This is the exact embedded text of the captured official document.
Snapshot f2517b9cd3fa · verified 2026-06-10 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
Municipality of Hastings Highlands
Bylaw 2004-035 Comprehensive Zoning Bylaw
(Consolidation)
Office Consolidation: February 2024
(contains amendments up to the end of December 2023)
Note: This document is an Office Consolidation and is not a legal document.
In the event of a discrepancy, reference shall be made to the original, approved amending
By-law. The Municipality of Hastings Highlands does not warrant the accuracy of
consolidated versions.
This consolidation cannot be distributed or used for commercial purposes. Any other
distribution must repeat this disclaimer.
How to Read this Consolidated Document:
Amendments to Bylaw 2004-035 Comprehensive Zoning Bylaw will be bold and
italicized with "*" at both the end and beginning of the amended wording and will include
the Bylaw No. that amended that wording.
Official versions of all By-laws can be obtained from the Clerk's Office by calling 613-338-
2811.
Skip to Page 1 of Zoning Bylaw
Zoning Bylaw Amendments to Bylaw 2004-035 Comprehensive Zoning Bylaw
(as of December 2023)
Bylaw No.
Date
Description
2004-040
September 8, 2004
Rezoning Part of Lot 1, Concession East Hastings
Road, Parts 1 to 4, Reference Plan 21R2946,
Wicklow from Rural (RU) to Rural Commercial (RC).
2004-041
September 8, 2004
Rezoning Part of Lot 16, Concession 4, Herschel
from Rural (RU) to Rural Residential Special (RRS-
3). *repealed and replaced by Bylaw 2018-034.
2004-044
October 13, 2004
Rezoning Part of Lot 11, Concession 10, Herschel
from Marginal Agriculture (MA) to Rural Residential
(RR).
2004-061
December 8, 2004
Rezoning Part of Lots 75 and 76, Concession West
Hastings Road, Herschel from Marginal Agriculture
(MA) to Urban Commercial (UC).
2004-062
December 8, 2004
Administrative amendment to correct omissions from
the Bylaw and amend zone categories omitted in the
final draft of Bylaw 2004-035.
2005-009
March 9, 2005
Rezoning Part of Lots 11 and 12, Concession 3,
Herschel from Rural Residential (RR) to Waterfront
Residential (WR).
2005-014
May 11, 2005
Rezoning Lot 11 and Part of Lot 10, Concession 4,
Herschel from Marginal Agriculture (MA) to
Waterfront Residential (WR).
2005-029
June 8, 2005
Rezoning Part of Lot 5, Concession 12, Part 2 on
Reference Plan 21R5932, McClure from
Recreational Resort Commercial (RRC) to
Waterfront Residential (WR).
2005-037
July 13, 2005
Rezoning Part of Lot 45, Concession East Hastings
Road, Monteagle from Rural Residential (RR) to
Rural Commercial (RC).
2005-038
July 13, 2005
Rezoning Part of Lot 14, Concession 3, Herschel
from Marginal Agriculture (MA) to Rural Residential
(RR).
Bylaw No.
Date
Description
2005-046
August 10, 2005
Rezoning Part of Lot 15, Concessions 3 and 4,
Bangor from Marginal Agriculture (MA) to Rural
Residential (RR).
2005-053
September 7, 2005
Rezoning Part of Lot 17, Concession 2, Herschel
from Marginal Agriculture (MA) to Rural Residential
(RR).
2005-054
September 7, 2005
Rezoning Part of Lot 26, Concession 2 and 3, and
Part of Road Allowance between Concession 2 and
3 closed by Bylaw 4-93, Monteagle from Marginal
Agriculture (MA) to Rural Residential (RR).
2005-060
October 12, 2005
Rezoning Part of Lot 29, Concession 5, Herschel
from Marginal Agriculture (MA) to Special Waterfront
Residential (WR-1).
2005-061
October 12, 2005
Rezoning Part of Lot 21, Concession 3, Herschel
from Special Waterfront Residential (WR-1) to
Recreational/Resort Commercial (RRC).
2005-062
October 12, 2005
Rezoning Part of Lots 7 and 8, Concession West
Hastings Road, Herschel from Rural Commercial
(RC) to Marginal Agriculture (MA).
2005-063
October 12, 2005
Rezoning Part of Lot 34, Concession 6, Herschel
from Special Recreational/Resort Commercial
(RRC-5) to Marginal Agriculture (MA).
2005-064
October 12, 2005
Rezoning Part of Lot 19, Concession 4, Herschel
from Recreational/Resort Commercial (RRC) to
Waterfront Residential (WR).
2005-065
October 12, 2005
Rezoning Part of Lots 21 and 22, Concession 8,
being Parts 3, 4 and 5 on Plan 21R6356, Monteagle
from Environmental Protection (EP) and Marginal
Agriculture (MA) to Environmental Protection (EP)
and Recreational/Resort Commercial (RRC).
2005-066
October 12, 2005
Rezoning Part Lots 9 and 10, Concession 10 being
Part Lot 1 on Plan 2216, Parts 1 and 2 on Plan
21R1580, McClure from Marginal Agriculture (MA)
to Recreational/Resort Commercial (RRC).
Bylaw No.
Date
Description
2005-070
November 9, 2005
Rezoning Part of Lot 17, Concession East Hastings
Road, Monteagle from Residential Second Density
(R2) to Urban Commercial (UC).
2005-073
December 7, 2005
Rezoning Part of Lot 20, Concession 1, Herschel
from Marginal Agriculture (MA) to Rural Residential
(RR).
2005-074
December 7, 2005
Rezoning Part of Lot 21, Concession 3, Herschel
from Waterfront Residential (WR) to
Recreational/Resort Commercial (RRC). *Repealed
and replaced by Bylaw 2006-026.
2006-001
January 11, 2006
Rezoning Part of Lots 11 and 12, Concession 3,
Herschel from Marginal Agriculture (MA) to Limited
Services Residential (LSR).
2006-010
March 8, 2006
Rezoning Part of Lot 20, Concession 5, Herschel
from Recreational/Resort Commercial (RRC) to
Limited Services Residential (LSR).
2006-011
March 8, 2006
Rezoning Lots 47, 48 and Part of Lots 43, 44, 45, 46
and Gore being Plan 21R4539 Parts 1, 2 and 3,
Concession East Hastings Road, Monteagle from
Marginal Agriculture (MA) to Mineral Extractive
(MX).
2006-026
May 15, 2006
Ontario Municipal Board decision to amend Bylaw
2005-074 resulting in rezoning Lot 21, Concession
3, Herschel from Waterfront Residential (WR) to
Special Recreational/Resort Commercial (RRC-7).
2006-027
May 10, 2006
Rezoning Part of Lots 24 and 25, Concession 16,
Monteagle from Rural Commercial (RC) to Special
Rural Industrial (RI-13).
2006-028
May 10, 2006
Rezoning Part of Lots 26 and 27, Concession 7,
Bangor from Waterfront Residential (WR) to Rural
Residential (RR).
2006-040
July 12, 2006
Rezoning Part of Lot 32, Concession 12, Part 1 on
HSR 325, Bangor from Marginal Agriculture (MA) to
Limited Services Residential (LSR).
Bylaw No.
Date
Description
2006-051
August 9, 2006
Rezoning Part of Lots 41 and 42, Concession West
Hastings Road, Herschel from Marginal Agriculture
(MA) to Rural Residential (RR).
2006-052
August 9, 2006
Rezoning Part of Lot 8, Concession 11, Parts 11 to
19, Plan 731, McClure from Residential Second
Density (R2) to Waterfront Residential (WR).
2006-057
September 6, 2006
Rezoning Part of Lot 19, Concession 2, Monteagle
from Marginal Agriculture (MA) to Rural Residential
(RR).
2006-064
October 11, 2006
Rezoning Part of Lot 14, Concession 8, Herschel
from Environmental Protection (EP) to Waterfront
Residential (WR) and Environmental Protection (EP)
2007-007
February 12, 2007
Rezoning Part of Lot 13, Concession 3, Part 3 on
Plan 21R-11201, Herschel from Marginal Agriculture
(MA) to Rural Residential (RR).
2007-015
April 3, 2007
Rezoning Part of Lot 15, Concession 6, Herschel
from Rural Commercial (RC) to Limited Services
Residential (LSR) and Recreational/Resort
Commercial (RRC).
2007-024
June 5, 2007
Rezoning Part of Lots 8 and 9, Concession 10,
McClure from Waterfront Residential (WR) to
Limited Services Residential (LSR).
2007-034
July 3, 2007
Rezoning Part of Lot 11, Concession 4, Herschel
from Marginal Agriculture (MA) to Limited Services
Residential (LSR).
2007-041
August 7, 2007
Rezoning Part of Lot 8, Concession 13, Monteagle
from Marginal Agriculture (MA) to Rural Residential
(RR).
2007-050
December 4, 2007
Administrative Amendment - Wind Turbines.
2007-059
November 6, 2007
Rezoning Part of Lot 21, Concession 9, being Part
of 21R22391, Bangor from Marginal Agriculture
(MA) to Rural Residential (RR).
Bylaw No.
Date
Description
2007-065
December 4, 2007
Rezoning Concession West Hastings Road of Lots
12 and 13, Herschel from Marginal Agriculture (MA)
to Rural Industrial (RI).
2008-002
February 6, 2008
Rezoning Part of Lot 16 and 17, Concession 3,
Monteagle from Marginal Agriculture (MA) to
Residential Second Density (R2), the cemetery to
Community Facility (CF) and the retained land
excluding the cemetery and Environmental
Protection (EP) Zone only at the northern portion of
the property, to Marginal Agriculture - Holding (MA-
H).
2008-003
February 20, 2008
Rezoning Lot 10, Concession 10, McClure from
Marginal Agriculture (MA) to Limited Service
Residential (LSR), that a 30 metre buffer, from the
lake, where no development or vegetative
disturbance be allowed.
2008-016
April 2, 2008
Rezoning Part of Lot 17, Concession 4, Herschel
from Marginal Agriculture (MA) to Limited Service
Residential (LSR).
2008-018
April 16, 2008
Rezoning Part of Lot 2, Concession 3, Herschel
from Marginal Agriculture (MA) to Residential
Second Density (R2).
2008-024
April 2, 2008
Rezoning Part of Lot 19, Concession 2, Monteagle
from Marginal Agriculture (MA) to Rural Residential
(RR) and Environmental Protection (EP) Zone
remain.
2008-028
May 7, 2008
Rezoning Part of Lot 11, Concession 10, Herschel
from Marginal Agriculture (MA) to Rural Residential
(RR).
2008-030
June 4, 2008
Rezoning Part of Lot 19, Concession 8, 589
Centreview Road, Bangor from Marginal Agriculture
(MA) to Rural Residential (RR).
2008-037
June 18, 2008
Rezoning Part of Lot 6 and 7, Concession 10,
Monteagle from Waterfront Residential (WR) to
Limited Service Residential (LSR).
Bylaw No.
Date
Description
2008-039
July 2, 2008
Rezoning Part of Lot 15, Concession 12, Bangor
from Marginal Agriculture (MA) to Rural Residential
(RR).
2008-042
July 16, 2008
Rezoning Part of Lot 19 and 20, Concession 8,
Monteagle from Marginal Agriculture (MA) to Rural
Residential (RR).
2008-050
August 6, 2008
Rezoning Part of Lot 27 and 28, Concession 13,
Monteagle from Marginal Agriculture (MA) to Rural
Residential (RR).
2008-055
October 1, 2008
Rezoning Part Lot 19, Concession 2, Monteagle
from Marginal Agriculture (MA), Mineral Extractive
(MX), and Environmental Protection (EP) to
Marginal Agriculture (MA) and Environmental
Protection (EP) and acknowledging th proximity of
adjacent Mineral Extractive (MX) Zones.
2008-062
October 29, 2008
Rezoning Concession 2, Part Lot 1, Concession
West Hastings Road, Part Lots 5 to 7 Reference
Plan 21R4657 Part 1, 29670 Highway 62, Herschel
from Marginal Agriculture (MA) to Urban
Commercial (UC).
2008-067
December 3, 2008
Rezoning PCL D-1 SEC M53; BLK D Pl M53, BLK A
PL M 53 as in LT23866, Part of Lot 18, Concession
6, Bangor from Rural Commercial (RC) to Rural
Residential (RR).
2009-002
January 12, 2009
Rezoning Part of Lot 1 and 2, Concession 2, 29601
Highway 62, Herschel from Residential Second
Density (R2) to Urban Commercial (UC).
2009-003
January 28, 2009
Rezoning Part of Lots 7 and 8, Concession 10, 56
South Road, McClure from Marginal Agriculture
(MA) to Limited Service Residential (LSR).
2009-007
February 18, 2009
Rezoning Part of Lots 20, Concession 1, 384
Mountney Road, Monteagle from Marginal
Agriculture (MA) to Rural Residential (RR).
Bylaw No.
Date
Description
2009-013
April 15, 2009
Rezoning Part of Lots 30 and 31, Concession 8,
Forestview Road, Herschel from
Recreational/Resort Commercial (RRC) to
Waterfront Residential (WR) and Environmental
Protection (EP).
2009-018
April 15, 2009
Rezoning Part of Lots 14, Concession 3, 115
Brethour Road, Herschel from Marginal Agriculture
(MA) and Environmental Protection (EP) to
Waterfront Residential (WR) and Environmental
Protection (EP).
2009-021
April 15, 2009
Rezoning Part of Lots 11 S and E Plan 21R22679
Part 1, Concession 10, McGarry Road, Herschel
from Marginal Agriculture (MA) to Rural Residential
(RR).
2009-029
May 20, 2009
Rezoning Part of Lot 14, Concession 10, 465
Mooney Road, Monteagle from Marginal Agriculture
(MA) to Limited Service Residential (LSR).
2009-033
May 6, 2009
Rezoning Part of Lot 2, Concession 3, McClure from
Environmental Protection (EP) to Marginal
Agriculture (MA) to reflect more accurate
Environmental Protection boundaries.
2009-054
July 15, 2009
Rezoning Part of Lot 31, Concession 5, 233 West
Bay Lane, Herschel from Marginal Agriculture (MA)
to Special Limited Service Residential (LSR-2).
2009-058
August 5, 2009
Rezoning Part of Lot 15, Concession 3, 199
Brethour Road, Herschel from Marginal Agriculture
(MA) to Special Rural Residential (RR*) and
retained to be rezoned Marginal Agriculture (MA),
Environmental Protection (EP) and Mineral
Extractive (MX) to recognize an existing pit and
licensed area.
2009-075
October 28, 2009
Rezoning Part of Lots 14, Concession 3, 115
Brethour Road, Herschel to Special Marginal
Agriculture and Environmental Protection (MA&EP*)
and Special Waterfront Residential and
Environmental Protection (WR&EP*).
Bylaw No.
Date
Description
2010-010
March 24, 2010
Rezoning Part of Lots 32, Concession 5 and 6, 187
Storey Road, Herschel from Marginal Agriculture
(MA) and Urban Commercial (UC) to Special
Recreational/Resort Commercial (RRC-60).
2010-012
March 24, 2010
Administrative Amendments - accessory buildings,
sleeping/bunkie cabin, boathouse; Housekeeping
Bylaw.
2010-016
March 24, 2010
Rezoning Part of Lots 5, Concession 3, Part 2 on
21R-2700, High Falls Trail, Herschel from Marginal
Agriculture (MA) to Rural Residential (RR).
2010-020
April 14, 2010
Rezoning Part of Lots 27, Concession 5, 150 Shady
Maple Lane, Monteagle from Marginal Agriculture
(MA) and Environmental Protection (EP) to Marginal
Agriculture (MA), Environmental Protection (EP) and
the Mineral Extractive (MX) being limited to the
retained lands occupied by the existing pit.
2010-050
August 11, 2010
Rezoning the severed portion of Part of Lot 9,
Concession 10, McClure from Waterfront
Residential (WR) to Special Recreational Resort
Commercial (RRC-62). *cancelled by owners
request.
2011-001
January 12, 2011
Rezoning Part of Lot 3, Concession 1, being Parts 1
and 2 on Reference Plan 21R-3030, Herschel from
Residential Second Density (R2) to Urban Industrial
(UI).
2011-016
September 21, 2011 Rezoning that portion of Part of Lots 16 and 17,
Concession 3, Monteagle, designated as Part 1 on
Plan 21R-21181 save and except for a 15 metre
buffer zone surrounding Part 2 on Plan 21R-21181
from Marginal Agriculture (MA - Holding) to
Marginal Agriculture (MA). The Environmental
Protection (EP) within Part 1 on Plan 21R-21181
shall remain. That a 15 metre buffer zone
surrounding Part 2 on Plan 21R-21181 shall remain
as Marginal Agriculture Holding (MAH).
Bylaw No.
Date
Description
2011-031
May 25, 2011
Administrative Amendment - Trailer prohibition;
definitions of camper trailer, motorized mobile
home/recreational vehicle, travel trailer, and truck
camper.
2011-054
September 21, 2011 Rezoning Part of Lot 8, Concession 2, designated
as Part 3 on Reference Plan 21R-23546, Herschel
from Marginal Agriculture (MA) and Environmental
Protection (EP) to Rural Residential (RR) and
Special Environmental Protection (EP-Special).
2011-063
October 19, 2011
Rezoning Part of Lot 26, Concession 6, Herschel
from Limited Services Residential (LSR) to Special
Limited Services Residential (LSR-65).
2011-066
January 18, 2012
Rezoning Part of Lots 7 and 8, Concession West
Hastings Road, being 29681 Highway 62, Herschel
to Special Urban Commercial (UC-67).
2011-068
November 2, 2011
Rezoning 2346 Papineau Lake Road, being
Summer Resort Lots 4 and 4A, Plan 1284 and Part
3, Plan 21R-13241, Wicklow from Waterfront
Residential (WR) to Special Waterfront Residential
(WR-66).
2011-072
November 23, 2011
Rezoning Part of Lot 15, Concession 4, Bangor from
Marginal Agriculture (MA) to Rural Residential (RR).
2012-043
May 16, 2012
Rezoning Part of Lot 7, Concession 3, Wicklow from
Community Facility (CF) and Environmental
Protection (EP) to Marginal Agriculture (MA) and
Environmental Protection (EP).
2012-045
May 16, 2012
Administrative Amendment - automobile, building,
structure, parking, docks.
2012-047
July 18, 2012
Rezoning Part of Lot 1, Concession East Hastings
Road, Wicklow, and shown as Part 1 on Plan 21R-
23763 from Marginal Agriculture (MA) to Residential
Second Density (R2).
Bylaw No.
Date
Description
2012-048
June 20, 2012
Rezoning Part of Lots 9 and 10, Concession 4,
Monteagle from Marginal Agriculture (MA) and
Environmental Protection (EP) to Environmental
Protection (EP), Special Marginal Agriculture (MA-
68), and Rural Residential (RR).
2012-049
June 20, 2012
Rezoning Part of Lot 11, Concession 1, Wicklow,
being Part 1 on 21R-23769, from Urban Commercial
(UC) to Residential Second Density (R2).
2012-050
July 18, 2012
Rezoning Lot 29, Plan 2216, McClure, 38 Boulter
Lake Road, from Marginal Agriculture (MA) and
Environmental Protection (EP) to
Recreational/Resort Commercial (RRC) and
Environmental Protection (EP) .
2012-053
July 18, 2012
Rezoning Part of Lots 8 and 9, Concession 9, and
Part of Lots 6, 7 and 8, Concession 10, McClure,
from Marginal Agriculture (MA) to Special Marginal
Agriculture (MA-69).
2012-058
July 18, 2012
Rezoning Part of Lots 24 and 25, Concession 5, and
Part of Lot 26, Concession 6, Shady Maple Lane,
Monteagle, from Limited Services Residential (LSR)
to Rural Residential (RR).
2012-066
September 19, 2012 Administrative Amendment - Marine/snowmobile
dealer.
2012-069
September 19, 2012 Rezoning Part of Lot 26, Concession 13, being Parts
1, 5 and 8, Plan 21R-10307, Monteagle, from
Environmental Protection (EP) to Waterfront
Residential (WR).
2013-068
November 20, 2013
Amending Special Rural Industrial (RI-35) for Lot 25,
Concession 16, Monteagle by adding or amending
the permitted uses and zone provisions for RI-35.
2014-002
January 22, 2014
Rezoning Lot 11 and Part of Lot 12, Plan 2272 and
Part 1, Plan 21R-23504, Herschel, being 252
Ponacka Road, from Limited Services Residential
(LSR) to Special Limited Service Residential (LSR-
71) as shown as Parts 3 and 4 on the Preliminary
Reference Plan.
Bylaw No.
Date
Description
2014-003
January 22, 2014
Rezoning Part of Lot 12, Plan 2272 and Part 1, Plan
21R-1598 and Part 7, Plan 21R-18527, Herschel,
being Ponacka Road, from Limited Service
Residential (LSR) to Special Limited Service
Residential (LSR-72) shown as Part 2 on the
Preliminary Reference Plan.
2014-012
February 19, 2014
Rezoning Part of Lot 32, Concession 1, Bangor,
being Part 3 on Plan 21R-24124 from Marginal
Agricultural (MA) to Special Rural Residential (RR-
74).
2014-013
February 19, 2014
Rezoning Part of Lot 32, Concession 1, Bangor,
save and except Parts 1, 2, 3 and 4, Plan 21R-
24124 from Marginal Agriculture (MA) to Special
Marginal Agriculture (MA-73).
2014-026
March 19, 2014
Rezoning Part of Lot 1, Concession 3, Herschel,
being Parts 3 and 6 on Plan 21R-24165 from
Marginal Agriculture (MA) to Residential Second
Density (R2).
2014-027
March 19, 2014
Rezoning Part of Lot 1, Concession 3, Herschel,
being Parts 2 and 5 on Plan 21R-24165, from
Marginal Agriculture (MA) to Residential Second
Density (R2).
2014-028
March 19, 2014
Rezoning Part of Lot 1, Concession 3, Herschel,
being Parts 1 and 4 on Plan 21R-24165, from
Marginal Agriculture (MA) to Rural Residential (RR).
2014-029
March 19, 2014
Rezoning Part of Lot 1, Concession 3, Herschel,
being 43 Bird Lake Road, from Marginal Agriculture
(MA) to Special Marginal Agriculture (MA-75). The
Environmental Protection (EP) shall remain as
Environmental Protection (EP).
2014-043
June 18, 2014
Rezoning Part of Lot 12, Concession 11, McClure,
Elgin Road, from Waterfront Residential (WR) to
Special Waterfront Residential (WR-75).
2014-062
July 16, 2014
Rezoning Part of Lot 24, Concession 11, Monteagle,
from Marginal Agriculture (MA) to Special Limited
Service Residential (LSR-58).
Bylaw No.
Date
Description
2014-067
August 13, 2014
Rezoning Part 2 on Preliminary Reference Plan,
Part of Lot 14, Concession 9, Monteagle from
Marginal Agriculture (MA) to Limited Service
Residential (LSR).
2014-068
August 13, 2014
Rezoning Part Lot 25, Concession 7 and Part Lot
25, Concession 8, Wicklow from Marginal
Agriculture (MA) to Special Recreational/Resort
Commercial - Holding (RRC-76-H). *Holding
provision removed by Bylaw 2014-081.
2014-078
November 19, 2014
Rezoning Part of Lot 12, Concession 3, Herschel,
from Marginal Agriculture (MA) to Limited Service
Residential (LSR).
2014-081
October 15, 2014
Removal of Holding provision of Special
Recreational/Resort Commercial (RRC-76) for Part
Lot 25, Concession 7 and Part Lot 25, Concession
8, Wicklow, as per Bylaw 2014-068.
2014-083
November 19, 2014
Administrative Amendment - add definitions for
brewey and meducal marihuana production facility.
2015-015
April 1, 2015
Rezoning Part Lot 8, Concession 2, being Part 2 on
Plan 21R-23546, Herschel, being 669 South
Baptiste Lake Road, to Special Recreational/Resort
Commercial (RRC-77).
2015-039
June 24, 2015
Rezoning Part of Lot 26, Concession 12, designated
as Part 1, Plan 21R-20319 and Part 4, Plan 21R-
24386, Monteagle, save and except Part 3 on Plan
21R-24386, from Limited Services Residential (LSR)
to Rural Residential (RR). The Environmental
Protection (EP) shall remain as is.
2015-065
October 7, 2015
Rezoning Part of Lot 7, Concession 2, Herschel,
from Residential Second Density (R2) to Special
Rural Commercial (RC-80).
2015-071
September 9, 2015
Rezoning Part of Lots 3 and 4, Concession 2,
Herschel, from Open Space (OS) to Special Rural
Industrial (RI-79). *replaced and repealed by
Bylaw 2016-006.
Bylaw No.
Date
Description
2015-075
October 21, 2015
Rezoning Part Lot 14, Concession 9, Monteagle to
Special Limited Service Residential (LSR-81);
rezoning Part Lot 14, Concession 9, Monteagle to
Special Limited Service Residential (LSR-82);
rezoning Part Lot 14, Concession 9, Montealge to
Special Limited Service Residential (LSR-83); and
rezoning Part Lot 14, Concession 9, Monteagle to
Special Limited Service Residential (LSR-84).
2015-077
October 21, 2015
Rezoning Part of Lot 19, Concession 2, being Part 5
on Plan 21R-21413, Monteagle, 13 Mountney Road,
from Mineral Extractive (MX) to Marginal Agriculture
(MA).
2015-078
October 21, 2015
Rezoning Part of Lot 18, Concession 2, Monteagle,
1258 Musclow Greenview Road, from Mineral
Extractive (MX) to Marginal Agriculture (MA).
2016-006
March 2, 2016
Rezoning Part of Lot 4, Concession 2, being Part 1
on Plan 21R-24554, Herschel from Special Rural
Industrial (RI-79) to Special Rural Industrial (RI-85).
2016-013
April 6, 2016
Administrative Amendment - Lot coverage for
accessory buildings shall not exceed 5% of the total
lot area.
2016-014
April 6, 2016
Administrative Amendment - Minimum gross floor
area in a dwelling unit in Marginal Agriculture (MA)
is 35.7 sq. metres (384 sq.ft.).
2016-019
June 1, 2016
Rezoning Part of Lot 10, Concession 7, Monteagle,
being 2542 Musclow Greenview Road, from
Marginal Agriculture (MA) to Special Marginal
Agriculture (MA-86); and rezoning Part of Lot 10,
Concession 7, Monteagle, being 2542 Musclow
Greenview Road, from Marginal Agriculture (MA) to
Rural Residential (RR).
2016-020
April 6, 2016
Rezoning Part of Lot 10, Concession 7, Monteagle,
being Part 1 on Plan 21R-5237 and Part 3 on
Preliminary Reference Plan (on Musclow Greenview
Road) from the Rural Residential (RR) and Marginal
Agriculture (MA) to the Special Rural Residential
(RR-87).
Bylaw No.
Date
Description
2016-048
July 20, 2016
Administrative Amendment - definition of
boathouse, private.
2016-049
June 22, 2016
Rezoning Part of Lot 2, Concession 1, Herschel,
Roll No. 129027801505305, from Residential
Second Density (R2) to Special Urban Commercial
(UC-88).
2016-062
August 24, 2016
Rezoning Part of Lots 30 and 31, Concession 5,
Wicklow, being 469 Madawaska Road, from Rural
Residential (RR) to Marginal Agriculture (MA).
2016-071
October 5, 2016
Rezoning Part of Lot 7, Concession 11, Monteagle
from Marginal Agriculture (MA) to Rural Residential
(RR).
2016-072
October 5, 2016
Rezoning Part of Lots 14 and 15, Concession 8,
Monteagle, being 122 Salmon Trout Lane, from
Marginal Agriculture (MA) to Special Marginal
Agriculture (MA-89).
2017-002
January 18, 2017
Rezoning Part of Lot 28, Lots 29 and 30,
Concession 15, Monteagle, from Marginal
Agriculture (MA) to Special Mineral Extractive (MX-
90).
2017-039
May 3, 2017
Rezoning Part of Lot 6, Concession 12, being Part 1
on 21R-17832, Monteagle, from Rural Residential
(RR) to Marginal Agriculture (MA).
2017-041
May 3, 2017
Rezoning Part of Lot 7, Concession 1, Wicklow,
from Marginal Agriculture (MA) to Rural Residential
(RR).
2017-045
June 20, 2017
Rezoning Part of Lot 4, Concession 2, Herschel,
being Part 2 on 21R-24772, from Open Space (OS)
to Special Rural Industrial (RI-91).
2017-046
June 20, 2017
Rezoning Part of Lot 4, Concession 2, Herschl,
being Part 1 on Plan 21R-24772, from Open Space
(OS) to Special Rural Industrial (RI-92).
2017-072
October 4, 2017
Rezoning Part of Lot 19, Concession 2, being Part 1
on Plan 21R-24923, Monteagle from Marginal
Agriculture (MA) to Rural Residential (RR).
Bylaw No.
Date
Description
2017-073
October 4, 2017
Rezoning Part of Lot 5, Concession 10, being Part 1
on Plan 21R-14695, Monteagle, from Rural
Residential (RR) to Special Marginal Agriculture
(MA-93).
2017-078
October 4, 2017
Rezoning Lot 8, Registrar's Compiled Plan 2216 and
Part of Lot 2, Registrar's Compiled Plan 2216 being
Part 1, Plan 21R-20918, McClure, from the Special
Rural Residential (RR-4) to Limited Service
Residential (LSR).
