirement shall be the next higher whole number. Municipality of Greenstone Zoning By-law File P-3000 Page 133 9. Except where permitted elsewhere in this By-law, the required parking for residential uses of land shall be provided on the same lot as the dwelling unit. In all other zones, parking shall be provided on the lot of the principal use or within 100 m [328.0 ft] of the building, structure or lot it is intended to serve, subject to an agreement, deed or renewable lease which provides for same. Parking for a water access only lot or an island or part thereof shall be provided at a public access point that is secured by a legal agreement and is on the same water body. 10. Driveway Entrance Location No driveway on a corner lot shall be located closer than 15 m [49.2 ft.] from the edge of the travelled road of an intersection of a local road or 20 m [65.5 ft.] from the intersection of a collector road or provincial highway. 4.22.2 Barrier Free Parking One barrier free parking space shall be required for any use requiring 10 standard parking spaces or more and barrier free parking spaces shall be provided at a ratio of one barrier free parking space for each 25 standard parking spaces and shall be included as part of the total number of standard parking spaces required. 4.22.3 Drive-Through Facilities Despite any other zone regulation in this By-law, where a use of land, building or structure incorporates a drive-through facility, the following zone regulations shall apply: 1. A drive-through facility shall be a permitted use in the C1, C2 and M1 zones. 2. A drive-through facility is a principle use in combination with another permitted use and shall comply with the zone regulations in the zone in which the drive-through facility is located. 3. The minimum dimensions of a stacking space in a stacking lane shall be 2.6 m by 5.5 m [8.5 ft. x 18 ft.]. 4. No part of any order station shall be located closer than 10 m [32.8 ft.] from the property boundary of any property or lot occupied or zoned for a residential use. 5. All drive-through facilities shall comply with the zone regulations for parking as set out in Table 4.22 of this By-law. 6. Stacking lanes for any drive-through facility shall be designed to accommodate a minimum of eight (8) motor vehicles. Municipality of Greenstone Zoning By-law File P-3000 Page 134 4.22.4 Commercial Vehicle, Recreational Vehicles and Recreational Equipment No person shall in any residential zone, use any lot for parking or storage of any commercial motor vehicle, recreational vehicle or recreational equipment except as follows: 1. The owner or occupant of any lot, building or structure in any residential zone, may use any attached or detached private garage located on the lot for the housing or storage of one (1) commercial motor vehicle operated by the owner or occupant and/or may also use any private driveway for the parking of one (1) commercial motor vehicle not exceeding 2,722 kg Gross Vehicle Weight (GVWR) or a Class 1 truck [6,000 lbs.] provided such commercial motor vehicle is not used in connection with any business or other use that is prohibited in this By-law. 2. In a residential zone, recreational equipment and only one (1) recreational vehicle may be stored on a lot in accordance with the following zone regulations: a. No person shall store any recreational equipment or recreational vehicle on a lot or property unless a main building has been constructed. b. An attached or detached private garage may be used for the housing or storage of any recreational equipment or recreational vehicle. c. Exterior storage shall be limited to an interior side yard or rear yard of the lot and no part of any recreational equipment or recreational vehicle shall cross a lot line, and d. Exterior storage of any recreational equipment or recreational vehicle shall be permitted in a front yard or exterior side yard provided: - The lot has a minimum lot frontage of 15 m [49.2 ft.], and - The recreational equipment or one (1) only recreational vehicle is stored on a driveway and does not occupy a required parking space, and - That and no part of any recreational equipment or a recreational vehicle shall cross a lot line. Municipality of Greenstone Zoning By-law File P-3000 Page 135 3. Despite section 4.22.4.2 a., one (1) only recreational vehicle may be stored on a vacant lot of record in an RU, or RW zone, and no vacant lot of record shall be actively used or occupied by a recreational vehicle in an RU, or RW zone. 4. No lot in any zone shall be used for the storage or use of a recreational vehicle except as a temporary use in compliance with Section 4.29. 4.22.5 Schedule for Parking Regulations In any zone, the owner or occupant of any building or structure erected, enlarged or changed in use after the date of passing of this By-law shall provide off-street parking spaces in accordance with the minimum number of parking spaces set out in Table 4.22 as follows: Table 4.22 - Schedule for Parking Regulations USE MINIMUM NUMBER OF REQUIRED PARKING SPACES Residential: - Accessory dwelling - Duplex Dwelling - Guest House - Mobile home - Seasonal dwelling - Semi-detached dwelling - Single-detached dwelling 2 spaces per dwelling Residential: - Apartment dwelling - Multiple-unit dwelling - Row or townhouse - Triplex dwelling 1.5 spaces per dwelling unit, 15% of which shall be reserved as visitor parking where eight or more parking spaces are required Municipality of Greenstone Zoning By-law File P-3000 Page 136 Table 4.22 - Schedule for Parking Regulations USE MINIMUM NUMBER OF REQUIRED PARKING SPACES Residential: - Additional residential Unit - Bachelor dwelling unit/studio - Boarding house - Dormitory - Garden suite - Lodging House Establishment - Tiny House - 1 space per dwelling unit, or 1 space per 38 m2 [409 ft.2] whichever is greater - Dormitory or boarding house or lodging house establishment: 1 space per occupant Animal Shelter 1 space per 30 m2 [322.9 ft.2] of gross floor area Auto body shop, auto repair shop, automotive service station, gas bar, recreational vehicle repair and garage 3 spaces per service bay plus 1 space per employee; minimum 6 spaces Assembly hall, auction hall, auditorium, banquet facility, dance hall, entertainment establishment, stadium, theatre, bingo hall, funeral home and similar places of assembly The greater of 1 space for every 4 seats or 1 space for every 12 m2 [129.1 ft.2] of assembly space Bed and Breakfast Establishment 1 space for each guest room available to the travelling public in addition to the required parking for the dwelling Municipality of Greenstone Zoning By-law File P-3000 Page 137 Table 4.22 - Schedule for Parking Regulations USE MINIMUM NUMBER OF REQUIRED PARKING SPACES Building supply store, lumber yard, garden centre, nursery, equipment and vehicle storage yard 1 space for each 22 m2 [236.8 ft.2] of gross floor area and 1 space for each 35 m2 [376.2 ft.2] of open storage Car Rental Agency 10 spaces minimum Clinic, medical marijuana facility 3 spaces per medical practitioner Convenience store 1 space per 18 m2 [193.7 ft.2] of gross floor area Continuum-of-Care Facility 1 space for every 6 patient beds plus 1 space for every 4 employees Crisis Care Facility 2 spaces minimum in addition to the required parking for a dwelling or if not located in a dwelling, 1 space per 38 m2 [409 ft.2] of gross floor area Day nursery 1 space per employee and 1 space per 5 children or 1 space for every 15 children registered or fraction thereof Drive-through facility 1 parking space per 20 m2 [215.2 ft.2] of gross floor area Municipality of Greenstone Zoning By-law File P-3000 Page 138 Table 4.22 - Schedule for Parking Regulations USE MINIMUM NUMBER OF REQUIRED PARKING SPACES Equipment Rental Establishment, Equipment Sales Establishment, Equipment Service and Repair Establishment, automotive sales establishment 1 space per 35 m2 [376.7 ft.2] of open storage or gross sales area plus 1 space per employee Factory Outlet, Retail Outlet 1 space per 28 m2 [301.3 ft.2] of gross floor area plus required spaces for an industrial use or commercial use Garden centre and nursery 1 space per 30 m2 [322.9 ft.2] of gross floor area General business - retail store or service 1 space per 28 m2 [301.3 ft.2] of gross floor area Group Home 2 spaces plus the required parking for the dwelling Home Based Business A minimum of one (1) parking space and a maximum of three (3) parking spaces shall be permitted in addition to the required parking for the dwelling Hotel, Motel, Tourist Establishment 1 space per guest unit, plus 1 space per 12 m2 [129.1 ft.2] of gross floor area dedicated to administrative, banquet and meeting facilities Municipality of Greenstone Zoning By-law File P-3000 Page 139 Table 4.22 - Schedule for Parking Regulations USE MINIMUM NUMBER OF REQUIRED PARKING SPACES Industrial use 1 space per 40 m2 [430.5 ft.2] of gross floor area Industrial Use for storage including a warehouse, cold storage facility, transportation depot or truck terminal 1 space per 75 m2 [807.3 ft.2] of gross floor area Place of amusement 1 space for every 4 persons that can be accommodated Place of worship 1 space for every 5 seats, fixed or otherwise Restaurant, Tavern 1 parking space per 10 m2 [107.64 ft.2] School - elementary 1.5 spaces per classroom plus 6 spaces for visitors School - secondary or private 5 spaces per classroom