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Explanatory Note
The purpose of this By-Law is to regulate the use of Land and the erection and use of all buildings within the Township of
Harris.
The provisions of this By-Law apply to all of the lands within the Corporate limits of the Township of Harris. After the
passing of this By-Law by the Council of the Corporation, no land shall be used and no building shall be erected, altered
or used in any manner except in conformity with the provisions of the By-Law.
However, nothing in the By-Law shall prevent the continued use or improvement of any lot or building for any purpose
prohibited by this By-Law, if such lot or building was lawfully used for such purpose on the date of passing of the By-Law
by Council, so long as it continues to be used for that purpose.
The By-Law divides the Township into "Zones", as shown on the map attached to the By-Law, and states the permitted
uses and the general and specific provisions which apply to each zone.
This By-Law has been enacted in accordance with the policies of the Strategy Plan of the Township of Harris.
This By-Law repeals all previous By-Laws.
I certify that this is a true copy of the By-Law 506.
Anita Herd
Clerk/Treasurer
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Township of Harris
A Restricted Area By-Law No. 506
NOTICE OF APPLICATION to the Ontario Municipal Board by the Corporation of the Township of Harris for approval of a
By-Law to regulate land use, passed pursuant to Section 35 of the Planning Act, R.S.O. 1970, Chapter 349.
TAKE NOTICE that the Council of the Corporation of the Township of Harris intends to apply to the Ontario Municipal
Board pursuant to the provisions of Section 35 of The Planning Act for approval of By-Law 506 passed on the 22nd day of
December, 1981. A copy of the By-Law is furnished herewith. A note giving an explanation of the purpose and effect of
the By-Law and stating the lands affected thereby is also furnished herewith.
ANY PERSON INTERESTED MAY, within 21 days after the date of this notice, send by registered mail or deliver to the
Clerk of the Township of Harris, notice of his objection to approval of the said By-Law, together with a statement of the
grounds of such objection.
ANY PERSON wishing to support the application for approval of the By-Law may within 21 days after the date of this
notice, send by registered mail or deliver to the Clerk of the Township of Harris, notice of his support of approval of the
said By-Law together with a request for notice of any hearing that may be held giving also the name and address to
which such notice should be given.
THE ONTARIO MUNICIPAL BOARD may approve of the said By-Law but before doing so it may appoint a time and place
when any objection to the By-Law will be considered. Notice of any hearing that may be held will be given only persons
who have filed an objection or notice of support and who have left with or delivered to the Clerk undersigned, the
address to which notice of hearing is to be sent.
THE LAST DATE FOR FILING OBJECTIONS will be January 22, 1982.
DATED at the Township of Harris this 22nd day of December, 1981.
Mrs. W. Gibson, Clerk-Treasure
Box 129 New Liskeard, ON P0J 1P0
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Table of Contents
i)
Notice
ii)
Explanatory Note
iii)
Table of Contents
Sections:
1. Title
2. Definitions
3. General Provisions
4. Zones
5. Agricultural (A1) Zone
6. Environmental Protection (EP) Zone
7. Residential (RR) Zone
8. Seasonal Residential (SR) Zone
9. Tourist Commercial (TC) Zone
10. Highway Commercial (HC) Zone
11. Industrial Extractive (IE) Zone
12. Open Space (OS) Zone
13. Administration
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The Township of Harris
By-Law No. 506
A Zoning By-Law
A By-Law to regulate the use of land and the character, location and use of buildings and structures in the Township of
Harris.
WHEREAS authority is granted under Section 35 of The Planning Act, R.S.O. 1970, Chapter 349 subject to the approval of
the Ontario Municipal Board, to pass this By-Law;
The Council of the Corporation of the Township of Harris has therefore enacted the By-Law set out herein.
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Definitions
1. ACCESSORY when used to describe a use, building or structure, means a use, a building or a structure that is
normally incidental, subordinate and exclusively devoted to a main use, building or structure and located on the
same lot therewith.
2. AIRDOME means an area of land used for helicopter or fixed wing aircraft to take off or land and may include
accessory buildings.
3. AGRICULTURAL USE means any agricultural use or uses, structures or building accessory thereto, including field
crops, animal husbandry, tree nurseries and any other use customarily carried on in the field of general
agriculture, including the sale on the premises of produce grown or raised on the premises.
4. ALTER, when used in reference to a building or part thereof, means to change any one or more of the internal or
external dimensions of such building or to change the type of construction of the exterior walls or roof thereof.
When used in reference to a lot, the word 'alter' means to decrease the width, depth or area of any required
yard, setback, landscaped open space or parking area, or to change the location of any boundary of such lot with
respect to a street or lane, whether such alteration is made by conveyance or alienation of any portion of said
lot, or otherwise. The words 'altered' and 'alteration' shall have a corresponding meaning.
5. ANIMAL HOSPITAL means a building or structure in which facilities are provided for the prevention, cure and
alleviation of disease and injury to animals and in conjunction with which there may be shelter provided, within
the building or structure, during the period of treatment.
6. ATTIC means the portion of a building situated wholly, or in part, within the roof of a building and which is not a
one-half storey.
7. AUTOMOBILE BODY REPAIR SHOP means an establishment used for making repairs or alteration to the body or
paint work of any vehicle.
8. AUTOMOBILE SALES AGENCY means an establishment for the storage, sale and servicing of new and used
vehicles but all other facilities must be with-in a building.
9. AUTOMOBILE SERVICE STATION means a building or a clearly defined space on a lot where gasoline, oil, tires,
batteries and other similar products for the maintenance of motor vehicles may be sold or where vehicles may
be oiled, greased and subjected to minor or running repairs essential to the actual operation of motor vehicles.
10. AUTOMOBILE WRECKING YARD means an establishment where used motor vehicles are bought, sold,
disassembled or processed for further use, and where such vehicles are stored wholly or partly in the open.
11. BASEMENT means that portion of a building between two floor levels which is partly underground but which has
at least one half of its height, from finished floor to finished ceiling, above the adjacent finished grade.
12. BOARDING HOUSE means a dwelling house, in which not more than 3 habitable rooms are used or maintained
for the accommodation of the public, in which the owner supplies lodgings, with or without meals for the
persons so accommodated, for monetary gain.
13. BOAT HOUSE means a building or structure intended for use to house, shelter, or protect a boat or other form of
water transportation, but not to be used for habitation. When constructed in association with a residential
dwelling, a boat house shall be deemed in accessory building.
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14. BUILDING means any structure, other than a wall or fence, used or intended to be used for shelter,
accommodation or enclosure of persons, animals or chattels.
15. BUILDING LINE means a line lying in the interior of a lot drawn parallel to a lot line for the purpose of
establishing the minimum distance that must exist between a building or structure erected upon the land and a
lot line.
16. BUILDING, MAIN means the building designed or used for the principal use on the lot.
17. CELLAR means that portion of a building between two floor levels which is partly or wholly underground and
which has more than one half of its height, from finished floor to finished ceiling, below adjacent finished grade.