2017-087
December 6, 2017
Rezoning Part of Lot 14, Concession 8, being Part 2
on Plan 21R-15382, Herschel from Environmental
Protection (EP) to Waterfront Residential - Holding
(WR-H). The Holding provision shall only be
removed when construction plans satisfactory to the
Muncipal Council have been approved and Council
is satisfied that the minimum height of building
openings exceeds 352.6 metres Canadian Geodetic
Datum.
2017-088
December 6, 2017
Rezoning Part of Lot 14, Concession 8, being Part 1
on Plan 21R-15382, Herschel, from Environmental
Protection (EP) to Waterfront Residential - Holding
(WR-H). The Holding provision shall only be
removed when construction plans satisfactory to the
Muncipal Council have been approved and Council
is satisfied that the minimum height of building
openings exceeds 352.6 metres Canadian Geodetic
Datum.
2018-005
January 17, 2018
Rezoning Part of Lot 17, Concession 9, Monteagle,
from Marginal Agriculture (MA) to Rural Residential
(RR).
2018-022
March 7, 2018
Rezoning Part of Lots 24 and 25, Concession 13,
and south part of Lot 25, Concession 14, Monteagle,
from Marginal Agriculture (MA) and Environmental
Protection (EP) to Special Marginal Agriculture (MA-
95) and Environmental Protection (EP).
Bylaw No.
Date
Description
2018-034
May 30, 2018
Rezoning Part of Lot 16, Concession 4, being Part 3
on Plan 21R-21134 and Part 2 on Plan 21R-25127,
Herschel, from Limited Service Residential (LSR)
and Special Rural Residential (RR-53) to Special
Limited Service Residential (LSR-97).
2018-035
May 30, 2018
Rezoning Part of Lot 16, Concession 4, being Part 1
on Plan 21R-25127, Herschel, from Limited Service
Residential (LSR) to Special Limited Service
Residential (LSR-96).
2018-052
May 30, 2018
Rezoning Part of Lot 9, Concession 13, being Part 2
on Plan 21R-10564, Monteagle, from Marginal
Agriculture (MA) to Rural Residential (RR).
2018-062
May 30, 2018
Administrative Amendment - remove definition of
medical marihuana production.
2018-095
September 5, 2018
Rezoning Part of Lot 14, Concession 9, being Part 1
on Preliminary Reference Plan, Monteagle, from
Marginal Agriculture (MA) to Limited Service
Residential (LSR).
2018-108
October 3, 2018
Rezoning Part of Lot 11, Concession 5, being Part 1
on Reference Plan 21R-25193, Bangor, from
Marginal Agriculture (MA) to Rural Residential (RR).
2019-002
February 20, 2019
Administrative Amendment - add Section 5.50
"Second "Dwelling Units"."
2019-003
January 16, 2019
Rezoning Part of Lot 10, Concession 10, being Parts
1 and 4 on Reference Plan 21R-25260, Herschel,
from Marginal Agriculture (MA) to Rural Residential
(RR).
Bylaw No.
Date
Description
2019-025
April 17, 2019
Rezoning Part of Lot 17, Concession 6 and Part of
the Shore Road Allowance around Purdy Lake in
front of Lot 17, Concession 6, Bangor, being Parts 1
and 6 on Plan 21R-25344, from Recreational/Resort
Commercial (RRC) to Waterfront Residential (WR);
and rezoning Part of Lot 16, Concession 6, and Part
of Shore Road Allowance around Purdy Lake in
front of Lot 16, Concession 6, Bangor, being Parts 4,
5, 9 and 10 on Plan 21R-25344, from Rural
Residential (RR) to Waterfront Residential (WR).
2019-033
April 17, 2019
Rezoning Parts 1, 2, 3 and 4 on Plan 21R-25317,
Lots 3 and 4, Concesion 2, Herschel, from Open
Space (OS) to Special Rural Residential (RR-98).
2019-060
May 29, 2019
Rezoning Part of Lot 8, Concession 16, Monteagle,
being Part 1 on Plan 21R-25334, from Marginal
Agriculture (MA) to Rural Residential (RR).
2019-061
May 29, 2019
Rezoning Part of Lot 10, Concession 4, Herschel,
being Part 4 on Plan 21R-21572, from Marginal
Agriculture (MA) to Special Rural Residential (RR-
99).
2019-076
September 4, 2019
Administrative Amendment - Tiny Homes Bylaw;
amended Section 5.49 "Minimum Gross Floor Area
in a Dwelling Unit"
2020-005
January 22, 2019
Rezoning Part of Lot 14 and Lot 15, Concession 8,
Herschel, from Marginal Agriculture (MA) to Special
Marginal Agriculture (MA-100).
2020-015
March 4, 2019
Rezoning Part of Lots 13 and 14, Concession East
Hastings Road and Part 2 on Plan 21R-6594,
Monteagle, from Special Urban Commercial (UC-15)
to Residential First Density (R1).
2020-022
March 4, 2019
Rezoning Part of Lot 10, Concession 15, Monteagle,
from Marginal Agriculture (MA) to Rural Residential
(RR).
Bylaw No.
Date
Description
2020-046
September 2, 2020
Rezoning Part of Lot 16, Concession 4, being Part 1
on Reference Plan 21R-25537, Bangor, from
Marginal Agriculture (MA) to Rural Residential (RR);
and rezoning Part of Lot 16, Concessions 3 and 4,
save and except Part 1 on Reference Plan 21R-
25537, Bangor, from Marginal Agriculture (MA) ro
Special Marginal Agriculture (MA-102).
2020-056
October 7, 2020
Rezoning Part of Lot 14, Concession 9, Monteagle,
being Parts 1, 2 and 3 on Preliminary Reference
Plan from Marginal Agriculture (MA) to Limited
Services Residential (LSR).
2020-072
September 2, 2020
Rezoning Part of Lot 11, Concession 5, being Part 1
on Plan 21R-25698, Bangor, from Rural Residential
(RR) to Special Rural Residential (RR-103).
2020-078
October 7, 2020
Rezoning Part of Lot 22, Concession 15, Monteagle,
being Part 1 on Reference Plan 21R-25676, from
Marginal Agriculture (MA) to Special Rural
Residential (RR-104).
2021-025
June 2, 2021
Rezoning Lot 11 and Part of Lot 12, Registrars
Compiled Plan 2272, being Parts 3 and 4 on Plan
21R-24177 and Part 2 on draft Reference Plan by P.
A. Miller Surveying Ltd. dated January 14, 2021, in
the Geographic Township of Herschel, from the
Special Limited Service Residential-71 (LSR-71)
Zone to the Special Limited Service Residential-106
(LSR-106) Zone.
2021-026
June 2, 2021
Rezoning Part of Lot 9, Registrar's Compiled Plan
2272, Part 1 Plan 21R-13462, Part 6, Plan 21R-
18537 and Part of Lot 10, Registrar's Compiled Plan
2272 being Part 3 on draft Reference Plan dated
January 14, 2021, in the Geographic Township of
Herschel from the Limited Service Residential (LSR)
Zone to the Special Limited Service Residential-107
(LSR-107) Zone.
Bylaw No.
Date
Description
2021-035
June 2, 2021
Rezoning Part of Lots 3 and 4, Concession 2, being
Part 1, Reference Plan 21R-25331, in the
Geographic Township of Herschel from the Open
Space (OS) Zone to the Rural Industrial (RI) Zone;
and Part of Lots 3 and 4, Concession 2, being Parts
3 and 4, Reference Plan 21R-25331, in the
Geographic Township of Herschel, from the Open
Space (OS) Zone to the Urban Industrial (UI) Zone.
2021-050
August 18, 2021
Rezoning Part of Lots 6 and 7, Concession 10, as in
QR631502, except the Easement therein; subject to
Easement in Gross as in HT63262, together with
Easement over Parts 1 and 2, Plan 21R-22863 as in
HT63360, together with Easement over Part 3, Plan
21R-22863 as in HT63361, except for Parts 1, 2, 3,
5, 6, 7, 8 and 9, on Plan 21R-22863, in the
Municipality of Hastings Highlands, formerly the
Geographic Township of McClure, from the Limited
Service Residential Zone to the Special Limited
Service Residential-108 (LSR-108-h) - 108 Holding
Zone. The Holding provision may be removed when
a Development Agreement and appropriate
servicing plan has been designed and approved by
the necessary approval authority(ies). The
Environmental Protection (EP) Zone will remain in
the Environmental Protection (EP) Zone. *Holding
Provision removed by Bylaw 2023-010.
2021-057
October 6, 2021
Rezoning Part of Lots 13 and 14, Concession 9 and
Part 1 on 21R-15583, in the Geographic Township
of Monteagle, from the Marginal Agriculture (MA)
Zone to the Limited Service Residential (LSR) Zone.
2021-059
October 6, 2021
Rezoning Part of Lot 4, Concession 10, in the
Geographic Township of Herschel, from the Waste
Disposal (WD) to the Special Marginal Agriculture -
110 (MA-110) Zone.
Bylaw No.
Date
Description
2021-058
December 1, 2021
Rezoning Part of Lots 17 and 18, Concession 9,
being Part 1 on Plan 21R-_____ in the Geographic
Township of Monteagle from the Marginal
Agriculture (MA) Zone to the Special Rural
Residential - 109 (RR-109) Zone.
2021-090
December 1, 2021
Rezoning Part of Lot 2, Concession 15, being Part 1
on Reference Plan 21R-25980, in the Geographic
Township of Herschel from the Rural Residential
(RR) Zone to the Special Rural Residential - 112
(RR-112) Zone.
2021-094
December 1, 2021
Rezoning Part of Lots 2 and 3, Concession 15,
except Part 1 on Plan 21R-25980, in the Geographic
Township of Herschel from the Marginal Agriculture
(MA) Zone to the Special Marginal Agriculture - 113
(MA-113) Zone.
2022-004
May 4, 2022
Administrative Amendments to conform with the
general policies of the Official Plan.
2022-005
May 4, 2023
Administrative Amendment to increase vegetative
buffer from 15 metres to 30 metres, to permit
exception area in this vegetative buffer. Appealed to
the Ontario Land Tribunal (OLT) File No. OLT-22-
003939. The OLT orders that appeal is allowed in
part to include a definition of the vegetative buffer
and provide for the maintenance of the vegetative
buffer. In all other respects, the OLT dismissed the
appeal.
2022-024
April 6, 2022
Part of Lot 15, Concession 4, being Part 1 on Plan
21R-26077, in the Geographic Township of
Herschel, be rezoned from the Marginal Agriculture
(MA) Zone to the Rural Residential (RR) Zone.
2022-023
June 1, 2022
Part of Lot 31, Concession 13, being Part 2 on Plan
21R-26152, in the Geographic Township of
Monteagle, as shown on Schedule 1 attached
hereto, from the Marginal Agriculture (MA) Zone to
the Rural Residential (RR) Zone. The lands zoned
Environmental Protection (EP) shall remain in the
Environmental Protection (EP) Zone.
Bylaw No.
Date
Description
2022-034
June 1, 2022
Part of Lot 20, Concession 9, being Part 1 on
Reference Plan 21R-26101, in the Geographic
Township of Bangor, from the Marginal Agriculture
(MA) Zone to the Special Rural Residential-116
(RR-116) Zone to recognize the reduction in
Minimum Distance Separation (MDS) setback from
the barn located at 48 Hoares Road to the eastern
boundary of Part 1, being 163 metres and to
recognize the reduced lot area from the Marginal
Agriculture (MA) Zone to the Rural Residential (RR)
Zone.
2022-047
July 20, 2022
Lot 23, Concession 13, in the Geographic Township
of Monteagle, from the Marginal Agriculture (MA)
Zone and Mineral Extractive (MX) Zone to the
Special Marginal Agriculture (MA-117-h) - 117
Holding Zone. The Holding provision may be
removed when a Development Agreement that
recognizes the proximity of the proposal to an active
pit and extractive reserve and that Development
Agreement has been registered on title. *Holding
Provision removed by Bylaw 2023-063.
2022-044
September 7, 2022
Part of Lot 11, Concession 4, being Part 1 on Plan
21R-23712, in the Geographic Township of
Herschel, from the Marginal Agriculture (MA) Zone
to the Limited Service Residential (LSR) Zone. The
change of zone category is to recognize access to
the property is via an unmaintained road.
2022-056
September 7, 2022
Part of Lot 25, Concession 7, in the Geographic
Township of Bangor, from the Rural Residential
(RR) Zone to the Community Facility (CF) Zone to
recognize the use of this land.
2023-006
January 18, 2023
Part of Lot 26, Concession 7, in the Geographic
Township of Bangor, as shown on the Schedule
attached hereto be rezoned from the Marginal
Agriculture (MA) Zone to the Rural Residential (RR)
Zone to correct the zone due to the size of the
property.
Bylaw No.
Date
Description
2023-011
February 1, 2023
Administrative Amendment to reduce the setback for
accessory buildings from the front lot line and
exterior side lot line to 10 metres (32.8 feet) in the
Marginal Agriculture (MA), Rural Residential (RR),
and Waterfront Residential (WR) Zones.
2023-012
February 1, 2023
Administrative Amendment to increase the
maximum building height for accessory buildings to
11 metres (36.1 feet) in the Marginal Agriculture
(MA), Rural Residential (RR), and Residential First
Density (R1).
2023-017
November 1, 2023
Part of Lot 24, Concession 8, Part 1 on 21R-26097,
in the Geographic Township of Bangor rezoned from
Marginal Agriculture (MA) Zone to the Special Rural
Residential - 121 - Holding (RR-121-h) Zone. The
Holding provision may be removed when the
requirements contained in Section 5.4 of the Zoning
bylaw has been satisfied, and a drainage plan has
been submitted to the satisfaction of the
Municipality.
2023-018
November 1, 2023
Part of Lot 24, Concession 8, Part 2 on 21R-26097,
in the Geographic Township of Bangor rezoned from
the Marginal Agriculture (MA) Zone to the Special
Rural Residential - 123 - Holding (RR-123-h) Zone.
The Holding provision may be removed when the
requirements contained in Section 5.4 of the Zoning
bylaw has been satisfied; a drainage plan has been
submitted to the satisfaction of the Municipality; and
a development agreement between the land owner
and the Municipality implementing the
recommendations of the drainage plan has been
registered on title.
2023-043
April 5, 2023
Part of Lot 13, Concession 10, being Parts 1, 2, 3, 5,
6 and 7, Plan 21R-26381, in the Geographic
Township of Monteagle rezoned from the Limited
Service Residential (LSR) to the Special Limited
Service Residential (LSR-118).
Bylaw No.
Date
Description
2023-045
June 28, 2023
Part of Lots 18 and 19, Concession 4, Part 1, on
Reference Plan 21R-22081, in the Geographic
Township of Herschel rezoned from the
Recreational/Resort Commercial (RRC) Zone to the
Special Waterfront Residential (WR-119) Zone.
2023-048
May 3, 2023
Part of Lot 11, Concession 14, being Part 1, Plan
21R-26341, in the Geographic Township of
Monteagle be rezoned from the Marginal Agriculture
(MA) to the Special Marginal Agriculture - 120 (MA-
120) Zone
2023-059
June 28, 2023
Part of Lot 12, Concession 11, being Parts 1 to 4,
Plan 21R-26141, in the Geographic Township of
Herschel from the Marginal Agriculture (MA) Zone to
the Rural Residential (RR) Zone
2023-061
June 28, 2023
Part of Lots 22 to 24, Concessions 11 and 12, save
and except Parts 2, 3 and 4 on Plan 21R-15406, in
the Geographic Township of Monteagle from the
Marginal Agriculture (MA) Zone to the Special
Marginal Agriculture - 122 (MA-122) Zone
2023-091
December 6, 2023
Part of Lot 10, Concession 16, being Part 3, Plan
21R-26516, in the Geographic Township of
Monteagle, now in the Municipality of Hastings
Highlands, be rezoned from the Marginal Agriculture
(MA) Zone to the Rural Residential (RR) Zone.
2023-092
December 6, 2023
Part of Lot 10, Concession 16, being Part 2, Plan
21R-26516, in the Geographic Township of
Monteagle, now in the Municipality of Hastings
Highlands, from the Marginal Agriculture (MA) Zone
to the Rural Residential (RR) Zone.
2023-106
December 6, 2023
Part of Lot 22, Concession 7, in the Geographic
Township of Bangor, now in the Municipality of
Hastings Highlands, from the Marginal Agriculture
(MA) Zone to the Special Marginal Agriculture - 124
(MA-124) Zone.
Bylaw No.
Date
Description
2023-108
December 6, 2023
Part of Lot 11, Concession 8, being Part 1 on 21R-
15298, in the Geographic Township of Monteagle,
now in the Municipality of Hastings Highlands, from
the Special Rural Industrial (RI-43) Zone to the
Special Rural Residential - 125 (RR-125) Zone.
The Municipality of Hastings Highlands
Comprehensive Zoning By-Law 2004-035
Prepared by:
AINLEY GRAHAM & ASSOCIATES
LIMITED CONSULTING ENGINEERS
AND PLANNERS 45 SOUTH FRONT
STREET
BELLEVILLE,
ONTARIO K8N 2Y5
NOVEMBER 18, 2003
PASSED AUGUST 11, 2004
FILE NO.: 21528-1
THE MUNICIPALITY OF HASTINGS HIGHLANDS
COMPREHENSIVE ZONING BY-LAW 2004-035
T A B L E O F C O N T E N T S
Page
SECTION 1 - PURPOSE ..................................................................................... 1
SECTION 2 - TITLE ............................................................................................. 1
SECTION 3 - DEFINITIONS ................................................................................ 2
SECTION 4 - ADMINISTRATION ........................................................................ 27
4.1
ZONING ADMINISTRATION ......................................................... 27
4.2
ISSUANCE OF BUILDING PERMITS .............................................. 27
4.3
APPLICATIONS FOR BUILDING PERMITS .................................... 27
4.4
INSPECTION OF LAND OR BUILDINGS ......................................... 28
4.5
VIOLATIONS AND PENALTIES ...................................................... 28
4.6
OCCUPATION OF BUILDINGS ....................................................... 28
4.7
CERTIFICATE OF CONVERSION ................................................... 28
4.8
VALIDITY, EFFECTIVE DATE AND EXISTING BY-LAWS ................ 29
SECTION 5 - GENERAL PROVISIONS ............................................................... 29
5.1
APPLICATION ................................................................................ 29
5.2
INTERPRETATION ...................................................................... 29
5.3
ZONES ........................................................................................... 30
5.4
HOLDING ZONES ........................................................................... 31
5.5
PROHIBITIONS .............................................................................. 32
5.6
PLANNED WIDTH OF ROAD .......................................................... 33
5.7
ENVIRONMENTAL PROTECTION (EP) AND ENVIRONMENTAL
PROTECTION WETLAND (EPW) ZONES ....................................... 34
5.8
ENVIRONMENTALLY SENSITIVE LANDS...................................35
5.9
LANDS ADJACENT TO WATERBODIES, WATERCOURSES,
EMBANKMENTS, FLOODPLAINS AND ENVIRONMENTALLY
SENSITIVE LAND....................................................................35
5.10
NON-CONFORMING USES.......................................................36
5.11
NON-COMPLIANCE OF EXISTING USES ...................................... 37
5.12
REPLACEMENT OF BUILDINGS OR STRUCTURES ..................... 37
5.13
EXISTING UNDERSIZED LOTS ...................................................... 38
5.14
YARD ENCROACHMENTS PERMITTED ........................................ 38
5.15
LANDS SEVERED BY PUBLIC UTILITY LINES ................................ 39
5.16
TEMPORARY USES ....................................................................... 39
5.17
PUBLIC USES AND UTILITIES AND COMMUNITY FACILITIES ....... 39
5.18
MULTIPLE USES ON ONE LOT ........................................................ 40
5.19
DWELLING OR DWELLING UNIT AS AN ACCESSORY USE IN A
NON-RESIDENTIAL SETTING ........................................................ 40
5.20
PROHIBITED USES ........................................................................ 41
5.21
OBNOXIOUS USES ........................................................................ 41
5.22
SPECIAL OCCASION USES ........................................................... 41
5.23
TRUCK, BUS AND COACH BODIES..........................................42
5.24
SWIMMING POOLS.................................................................42
5.25
ACCESSORY BUILDINGS........................................................42
5.26
FRONTAGE ON A STREET .......................................................... .43
5.27
RESIDENTIAL EXTERIOR SIDE YARDS ....................................... 43
5.28
SIGHT TRIANGLES ....................................................................... 43
5.29
HOME OCCUPATIONS ............................................................... 43
5.30
HOME INDUSTRY ......................................................................... 44
5.31
OFF STREET PARKING PROVISION ............................................ 45
5.32
LOADING SPACE REQUIREMENTS ........................................... 49
5.33
GARDEN SUITES .......................................................................... 50
5.34
AREAS OF INFLUENCE ................................................................ 51
5.35
AGRICULTURE - MINIMUM DISTANCE SEPARATION ................. 51
5.36
SECONDARY FARM OCCUPATION .............................................. 51
5.37
WATERTAKING PERMITS ............................................................. 52
5.38
OPEN STORAGE ........................................................................ 52
5.39
EXTERNAL DESIGN ...................................................................... 52
5.40
HEIGHT EXCEPTIONS ............................................................... 52
5.41
ABANDONED EQUIPMENT ........................................................... 52
5.42
STORAGE AND PARKING OF MOTOR VEHICLES AND TRACTOR
TRAILER TRUCKS ..................................................................... 53
5.43
INTERIOR SIDE YARD - MARINE FACILITIES AND COMMUNAL
DOCKS .......................................................................................... 53
5.44
TRAVEL TRAILERS, MOTORIZED MOBILE HOMES/RECREATIONAL
VEHICLES, CAMPER TRAILERS, TRUCK CAMPERS ................. 53
5.45
MODULAR HOMES ....................................................................... 54
5.46
FENCES ........................................................................................ 54
5.47
KENNELS ...................................................................................... 54
5.48
LIMITED SERVICE RESIDENTIAL DEVELOPMENT ..................... 55
5.49
MINIMUM GROSS FLOOR AREA IN A DWELLING UNIT .................55
5.50
SECOND DWELLING UNITS......................................................56
SECTION 6 - MA - MARGINAL AGRICULTURE ZONE ...................................... 57
SECTION 7 - RR - RURAL RESIDENTIAL ZONE ............................................... 60
SECTION 8 - LSR - LIMITED SERVICE RESIDENTIAL ZONE ............................ 61
SECTION 9 - LSRI - LIMITED SERVICE RESIDENTIAL ISLAND ZONE .............. 63
SECTION 10 - WR - WATERFRONT RESIDENTIAL ZONE ............................... 65
SECTION 11 - MHR - MOBILE HOME RESIDENTIAL ZONE ............................... 66
SECTION 12 - R1 - RESIDENTIAL FIRST DENSITY ZONE ................................ 67
SECTION 13 - R2 - RESIDENTIAL SECOND DENSITY ZONE ........................... 68
SECTION 14 - MR - MULTIPLE RESIDENTIAL ZONE ........................................ 71
SECTION 15 - UC - URBAN COMMERCIAL ZONE ............................................. 75
SECTION 16 - RC - RURAL COMMERCIAL ZONE ............................................. 77
SECTION 17 - RRC - RECREATIONAL/RESORT COMMERCIAL ZONE ........... 80
SECTION 18 - UI - URBAN INDUSTRIAL ZONE ................................................. 82
SECTION 19 - RI - RURAL INDUSTRIAL ZONE ................................................. 82
SECTION 20 - MX - MINERAL EXTRACTIVE ZONE ........................................... 83
SECTION 21 - M - MINING ZONE ...................................................................... 85
SECTION 22 - WD - WASTE DISPOSAL ZONE .................................................. 85
SECTION 23 - CF - COMMUNITY FACILITY ZONE ............................................ 87
SECTION 24 - OS - OPEN SPACE ZONE........................................................... 88
SECTION 25 - EPW - ENVIRONMENTAL PROTECTION WETLAND ZONE ....... 89
SECTION 26 - EP - ENVIRONMENTAL PROTECTION ZONE ............................ 90
SECTION 27 - SPECIAL EXCEPTION ZONES....................................................91
APPENDIX 1 - MIN. DISTANCE SEPARATION I
APPENDIX 2 - MIN. DISTANCE SEPARATION II
THE CORPORATION OF THE MUNICIPALITY OF HASTINGS HIGHLANDS
ZONING BY-LAW 2004-035
SECTION 1 - PURPOSE
This comprehensive Zoning By-law is intended to prohibit the use of land and the
erection or use of buildings or structures for or except for such purposes as set
down in this by-law; to prohibit the erection or use of buildings on land which is
subject to flooding, or on land by reason of its rocky, marshy or unstable character
the cost of construction of satisfactory waterworks, sewage, or drainage facilities is
prohibitive; to regulate the height, bulk, location, size, floor area, spacing, character
and use of buildings or structures; to regulate the minimum frontage and depth of a
parcel of land and the portion of the area thereof that any building or structure may
occupy; to require loading and parking facilities for buildings or structures
erected or used for certain purposes; to prohibit the making or establishment of pits
and quarries within defined areas and to regulate the making or establishment of pits
and quarries within defined areas of the Municipality.
SECTION 2 - TITLE
This By-law shall be cited as "Zoning By-law No. 2004-035" and shall apply to all
land included within the Municipality of Hastings Highlands as shown on the
attached Schedules.
BY-LAW 20-76 OF THE TOWNSHIP OF BANGOR, WICKLOW & MCCLURE AND
ALL AMENDMENTS HERETO ARE HEREBY REPEALED.
BY-LAW 310-79 OF THE TOWNSHIP OF HERSCHEL AND ALL
AMENDMENTS HERETO ARE HEREBY REPEALED.
BY-LAW 19-76 OF THE TOWNSHIP OF MONTEAGLE AND ALL
AMENDMENTS HERETO ARE HEREBY REPEALED.
READ A FIRST TIME THIS 11th DAY OF AUGUST 2003.
READ A SECOND TIME THIS 11th DAY OF AUGUST 2003.
READ A THIRD TIME AND FINALLY PASSED THIS 11th DAY OF AUGUST 2003.
Original Signed by: 'Mayor Donald C. BLOOM'
Original Signed by: 'CAO/Clerk Dawn HALCORW'
I hereby certify that the following is a true copy of By-law No. 2004-035 as enacted by
the Council of the Corporation of the Municipality of Hastings Highlands on the 11th day
of August 2003.
2
SECTION 3 - DEFINITIONS
For the purposes of this By-law, the definitions and interpretations in this Section
shall govern unless the context indicates otherwise. The word "shall" is mandatory
and not directory. Words used in the present tense include the future tense and the
reverse. Words used in the plural number include the singular number and the
reverse.
3.1
"ABANDONED" shall mean the failure to proceed expeditiously with the
construction of a work, specifically abeyance of construction for six months.
3.2
"ABATTOIR" shall mean a slaughter-house designed for the purpose of
killing animals, skinning, dressing and cutting up of carcasses, wrapping for
sale for human consumption with cooler and freezer storage and may
include indoor confinement of animals while awaiting slaughter but shall
not include the manufacturing of meat by-products or any process related to
rendering plants such as the manufacture of tallow, grease, glue, fertilizer, or
any other inedible product.
3.2.1 *"accessible parking" shall mean a parking space for accessible parking
permit holders:
a) Type A shall mean a parking space with signage designating the parking
space as "van accessible" designed to provide extra space for persons
with larger mobility devices, including but not limited to wheelchairs or
scooters, who need more space to enter or exit a vehicle.
b) Type B shall mean a parking space for persons who do not require
additional space for larger mobility devices. (added by Bylaw 2022-004)*
3.3
"ACCESSORY BUILDING" shall mean a detached building or structure, the
use of which is customarily incidental and subordinate to a principal use,
building or structure and located on the same lot therewith and includes, but is
not limited to, the following: sauna, boathouse, gazebo, pumphouse and deck,
detached private garage and detached carport.
3.4
"ACCESSORY USE" shall mean a use customarily incidental and
subordinate to, and exclusively devoted to the main use of the lot, building or
structure and located on the same lot as such main use.
3.5
"ADJACENT LANDS (WETLAND)" shall mean those lands within 120
metres (393.7 ft.) of an individual Environmental Protection Wetland Zone.
3
3.6
*"agriculture/agricultural use" shall mean the use of land, buildings or
structures for the purposes of the growing of field crops, flower
gardening, market gardening, berry crops, tree crops, nurseries,
aviaries, apiaries or farms for the grazing, breeding, raising, boarding of
livestock or any other similar uses carried on in the field of general
agriculture, including the sale of such produce, crops or livestock on
the same lot, but shall not include the cultivation or production of
cannabis. (amended by Bylaw 2022-004)*
3.7
"AGRICULTURE, INTENSIVE" shall mean lands which are used for the
purposes of accommodating livestock which either exceed 150 livestock units
or exceed 50 livestock units with a livestock density of greater than 5 livestock
units per tillable hectare.
3.8
"AGRICULTURAL PRODUCE SALES OUTLET" shall mean a seasonal use
accessory to a farm which consists of the retail sale of agricultural products
such as fruit, vegetables, flower or farm produce, the majority of which are
produced on the farm where such outlet is located.
3.8.1 *"agriculture-related use" shall mean 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 to farm operations
as a primary activity, but shall not include cannabis or a cannabis-related
use. (added by Bylaw 2022-004)*
3.8.2 *"air treatment control" shall mean the functional use of industrial grade
2.5 multi-stage carbon filtration system, or similar technology, to reduce
and/or treat the emission of pollen, dust, and odours expelled from a
facility and sized accordingly in comparison to the facility it serves as
designed by a qualified person. (added by Bylaw 2022-004)*
3.9
"ALTER" shall mean any alteration in a bearing wall or partition, column,
beam, girder or other supporting member of a building or structure or any
increase in the area or cubic contents of a building or structure. 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 public
highway or laneway, 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.