plus 8 spaces for visitors 4.23 Parts of Buildings or Structures Permitted Above Height Level The height regulations in this By-law shall not apply to any of the following: a. Air conditioning system b. Chimney c. Church spire or belfry or turret d. Communications facility Municipality of Greenstone Zoning By-law File P-3000 Page 140 e. Drying tower f. Elevator or stairway enclosure g. Enclosed mechanical and electrical equipment h. Farm buildings and structures including but not limited to a barn, silo or windmill i. Flag pole j. Hydro One Networks Inc. electric transmission tower or pole k. Ornamental dome or clock tower l. Receiving and transmitting antenna m. Satellite dish/receiver n. Skylight o. Solar collector/commercial solar collector panels p. Ventilating fan or skylight q. Water tower or tank r. Wind Turbine/commercial wind turbine 4.24 Permitted Projections Every part of any yard required by this By-law shall be left open and unobstructed by any structure from the ground to the sky except that those structures listed in Table 4.24 shall be permitted to project into the minimum yards required by this By-law for the following specified distances: Municipality of Greenstone Zoning By-law File P-3000 Page 141 Table 4.24 - Permitted Projections STRUCTURE MAXIMUM PROJECTION INTO REQUIRED YARD Chimney breasts, cornices, sills, bay windows, pilasters, eaves or gutters, solar collectors where attached to a building, shutters cornices, parapets or other ornamental structures 0.75 m [2.46 ft.] into any required front yard, rear yard or interior side yard Canopies which are at least 2.13 m (7 ft.) in vertical clearance above the established grade, with or without supporting posts 2 m [6.5 ft.] into any required yard Canopies for entrances to apartment buildings and commercial buildings Despite any other provisions in this By-law, a canopy or portico over a major entrance to an apartment building or commercial building may project into the required yard a distance equal to one-half (½) the setback of the building from the street line Window and solar energy awnings 1.2 m [3.9 ft.] into any required yard Steps, ramps and walkways for use by persons with disabilities No maximum into any required yard provided they are no closer than 0.5 m [1.6 ft.] to any lot line Porch, uncovered platform landing, patio or deck, balconies or steps No maximum into any side yard provided they are no closer than 0.5 m [1.6 ft.] to any lot line and 3 m [9.8 ft.] into any required front or rear yard Air conditioner 0.5 m [1.6 ft.] into any yard Fire escapes, exterior stair cases from a building having two storeys or more above grade 1.5 m [4.92 ft.] into an interior side or rear yard only Municipality of Greenstone Zoning By-law File P-3000 Page 142 4.25 Prohibited Uses The following uses are prohibited in any zone, unless otherwise permitted by this by-law: 1. Adult Entertainment Parlour and Body Rub Parlour except as otherwise permitted in this by-law; and 2. The use of any accessory building or structure, boathouse or storage container for human habitation except as permitted in Section 4.1.2.4; and Table 4.24 - Permitted Projections STRUCTURE MAXIMUM PROJECTION INTO REQUIRED YARD Heat pump or geothermal power facility 1.5 m [5 ft.] into an interior side yard or rear yard Accessory building As permitted by and as specified in this By-law Fences, hedges, shrubs, trees, freestanding walls and retaining walls, flagpoles, light standards, garden trellises, clothes lines, bicycle racks and similar structures or features No maximum into any yard except with respect to the zone regulations for a sight triangle Solar collector, wind turbine, No maximum into any rear yard only provided they are no closer than 1 m [3.24 ft.] to an interior side yard or rear yard lot line Commercial Solar Collector, commercial wind turbine No maximum into any yard provided they are no closer than 3 m [9.8 ft.] to an interior side yard or rear yard lot line or 10 m [32.8 ft.] from a street line Municipality of Greenstone Zoning By-law File P-3000 Page 143 3. The storage of inoperative rail cars, streetcars, buses, truck bodies or trailers without wheels; and 4. The parking or storage of commercial motor vehicles or inoperative farm vehicles on a vacant lot; and 5. The outdoor storage of partially dismantled and/or unlicensed motor vehicles or recreational vehicles, or trailers or motor vehicle or trailer parts; and 6. Obnoxious uses; and 7. Smelters, ethanol plants, the manufacturing, refining, rendering or distillation of acid, ammonia, chlorine, coal, coal oil, creosote, explosives, fireworks, glue, petroleum, tar or other gases; and 8. The bulk storage of industrial chemicals, and hazardous waste, or liquid industrial waste as defined under the Environmental Protection Act, R.S.O., c. E.19, as amended; and 9. The erection of a building or structure in a natural heritage feature or area (e.g., significant wildlife habitat, provincially or locally significant wetland, habitat of endangered or threatened species or area of natural and scientific interest, except for a directional or informational sign erected for conservation purposes. 4.26 Sight Triangle 1. Within any area defined as a sight triangle, the following uses shall be prohibited: a. A building, structure, or use which would obstruct the vision of drivers of motor vehicles. b. A fence, tree, hedge, bush or other vegetation, other than agricultural crops. c. Any portion of a delivery space, loading space, driveway or parking space. d. A berm or other ground surface which exceeds the elevation of the street by more than 0.6 m [1.96 ft.]. 2. For the purposes of this By-law, the following sight triangle distances shall apply (see definition of sight triangle for measurement of distances): a. 15 m [49.2 ft.] in all commercial and industrial zones. b. 6 m [19.6 ft.] in all other zones. Figure 4.4: Sight Triangle Municipality of Greenstone Zoning By-law File P-3000 Page 144 c. Despite the above in any zone where any street crosses a railway at the same grade the railway shall be deemed to be a street and a sight distance of forty-five metres (45 m [147.6 ft.]) shall be required measured from the point of intersection of the centre line of the railway right-of-way and the street line abutting the lot [see Figure 4.4]. 4.27 Signs Unless otherwise stated in this By-law, signs shall be permitted only in accordance with the Signs By-law(s) of the Corporation. 4.28 Streets, Parks, Playgrounds and Community Gardens In any zone established by this By-law, streets, walkways, bike paths, parks, playgrounds and community gardens shall be permitted. 4.29 Temporary Buildings or Structures 1. Nothing in this By-law shall prevent the use of land or the use or erection of a temporary building or structure or a scaffold or other equipment essential to the construction in progress for which a valid building permit has been granted, but only until such time as the work has been finished or abandoned or such equipment is no longer required. 2. In addition, temporary accommodation may be permitted on a lot where a building or structure for which a valid building permit has been granted and is under construction provided the form of temporary accommodation is limited to a mobile, relocatable, portable or transportable building or structure or recreational vehicle and provided: (a) Approval is obtained from the Corporation. (b) Such temporary accommodation is removed from the lot immediately upon completion of construction, the issuance of an occupancy permit or abandonment of construction all of which as regulated by the Ontario Building Code Act and any related regulation thereto. 3. Nothing in this By-law shall prevent the use of land or the use or erection of a temporary sales or rental office for which a valid building permit has been issued and/or approval is obtained from the Corporation. 4. Nothing in this by-law shall prevent the temporary use of a recreational vehicle for the temporary occupancy of farm workers specifically employed for the planting or harvesting of crops provided the recreational vehicle complies with Section 4.31 of this by-law. Municipality of Greenstone Zoning By-law File P-3000 Page 145 4.30 Use by Public Authority or Public Utility 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 a public utility installation for the purpose of public service use by the Municipality of Greenstone and/or any public authority, any department of the Government of Ontario or Canada, including any Hydro One Networks Inc. facilities pursuant to the Planning Act, provided that where such land, building or structure is located in or abutting a zone in which residential uses of land are permitted: 1. No goods, materials or equipment shall be stored in the open; 2. The lot coverage and setback regulations of the zone in which such land, building or above ground structure is located shall be complied with; 3. Any building erected under the authority of this section shall not be used for the purpose of an office except for a government building; 4. Parking and loading requirements as contained in this By-law shall be complied with; 5. Communications facilities shall comply with federal government requirements for construction and safety. 