18. CHURCH means a building dedicated to religious worship, and include a church hall, church auditorium, Sunday
school, nursery school, convent, monastery or parish hall.
19. COMMERCIAL USE means the use of land, structures or buildings for the purposes of buying or selling
commodities and supplying services.
20. COMMUNITY FACILITY means any place generally open to the public, such as schools, libraries, hospitals,
churches, arenas and government establishments and under the jurisdiction of a public or non-profit agency.
21. CONSERVATION USES means land used solely for the preservation and enhancement of the natural environment
and may include conservation area.
22. CONVENIENCE STORE means a retail establishment which provides the immediate vicinity with incidental items
of household necessity.
23. CORPORATION means the Corporation of the Township of Harris.
24. COUNCIL means the Council of the Corporation of the Township of Harris.
25. DWELLING HOUSE means a building containing one or more dwelling units, occupied or capable of being
occupied as a home, residence or sleeping place by one or more persons, but does not include a tent, tourist
trailer, or a room or suite of rooms in a rooming house, hotel, motel, tourist home or institution.
26. DWELLING HOUSE, SEASONAL means a dwelling house constructed and used as a secondary place of residence
for seasonal vacations and recreational purposes and not as the principal residence of the owner of occupant
thereof.
27. DWELLING, MOBILE HOME means a dwelling that is designed to be made mobile, and constructed or
manufactured to provide a permanent residence for one or more persons, but does not include a travel trailer
or tent trailer or trailer otherwise designed.
28. DWELLING UNIT means one room or a group of rooms used or intended to be used by only one family as a
single, independent and separate housing establishment in which food preparation and sanitary facilities are
provided for the exclusive use of such a family.
29. EATING ESTABLISHMENT means a building or part of a building where food is offered for sale or sold to the
public for immediate consumption and includes such uses as a restaurant, take-out restaurant, dining room,
café, cafeteria, ice cream parlour, tea or lunch room, dairy bar, coffee shop, snack bar or refreshment room or
stand; but does not include a boarding house.
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30. ERECT includes build, construct, reconstruct, alter and relocate and without limiting the generality of the
foregoing is 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.
31. EXISTING means existing as of the date of the final passing of this by-law.
32. FAMILY means on or more persons related by blood, marriage or legal adoption, or a group of not more than
five persons not so related living together as a single housekeeping unit in a dwelling. This definition may also
include domestic servants and not more than 2 boarders or lodgers.
33. FARM means land used for the tillage of soil, the growing of vegetables, fruits, grains or other staple crops and
includes the raising of livestock, dairying and woodlots. "Farm" also includes a farm dwelling and accessory
buildings. (For the purpose of this By-Law, "farm" shall not include a mushroom farm.)
34. FARM EQUIPMENT SALES AND RENTAL means a building or part of a building or structure in which farm
machinery and equipment are displayed and offered for sale, rent or lease.
35. FARM PRODUCE RETAIL OUTLET means a use accessory to a permitted farm which consists of the retail sale of
agricultural products.
36. FENCE means a physical barrier with the purpose of confining or excluding livestock from within a given area.
37. FLOOD PLAIN means all lands adjacent to Lake Timiskaming, the Blanche River and Sutton Creek being lower in
elevation than the geodetic contour of 182.03 metres. "Canadian Geodetic Datum (C.G.D.).
38. FLOOR AREA, GROSS means the total floor area of all storeys, or half storeys contained within the exterior faces
of the exterior walls of a building, but excluding any private garage, carport, storage area, breezeway, porch,
verandah, sunroom, attic, basement or cellar and excluding any floor area with a ceiling height less than 2m.
39. FLOOR AREA, GROUND means the maximum area of that portion of a lot occupied by a building or structure
measured to the outside walls, excluding in the case of a dwelling house any private garage, carport, porch,
verandah or sunroom unless such area is habitable at all seasons.
40. FORESTRY means the general raising and harvesting of wood and without limiting the generality of the foregoing
shall include the raising and cutting of fuel wood, pulpwood, lumber, Christmas trees and other forest products
and the processing of forest products.
41. GARAGE, PRIVATE means an accessory building or portion of a building including a carport which is designed or
used for the sheltering of private motor vehicles and the storage of house-hold equipment incidental to
residential occupancy and in which there are no facilities for repairing or servicing of such vehicles for
remuneration.
42. GOLF COURSE means a public or private area operated for the purposes of playing golf.
43. GOVERNMENT OFFICE means a building or part of a building which is used by the Federal, Provincial, District or
Local Governments, such uses as a Municipal Office, Court House, Registry Office, Health and Welfare Centre,
Employment Office, Post Office, or other such use for the purpose of local or other government administration.
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44. GRADE, ESTABLISHED means with reference to a building, the average elevation of the finished surface of the
ground where it meets the exterior of the front of such building and when used with reference to a structure
means the average elevation of the finished grade of the ground immediately surrounding such structure,
exclusive In both cases of any artificial embankment or entrenchment and when used with reference to a street,
road or highway means the elevation of the street, road or highway established by the Municipality or other
designated authority.
45. GROUP HOME means a single housekeeping unit in a residential dwelling in which three to ten residents
(excluding staff or the receiving family) live as a family under responsible supervision consistent with the
requirements of its residents. The home is licensed or approved under provincial statue and in compliance with
municipal by-laws.
46. GUEST means a person who contracts for accommodation in a hotel, motel, boarding house, tourist home or
tourist establishment and includes all the members of that person's party.
47. GUEST ROOM means a room or suite of rooms used or maintained for the accommodation of the public and
which contain no provisions for cooking.
48. HEIGHT AND HEIGHT OF BUILDING means the vertical distance between the average elevation of the finished
surface of the ground at the front of the building and
a) In the case of a flat roof, the highest point of the roof surface or the parapet, whichever is greater,
b) In the case of a mansard roof, the deck roof line, and
c) In the case of a gable, hip or gambrel roof, the mean height between the eaves and ridge,
exclusive of any accessory roof construction such as a chimney, tower, steeples, or television antenna.
49. HIGHWAY, STREET OR ROAD means a public way for purposes of vehicular travel, including the entire area
within the right-of-way, with or without provision made for curbs, sidewalks, and paved gutters, and owned or
maintained by a public authority.
50. HOME OCCUPATION means any occupation conducted as an accessory use entirely within a permitted dwelling
house or dwelling unit, for gain or profit, by the members of the family residing therein.
51. HOTEL means an establishment used mainly for the purposes of catering to the needs of the travelling public by
supplying food and drink and furnishing sleeping accommodation of not less than 10 guest rooms, and may
include accommodation of permanent staff.
52. LANDSCAPING OR LANDSCAPED OPEN SPACE means any 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 to provide a screen to mitigate any
objectionable aspects that may detrimentally affect adjacent land.
53. LANE means a public thoroughfare which affords only a secondary means of access to abutting lots and which is
not intended for general traffic circulation.