3.10
"AMUSEMENT ARCADE" shall mean a building or place of amusement
4
containing games of chance and/or skill, including pinball/video games and
billiards to be used by the general public for recreational purposes and
operated for a profit. This definition does not include an establishment, the
primary use of which is not an amusement arcade and in which not more than
3 such games of chance are located.
3.11
"ARENA" shall mean a building or structure constructed around an ice rink,
including spectator seating, two or more seating areas for visiting teams and
provisions made for storage and access of ice cleaning equipment and all
other required equipment used for the purpose of organized activities
including sports and other group functions.
3.11.1 *"arts and crafts shop" shall mean the use of land, buildings or
structures as a workplace of an artist or craftsmen for the creation,
finishing, refinishing or similar production of paintings, sculptures or
similar uses, and shall include a craft shop. An arts and craft shop
may also involve the sale of goods or materials produced or
manufactured on the premises. (added by Bylaw 2022-004)*
3.12
"ASSEMBLY HALL" shall mean a building, or part of a building, in which
facilities are provided for such purposes as meetings for civic, educational,
political, religious or social purposes and shall include a banquet hall, private
club or fraternal organization.
3.13
"ASSEMBLY OPERATION" shall mean the assembling of finished parts or
materials into a final product but shall not include any large-scale
manufacturing operation or any operation discharging large amounts of
liquids.
3.14
"AUCTION OUTLET" shall mean a building or part of a building where
goods, merchandise, substances, articles or things are sold at a public sale to
the person who bids or offers a higher price than any other is willing to pay.
5
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
3.15
*"AUTOMOBILE" shall mean any vehicle, including a motor vehicle,
propelled or driven otherwise by muscular power. (amended by Bylaw
2012-045)*
3.16
"AUTOMOBILE BODY SHOP" shall mean a building where automotive
cleaning, polishing, body repair and repainting is conducted but shall not
include any other automotive use.
3.17
"AUTOMOBILE SALES AGENCY (New and Used)" shall mean a building
and/or lot used for the display and sale of new and used automobiles and
may include the servicing, repair and repainting of automobiles, the leasing
or renting of utility or boat trailers and automobiles and the sale of
automotive accessories and related products, but shall not include any other
defined automotive use.
3.18
"AUTOMOBILE SERVICE STATION" shall mean a building or place
where gasoline, propane, natural gas, diesel, oil, grease, anti-freeze, tires,
tubes, tire accessories, spark plugs, batteries and other related items for
automobiles, trucks, motorcycles, and snowmobiles are stored or kept for
sale, or where such vehicles may be oiled, greased, washed or have their
ignitions or brakes adjusted, tires inflated, batteries charged or more
generally where repair or equipping of automobiles is executed or
performed. An automobile service station may operate on a self-serve basis.
3.19
"BASEMENT" shall mean that portion of a building or structure which is
partly underground and below the first floor and which has at least one half
of its clear height above the adjoining ground level.
3.20
"BASEMENT, WALKOUT" shall mean that portion of a building which is
partly underground, but which has more than 50% of the floor area not
greater than 0 . 5 metres below grade, and which has an entrance and exit
at grade level.
3.21
"BED AND BREAKFAST ESTABLISHMENT" shall mean a single detached
dwelling containing not more than 4 guest rooms used or maintained for the
short-term accommodation of the public, in which the owner or head lessee
supplies, for hire or gain, lodgings with or without meals for 4 or more persons
but does not include other establishments otherwise defined or classified
herein.
3.22
"BOARDING OR ROOMING HOUSE" shall mean a dwelling in which
long-term lodging with or without meals is supplied for gain to not more
than 4 guest rooms but does not mean or include a motel, hotel, hospital
6
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
or similar commercial, community facility or institutional use, an apartment
building or a bed and breakfast establishment.
3.23
*"BOATHOUSE, PRIVATE" shall mean a detached one level accessory
building or structure which is designed or used for the sheltering of a
boat, watercraft, or other form of water transportation located on a lot
with access and frontage on a water body and must include an
opening/openings of appropriate size to accommodate boat(s) and
have a means of accessing the water, either by direct water access or
by mechanical means with a maximum of 55.74 sq. m (600 sq. ft.). A
maximum of one (1) boathouse may be permitted on each lot. A
boathouse shall be a maximum width of 25% of the shoreline frontage
up to a maximum width of 15 m (49.2 ft.). A flat roof boathouse will be
allowed with an increased side yard setback of 6 m (19.68 ft.). The
height restriction of 4.5 m (14.8 ft.) shall include any guards or railings
surrounding the flat roof deck of a boathouse and shall be measured
from the top of the floor deck of the boathouse. A boathouse shall not
contain any sleeping, cooking facilities, septic or water hook ups.
(amended by Bylaw 2016-048)*
3.23.1 *"BREWERY/MICRO-BREWERY" shall mean premises or part thereof
wherein craft beers are produced for retail sale and may include a self-
service brewing of beer or the making of wine as the principal or
accessory use. Accessory uses may include the sale of bottles and
brewing or wine making equipment. (added by Bylaw 2014-083)*
3.24
*"BUILDING (when used as a noun)" shall mean any structure whether
temporary or permanent, used or built for the shelter, accommodation
or enclosure of persons, animals, materials, or equipment. Any tent,
awning, bin, silo, vessel or vehicle used for any of the said purposes,
or any dock, shall be deemed a building. (amended by Bylaw 2012-
045)*
3.25
"BUILDING HEIGHT" shall mean the vertical distance between the
established grade and:
i)
the highest point of a flat roof;
ii)
the deck line of a mansard roof;
iii)
the mean height between the eaves and ridges of a
gabled or hip roof; but exclusive of:
iv)
a roof or penthouse structure accommodating an elevator, staircase,
7
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
tank, ventilating fan or other similar equipment; a smokestack; barn;
silo; communications tower; drive-in theatre screen; or other utilitarian
structure which does not provide habitable living space.
3.26
"BUILDING SUPPLY OUTLET" shall mean an establishment involved in
the storage, display and sales of building supplies including lumber,
millwork, siding, roofing, plumbing, electrical, heating, air conditioning and
similar items.
3.27
"BUILDING, PRINCIPAL" shall mean a building or structure in which the
primary use is conducted.
3.28
"BULK STORAGE YARD" shall mean a place where land is used for the
storage in the open of goods and materials, machinery, petroleum products
and/or equipment, but does not include the storage of such items as would
require approval under the Health Promotion and Protection Act, as
amended, nor does it include a salvage yard as defined by this by-law.
3.29
"BUSINESS, ADMINISTRATIVE OR PROFESSIONAL OFFICE" shall
mean any building or part of a building in which one or more persons are
employed in the management or direction of any agency, business,
brokerage, labour or fraternal organization and shall include offices for
doctors, dentists, optometrists, chiropractors, drugless practitioners,
barristers, solicitors, engineers, architects, land surveyors or accountants
and for any purpose incidental thereto the administrative office or offices of a
non-profit organization or a business, administrative or professional office or
offices.
3.30
"BY-LAW ENFORCEMENT OFFICER" shall mean the officer or employee
of the Municipality appointed by the Corporation with the duty of
administering and enforcing the provisions of all municipal by-laws.
3.31
*"CABIN, SLEEPING/BUNKIE" shall mean an accessory and
subordinate detached building or structure with a maximum of 29.7 sq.
m (320 sq. ft.) designed as sleeping accommodation, to permit the
better or more convenient enjoyment of the principal seasonal
residential dwelling. In no case shall the definition of a sleeping cabin
be deemed to include a premise for the temporary accommodation of
members of the public for a fee. In the case of a sleeping cabin to be
located on a lot which is at least two times the minimum lot frontage
and lot area required by this By-law, a maximum of 55.7 sq. m (600 sq.
ft.) may be permitted. Shall not be a self-sufficient accommodation.
(amended by Bylaw 2010-012)*
8
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
3.32
"CABIN, TOURIST" shall mean a detached building for the sleeping
accommodation of guests in which sanitary facilities may be provided but
shall not contain any facilities for the preparation or cooking of food.
3.33
"CAMP, CHARITABLE" shall mean a seasonal camp operated by a
charitable corporation approved under the Charitable Institutions Act.
3.34
*"CAMPER TRAILER" shall mean any vehicle in which the assembly
can be erected, while stationary, using the trailer body and related
components for support and utilized for temporary living, shelter and
sleeping accommodation with or without cooking facilities, which is
collapsible and compact while being drawn by an automobile.
(amended by Bylaw 2011-031)*
3.35
"CAMPING ESTABLISHMENT" shall mean a tourist establishment
consisting of at least five
(5) camping lots and comprising land used or maintained as grounds for the
camping or temporary parking of travel trailers, motorized mobile homes,
recreational vehicles, truck campers, camper trailers or tents but does not
include parks or camping grounds maintained by any ministry or department of
the Government of Ontario or Canada or any Crown corporation, commission
or board.
3.35.1 *"cannabis" shall mean a genus of flowering plants in the family
Cannabaceae. Synonyms include but are not limited to marijuana and
marihuana. This definition does not include the industrial or agricultural
production of hemp where hemp is a source of foodstuffs, fiber, and
biofuel. (added by Bylaw 2022-004)*
3.35.2 *"cannabis production and processing facility" shall mean lands,
buildings or structures used for producing, processing, testing,
destroying, packaging, and/or shipping of cannabis authorized by an
issued license or registration by the federal Minister of Health pursuant to
the Cannabis Regulations, the Controlled Drugs and Substances Act, or
any applicable legislation or successors thereto. This use does not
include the retail sale or dispensing of cannabis. (added by Bylaw 2022-
004)*
3.36
"CARPORT" shall mean a building or structure of which is used for the
parking or storage of private passenger automobiles or commercial vehicles
of less than one tonne capacity and wherein neither servicing nor repairing
of automobiles is carried on for remuneration.
9
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
3.37
"CAR WASH" shall mean a building or structure for the operation of
automobile washing.
3.38
"CAR WASH, AUTOMATIC" shall mean a car wash where the labour is not
supplied by the patron.
3.39
"CAR WASH, COIN OPERATED" shall mean a car wash where the patron
supplies the labour.
3.40
"CARTAGE OR EXPRESS TRUCK TERMINAL" shall mean a building,
structure or place where trucks or tractor trailers are rented, leased, kept for
hire, or stored or parked for remuneration, or from which trucks or
transports, stored or parked on the property, are dispatched for hire as
common carriers, and which may include a warehouse.
3.41
"CELLAR" shall mean the portion of a building or structure which is partly
underground and below the first floor and which has at least one half of its
clear height below the adjoining ground level.
3.42
"CERTIFICATE OF OCCUPANCY" shall mean a certificate issued by the
Chief Building Official for the occupancy of any land, building or structure,
residential, commercial or industrial purposes to the effect that the
proposed use or activity complies with this By-law.
3.43
"CHIEF BUILDING OFFICIAL" shall mean the officer or employee of the
Municipality and appointed by the Corporation with the duty of administering
the provisions of the Ontario Building Code, Building By-law and Zoning
By-law.
3.44
"CEMETERY" shall mean a cemetery or columbarium within the meaning
of the Cemetery Act, as amended.
3.45
"CHURCH" shall mean a building which may include a church hall,
auditorium, Sunday school, convent, monastery or other related uses,
dedicated to public worship by a recognized religion that is:
i)
charitable according to the laws of Ontario and/or Canada;
ii)
organized for the conduct of religious worship; and
iii)
permanently established both as to the continuity of its existence and
as to its religious beliefs and practices.
3.46
"CLINIC" shall mean a building or part thereof used by qualified medical
practitioners, dentists, osteopaths, or drugless practitioners, numbering
more than two for public or private medical, surgical, physiotherapeutic or
other human health purposes, but does not include a private or public
10
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
hospital.
3.47
"CLUB" see "PRIVATE CLUB" and "COMMERCIAL CLUB".
3.48
"COMMERCIAL" shall mean the use of land, buildings or structures for the
purpose of buying and selling commodities and supplying services as
distinguished from such uses as the manufacturing or assembling of goods,
warehousing, transport terminals, construction and other similar uses.
3.49
"COMMERCIAL CLUB" shall mean a building or part of a building where a
club is operated for gain or profit and may include facilities for physical
fitness and recreation.
3.50
"COMMERCIAL VEHICLE" shall mean any automobile having
permanently attached thereto a truck or delivery body and includes
ambulances, hearses, fire apparatus, police patrols, motor busses including
school busses and tractor trailers used for hauling purposes on the highway.
3.51
"CONSERVATION/CONSERVATION USES" shall mean the
preservation, protection, improvement and use of land and/or water for the
purpose of planned management of these natural resources.
3.52
"COMMUNITY CENTRE" shall mean any tract of land, building or buildings
used for community activities whether used for commercial purposes or not,
the control of which is operated under the Community Centres Act, as
amended from time to time.
3.53
"CONTRACTOR'S YARD" shall mean a place where land is used for the
storage in the open, of goods and materials, machinery and/or equipment
normally utilized by the construction industry and may include the repair of
machinery, but does not include the storage of such items as would require
approval under the Health Promotion and Protection Act, R.S.O. 1980,
Chapter 400, as amended, nor does it include a salvage yard as defined by
this by-law nor equipment or materials used for blasting.
3.54
"CONVERTED DWELLING" see "DWELLING, CONVERTED".
3.55
"CORNER LOT" see "LOT, CORNER".
3.56
"CORPORATION" shall mean the Corporation of the Municipality of
Hastings Highlands.
3.57
"COTTAGE, HOUSEKEEPING" shall mean a temporary dwelling unit in a
tourist establishment designed for human habitation and equipped with a
11
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
kitchen and having a water supply in common with the other buildings in a
group, should the cottage be part of a group of similar cottages.
3.58
"COUNCIL" shall mean the Municipal Council of the Municipality of Hastings
Highlands.
3.59
"CRAFT SHOP" shall mean a building or structure where manufacturing is
performed by tradesmen or craftsmen requiring manual or mechanical
skills and may include a carpenter's shop, a locksmith's shop, a
gunsmith's shop, a tinsmith's shop, a potter's shop, a jeweller's shop, a
sculptor's studio or similar uses. A craft shop may also involve the sale of
goods or materials manufactured on the premises.
3.60
"DAY NURSERY" shall mean a facility operated for pre-school age children
within the meaning of The Day Nurseries Act, as amended.
3.61
"DECK" shall mean a horizontal surface supported on piers, free of any roof
or other covering and which may be surrounded by a railing, the height of
which is governed by the Ontario Building Code.
3.62
"DEER YARD" shall mean any area where deer concentrate in the winter
months.
3.63
"DERELICT VEHICLE" shall mean a motor vehicle, whether intact or
operable, which:
i)
is not currently licensed or is not exempt from licencing for
operation on a highway under the provisions of the Highway Traffic
Act; and
ii)
has not been moved under its own power during any period of 21
consecutive days; and
iii)
is not located in an enclosed building or other location so as not to be
visible from any adjacent lands which are not occupied by the owner
of the vehicle, but shall not include an automobile which is kept for
sale or repair upon premises which are lawfully used hereunder for an
automobile body shop, automobile service station or an automobile
sales agency.
3.64
"DEVELOPMENT" shall mean the construction, erection, or placing of a
building or structure of any kind or the making of an addition or alteration to
a building or structure that has the effect of increasing the size or usability
thereof, and includes such related activities as site grading and the placing
or dumping of fill and/or any other operations that disrupt the natural
environment in, on, over or under land or water.
12
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
3.65
"DOCK" shall mean a structure built at or anchored to the shore at which
boats or other floating vessels are berthed or secured to and which may
provide a foundation for a boathouse.
3.66
"DOCK, COMMUNAL" shall mean any dock owned and/or used by more
than one interest.
3.67
"DRY CLEANING SHOP" see "LAUNDRY AND DRY-CLEANING SHOP".
3.68
"DRIVE-IN RESTAURANT" see "RESTAURANT, DRIVE-IN".
3.69
"DRIVEWAY" shall mean an area of land which provides vehicular access
from the travelled portion of a street to a parking aisle.
3.70
"DRY INDUSTRY" shall mean an industry which does not require the
excessive use of water or other fluids in an industrial process.
3.71
"DUPLEX" see "DWELLING, DUPLEX".
3.72
"DWELLING" shall mean a building or structure or part of a building or
structure occupied and capable of being occupied for human habitation, and
includes a building that would be or could be intended to be used for such
purpose except for its state of disrepair and shall include any mobile dwelling
unit.
3.73
"DWELLING, ACCESSORY" shall mean a single detached dwelling which
is accessory to a permitted non-residential use, located on the same lot
therein and is occupied by either the owner or the person employed on the
lot where such dwelling is located.
3.74
"DWELLING UNIT" shall mean a suite of two or more rooms, designed or
intended for use by one or more persons, in which sanitary conveniences
are provided, in which facilities are provided for cooking, or the installation
of cooking equipment, in which a heating system is provided and containing
a private entrance from outside the building or from a common hall or
stairway inside.
3.75
"DWELLING UNIT, ACCESSORY" shall mean a dwelling unit which is part
of and accessory to a permitted non-residential building other than an
automobile service station or commercial garage. Such dwelling unit shall be
occupied by the owner of the non-residential building or by a person
employed on the lot where such dwelling unit is located.
13
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
3.76
"DWELLING, CONVERTED" shall mean a dwelling erected prior to
passing of this By-law altered to contain not more than two (2) dwelling
units.
3.77
"DWELLING, DUPLEX" shall mean a building that is divided horizontally
into two (2) dwelling units, each of which has an independent entrance
either directly or through a common vestibule.
3.78
"DWELLING, MULTIPLE" shall mean a separate building containing three
(3) or more dwelling units which are horizontally and/or vertically attached
with masonry walls and which have separate private entrances from the
exterior of the building or from a common hallway.
3.79
"DWELLING, SENIOR CITIZEN MULTIPLE" shall mean any multiple
dwelling for senior citizens sponsored and administered by any public
agency or any service club, church or non-profit organization, either of which
obtains its financing from Federal, Provincial or Municipal governments, or
by public subscription or donation, or by any combination thereof, and such
multiple dwellings shall include auxiliary uses such as club and lounge
facilities, usually associated with senior citizens' development.
3.80
"DWELLING, SEASONAL" shall mean a detached building constructed
and used as a secondary place of residence for seasonal vacations and
recreational purposes and not as the principal residence of the owner or
occupant thereof.
3.81
"DWELLING, SEMI-DETACHED" shall mean a separate building
containing two (2) single dwelling units separated vertically by a common
wall, each unit having separate entrance and exit facilities.
3.82
"DWELLING, SINGLE DETACHED" shall mean a separate building
designed and intended to be occupied as a single housekeeping unit.
3.83
"DWELLING UNIT, BACHELOR" shall mean a dwelling unit consisting of
one (1) bathroom and not more than two (2) habitable rooms providing
therein living, dining, sleeping and kitchen accommodation in appropriate
individual or combination room or rooms.
3.84
"EATING ESTABLISHMENT" shall mean a building or part of a building
where food is prepared and/or cooked for sale to the public, and includes a
restaurant, a drive-in restaurant, a take-out restaurant, a snack bar, a dairy
bar, coffee shop, dining room, café, ice cream parlour, banquet hall, tea or
lunch room or refreshment stand wagon but does not include a boarding or
14
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
rooming house or a chip wagon or chip truck.
3.85
"ELDERLY PERSONS' CENTRE" shall mean any facility intended
primarily for the use of elderly persons for purposes which include social,
cultural, athletic or recreational activities, and shall include any centre
established under the Elderly Persons Centres Act, as amended.
3.86
*"ENVIRONMENTAL IMPACT STATEMENT (EIS)" shall mean a study
prepared in accordance with established procedures, as outlined in
Section 7.8.6 of the County of Hastings Official Plan. (amended by
Bylaw 2022-004)*
3.87
"EQUIPMENT SALES/RENTAL AND REPAIR ESTABLISHMENT" shall
mean a building or part of a building, structure or yard in which articles,
machinery and equipment, including heavy machinery are offered for rent
and may be serviced or repaired, and may be offered or kept for rent,
lease or hire under agreement for compensation.
3.88
"ERECT" when used in this By-law includes construction, reconstruction,
and relocation of buildings and structures, and without limiting the generality
of the work, also includes:
i)
any preliminary physical operation such as excavating, filling,
regrading or draining;
ii)
altering any existing building or structure by adding, enlarging,
extending, remodelling, renovating, moving, demolishing, or
effecting other structural changes;
iii)
any work for the doing of which a building permit is required under
the Building By-law of the Corporation; and
iv)
erect, erected or erection shall have a corresponding meaning.
3.89
"ESTABLISHED BUILDING LINE" shall mean the average setback of the
existing buildings. A building line is considered to be established when at
least three (3) buildings have been erected on any one side of a continuous
300 metres (984.3 ft.) of land with street frontage.
3.90
"ESTABLISHED GRADE" shall mean the average elevation of the ground
level or sidewalk adjoining the front wall of the building or structure.
3.91
"EXISTING" unless otherwise described, shall mean existing as of the date
of the passing of this By-law.
3.92
"EXTERIOR SIDE LOT LINE" see "LOT LINE, EXTERIOR SIDE".
15
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
3.93
"EXTERIOR SIDE YARD" see "YARD, SIDE".
3.94
"FARM IMPLEMENT AND SUPPLY DEALER" shall mean an
establishment for the repair and/or sale of agricultural implements including
the sale of fuel, lubricants and related items for agricultural equipment on
the same premises.
3.95
"FARM PRODUCE OUTLET" shall mean a use accessory to a permitted
farm which consists of the retail sale of agricultural products.
3.96
"FACTORY OUTLET" shall mean a building or part of a building in which
the wholesale sale of products to the general public is carried on. The outlet
may or may not be in the factory in which the goods were produced nor must
the outlet be located on the same property in which the factory is located.
3.97
"FLEA MARKET" shall mean a building or part of a building 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 establishment otherwise
defined or classified herein.
3.98
*"FLOOD PLAIN" shall mean for river, stream and small island lake
systems, the area, usually lowlands, adjoining a watercourse which
has been, or may be subject to flooding hazards. (amended by Bylaw
2022-004)*
3.99
"FLOOR AREA, GROSS" shall mean the total floor area of all the storeys
of a building and shall include the floor area of any apartment or areas
common to the tenants, which floor areas are measured between exterior
faces of the exterior walls of the building at each floor level, but excluding
car parking areas within the building and any finished or unfinished
basement or cellar. For the purpose of this definition, the walls of an inner
court are and shall be deemed to be exterior walls.
3.100 "FLOOR, GROUND" shall mean the lowest storey of a building,
approximately at or first above the finished grade level.
3.100.1 *"forestry - bio-economy" shall mean a renewable and sustainably
sourced biomass resources such as trees, agricultural crops and organic
residuals from harvesting and timber processing used to provide a
greater range of consumer and industrial products to society. (added by
Bylaw 2022-022).*
16
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
3.101 "FLOOR AREA, GROUND" shall mean the floor area of the lowest storey
of a building, approximately at or first above the finished grade level, of
which the 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 any finished or unfinished basement or cellar. For the purpose
of this paragraph, the walls of an inner court are and shall be deemed to be
exterior walls.
3.102 "FOOD MARKET" shall mean a building or part of a building wherein food
and other household items are kept for sale at retail to the general public and
which operates on a self-service, cash and carry basis.
3.103 "FORESTRY/FORESTRY USES" shall mean the management,
development, cultivation and harvesting of timber resources to ensure the
continuous production of wood or wood products, provision of proper
environmental conditions for wildlife, protection against floods and erosion,
protection and production of water supplies, and preservation of the
recreation resource.
3.104 "FOUNDATION" shall mean a system or arrangement of structural
members including footings, rafts or piles through which the loads from a
building are transferred to supporting soil or rock.
3.105 "FRONT LOT LINE" see "LOT LINE, FRONT".
3.106 "FRONT YARD" see "YARD, FRONT".
3.107 "FUEL STORAGE TANK" shall mean a tank for the bulk storage of
petroleum, gasoline, fuel, oil, gas or flammable liquid or fluid but does not
include a container for flammable liquid or fluid legally and properly kept in a
retail store or a tank for storage merely incidental to some other use of
the premises where such tank is located.
3.108 "FUNERAL HOME" shall mean a building, or a portion of a building,
designed for the purpose of furnishing funeral supplies and services to the
public and includes facilities intended for the preparation of the dead human
body for interment or cremation.
3.109 "GARAGE, COMMERCIAL" shall mean a building, structure or lot where
commercial motor vehicles are stored or where vehicles are repaired or
maintained.
3.110 "GARAGE, PRIVATE" shall mean a separate building or a part of the
17
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
principal building used for the parking or storage of private passenger motor
vehicles or commercial vehicles of less than one tonne capacity and
wherein neither servicing nor repairing is carried on for remuneration.
3.111 "GARAGE, PUBLIC" see "AUTOMOBILE SERVICE STATION".
3.112 *"GARDEN SUITE" shall mean an accessory one-unit detached
residential structure containing a bathroom and kitchen facilities that
is ancillary to an existing residential structure and that is designed to
be portable. Under no circumstances shall a garden suite be defined to
include a single wide or double wide mobile home, a motorized mobile
home, a travel trailer, tent trailer or trailer otherwise designed.
(amended by Bylaw 2022-004)*
3.113 "GAS BAR" shall mean one or more pump islands, each consisting of one
(1) or more gasoline pumps and shelter having a floor area of not more
than 9.3 sq m. (100 sq ft.), excluding washrooms, which shall not be used
for the sale of any product other than liquids and small accessories
required for the operation of motor vehicles and shall not be used for repairs,
oil changes or greasing, but this definition shall not include a kiosk on a
pump island.
3.114 "GASOLINE PUMP ISLAND" shall mean a structure which is an accessory
use intended to provide gasoline for vehicles.
3.115 "GAZEBO" shall mean a freestanding, roofed accessory structure which is
not enclosed, except for screening or glass and which is utilized for the
purposes of relaxation in conjunction with a residential dwelling but shall not
include any other use or activity otherwise defined or classified in this By-
law.
3.116 "GIFT SHOP" shall mean a building or part of a building where crafts,
souvenirs, gifts or similar items are offered or kept for sale at retail to the
general public but shall not include any other establishment otherwise
defined or classified in this By-law.
3.117 "GOLF COURSE" shall mean a public or private area operated for the
purpose of playing golf and includes a par 3 or larger golf course, a
miniature golf course and driving range.
3.118 "GREENHOUSE" shall mean a building for the growing of plants,
shrubs, trees and similar vegetation which are primarily intended to be
transplanted outdoors, but shall not include cannabis or a cannabis-
18
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
related use. (amended by Bylaw 2022-004)
3.119 *"GROUP HOME" shall mean a dwelling unit used to provide
supervised living accommodation as per the requirements of its
residents, licensed or funded under the Province of Ontario or
Government of Canada legislation, for a maximum of 10 persons,
exclusive of staff, living together in a single housekeeping unit, but
excludes correctional facilities and shelters. (amended by Bylaw 2022-
004)*
3.120 "HEALTH SPA" shall mean a building or buildings and associated land,
facilities and accessory buildings and uses which provide for the physical
and emotional treatment of the human body.
3.121 "HEREAFTER" shall mean after the date of the passing of this By-law.
3.122 "HEREIN" shall mean in this By-law and shall not be limited to any section
of this By-law.
3.123 "HIGH WATER MARK" shall mean the mark made by the action of water
under natural conditions on the shore or bank of a body of water, which
action has been so common and usual and so long continued that it has
created a difference between the character of the vegetation or soil on one
side of the mark and the character of the vegetation or soil on the other
side of the mark.
3.124 "HOME INDUSTRY" shall mean an industry which is clearly incidental or
secondary to the residential use of a single detached dwelling and is
conducted either entirely within a single dwelling or in an accessory building
to a single dwelling, by an inhabitant thereof. Such industries shall include a
veterinary hospital or clinic, a woodworking shop, a welding shop, a machine
or automobile body shop, a small engine repair shop, a blacksmith shop or
similar use.
3.125 *"HOME OCCUPATION" shall mean a use which is clearly incidental or
secondary to the residential use of a dwelling and is conducted entirely
within such a dwelling by an inhabitant thereof and shall not use more
than 30% of the gross floor area of the dwelling. Such uses may
include, but are not limited to, arts and crafts shop, an outlet or office
for a real estate agent, a hairdresser, dressmaker, dentist, doctor,
chiropractor, physiotherapist, licensed massage therapist or
osteopath or other professional, or a bed and breakfast establishment.
19
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
(amended by Bylaw 2022-004)*
3.126 "HOSPITAL, PRIVATE" shall mean a hospital as defined by the Public
Hospitals Act, as amended from time to time.
3.127 "HOSPITAL, PUBLIC" shall mean a hospital as defined by the Public
Hospitals Act, as amended from time to time.
3.128 "HOTEL" shall mean a building or structure used for the purpose of catering
to the needs of the travelling public by supplying sleeping accommodations,
and may or may not include food and refreshments and which may include
permanent staff accommodation and may or may not be licenced under the
Liquor Licence Act.
3.129 "HUNT CAMP" shall mean a base camp for recreational activities such as
hunting which provides seasonal or temporary accommodation only, in a
remote location where municipal or community services are usually not
available and shall not mean a dwelling unit or a commercial facility and
shall not be used for habitation on a permanent basis.