6. Secondary uses, such as active and passive recreation, agriculture, community gardens, other utilities, and uses such as parking lots and outdoor storage that are accessory to adjacent lands uses, are encouraged on hydro corridor lands, where compatible with surrounding land uses. However, a proponent should be aware of the primacy of electricity transmission and distribution facilities and that secondary uses require technical approval from Hydro One Networks Inc. 4.31 Water and Sewage Disposal Systems No person shall erect or use in whole or in part, any building or structure unless the use, building or structure is properly connected to approved water and sewage systems under the Ontario Water Resources Act or the Building Code Act unless the use is exempted under the Building Code Act or prohibited or regulated by this By-law. 4.32 Zones Applying to More than One Properties Where a lot is divided into more than one zone, each such portion of the lot shall be used in accordance with the provisions of this By-law for the zone where such portion of the lot is located. Each such portion of the lot shall be considered as a separate lot for the purposes of determining zone provisions. Municipality of Greenstone Zoning By-law File P-3000 Page 146 Section 5 ZONES 5.1 Zone Classification For the purposes of this By-law, the Municipality of Greenstone is divided into the following zones as named and described in the following sections, the boundaries of which are shown on the attached Schedules which are attached to and form part of this By-law. Exceptions to Zones are set out in Section 22 of this By-law and are deemed to be part of this By-law. 5.2 Zones Zones Name of Zone Zone Symbol Residential Zones Residential Low density R1 Residential Multiple R2 Residential Mobile Home R3 Waterfront Residential RW Commercial Zones General Commercial C1 Highway Commercial C2 Resort Commercial C3 Local Commercial C4 Airport Commercial C5 Municipality of Greenstone Zoning By-law File P-3000 Page 147 Industrial Zones Light Industrial M1 Heavy Industrial M2 Waste Management WMF Aggregate Extractive MX Mining MIN Other Zones Rural RU Institutional I Open Space and Restricted Open Space OS Environmental Protection EP 5.3 Use of Zone Symbols The symbols listed in Section 5.2 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. 5.4 Holding Zone "h" Designation 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. Municipality of Greenstone Zoning By-law File P-3000 Page 148 5.5 Interpretation of Zone Boundaries When determining the boundary of any zone as shown on any Schedule forming part of this By-law, the following provisions shall apply: 1. A boundary indicated as following a highway, street, private road or lane shall follow the centre line of such highway, street, private road or lane. 2. A boundary indicated as following a water body or the right-of-way of a railway or an electrical, gas or oil transmission line shall follow the centre line of such water body or right-of-way. Explanatory Note - Holding Zone By-laws Holding bylaws allow future uses for land or buildings but delay development until, for example, local services such as roads are in place. The conditions for lifting the 'h' symbol which identifies a holding zone, are set out in the Municipality's official plan. Once the condition has been met the 'h' symbol can be removed and development allowed to proceed. Only uses that are identified in the underlying zone are permitted. Removal of the 'h' symbol requires an amendment. Notice of the Council meeting to remove the 'h' symbol is required is required, however, there is no appeal of the removal of the 'h' symbol. Explanatory Note - Temporary Use By-laws Temporary use bylaws zone land or buildings for specific uses for a maximum period of three years at a time, with more extensions possible. When the temporary use of a garden suite (such as a one- unit detached residential structure containing bathroom and kitchen facilities that is additional to an existing structure and that is designed to be portable) is authorized, the temporary bylaw may allow it for a period not exceeding 20 years, with the possibility of extensions of not more than to 3 years at a time. Temporary use by-laws accordingly have a sunset clause and the by-law expires automatically at the end of the time period specified in the by-law. Extending the life of a temporary use by-law requires a zoning by-law amendment and follows the same process as any other type of zoning amendment. Municipality of Greenstone Zoning By-law File P-3000 Page 149 3. A boundary indicated as following the high-water mark shall follow such high-water mark, and in the event of a change in the high-water mark, the boundary shall be construed as moving with the actual high-water mark. 4. A boundary indicated as approximately following lot lines shown on a Registered Plan of Subdivision, or Reference Plan, or Municipality lot lines shall follow such lot lines. 5. Where a boundary is indicated as approximately parallel to a street line or other feature, indicated in clause (1), (2), and (3) above, and the distance from such street line or other feature is not indicated, and clause (4) above is not applicable, such boundary shall be construed as being parallel to such street line or other feature, and the distance there from shall be determined according to the scale shown on the appropriate Schedule. 6. A boundary indicated as following the limits of the Municipality shall follow such limits. 7. In the event a dedicated street, lane or right-of-way shown on any Schedule forming part of this By-law is closed, the property formerly in such street, lane or right-of-way shall be included within the zone of the adjoining property on either side of such closed street, lane or right-of-way. If a closed street, lane or right-of-way is the boundary between two or more different zones the new zone boundaries shall be the former centre line of the closed street, lane or right-of-way. 8. Where any zone boundary or a dimension is left uncertain after the application of the above provisions, then the boundary or dimension shall be determined from the zoning schedule using the scale bar thereon. 5.6 Permitted Uses and Accessory Uses 1. Each zone lists Permitted Uses as well as Accessory Uses. Permitted accessory uses include customary accessory uses, buildings and structures in accordance with Section 4.1 of this By-law, as well as other accessory uses listed below 'Accessory Uses (see Section 4.1)' in each respective zone. 2. Each permitted Accessory Use includes a section or subsection of this By-law that should be referred to for further clarification of the requirements for that specific permitted accessory use. 3. Unless otherwise stated, a Public Service Use for Hydro One Networks Inc. and a Public Utility shall be permitted in any exception zone. Municipality of Greenstone Zoning By-law File P-3000 Page 150 Section 6 RESIDENTIAL LOW DENSITY (R1) ZONE No person shall use any land or erect, alter or use any building or structure in the Residential Low Density (R1) Zone except in accordance with the following zone regulations: 6.1 Permitted Uses 6.1 - R1 Permitted Uses Principle Use Accessory Use Single Detached Dwelling Two-Unit Dwelling (including a Converted Dwelling, Duplex, Semi-detached, Accessory Apartment and Additional Residential Unit) Tiny House - Additional Residential Unit (see 4.1.2.4) - Accessory use, building or structure (see 4.1.1) - Accessory Residential Use (see 4.1.2) - Bed & Breakfast Establishment (see 4.1.3) - Detached Private Garage - Fences (see 4.1.6) - Garden Suite (see 4.1.8) - Home Based Business (see 4.11) - Private Home Daycare - Storage Container (see 4.1.10 - Swimming Pools (see 4.1.12) - Temporary Car Shelter (see 4.1.13) Group Home (see 4.10) Crisis Care Facility - Accessory use, building or structure (see 4.1.1) - Fences (see 4.1.6) - Storage Container (see 4.1.10) - Swimming Pools (see 4.1.12) Park, Playground, Community Garden (see 4.28) - Accessory use, building or structure (see 4.1.1) Public Service Use (see 4.30) - Accessory use, building or structure (see 4.1.1) Municipality of Greenstone Zoning By-law File P-3000 Page 151 6.2 Zone Regulations 6.2 - R1 Zone Regulations Single Detached Dwelling, Two-Unit Dwelling, Group Home, Crisis Care Facility Non-Residential Use: Public Service Use, Park, Playground, Community Garden Accessory Use, Building or Structure Minimum Lot Area: 1. Municipal Water and/or Sewage System 2. Two-unit Dwelling 3. Individual On-site Water and Sewage System 1. 350 m2 [3,767.4 ft.2] 2. 460 m2 [4,951.5 ft.2] 3. 0.8 ha [2 ac.] 1. 350 m2 [3,767.4 ft.2] 2. n/a 3. 0.8 ha [2 ac.]1 n/a Minimum Lot Frontage: 1. Municipal Water and/or Sewage System 2. Two-unit Dwelling 3. Individual On-site Water and Sewage System 1. 10.5 m [34.4 ft.] 2. 18 m [59.0 ft.] 3. 18 m [59.0 ft.] 1. 10.5 m [34.4 ft.] 2. n/a 3. 18 m [59.0 ft.] n/a Minimum Front Yard 6 m [19.6 ft.] 6 m [19.6 ft.] 6 m [19.6 ft.] Minimum Rear Yard 7.5 m [24.6 ft.] 7.5 m [24.6 ft.] 1.2 m [3.93 ft.] Minimum Interior Side Yard 1.2 m [3.93 ft.] 1.2 m [3.93 ft.] 1.2 m [3.93 ft.] Minimum Exterior Side Yard 6 m [19.6 ft.] 6 m [19.6 ft.] 6 m [19.6 ft.] Municipality of Greenstone Zoning By-law File P-3000 Page 152 6.2 - R1 Zone Regulations Maximum Height 10.5 m [34.4 ft.] 10.5 m [34.4 ft.] 6 m [19.6 ft.] Maximum Lot Coverage: 1. Municipal Water and/or Sewage System 2. Individual On-site Water and Sewage System 1. 40% 2. 10 % 1. 40% 2. 10% 1. 