54. LODGE means an establishment catering to the vacationing public by providing meals and sleeping
accommodation to at least five guest rooms or cabins.
55. LOT means a parcel of land which is capable of being legally conveyed in accordance with the provisions of
Section 29 of The Planning Act (R.S.O. 1970).
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56. LOT AREA means the total horizontal area within the lot lines of a lot, excluding the horizontal area of such lot
covered by water, or marsh or between the rim of the banks of a river water-course. In the case of a corner lot
having street lines rounding at the corner with a radius of 6 meters or less, the lot area of such lot is to be
calculated as if the lot lines were projected to this point of intersection.
57. LOT, CORNER means a lot having two intersecting lot lines, or their extensions in case of a curve, both of which
divide the lot from a public street or streets and which intersect at an angle not exceeding one hundred and
thirty-five degrees.
58. LOT COVERAGE means that percentage of the lot area covered by all buildings above ground level.
59. LOT DEPTH means the horizontal distance between the front and rear lot lines. Where these lines are not
parallel, it shall be the length of a line joining the mid-points of the front and rear lot lines.
60. LOT FRONTAGE means the horizontal distance between the side lot lines measured along the front lot line,
except that:
a) Where the front lot line if not perpendicular to the side lot lines but the side lot lines are parallel, lot
frontage means the horizontal perpendicular distance between the side lot lines; and
b) Where the front lot line is not a straight line and side lot lines are not paralleled, the lot frontage is to be
measured by a line 6 metres back from and parallel to the chord of the lot frontage. For the purpose of this
paragraph, the chord of the lot frontage is a straight line joining the two points where the side lot lines
intersect the front lot line.
61. LOT INTERIOR means a lot other than a corner lot.
62. LOT LINE means any boundary of a lot or the verticle projection thereof.
a) LOT LINE, FLANKAGE means the side lot line which abuts the street on a corner lot.
b) LOT LINE, FRONT means the lot line that divides the lot from the street, provided that, in the case of a
corner lot in any zone, the shorter lot line that abuts a street shall be deemed to be the front lot line and in
the case of a water-front lot, the waterfront lot line shall be deemed to be the front lot line.
c) LOT LINE, REAR means the lot line opposite the front lot line.
d) LOT LINE, SIDE means a lot line other than a front or rear lot line.
63. MARINA means an establishment where boats are stored, rented or hired, and/or where boats, boat motors or
boat accessories are sold, serviced, repaired or refuelled and may include a building or structure for the sale of
accessories or refreshments.
64. MOTEL means a commercial establishment other than a boarding house, catering primarily to the travelling
public by supplying overnight sleeping accommodation with or without meals and may include permanent staff
accommodation.
65. MUNICIPALITY means the Corporation of the Township of Harris.
66. NON-CONFORMING means a use, a building or structure which does not comply with the provisions of this By-
Law for the zones in which such land, building or structure is located, as of the date of the passing of this By-Law
67. NOXIOUS USE means any use which shall be a nuisance to the occupants or owners of any neighbouring land or
buildings by reason of the emission from the said land or any part thereof or the creation thereon of odours,
gases, dirt, smoke, objects or chattels thereon, or any obnoxious use as defined in the Public Health Act, R.S.O.
1970.
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68. NURSING HOME means a building other than a hospital in which the proprietor supplies for hire or gain, lodging
with or without meals, and in addition, provides nursing, medical or similar care and treatment, if required, and
includes a rest home or convalescent home.
69. OPEN STORAGE means the storage of goods in the open air or in unenclosed portions of buildings which are
open on the sides, but shall not include a limited display of goods and products for advertising and
demonstration purposes.
70. PARK means an area, consisting largely of open space, which may include one or more playground, athletic
fields, community centres, swimming pools, tennis courts or other recreational facilities, refreshment rooms,
camping areas, fairgrounds or similar uses.
a) PARK, PRIVATE means any park other than a public park, including park operated for commercial gain.
b) PARK, PUBLIC means a park owned or controlled by a Public Authority or by and Board, Commission or other
Authority established under any statue of the Province or Ontario, or the Government of Canada, or
Municipal By-Law.
71. PARKING AREA means an open area provided for the temporary parking of motor vehicles as accommodation
for visitors, clients, customers, residents or employees and may include a private garage, but shall not include
any part of a public street.
72. PARKING LOT means a parking area operated by either a private or public organization for public use.
73. PERMITTED means permitted by this By-Law.
74. PERSON means any human being, association, firm, partnership, corporation, agent or trustee, and the heirs,
executors or other legal representatives of a person to whim the context can apply according to law.
75. PIT means lands from which unconsolidated aggregate has been, is being or may be excavated but does not
include,
i)
An excavation for a building or a structure, or
ii)
A wayside pit.
76. PLACE OF RECREATION means a motion picture or other theatre, arena, auditorium, public hall, billiard or pool
room, bowling alley, ice or rolling skating rink, dance hall or music hall, but does not include any facilities
otherwise defined in this By-Law.
77. PUBLIC AUTHORITY means any School Board, Public Utility Commission, Transportation Commission, Public
Library Board, Board of Parks Management, Board of Health, Board of Commissions of Police, Planning Board or
other board or commission or committee of a local authority established or exercising any power or authority
under any general or special Statute of Ontario with respect to any of the affairs or purposes of a municipality or
a portion thereof, and includes any committee or local authority established by By-Law of the Council.
78. PUBLIC USE means the use of land, building or structures by civic, religious, educational, charitable, fraternal,
social or recreational societies, agencies, boards or committees so long as the activity is not conducted for a
profit, and any business use is accessory to the main use.
79. PUBLIC UTILITY means any facility provided by the Township, the Province of Ontario, or the Government of
Canada or their agencies or by a gas, telephone or railway company.
80. QUARRY means lands from which consolidated aggregate has been, is being or may be excavated but does not
include, An excavation for a building or a structure, or
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i)
an excavation for a building or a structure, or
ii)
a wayside quarry.
81. RECONSTRUCTION OR RENOVATION means the repair and restoration of a building to safe condition but shall
not include its replacement.
82. RESTAURANT means a business where food is prepared and served to customers seated in the same building.
83. RETAIL STORE means a building or part thereof, which is not otherwise defined in the by-law, in which goods,
wares, merchandise, substances, articles or things are offered or kept for sale by retail directly to the public and
may include gas pumps.
84. RIGHT OF WAY means the area of land acquired for or devoted to the provision of a road or other public utility
services as a common highway.
85. SCHOOL means a public, private or separate school, a high school, a continuation school, a technical school, a
vocational school, a college or university or any other established and maintained at public expense.
86. SETBACK means the least horizontal distance between the centre line of a street allowance, measured at right
angles to such centre line, and the nearest part of any building, structure or excavation on the lot, or the nearest
open storage use on the lot.
87. SHORELINE means any lot line or portion thereof which abuts a navigable waterway, or which abuts a street
allowance abutting a navigable waterway.
88. SIGHT TRIANGLES means the triangle space formed by two intersecting street lines and a line drawn from a
point in one street line to a point in the other street line, each such point being 12m, measured along the street
line from the point of intersection of the street lines.