3.126.1 *"hydrogeological study" shall mean a study prepared in accordance
with Section 7.8.9 of the County of Hastings Official Plan. (added by Bylaw
2022-004)*
3.130 "INTENSIVE AGRICULTURE" see "AGRICULTURE, INTENSIVE"
3.131 "INTERIOR SIDE YARD" see "YARD, SIDE"
3.132 "KENNEL" shall mean a building or structure where dogs, cats or other
domestic household pets are kept, boarded and/or bred, but shall not apply
to the keeping of animals in a veterinary establishment for the purpose of
observation and/or recovery necessary to veterinary treatment and shall
contain no more than 12 dogs over the age of four (4) months and in which
enclosed outside runs shall be permitted.
3.133 "LANE" shall mean a thoroughfare or way, which affords only a secondary
means of access to abutting property.
3.134 "LANDSCAPED" shall mean an area not built upon and not used for any
purpose other than as a landscaped area and which shall include at least a
hedgerow of hardy shrubs or similar type of vegetation not less than 0.3
metres (1 ft.) in height at the time of planting and which, when fully grown,
will reach a height of not less than 2 metres (6.6 ft.), extending the full length
20
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
of the landscaped area and be maintained in a healthy growing condition. A
landscaped area does not include driveways, parking spaces or parking
aisles.
3.135 "LAUNDRY AND DRY CLEANING SHOP" shall mean a building or part
of a building used for the purpose of receiving articles or goods of fabric to
be subjected to a commercial process of laundering, dry cleaning, dry
dyeing or cleaning elsewhere and for the pressing and distribution of any
such articles or goods which have been subjected to any such process and
shall include self- service laundry and/or self-service dry cleaning
establishments.
3.136 "LIVESTOCK" shall mean poultry, turkeys, cattle, hogs, horses, mink,
rabbits, sheep, goats, fur bearing animals, or any other domesticated animal
used for consumption.
3.137 "LIVESTOCK FACILITY" shall mean a farm unit which includes the raising
or keeping of livestock as defined herein.
3.138 "LOADING SPACE" shall mean an unencumbered area of land which is
provided and maintained upon the same lot or lots upon which the principal
use is located and which area:
i)
is provided for the temporary parking of one (1) commercial motor
vehicle while merchandise or materials are being loaded or unloaded
from such vehicle, and such parking shall not be for the purpose of
sale or display;
ii)
is suitable for the temporary parking of one (1) commercial motor
vehicle;
iii)
is not upon or partly upon any street, lane or alley; and
iv)
has adequate access to permit ingress and egress of a commercial
motor vehicle from a street by means of driveways, aisles,
manoeuvring areas or similar areas, no part of which shall be used for
the temporary parking or storage of one or more motor vehicles.
3.139 "LODGE" shall mean an establishment catering to the vacationing public by
providing meals and sleeping accommodation to at least five (5) guests in
rooms or cabins but shall not include any establishment otherwise defined
herein.
3.140 "LOGGING" shall mean the removal or cutting of merchantable timber
either by strip or clear or total cutting operations but does not include the
21
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
selective harvesting of mature timber nor does it include the clearing of land
incidental to putting the land into a condition necessary for the bonafide
exercise of a use specifically permitted herein and selective harvesting as
used herein means the harvesting of mature timber while causing a
minimum of damage to adjacent growth in accordance with good forestry
practice.
3.141 "LOT" shall mean a parcel of land, the boundaries of which are defined in
the last registered instrument by which legal or equitable title to the said
parcel was lawfully and effectively conveyed or which is a whole lot as
shown on a Registered Plan of Subdivision subject to the provisions of the
Planning Act.
3.142 "LOT AREA" shall mean the total horizontal area within the lot line of a lot,
and in the case of a corner lot having street lines rounding at the corner
with a radius of 6.0 metres (19.7 ft.) or less, the lot area of such lot is to be
calculated as if the lot lines were projected to their point of intersection.
3.143 "LOT, CORNER" shall mean a lot situated at the intersection of two or more
streets or private roads, having an angle of intersection of not more than 135
degrees. The front lot line on a corner lot is deemed to be either lot line
abutting the street.
3.144 "LOT COVERAGE" shall mean that percentage of the lot area covered by
all buildings or structures but excluding any part of a building or structure
which is constructed entirely below grade. For the purposes of calculating
lot coverage, the lot coverage of each zone shall be deemed to apply only to
that portion of such lot that is located within the said zone.
3.145 "LOT DEPTH" shall mean the horizontal distance between the midpoints of
the front and rear lot lines, and where there is no rear lot line, lot depth
means the length of a line within the lot between the midpoint of the front lot
line and the most distant point of the apex(es) of a triangle formed by the
side lot lines.
3.146 "LOT FRONTAGE" shall mean the horizontal distance between the side
lot lines measured along the front lot line, but where the front lot line is not
a straight line or where the side lot lines are not parallel, the lot frontage is
to be measured 9.0 metres (29.5 ft.) back from the front lot line 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.
3.147 "LOT, INTERIOR" shall mean a lot other than a corner lot.
22
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
3.148 "LOT LINE" shall mean any boundary of a lot.
3.149 "LOT LINE, EXTERIOR SIDE" shall mean the longer of the lot lines of a
corner lot which abuts a street.
3.150 "LOT LINE, FRONT" shall mean, in the case of an interior lot, the line
dividing the lot from the street. In the case of a corner lot, the shorter lot line
abutting a street shall be deemed the front lot line and the longer lot line
abutting a street shall be deemed an exterior side lot line. In the case of a
through lot, the lot line where the principal access to the lot is provided shall
be deemed to be the front lot line. In the case of a lot fronting only on a
navigable waterway, the highwater mark of the navigable waterway shall be
deemed to be the front lot line. In the case of a lot fronting on a navigable
waterway and on a street, the lot line abutting the street shall be deemed
the front lot line. In the case of a lot fronting on a private road only, the line
abutting the private road shall be deemed to be the front lot line.
3.151 "LOT LINE, REAR" shall mean the lot line farthest from and opposite to the
front lot line and where the side lot lines converge at the rear of the lot to
form a triangular shaped parcel of land, the rear lot line shall mean the apex
of the triangle formed by the side lot lines. Furthermore, where the rear lot
line is situated adjacent to a body of water, such lot line shall be the line
formed by the highwater mark of a body of water.
3.152 "LOT LINE, SIDE" shall mean any lot line other than the rear or front lot
line.
3.153 "LOT, THROUGH" shall mean a lot bounded on two opposite sides by
streets provided however that if any lot qualifies as being both a corner lot
and a through lot as herein defined, such lot shall be deemed a corner lot for
the purpose of this By-law.
3.154 "LUMBER YARD" shall mean an area where finished and unfinished
lumber is stored but does not include an establishment or area otherwise
defined in this by-law.
3.155 "LUMBER MILL" see "SAW AND/OR PLANING MILL"
3.156 "MANUFACTURING OR PROCESSING PLANT" shall mean a plant in
which the process of producing a product suitable for use by hand and/or
mechanical power and machinery is carried on systematically with division
of labour.
23
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
*(deleted by Bylaw 2018-062)*
3.157 "MARINA, PUBLIC/PRIVATE" shall mean a building or structure with
access to a body of water, where boats and boat accessories are berthed,
stored, serviced, repaired or kept for sale and where facilities for the sale of
marine fuels and lubricants may be provided.
3.158 *"MARINE/SNOWMOBILE DEALER" shall mean any building or structure
used for the purpose of supplying, selling and storing boats, snowmobiles
and marine products, all-terrain vehicles (A.T.V.'s) and small engine
equipment, and may include repair facilities for the purpose of repairing
those items either sold by or related to the products supplied by the
dealer. (amended by Bylaw 2012-066)*
3.159 "MARINE FACILITY" shall mean an accessory building or structure which
is used to take a boat into or out of a waterbody to moor, berth or store a
boat and includes a boat launching ramp, boat lift, pumping station, dock
or boathouse and a water pumphouse but shall not include any building
used for human habitation or any boat service, repair or sales facility and
shall comply with the minimum side yard requirements of the respective
zone.
3.160 "MARKET GARDEN" shall mean the use of land for the intensive
commercial cultivation of vegetables, fruits or flowers.
3.161 "MERCHANDISE SERVICE SHOP" shall mean a building or part of a
building, whether connected with a retail shop or not, in which persons are
employed in furnishing the repair or servicing of articles, machines, goods
or materials as opposed to the manufacture of same. Merchandise service
shops include such establishments as small engine repair of such items as
lawn mowers, chainsaws and snowmobiles.
3.157.1 *"mineral aggregate resources" shall mean gravel, sand, clay, earth,
shale, stone, 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. (added by Bylaw 2022-004)*
3.162 *"MINIMUM DISTANCE SEPARATION" shall mean a separation
requirement in accordance with the Minimum Distance Separation
(MDS) Formulae and Implementation Guidelines, as amended from
24
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
time to time, as defined by the Provincial Policy Statement (PPS)
and administered by the Ontario Ministry of Agriculture, Food and
Rural Affairs:
i)
Minimum Distance Separation I provide minimum
distance separation for new or expanding development
from existing livestock facilities.
ii)
Minimum Distance Separation II provides minimum
distance separation for new or expanding livestock
facilities from existing or approved development.
(amended by Bylaw 2022-004)*
3.163 "MODULAR/MOBILE HOME" shall mean a factory built, detached
structural unit designed to be and capable of being transported after
fabrication, on its own chassis and wheel system, to a lot, and which
is suitable for year round occupancy in similar fashion as a
dwelling unit, except for minor and incidental unpacking and
assembly operations, placement on defined supporting structures
and connections to utilities.
3.164 "MOTEL" shall mean an establishment which consists of one or more
than one building containing more than one rental unit for the purpose of
catering to the travelling public, to whom the automobile is the principal
means of transportation, by furnishing sleeping accommodations with or
without meals and which may include permanent staff accommodation and
may or may not be licenced under the Liquor Licence Act.
3.165 "MOTORIZED ALL TERRAIN VEHICLE (A.T.V.)" shall mean a motorized
recreational vehicle used for off road recreational purposes.
3.166 *"MOTORIZED MOBILE HOME/RECREATIONAL VEHICLE" shall mean
any motor vehicle so constructed as to be a self-contained, self-
propelled unit capable of being utilized for the living, sleeping or eating
accommodation of persons. (amended by Bylaw 2011-031)*
3.167 "MOTORIZED SNOW VEHICLE" shall mean a motorized snow vehicle
within the meaning of The Motorized Snow Vehicle Act.
3.168 "MULTIPLE DWELLING" see "DWELLING, MULTIPLE".
3.169 "MUNICIPAL/PUBLIC UTILITIES YARD" shall mean a lot which may
include a building or structure and also associated storage structures used
for the storage, maintenance or repair of equipment, machinery or motor
25
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
vehicles used in connection with civil works and shall include a public works
yard.
3.170 "MUNICIPALITY" shall mean the Corporation of the Municipality of Hastings
Highlands.
3.171 "NON-COMPLYING USE" shall mean a permitted land use, building or
structure existing at the date of the passing of this By-law which does not
fulfil the requirements of the zone provisions (e.g. yard setbacks) for the
zone within which it is located, but which may continue to be used or exist,
provided there is no change in that use (e.g. enlargement of the structure).
3.172 "NON-CONFORMING USE" shall mean a lawful and specific use, building,
structure or land existing at the date of the passing of this By-law which does
not fulfil the requirements of the use provisions for the zone in which it is
located, but which may continue to be used for such purposes or
activities, provided there is no change in that use.
3.173 "NUISANCE" shall mean any condition existing that is or may become
injurious or dangerous to health or that prevents or hinders or may prevent
or hinder in any manner the suppression of a disease.
3.174 *"NURSERY/GARDEN CENTRE/GREENHOUSE" shall mean, excluding
cannabis or a cannabis-related use:
i)
a place where young trees or other plants are grown for
transplanting or for sale and may also include the sale of
related accessory supplies.
ii)
land used for the growing of sod, flowers, bushes, trees or other
gardening, landscaping or orchard stock for wholesale or retail
sale.
iii)
a building or structure, and lands associated therewith, for the
growing of flowers, fruits, vegetables, plants, shrubs, trees or
similar vegetation together with gardening tools and implements
which are sold at retail from such building or lot to the general
public. (amended by Bylaw 2022-004)*
3.175 "NURSERY SCHOOL" shall mean a day nursery within the meaning of the
Day Nurseries Act, as amended from time to time, and shall include a day
care centre.
26
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
3.176 "NURSING HOME" shall mean:
i)
a building in which the proprietor supplies for hire or gain, lodging with
or without meals and, in addition, provides nursing, medical or similar
care and treatment, if required, and includes a rest home, or
convalescent home, and any other establishment required to operate
under the appropriate statute.
ii)
any premises in which persons are cared for, lodged, either by a
charitable institution within the meaning of the appropriate statute or
for hire, where, in addition to sleeping accommodation and meals,
personal care, nursing services or medical care and treatment are
provided or made available, but shall not include a Maternity boarding
house. For the purpose of this definition, 'personal care' means
personal services such as the provision of aid to residents in walking
or climbing or descending stairs, in getting in or out of bed, in feeding,
dressing, bathing or in other matters of personal hygiene, and
includes the preparation of special diets, the provision of tray service
for meals, the supervision of medication and other similar types of
personal assistance and 'resident' means a person who is cared for
or lodged for hire in such premises.
3.177 "OPEN SPACE/OPEN SPACE USES" shall mean the open, unobstructed
space on a lot, including the open, unobstructed space accessible to all
occupants of any residential or commercial building or structure, which is
suitable and used for the growth of grass, flowers, bushes and other
vegetation and may include any surface pedestrian walk, patio, pool, or
similar area, but does not include any driveway, ramp or parking spaces,
parking aisles, loading spaces, vehicular manoeuvring areas or similar
areas.
3.178 "OPEN STORAGE" see "OUTDOOR STORAGE"
3.179 "ORNAMENTAL STRUCTURE" shall mean any ornamental fountain,
statue, monument, cenotaph or other memorial or decorative structure not
being part of or accessory to any other structure.
3.180 "OUTDOOR FURNACE" shall mean a building or structure that is used to
provide heat or heated water to the main building on a lot but is separate
from the main building on the lot.
3.181 "OUTSIDE STORAGE" shall mean an accessory storage area outside of
the principal or main building on the lot.
27
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
3.182 "PARK, PRIVATE" shall mean a park other than a public park.
3.183 "PARK, PUBLIC" shall mean a recreational area owned or controlled by
the Corporation or by any Board, Commission or other Authority
established under any statute of the Province of Ontario or Government of
Canada.
3.184 "PARKING AISLE" shall mean an area of land which abuts and provides
direct vehicular access to one or more parking spaces.
3.185 "PARKING ANGLE" shall mean the angle, equal to or less than a right
angle, formed by the intersection of the side of the parking space and line
parallel to the aisle.
3.186 "PARKING AREA" shall mean an area of land which is provided and
maintained upon the same lot or lots upon which the principal use is located
or upon a privately owned lot situated within 60 metres (196.9 ft.) of the said
lot and which areas comprise all parking spaces of at least the minimum
number required according to the provisions of this By-law, and all
driveways, aisles, vehicular manoeuvring areas, entrances, exits and similar
areas used for the purpose of gaining access to or egress from the said
parking spaces.
3.187 "PARKING LOT" shall mean any parking area other than a parking area
accessory to a permitted use.
3.188 "PARKING SPACE" shall mean an area of land having a width of not less
than 2.7 metres (8.9 ft.) and a length of not less than 6 metres (19.69 ft.),
exclusive of aisles or any other land used for access or vehicular
manoeuvring, for the temporary parking of one motor vehicle. A parking
space may be located in the open or within a private garage, carport,
building or other covered area and shall have adequate access to permit
ingress and egress of a motor vehicle from a street by means of driveways,
aisles or similar areas.
3.189 "PERSON(S)" shall mean any human being, association, firm, partnership,
private club, incorporated company, corporation, agent, or trustee and the
heirs, executors, or other legal representatives of a person to whom the
context can apply according to law.
3.190 "PERSONAL SERVICE SHOP" shall mean a building or part of a building
in which persons are employed in furnishing services and otherwise
28
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
administering to the individual and personal needs of persons. Personal
service shops include such establishments as barber shops, hairdressing
salons, shoe repair and shoeshine shops and depots for collecting dry-
cleaning and laundry.
3.191 "PIT" shall mean land or land under water from which unconsolidated
aggregate is being or has been excavated, and that has not been
rehabilitated, but does not mean land or land under water excavated for a
building or other work on the excavation site or in relation to which an order
has been made under the Aggregate Resources Act.
3.192 "PLANTING SCREEN" shall mean a continuous hedgerow of evergreen
trees or shrubs, not less than 1.6 metres in height, immediately adjacent to
the lot line or portion thereof along which such planting screen is required
herein.
3.187.1 *"portable asphalt plant" shall mean a facility:
i) 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
ii) which is not of permanent construction, but which is to be
dismantled at the completion of the construction project. (added by
Bylaw 2022-004)*
3.188.1 *"portable concrete plant" shall mean a building or structure:
i) 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
ii) which is not of permanent construction, but which is designed to be
dismantled at the completion of the construction project. (added by
Bylaw 2022-004)*
3.193 "PORTABLE CANTEEN" shall mean a vehicular and mobile facility where
light meals and drink are prepared and served to the public and which does
not necessarily provide for consumption thereof on the premises and shall
include a chip truck or chip wagon.
3.194 "PRINTING/PUBLISHING ESTABLISHMENT" shall mean a building or
29
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
part of a building in which the business of producing books, newspapers or
periodicals by mechanical means and reproducing techniques such as photo
copying is carried on and may include the sale of newspapers, books,
magazines, periodicals or the like to the general public.
3.195 "PRIVATE CLUB" shall mean a building or part of a building used as a
meeting place for members sharing a common interest and includes a
fraternal lodge or organization and a labour union hall. Such private clubs
shall not be operated for profit.
3.196 "PRIVATE GARAGE" see "GARAGE, PRIVATE".
3.197 "PRIVATE PARK" see "PARK, PRIVATE".
3.198 "PRIVATE ROAD" shall mean a street other than a "Street" as defined in
this By-law.
3.199 *"PROVINCIALLY SIGNIFICANT WETLANDS" shall any wetland that
is subsequently evaluated and determined by the Ontario Ministry of
Natural Resources and Forestry in accordance with the Provincial
Policy Statement (PPS), as amended from time to time. (amended by
Bylaw 2022-004)*
3.200 "PUBLIC USE" shall mean the Corporation of the Municipality and any
Boards or Commissions thereof: any telecommunications company, any
company supplying natural gas to the Municipality, the electric authority, the
County of Hastings and any Department of the Government of Ontario
and Canada, or other similarly recognized agencies.
3.201 "PUBLIC GARAGE" see "GARAGE, PUBLIC".
3.202 "PUBLIC PARK" see "PARK, PUBLIC".
3.203 "QUARRY" shall mean land or land under water from which consolidated
aggregate is being or has been excavated and that has not been
rehabilitated, but does not mean land or land under water excavated for a
building or other work on the excavation site or in relation to which an order
has been made under the Aggregate Resources Act.
3.204 "RACEWAY" shall mean a track, viewing areas and accessory buildings for
the running of automobiles, recreational vehicles, snowmobiles,
motorcycles and similar motorized vehicles.
3.205 "REAR LOT LINE" see "LOT LINE, REAR".
3.206 "REAR YARD" see "YARD, REAR".
30
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
3.207 "RECREATIONAL USE" shall mean the use of land for parks, playgrounds,
tennis courts, lawn bowling greens, indoor and outdoor skating rinks, athletic
fields, golf courses, picnic areas, swimming pools, riding clubs, day camps,
community centres, snow skiing and all similar uses, together with
necessary and accessory buildings and structures, but does not include an
arcade or a track for the racing of animals, motor vehicles, snowmobiles or
motorcycles.
3.208 "RECREATIONAL USE, ACTIVE OUTDOOR" shall mean uses such as
golf courses, lawn bowling greens, tennis courts, outdoor skating rinks and
swimming pools, together with necessary and accessory buildings and
structures.
3.209 "RECREATIONAL USE, PASSIVE OUTDOOR" shall mean such uses as
hiking and ski trails, nature observation locations and open space as
opposed to (for example) tennis courts, golf courses and baseball
diamonds.
3.210 "RECREATIONAL ESTABLISHMENT, COMMERCIAL" shall mean a
building used or intended to be used for a theatre, bowling alley, curling rink,
swimming pool, billiard parlour, health club, athletic club or similar uses.
3.211 "RELIGIOUS INSTITUTION" shall mean buildings used as dwellings by
religious orders for their own members, such as a convent or monastery.
3.212 "RESEARCH FACILITY" shall mean a building or part of a building or an
area of open space in which investigation or inquiry for the purpose of
producing new information or products is carried on and shall be conducted
in accordance with the provisions of Sections 5.20 and 5.21 of this By-law.
3.213 "RESIDENTIAL" shall mean the use of land, buildings, or structures for
human habitation.
3.214 "RESTAURANT" shall mean a building or part of a building where food is
prepared and/or cooked and offered for sale or sold to the public and where
dining tables and table service are provided.
3.215 "RESTAURANT, DRIVE-IN" shall mean premises consisting of a building
or structure, together with a parking lot, where food is prepared and/or
cooked and offered for sale or sold to the public for consumption either in a
motor vehicle parked on the parking lot or for consumption on the
31
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
premises and where dining tables may be provided but table service is not
provided.
3.216 "RESTAURANT, TAKE-OUT" shall mean a building or part of a building
where food is prepared and/or cooked and offered for sale or sold to the
public and where neither dining tables nor table service are provided.
3.217 "RETAIL STORE" shall mean a building or part of a building where goods,
merchandise, substances, articles or things are offered for retail sale directly
to the general public and includes storage on the store premises of such
goods, merchandise, substances, articles or things sufficient only to
service such store.
3.218 "RETAIL STORE, CONVENIENCE" shall mean a retail store serving the
daily or occasional needs of the residents in the immediate area with a
variety of goods such as groceries, meats, beverages, dairy products,
patent medicines, sundries, tobacco, stationery, hardware, magazines and
newspapers.
3.219 "SALVAGE YARD" shall mean a fenced lot and/or land for the storage
and/or handling of scrap material, which without limiting the generality of the
foregoing, may include vehicles, tires, metal, used bicycles, waste paper
and/or other scrap material and salvage.
3.220 "SANITARY SEWER" shall mean a system of underground conduits,
operated either by the Corporation or by the Ministry of the Environment,
which carries sewage to a place of treatment which meets with the approval
of the Ministry of the Environment.
3.221 "SAUNA" shall mean an enclosed structure which does not exceed 10 sq.
metres (107.6 sq. ft.) in an area with an approved heating device to
produce steam.
3.222 "SAW AND/OR PLANING MILL" shall mean a building, structure or area
where timber is cut, sawed or planed, either to finished lumber or as an
intermediary step and may include facilities for the kiln drying and storage of
lumber and may or may not include the distribution of such products on a
wholesale or retail basis.
3.223 "SCHOOL" shall mean a public, separate, or high school under the
jurisdiction of the Board of Education or the Roman Catholic Separate
School Board, a private school, a continuation school, a technical school, a
vocational school, a college, a university or other educational institution,
32
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
but not a commercial school.
3.224 "SEASONAL RESIDENCE" see "DWELLING, SEASONAL".
3.225 "SEASONAL FARM WORKER" shall mean one (1) or more persons
employed as a farm worker for a period of less than 12 months in any one
(1) calendar year.
3.226 "SECONDARY FARM OCCUPATION" shall mean an operation conducted
by individuals residing on a farm property that is clearly secondary and
incidental to the principal use of farming on the subject property and is
intended to provide active farmers with a secondary or supplementary
means of income. The types
of uses permitted as secondary farm occupations shall be limited to those
involved in the manufacture or fabrication of goods (i.e. farm gates, hay bale
elevators, animal feeders), uses considered to be trade occupations (i.e.
electrician, plumber, carpenter, welder, mechanic), and those occupations
which are primarily and directly related to agriculture and farming.
3.227 "SELECTIVE CUTTING" shall mean the harvesting of mature timber
without causing undue damage to adjacent standing growth.
3.228 "SELF STORAGE BUILDING" shall mean a building (or part thereof)
containing individual doorways each accessing a fully enclosed room that is
used for storage of inactive and stable dry goods only.
3.229 "SEMI-DETACHED DWELLING" see "DWELLING, SEMI-DETACHED".
3.230 "SENIOR CITIZEN HOUSING" shall mean housing owned and operated by
the government to provide residential accommodation for senior citizens.
3.231 "SETBACK" shall mean the least horizontal dimension between the
centreline of a street allowance, measured at right angles to such centreline,
and the nearest part of any building, structure or excavation on the lot, or
the nearest open storage use on the lot.
3.232 "SHOPPING CENTRE" shall mean a group of commercial uses which has
been designed and developed as a unit by a single owner or group of
owners, as distinguished from a business area consisting of unrelated
individual commercial uses.
3.232.1 "site alteration" shall mean any change in land including, but not limited
to:
a) The placing or dumping of fill;
33
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
b) The removal of topsoil;
c) Placing, dumping, removal or blasting of rock;
d) Any other action that alters the grade of land including the
altering in any way of a natural drainage course on a site; or
e) Any combination of the above activities (added by Bylaw 2022-
005).
3.233 "SHORELINE" shall mean any lot line or portion thereof that abuts a
waterbody.
3.233.1 "steep and/or unstable slope" shall mean any change in elevation
resulting in a slope greater than 3:1 (horizontal:vertical) or greater than 18
degrees. (added by Bylaw 2022-005).
3.234 "SIDE LOT LINE" see "LOT LINE, SIDE".
3.235 "SIDE YARD" see "YARD, SIDE".
3.236 "SINGLE DETACHED DWELLING" see "DWELLING, SINGLE
DETACHED".
3.237 "SIGHT TRIANGLE" shall mean an area free of buildings or structures,
which area is determined by measuring from the point of intersection of
street lines on a corner lot or where a corner is rounded from the point at
which the extended street lines meet, the distance required by this By-law
along each such street line and joining such points with a straight line
thereby creating a triangular-shaped parcel of land. This triangular-shaped
parcel of land located between the intersecting street lines and the straight
line joining the points located the required distance along the street lines is
the sight triangle.
3.238 "SOLAR COLLECTOR" shall mean any structure subordinate to a principal
structure designed specifically for the collection of solar energy for
experimental or ornamental purposes or for the purposes of converting such
energy for heating, lighting, water production or any other domestic or
commercial use that may be obtained from such source. For the purposes of
this By-law, a solar collector shall be considered an accessory structure.
3.239 "STORMWATER MANAGEMENT" shall mean long-term and short-term
management of stormwater runoff quality and quantity which may require
the construction and installation of permanent stormwater facilities.
3.240 "STORMWATER MANAGEMENT FACILITIES" shall mean a designated
34
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
area or structural device that would control the quantity or quality or velocity
of stormwater runoff leaving a property to achieve specific objectives such
as reduce flooding and erosion, remove pollutants and provide other
amenities.
3.241 "STREET" shall mean a public highway as defined under the Highway
Traffic Act, as amended, from which access may be taken to an abutting lot
and which is dedicated, assumed and maintained by a Municipality, a
county, or the Province of Ontario. A street does not include an unopened
road allowance, a lane or an unassumed road on a Registered Plan which
has been deemed not to be a Registered Plan under the Planning Act.
3.242 "STREET LINE" shall mean the limit of the street allowance and is the
dividing line between a lot and a street.
3.243 *"STRUCTURE" shall mean anything constructed or erected, the use
of which requires location on the ground, and shall include a fence and
a dock. (amended by Bylaw 2012-045)*
3.244 "TAKE-OUT RESTAURANT" see "RESTAURANT, TAKE-OUT".
3.245 "TAVERN" shall mean "a tavern" as defined by the Liquor Licence Act, as
amended from time to time.
3.246 "TEA ROOM" shall mean a public room accommodating no more than 20
persons, where tea and light refreshments, but not complete meals, are
served for immediate consumption within the building. A tearoom does not
include premises licensed under the Liquor Licence Board of Ontario or any
other form of eating establishment as defined herein.
3.247 "TENT" shall mean every kind of temporary shelter for sleeping that is not
permanently affixed to the site and that is capable of being easily moved.
3.248 "THROUGH LOT" see "LOT, THROUGH".
3.249 "TOP OF BANK" (Slope) shall mean a point or line which is the beginning
of a significant change in the land surface, then from which the land surface
slopes downward. When two (2) or more slopes are located together, the
slope that is highest and farthest away from the top of the slope shall be the
slope considered for the top of bank.
3.250 "TOURIST ESTABLISHMENT" shall mean any premises operated to
provide sleeping accommodation for the travelling public or sleeping
35
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
accommodation for the use of the public engaging in recreational activities
and includes the services and facilities in connection with which sleeping
accommodation is provided, and without limiting the generality of the term,
also includes a tourist cabin and a housekeeping cottage as well as docks,
eating establishments and convenience stores but does not include:
i)
a camp operated by a charitable corporation approved under the
Charitable Institutions Act;
ii)
a summer camp within the meanings of the regulations under The
Health Promotion and Protection Act; or
iii)
a club owned by its members and operated without profit or gain.
3.251 "TRACTOR TRAILER TRUCK" shall mean a self-propelled motor vehicle
designed for the haulage of goods in an attached trailer but not for the
carriage of any load when operating independently.