10% included in total 2. 2 % included in total 9. Minimum Dwelling Unit Area 10. Tiny House 1. No Minimum 2. 17.5 m 2 [188 ft 2] n/a Maximum No. Dwellings per lot (excluding a Garden Suite or Additional Residential Unit) 1 n/a n/a Separation Distance between the main building and any accessory building 2 m [6.56 ft.] 2 m [6.56 ft.] 2 m [6.56 ft.] Separation Distance between any permitted main building or accessory building and any storage container (see 4.1.10) 4 m [13.1 ft.] 4 m [13.1 ft.] 6 m [13.1 ft.] Municipality of Greenstone Zoning By-law File P-3000 Page 153 6.2 - R1 Zone Regulations 1. Zone regulation does not apply to a park, playground or community garden. 6.3 Additional Regulations 1. A garden suite shall be subject to a Temporary Use By-law under Section 39 of the Planning Act and shall only be permitted as an accessory use to a single detached dwelling. 2. The minimum yard requirements may be reduced in the Low Density Residential (R1) Zone where there is an established building line in accordance with Section 4.6 of this By-law; 3. Despite the Maximum Number of dwelling units per lot allowed in the Low Density Residential (R1) Zone, additional residential units shall be permitted in accordance with Section 4.1.2.4. 4. All applicable provisions of Section 4 - General Provisions shall apply. 6.4 Zone Exceptions 1. R1-X1, Plan M-107, Township of Beardmore Despite the provisions of this By-law, the following exceptions shall apply: One dwelling shall be permitted on each of the following groups of lots in Plan M-107 in the R1-X1 Zone: - Lots 29, 30 and 31; - Lots 32, 33 and 34; - Lots 35, 26 and 37; - Lots 38, 39 and 40; and - lots 41, 42 and 43. The minimum lot frontage along the lane in Plan M-107 for any of the above lot groupings shall be 34.8 m [114.1 ft.]. The maximum lot coverage shall be 15 % for each grouping of lots. Municipality of Greenstone Zoning By-law File P-3000 Page 154 Minimum Front Yard........................................................... 6 m [19.6 ft.] Minimum Interior Side Yard................................................................... ... 1 m [3.28 ft.] min. with aggregate of 2 sides not less than 3.5 m [11.4 ft.] except that no side yard shall be required for the interior side lot lines of Lots 30, 33, 36, 39, and 42. Minimum Rear Yard........................................................ 7.5 m [24.6 ft.] Minimum Ground Floor Area......................................... 55 m2 [592 ft.2] Maximum Building Height............................................ 10.5 m [34.4 ft.] 2. R1-X2: ML TW 68, Township of Summers [By-law 665-99, Beardmore] Despite the provisions of this By-law, the following exceptions shall apply: On lands described as ML TW 68, township of Summers the uses permitted shall include those in the R1 and M1 Zones and shall henceforth been known as the R1-X2 Zone Municipality of Greenstone Zoning By-law File P-3000 Page 155 Section 7 RESIDENTIAL MULTIPLE (R2) ZONE No person shall use any land or erect, alter or use any building or structure in the Residential Multiple (R2) Zone except in accordance with the following zone regulations: 7.1 Permitted Uses 7.1 - R2 Permitted Uses Principle Use Accessory Use Apartment Dwelling Boarding House Lodging House Establishment Multiple Unit Dwelling Row House or Townhouse Triplex Dwelling - Additional Residential Unit to a Row House or Townhouse or Semi-Detached Dwelling (see 4.1.2.4) - Accessory use, building or structure (see 4.1.1) - Accessory Residential Use (see 4.1.2) - Detached Private Garage - Fences (see 4.1.6) - Home Based Business (see 4.11) - Storage Container (see 4.1.10) - Swimming Pools (see 4.1.12) - Temporary Car Shelter (see 4.1.13) Group Home (see 4.10) Continuum-of-Care Facility - Accessory use, building or structure (see 4.1.1) - Fences (see 4.1.6) - Storage Container (see 4.1.10) - Swimming Pools (see 4.1.12) Park, Playground, Community Garden (see 4.28) - Accessory use, building or structure (see 4.1.1) Public Service Use/Public Utility (see 4.30) - Accessory use, building or structure (see 4.1.1) Municipality of Greenstone Zoning By-law File P-3000 Page 156 7.2 Zone Regulations 7.2 - R2 Zone Regulations Row or Townhouse Dwelling Apartment Dwelling, Boarding House, Multiple Unit Dwelling, Continuum-of-Care Facility Accessory Use, Building or Structure Minimum Lot Area: 1. Municipal Water and/or Sewage System 2. Individual On-site Water and Sewage System 1. 350 m2 [3,767.4 ft.2] per dwelling unit 2. 0.4 ha [1 acre] per dwelling unit 1. 300 m2 [3,229.2 ft.2] per dwelling unit or patient suite in a Continuum-of-care facility 2. 0.4 ha [1 acre] per dwelling unit n/a Minimum Lot Frontage: 1. Municipal Water and/or Sewage System 2. Individual On-site Water and Sewage System 1. 10 m [32.8 ft.] per dwelling unit 2. 18 m [59.0 ft.] per dwelling unit 1. 25 m [82.0 ft.] 2. 45 m [157.6 ft.] n/a Minimum Front Yard 6 m [19.6 ft.] 6 m [19.6 ft.] 6 m [19.6 ft.] Minimum Rear Yard 7.5 m [24.6 ft.] 7.5 m [24.6 ft.] 1.2 m [3.93 ft.] Municipality of Greenstone Zoning By-law File P-3000 Page 157 7.2 - R2 Zone Regulations Row or Townhouse Dwelling Apartment Dwelling, Boarding House, Multiple Unit Dwelling, Continuum-of-Care Facility Accessory Use, Building or Structure Minimum Interior Side Yard 2 m [6.56 ft.] [see Section 7.3(1)] 4 m [13.1 ft.] 1.2 m [3.93 ft.] Minimum Exterior Side Yard 6 m [19.6 ft.] 6 m [19.6 ft.] 6 m [19.6 ft.] Maximum Height 10.5 m [34.4 ft.] 15 m [49.2 ft.] 6 m [19.6 ft.] Maximum Lot Coverage 1. 40% 2. 10% 1. 40% 2. 10% 1. 10% included in total 2. 2 % included in total Minimum Number of Dwelling Units Per Lot 3 for a Row or Townhouse Dwelling n/a n/a Separation Distance between the main building and any accessory building 2 m [6.56 ft.] 2 m [6.56 ft.] 2 m [6.56 ft.] Municipality of Greenstone Zoning By-law File P-3000 Page 158 7.2 - R2 Zone Regulations Row or Townhouse Dwelling Apartment Dwelling, Boarding House, Multiple Unit Dwelling, Continuum-of-Care Facility Accessory Use, Building or Structure Separation Distance between any permitted main building or accessory building and any storage container (see 4.1.10) 4 m [13.1 ft.] 4 m [13.1 ft.] 4 m [13.1 ft.] 7.3 Additional Regulations 1. The minimum interior side yard shall not apply to the common wall of a row or townhouse dwelling or semi-detached dwelling. 2. The minimum yard requirements may be reduced in the Residential Multiple (R2) Zone where there is an established building line in accordance with Section 4.6 of this By-law; 3. Despite the Maximum Number of dwelling units per lot allowed in the Residential Multiple (R2) Zone, additional residential units shall be permitted in accordance with Section 4.1.2.4. 4. All applicable zone regulations of Section 4 - General Provisions shall apply. 5. For regulations governing all uses in this zone not identified on the R2 zone regulations schedule, the R1 zone regulations schedule shall be used. Municipality of Greenstone Zoning By-law File P-3000 Page 159 Section 8 RESIDENTIAL MOBILE HOME (R3) ZONE No person shall use any land or erect, alter or use any building or structure in the Residential Mobile Home (R3) Zone except in accordance with the following zone regulations: 8.1 Permitted Uses 8.1 - R3 Permitted Uses Principle Use Accessory Use Mobile Home - Accessory use, building or structure (see 4.1.1) - Accessory Residential Use (see 4.1.2) - Bed & Breakfast Establishment (see 4.1.3) - Detached Private Garage - Fences (see 4.1.6) - Garden Suite (see 4.1.8) - Home Based Business (see 4.11) - Storage Container (see 4.1.10) - Swimming Pools (see 4.1.12) - Temporary Car Shelter (see 4.1.13) Group Home (see 4.10) - Accessory use, building or structure (see 4.1.1) - Fences (see 4.1.6) - Storage Container (see 4.1.10) - Swimming Pools (see 4.1.12) Park, Playground, Community Garden (see 4.28) - Accessory use, building or structure (see 4.1.1) Public Service Use/Public Utility (see 4.30) - Accessory use, building or structure (see 4.1.1) Municipality of Greenstone Zoning By-law File P-3000 Page 160 8.2 Zone Regulations 8.2 Mobile Home, Group Home Non-Residential Use: Public Service Use, Park, Playground, Community Garden Accessory Use, Building or Structure Minimum Lot Area: 1. Mobile Home Park 2. Mobile Home Site with Municipal Water and/or Sewage System 3. Mobile Home Site with Individual On-site Water and Sewage System 1. 3 ha [7.4 ac.] 2. 350 m2 [3,767.4 ft.2] 3. 0.4 ha [1 ac.] See regulations from R1 Zone n/a Minimum Lot Frontage: 1. Mobile Home Park 2. Mobile Home Site with Municipal Water and/or Sewage System 3. Mobile Home Site with Individual On-site Water and Sewage System 1. 135 m [443 ft.] 2. 10 m [32.8 ft.] 3. 15 m [49.2 ft.] n/a Minimum Front Yard 6 m [19.6 ft.] 6 m [19.6 ft.] Minimum Rear Yard 6.0 m [19.6 ft.] 1.2 m [3.93 ft.] Minimum Interior Side Yard 2 m [6.56 ft.] 1.2 m [3.93 ft.] Municipality of Greenstone Zoning By-law File P-3000 Page 161 8.2 Mobile Home, Group Home Non-Residential Use: Public Service Use, Park, Playground, Community Garden Accessory Use, Building or Structure Minimum Exterior Side Yard 7.5 m [24.6 ft.] 7.5 m [24.6 ft.] Maximum Height 6 m [19.6 ft.] 6 m [19.6 ft.] Maximum Lot Coverage per Mobile Home Site 40% 10% included in total Maximum No. Dwellings per Mobile Home Site 1 n/a Separation Distance between the main building and any accessory building 2 m [6.56 ft.] 2 m [6.56 ft.] Separation Distance between any permitted main building or accessory building and any storage container (see 4.1.10) 4 m [13.1 ft.] 3 m [13.1 ft.] 8.3 Additional Regulations 1. All applicable provisions of Section 4 - General Provisions shall apply. 