89. SIGN means a name, identification, description, device, display, or illustration which is affixed to, or represented
directly or indirectly upon a building, structure or lot and which directs attention to an object, product, place,
activity, person, organization or business.
90. STOREY means the portion of a building which lies between the surface of the floor and the surface of the next
floor above it, or if there is no floor above it, then the space between such floor and the ceiling or roof next
above it, but does not include a cellar, basement, unfinished attic or a space which is less than one-half storey.
91. STOREY, ONE-HALF means the portion of a building situated wholly or in part within the roof and having its floor
level not lower than 1.2m below the line where roof and outer wall meet and in which, there is sufficient space
to provide a height between finished floor and finished ceiling of at least 2.3m over a floor area equal to at least
50 percent of the area of the floor next below.
92. STREET LINE means the limits of the road or street allowance and is the dividing line between a lot and the
street.
93. STRUCTURE means anything that is erected, built or constructed of parts joined together or any such erection
fixed to or supported by the soil and/or any other structure. But for the purposes of this by-law, a fence not
exceeding 1.8m in height shall be deemed not to be a structure and for the purposes of setbacks and/or yards
required in this by-law a sign shall not be deemed to be a structure.
94. TAVERN means a restaurant licensed by the Liquor Licensing Board to sell any beer, wine or spirits.
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95. TOWNSHIP means the Township of Harris.
96. TRAILER means any vehicle designed to be towed by a motor vehicle, and capable of being used for the
temporary living, sleeping or eating accommodation of persons, notwithstanding that such vehicle is jacked up
or that its running gear is removed. This definition shall not include a mobile home.
97. TRAILER PARK means land which is used for the location of trailers occupied on a temporary or seasonal basis.
98. USE means the purpose for which any land, building, structure or premises, or part thereof is designed,
arranged, occupied or maintained.
99. WASTE DISPOSAL SITE means land licensed by the Ontario Ministry of the Environment where garbage, refuse or
domestic or industrial waste is disposed of or dumped, and shall include a sewage treatment plant or sewage
lagoon.
100.
WATER ACCESS means that any lot having a lot line or portion thereof which is also a shoreline, shall be
deemed to have water access.
101.
WATER FRONTAGE means the straight line horizontal distance between the two most widely separated
points on any one shoreline of a lot.
102.
WATERBODY means any area which has water-bearing surface strate.
103.
WATERCOUSE means the natural channel for a stream of water and for the purposes of this by-law,
includes any watercourse shown on Schedule A of this by-law.
104.
WAYSIDE PIT OR WAYSIDE QUARRY means land from which unconsolidated or consolidated aggregate,
as the case may be, has been is being or may be excavated for use in a project of a public authority and that is
located outside the limits of the right of way of a highway but does not include a pit or quarry.
105.
WELL means an underground source of water which has been rendered accessible by the drilling or
digging of a hole from ground level to the water table and may include a private piped system from a surface
water source.
106.
YARD means an open, uncovered area of land located on the same lot with a main building or structure,
and unoccupied by buildings or structures except as may be expressly permitted in this by-law. In determining
yard measurements, the minimum horizontal distance between the main building or structure and the
respective lot lines shall be used.
107.
YARD, FRONT means a yard extending across the full width of the lot between the front lot line of the lot
and the nearest open storage use on the lot.
108.
YARD, REAR means a year extending across the full width of the lot between the rear lot line of the lot
and the nearest part of any building or structure on the lot, or the nearest open storage use on the lot.
109.
YARD, REQUIRED means the minimum year required by the provisions of this by-law.
110.
YARD, SIDE means a yard extending from the front yard to the rear yard and from the side lot line to the
nearest part of any building or structure on the lot, or the nearest open storage use on the lot.
i)
YARD, EXTERIOR SIDE means a side yard immediately adjacent to a public street.
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ii)
YARD, INTERIOR SIDE means a side yard other than exterior side yard bordered by the front, rear and
one side lot.
111.
ZONE means a designated area of land use shown on Schedule A hereto.
112.
ZONE PROVISIONS means the permissible uses, the minimum area and dimensions of lots, the minimum
dimensions of yards, the maximum lot coverage, the minimum setback, the minimum gross floor area, the
minimum landscaped open space, the maximum height of buildings, the minimum parking requirements, and all
other zone provisions as set out within the by-law for the respective zones.
113.
ZONING ADMINISTRATION means the officer or employee of the Corporation charged with the duty of
enforcing the provisions of this by-law.
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GENERAL PROVISIONS
The general provisions of this Section apply in all Zones except as may be indicated otherwise.
3.1
APPLICATION OF BY-LAW: No building or structure shall hereafter be erected or altered, and the use of
any building, structure or lot shall hereafter not be changed in whole or in part except in conformity with the
provisions of this By-Law.
3.2
ACCESSORY USES:
a.
Uses Permitted: Where this By-Law provides that a lot may be used or a building or structure
may be erected or used for a purpose, that purpose shall include and accessory building,
structure or use, but shall not include any of the following uses:
i.
any occupation for gain or profit conducted within or accessory to a
dwelling unit;
ii.
any building used for human habitation; except as in this By_law is specifically
permitted.
b.
Height: No accessory building shall exceed a height of 5 metres in any zone except where an
accessory building is a dwelling unit.
c.
Lot Coverage: The total lot coverage of accessory buildings, including a private garage, shall not
exceed ten percent of the area of the lot.
d.
Location: Except as otherwise provided herein, any accessory building or structure which is not
part of the main building shall be erected to the rear of the front year and shall comply with the
yard and setback requirements of the zone in which such building or structures is situated.
e.
Attached Accessory Buildings: Where an accessory building is attached to or connected with a
main building, the front and side year and area requirements of this by-law shall be complied
with as if the accessory building were a part of the main building.
3.3
AREA REQUIREMENTS FOR INSTITUTIONAL USES: Notwithstanding any other provision in this by-law, for
any church, hospital, school, college institutional building or other similar building or structure, the
following lot coverage shall be provided:
Lot coverage
(max) 33%
Front yard
(min)
9m
Rear yard
(min)
9m
Side yard
(min)
9m
or one-half the building height, which ever is the greatest distance.
3.4
CONTINUTATION OF FARMING USES: Nothing herein contained shall prevent the continued uses of any
land, building or structure for farming purposes as permitted in Section5 or any addition or extension of
such use provided with the requirements for the Agricultural Zone as to coverage, yard and height
provisions.
3.5
CORNER LOTS: On a corner lot, the side year requirement along the flank lot line shall not be less than
the front yard requirement for the zone in which such corner lot is situated.
15
3.6
DWELLING UNIT BELOW GRADE: No dwelling unit shall in its entirety be located in a cellar. If any portion
of a dwelling unit is located in a cellar, such portion of the dwelling unit shall be used as a furnace room,
laundry room, storage room, recreation room or for a similar use only.