3.252 *"TRAVEL TRAILER" shall mean any vehicle so constructed that it is
suitable for being attached to a motor vehicle for the purpose of being
drawn or propelled by the motor vehicle, notwithstanding that such
vehicle is jacked-up or that its running gear is removed, but not
including any vehicle unless it is used or intended for the temporary
living, sleeping or eating accommodation of persons therein, and shall
be deemed to include a tent, truck camper or camper trailer, and may
not be placed on a foundation. (amended by Bylaw 2011-031)*
3.253 "TRAVEL TRAILER PARK" shall mean a parcel of land maintained for the
temporary parking of tents or travel trailers on individual sites and shall be
subject to the provisions of this By-law.
3.254 "TRAVEL TRAILER SITE" shall mean an area of land within a travel trailer
park that is or is intended to be occupied by one tent or one trailer or similar
vehicle within the meaning of a trailer as defined above with adequate
access to a driveway or public street.
3.255 *"TRUCK CAMPER" shall mean any unit so constructed that it may be
attached upon a motor vehicle, as a separate unit, and capable of being
utilized for the temporary living, sleeping or eating accommodation of
persons. (amended by Bylaw 2011-031)*
3.256 "USE" shall mean the purpose for which any land, building or structure is
arranged, designed, or intended to be used, occupied or maintained.
36
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
3.257 "USE, ACCESSORY" shall mean a use customarily incidental and
subordinate to the principal use or building located on the same lot.
3.258 "UTILITIES" shall mean any agency, which under public franchise or
ownership, or under certificate of convenience and necessity provides the
public with electricity, gas, heat, steam, communication, rail
transportation, water sewage, collection or other similar service or any
regulated private enterprise with an exclusive franchise for providing a
public service.
3.258.1 "vegetative buffer" shall mean a natural area, adjacent to a shoreline,
maintained or re-established to its natural vegetated state. (added by
Order of Ontario Land Tribunal File No. OLT-22-003939 to Bylaw 2022-005).
3.259 "VETERINARY CLINIC" shall mean a building or part of a building 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 facilities
provided for the sheltering of animals during the treatment period.
3.260 "WAREHOUSE" shall mean a building or part of a building used for the
storage and distribution of goods, wares, merchandise, substances, articles
or things and may include facilities for a wholesale or retail commercial
outlet but shall not include a truck terminal.
3.261 "WASTE DISPOSAL SITE" shall mean any land or land covered by water
(such as in the case of a sewage lagoon) upon, into, in or through which a
building or structure in which waste, exclusive of liquid industrial waste, is
deposited or processed and any machinery or equipment or operation
required for the treatment or disposal of waste and shall include a sewage
treatment plant or sewage lagoon.
3.262 "WASTE MANAGEMENT SYSTEM" shall mean all facilities, equipment
and operations for the complete management of waste including the
collection, handling, transportation, storage, processing and disposal
thereof and may include one or more waste disposal sites.
3.263 "WATER FRONTAGE" shall mean all property abutting a water body
measured along the highwater mark.
3.264 "WATERBODY" shall mean any bay, lake, wetland, canal or natural
watercourse but excludes a drainage or irrigation channel.
3.265 "WATERBODY, NARROW" shall mean an area where the minimum
37
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
average distance from shoreline to shoreline is 150 m (492.1 ft.) for a lake
and 50 m (164.0 ft.) for a river.
3.266 "WATERCOURSE" shall mean any surface stream or river and includes a
natural channel for an intermittent stream and a municipal drain as defined
by "The Drainage Act", as amended.
3.267 "WAYSIDE PIT" shall mean:
i)
a temporary sand or gravel pit opened and used by a governmental
authority or authorized contractor for the purpose of a particular
public project such as road construction, or
ii)
a minor sand and gravel pit on a farm unit required only for the use of
that farm unit.
3.268 "WAYSIDE QUARRY" shall mean a temporary quarry opened and used by
a governmental authority or authorized contractor for the purpose of a
specific public project such as road construction.
3.269 "WETLANDS" shall mean 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 fens.
3.270 *"WIND TURBINE" A machine or device for converting the kinetic energy
in wind into electrical energy that is suitable for use. A wind turbine
includes a tower, housing, blades and related appurtenances, greater
than 3 kw or 16.6 m. in height. (Bylaw 2007-050)*
3.271 *"WIND TURBINE HEIGHT" The vertical distance between the average
finished grade and the highest point of the structure measured as the
aggregate total of the base, tower and the furthest reach of the blade,
when the blade is in a vertical position. (Bylaw 2007-050)*
3.272 "WOODLOT" shall mean a wooded area in which the majority of trees are
at least 10.2 centimetres (4.0 inches) in diameter.
3.273 "WORKSHOP" shall mean a building or structure where manufacturing is
performed by tradespeople requiring manual or mechanical skills and may
include a carpenter's shop, a woodworker's shop, a locksmith's shop, a
gunsmith's shop, a tinsmith's shop, an upholsterer's shop, a welder's shop
38
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
or similar uses.
3.274 "YARD" shall mean the space appurtenant to a building or structure on the
same lot, which is open, uncovered, and unoccupied except for such
accessory buildings, structures, or uses which are specifically permitted by
this By-law. In determining yard measurements, the minimum horizontal
distance from the respective lot lines shall be used.
3.275 "YARD, FRONT" shall mean the yard extending across the full width of the
lot between the front lot line of the lot and the nearest part of any buildings or
structures on the lot. The "minimum" front yard shall mean the distance
between the front lot line and the nearest wall of any principal or accessory
building on the lot, according to the context in which the term is used.
3.276 "YARD, REAR" shall mean the yard extending across the full width of the
lot between the rear lot line of the lot and the nearest part of any principal
building or structure on the lot. Where a rear yard is required for an
accessory building in this By-law then this definition shall apply except that
the words "accessory building" shall be substituted for "principal building".
The "minimum" rear yard shall mean the minimum distance between the
rear lot line and the nearest wall of any principal building or accessory
building on the lot, according to the context in which the term is used.
3.277 "YARD, SIDE" shall mean the yard extending from the front yard to the rear
yard between the side lot line and the nearest part of any building or
structure on the lot.
3.278 "YARD, INTERIOR SIDE" shall mean the side yard extending from the
front yard to the rear yard between the side lot line and the nearest part of
any building or structure on any lot and excluding any exterior side yard. The
"minimum" interior side yard shall mean the minimum distance between an
interior side lot line and the nearest wall of any principal or accessory
building on the lot, according to the context in which the term is used.
3.279 "YARD, EXTERIOR SIDE" shall mean the side yard of a corner lot in which
the side yard extends from the front yard to the rear yard between the side
street line and the nearest part of any building or structure on the corner lot.
The "minimum" exterior side yard shall mean the distance between the
exterior side lot line and the nearest wall of any principal or accessory building
on the lot, according to the context in which the term is used.
3.280 "ZONE" shall mean a designated area of land use shown on the Schedules of
this by-law.
39
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
40
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
SECTION 4 - ADMINISTRATION
4.1 ZONING ADMINISTRATION
This By-law shall be administered by a person appointed by the Council of
the Municipality as the Chief Building Official.
4.2 ISSUANCE OF BUILDING PERMITS
Where land is proposed to be used or a building or structure is proposed to be
erected or used in violation of this By-law, no permit or licence required
under any by-law of the Corporation for the use of the land or for the erection
or the use of the building or structure shall be issued.
4.3 APPLICATIONS FOR BUILDING PERMITS
In addition to the requirements of the Ontario Building Code, the Corporation's
Building By-law or any other by-law of the Corporation, every application for a
building permit shall be accompanied by plans (which depending upon the
nature and location of the work to be undertaken may be required, by the
Corporation, to be based upon an actual survey prepared by an Ontario
Land Surveyor) drawn to an appropriate scale and showing the following:
i)
the true shape and dimensions of the lot to be used or upon which it
is proposed to erect any building or structure;
ii)
the proposed location, height and dimensions of the building, structure
or work in respect of which the permit is being applied for;
iii)
the location of every building or structure already erected or partly
erected on such lot;
iv)
the proposed locations and dimensions of yards, landscaped open
spaces, parking areas, and loading spaces required by this By-law;
v)
proposed grading or change in elevation or contour of the land and
the proposed method for the disposal of storm and surface water from
the land and from any building or structures thereon;
vi)
a statement signed by the owner or his agent duly authorized
thereinto in writing, filed with the Chief Building Official, which
statement shall set forth in detail the intended use of each building
and structure or part thereof and giving all information necessary to
determine whether or not every such building or structure conforms
with the regulations of this By-law.
vii)
In addition to the above requirements, every application which
involves the installation, enlargement or reconstruction of a well or a
sewage disposal system shall be accompanied by:
41
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
a) in the case of a well, a well driller's report demonstrating a water
pumping capacity satisfactory to the Chief Building Official;
b) in the case of a well, a bacteriological analysis demonstrating a
potable water supply; and
c) in the case of a well and/or sewage disposal system, approval in
writing from the appropriate responsible authority for the proposed
well or method of sewage disposal.
viii)
In addition to the above, where lands lie within established fill or flood
lines, any building permit application in respect of such land shall be
accompanied by the written approval and technical recommendations
of the Conservation Authority or other authority having jurisdiction.
4.4 INSPECTION OF LAND OR BUILDINGS
Where the Chief Building Official has reason to believe that any person has
used land or used a building or structure contrary to this By-law, he/she, or an
employee of the Municipality authorized by him/her, may at any reasonable
hour, enter and inspect the land, building or structure.
4.5 VIOLATIONS AND PENALTIES
Any person who contravenes any provisions of the By-law is guilty of an
offence, and for the purposes of this By-law, each day that a breach of this
By-law continues shall constitute a separate offence and on summary, the
offender shall be liable to be fined under the provisions of the Provincial
Offences Act or other monetary penalty system.
The conviction of an offender upon the breach of any of the provisions of
this By-law shall not operate as a bar to a prosecution against the same
offender upon any continued or subsequent breach of any such provision
and any court of competent jurisdiction may convict any offender repeatedly
for repeated breaches of the By-law.
4.6 OCCUPATION OF BUILDINGS
Occupation of all new buildings and converted dwellings may require a
Certificate of Occupancy from the municipal Building Department in
accordance with the Ontario Building Code and any other municipal by- laws.
42
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
4.7 CERTIFICATE OF CONVERSION
Where a Certificate is for the conversion of a seasonal dwelling to a permanent
dwelling, the following additional regulations apply:
i)
a rezoning to a zone category deemed appropriate by the Municipality
shall be required;
ii)
the applicant shall prepare a site plan showing the location and size of
all existing and proposed buildings and structures and the location of
the existing or proposed sanitary sewage disposal system, as well;
iii)
the applicant shall comply with the regulations of the approving
agency with respect to sewage disposal for year-round occupancy;
iv)
the applicant has been issued a building permit in accordance with
the Ontario Building Code in effect at the time of the zone change;
v)
the applicant has satisfied the Municipality that the electrical system
has been inspected and approved by the appropriate authority;
vi)
the applicant shall submit a letter of compliance from a heating
contractor that the heating system is adequate for permanent year-
round occupancy; and
vii)
that the applicant has entered into an agreement with the Municipality
indicating that the Municipality will not be held responsible for road
maintenance, waste collection, insulation value or structural
deficiencies.
4.8
VALIDITY, EFFECTIVE DATE AND EXISTING BY-LAWS
4.8.1 Validity
If any section, clause or provision of this By-law, including anything
contained on the Schedules attached hereto, is for any reason declared by a
court of competent jurisdiction to be invalid, the same shall not affect the
validity of this By-law as a whole or any part thereof other than the
section, clause, or provision so declared to be invalid and it is hereby
declared to be the intention that all the remaining sections, clauses or
provisions of this By-law shall remain in full force and take effect until
repealed, notwithstanding that one or more provisions thereof shall have
been declared to be invalid.
4.8.2 Effective Date
This By-law shall come into force and take effect upon being passed by the
43
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
Council of the Municipality.
4.8.3 Existing By-laws
All by-laws in force within the Corporation regulating the use of lands and the
character, location, bulk, height and use of buildings and structures are
amended insofar only as it is necessary to give effect to the provisions of this
By-law and the provisions of this By-law shall govern unless otherwise
specified.
4.8.4 Repeal of Existing Zoning By-law
By-law No. 20-76 as amended of the Township of Bangor; Wicklow &
McClure is hereby repealed.
By-law 310-79 as amended of the Township of Herschel is
hereby repealed.
By- law 19-76 of the Township of Monteagle is hereby
repealed.
SECTION 5 - GENERAL PROVISIONS
5.1
APPLICATION
This By-law shall apply to all lands within the Municipality and shall take effect
on the day it is enacted.
5.2
INTERPRETATION
Nothing in this By-law shall be construed to exempt any person from
complying with the requirement of any by-law of the Municipality or the
Corporation of the County of Hastings or from any law of the Province of
Ontario or Canada, or any regulations under the provisions of the
Conservation Authorities Act of a Conservation Authority having
jurisdiction or from any other law in force from time to time.
5.2.1 In this By-law, the word "shall" is mandatory.
44
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
5.3
ZONES
5.3.1
5.3.2 For the purpose of this By-law, the Municipality is divided into zones, the
boundaries of which are shown on the attached Schedules.
5.3.3 The attached Schedules are detailed maps for portions of the
Municipality.
5.3.4 The zones are referred to by the following names or symbols and are
identified on the attached Schedules by the following symbols:
ZONE
SYMBOL
PAGE NO.
MARGINAL AGRICULTURE ZONE
MA
59
RURAL RESIDENTIAL ZONE
RR
62
LIMITED SERVICE RESIDENTIAL ZONE
LSR
64
LTD SERVICE RESIDENTIAL ISLAND ZONE
LSRI
67
WATERFRONT RESIDENTIAL ZONE
WR
69
MOBILE HOME RESIDENTIAL ZONE
MHR
71
RESIDENTIAL FIRST DENSITY ZONE
R1
72
RESIDENTIAL SECOND DENSITY ZONE
R2
74
MULTIPLE RESIDENTIAL ZONE
MR
77
URBAN COMMERCIAL ZONE
UC
79
RURAL COMMERCIAL ZONE
RC
84
REC/RESORT COMMERCIAL ZONE
RRC
89
URBAN INDUSTRIAL ZONE
UI
94
RURAL INDUSTRIAL ZONE
RI
98
MINERAL EXTRACTIVE ZONE
MX
104
MINING ZONE
M
106
WASTE DISPOSAL ZONE
WD
107
COMMUNITY FACILITY ZONE
OPEN SPACE ZONE
ENVIRON PROTECTION WETLAND ZONE
ENVIRONMENTAL PROTECTION ZONE
CF
OS
EPW
EP
110
112
114
115
45
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
5.3.5 Where the boundary of any zone is uncertain, and the boundary is shown
following a street, lane, railway right-of-way, electric transmission line, right-
of-way or watercourse, then the centre line of the street, lane, railway right-of-
way, electric transmission line, right-of-way or watercourse is the zone
boundary.
5.3.6 Where the boundary line of a zone does not correspond to a property line, to
the centre line of a street, highway line, right-of-way or watercourse, the
location of said boundary line shall be scaled from the scale shown on the
attached Schedules.
5.3.7 Where the boundary of any zone is uncertain and notwithstanding the
provisions of this subsection, the dimensions contained in any amending by-
law shall apply.
5.3.8 Where the regulations of a zone include a requirement that the minimum yard
of a lot or parcel of land shall be a specific number of metres, such minimum
yard shall be determined by measuring at right angles from either the street
line of the public street or the lot line abutting such yard in the direction of
such lot or parcel of land a distance equal to the said specific number of
metres in the relevant regulation of such zone.
5.3.9 Subject to the provisions of Section 5.13, the minimum lot area shall be as
contained in the appropriate section of this By-law for the zone in which the
lot is located or such larger area as may be required by the appropriate
authority pursuant to the provisions of the Health Promotion and
Protection Act.
5.3.10 Zones cited using a generic term (and lowercase letter) refer to the
following:
i)
a rural zone: includes Marginal Agriculture;
ii)
a residential zone: includes Rural Residential, Limited Service
Residential, Limited Service Residential Island, Waterfront
Residential, Mobile Home Residential, Residential First Density,
Residential Second Density, Multiple Residential;
iii)
a commercial zone includes: Urban Commercial, Rural
Commercial, Recreational/Resort Commercial; or
iv)
an industrial zone includes: Urban Industrial, Rural Industrial.
46
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
5.4
HOLDING ZONES
Where any zone symbol as shown on the attached Schedules is followed by
the symbol "h", this signifies that no person shall use any land, erect, alter,
enlarge, use or maintain any building or structure until such time as the
holding symbol has been removed by the Municipality in accordance with
the provisions of the Planning Act. Upon removal of the holding symbol the
permitted use of the subject property and the erection of any buildings or
structures thereon shall be undertaken in accordance with the provisions
of the underlying zoning category.
5.4.1 Zone Regulations
Uses existing prior to the passing of this By-law and accessory uses thereto
may be enlarged, reconstructed, renovated or replaced in accordance with
the relevant zone regulations where such use is normally permitted.
5.4.2 General Provisions
All special provisions of this Section 5 "General Provisions" shall apply, where
applicable to any land, lot, building, structure or use within zones subject to the
aforementioned "Holding" criteria.
5.5
PROHIBITIONS
5.5.1 No person shall use any land or erect any building or structure within a zone
except for a permitted use established or erected in accordance with the
regulations provided by this By-law for the zone in which it is located.
5.5.2 No person, except a public authority engaged in the implementation of public
works or services shall reduce in area or frontage any lot already built upon,
either by conveyance or alteration, so that the lot coverage of the building
exceeds the maximum permitted by this By-law, or so that the area or
frontage of the lot will be less than the minimum permitted by this By-law for
the zone in which the lot is located.
5.5.3 Except in a commercial or industrial zone, not more than one permitted use
shall be allowed on a lot unless specifically permitted in this By-law. This
section shall not prohibit the establishment of a home occupation or home
industry in conjunction with a dwelling where such use is permitted.
47
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
5.5.4 The purpose for which any land or building is used shall not be changed, no
new building or addition to any existing building shall be erected and no land
shall be severed from a lot, if such change, erection or severance creates a
situation that contravenes any of the provisions of this By-law applicable to
each individual remaining building, accessory building or lot.
5.5.5 Except as otherwise provided in this By-law, no building or structure shall be
erected, altered, extended or enlarged except upon a lot nor shall any land
be used for any permitted use unless it comprises a lot as defined herein; but
this provision shall not prevent the use of any parcel or tract of land for
agricultural purposes excluding the erection or enlargement of any building or
structure except a fence.
5.5.6 *(deleted by Bylaw 2022-004)*
5.5.7 *Notwithstanding anything contained in this By-law, no person shall
use or occupy any building for residential purposes:
i)
unless such building has been substantially completed and
finished in all respects in accordance with the plans and
specifications filed upon application for the building permit,
and
ii)
unless such building is serviced with electricity, a pressure
well water supply system, and an appropriate sanitary sewage
disposal system, except for a hunt camp. (amended by Bylaw
2022-004)*
5.5.8 i)
Notwithstanding anything contained in the By-law, no person shall
use any building, structure or land for any purpose that would have a
negative impact on groundwater resources in the Municipality. As
part of the building permit, severance or rezoning process, the
applicant may be required to obtain Ministry of Environment approval
for any use.
ii)
No building permit shall be issued for any building or structure which
requires a septic tank unless the building permit application is
accompanied by approval in writing from the appropriate responsible
authority for the proposed method of sewage disposal.
5.6
PLANNED WIDTH OF ROAD
5.6.1 Notwithstanding any other provision contained in this By-law, no building or
48
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
structure shall be hereafter erected in any zone closer than the sum of the
front yard or exterior side yard requirement for such zone and the following
where applicable:
i)
15.25 metres (50.0 ft.) from the centre line of County Roads unless
the provisions of the applicable County By-law require a larger
setback in which case the provisions of that By-law shall apply; and
ii)
10 metres (32.8 ft.) from the centre of the right-of-way of all other
public roads in the Municipality.
5.6.2 Notwithstanding the provisions of this By-law to the contrary, where a
building, structure or accessory use thereto is to be erected in a built-up area
where there is an established building line, such dwelling or accessory use
is not to be erected closer to the street line or to the centre line of the road
or street, as the case may be, than the established building line on the
date of passing of this By-law.
5.7
ENVIRONMENTAL PROTECTION (EP) AND ENVIRONMENTAL
PROTECTION WETLAND (EPW) ZONES
5.7.1. Lands Zoned Environmental Protection
i)
Waterbodies and permanent watercourses have been zoned
Environmental Protection (EP).
ii)
Lands that may pose a threat to life and property because of inherent
physiographic characteristics such as floodplains, erosion hazards,
poor drainage, organic soil, steep slopes or other similar physical
limitations have been zoned Environmental Protection (EP).
iii)
Notwithstanding any other provisions of this By-law to the contrary, all
lands within the Environmental Protection Zone may continue to be
used for those uses existing as of the date of passage of this By-law.
iv)
*The erection of new buildings or structures or the removal or
placing of fill within the Environmental Protection (EP) Zone
shall not be permitted without the prior approval of the
appropriate authority. Prior to issuing a building permit for any
building or structure within the Environmental Protection Zone,
the Municipality should be satisfied that no physical hazard
49
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
exists which would cause harm to life or property. The
Municipality may require technical reports to be submitted in
support of any development (i.e. drainage reports, slope stability
reports, environmental reports). (amended by Bylaw 2022-004)*
v)
Lands zoned as Environmental Protection may be used in
calculating minimum lot area and minimum lot frontage
requirements.
vi)
Lands owned by the Municipality as EP or EPW shall not be sold.
5.7.2 Lands Zoned Environmental Protection Wetland (EPW)
i)
Provincially Significant Wetlands within the Municipality have been
zoned Environmental Protection Wetland (EPW).
ii)
Notwithstanding any other provisions of this By-law to the contrary, all
lands within the Environmental Protection Wetland Zone may
continue to be used for those uses existing as of the date of passage
of this by-law.
iii)
*Development and/or site alteration shall not be permitted in
lands zoned Environmental Protection Wetland (EPW), except
buildings, structures or works associated with public education,
flood or erosion control, watercourse protection or bank
stabilization permitted by the local Conservation Authority
and/or the Ministry of Natural Resources and Forestry.
(amended by Bylaw 2022-004)*
iv)
Lands zoned as Environmental Protection Wetland may be used in
calculating minimum lot area and minimum lot frontage
requirements.
5.8
ENVIRONMENTALLY SENSITIVE LANDS
Environmentally Sensitive Lands are those lands identified as natural
heritage areas and systems having significant biological, geological,
zoological or other unique natural features such as wildlife habitat, areas of
natural and scientific interest, habitat of threatened or endangered species,
woodlands and valley lands.
*Environmentally Sensitive Lands are shown on Schedule OP-B 'Natural
50
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
Heritage Features and Areas' of the Official Plan, as amended from time
to time. (amended by Bylaw 2022-004)*
Development within a deer concentration area (deer yard) shall be permitted
within 100 metres (328 ft.) of a public road. Development within these areas
beyond 100 metres of a public road may be permitted where the landowner
has entered into an agreement with the Municipality in consultation with the
Ministry of *Northern Development, Mines, Natural Resources and
Forestry. (amended by Bylaw 2022-004)*
5.9
LANDS ADJACENT TO WATERBODIES, WATERCOURSES,
EMBANKMENTS, FLOODPLAINS AND ENVIRONMENTALLY
SENSITIVE LANDS
Notwithstanding anything in this By-law, no permit shall be issued for any
building to be constructed within those areas outlined in subsections 5.9.1,
5.9.2 and 5.9.3 herein without the prior written approval of the Conservation
Authority, the Ministry of Natural Resources and/or the Canadian Parks
Service having jurisdiction.
5.9.1 No building or structure, including a municipal drain (except where a
municipal drain forms part of a road allowance) shall be located within the
flood plain of a watercourse, notwithstanding that such watercourse is not
shown on any Schedule forming part of this By-law.
5.9.2 *Notwithstanding anything in this By-law, no development, site
alteration or septic tank installation including the weeping tile field shall
be located or occur:
i)
within 30 metres (98.4 ft.) of the high water mark of a waterbody
or watercourse, notwithstanding that such waterbody or
watercourse is not shown on any Schedule forming part of this
By-law; and
ii)
within 30 metres (98.4 ft.) of the toe or top of shoreline or non-
shoreline cliff, bluff, or bank that is a steep and/or unstable slope;
and
iii)
within 30 metres (98.4 ft.) of an Environmental Protection Wetland
Zone. (amended by Bylaw 2022-005).*
51
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
5.9.3 *Shoreline Activity and Waterfront Use
i)
The provisions in subsections 5.9.1 and 5.9.2 shall not apply to
buildings, structures and services requiring direct access to the
water as an operational necessity such as a marina, marine facility,
or other similar structure.
ii)
Notwithstanding subsection 5.9.1 and 5.9.2, the following shoreline
uses will be permitted within 30 metres (98.4 ft.) of the high water
mark or floodplain subject to all applicable provisions of this Bylaw:
a)
Dock;
b)
Boathouse; and
c)
Boat launch.
iii)
It is prohibited to alter or remove the natural vegetation within the
30 metre (98.4 ft.) vegetative buffer to any shoreline of a waterbody
or watercourse, except:
a)
25% of the shoreline frontage or up to 23 metres (75 feet),
whichever is the lesser, for linear shoreline residential
development;
b)
35% of the shoreline frontage for tourist commercial and
institutional accommodation, waterfront contracting
operations and waterfront landings;
c)
50% of the shoreline frontage for marinas; and
d)
Where b) and c) are present on a lot adjacent to a waterbody
or watercourse, the aggregate percentage of the shoreline
devoted to those uses shall be a maximum of 50% of the
shoreline frontage. (amended by Bylaw 2022-005)*
e)
*for pruning necessary to maintain the health of vegetation
and trees, the removal of diseased or dangerous trees, and
removal of noxious weeds or invasive plants which have been
identified and deemed as such by the Province of Ontario.
(amended by Order of the Ontario Land Tribunal in File No.
OLT-22-003939 to Bylaw 2022-005).*
5.9.4 *Development that is proposed on lands adjacent to Environmentally
Sensitive Lands shall be permitted provided that a satisfactorily
completed Environmental Impact Statement, prepared in accordance
with Section 7.8.6 of the Official Plan is submitted and approved by the
Municipality in consultation with the Ministry of Northern Development,
Mines, Natural Resources and Forestry, the Ministry of Environment,
Conservation and Parks, the Conservation Authority and/or other
appropriate authority. The following measures of adjacency shall be
52
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
used:
Habitat of endangered and threatened
species
120 metres (393.7 ft.)
Significant wetlands and significant
coastal wetlands
120 metres (393.7 ft.)
Significant woodlands
120 metres (393.7 ft.)
Significant valleylands
120 metres (393.7 ft.)
Significant wildlife habitat
120 metres (393.7 ft.)
Significant areas of natural and scientific
interest - life science
120 metres (393.7 ft.)
Significant areas of natural and scientific
interest - earth science
50 metres (164.0 ft.)
Inland Lake Trout Lakes (at capacity) on
the Canadian Shield
300 metres (984.2 ft.)
Fish Habitat
120 metres (393.7 ft.)
(amended by Bylaw 2022-004)*
5.9.5 *Development that is proposed on lands adjacent to Provincially
Significant Wetlands (and beyond the minimum 30 metre (98.4 ft.) 'no
development' area outlined in Section 5.9.2 iii) but within 120 metres
(393.7 ft.) of the wetland) shall be permitted, provided that it has been
demonstrated through an approved Environmental Impact Statement
(EIS) that there will be no negative impacts on the wetland feature or its
associated ecological function. (amended by Bylaw 2022-004)*
5.9.6 *Development proposals for Official Plan Amendments, Zoning Bylaw
Amendments, Plans of Subdivision and/or consents to sever lands
lying within 300 metres of the following "at-capacity" cold water lake
trout lakes should be accompanied by a cold water Lake Capacity Study
prepared in accordance with Section 7.8.7 of the Official Plan and
should be reviewed by the appropriate authority prior to approval. The
following are "at-capacity" cold water lake trout lakes within the
Municipality of Hastings Highlands:
i)
Baptiste Lake (west basin - west of Lot 16)
53
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
ii)
Big Mink Lake
iii)
Buck Lake
iv)
Diamond Lake
v)
Kamaniskeg Lake (north of Ski Island)
vi)
Lake St. Peter
vii)
Purdy Lake (amended by Bylaw 2022-004)*
5.9.7 In accordance with the Provincial Policy Statement, new buildings, structures
or uses or additions, alterations or replacement of existing buildings or
structures associated with established agricultural activities shall be
permitted without the need for an Environmental Impact Study on lands
adjacent to a Provincially Significant Wetland.
5.10
NON-CONFORMING USES
5.10.1 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 day of
passing of this By-law, so long as it continues to be used for that purpose.
5.10.2 Building Permit Issued
The provisions of this By-law shall not apply to 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 passing of this By-law been approved and
a permit issued by the Municipality's Chief Building Official 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 that the erection of such a
building or structure is commenced within one year after the day of the
passing of this By-law and the building or structure is completed within a
reasonable time after the erection thereof is commenced.
5.10.3 Restoration to a Safe Condition
The provisions of this By-law shall not apply to prevent the strengthening to
a safe condition of any non-conforming building or structure or part
thereof provided such strengthening generally does not increase the height,
size or volume, of such building or structure.
54
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
5.10.4 Rebuilding or Repair or Strengthen to Safe Condition Permitted
on Lands Zoned as Environmental Protection and
Environmental Protection Wetland
Nothing in this By-law shall prevent the rebuilding or repair of any legal non-
conforming building or structure that is damaged or destroyed, or the
strengthening to a safe condition of any building or structure which does
not conform to the provisions of this By-law, subsequent to the passage of
this by-law, provided that the dimensions of the original building or structure
are not increased and the use of the building or structure not altered.