2. An additional residential unit is not a permitted use to any residential use in the R3 Zone. Municipality of Greenstone Zoning By-law File P-3000 Page 162 Section 9 WATERFRONT RESIDENTIAL (RW) ZONE No person shall use any land or erect, alter or use any building or structure in the Waterfront Residential (RW) Zone except in accordance with the following zone regulations: 9.1 Permitted Uses 9.1 - RW Permitted Uses Principle Use Accessory Use Single Detached Dwelling Seasonal Dwelling - Accessory use, building or structure (see 4.1.1) - Accessory Residential Use (see 4.1.2) - Bed & Breakfast Establishment (see 4.1.3) - Detached Private Garage - Dock (see 4.1.5) - Fences (see 4.1.6) - Garden Suite (see 4.1.8) - Guest Cabin (see 4.1.2) - Home Based Business (see 4.11) - Loft-above -a-garage (see 4.1.2) - Marine Facility - Storage Container (see 4.1.10) - Swimming Pools (see 4.1.12) - Temporary Car Shelter (see 4.1.13) Group Home (see 4.10) - Accessory use, building or structure (see 4.1.1) - Fences (see 4.1.6) - Storage Container (see 4.1.10) - Swimming Pools (see 4.1.12) Park, Playground, Community Garden (see 4.28) - Accessory use, building or structure (see 4.1.1) Public Service Use/Public Utility (see 4.30) - Accessory use, building or structure (see 4.1.1) Municipality of Greenstone Zoning By-law File P-3000 Page 163 9.2 Zone Regulations 9.2 - RW Zone Regulations Single Detached Dwelling, Seasonal Dwelling, Group Home Non-Residential Use: Public Service Use, Park, Playground, Community Garden Use Accessory Use, Building or Structure Minimum Lot Area 0.8 ha [1.97 acres] n/a n/a Minimum Lot Frontage: 61 m [200 ft.] n/a n/a Minimum Front Yard with water frontage 30 m [98.4 ft.] 30 m [98.4 ft.] 30 m [98.4 ft.] Minimum Front Yard with no water frontage 6 m [19.6 ft.] 6 m [19.6 ft.] 6 m [19.6 ft.] Minimum Rear Yard 7.5 m [24.6 ft.] 7.5 m [24.6 ft.] 1.2 m [3.93 ft.] Minimum Interior Side Yard 1.5 m [4.92 ft.] 1.5 m [4.92 ft.] 1.5 m [4.92 ft.] Minimum Interior Side Yard: Guest House or Garden Suite n/a n/a 6 m [19.6 ft.] Minimum Exterior Side Yard 6 m [19.6 ft.] 6 m [19.6 ft.] 6 m [19.6 ft.] Maximum Height 10.5 m [34.4 ft.] 10.5 m [34.4 ft.] 6 m [19.6 ft.] Maximum Lot Coverage 10% 10% 2% not included in total Municipality of Greenstone Zoning By-law File P-3000 Page 164 9.2 - RW Zone Regulations Maximum No. Dwellings per lot (excluding a Garden Suite) 1 n/a n/a Maximum Gross Floor Area n/a n/a 112 m2 [1,205.5 ft.2] Separation Distance between the main building and any accessory building 2 m [6.56 ft.] 2 m [6.56 ft.] 2 m [6.56 ft.] Separation Distance between any permitted main building or accessory building and any storage container (see 4.1.10) 4 m [13.1 ft.] 4 m [13.1 ft.] 4 m [13.1 ft.] 9.3 Additional Regulations 1. All applicable zone regulations of Section 4 - General Provisions shall apply. (See 4.18.5 for water body setbacks.) 2. A Group Home shall only be permitted on an improved street. 3. Frontage on a street shall be exempted for a water access lot and an island (see 4.9). 4. No development shall be permitted on any island zoned RW or for a water access lot unless provision is made for public access on the same water body and that provision is made for main land parking. 5. An additional residential unit is not a permitted use to any residential use in the Waterfront Residential (RW) Zone. Municipality of Greenstone Zoning By-law File P-3000 Page 165 Section 10 GENERAL COMMERCIAL (C1) ZONE No person shall use any land or erect, alter or use any building or structure in the General Commercial (C1) Zone except in accordance with the following zone regulations: 10.1 Permitted Uses 10.1 - C1 Permitted Uses Principle Commercial Uses - Animal Day Care Establishment - Animal Shelter - Antique Store - Arcade - Auction Hall - Bake Shop - Bakery - Bank and Financial Institution - Bait Fish Sales Establishment - Bed and Breakfast Establishment - Bingo Hall - Brewery or Winery - Catering Establishment - Clinic - Commercial Parking Lot - Convenience Store - Custom Workshop - Day Nursery - Drive-Through Facility - Dry Cleaning or Laundry Outlet - Entertainment Establishment - Farmer's Market - Fitness Centre - Funeral Home - Hotel - Laundromat - Marina - Microbrewery - Mixed Use Building - Motel - Museum - Office - Park, Community Garden - Personal Service Establishment - Pet Grooming Establishment - Pet Shop - Place of Assembly - Place of Amusement - Printing and Processing Service Shop - Private Club - Private School - Public Service Use/Public Utility (see 4.30) - Recreational Commercial Establishment - Restaurant - Retail Outlet - Retail Store - Service Outlet or Shop - Shopping Centre - Studio - Tavern - Taxi Stand - Tourist Establishment - Tourist Outfitters Establishment - Video Rental Outlet - Wellness Centre Accessory Uses Permitted Commercial Use - Accessory use, building or structure (see 4.1) - Drive-through Facility (see 4.22.3) - Fence (see 4.1.7) Municipality of Greenstone Zoning By-law File P-3000 Page 166 10.2 Zone Regulations 10.2 - C1 Zone Regulations Permitted Use Accessory Use, Building or Structure Minimum Lot Area: 1. Municipal Water and/or Sewage System 2. Individual On-site Water and Sewage System 1. 350 m2 [3,767.4 ft.2] 2. 0.8 ha [2.47 acres] n/a Minimum Lot Frontage: 1. Municipal Water and/or Sewage System 2. Individual On-site Water and Sewage System 1. 15 m [49.2 ft.] 2. 30 m [98.4 ft.] n/a Minimum Front Yard Established building line or 3.0 m [9.84 ft.] where none Established building line or 3.0 m [9.84 ft.] where none - Parking Area - Storage Container (see 4.1.11) Permitted Residential Use - Accessory Dwelling Unit including a mobile home - Home Based Business (see 4.11) Municipality of Greenstone Zoning By-law File P-3000 Page 167 10.2 - C1 Zone Regulations Minimum Rear Yard 6 m [19.6 ft.] 1 m [3.28 ft.] or 5 m [16.4 ft.] if the lot abuts a residential or institutional zone. Minimum Interior Side Yard: 1. Existing built-up downtown 2. Other locations including drive-through facility 3. Lot abutting residential or institutional zone 1. Nil 2. 3 m [9.84 ft.] 3. 5 m [16.4 ft.] Nil or 5 m [16.4 ft.] if the lot abuts a residential or institutional zone. Minimum Exterior Side Yard Established building line or 3.0 m [9.84 ft.] where none Established building line or 3.0 m [9.84 ft.] where none Maximum Height 15 m [49.2 ft.] 15 m [49.2 ft.] except a storage container Maximum Lot Coverage 80% 10% included in total Separation Distance between the main building and any accessory building 3m [9.84 ft.] 3m [9.84 ft.] 10.3 Additional Regulations 1. All applicable zone regulations of Section 4 - General Provisions shall apply. 2. Residential uses shall be restricted to the second storey or to the rear of in a mixed-use building. Municipality of Greenstone Zoning By-law File P-3000 Page 168 3. Residential uses shall not be permitted in a commercial building where hazardous substances are used for business purposes including but not limited to paints, cleaning fluids, gasoline and petroleum products or any highly flammable, toxic or explosive product. 10.4 Exception Zones 1. Notwithstanding the provisions of Sections 4.25 and 10.1 of this By-law, an adult entertainment parlour shall be a permitted use on lands described as PLAN M104 N PT LOT 127 TO 129 PCL 6569, known locally as 107 3rd St. N., Geraldton. Municipality of Greenstone Zoning By-law File P-3000 Page 169 Section 11 HIGHWAY COMMERCIAL (C2) ZONE No person shall use any land or erect, alter or use any building or structure in the Highway Commercial (C2) Zone except in accordance with the following zone regulations: 11.1 Permitted Uses 11.1 - C2 Permitted Uses Principle Commercial Uses - Ambulance Facility - Animal Shelter - Auction Hall - Auto Body Shop - Automotive Sales Establishment - Auto Repair Garage - Automotive Service Station - Bait Fish Establishment - Brewery or Winery - Building Supply Store - Car Wash - Clinic - Commercial Greenhouse, Nursery or Garden Centre - Commercial Solar Collector (see 4.24) - Commercial Wind Turbine (see 4.24) - Communications Facility (see 4.9.1 & 4.22.2) - Commercial Parking Lot Convenience Store - Drive-Through Facility - Existing Retail Store - Farmer's Market - Funeral Parlour - Furniture Store - Gas Bar - Hotel - Laundromat - Motel - Office - Personal Service Establishment - Public Service Use/Public Utility (see 4.29) - Recreational Commercial Establishment - Recreational Vehicle Sales, and Storage - Restaurant - Self-Storage Facility - Service Outlet or Shop - Shopping Centre - Studio - Tavern - Tourist Establishment - Tourist Outfitters Establishment - Wholesale Establishment - Vehicle Compound - Video Rental Outlet - Warehouse Accessory Uses Municipality of Greenstone Zoning By-law File P-3000 Page 170 11.1 - C2 Permitted Uses Permitted Commercial Use - Accessory use, building or structure (see 4.1) - Drive-through Facility (see 4.21.3) - Fences (see 4.1.7) - Parking Area - Storage Container (see 4.1.11) 11.2 Zone Regulations 11.2 - C2 Zone Regulations Permitted Use Accessory Use, Building or Structure Minimum Lot Area: 1 Municipal Water and/or Sewage System 2 Individual On-site Water and Sewage System 1. 