However, a dwelling unit, in its entirety may be located in a basement provided the finished floor level
of such basement is not below the level of any sanitary or storm sewer serving the building or structure
in which such basement is located and provided further that the floor level of such basement is not
more than 1m below the adjacent finished grade.
3.7
EXISTING BUILDINGS, STRUCTURE AND USES:
a.
Continuation of Existing Uses:
The provisions of this by-law shall not apply to prevent the use of any lot, building or structure
for any purpose prohibited by this by-law if such lot, building or structure was lawfully used for
such purpose on the date of passing of this by-law, so long as it continues to be used for that
purpose.
b.
Restoration to a Safe Condition or Restoration:
Nothing in this by-law shall prevent the strengthening or restoration to a safe condition of a
building or structure or part thereof, lawfully used on the date of passing of this by-law,
provided that such strengthening or restoration does not contravene the provisions of this by-
law because of a change in the height, size or volume, or by changing the use of such building or
structure.
c.
Reconstruction of Damaged Existing Buildings or Structures:
Nothing in this by-law shall apply to prevent the reconstruction of any lawful non-conforming
building or structure which is damaged by causes beyond the control of the owner.
d.
Building Permit Issued:
The provisions of this by-law shall not prevent the erection or use, for a purpose prohibited by
this by-law, of any building or structure, the plans for which have prior to the date of passing of
this by-law been approved by the Building Inspector, so long as the building or structure when
erected is used and continues to be used for the purpose for which it was erected and provided
the erection of such building or structure is commenced within a reasonable period of time.
e.
Change of Use:
A use of a lot, building or structure which under the provisions hereof is not permissible within
the zone in which such a lot building or structure is located shall not be changed except to a use
which is permissible within such zone.
f.
Buildings to be Moved:
In all zones, no building may be moved within or into the limits of the area covered by this by-
law without a permit from the Chief Building Official.
g.
Ground Floor Area Less than Required:
Nothing in this by-law shall prevent an alteration being made to a permitted dwelling house,
which dwelling house existed at the time of passing of this by-law but which has a ground floor
area or dwelling unit area less than that required by this by-law, provided such alteration does
not contravene any other provisions of this by-law.
16
3.8
FLOOD PLAINS (as defined in Section 2):
a.
Use of Flood Plains:
No person shall use any lot or erect, alter or use any building or structure on a flood plain for
any purpose except one or more of the following uses: an agricultural use, exclusive of buildings
or structures, a forestry use, a golf course, a marine facility, a parking lot, or a public use.
b.
Calculation of Zone Provisions:
No part of any flood plain shall be used to calculate any of the zone provisions as may be
required by this by-law.
3.9
FRONT YARD REQUIREMENTS WITH RESPECT TO CERTAIN STREETS:
Notwithstanding any other provisions of this by-law, no building or structures shall hereafter be erected
in any zone closer than the sum of the front yard requirements for such zone and:
a. Eighteen (18) metres to the centre line of Provincial Highway 65 East.
b. Ten (10) metres to the centre line of all Township roads.
3.10
FRONTAGE ON PUBLIC STREET:
No person shall erect or use any building or structure in any zone unless the lot upon which such
building or structure is to be erected fronts upon a public road or street, except for a seasonal
residential dwelling which may be permitted on a private road.
3.11
GREATER RESTRICTIONS:
This by-law shall not be effective to reduce or mitigate any restrictions lawfully imposed by a
governmental authority having jurisdiction to make such requirements.
3.12
HEIGHT EXCEPTIONS:
Notwithstanding the height provision herein contained, nothing in this by-law shall apply to prevent the
erection, alteration, or use of the following accessory building or structures provided the main use is a
use permitted within the zone in which it is located; a church spire, a belfry, a flag pole, a clock tower, a
chimney, a water tank, a windmill, a radio, radar, television, internet tower or antenna, an air
conditioner duct, a grain elevator, a barn, a farm implement shed or a silo.
3.13
HOME OCCUPATION:
No person shall carry on or engage in a home occupation except in accordance with the following
regulations.
a. No persons other than members of the family residing in the dwelling unit shall be engaged in such
occupation, except in the case of a physician, dentist, or veterinarian, in which case the staff shall be
limited to 1 employee.
b. There shall be no external display or advertising other than a sign erected in accordance with the by-
law of the Corporation regulating signs.
c. Such home occupation shall be clearly secondary to the main residential use and shall not change
the residential character of the dwelling, nor create or become a nuisance, in particular with regard
to noise, traffic or parking.
d. Not more than 25% of the total floor area shall be used for the home occupation use.
e. There shall be no external storage of goods or materials.
17
f. Except for professional offices, no publicly accessible waiting or service area shall be provided in the
dwelling unit or on the lot.
g. No equipment or process shall be used which creates noise, vibration, glare, fumes, odours, or
electrical interference in excess of that normally experienced in a residential neighbourhood.
3.14
LANDS: SUITABLITY FOR USE:
Notwithstanding any other provision of this by-law, no habitable building or structure shall be erected,
altered or used on land which, by reason of its rocky, low-lying, marshy or unstable character is
unsuitable for the provision of satisfactory water supple, sewage disposal or drainage facilities.
3.15
LICENSES, PERMITS AND OTHER BY-LAWS:
Nothing in this by-law shall exempt any person from complying with requirements of the Building By-
Law or any other by-law in force within the Township, or from obtaining any permit, license, permission,
authority or approval required by this or any other by-law of the Township or by any other law in force
from time to time.
3.16
LOTS HAVING LESS AREA THAN REQUIRED:
Where a lot having a lesser lot frontage, area and/or depth than that required by this by-law is:
a. Held under distinct and separate ownership from abutting lots on or before the date of passing of
this by-law as evidenced by the records of the Registry or Land Titles Office at Haileybury; or
b. Created as a result of expropriation of highway widening, or other land acquisition by Her Majesty
the Queen in right of Ontario or Canada or any Crown agency or corporation, or any municipality, or
any other authority having statutory power of expropriation;
Such lots shall be deemed to conform with this by-law and a building or structure may be erected,
altered or repaired and used on such a lot provided that it conforms to all other requirements of this by-
law.
3.17
NOXIOUS USE:
No use shall be permitted which from its nature or the materials used therein is declared by the Medical
Officer of Health to be noxious trade, business or manufacture under the Public Health Act or
Regulations thereunder.
3.18
NUMBER OF DWELLING UNITS ON ONE LOT:
Only one dwelling unit shall be permitted on a lot, except within the A1 Zone, 1 dwelling unit and 1
accessory dwelling shall be permitted on a lot having a minimum of 30 hectares.
3.19
OCCUPATION OF UNCOMPLETED BUILDING:
No building or part of any building, shall be occupied until the whole of the exterior or such building has
been completed according to the plans and specifications thereof filed with the Building Inspector and
the heating, plumbing and electrical facilities shown on the plans are connected and useable in
accordance with the building permit issued by the Corporation.