5.11
NON-COMPLIANCE OF EXISTING USES
5.11.1 Building on Existing Lots
Where a building has been lawfully erected prior to the date of the passing
of this By-law on a lot having less than the minimum frontage and/or area,
or having less than the minimum front yard, side yard, rear yard or usable
open space required by this By-law, the said building may be
enlarged, reconstructed, repaired or renovated provided said
enlargement, reconstruction, repair or renovation does not serve to
further reduce a required yard or required usable open space and
provided all other provisions of this By-law are complied with.
5.12
REPLACEMENT OF BUILDINGS OR STRUCTURES
A building or structure, including a legal non-conforming and/or legal non-
complying building or structure, may be replaced with a new building or
structure in the case of partial or complete destruction caused by fire,
lightning, explosion, tempest, flood or act of God, or demolition by order
of the Municipality, the local Health Unit, or other authority for safety, health
or sanitation requirements, providing such building or structure is serviced
by a well and sewage disposal system approved by the appropriate
responsible authority. The provisions of Section 5.11 shall apply in the case
of the reconstruction of a legal non-complying building or structure.
5.13
EXISTING UNDERSIZED LOTS
Where a lot having a lesser lot area and/or lot frontage than that required
herein is held under distinct and separate ownership from abutting lots, as
shown by a registered conveyance in the records of the Registry or Land
55
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
Titles Office on the date of passing of this By-law, or where such a lot is
created as a result of an expropriation, such smaller lot may be used and a
building or structure may be erected, altered or used on such smaller lot,
provided that the parcel has a minimum frontage of fifty percent (50%) or
more of the minimum frontage required by the zone in which the parcel is
situated, provided that an adequate supply of potable water is available
to service the proposed use, provided such erection, alteration or use does
not contravene any other provisions of this by-law and provided that all
relevant requirements of the appropriate authority are complied with.
5.14
YARD ENCROACHMENTS PERMITTED
5.14.1 Except as otherwise provided in this By-law, every part of any required
yard shall be open and unobstructed by any building or structure from
the ground to the sky, except for:
i)
sills, belt courses, chimneys, cornices, eaves, gutters, parapets,
pilasters or other ornamental features, provided however that the
same shall not project more than 0.6 metres (2 ft.) into any required
yard;
ii)
drop awnings, clothes poles, garden trellises, TV or radio antennae
including satellite dish antennae, or similar accessories;
iii)
fences, solar collectors, parking lots, retaining walls, gatehouses in
industrial zones, driveways, patios and other such uses as specifically
permitted in this Bylaw;
iv)
a)
signs, provided however that the same shall be erected in
accordance with the provisions of any Sign By-law of the
Municipality, County or the Ministry of Transportation;
b)
in lieu of a municipal sign by-law:
-
in a residential zone, there shall be no display other than a sign of a
maximum size of 0.55 square metres (6.0 sq. ft.) to indicate that
any part of a dwelling is being used for a purpose other than
residential. Furthermore, such a sign shall be set back a minimum
of 3 metres (9.8 ft.) from any lot line;
- in an industrial, rural or rural commercial zone, one temporary,
portable roadside sign per lot frontage may be located with the
written approval of the property owner and Council. The temporary
56
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
portable sign shall be located on private property and shall not
interfere with parking or traffic circulation on the site or adjoining
roadway;
v)
light standards, fuel pump islands and fuel pumps of automobile
service stations, provided however that the same shall be erected in
accordance with the applicable provisions of this By-law;
vi)
fire escapes, provided however that the same shall project into any
required side or rear yard not more than 1.5 metres (4.9 ft.); and
vii)
accessory buildings provided however that the same shall be erected
in accordance with the applicable provisions of this By-law.
5.14.2 Notwithstanding the yard provisions of this By-law to the contrary, canopies,
steps and unenclosed and uncovered decks and porches may project into
any required front or rear yard a maximum distance of 1.5 metres (4.9 ft.).
This, however, does not permit a balcony and/or porch to extend into a
required yard if in fact the balcony and/or porch is an addition to the house
intended to circumvent the intent of this section. For the purpose of this
section, a "deck" shall mean a horizontal surface supported on piers, free of
any roof or other covering, and which may be surrounded by a railing, the
height of which is governed by the Ontario Building Code.
5.14.3 Notwithstanding any other provisions of this By-law, a railway spur shall be
permitted in an industrial zone within a required yard. Where such yard
abuts a residential zone, the railway spur shall conform to the yard and
setback requirements of the zone in which it is located.
5.15
LANDS SEVERED BY PUBLIC UTILITY LINES
Where lands are acquired for the purpose of a public utility line and such
acquisition deprives a parcel of land of street frontage, the part of such
parcel so deprived of street frontage shall be deemed for the purpose of this
By-law to have frontage on such street providing the land has a permanent
right of access to such street.
5.16
TEMPORARY USES
Nothing in this By-law shall prevent the use of any land, or the erection or
use of any building or structure for a construction camp, work camp, tool
shed, scaffold, or other building or structure including a temporary sales or
57
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
rental office, which is incidental to and necessary for construction work of
the premises, but only for so long as such use, building or structure is
necessary for such construction work which has not been finished 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.
5.17
PUBLIC USES AND UTILITIES AND COMMUNITY FACILITIES
5.17.1 Notwithstanding anything contained in this By-law, the Municipality or any
local board thereof, any telephone or telecommunications company, any
transportation system owned, operated, or authorized by or for the
Municipality, any Department of the Federal or Provincial Government or
any Conservation Authority established by the Government of Ontario, may,
for purposes of public service, use any land or erect or use any building or
structure in any zone except Environmental Protection or Environmental
Protection Wetland provided:
i)
that such use, building or structure, shall be in compliance with the
height, coverage, landscaped open space and yard regulations
prescribed for such a zone;
ii)
that there shall be no open storage of goods, materials, or equipment
in the yards of any residential zone; and
iii)
that any building or structure erected or used in any residential zone
shall be of a character and shall be maintained in general harmony
with the buildings of the type permitted in the said zone.
5.17.2 Nothing in this By-law shall prevent the use of any land as a public park, a
public street or for the location of a properly authorized traffic sign or signal,
or any sign or notice of any Municipal, Provincial or Federal government
department or authority.
5.17.3 Where in a zone in this by-law under the heading of "Permitted Uses" a public
use is specifically permitted within a zone, then such use shall only be
permitted within that zone.
5.17.4 Where in this by-law a public use is not specifically referred to in any zone,
then such public use shall be permitted in any zone.
5.17.5 The minimum distances of buildings or structures owned or operated by any
utilities from any lot line shall be 2.5 metres (8.2 ft.) and from the centreline
of any road shall be 10 metres (32.8 ft.).
58
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
5.18
MULTIPLE USES ON ONE LOT
Notwithstanding anything contained in this By-law, where any land or
building is used for more than one purpose, all provisions of this By-law
relating to each use shall be complied with, provided that no dwelling shall
be located closer than three (3) metres (9.8 ft.) to any other building on the
lot except a building accessory to such dwelling. A dwelling or dwelling unit
as an accessory use will be allowed where permitted by this By-law in
accordance with Section 5.19 below.
5.19
DWELLING OR DWELLING UNIT AS AN ACCESSORY USE IN A
NON- RESIDENTIAL SETTING
No person shall use any lot or erect, alter or use any building or structure for
the purpose of a dwelling or dwelling unit where the zoning is not residential
except in accordance with the following regulations:
i)
A single detached dwelling may be permitted with a private water
supply and sewage disposal system having the approval of the
appropriate authority.
ii)
A dwelling as a separate structure shall have a minimum gross floor
area of 89 square metres (958.0 sq. ft.) and where there is more than
one floor, a minimum ground floor area of 44.5 square metres (479.0
sq. ft.). A dwelling unit as an apartment within a non- residential
building shall have a minimum gross floor area of 55 square metres
(592.0 sq. ft.).
iii)
A dwelling unit shall have separate bathroom and kitchen facilities
from those of the non- residential use.
iv)
Each dwelling unit shall have separate parking spaces as required by
the parking requirements hereto.
v)
The dwelling unit shall have a separate building entrance to that
provided for the non- residential use.
vi)
Separate storage facilities containing a minimum of 2.8 sq. metres (30
sq. ft.) shall be provided for each dwelling unit.
vii)
In a Commercial zone, one dwelling unit shall be permitted in a non-
residential building provided it is located on the second storey of such
building, or at the rear of such building if on the main floor.
viii)
Notwithstanding the provisions of clause 5.19(ii) of this subsection,
the gross floor area of the residential portion of a non-residential
building in a Commercial zone shall not exceed one hundred (100)
percent of the non-residential floor area.
59
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
ix)
A single detached dwelling as a separate structure shall be permitted
if occupied by the owner, caretaker, watchman or similar person,
provided that such person is employed on the lot on which such
dwelling house is located.
x)
A dwelling unit shall be permitted in a portion of a non-residential
building, except in the case of an automobile service station or
automobile sales agency, motor vehicle dealership or motor vehicle
repair garage where such dwelling unit shall not be permitted.
5.20
PROHIBITED USES
5.20.1 Except as otherwise specifically permitted in this By-law, the following uses
are prohibited in any zone;
i)
refining coal oil or petroleum products;
ii)
tanning hides or skins;
iii)
manufacturing gas;
iv)
manufacturing glue;
v)
a track for the racing of motor vehicles, motorcycles, go-carts or
snowmobiles; and
vi)
locating or storing on any land for any purpose whatsoever, any
disused railroad car, truck, bus or coach body, whether the same is
situated on a foundation.
5.20.2 In addition to the uses prohibited in Clause 5.20.1 of this subsection, any use
is prohibited which by its nature or the materials used therein is declared
under the Health Promotion and Protection Act to be a health hazard.
5.20.3 In addition to the uses prohibited in Clause 5.20.1 of this subsection, all uses
of land and the erection or use of any building or structure for a purpose not
permitted under the "Permitted Use" subsection of one or more zones
established by this By-law are and shall be deemed to be prohibited in
each such zone, except for those uses of land and the erection or use of
any building or structure for a purpose expressly permitted under the
applicable provisions of this By-law.
5.21
OBNOXIOUS USES
Notwithstanding anything contained herein, no land shall be used and no
building or structure shall be erected, altered or used for any purpose
which is obnoxious, and without limiting the generality of this subsection,
for any purpose that creates or is likely to become a nuisance or offensive,
60
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
or both;
i)
by the creation of noise or vibration in excess of the limits of the
Environmental Protection Act;
ii)
by reason of the emission of gas, fumes, smoke, dust or objectionable
odour in excess of the limits of the Environmental Protection Act,
except in the case of agricultural uses operating in compliance with
reasonable agricultural practices;
iii)
by reason of the unsightly storage of goods, wares, merchandise,
salvage, refuse matter, motor vehicles, trailers, or parts of vehicles or
trailers, machinery or other such material; or
iv)
by any combination of those things described in Clauses 5.21(i),
5.21(ii) and 5.21(iii) of this subsection.
5.22
SPECIAL OCCASION USES
5.22.1 Nothing in this by-law shall prevent the use of land in any zone where a
residential use is permitted for the purpose of a garage sale or yard sale but
such use shall not be conducted more than twice in one calendar year and for
not more than 48 consecutive hours.
5.22.2 Nothing in this by-law shall prevent the use of land in any zone for the
purpose of special occasion events such as a concert, a fundraising event,
fair or other similar use provided such use is not operated more than once in
one calendar year and for not more than 72 continuous hours. The
Municipality may issue a special occasion permit in accordance with the
Municipal by-laws.
5.23
TRUCK, BUS AND COACH BODIES
*Except as otherwise specifically permitted in this by-law, no truck,
van, bus, coach body or structure of any kind, other than a dwelling
unit erected and used in accordance with this by-law and all other by-
laws of the Municipality shall be used for human habitation or storage
of goods and materials within any area affected by this by-law,
whether or not the same is mounted on wheels or other form of
mounting or foundation. (amended by Bylaw 2011-031)*
5.24
SWIMMING POOLS
Notwithstanding any other provisions of this By-law a swimming pool is
permitted as an accessory use in any residential, agricultural, commercial,
61
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
community facility or open space zone provided that:
i)
no part of such pool shall be located closer to any lot line or street line
than the minimum distance required for an accessory building located
on such lot;
ii)
except in the case of an above ground pool, the maximum height of
such pool shall be 2.5 metres (8.2 ft.) above the established grade;
iii)
any building or structure required for changing clothing or for pumping
or filtering facilities, or other similar accessory uses shall meet all of
the accessory building requirements of the zone in which the pool is
located;
iv)
except in the case of an above ground pool, every swimming pool
shall be enclosed by a fence of at least 1.52 metres (5.0 ft.) in height
that is located at not more than
4.5 metres (14.8 ft.) from the pool or by the walls of a dwelling in
conjunction with a fence located as described above. An above ground
swimming pool shall be enclosed by a fence included as part of the
swimming pool's standard equipment and where such fencing is not
provided by a fence erected in accordance with the criteria set out
above.
5.25
ACCESSORY BUILDINGS
5.25.1 The total lot coverage of accessory buildings and structures including
detached private garages shall not exceed ten (10) percent of the lot area
except where a swimming pool or tennis court is provided, in which case the
total lot coverage for accessory uses shall not exceed thirty (30) percent.
In no case shall the lot coverage of all buildings on a lot exceed the maximum
lot coverage of the principal use set out in the applicable provisions of this
By-law.
a) *Notwithstanding the provisions of section 5.25.1 to the
contrary for lands zoned the LIMITED SERVICE RESIDENTIAL
(LSR) ZONE, WATERFRONT RESIDENTIAL (WR) ZONE AND
LIMITED SERVICE RESIDENTIAL ISLAND (LSRI) ZONE, the
total square footage of the footprints of all accessory
buildings on a lot shall not exceed five (5) percent of the total
lot area. (amended by Bylaw 2016-013)*
5.25.2 Where an accessory building is attached to the main building, the front
yard, side yard, rear yard and area requirements of this By-law shall be
complied with as if the accessory building was part of the main building.
62
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
5.25.3 No person shall use an accessory building for human habitation except
where a dwelling is permitted as an accessory building.
5.25.4 An accessory building shall not be built closer to any lot line than the
minimum distance required by this By-law except that common semi-
detached garages may be erected on a mutual side lot line.
5.25.5 The minimum distance of an accessory building from a principal
building shall be 3.0 metres (9.8 ft.).
5.26
FRONTAGE ON A STREET
No person shall erect any building or structure in any zone, except in a
Limited Service Residential (LSR) Zone or a Limited Service Residential
Island (LSRI) Zone, unless the lot upon which such building or structure is to
be erected fronts upon a public street. For the purposes of this By-law a
street does not include an unopened road allowance, a lane, or an
unassumed road on a Registered Plan which has been deemed not to be a
Registered Plan under the Planning Act. The above provisions shall not
apply to prohibit the erection of any building on a lot on a registered plan of
subdivision where a subdivision agreement has been entered into but in
which the streets will not be assumed until the end of the maintenance
period.
5.27
RESIDENTIAL EXTERIOR SIDE YARDS
Notwithstanding any provisions of this By-law to the contrary, the minimum
required exterior side yard may be reduced to a minimum of three (3) metres
(9.8 ft.) provided that for every one (1) metre or part thereof, the exterior
side yard is reduced below the minimum requirement, the minimum front
yard shall be correspondingly increased by the same distance.
5.28
SIGHT TRIANGLES
Unless otherwise specified in this By-law, on a corner lot, within the
triangular space formed by the street lines and a line drawn from a
point in one street line to a point in the other street line, each point
being measured nine (9) metres (29.5 ft.) along the street lines from the
point of intersection of the street lines, no building or structure which
would obstruct the vision of drivers of motor vehicles shall be erected
and no trees, shrubs, hedges, fences or walls shall be planted, erected
or maintained of greater height than one (1) metre (3.3 ft.) above the
63
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
centre line of the adjacent road at the lowest point. Where the two
street lines do not intersect at a point, the point of intersection of the
street lines shall be deemed to be the intersection of the tangents to the
street lines.
5.29
HOME OCCUPATIONS
Home occupations are categorized as Type 'A' and Type 'B' home
occupations. Home occupations Type 'A' and Type 'B' are permitted in the
zones as indicated in this By-law in accordance with the following:
i)
there is no display, other than a sign of a maximum size of 0.55 square
metres (6.0 sq. ft.) to indicate to persons outside that any part of the
dwelling is being used for a purpose other than residential.
Furthermore, such a sign shall be setback a minimum of 3 metres (9.8
ft.) from any lot line;
ii)
such home occupation is clearly secondary to the main residential use
and does not change the residential character of the dwelling nor
create or become a public nuisance; in particular, in regard to noise,
obnoxious odours, emission of smoke, traffic or parking;
iii)
such home occupation does not interfere with television or radio
reception;
iv)
not more than 30 percent of the gross floor area of the dwelling is
used for the purposes of home occupation uses except in the case of
a bed and breakfast establishment in which situation the provisions of
subsection 5.29.3 shall apply.
5.29.1 Additional Provisions for Type 'A' Home Occupations
Type 'A' home occupations may be conducted entirely within the principal
residence or in an accessory structure and shall be limited to administrative
office type uses only.
5.29.2 Additional Provisions for Type 'B' Home Occupations
*Type 'B' home occupations may be conducted entirely within the
principal residence or in an accessory structure and shall be limited to
personal service and medical occupations such as arts and crafts shop,
hairdressers, day nurseries limited to six (6) children or less, doctors and
64
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
dentists' offices. (amended by Bylaw 2022-004)*
5.29.3 Additional Provisions for Bed and Breakfast as a Home Occupation
*Where a bed and breakfast establishment is established as a home
occupation,
i)
no more than three(3) guest rooms shall be maintained for the
accommodation of the public;
ii) the minimum parking requirement of one (1) parking space per guest
room and dwelling unit; and
iii) verification by a qualified person and applicable approval authority of
adequate supply of water and septic capacity. (amended by Bylaw
2022-004)*
5.30
HOME INDUSTRY
Home industries are categorized as Type 'A' and Type 'B' home industries.
Home industries Type 'A' and Type 'B' are permitted in the zones as indicated in
this By-law in accordance with the following:
i)
there is no open storage of goods or materials;
ii)
there is no display, other than a sign of a maximum size of 0.55 square
metres (6.0 sq. ft.) to indicate to persons outside, that any part of the
dwelling or accessory building is being used for a purpose other than
residential. Furthermore, such a sign shall be set back a minimum of
3 metres (9.8 ft.) from any lot line;
iii)
the home industry is clearly secondary to the main residential use and
does not change the residential character of the dwelling nor create
or become a public nuisance; in particular in regard to noise, noxious
odours, emission of smoke, traffic or parking;
iv)
where an interior side yard and/or rear yard abuts a residential zone,
then such interior side yard and/or rear yard shall be a minimum of 15
metres (49.2 ft.). This 15 metre (49.2 ft.) area shall be maintained in
an open space condition and the open storage of goods or materials
shall not be permitted within a 15 metre (49.2 ft.) area;
v)
the home industry does not interfere with television or radio reception;
vi)
there are no goods, wares or merchandise, publicly offered or
exposed for sale on the premises outside of any buildings; and
vii)
on site parking is provided in accordance with Section 5.31.
viii)
*home industries are prohibited on waterfront lots. (added by
Bylaw 2022-004)*
65
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
5.30.1 Additional Provisions for Type 'A' Home Industries
Type 'A' home industries shall include craft shops, woodworking, repair
and service shops and similar type uses and associated retail sales in
accordance with the following:
i)
any accessory structure used for a Type 'A' home industry shall not
exceed 75 square metres (807.3 sq. ft.).
5.30.2 Additional Provisions for Type 'B' Home Industries
Type 'B' home industries shall include craft shops, woodworking, light
manufacturing, repair and service shops and other similar type uses and
associated retail sales in accordance with the following:
i)
any accessory structure used for a Type 'B' home industry shall not
exceed 100 square metres (1,076.4 sq. ft.);
ii)
the minimum lot size for a Type 'B' home industry shall be 2 hectares
(4.94 acres); and
iii)
two (2) commercial vehicles associated with the home industry are
permitted.
5.31
OFF-STREET PARKING PROVISION
For every building or structure to be erected for, altered for, or its use
converted to any of the uses specified in the following table, off-street
parking facilities shall be provided and maintained either on the same lot on
which the principal use is located or, where this is not possible, on a lot
within 60 metres (196.9 ft.) of the lot on which the principal use is located
and in accordance with the following table and other provisions contained in
this subsection unless otherwise specifically provided.
5.31.1 Minimum Parking Space Requirements
a)
Residential - Two (2) spaces for every dwelling unit.
b)
Marina - One (1) space for every two (2) docking berths.
c)
Senior Citizen Multiple Dwelling:
(i)
Up to 30 dwelling units, parking spaces shall equal 50
percent of the number of dwelling units.
(ii)
Between 30 and 60 units, parking spaces shall equal 40
66
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
percent of the number of dwelling units.
d)
Private or Public Hospital or Nursing Home - One (1) space for
every two (2) beds.
e)
Private or Commercial Club or Recreational Establishment - One
(1) space for every three (3) persons to be accommodated in the
design capacity of the building.
f)
Funeral Home - One (1) space for every three (3) chapel seating
spaces for fraction thereof with a minimum of ten (10) spaces.
g)
Church or Place of Worship, Community Hall, Arena - One (1)
space for every three (3) persons to be accommodated according to
maximum permitted capacity.
h)
Schools - One (1) space per classroom, and one space for each ten
(10) people of maximum design capacity of the assembly hall or
auditorium.
i)
Government or Public Utility Building - One (1) space for every 23
square metres (247.6 sq. ft.) of gross floor area.
j)
Business or Professional Office - One (1) space for every 23 square
metres (247.6 sq. ft.) of gross floor area or where such use conflicts
with the office of a doctor or dentist, there shall be a minimum of three
(3) parking spaces provided on the same lot.
k)
Hotel/Motel/Resort - One (1) space for every guest room and one (1)
space for every 8 square metres (86.1 sq. ft) of gross floor area devoted
to public use.
l)
Boarding or Rooming House, Bed and Breakfast or Tourist Home
- One (1) space for each bedroom.
m)
Place of Assembly such as Halls, Fraternal Organizations, Labour
Union Halls, Dance Halls, Community Centres, Theatres - One (1)
space for every three (3) persons of maximum design capacity.
n)
Bowling Lanes and Billiard Establishments - One (1) space for every
two (2) persons of design capacity. Design capacity shall mean six (6)
persons per bowling lane and two (2) persons per billiard table.
o)
Drive-In Restaurant or Take-Out Restaurant - One (1) space for very
2 square metres (21.5 sq. ft.) of gross floor area.
67
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
p)
Restaurant, Tavern, Banquet Hall, Lounge or Meeting Areas,
excluding a Drive-In or Take-Out Restaurant - One (1) space for
every 4.5 square metres (48.4 sq. ft.) of public floor area or one (1)
space for every four (4) persons of design capacity, whichever is the
greater with a minimum of ten (10) spaces.
q)
Retail, Wholesale Sales, Merchandise Service Shop or Studio - One
(1) space for every 28 square metres (391.4 sq. ft.) of gross floor area.
r)
Retail Lumber and Building Supply Outlet - One (1) space for every
28 square metres (391.4 sq. ft.) of retail floor space with a minimum of six
(6) spaces.
s)
Automotive Sales Establishment, (New and Used) - A minimum of ten
(10) spaces plus one (1) space for every employee working on the
premises during the peak business period.
t)
Industrial Establishment - One (1) space for every 37 square metres
(398.3 sq. ft.) of gross floor area.
u)
Warehouse or Bulk Storage Yard - One (1) space for employee
working on the premises during the peak business period.
v)
Post Offices, Museums and Libraries - One (1) space for every 46
square metres (495.2 sq. ft.) or fraction thereof of public floor area.
w)
Home Occupation or Home Industry - One (1) space for every 18
square metres (193.8 sq.ft.) of floor area devoted to the use.
x)
Uses Permitted by this By-law (other than those listed above but
excluding accessory use to single detached dwellings) - One (1)
space for every 28 square metres (301.4 sq. ft.) of gross floor area.
y)
*Cannabis Production and Processing - One (1) space for every
thirty-seven (37) square metres (398.3 sq. ft.) of gross floor area.
(added by Bylaw 2022-004)*
5.31.2 Parking Requirements
i)
Each parking space must be readily accessible at all times and
arranged in such a manner to provide access and manoeuvring
space for the parking and removal of a motor vehicle without the
necessity of moving any other motor vehicle, except that this shall not
apply in the case of a single detached dwelling.
ii)
Ingress and egress to and from the parking aisles prescribed by this
68
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
section shall be provided by a sufficient number of adequate,
unobstructed driveways having a minimum width of 6 metres (19.7
ft.), except that in the case of a single detached dwelling, the width
may be reduced to 3.5 metres (11.5 ft.).
iii)
All off-street parking spaces, driveways and aisles required herein
shall be constructed and maintained with a stable surface.
iv)
Where a ramp to parking aisles provides access from a street, such a
ramp shall not be located closer than 7.5 metres (24.6 ft.) from the
street line and a level stopping space shall be provided between the
ramp and the street grade so as to provide adequate vision to the
street in both directions.
v)
Where a lot, building or structure accommodates more than one type
of use, the parking requirement for the whole building shall be the
sum of the requirements for the separate parts of the lot, building or
structure occupied by the separate types of uses.
vi)
The parking requirements referred to herein shall not apply to any
building in existence at the date of enactment of this By-law so long
as the gross floor area as it existed at that date is not increased or the
use changed. If an addition is made or the use is changed, then
additional parking spaces shall be provided up to the number
required for such addition.
vii)
Where the application of ratios results in a fraction of a parking space,
the required number of spaces shall be increased to the next whole
number.
viii)
In the case of a parking structure completely or partly below finished
grade, it shall not be necessary to comply with the setback
requirements of the particular zone, except that the minimum
distance between such a structure and the street line shall be 7.5
metres (24.6 ft.).
ix)
Where parking requirements are related to seating capacity and
seating is by open benches, each 0.6 metres (2.0 ft.) of open bench
shall be counted as one (1) seat.
x)
The lights used for illumination of parking spaces, aisles and
driveways shall be so arranged as to divert the light away from
69
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
adjacent lots and streets.
xi)
A structure not more than 4.5 metres (14.8 ft.) in height and not more
than 4.5 square metres (48.4 sq. ft.) in area may be erected in the
parking area for the use of parking attendants.
xii)
No sign shall be erected in any parking area other than a directional
sign, signs necessarily incidental to the efficient operation of a
commercial parking lot, and a sign which gives the name of the
owner. The maximum size of any such sign shall be 1.0 square metre
(10.8 sq. ft.).
xiii)
No gasoline pump or other service station equipment shall be located
or maintained on any parking space or aisle.
xiv)
In a residential zone or in an urban residential zone, not more than 50
percent of the aggregate area of the side yards and rear yard shall be
occupied by parking spaces, aisles or driveways.
xv)
Entrances and exits to parking spaces shall not pass through zones
other than the zones requiring the parking spaces.
xvi)
Where off-street parking abuts a residential zone or urban residential
zone, a wooden fence at least 1.5 metres (4.9 ft.) in height shall be
erected and maintained and the land within three 3 metres (9.8 ft.) of
the residential zone or urban residential zone shall be maintained in
an open space condition.
xvii)
*No parking or loading facility or part thereof shall be located
and no land shall be used for the parking or storage of any
vehicle within 1.0 metre (amended by Bylaw 2012-045)*
xviii)
(3.3 ft.) of any lot line or street line, or within 3 metres (9.8 ft.) of the
boundary of any residential zone or urban residential zone.
xix)
Notwithstanding Section 5.31.1 of this By-law to the contrary, where
any building, structure, use or activity is permitted or is legally in
existence at the date of passing of this By-law and is subsequently
changed in use or enlarged or extended in floor area, number of
employees, number of dwelling units, seating capacity or otherwise
which results in the reduction of the minimum required parking
facilities and/or number of parking spaces and such number of
70
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
parking spaces or part thereof cannot be provided in accordance with
the minimum requirements, then such required parking spaces or
part thereof shall be subject to a cash-in-lieu contribution towards
municipal parking facilities, the cost of which shall be established by
the Council of the Municipality from time to time for the determined
deficiency.