1,000 m2 [10,764.2 ft.2] 2. 0.8 ha [2.47 acres] n/a Minimum Lot Frontage 30 m [98.4 ft.] n/a Minimum Front Yard 7.5 m [24.6 ft.] 7.5 m [24.6 ft.] Minimum Rear Yard 7.5 m [24.6 ft.] 1 m [3.28 ft.] or 5 m [16.4 ft.] if the lot abuts a residential zone. Minimum Interior Side Yard 3m [9.84 ft.] or 7.5 m [24.6 ft.] if the lot abuts a residential or institutional zone. 1 m [3.28 ft.] or 5 m [16.4 ft.] if the lot abuts a residential zone. Minimum Exterior Side Yard 7.5 m [24.6 ft.] 7.5 m [24.6 ft.] Maximum Height 15 m [49.2 ft.] 15 m [49.2 ft.] except a storage container Municipality of Greenstone Zoning By-law File P-3000 Page 171 11.2 - C2 Zone Regulations Maximum Lot Coverage: 1 Municipal Water and/or Sewage System 2 Individual On-site Water and Sewage System 50% 10% included in total Separation Distance between the main building and any accessory building 3 m [9.84 ft.] 3 m [9.84 ft.] 11.3 Additional Regulations 1. All applicable provisions of Section 4 - General Provisions shall apply. 2. Residential uses shall not be permitted in a commercial building where hazardous substances are used for business purposes including but not limited to paints, cleaning fluids, gasoline and petroleum products or any highly flammable, toxic or explosive product. Municipality of Greenstone Zoning By-law File P-3000 Page 172 Section 12 RESORT COMMERCIAL (C3) ZONE No person shall use any land or erect, alter or use any building or structure in the Resort Commercial (C3) Zone except in accordance with the following zone regulations: 12.1 Permitted Uses 12.1 - C3 Permitted Uses Principle Use Accessory Use - Adventure Game - Driving Range - Golf Course - Marina - Marine and Recreational Vehicle Sales and Service - Park - Shooting Range - Tourist Establishment - Tourist Outfitters Establishment - Accessory use, building or structure (see 4.1) - Storage Container (see 4.1.11) - Campground - Accessory Dwelling - Accessory use, building or structure (see 4.1) - Convenience Store - Restaurant - Storage Container (see 4.1.11) - Public Service Use/Public Utility (see 4.30) - Accessory use, building or structure (see 4.1) - Fences (see 4.1.7) Municipality of Greenstone Zoning By-law File P-3000 Page 173 12.2 Zone Regulations 12.2 - C3 Zone Regulations Commercial Use Accessory Use, Building or Structure Minimum Lot Area 2 ha [4.94 acres]1 n/a Minimum Lot Frontage: 60 m [196.8 ft.] n/a Minimum Front Yard 10 m [32.8 ft.] 10 m [32.8 ft.] Minimum Front Yard with Shoreline Frontage 30 m [98.4 ft.]2 30 m [98.4 ft.] Minimum Rear Yard 10 m [32.8 ft.] 10 m [32.8 ft.] Minimum Interior Side Yard 10 m [32.8 ft.] 10 m [32.8 ft.] Minimum Exterior Side Yard 10 m [32.8 ft.] 10 m [32.8 ft.] Maximum Height 10.5 m [34.4 ft.] 10.5 m [34.4 ft.] except a storage container Maximum Lot Coverage 20% 2% included in total Separation Distance between the main building and any accessory building 3 m [9.84 ft.] 3 m [9.84 ft.] 1. Minimum Lot Area not applicable to a park or public service use. 2. See 4.18.5.1 for setback for Marina. Municipality of Greenstone Zoning By-law File P-3000 Page 174 12.3 Additional Regulations 1. All applicable provisions of Section 4 - General Provisions shall apply. 12.4 Exception Zones 1. Despite the provisions of Section 12.2, to the contrary on lands described as 464 Highway 11 more particularly described as PCL 27268 SEC TBF; LOCATION CL 13189 UNSURVEYED TERRITORY PT 1 55R12038; DISTRICT OF THUNDER BAY, the said lands shall be deemed to comply with the zone regulations of Sections 12.1 - 12.3 including a shoreline setback of 10.0 m [32.8 ft.]. Municipality of Greenstone Zoning By-law File P-3000 Page 175 Section 13 LOCAL COMMERCIAL (C4) ZONE No person shall use any land or erect, alter or use any building or structure in the Local Commercial (C4) Zone except in accordance with the following zone regulations: 13.1 Permitted Uses 13.1 - C4 Permitted Uses Principle Use Accessory Use - Clinic - Convenience Store - Dry Cleaning or Laundry Outlet - Office - Video Rental Outlet - Accessory use, building or structure (see 4.1) - Accessory Dwelling Unit - Detached Private Garage - Fences (see 4.1.6) - Home Based Business (see 4.11) - Private Home Daycare - Storage Container (see 4.1.10) - Swimming Pools (see 4.1.12) - Temporary Car Shelter (see 4.1.13) - Public Service Use/Public Utility (see 4.30) - Accessory use, building or structure (see 4.1) - Fences (see 4.1.7) 13.2 Zone Regulations 13.2 - C4 Zone Regulations Commercial Use Accessory Use, Building or Structure including an Accessory Dwelling Unit Minimum Lot Area 350 m2 [3,767.4 ft.2] n/a Minimum Lot Frontage: 10.5 m [34.4 ft.] n/a Municipality of Greenstone Zoning By-law File P-3000 Page 176 13.2 - C4 Zone Regulations Minimum Front Yard 6 m [19.6 ft.] 6 m [19.6 ft.] Minimum Rear Yard 7.5 m [24.6 ft.] 1.2 m [3.93 ft.] Minimum Interior Side Yard 1.2 m [3.93 ft.] 1.2 m [3.93 ft.] Minimum Exterior Side Yard 6 m [19.6 ft.] 6 m [19.6 ft.] Maximum Height 10.5 m [34.4 ft.] 10.5 m [34.4 ft.] except a storage container Maximum Lot Coverage 40% 10% included in total Separation Distance between the main building and any accessory building 3 m [9.84 ft.] 3 m [9.84 ft.] Maximum No. Dwelling Units n/a 1 13.3 Additional Regulations 1. All applicable provisions of Section 4 - General Provisions shall apply. Municipality of Greenstone Zoning By-law File P-3000 Page 177 Section 14 AIRPORT COMMERCIAL (C5) ZONE No person shall use any land or erect, alter or use any building or structure in the Airport Commercial (C5) Zone except in accordance with the following zone regulations: 14.1 Permitted Uses 14.1 - C5 Permitted Uses Principle Use Accessory Use - Airport - Aircraft Landing Area - Accessory use, building or structure (see 4.1) - Meteorological services - Aircraft fuel, including bulk fuel storage, maintenance and repair services - Facilities for storage and distribution of freight, goods and supplies - Evacuation and firefighting-related facilities - Air-related business and passenger services including ticketing, waiting lounge, baggage handling - Restaurant - Retail store - Car rental establishment - Administration and staging uses - Warehouse and storage facilities - Aeronautic related training and educational facilities - Public Service Use/Public Utility (see 4.29) - Accessory use, building or structure (see 4.1) Municipality of Greenstone Zoning By-law File P-3000 Page 178 14.2 Zone Regulations 14.2 - C5 Zone Regulations Commercial Use Accessory Use, Building or Structure including an Accessory Dwelling Unit Minimum Lot Area 50 ha n/a Minimum Lot Frontage: 300 m [984 ft.] n/a Minimum Front Yard 30 m [98.4 ft.] 30 m [98.4 ft.] Minimum Rear Yard 30 m [98.4 ft.] 30 m [98.4 ft.] Minimum Interior Side Yard 30 m [98.4 ft.] 30 m [98.4 ft.] Minimum Exterior Side Yard 30 m [98.4 ft.] 30 m [98.4 ft.] Maximum Height 15 m [49.2 ft.] 15 m [49.2 ft.] except a storage container Maximum Lot Coverage n/a n/a 14.3 Additional Regulations 1. All applicable provisions of Section 4 - General Provisions shall apply. 2. Airports including water-based air services shall permitted subject to meeting the applicable requirements of Transport Canada. Municipality of Greenstone Zoning By-law File P-3000 Page 179 Section 15 LIGHT INDUSTRIAL (M1) ZONE No person shall use any land or erect, alter or use any building or structure in the Light Industrial (M1) Zone except in accordance with the following zone regulations: 15.1 Permitted Uses 15.1 - M1 Permitted Uses Principle Use Accessory Use Industrial Uses: - Animal Day Care Establishment - Bakery - Bulk Fuel Depot - Building Supply Store - Class I Industrial Use - Commercial Solar Collector - Communications Facility (see 4.9.1 & 4.22.2) - Construction Yard or Contractors Yard - Custom workshop - Equipment and Vehicle Storage Yard, Industrial - Machine Shop - Printing and Processing Service Shop - Recycling Station or Transfer Depot - Research Laboratory - Warehouse - Welding Shop - Wind Farm, Commercial Wind Turbine - Workshop - Accessory use, building or structure (see 4.1) - Fences (see 4.1.7) - Office - Storage Container (see 4.1.11) Commercial and Other Uses: - Auto Body Shop - Auto Repair Garage - Commercial Fisheries Use or Fish Hatchery - Commercial Greenhouse - Dry Cleaning or Laundry Plant - Drive-through Facility - Equipment Rental Establishment Municipality of Greenstone Zoning By-law File P-3000 Page 180 15.1 - M1 Permitted Uses Principle Use Accessory Use - Office - Public Service Use/Public Utility (see 4.30) - Restaurant - Retail outlet - Service Outlet - Transportation Depot or Truck Terminal 15.2 Zone Regulations 15.2 - M1 Zone Regulations Industrial Use Accessory Use, Building or Structure Minimum Lot Area: 1. Municipal Water and/or Sewage System 2. Individual On-site Water and Sewage System 1. 1,350 m2 [14,531.7 ft.2] 2. 0.8 ha [2.47 acres] n/a Minimum Lot Frontage 30 m [98.4 ft.] n/a Minimum Front Yard 7.5 m [24.6 ft.] 7.5 m [24.6 ft.] Minimum Rear Yard 15 m [49.2 ft.] or 20 m [65.6 ft.] where the yard abuts a residential zone 3 m [9.84 ft.] or 15 m [49.2 ft.] where the yard abuts a residential zone Minimum Interior Side Yard 6 m [19.7 ft.] or 15 m [49.2 ft.] where the yard abuts a residential zone 3 m [9.84 ft.] or 15 m [49.2 ft.] where the yard abuts a residential zone Municipality of Greenstone Zoning By-law File P-3000 Page 181 15.2 - M1 Zone Regulations Industrial Use Accessory Use, Building or Structure Minimum Exterior Side Yard 10 m [32.8 ft.] 10 m [32.8 ft.] Maximum Height 35 m [114.8 ft.] 15 m [49.2 ft.] except a storage container Maximum Lot Coverage 65% 10% included in total Separation Distance between the main building and any accessory building 3 m [9.84 ft.] 3 m [9.84 ft.] 15.3 Additional Regulations 1. All applicable provisions of Section 4 - General Provisions shall apply. (See 4.18.3 for minimum separation distances for industrial uses). 