3.20
PARKING AREA REGULATIONS:
Parking Space Requirements:
18
a. The owner of every building or structure erected or used for any of the purposes hereinafter set
forth shall provide and maintain for the sole use of the owner, occupant or other persons entering
upon or making use of the said premises from time to time, parking spaces and areas as follows:
i. A minimum of two parking spaces shall be provided for each dwelling unit.
ii. A minimum of one parking space shall be provided for every 9 square metres of
commercial floor area.
iii. A minimum of one parking space shall be provided for every 46.5 sq metres of
industrial floor area.
iv. A minimum of one parking space shall be provided for every 46.5 sq metres of floor
area for all other buildings except for barns and similar farm buildings.
b. Parking Area Requirements:
i. The parking area shall be located in the same zone as, and within 152m of, the
location it is intended to serve.
ii. Each parking space shall be at least 3m by 6m and shall be provided with
unobstructed access to a street by a driveway, aisle, lane or private road.
c. Parking Area Surface:
Each parking area and driveway connecting the parking area with a street shall be maintained with a
stable surface which is treated so as to prevent the raising of dust or loose particles.
d. Ingress and Egress:
i. Ingress and egress, to and from the required parking spaces and areas shall be
provided by means of unobstructed driveways or passageways as least 3 metres but
not more than 6 metres in perpendicular width.
ii. The minimum distance between a driveway and an intersection of street lines
measured along the street line intersected by such a driveway shall be 8 metres.
iii. The minimum angle of intersection between a driveway and a street line shall be 80
degrees.
e. Illumination:
Where parking areas are illuminated, lighting fixtures shall be so arranged that no part of any fixture
shall be more than 9m above the finished grade of the parking area. Fixtures shall be so designed
and installed that the light is directed downward and deflected away from adjacent lots, roads and
streets.
f. Parking Area Location on Lot:
Notwithstanding the yard and setback provisions of this by-law to the contrary, uncovered surface
parking areas shall be permitted in the required yards or in the area between the road or street line
and the required setback provided no part of any parking area, other than the driveway, is located
closer than 1m to any road or street line.
g. More than One Use on a Lot:
19
When a building or structure accommodates more than one type of use, the parking space
requirements for the whole building shall be the sum of the requirements for the separate parts of
the building occupied by the separate types of use.
3.21
PUBLIC USE:
a. Nothing in this by-law shall prevent the use of any land as a public park, community park,
playground, road allowance or as a site for a stature, monument, cenotaph, fountain or other
memorial or ornamental structure.
b. Nothing in this by-law shall prevent the installation of a watermain, sanitary sewer main, storm
sewer main, gas main, pipeline, or overhead or underground hydro and telephone line provided that
the location of such main or line has been approved by the Corporation.
c. If a specific public use is listed as a permitted use in any zone, then such public use shall be
permitted only within the zone or zones making reference thereto.
3.22
REDUCTION OF REQUIREMENTS:
No person shall change the purpose for which any lot or building is used or erect any building or
structure or addition to any existing building, if the effect of such action is to cause the original,
adjoining, remaining or new building or lot to be in contravention of this by-law.
3.23
SIGHT TRIANGLES:
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, the top of which exceeds 1 metre in height above
the elevation of the street line;
c. A finished grade which exceeds the elevation of the street line by more than .6 metres.
3.24
SIGNS:
The provisions of this by-law shall not apply to prevent the erection, alteration or use of any sign
provided such sign complies with the by-law of the Corporation regulating signs.
3.25
SPECIAL USES PERMITTED:
The following uses are permitted in all zones within the Corporation:
a. Temporary camps used in the construction of public works but only for so long as it is necessary for
such works as may be constructed adjacent to the camp and only until such time as the work is
completed or abandoned, and providing that such camps are not used for human habitation, or
b. A tool shed, scaffold or other building or structure incidental to construction on the premises where
it is situated to construction on the premises where it is situated and only for so long as it is
necessary for the work in progress and until the work is completed or abandoned.
"Abandoned" in this Section shall mean the failure to proceed expeditiously with the construction of a
work, specifically abeyance of construction for six months.
3.26
YARD AND SETBACK ENCROACHMENTS PERMITTED:
20
a. Ornamental Structures: Notwithstanding the yard and setback provisions of this by-law to
the contrary, sills, belt courses, chimneys, cornices, caves, gutters, parapets, pilasters or
other ornamental structures may project into any required yard or the area between the
road or street line and the required setback a maximum of .6 metres.
b. Accessory Structures: Notwithstanding the yard and setback provisions of this by-law to the
contrary, drop awnings, clothes poles, flag poles, garden trellises, fences, retaining walls,
signs erected in accordance with the by-laws of the Corporation regulating signs, or similar
accessory uses shall be permitted in any required yard or in the area between the road or
street line and the required setback.
c. Unenclosed Porch, Balcony, Patio or Steps: Notwithstanding the yard and setback provisions
of this by-law to the contrary, unenclosed porch, balcony, patio or steps may project into
any required yard a maximum distance of 1.5m provided that in the case of the porch or
steps such uses are note more than 1.8m above grade.
d. Fire Escape: Notwithstanding the yard and setback provisions of this by-law to the contrary,
an unenclosed fire escape, and the structural members necessary to its support, may project
into any required yard or setback a maximum distance of 1.2 metres.
e. Boat House, Pump House or Dock: Notwithstanding any other provisions of this by-law to
the contrary, a boat house, pump house or a dock may be erected and used in the front yard
of a lot fronting on a navigable waterway, provided such accessory buildings or structures
are located no closer than 3 metres to the side lot line.
21
SECTION 4 - ZONES
a. Classification:
The provisions of this by-law supply to all lands within the limits of the Township of Harris, which lands for the
purpose of this by-law, are divided into various zones as follows and are shown on Schedule "A" of this by-law:
SYMBOL
ZONE
A1
Agricultural
EP
Environmental Protection
RR
Rural Residential
SR
Seasonal Residential
TC
Tourist Commercial
HC
Highway Commercial
IE
Industrial Extractive
OS
Open Space
b. Zone Provisions:
No person shall use land or erect or use any building or structure except in accordance with the general and
specific provisions of this by-law applying to the zone in which the land, building or structure of this by-law
provides otherwise.
c. Zone Symbols:
The symbols listed in Section 4 hereof may be used to refer to buildings and structures, the uses of lots,
buildings and structures permitted by this by-law in the said zones, and whenever in this by-law the word "zone"
is used, preceded by any of the said symbols, such reference shall mean any area withing the Corporation within
the scope of this by-law, delineated on Schedule A and identified thereon by the said symbol.
d. Zone Boundaries:
Zone boundaries where possible are construed to be lot lines, street lines, centre lines of streets, railway rights-
of-ways, following a watercourse or boundaries of registered plans. In the case where uncertainty exists as to
the boundary of any zone from the location of the boundary line shall be scaled from the Zoning Map Schedule.
e. Interpretation and Application:
In interpreting and applying the provisions of this by-law, the promotion of minimum standards of public health,
safe comfort, convenience and public welfare shall govern.