5.31.3 *Accessible Parking
i) In any zone, the required number of parking spaces shall include the
provision of accessible parking spaces in the minimum quantity
specified below:
a) Residential: Accessible parking spaces are provided at a rate of
4% of the required parking spaces; Accessible parking is not
required for single detached, semi-detached, duplexes, triplexes
and row houses (townhouses) that do not have a shared parking
arrangement;
b) Commercial: Accessible parking spaces are provided at a rate of
4% of the required parking spaces;
c) Industrial: Accessible parking spaces are provided at a rate of
4% for the first 200 required parking spaces and 3% for the
additional required parking spaces, including a minimum of one
Type A (Van accessible) required accessible space, rounded up
to the nearest whole number. Equal numbers of Type A (Van
accessible) and Type B are required. If an odd number is
required, the additional space may be either type;
d) Institutional: Accessible parking spaces are provided at a rate of
10% of the required parking spaces;
e) All other uses: Accessible parking spaces are provided at a rate
of 4% of the required parking spaces;
f) When determining the required number of parking spaces in
accordance with the above provisions, any fraction derived from
the calculation shall be rounded up to the nearest whole number;
g) Where an even number of parking spaces for the use of persons
with disabilities are provided in accordance with the
requirements of the zoning bylaw, an equal number of parking
spaces that meet the requirements of Type A Parking space and
Type B parking space must be provided; and
h) Where an odd number of parking spaces for the use of persons
with disabilities are provided in accordance with the zoning
71
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
bylaw, the number of parking spaces must be divided equally
between parking spaces that meet the requirements of a Type A
parking space and a Type B parking space, but the additional
parking space, the odd numbered space, may be a Type B
parking space.
ii) The following regulations shall apply to accessible parking spaces:
a) Type A (Van accessible) spaces shall have minimum rectangular
dimensions of 3.4 metres width by 6.0 metres length and must
have signage specifying that they are van-accessible;
b) Type B spaces shall have minimum rectangular dimensions of
2.4 metres width by 6.0 metres length;
c) An access aisle with a minimum rectangular dimensions of 1.5
metres in width and 6.0 metres in length and marked with a high
tonal contrast diagonal lines is required adjacent to Type A and
Type B accessible parking spaces. The access aisle may be
shared between spaces;
d) All accessible parking spaces shall be marked by an identifying
marker on the pavement consisting of the international symbol of
access as a 1.5 metre by 1.5 metre white border and a symbol
with a blue background field colour centred on the parking stall;
e) All accessible parking spaces shall be appropriately signed in
accordance with provincial regulation;
f) A minimum vertical clearance of 2.1 metres shall be provided at
accessible parking spaces, passenger loading zones and along
routes to accessible parking spaces;
g) Maximum gradient for a barrier free vehicle parking space shall
be five (5) percent;
h) Accessible parking spaces shall be located and distributed in a
manner that provides substantially equivalent or greater
accessibility in terms of distance from an entrance or user
convenience; and
i) Curb ramps, where required shall be provided to permit access
from the parking area to a sidewalk. (amended by Bylaw 2022-
004)*
5.32
LOADING SPACE REQUIREMENTS
i)
No person shall erect or use any building or structure in any zone for
72
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
any commercial or industrial purpose involving the movement of
goods unless loading spaces are provided and maintained in
accordance with the following provisions:
a)
280 square metres (3,014 sq. ft.) - 930 square metres (10,010.8
sq. ft.) - One (1) space.
b)
exceeding 930 square metres (10,010.8 sq. ft.) - Two (2)
loading spaces plus a minimum of one (1) additional loading
space for each 1400 square metres (15,070.0 sq. ft.) or fraction
thereof in excess of 930 square metres (10,010.8 sq. ft.).
ii)
Each loading space shall be at least 9 metres (29.5 ft.) long, 3.5
metres (11.5 ft.) wide and have a vertical clearance of at least 4
metres (13.1 ft.).
iii)
The required loading spaces shall be provided on the lot occupied by
the building or structure for which the said loading spaces are
required and shall not form a part of any street or lane.
iv)
For any commercial or industrial use, no loading space or part
thereof shall be located and no land shall be used for loading
purposes within 1.5 metres (4.9 ft.) of any lot line, or within 3 metres
(9.8 ft.) of any street line or boundary of any residential zone or urban
residential zone, or within 3 metres (9.8 ft.) of the lot line of a
residential use.
v)
Access to loading spaces shall be by means of a driveway at least 6
metres (19.7 ft.) wide contained within the lot on which the spaces are
located and leading to a street or lane located within or adjoining the
zone in which the use is located.
vi)
The driveways and loading spaces shall be maintained with a stable
surface which is treated so as to prevent the raising of dust or loose
particles.
vii)
The loading requirements referred to herein shall not apply to any
building in existence at the date of enactment of this By-law so long as
the gross floor area as it existed at the date is not increased. If an
addition is made, then additional loading spaces shall be provided up
to the number required for such addition.
73
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
5.33
GARDEN SUITES
Garden suites shall be permitted subject to the following requirements;
i)
a garden suite, as defined in this By-law, may be permitted by Council
under Section 39 of the Planning Act, subject to passage of a
temporary use By-law to establish the period of time for which the use
is to be permitted and to define the area to which the by-law
applies;
ii)
the gross floor area of living space in such dwelling shall consist of a
minimum of 49 square metres (527.4 sq. ft.) and a maximum of 65
square metres (699.7 sq. ft.);
iii)
the dwelling unit shall be self contained and shall have a private
entrance and separate culinary, sanitary, dining and sleeping area;
iv)
the sanitary sewage disposal, water supply and electrical services for
the dwelling unit shall be derived from and connected to the services
of the single detached dwelling upon which lot the garden suite is
situated, subject to the approval of the authorities responsible for the
various services;
v)
all the provisions of the respective zones in which the garden suite is
situated shall be complied with in addition to the following special
criteria:
a)
Rear Yard (Minimum) - 4.5 metres (14.8 ft.)
b)
Building Height (Maximum) - 4.5 metres (14.8 ft.)
c)
Separation Distance from the Principal Dwelling (Maximum) -
7.62 metres (25 ft.)
vi)
*the owner/occupant of the detached dwelling and occupant of the
garden suite upon which lot the garden suite is situated enter into
an agreement with the Municipality pursuant to the Municipal Act
stating the occupant of the garden suite, that no other
individual(s) will occupy the garden suite, and that the garden
suite will be removed when it is no longer needed; (amended by
Bylaw 2022-004)*
vii)
*Garden suites shall only be permitted on lands which have
direct access from a year-round maintained publicly-owned road,
or private road within an approved plan of condominium. Access
74
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
from a public road to a garden suite shall be obtained by the
driveway serving the principal dwelling on the lot; (amended by
Bylaw 2022-004)*
viii)
the placement of a garden suite on a lot shall be subject to site plan
control pursuant to the Planning Act to ensure all servicing, buffering,
parking and other issues are addressed;
ix)
a temporary use zoning by-law is passed by Council in accordance
with the provisions of the Planning Act. The By-law shall be in place
for a period not exceeding ten (10) years, subject to extension by
Council's approval.
5.34
*Areas of Influence
i)
No person shall erect any residential structure in any zone within
500 metres (1,640.4 ft.) of lands zoned MX - Mineral Extractive
(quarry) and 300 metres (984.25 ft.) of lands zoned MX - Mineral
Extractive (pit) without the consultation of the Ministry of
Northern Development, Mines, Natural Resources and Forestry
(MNDMNRF), the Ministry of Conservation and Parks (MECP), and
the County of Hastings, as may be required; upon successful
application for a minor variance; and provided the residential use
is a permitted use on the adjacent lands within the area of
influence.
ii)
No person shall erect any residential structure within the area
outlined on Schedule OP-C "Aggregate and Mineral Reserves" of
the County of Hastings Official Plan as being an Area of
Extractive Reserve without the consultation of the Ministry of
Northern Development, Mines, Natural Resources and Forestry
(MNDMNRF), the Ministry of Conservation and Parks (MECP), and
the County of Hastings, as may be required; upon successful
application for a minor variance; and provided the residential use
is a permitted use on the adjacent lands within the area of
influence.
iii)
No person shall erect a residential structure in any zone within
500 metres (1,640.4 ft.) of lands zoned WD - Waste Disposal
without the consultation of the Ministry of the Environment,
Conservation and Parks (MECP); upon successful application for
a minor variance; and provided the residential use is a permitted
75
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
use on the adjacent lands within the area of influence. (amended
by Bylaw 2022-004)*
5.35
*Agriculture - Minimum Distance Separation (MDS)
5.35.1 MDS I and MDS II
i)
Unless otherwise specified and notwithstanding any other yard
or setback provisions of this Bylaw to the contrary, no
residential, institutional, commercial, industrial, or recreation
use located on a separate lot and otherwise permitted by this
Bylaw, shall be established and no building or structure for
such use shall be erected or altered unless it complies with the
Minimum Distance Separation (MDS I) requirements applied in
accordance with the MDS I Implementation Guidelines;
ii) Notwithstanding any other yard or setback provisions of this
Bylaw, to the contrary, no livestock facility or manure storage
facility shall be erected or expanded unless it complies with the
Minimum Distance Separation (MDS II) requirements applied in
accordance with the MDS II Implementation Guidelines; and
iii) Notwithstanding the above noted provisions, where an existing
use that was in compliance with the MDS provisions is
changed, the new use shall also be subject to MDS I or MDS II
provisions, whichever is applicable. For the purposes of this
subsection, a change in the type of livestock use housed is
considered to be a change of use.
5.35.2 MDS I and MDS II Exceptions
i)
Notwithstanding any provisions of this Bylaw to the contrary
where an existing building is destroyed in full or in part by a
catastrophe and is being reconstructed in the same location
and same dimensions, then the building or structure is exempt
from MDS I or MDS II, whichever would be applicable;
ii) Notwithstanding any provisions of this Bylaw to the contrary
an empty livestock facility can be excluded from MDS II
calculations for expanding livestock facilities if a building
permit is required for altering the facilities so they are no
longer capable of housing livestock or manure;
iii) Existing lots of record with a lot area less than 1 hectare in
area are exempt from MDS 1; and
iv) Lots within the Urban and Hamlet areas as defined in the
Hastings County Official Plan are exempt from MDS I.
76
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
(amended by Bylaw 2022-004)*
5.36
SECONDARY FARM OCCUPATION
Secondary Farm Occupations, as defined herein, are permitted within the MA
zone subject to the following provisions:
i)
The secondary farm occupation is clearly secondary and incidental to
the principal use of farming on the subject property;
ii)
Not more than one (1) secondary farm occupation use shall be
permitted on a farm property;
iii)
The secondary farm occupation operation does not result in the loss
of productive farmland;
iv)
The secondary farm occupation shall only be conducted by an
individual residing on the farm property and who is physically involved
in conducting the farm operation on a day-to-day basis; one (1) full-
time equivalent employee shall be permitted in conjunction with the
secondary farm occupation;
v)
The types of uses permitted as secondary farm occupations shall be
limited to those involved in the manufacture or fabrication of goods,
uses considered to be trade occupations, and other occupations which
are primarily and directly related to agriculture and farming;
vi)
All secondary farm occupations shall be conducted inside of buildings
and/or structures;
vii)
A secondary farm operation shall be operated as part of the farm unit
and shall cease if the farm use is discontinued;
viii)
The secondary farm occupation shall not be operated in a manner
that will impede or interfere with the ability of the farmer to conduct the
farming operation on the subject property;
ix)
A secondary farm occupation shall be conducted wholly within an
accessory building or structure or structures the combined floor area
of which shall not exceed 186 square metres (2,002.2 sq. ft.).
Buildings and structures must be designed in such a manner that they
can be converted/reverted to a farming use and must be located in
proximity to the principal farm building;
77
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
x)
The minimum setback for such building(s) from the rear and side
property lines shall be 15.2 metres (50 ft.);
xi)
A separate access driveway serving the secondary farm occupation
use shall not be permitted;
xii)
Secondary farm occupations shall not be located in any front yard
and shall not be closer to any public road than the principal building
on the lot.
5.37
WATERTAKING PERMITS
All lands that are the subject of an application to the Ministry of the
Environment for a Permit to Take Water under the Ontario Water
Resources Act RSO 1990, Chapter 0.40 and the Environmental Bill of
Rights, Statutes of Ontario, 1993, Chapter 28, shall be subject to an
amendment to this By-law and shall be zoned to a special Open Space
Zone. The Municipality shall be notified in each case.
5.38
OPEN STORAGE
Open storage of goods or materials shall be permitted in those zones where
permitted only if the goods are accessory to a use permitted in the zones and in
accordance with other provisions of this By-law.
5.39
EXTERNAL DESIGN
The following building materials shall not be used for more than five (5) percent
of the exterior vertical facing of any wall of any residential building within the
Municipality:
i)
building paper;
ii)
asphalt roll-type siding;
iii)
insulbrick.
5.40
HEIGHT EXCEPTIONS
Notwithstanding the height provisions herein contained, nothing in this By-
law shall apply to prevent the erection, alteration or use of the following
accessory buildings or structures provided principal use is a use permitted
within the zone in which it is located: a church spire, barn, silo, belfry, flag
78
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
pole, light standard, clock tower, chimney, water tank, windmill, radio or
television antenna, air conditioner duct, incidental equipment required for
processing and external equipment associated with internal building
equipment.
5.41
ABANDONED EQUIPMENT
Unused and/or discarded motor vehicles, farm implements, and similar
abandoned equipment shall not be located or stored in any zone in a location
where they will be visible from a street or road or from adjacent lots.
5.42
STORAGE AND PARKING OF MOTOR VEHICLES AND TRACTOR
TRAILER TRUCKS
5.42.1 No land in the Municipality shall be used for the storage or parking of a
derelict vehicle.
5.42.2 No land in the Municipality shall be used for the parking of a motor vehicle
which is undergoing repairs unless:
i)
such repairs are affected within an enclosed building; or
ii)
such repairs are completely affected within a period of not more
than 72 consecutive hours and while the vehicle is parked upon a
driveway or rear yard as herein provided; or
iii)
such repairs are affected while the vehicle is parked in a location
such that it is not visible from any adjacent lands which are not
occupied by the owner of the vehicle.
5.42.3 No land in the Municipality shall be used for the outdoor storage of motor
vehicle parts unless such motor vehicle parts are stored in a location such
that they are not visible from any adjacent lands which are not occupied by
the owner of such parts.
5.42.4 No tractor trailer truck shall be parked overnight on a single occasion or
continuous basis within any urban residential zone (R1, R2, MR) as
established in this By-law.
5.43
SIDE YARD - MARINE FACILITIES, PRIVATE AND COMMUNAL DOCKS
5.43.1 *No Person shall cause marine facilities and private dock(s) to be
located closer than 3 metres (9.8 ft.) to any side lot line or extension
of said lot line into water.
79
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
5.43.2 No person shall cause a communal dock(s) to be located closer
than 60 metres (196.6 ft.) to any interior side lot line adjacent to a
residential zone.
5.43.3 Docks greater than ten (10) square metres shall require a Municipal
building permit. Docks greater than 15 square metres may also require
permission from the Ministry of Natural Resources.
5.43.4 For the purpose of this section, the extension of the lot line towards
and into the water shall be calculated as follows:
a. Establish a chord drawn from the mid-point of the front lot line to the
mid-point of the rear lot line;
b. At a distance of nine (9) metres (30 ft.) from the waterfront lot line,
interior to the lot, draw a chord perpendicular to the first chord above;
c. Project a line toward the water body from the waterfront lot corner at
90 degrees to the line drawn in b. above. (amended by Bylaw 2012-
045)*
5.44
TRAVEL TRAILERS, MOTORIZED MOBILE HOMES/RECREATIONAL
VEHICLES, CAMPER TRAILERS, TRUCK CAMPERS
5.44.1 *No person shall use a travel trailer, motorized mobile
home/recreational vehicle, truck camper and camper trailer in any zone
except for a Recreational/Resort Commercial Zone.
5.44.2 A maximum of one (1) motorized mobile home/recreational vehicle,
truck camper, travel trailer or camper trailer shall be permitted to be
parked or stored on a lot in a residential zone, owned by the owner of
the vehicle being parked or stored.
5.44.3 The use of any of the above mentioned or similar vehicles shall not be
used for human habitation, except in a Recreational/Resort Commercial
Zone.
5.44.4 The above-named vehicles shall not be used in any zone for carrying
on business.
5.44.5 Exception to subsection 5.44.1 of this By-law may be permissible upon
successful application and acceptance of both a septic permit and a
complete application to build. Installation of the septic system must be
within three months of the date of approval and there must be
80
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
reasonable progression (70 percent) of the construction of the
proposed dwelling within the year.
The allowable time limit will be one (1) year from the date of septic
approval. However, if this is not sufficient time to complete the project,
then a written request to the Chief Building Official is required subject
to approval. (amended by Bylaw 2011-031)*
5.45
MODULAR HOMES
5.45.1 A modular home shall be permitted in any residential zone, subject to the
following:
i)
a building permit is required to erect a modular home;
ii)
modular homes may be permitted but are required to be
placed on a permanent foundation;
iii)
servicing for modular homes must be approved by the Chief Building
Official.
5.46
FENCES
No fence exceeding a maximum height of 1.8 metres (5.9 ft.) shall be
erected in any residential zone. Notwithstanding the above, a fence in
excess of 1.8 metres (5.9 ft.) in height may be erected for a public use or
where municipal/provincial/federal regulations require a fence to be erected
in excess of 1.8 metres (5.9 ft.) notwithstanding Section 5.24.
5.47
KENNELS
5.47.1 Kennels shall be separated from a residential use by a minimum of 200
metres (656.2 ft.).
5.47.2 No more than 12 dogs over the age of four (4) months shall be kept in the
kennels.
5.47.3 No kennel shall be erected within 45 metres (147.6 ft.) of the lot line of
adjacent lands which are held in separate and distinct ownership.
5.47.4 Enclosed exercise areas or runs shall be provided.
5.47.5 A minimum of 9.3 square metres (100 sq. ft.) shall be provided for each
81
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
animal.
5.47.6 Where a kennel existed as of the date of passing of this By-law which does not
comply with the foregoing setback or yard requirements, such kennel shall not
be extended, enlarged, reconstructed or altered if the effect of such
extension, enlargement, reconstruction or alteration thereof is to further
reduce or encroach on the setback, yard or yards that is or are less than
required.
5.48
LIMITED SERVICE RESIDENTIAL DEVELOPMENT
Development that is proposed on a lot located on a private road or with water
access only shall be rezoned to a Limited Service Residential Zone before a
building permit may be issued by the Municipality.
Legal access to the lot shall be proven, to the satisfaction of the Municipality,
before a building permit may be issued.
A limited service agreement shall be entered into with the Municipality
before a building permit may be issued. This shall ensure that the
Municipality does not maintain and will not be expected to maintain the
private road leading to the property or perform any other services normally
associated with public highways in the Municipality.
5.49
MINIMUM GROSS FLOOR AREA IN A DWELLING UNIT
i)
*Single detached dwelling, including triplex, fourplex,
townhouse, row house and low-rise apartment complex in the
RESIDENTIAL FIRST DENSITY (RI) ZONE and in the
RESIDENTIAL SECOND DENSITY (R2) ZONE shall be a minimum
gross floor area of 60.38 square metres (650 sq. ft.).
ii)
Single detached dwelling, including triplex, fourplex,
townhouse, row house and low-rise apartment complex in the
MARGINAL AGRICULTURAL (MA) ZONE, in the RURAL
RESIDENTIAL (RR) ZONE, LIMITED SERVICE RESIDENTIAL
(LSR) ZONE where the land is not adjacent to waterbody or
watercourse and in the LIMITED SERVICE RESIDENTIAL ISLAND
(LSRI) ZONE shall be a minimum gross floor area of 35.67
square metres (384 sq. ft.).
iii)
Seasonal dwelling shall be a minimum gross floor area of 58.99
square metres (635 sq. ft.).
iv)
Converted dwelling shall be a minimum gross floor area of 42
82
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
square metres (452.1 sq. ft.). (amended by Bylaw 2019-076)*
v)
*An additional dwelling unit shall have a minimum gross floor
area allowed pursuant to the Ontario Building Code. (added by
Bylaw 2019-076; amended by Bylaw 2022-004)*
5.50
Additional Dwelling Units
5.50.1 *An additional dwelling unit shall only be permitted:
i)
In the Marginal Agriculture (MA), Rural Residential (RR),
Residential First Density (R1), Residential Second Density (R2),
and Multiple Residential (MR) Zones;
ii)
Within a single detached dwelling, semi-detached dwelling, or
rowhouse dwelling where such use is listed as a permitted use
within the Zone; or
iii)
Within a building or structure accessory to a single detached
dwelling, semi-detached dwelling, or rowhouse dwelling where
such use is listed as a permitted use within the Zone and
located on the same lot.
iv)
For clarity, where an additional dwelling unit is permitted, the
additional dwelling unit may exist within the principal structure,
within an accessory structure, or both.
5.50.2 An additional dwelling unit shall not be located on a lot abutting any
lake identified as "at-capacity" cold water lake trout lake as identified
by Section 4.2.5 of the Official Plan.
5.50.3 The following provisions shall apply to regulate and govern the use of
an additional dwelling unit:
i)
An additional dwelling unit shall not be permitted upon an
existing undersized lot or upon a lot with deficient frontage or
upon a lot in the Waterfront Residential (WR) Zone;
ii)
An additional dwelling unit shall only be permitted on a lot
benefitting from frontage upon a "Public Road".
iii)
An additional dwelling unit shall not be permitted within the
regulated floodplain area;
iv)
Where an additional dwelling unit is situated in an accessory
structure, said structure shall comply with the requirements of a
83
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
principal structure in the applicable zone;
v)
Notwithstanding subsection iv), above, where an additional
dwelling unit is situated in an accessory structure, the
"Maximum Lot Coverage" of all "Accessory Building(s)" upon
the lot shall be ten (10) percent;
vi)
An additional dwelling unit shall not be permitted where three
(3) or more "Dwelling Units" exist upon a lot;
vii)
Three (3) dwelling units shall not be permitted within one (1)
structure;
viii)
A minimum of one (1) parking space shall be provided for the
exclusive use of the occupier(s) of each additional dwelling
unit;
ix)
All other provisions of this By-law shall apply. (added by Bylaw
2019-002; amended by Bylaw 2022-004)*
5.51 *Cannabis
5.51.1 Cannabis Production and Processing Facility
i)
No lands, building, structure or portion thereof used for Cannabis
Production and Processing purposes that is equipped with air
treatment control situated in the Urban Industrial (UI) Zone or the
Rural Industrial (RI) Zone shall be located closer than 70 metres to
any Zone permitting a residential use, Institutional Zone, or Open
Space Zone;
ii) No lands, building, structure, or portion thereof used for Cannabis
Production and Processing purposes that is equipped with air
treatment control situated in the Urban Industrial (UI) Zone or the
Rural Industrial (RI) Zone shall be located closer than 70 metres to
any dwelling, public school, private school, place of worship, or day
care nursery;
iii) A Cannabis Production and Processing Facility shall only be
located wholly within an enclosed building or structure;
iv) An accessory building or structure used for security purposes for
Cannabis Production and Processing Facility may be located in the
required yard and does not have to comply with the required
minimum setbacks;
v) Outdoor storage of goods, materials and matters composed of
cannabis or cannabis by-product is prohibited on the property in
84
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
which the Cannabis Production and Processing Facility is located
and adjacent lands;
vi) That appropriate private water and septic systems are in place,
before a site-specific zoning bylaw amendment, in accordance with
approved hydrogeological or water quality assessments. A County
of Hastings peer review of the hydrogeological study will be
conducted.
vii) Cannabis Production and Processing Facility shall only be
permitted within the zones as explicitly indicated in a site-specific
zoning bylaw amendment; and
viii) All development in relation to the establishment of or expansion of
Cannabis Production and Processing Facility shall be subject to
Site Plan Control. (added by Bylaw 2022-004)*
5.52 *Group Home
Notwithstanding any provision to the contrary a group home is permitted in
all zones that permit a single detached dwelling accessed and serviced by
a year round publicly maintained road. (added by Bylaw 2022-004)*
5.53 *Abandoned Mines
i)
Where the location and extent of an abandoned mine site can be
confirmed in consultation with the Ministry of Northern Development,
Mines, Natural Resources and Forestry (MNDMNRF), such lands may
be denoted within an appropriate hazard zoning to prohibit
development and be maintained on such lands until rehabilitation of
such lands is approved by the Ministry of Northern Development;
ii)
Development on, abutting or adjacent to lands affected by mine
hazards or former mineral mining operations shall be permitted only if
rehabilitation measures to address and mitigate known or suspected
hazards are underway or have been completed to the satisfaction of
the Ministry of Northern Development, Mines, Natural Resources and
Forestry (MNDMNRF). (added by Bylaw 2022-004)*
85
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
SECTION 6 - MA - MARGINAL AGRICULTURE ZONE
6.1
Within a MA - Marginal Agriculture Zone, no person shall use any land, erect,
alter, enlarge, use or maintain any building or structure for any use other than
as permitted in this section and also such use, building or structure shall
be in accordance with the regulations contained or referred to in this
section.
6.2
PERMITTED USES
i)
agricultural uses, including a livestock facility;
ii)
conservation uses, including forestry, reforestation and other
activities connected with the conservation of soil or wildlife;
iii)
wood lots;
iv)
wayside pits and quarries;
v)
open space uses;
vi)
a kennel;
vii)
an apiary;
viii)
a fur farm;
ix)
a riding club or boarding stable;
x)
a greenhouse, nursery, garden centre;
xi)
a golf course;
xii)
passive recreational outdoor uses;
xiii)
a warehouse;
xiv)
a grain drying facility;
xv)
a livestock assembly area or a livestock exchange;
xvi)
a hunt camp;
xvii)
a single detached dwelling;
xviii)
a bed and breakfast establishment;
xix)
a research facility;
xx)
an agricultural produce sales outlet;
xxi)
an accessory building or use to the above uses, including a single
86
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
detached dwelling as an accessory use to agriculture;
xxii)
a Type 'A' and Type 'B' home occupation, in accordance with the
provisions of Section 5.29 of this By-law;
xxiii)
a Type 'A' and Type 'B' home industry, in accordance with the
provisions of Section 5.30 of this By-law;
xxiv) a secondary farm occupation in accordance with the provisions of
Section 5.37 of this By- law;
xxv)
logging;
xxvi) outdoor recreational uses such as hiking and cross-country ski trails;
and
xxvii) *agricultural-related uses. (added by Bylaw 2022-004)*
6.3
ZONE REGULATIONS
a)
For the Principal Building
i)
Lot Area (Minimum) -
4 hectares (9.88 acres).
ii)
Lot Frontage (Minimum) -
45.7 metres (150 ft.).
iii)
Building Height (Maximum)
a)
Agricultural Uses -
45 metres (147.6 ft.).
b)
All other uses -
25 metres (82.0 ft.).
iv)
Front Yard and
Exterior Side Yard Minimum)
20 metres
(65.6 ft.)
v)
Interior Side Yard (Minimum) -
5 metres
(16.4 ft.).
vi)
Rear Yard (Minimum) -
20 metres
(65.6 ft.).
vii)
No building or structure used for the housing, training or care of
animals in conjunction with a kennel as defined in this By-law,
shall be located less than 150 metres (492.1 ft.) from a
residential zone or existing residential use.
87
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
viii)
*deleted by Bylaw 2023-011.*
ix)
*deleted by Bylaw 2023-012.*
x)
Off-street parking shall be provided in accordance with section
5.31.
xi)
Livestock facilities shall be located in accordance with Section
5.35.
b)
For Accessory Buildings Not Attached to the Principal Building
i)
Rear Yard (Minimum)
3.0 metres (9.8 ft.)
ii)
Interior Side Yard (Minimum)
3.0 metres (9.8 ft.)
iii)
*Exterior Side Yard (Minimum)
10 metres (32.8 feet)
(amended by Bylaw 2023-011)*
iv)
*Building Height (Maximum)
11 metres (36.1 feet).
(added by Bylaw 2023-012)*
v)
*Front Yard (Minimum)
10 metres (32.8 feet)
(amended by Bylaw 2023-011)*
c)
For Hunt Camps
Notwithstanding other provisions of this By-law, hunt camps shall be
subject to the following special provisions in addition to all other
applicable provisions of this By-law:
i)
*Lot area (Minimum) - 20 hectares (50 acres). (amended by
Bylaw 2022-004)*
ii)
The minimum distance of buildings or structures from a
residential zone shall be 200 metres (656.2 ft.).
iii)
A building permit shall be required for any buildings or
structures on the site.
iv)
The Chief Building Official shall decide if buildings or structures
on the site are fit for human occupancy. Cottage Standards as
outlined in the Ontario Building Code may be applied.
88
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
d)
For Logging Operations
Notwithstanding other provisions of this By-law, no clear-cut logging
operation shall be permitted within:
i)
600 metres (1,968.5 ft.) of settlement areas or urban areas;
ii)
120 metres (393.7 ft.) of an area zoned Open Space;
iii)
120 metres (393.7 ft.) from the highwater mark of any lake,
river or stream, except an intermittent stream;
iv)
60 metres (196.8 ft.) from the boundary of a Provincial Highway;
v)
23 metres (75.5 ft.) from the boundary of a Township Road; and
vi)
30 metres (98.4 ft.) from a residence on an adjacent property.
Nothing in this By-law shall prevent the selective cutting, as defined in this
By-law, of mature timber within such distances.
e)
*For Wind Turbines
A wind turbine is permitted anywhere in the zoned area subject to
the following provisions:
i)
Minimum water setback - 66 feet
ii)
Minimum lot line setback (front) - 1.25 times times the wind
turbine height
iii)
Minimum lot line setback (exterior side) - 1.25 times the
wind turbine height;
iv)
Minimum lot line setback (interior side) - 1.25 times the
wind turbine height;
v)
Minimum lot line setback (rear) - 1.25 times the wind turbine
height;
vi)
Maximum wind turbines per lot - 1 up to 5 acres;
vii)
Maximum wind turbine height - 38 metres; and
viii)
The wind turbine should be in compliance with any
setbacks/regulations hydro one has enforced. (Bylaw 2007-
89
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
050)*
f)
*For Agriculture-Related Uses
Notwithstanding other provisions of this Bylaw, agriculture-related
uses shall be subject to the following special provisions in addition
to all other applicable provisions of this Bylaw:
i)
An approved agricultural impact assessment that
summarizes all potential impacts to surrounding
agricultural operations and appropriate mitigation
measures is prepared, if required;
ii)
The completion and review of a hydrogeological or water
quality assessment, if required, to determine the impact of
the proposed use on ground and surface water, including
the disposal of any related wastes;
iii)
A stormwater management report detailing the drainage
requirements of the area, if required;
iv)
Site plan approval and a site plan agreement, if required. On-
site parking, outside storage of goods or materials, lighting,
signage and the buffering and landscaping of the site should
be provided to minimize the impact of such uses from the
adjacent road and properties;
v)
Where possible these uses should be located on areas
exhibiting poorer quality soils and conditions for farm
purposes. (added by Bylaw 2007-050)
6.4
GENERAL PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where
applicable, to any land, lot, building, structure or use within the MA - Marginal
Agriculture Zone.