2. The building setback shall be exempted for that portion of any lot that abuts a railroad right-of-way. 3. A residential use is not permitted in the M1 Zone. 15.4 Exception Zones 1. Notwithstanding the provisions of Section 15.1 of this By-law, an animal pound shall be a permitted use on lands described as PLAN M273 PT BLK C RP 55R2459 PART 7, known locally as 109 Hamel Avenue, Longlac. Municipality of Greenstone Zoning By-law File P-3000 Page 182 Section 16 HEAVY INDUSTRIAL (M2) ZONE No person shall use any land or erect, alter or use any building or structure in the Heavy Industrial (MR) Zone except in accordance with the following zone regulations: 16.1 Permitted Uses 16.1 - M2 Permitted Uses Principle Use Accessory Use Industrial Uses: - Class I, II and III Industrial Use - Asphalt Plant, Batch Plant - Bakery - Bulk Fuel Depot - Bulk Storage Yard - Communications Facility (see 4.9.1 & 4.23.2) - Construction Yard or Contractor's Yard - Electrical Generation or Cogeneration Facility - Equipment and Vehicle Storage Yard, Industrial - Logging Hauler - Lumber Yard - Retail and Supply Services for Mining and Forest Products - Railroad Use - Salvage Yard - Sawmill and Planing Mill - Service Shop - Transportation Depot or Truck Terminal - Tree Nursery - Warehouse - Welding Shop - Weigh scale - Wind Farm, Commercial Wind Turbine - Workshop - Accessory use, building or structure (see 4.1) - Office - Storage Container (see 4.1.11) Municipality of Greenstone Zoning By-law File P-3000 Page 183 16.1 - M2 Permitted Uses Principle Use Accessory Use Commercial and Other Uses: - Auto Body Shop - Auto Repair Garage - Commercial Fisheries Use or Fish Hatchery - Commercial Solar Collector - Commercial Greenhouse - Public Service Use/Public Utility (see Section 4.30) - Accessory use, building or structure (see 4.1) - Office - Storage Container (see 4.1.11) 16.2 Zone Regulations 16.2 - M2 Zone Regulations Industrial Use Accessory Use, Building or Structure Minimum Lot Area: 1. Municipal Water and/or Sewage System 2. Individual On-site Water and Sewage System 1. 1,350 m2 [14,531.7 ft.2] 2. 0.8 ha [2.47 acres] n/a Minimum Lot Frontage 30 m [98.4 ft.] n/a Minimum Front Yard 15 m [49.2 ft.] 15 m [49.2 ft.] Minimum Rear Yard 15 m [49.2 ft.] 3 m [9.84 ft.] or 15 m [49.2 ft.] where the yard abuts a residential zone Minimum Interior Side Yard 15 m [49.2 ft.] 3 m [9.84 ft.] or 15 m [49.2 ft.] where the yard abuts a residential zone Minimum Exterior Side Yard 15 m [49.2 ft.] 15 m [49.2 ft.] Maximum Height 35 m [114.8 ft.] 15 m [49.2 ft.] except a storage container Municipality of Greenstone Zoning By-law File P-3000 Page 184 16.2 - M2 Zone Regulations Industrial Use Accessory Use, Building or Structure Maximum Lot Coverage 65% 10% included in total Separation Distance between the main building and any accessory building 3m [9.84 ft.] 3 m [9.84 ft.] 16.3 Additional Regulations 1. All applicable provisions of Section 4 - General Provisions shall apply. 2. The building setback shall be exempted for that portion of any lot that abuts a railroad right-of-way. 3. All salvage yards shall be developed, operated or closed in compliance with the Environmental Protection Act. Where a salvage yard abuts a residential zone or a residential use or a sensitive land use on an adjacent lot, the wrecking yard shall be adequately screened on all sides either naturally or by artificial means (e.g., berm, fence, vegetation or a combination thereof) such that no portion of the operation including any storage area can be seen from a public road or from any other property. 4. A residential use is not permitted in the M2 Zone. 16.4 Exception Zones 1. M2-X1, Beardmore Despite the provisions of this By-law, the following exceptions shall apply: Permitted Uses - An accessory dwelling Municipality of Greenstone Zoning By-law File P-3000 Page 185 Section 17 WASTE MANAGEMENT (WMF) ZONE No person shall use any land or erect, alter or use any building or structure in the Waste Management (WMF) Zone except in accordance with the following zone regulations: 17.1 Permitted Uses 17.1 - WMF Permitted Uses Principle Use Accessory Use - Sewage Works including a waste water stabilization pond - Waste Management Facility - Recycling Depot or Transfer Station - Public Service Use/Public Utility (see 4.30) - Accessory use, building or structure (see 4.1) - Storage Container (see 4.1.11) 17.2 Zone Regulations 17.2 - WMF Zone Regulations Industrial Use Accessory Use, Building or Structure Minimum Lot Area 10 ha [24.7 acres] n/a Minimum Lot Frontage 120 m [393.7 ft.] n/a Minimum Front Yard 30 m [98.4 ft.] 30 m [98.4 ft.] Minimum Rear Yard 30 m [98.4 ft.] 30 m [98.4 ft.] Minimum Interior Side Yard 30 m [98.4 ft.] 30 m [98.4 ft.] Minimum Exterior Side Yard 30 m [98.4 ft.] 30 m [98.4 ft.] Maximum Height 15 m [49.2 ft.] 15 m [49.2 ft.] except a storage container Municipality of Greenstone Zoning By-law File P-3000 Page 186 17.3 Additional Regulations 1. No Waste Management Facility shall be operated without and except in conformity with a currently valid Environmental Compliance Approval issued by the Ministry of the Environment, Conservation and Parks. 2. All applicable provisions of Section 4 - General Provisions shall apply. (See 4.18.1 for minimum separation distances for waste management facilities.) 3. A residential use is not permitted in the WMF Zone. Municipality of Greenstone Zoning By-law File P-3000 Page 187 Section 18 AGGREGATE EXTRACTIVE (MX) ZONE No person shall use any land or erect, alter or use any building or structure in the Aggregate Extractive (MX) Zone except in accordance with the following zone regulations: 18.1 Permitted Uses 18.1 - MX Permitted Uses Principle Use Accessory Use - Mineral Aggregate Operation - Pit - Portable Asphalt Plant - Public Service Use/Public Utility (see 4.30) - Quarry - Wayside Pit - Wayside Quarry - Accessory use, building or structure (see 4.1) - Office - Storage Container (see 4.1.11) 18.2 Zone Regulations 18.2 - MX Zone Regulations Mineral Aggregate Operation, Pit, Quarry Accessory Use, Building or Structure Minimum Lot Area 4 ha [9.88 acres] n/a Minimum Lot Frontage 200 m [656 ft.] n/a Minimum Front Yard and Minimum Exterior Side Yard abutting a street to face of excavation 30 m [98.4 ft.] 30 m [98.4 ft.] or 3 m for an advertising sign, security fence or entrance gate Minimum Shoreline Setback Municipality of Greenstone Zoning By-law File P-3000 Page 188 18.2 - MX Zone Regulations Mineral Aggregate Operation, Pit, Quarry Accessory Use, Building or Structure Minimum Rear or Interior Side Yard 14 [49.2 ft.] or 30 m where lot line abuts a lot occupied or zoned for a residential use 18.3 Additional Regulations 1. All applicable provisions of Section 4 - General Provisions shall apply. (See Section 4.18.2 for minimum separation distances for pits and quarries.) 2. Any mineral aggregate operation, pit or quarry shall comply with any By-law passed under the Municipal Act governing a mineral aggregate operation, pit or quarry. 3. No person shall pile aggregate, top soil, overburden or locate any processing plant or place or build or extend any building or structure: a. Within 30 m [98.4 ft.] from the lot line of the site. b. Within 90 m 295.2 ft.] from any lot line that abuts an existing residential dwelling or land zoned for residential use. 4. Earth berms intended to screen adjoining lands from the operations on site shall be located no closer than 3 m [9.84 ft.] from any lot line. 5. No mineral aggregate operation shall operate except in compliance with a valid license issued under the Aggregate Resources Act, as amended. 6. No portable asphalt plant, wayside pit or wayside quarry shall operate without a valid Environmental Compliance Approval. 7. Development may be serviced with individual on-site water services and individual on-site sewage services. 