22
SECTION 5 - AGRICULTURAL (A1) ZONE:
5.1
Uses Permitted:
No person shall within any A1 Zone, use any lot or erect, alter or use any building or structure for any
purpose except one or more of the following uses:
-
A farm
-
A farm produce storage facility or retail outlet
-
An animal hospital, kennel or riding stable
-
A nursey or greenhouse
-
A forestry operation
-
Any use or enterprise carried on in the field of general agriculture
-
A single-family detached dwelling house
-
An additional dwelling house as permitted by Section 3, hereof
-
A church, school, community hall, park or cemetery
-
An existing airdome
-
Uses connected with public use.
5.2
Zone Provisions:
No person shall within any A1 Zone, use any lot, or erect, alter or use any building or structure except in
accordance with the following provisions:
5.21 Agricultural Uses:
a.
Lot Area (minimum)
30 ha.
b.
Lot Frontage (minimum)
274 m
c.
Front Yard (minimum)
18m
d.
Exterior Side Yard (minimum)
18m
e.
Interior Side Yard (minimum)
15m
f.
Rear Yard (minimum)
30m
g.
Lot Coverage (maximum)
15 %
h.
Building Height (maximum)
11m
i.
Floor Area (minimum)
90 sq m
j.
Barn (minimum) of 46 m from watercourse
k.
Accessory uses, parking, etc... In accordance with the provisions of Section 3 hereof.
5.22 Residential and Non Agricultural Uses:
a.
Lot Area (minimum)
1.2 ha
(maximum)
2.0 ha
b.
Lot Frontage (minimum)
90m
(maximum)
120m
c.
Lot Depth (minimum)
140m
(maximum)
170m
d.
Front Yard (minimum)
14m
e.
Exterior Side Yard (minimum)
14m
f.
Interior Side Yard (minimum)
5m
g.
Rear Yard (minimum)
11m
h.
Lot Coverage (maximum)
10 %
i.
Building Height (maximum)
11m
j.
Floor Area (minimum)
92 sq m
k.
Accessory uses, parking, etc... In accordance with the provisions of Section 3 hereof.
5.3
Institutional Uses:
23
In accordance with the provisions of Section 3 hereof.
5.4
Agricultural Zone Uses Restricted:
The following Agricultural (A1) Zone uses are subject to specific regulations:
Feed lots, fowl killing establishments or broiler plants, fur farms, manure storage areas or structures,
piggeries, poultry or game farms and hatcheries.
And no person shall use land or erect or use any building or structure for any of these uses, EXCEPT in
accordance with the following:
a. Not closer than 305m from an existing dwelling located on a lot that is under separate ownership.
b. Not closer than 610m from any Residential RR or SR Zone.
c. Not closer than 152m from the street line or deemed street line of any public road.
d. Not closer than 152m from any remaining lot line on which the use or structure is intended.
e. Not closer than 305m from a watercourse.
24
SECTION 6 - ENVIRONMENTAL PROTECTION (EP) ZONE
6.1
Uses permitted:
No person shall withing any EP Zone, use any lot or erect, alter or use any building or structure for any
purpose except one or more of the following uses:
-
An agricultural use, exclusive of any buildings or structures.
-
A forestry operation, exclusive of any buildings or structures.
-
A public or private park.
-
Existing buildings or structure.
-
Flood control devices.
6.2
Zone Provisions:
No person shall within any EP Zone, use any lot, or erect, alter or use any building or structure except in
accordance with the following provisions:
a. Lot Area
b. Lot Frontage
c. Lot Depth - All as existed on the date of the passing of this by-law.
25
SECTION 7 - RESIDENTIAL (RR) ZONE
7.1
Uses Permitted:
No person shall withing any RR Zone, use any lot, or erect, alter or use any building or structure for any
purpose except on or more of the following uses:
- a single-family detached dwelling house
- a home occupation in accordance with Section 2 and 3 hereof
- a public park
- a public use
- uses accessory to the foregoing.
7.2
Zone Provisions:
No person shall within the SR Zone, use any lot, or erect, alter or use any building or structure except in
accordance with the following provisions:
a.
Lot Area (minimum)
1394 sq m
b.
Lot Frontage (minimum)
27 m
c.
Front Yard (minimum)
9 m
d.
Side Yards (minimum)
3m
e.
Rear Yards (minimum)
9m
f.
Lot Coverage (maximum)
10%
g.
Building Height (maximum)
11m
h.
Floor Area (minimum)
93 sq m
i.
Accessory uses, parking, etc ... In accordance with the provisions of Section 3 hereof.
26
SECTION 8 - SEASONAL RESIDENTIAL (SR) ZONE
8.1
Uses Permitted:
No person shall withing any SR Zone, use any lot, or erect, alter or use any building or structure for any
purpose except on or more of the following uses:
- a seasonal dwelling house
- uses accessory to the foregoing.
7.2
Zone Provisions:
No person shall within the SR Zone, use any lot, or erect, alter or use any building or structure except in
accordance with the following provisions:
a.
Lot Area (minimum)
1.2 ha
(maximum)
2.0 ha
b.
Lot Frontage (minimum)
90 m
(maximum)
120 m
c.
Lot Depth (minimum)
140 m
(maximum)
170 m
d.
Front Yard (minimum)
14 m
e.
Exterior Side Yard (minimum)
14 m
f.
Interior Side Yard (minimum)
5 m
g.
Rear Yard (minimum)
11 m
h.
Lot Coverage (maximum)
10%
i.
Building Height (maximum)
11m
j.
Floor Area (minimum)
56 sq m
k.
Accessory uses, parking, etc ... In accordance with the provisions of Section 3 hereof.
l.
Water setback - No building or structure other than a dock or a boathouse shall be constructed
closer than 23m to the controlled or high water line mark or within 23m of the defined flood
plain.
27
SECTION 9 - TOURIST COMMERCIAL (TC) ZONE
9.1
Uses permitted:
No person shall within the TC Zone, use any lot, or erect, alter or use any building or structure except in
accordance with the following provisions:
-
A single-family detached dwelling house
-
A boarding or lodging house
-
A motel, hotel, lodge or group of rental cabins
-
An automobile service station
-
A restaurant, tavern or other eating establishment
-
A place of recreation
-
A retail store
-
A private camping area or trailer park
-
A park
-
A marina
-
A parking lot
-
A public use
9.2
Zone Provisions:
No person shall within the TC Zone, use any lot, or erect, alter or use any building or structure except in
accordance with the following provisions:
9.21
Non-Residential Uses (excepting automobile services stations or any business use with pump
islands for retail sale of gasoline - for which see section 9.22)
a.
Lot Area (minimum)
0.4 ha
b.
Lot Frontage (minimum)
60 m
c.
Lot Depth (minimum)
70 m
d.
Front Yard (minimum)
11 m
e.
Exterior Side Yard (minimum)
11 m
f.
Interior Side Yard - no minimum, provided that where the interior side lot line abuts a
Residential Zone, the minimum interior side yard width shall be 9m and provided
further that the 3m strip of land adjoining the abutting Residential Zone may form part
of the required Landscaped Open Space.
g.
Rear Yard (minimum)
6 m
Provided that where the rear lot line abuts a Residential Zone, the minimum rear yard
depth shall be 9m and provided further that the 3m strip of land adjoining the abutting
Residential Zone may form part of the required Landscaped Open space.
h.
Lot Coverage (maximum)
33 %
i.
Building Height (maximum)
11 m
j.
Floor Area (minimum)
156 sq m
k.
Landscaped Open Space (minimum) 10 %
l.
Accessory uses, parking, etc ... In accordance with the provisions of
Section 3 hereof.
m.
Open Storage - no open storage of goods or materials shall be permitted except as
necessary to the main use and in accordance with the following provisions:
i.
Any open Storage use shall be permitted in a rear yard;
ii.
Any open storage use shall be concealed from view of abutting lots and streets
by a fence, wall or similar structure.
iii.
No open storage use shall cover more than 35% of the lot area.
iv.
The open storage provision of this subsection shall not apply to marinas.
28
9.22
Automobile Service Stations and any Business Use with Pump Islands for Retail Sale of
Gasoline:
No person shall within the TC Zone, use any lot, or erect, alter or use any building or
structure except in accordance with the following provisions:
a.
Lot Area (minimum)
0.4 ha
b.
Lot Frontage (minimum)
46 m
c.
Lot Depth (minimum)
90 m
d.
Front Yard (minimum)
15 m
e.
Exterior Side Yard (minimum)
15 m
f.
Interior Side Yard (minimum)
8 m
g.
Rear Yard (minimum)
8 m
h.
Lot Coverage (maximum)
30 %
i.
Landscaped Open Space (minimum)10 %
j.
Accessory uses, parking, etc ... In accordance with the provisions of Section 3
hereof.
k.
Pump Location - Notwithstanding any other provisions of this by-law to the
contrary, a pump island may be located within any front yard or exterior side
yard provided:
i.
The minimum distance between any portion of the pump island and any
street line shall be 6m.
ii.
Where the lot is a corner lot, no portion of any pump island shall be
located closer than 3m to a straight line between a point in the front lot
line and a point in the exterior side lot line, each such point being a
distance of 15m from the intersection of such lot lines.
iii.
The width of any entrance or exit, or combined entrance and exit;
measured at the front lot line shall not be greater than 9m.
iv.
On a corner lot, no entrance or exit shall be permitted within 15m of the
corner of the lot.
l.
Where the interior side or rear lot lines abuts a Residential Zone, a strip
adjoining such abutting lot line or portion thereof shall be used for no other
purpose than landscaping and the width of the corresponding side or rear yard
shall be no less than 9m.
29
SECTION 10 - HIGHWAY COMMERCIAL (HC) ZONE
10.1
Uses Permitted:
No person shall within the HC Zone, use any lot, or erect, alter or use any building or structure except in
accordance with the following provisions:
-
A single-family detached dwelling house
-
An accessory dwelling house
-
A motel
-
A restaurant or other eating establishment
-
An automobile service station
-
An automobile body repair shop
-
An automobile sales agency
-
A farm equipment sales and rental agency
-
A retail store
-
A parking lot
-
A public use
-
An automobile wrecking yard
10.2
Zone Provisions:
No person shall within the HC Zone, use any lot, or erect, alter or use any building or structure except in
accordance with the following provisions:
10.21 Residential Uses
In accordance with the provisions of Section 7 hereof.
10.22 Non Residential Uses (excepting automobile service stations or any business use with pump
islands for retail sale of gasoline - for which see Section 9.22):
a.
Lot Area (minimum)
1.2 ha
b.
Lot Frontage (minimum)
90 m
c.
Lot Depth (minimum)
140 m
d.
Front Yard (minimum)
15 m
e.
Exterior Side Yard (minimum)
15 m
f.
Interior Side Yard (minimum)
5 m
g.
Rear Yard (minimum)
9 m
h.
Lot Coverage (maximum)
33 %
i.
Building Height (maximum)
11 m
j.
Floor Area (minimum)
56 sq m
k.
Landscaped Open Space (minimum)10 %
l.
Accessory uses, parking, etc ... In accordance with the provisions of Section 3
hereof.
m.
Open storage in accordance with Section 9.2.
30
SECTION 11 - INDUSTRIAL EXTRACTIVE (IE) ZONE
11.1
Uses Permitted:
No person shall within the IE Zone, use any lot, or erect, alter or use any building or
structure
except in accordance with the following uses:
-
Mining operation, existing
-
The processing of natural materials including washing and crushing operations
and the open storage of aggregate materials.
11.2
Zone Provisions:
No person shall within the IE Zone, use any lot, or erect, alter or use any building or structure except in
accordance with the following provisions:
a. No new buildings or structures shall be located within 152m of any Residential Zone.
b. No washing, crushing or blasting operation shall be permitted within 305m of any
Residential Zone.
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SECTION 12 - OPEN SPACE (OS) ZONE
12.1
Uses Permitted:
No person shall within the OS Zone, use any lot, or erect, alter or use any building or s
structure except in accordance with the following uses:
-
A public or private park
-
A municipally owned recreational facility
12.2
Zone Provisions:
No person shall within the HC Zone, use any lot, or erect, alter or use any building or structure except in
accordance with the following provisions:
12.21 Except for boathouses and docks no permanent structures or buildings shall be permitted.
a.
Front Yard (minimum)
10 m
b.
Side Yards (minimum)
5 m
c.
Lot Coverage (minimum)
3 %
d.
No new buildings or structures shall be located closer than 15 m to a public street.
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ADMINISTRATION:
This by-law shall be administered and enforced by the Building Inspector or such other person as may be delegated by
the Council of the Corporation from time to time.
ENFORCEMENT:
Any person convicted of a breach of the provisions of this by-law shall forfeit and pay, at the discretion of the convicting
magistrate a penalty not exceeding the sum of $300 for each offense, exclusive of costs, and every such penalty shall be
recoverable under the Summary Conviction Act, all of the provisions of which shall apply, except that the imprisonment
may be for any term not exceeding 21 days. Any person contravening this by-law shall correct or remedy the condition
or matter resulting in such contravention within a reasonable time and when not otherwise specified, each 10 days that
a condition or matter resulting in the contravention of this by-laws is allowed to exist shall constitute a separate offense.
VALIDITY:
If any portion of this by-law is for any reason declared invalid by a court of competent jurisdiction, such decision shall
not affect the validity of the remaining portions of this by-law.
EFFECTIVE DATE:
This by-law shall come into effect on the day it is passed by Council subject to the approval of the Ontario Municipal
Board.
Read a first and second time, this 21st day of December, 1981.
Read a third and final time and finally passed by Council this 21st, day of December, 1982.
Signed:
Marty Auger, Reeve
Wilda Gibson, Clerk
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SCHEDULE A