8. A residential use is not permitted in the MX Zone. Municipality of Greenstone Zoning By-law File P-3000 Page 189 Section 19 MINING (MIN) ZONE No person shall use any land or erect, alter or use any building or structure in the Mining (M5) Zone except in accordance with the following zone regulations: 19.1 Permitted Uses 19.1 - MIN Permitted Uses Principle Use Accessory Use - Mineral exploration and prospecting - Mineral Aggregate Operation - Mineral Mining Operation (mine and mining) and closure - Supporting infrastructure; for example, water supply and waste disposal facilities, electricity generation facilities and transmission and distribution systems, natural gas facilities, roads - On-site storage, stock piling and storage of raw materials, finished products and overburden - Tailings and waste rock storage - Explosive storage and emulsion facilities - On-site Smelting and processing - Asphalt and Concrete Batch Plant - Pit or Quarry - Storage buildings and storage containers - Warehouse - Forestry Use - activities associated with the progressive rehabilitation of the Mining Lands or the closure of a mine - Public Service Use/Public Utility (see 4.30) - Accessory use, building or structure (see 4.1) - Accessory uses essential to mineral extraction operations (e.g., administration offices, weigh scales, assay office, power plant, lunch room, security facilities, mechanical/maintenance building for servicing heavy equipment, renewable energy uses and facilities, drill core storage, on- site fuel storage and dispensing facilities, communication towers and facilities) and including only an accessory dwelling unit required for security or administration of mining operations. Municipality of Greenstone Zoning By-law File P-3000 Page 190 19.2 Zone Regulations 19.2 - MIN Zone Regulations Industrial Use Accessory Use, Building or Structure Minimum Lot Area 5 ha [12.3 ac.] n/a Minimum Lot Frontage 30 m [98.4 ft.] n/a Minimum Front, Rear, Interior and Exterior Side Yards - 10 m [32.8 ft.] - Pit or Quarry - in accordance with Section 4.18.2 19.3 Additional Regulations 1. All applicable provisions of Section 4 - General Provisions shall apply. (See 4.18.3 for minimum separation distances for industrial uses.) 2. All mines and mining operations shall be developed, operated or closed in compliance with the Mining Act and the Environmental Protection Act. 3. Pits and quarries shall be operated in accordance with Section 18. 4. Development may be serviced with individual on-site water services and individual on-site sewage services. 5. A residential use is not permitted in the M5 Zone. Municipality of Greenstone Zoning By-law File P-3000 Page 191 Section 20 RURAL (RU) ZONE No person shall use any land or erect, alter or use any building or structure in the Rural (RU) Zone except in accordance with the following zone regulations: 20.1 Permitted Uses 20.1 - RU Permitted Uses Principle Use Accessory Use Residential Uses: - Single Detached Dwelling - Seasonal Dwelling - Mobile Home - Group Home (see 4.10) - Crisis Care Facility - Tiny House -Additional Residential Unit (see 4.1.2.4) -Accessory use, building or structure (see 4.1.1) -Accessory Residential Use (see 4.1.2) -Bed & Breakfast Establishment (see 4.1.3) -Detached Private Garage -Fences (see 4.1.7) -Garden Suite (see 4.1.8) -Home Based Business (see 4.12) -Storage Container (see 4.1.11) -Swimming Pools (see 4.1.12) Rural Uses: -Agriculture Use -Agriculture Related Use -Ambulance Facility -Animal Day Care Establishment -Animal Shelter -Cemetery -Conservation Use -Equestrian Establishment -Greenhouse -Fairground -Fish Farming -Forestry Use -Hobby Farm -Kennel -Logging Operation -Marine Facility -Outdoor Recreation -Park -Pet Cemetery -Portable Asphalt Plant -Portable Concrete Plant -Public Service Use/Public Utility (see Section 4.30) -Shooting Range or Rifle Club -Wayside Pit or Quarry -Wildlife Management -Accessory use, building or structure (see 4.1.1) -Fences (see 4.1.7) -Accessory Dwelling to an Agricultural Use or Hobby Farm -Farm Produce Outlet accessory to an Agricultural Use -Home Based Business (see 4.11) -Storage Container (see 4.1.11) Municipality of Greenstone Zoning By-law File P-3000 Page 192 20.2 Zone Regulations 20.2 - RU Zone Regulations All Uses Accessory Use, Building or Structure Minimum Lot Area: 1. Residential Use 2. All Other Uses 1. 0.8 ha [2 acres] 2. 2 ha [4.94 acres] n/a Minimum Lot Frontage: 1. Residential Use 2. All Other Uses 1. 45 m [147.6 ft.] 2. 100 m [328.0 ft.] n/a Minimum Front Yard 10 m [32.8 ft.] 10 m [32.8 ft.] Minimum Rear Yard 10 m [32.8 ft.] 3m [9.84 ft.] Minimum Interior Side Yard 3m [9.84 ft.] 3m [9.84 ft.] Minimum Exterior Side Yard 10 m [32.8 ft.] 10 m [32.8 ft.] Maximum Height 10.5 m [34.4 ft.] 6 m [19.6 ft.] except a storage container Maximum Lot Coverage: 1. Residential Use 2. All Other Uses 1. 5% 2. 5% 1. 1% included in total 2. 2% Maximum Number of Dwellings (excluding a Garden Suite) 1 n/a Municipality of Greenstone Zoning By-law File P-3000 Page 193 20.3 Additional Regulations 1. All applicable provisions of Section 4 - General Provisions shall apply. 2. Any commercial wind farm and commercial solar collector shall meet any applicable provincial regulations. 3. The minimum separation distance between the main wall of a kennel and/or a dog run associated with a kennel and the main wall of an existing dwelling on an adjacent lot shall be 150 m [492 ft.] (see also 4.13) 4. Development may be serviced with individual on-site water services and individual on-site sewage services. Section 21 INSTITUTIONAL (I) ZONE No person shall use any land or erect, alter or use any building or structure in the Institutional (I) Zone except in accordance with the following zone regulations: 21.1 Permitted Uses 21.1 - I Permitted Uses Institutional Uses Municipality of Greenstone Zoning By-law File P-3000 Page 194 21.1 - I Permitted Uses - Ambulance Facility - Arena - Art Gallery - Band Shell - Bingo Hall - Cemetery - Clinic - Community Centre - Community Garden - Continuum-of-Care Facility - Court House and Detention Centre - Crisis Care Facility - Curling Rink - Day Nursery - Fire Hall - Fitness Centre - Government Services - Hospital - Institutional Use - Library - Municipal Administration Complex - Municipal Animal Compound - Museum - Nursing Station - OPP Detachment Office - Park - Place of Assembly - Place of Worship - Playground - Post Office - Provincial and federal offices - Public Art Gallery - Public Service Use/Public Utility (see 4.30) - School - Skateboard Park - Splashpad - Swimming pool - Tourist information centre - Training and rehabilitation Centre - Vehicle Compound Accessory Uses Permitted Institutional Use - Accessory use, building or structure (see 4.1) - Fences (see 4.1.7) - Heliport - Parking Area - Storage Container (see 4.1.11) Municipality of Greenstone Zoning By-law File P-3000 Page 195 21.2 Zone Regulations 20.2 - I Zone Regulations Institutional Use Accessory Use, Building or Structure Minimum Lot Area: 1.Municipal Water and/or Sewage System 2.Individual On-site Water and Sewage System 1. 460 m2 [4,951.5 ft.2] 2. 0.8 ha [2 acres] n/a Minimum Lot Frontage: 18 m [98.4 ft.] n/a Minimum Front Yard 7.5 m [24.6 ft.] 7.5 m [24.6 ft.] Minimum Rear Yard 7.5 m [24.6 ft.] 7.5 m [24.6 ft.] Minimum Interior Side Yard 3 m [9.84 ft.] 3 m [9.84 ft.] Minimum Exterior Side Yard 7.5 m [24.6 ft.] 7.5 m [24.6 ft.] Maximum Height 15 m [49.2 ft.] 15 m [49.2 ft.] [34.4 ft.] except a storage container Maximum Lot Coverage 40% 10% included in total Separation Distance between the main building and any accessory building 3 m [9.84 ft.] 3 m [9.84 ft.] Municipality of Greenstone Zoning By-law File P-3000 Page 196 21.3 Additional Regulations 1. All applicable provisions of Section 4 - General Provisions shall apply. Municipality of Greenstone Zoning By-law File P-3000 Page 197 Section 22 OPEN SPACE (OS) ZONE No person shall use any land or erect, alter or use any building or structure in the Open Space (OS) Zone except in accordance with the following zone regulations: 22.1 Permitted Uses 22.1 - OS Permitted Uses Principle Use Accessory Use Open Space Uses: - Archeological Resource - Boat Launch - Built Heritage Resource - Cemetery - Conservation Use - Community Garden - Cultural Heritage Landscape - Forestry use - Golf Course - Outdoor rink - Park, Playground - Public Service Use. Public Utility (see 4.30) - Recreational Facilities - Skateboard Park - Ski Hill - Sports Field - Accessory use, building or structure including an information kiosk, interpretation center, food concession or refreshment pavilion (see 4.1) 22.2 Zone Regulations 22.2 - OS Zone Regulations Open Space Use Accessory Use, Building or Structure Minimum Lot Area n/a n/a Minimum Lot Frontage n/a n/a Municipality of Greenstone Zoning By-law File P-3000 Page 198 22.2 - OS Zone Regulations Minimum Lot Depth n/a n/a Minimum Front Yard 7.5 m [24.6 ft.] 7.5 m [24.6 ft.] Minimum Rear Yard 7.5 m [24.6 ft.] 7.5 m [24.6 ft.] Minimum Interior Side Yard 7.5 m [24.6 ft.] 7.5 m [24.6 ft.] Minimum Exterior Side Yard 7.5 m [24.6 ft.] 7.5 m [24.6 ft.] Maximum Height 10 m [32.8 ft.] 10 m [32.8 ft.] 22.3 Additional Regulations 1. All applicable provisions of Section 4 - General Provisions shall apply. Municipality of Greenstone Zoning By-law File P-3000 Page 199 Section 23 ENVIRONMENTAL PROTECTION (EP) ZONE No person shall use any land or erect, alter or use any building or structure in the Environmental Protection (EP) Zone except in accordance with the following zone regulations: 23.1 Permitted Uses 23.1 - EP Permitted Uses Principle Use Accessory Use Environmental Protection Uses: - Agricultural Use - Conservation Use - Community Garden - Flood Control Infrastructure - Forestry use - Public Service Use/Public Utility (see 4.30) - Accessory use excluding any buildings or structures except infrastructure incidental to a water supply or waste water treatment facility such as a water intake or sewer outfall but not including the main building of a water filtration plant or waste water treatment facility - Buildings or structures intended for flood or erosion control or slope stabilization 23.2 Zone Regulations 1. Existing setbacks for existing uses shall apply. 23.3 Additional Regulations 1. All applicable provisions of Section 4 - General Provisions shall apply. Municipality of Greenstone Zoning By-law File P-3000 Page 200 Section 24 Exceptions to Zones Zone Location Uses Prohibited Zone Regulations