90
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
SECTION 7 - RR - RURAL RESIDENTIAL ZONE
7.1
Within a RR - Rural Residential Zone, no person shall use any land, erect,
alter, enlarge, use or maintain any building or structure for any use other
than as permitted in this section and also such use, building or structure
shall be in accordance with the regulations contained or referred to in
this section.
7.2
PERMITTED USES
i)
a single detached dwelling;
ii)
accessory buildings or use;
iii)
a Type 'A' or Type 'B' Home Occupation in accordance with the
provisions of Section 5.29 of this By-law;
iv)
a Type 'A' Home Industry in accordance with the provisions of
Section 5.30 of this By- law;
v)
a bed and breakfast establishment; and
vi)
a garden suite (see Section 5.33).
7.3
ZONE REGULATIONS
a)
For Single Detached Dwellings
i)
Lot Area (Minimum)
4000 sq. metres (43,057.1 sq.
ft.)
ii)
Lot Frontage (Minimum)
45.7 metres (150.1 ft.)
iii)
Front Yard (Minimum)
20 metres (65.6 ft.)
iv)
Rear Yard (Minimum)
10 metres (32.8 ft.)
v)
Interior Side Yard (Minimum)
3 metres (9.8 ft.)
vi)
Exterior Side Yard (Minimum)
20 metres (65.6 ft.)
91
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
vii)
Gross Floor Area (Minimum)
35.67 sq. metres (384 sq. ft.)
viii)
Lot Coverage (Maximum)
30 percent
ix)
Building Height (Maximum)
11 metres (36.1 ft.)
x)
Off-street parking shall be provided in accordance with Section
5.31.
b)
For Accessory Buildings Not Attached To The Principal Building
i)
Rear Yard (Minimum)
3 metres (9.8 ft.)
ii)
Interior Side Yard (Minimum)
3 metres (9.8 ft.)
iii)
*Exterior Side Yard (Minimum)
10 metres (32.8 feet)
(amended by Bylaw 2023-011)*
iv)
*Building Height (Maximum)
11 metres (36.1 feet)
(amended by Bylaw 2023-012)*
v)
*Front Yard (Minimum)
10 metres (32.8 feet)
(added by Bylaw 2023-011)*
7.4
GENERAL PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where
applicable, to any land, lot, building, structure or use within the RR - Rural
Residential Zone.
92
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
SECTION 8 - LSR - LIMITED SERVICE RESIDENTIAL ZONE
8.1
Within a LSR - Limited Service Residential Zone, no person shall use any
land, erect, alter, enlarge, use or maintain any building or structure for any
use other than as permitted in this section and also such use, building or
structure shall be in accordance with the regulations contained or referred
to in this section.
In a Limited Service Residential Zone, there is no commitment or
requirement by the Municipality to assume responsibility for ownership or
maintenance of any private road, or for garbage collection. Due to road
conditions of privately maintained roads, there is no commitment or
requirement by the Municipality to ensure that emergency vehicles can
access privately owned roads. The intent of the Limited Service Residential
Zone is to recognize residential development on private roads or lanes.
8.2
PERMITTED USES
i)
a seasonal dwelling;
ii)
a single detached dwelling;
iii)
an accessory building or use, *including a cabin, sleeping/Bunkie
(amended by Bylaw 2010-012)*;
iv)
a Type 'A' home occupation, in accordance with the provisions of
Section 5.29 of this By-law.
8.3
ZONE REGULATIONS
a)
For the Principal Building
i)
*Lot Area (Minimum) - 0.8 hectare (2 acres) for waterfront
properties and 0.4 hectare (1 acre) for properties not on a
waterfront. (amended by Bylaw 2022-004)*
ii)
Lot Frontage on a Private Road and/or a Navigable Waterway
(Minimum) -
46 metres (150.1 ft.)
iii)
Front Yard (Minimum) -
10 metres (32.8 ft.)
93
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
iv)
Rear Yard (Minimum) -
10 metres (32.8 ft.)
v)
Interior Side Yard (Minimum) - 3 metres (9.8 ft.)
vi)
Exterior Side Yard (Minimum) -
3 metres (9.8 ft.)
vii)
Gross Floor Area (Minimum), excluding for lands adjacent to
waterbodies and watercourses -
35.67 sq. metres (384 sq.
ft.)
viii)
Gross Floor Area (Minimum) lands adjacent to waterbodies and/or
watercourses -
74.3 sq. metres (800 sq.
ft.)
ix)
Lot Coverage (Maximum) -
30 percent
x)
Building Height (Maximum) -
11 metres (36.1 ft.)
xi)
Off-street parking shall be provided in accordance with Section
5.31
b)
For Accessory Buildings Not Attached To The Principal Building
i)
Rear Yard (Minimum) -
3 metres (9.8 ft.)
ii)
Interior Side Yard (Minimum) -
3 metres (9.8 ft.)
iii)
Exterior Side Yard (Minimum) -
3 metres (9.8 ft.)
iv)
Building Height (Maximum) -
4.5 metres (14.8 ft.)
v)
*(deleted by Bylaw 2010-012)*
c)
Vegetative Buffer Adjacent To The Shoreline
i)
*a natural vegetative buffer strip 30 metres (98.4 ft.) in width
shall be maintained. (amended by Bylaw 2022-005)*
d)
For Lots on a Narrow Water Body
94
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
W here a lot (with or without road frontage) fronts on a narrow water
body as defined in this by-law, the required water frontage shall be 100
metres (328.1 ft.).
8.4
GENERAL PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where
applicable, to any land, lot, building, structure or use within the LSR - Limited
Service Residential Zone.
95
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
SECTION 9 - LSRI - LIMITED SERVICE RESIDENTIAL ISLAND ZONE
9.1
Within a LSRI - Limited Service Residential Island Zone, no person shall use
any land, erect, alter, enlarge, use or maintain any building or structure for
any use other than as permitted in this section and also such use, building
or structure shall be in accordance with the regulations contained or referred
to in this section.
In a Limited Service Residential Island Zone, there is no commitment or
requirement by the Municipality to assume responsibility for ownership or
maintenance of any private road, parking area, to provide access between
an island and the mainland, or to provide garbage collection. Due to road
conditions of privately maintained roads, there is no commitment or
requirement by the Municipality to ensure that emergency vehicles are able
to access privately owned roads. The intent of the Limited Service
Residential Island Zone is to recognize residential development on private
roads or lanes and on islands which are accessible by water only.
9.2
PERMITTED USES
i)
a seasonal dwelling;
ii)
an accessory building or use, *including a cabin, sleeping/bunkie
(amended by Bylaw 2010-012)*;
iii)
a Type 'A' and Type 'B' home occupation, in accordance with the
provisions of Section 5.29 of this By-law.
9.3
ZONE REGULATIONS
a)
For the Principal Building
i)
Lot Area (Minimum) -
2.0 hectares (4.9 acres)
ii)
Lot Water Frontage (Minimum) -
60 metres (196.9 ft.)
iii)
Lot Width at Rear Lot Line (Minimum) 45 metres (147.6 ft.)
iv)
Front Yard (Minimum) -
10 metres (32.8 ft.)
v)
Rear Yard (Minimum) -
10 metres (32.8 ft.)
vi)
Interior Side Yard (Minimum) -
3 metres (9.8 ft.)
96
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
vii)
Exterior Side Yard (Minimum) -
3 metres (9.8 ft.)
viii)
Gross Floor Area (Minimum) -
35.67 sq. metres (384
sq. ft.)
ix)
Lot Coverage (Maximum) -
30 percent
x)
Building Height (Maximum) -
11 metres (36.1 ft.)
xi)
Off-street parking shall be provided in accordance with Section
5.31 of this By-law, on the mainland, and to the satisfaction of
the Municipality that enough land and mooring facilities are
available.
xii)
Where communal docking facilities are proposed, such
facilities shall be located a minimum of 60 metres (196.9 ft.)
from the nearest residential use, residential land use
designation or residential zone.
b)
For Accessory Buildings Not Attached To The Principal Building
i)
Rear Yard (Minimum) -
3 metres (9.8 ft.)
ii)
Interior Side Yard (Minimum) -
3 metres (9.8 ft.)
iii)
Exterior Side Yard (Minimum) -
3 metres (9.8 ft.)
iv)
Building Height (Maximum) -
4.5 metres (14.8 ft.)
v)
Setback from highwater mark or flood line of a body of water,
whichever is the greater than 30 metres (98.4 ft.)
vi)
In the case of boathouses and docks, where a rear yard or
interior side yard abuts a body of water, then such rear yard
and/or interior side yard may be reduced to zero (0) metres.
c)
Vegetative Buffer Adjacent To The Shoreline
i)
*a natural vegetative buffer strip 30 metres (98.4 ft.) in width
shall be maintained. (amended by Bylaw 2022-005)*
d)
For Lots on a Narrow Water Body
97
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
Where a lot (with or without road frontage) fronts on a narrow water
body as defined in this By-law, the required water frontage shall be 100
metres (328.1 ft.)
9.4
GENERAL PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where
applicable, to any land, lot, building, structure or use within the LSRI -
Limited Service Residential Island Zone.
98
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
SECTION 10 - WR - WATERFRONT RESIDENTIAL ZONE
10.1
Within a WR - Waterfront Residential Zone, no person shall use any land,
erect, alter, enlarge, use or maintain any building or structure for any use
other than as permitted in this section and also such use, building or
structure shall be in accordance with the regulations contained or referred to
in this section.
10.2
PERMITTED USES
i)
a single detached dwelling (may have a garden suite);
ii)
a seasonal dwelling *, including a cabin, sleeping/Bunkie (amended
by Bylaw 2010-012)*;
iii)
an accessory building or use;
iv)
a Type 'A' and Type 'B' home occupation, in accordance with the
provisions of Section 5.29 of this By-law;
v)
(deleted by Bylaw 2022-004)
10.3
ZONE REGULATIONS
a)
For the Principal Building
i)
Lot Area (Minimum) -
4,000 sq. metres (43,057.1 sq.
ft.)
ii)
Road Frontage (Minimum) -
46 metres (150.1 ft.)
iii)
Water Frontage (Minimum) -
46 metres (150.1 ft.)
iv)
Front Yard (Minimum) -
20 metres (65.6 ft.)
v)
Rear Yard (Minimum) -
30 metres (98.4 ft.)
vi)
Interior Side Yard (Minimum) - 3 metres (9.8 ft.)
vii)
Exterior Side Yard (Minimum) - 20 metres (65.6 ft.)
viii)
Gross Floor Area (Minimum) - 74.3 sq. metres (800 sq. ft.)
ix)
Lot Coverage (Maximum) -
30 percent
x)
Building Height (Maximum) -
11 metres (36.1 ft.)
xi)
Off-street parking shall be provided in accordance with Section
5.31.
b)
For Accessory Buildings Not Attached To The Principal Building
i)
Rear Yard (Minimum) -
3 metres (9.8 ft.)
ii)
Interior Side Yard (Minimum) - 3 metres (9.8 ft.)
99
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
iii)
*Exterior Side Yard (Minimum)
10 metres (32.8 feet)
(amended by Bylaw 2023-011)*
iv)
Building Height (Maximum) -
4.5 metres (14.8 ft.)
v)
*Front Yard (Minimum)
10 metres (32.8 feet)
(added by Bylaw 2023-011)*
c)
Vegetative Buffer Adjacent To The Shoreline
i)
*a natural vegetative buffer strip 30 metres (98.4 ft.) in width
shall be maintained. (amended by Bylaw 2022-005)*
d)
For Lots on a Narrow Water Body
Where a lot (with or without road frontage) fronts on a narrow water body as
defined in this By-law, the required water frontage shall be 100 metres (328.1
ft.).
10.4
GENERAL PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where
applicable, to any land, lot, building, structure or use within the WR -
Waterfront Residential Zone.
100
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
SECTION 11 - MHR - MOBILE HOME RESIDENTIAL ZONE
11.1
Within a MHR - Mobile Home Residential Zone, no person shall use any
land, erect, alter, enlarge, use or maintain any building or structure for any
use other than as permitted in this section and also no person shall within
any MHR zone use any lot or install, place, erect, alter or use any building
or structure unless such lot is served by a communal water system and a
sanitary sewer systems and except in accordance with the regulations
contained or referred to in this section.
11.2
PERMITTED USES
i)
mobile home,
ii)
an accessory dwelling,
iii)
mobile home park,
iv)
mobile home park management office,
v)
a public use,
vi)
a recreational use accessory to a mobile home park.
11.3
ZONE REGULATIONS
a)
For an individual mobile home, the standards shall be the same
as in Section 7.3 - RR Rural Residential, subsections a) and b),
except for the following:
i)
Building Height (Maximum) -
5 metres (16.4 ft.)
b)
For Mobile Home Parks
i)
Lot Area (Minimum) -
3 hectares (7.4 acres)
ii)
Lot Frontage (Minimum) -
60 metres (196.9 ft.)
iii)
Interior Side Yard (Minimum) -
7.6 metres (24.9 ft.)
iv)
Exterior Side Yard (Minimum) -
13.5 metres (44.3 ft.)
v)
Rear Yard (Minimum) -
7.6 metres (24.9 ft.)
vi)
Dwelling Unit area for accessory -
74 sq. metres
(796.6 sq. ft.) dwelling house
vii)
Landscaped Area (Minimum) -
30 percent
viii)
Accessory Dwellings per lot
1 (Maximum)
11.4
GENERAL PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where
applicable, to any land, lot, building, structure or use within the MHR - Mobile
Home Residential Zone.
101
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
SECTION 12 - R1 - RESIDENTIAL FIRST DENSITY ZONE
12.1
Within a R1 - Residential First Density Zone, no person shall use any land,
erect, alter, enlarge, use or maintain any building or structure for any use
other than as permitted in this section and also such use, building or
structure shall be in accordance with the regulations contained or referred to
in this section.
12.2
PERMITTED USES
i)
a single detached dwelling;
ii)
a public park;
iii)
an accessory building or use to the above uses;
iv)
a Type 'A' and Type 'B' home occupation, according to the
provisions of Section 5.29 of this By-law;
v)
a Type 'A' home industry, according to the provisions of Section 5.30
of this By-law.
12.3
ZONE REGULATIONS
a)
For a Single Detached Dwelling
i)
Lot Area (Minimum)
- public water and sanitary sewers - 550 sq. metres (5,920.3
sq. ft.)
- public water and private sewage disposal system - 1,110 sq.
metres (11,840.7 sq. ft.)
- private water and private sewage disposal system - 4,000 sq.
metres (43,057.1 sq. ft.)
ii)
Lot Frontage (Minimum)
- public water and sanitary sewers - 18 metres (59.1 ft.)
(except in the case of a corner lot for which the minimum lot
frontage shall be 21 metres)
- public water and private sewage disposal system- 24 metres
(78.7 ft.)
- private water and private sewage disposal system - 45 metres
(147.6 ft.)
iii)
Lot Coverage (Maximum) (all buildings) -
25 percent
iv)
Building Height (Maximum) -
11 metres (36.1 ft.)
v)
Landscaped Open Space (Minimum) -
30 percent
vi)
Number of Dwelling Houses per Lot (Maximum) - 1
vii)
Number of Dwelling Units per Lot (Maximum) - 1
viii)
Minimum Yard Provisions:
-
Front or Rear Yard Depth -
7.5 metres
102
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
-
Interior Side Yard Width -
2 metres
-
Exterior Side Yard Width -
4.5 metres
ix)
Off-street parking shall be provided in accordance with Section
5.31.
x)
Gross Floor Area (Minimum) -
60.38 sq. metres (650 sq.
ft.).
b)
For accessory Buildings not Attached to the Principal Building
i)
*Rear Yard (Minimum)
2.5 metres (8.2 ft.)
ii)
Interior Side Yard (Minimum)
2.5 metres (8.2 ft.)
iii)
Exterior Side Yard (Minimum)
7.5 metres (24.6 ft.)
(amended by Bylaw 2004-062)*
iv)
*Building Height (Maximum)
11 metres (36.1 ft.)
(amended by Bylaw 2023-012)*
12.4
GENERAL PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where
applicable, to any land, lot, building, structure or use within the R1 - Residential
First Density Zone.
Where a dwelling which existed at the time of the passing of this By-law is
located on a lot in the R1 Zone, such dwelling and lot shall be deemed to
comply with all the requirements of the R1 Zone.
Where a dwelling which existed at the time of the passing of this By-law is
located on a lot in the R1 Zone, such dwelling may be extended, enlarged
or improved provided the yards existing at the time of the passing of this By-
law are not reduced in depth and, where any such yards are greater in depth
than the minimum required by this By-law, such yards may be reduced to the
minimum yards required by this By-law and provided also that such dwelling
continues to be used in the same manner and for the same purpose it
was used on the date of passing of this by-law.
103
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
SECTION 13 - R2 - RESIDENTIAL SECOND DENSITY ZONE
13.1
Within a R2 - Residential Second Density Zone, no person shall use any
land, erect, alter, enlarge, use or maintain any building or structure for any
use other than as permitted in this section and also such use, building or
structure shall be in accordance with the regulations contained or referred to
in this section.
13.2
PERMITTED USES
i)
a single detached dwelling;
ii)
a semi-detached dwelling;
iii)
a duplex dwelling;
iv)
a converted dwelling;
v)
a boarding or rooming house;
vi)
a public park;
vii)
an accessory building or use to the above uses;
viii)
a Type 'A' and Type 'B' home occupation, according to the
provisions of Section 5.29 of this By-law;
ix)
a Type 'A' home industry, according to the provisions of Section 5.30
of this By-law.
13.3
ZONE REGULATIONS
a)
For a Single Detached Dwelling and Accessory Buildings
Not Attached to the Principal Building
According to the provisions of the R1 Zone of this By-law.
b)
For a Semi-Detached Dwelling, A Duplex Dwelling, A Boarding
or Rooming House and a Converted Dwelling
i)
Lot Area (Minimum)
- public water and sanitary sewers - 800 sq. metres (8,611.4 sq.
ft.)
- public water and private sewage disposal - 1,600 sq. metres
(17,222.8 sq. ft.)
- private water and sewage disposal - 6,000 sq. metres
(64,585.6 sq. ft.)
ii)
Lot Frontage (Minimum)
- public water and sanitary sewers - 21 metres (68.9 ft.)
- public water and private sewage disposal - 45 metres (147.6
ft.)
104
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
- private water and sewage disposal - 60 metres (196.8 ft.)
iii)
Front Yard (Minimum) - 10 metres (32.8 ft.)
iv)
Rear Yard (Minimum) - 10 metres (32.8 ft.)
v)
Interior Side Yard (Minimum) - 3 metres (9.8 ft.)
vi)
Exterior Side Yard (Minimum) - 10 metres (32.8 ft.)
vii)
Gross Floor Area (Minimum) - 120.76 sq. metres (1,300 sq. ft.)
viii)
Lot Coverage (Maximum) - 30 percent
ix)
Building Height (Maximum) - 11 metres (36.1 ft.)
x)
Off-street parking shall be provided in accordance with Section
5.31.
c)
For a Converted Dwelling and a Boarding or Rooming House
i)
The minimum gross floor area of a one-bedroom dwelling unit
shall be 42 sq. metres (452.1 sq. ft.) plus an additional 13 sq.
metres (139.9 sq. ft.) for each additional bedroom.
ii)
The minimum lot area per dwelling unit shall be 1400 sq.
metres (15,070.0 sq. ft.) (for a converted dwelling).
iii)
No addition or enlargement shall be made to the external
walls or roof of the dwelling.
iv)
No external stairway other than an open fire escape shall be
provided.
v)
Such dwelling shall be certified by the Chief Building Official
to be structurally suitable for such conversion.
vi)
The 3 metre (9.8 ft.) strip immediately adjacent to any lot line
shall be landscaped.
vii)
Off-street parking shall be provided in accordance with Section
5.31.
viii)
The sewage disposal system shall be inspected and
approved by the appropriate authority.
d)
For Accessory Buildings Not Attached To The Principal Building
i)
Rear Yard (Minimum) -
2.5 metres (8.2 ft.)
ii)
Interior Side Yard (Minimum) -
2.5 metres (8.2 ft.)
iii)
Exterior Side Yard (Minimum) -
7.5 metres (24.6 ft.)
iv)
Building Height (Maximum) -
4.5 metres (14.8 ft.)
13.4
GENERAL PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where
applicable, to any land, lot, building, structure or use within the R2 -
Residential Second Density Zone.
105
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
SECTION 14 - MR - MULTIPLE RESIDENTIAL ZONE
14.1
Within an MR - Multiple Residential Zone, no person shall use any land,
erect, alter, enlarge, use or maintain any building or structure for any use
other than as permitted in this section and also such use, building or
structure shall be in accordance with the regulations contained or referred
to in this section.
14.2
PERMITTED USES
i)
multiple dwelling including triplex, fourplex, townhouse and low-rise
apartment complex,
ii)
a senior citizen multiple dwelling,
iii)
a converted dwelling,
iv)
a Type 'A' home occupation in accordance with Section 5.29,
v)
a public park,
vi)
an accessory building or use to the above uses.
14.3
ZONE REGULATIONS
a)
For the Principal Building (Multiple Residential Development
will be permitted only on full public services)
i)
Lot Area (whichever is greater)
a)
Minimum -
8000 sq. metres
(86,114.1 sq. ft.)
b)
Min. Per Dwelling Unit -
800 sq. metres (8,611.4
sq. ft.)
ii)
Lot Frontage (Minimum) -
60 metres (196.9 ft.)
iii)
Front Yard (Minimum) -
10 metres (32.8 ft.)
iv)
Rear Yard (Minimum) -
10 metres (32.8 ft.)
v)
Interior Side Yard (Minimum):
a)
to a wall of a building containing windows to habitable
rooms -
8 metres (26.2 ft.)
b)
to a wall of a building containing no windows to habitable
rooms -
3 metres (9.8 ft.)
vi)
Interior Side Yard (Minimum) (between dwelling units) - nil
vii)
Exterior Side Yard (Minimum) -
10 metres (32.8 ft.)
viii)
Building Height (Maximum) -
11 metres (36.1 ft.)
ix)
Lot Coverage (Maximum) -
30 percent
x)
Gross Floor Area in multiple dwelling (Min.) 35.67 sq. metres
(384 sq. ft.)
xi)
Guest Room Area in Senior Citizen M ultiple Dwelling
106
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
(Minimum) -
23 sq. metres (247.6
sq. ft.) for each room
xii)
Minimum number o f dwelling units in one
principal building -
3
xiii)
Off-street parking shall be provided in accordance with Section
5.31.
b)
For Accessory Buildings Not Attached To The Principal Building
i)
Rear Yard (Minimum) -
2.5 metres (8.2 ft.)
ii)
Interior Side Yard (Minimum) -
2.5 metres (8.2 ft.)
iii)
Exterior Side Yard (Minimum) -
10 metres (32.8 ft.)
iv)
Building Height (Maximum) -
4.5 metres (14.8 ft.)
c)
For a Converted Dwelling
i)
The minimum gross floor area of a one-bedroom dwelling unit
shall be 40 sq. metres (430.6 sq. ft.) plus an additional 10 sq.
metres (107.6 sq. ft.) for each additional bedroom.
ii)
The minimum lot area per dwelling unit shall be 1,400 sq.
metres (15,070.0 sq. ft.).
iii)
No external stairway other than an open fire escape shall be
provided.
iv)
Such dwelling shall be certified by the Chief Building Official
to be structurally suitable for such conversion.
v)
The 3 metre (9.8 ft.) strip immediately adjacent to any lot line
shall be landscaped.
vi)
Off-street parking shall be provided in accordance with Section
5.31.
vii)
The sewage disposal system has been inspected and
approved by the appropriate authority.
14.4
GENERAL PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where
applicable, to any land, lot, building, structure or use within the MR -
Multiple Residential Zone.
107
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
SECTION 15 - UC - URBAN COMMERCIAL ZONE
15.1
Within UC - Urban Commercial Zone, no person shall use any land, erect,
alter, enlarge, use or maintain any building or structure for any use other
than as permitted in this section and also such use, building or structure
shall be in accordance with the regulations contained or referred to in this
section.
15.2
PERMITTED USES
i)
a retail store, including a gift shop, craft shop and antique shop
and convenience retail store,
ii)
a service shop including a personal and merchandise service shop,
iii)
a lawn, garden and farm equipment and supplies sales outlet,
iv)
a laundry and/or dry-cleaning shop including coin operated
establishments,
v)
an eating establishment including a banquet hall, tearoom, take-out
restaurant and drive-in restaurant,
vi)
a food market including a butcher shop,
vii)
a tavern,
viii)
a Liquor Control Board or Brewer's Retail Outlet,
ix)
a hotel/motel,
x)
a bank and/or trust company,
xi)
a printing or publishing establishment,
xii)
a business, administrative and/or professional office,
xiii)
a theatre, cinema or other place of entertainment,
xiv)
a taxi depot,
xv)
a commercial recreational establishment such as a bowling or
billiard establishment or other similar use,
xvi)
a funeral home,
xvii)
a medical or dental clinic,
xviii)
a bake shop,
xix)
a private or commercial club,
xx)
a bottle return depot,
xxi)
a nursery school,
xxii)
a veterinary clinic,
xxiii)
a public or private parking area, including parking facilities
associated with the principal use(s) permitted under this section,
xxiv) an automobile service station or sales agency,
xxv)
dwelling units in the form of apartments as an accessory use in
buildings in which commercial uses are permitted, except automobile
service stations or other uses involving the sale of gasoline or other
similar petroleum products, in accordance with the provisions of
108
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
Sections 5.19 and 5.20,
xxvi) *a marine/snowmobile dealer (added by Bylaw 2012-066)*,
xxvii) an accessory building or use to the above uses.
15.3
ZONE REGULATIONS
a)
For All Uses Except An Automobile Service Station, Hotel and
Motel
i)
Lot Area (Minimum) -
4000 sq. metres (43,057.1 sq.
ft.)
ii)
Lot Frontage (Minimum) -
45 metres (147.6 ft.)
iii)
Front Yard (Minimum) -
6 metres (19.7 ft.)
iv)
Rear Yard (Minimum) -
6 metres (19.7 ft.)
v)
Interior Side Yard (Minimum) - 3 metres (9.8 ft.)
vi)
Exterior Side Yard (Minimum) - 8 metres (26.2 ft.)
vii)
Lot Coverage (Maximum) -
40 percent
viii)
Building Height (Maximum) -
11 metres (36.1 ft.)
ix)
Off-street parking and off-street loading facilities shall be
provided in accordance with Sections 5.31 and 5.32.
x)
Access to an accessory dwelling unit shall be
separate from access to a commercial use.
b)
For An Automobile Service Station
i)
Lot Frontage (Minimum) -
45 metres (147.6 ft.)
ii)
Lot Depth (Minimum) -
45 metres (147.6 ft.)
iii)
Front Yard (Minimum) -
15 metres (49.2 ft.)
iv)
Rear Yard (Minimum) -
7.5 metres (24.6 ft.)
(except where the rear yard abuts a residential zone, the rear
yard shall be a minimum of 15 metres (49.2 ft.) of which the 4.5
metres (14.8 ft.) adjacent to the lot line shall be retained in an
open space condition).
v)
Side Yard (Minimum) -
7.5 metres (24.6 ft.)
(except where one or both side yards abut a residential zone,
the side yard shall be a minimum of 15 metres (49.2 ft.) of
which the 4.5 metres (14.8 ft.) adjacent to the lot line shall be
retained in an open space condition).
vi)
A sight triangle of 15 metres (49.2 ft.) minimum shall be provided
on a corner lot.
vii)
Light stands and signs may be located in any required
minimum yard at a minimum distance of 2.5 metres
(8.2 ft.) from any street line.
109
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
viii)
Fuel pump islands and fuel pumps may be located in any
required minimum yard at a minimum distance of 6 metres
(19.7 ft.) from any street line. A sight triangle is not to be
construed to be part of the required minimum yard for the
purposes of this paragraph. Where a lot is a corner lot, no
portion of any pump island or gasoline pump shall be located
closer than 3 metres to a straight line between a point in the
front lot line and a point in the exterior side lot line, each point
being distant 15 metres from the intersection of such lot lines.
ix)
The distance between means of access or ramps shall be 12
metres (39.4 ft.) and on a corner lot, no ramp may be located
within 15 metres (49.2 ft.) of the intersection of the street lines.
x)
Each ramp shall have a width of 7.5 metres (24.6 ft.) and the
interior angle formed between the lot line and the centre line of
the ramp shall be between seventy (70) and ninety (90)
degrees.
xi)
No ramp shall be located within 4.5 metres (14.8 ft.) of a side lot
line.
xii)
Off-street parking and off-street loading facilities shall be
provided in accordance with Sections 5.31 and 5.32.
c)
For Hotels
i)
Gross Guest Room Area (Minimum) - 23 sq. metres (247.6 sq.
ft.)
ii)
Lot Frontage (Minimum):
Notwithstanding any other provision of this By-law to the contrary,
the minimum lot frontage for a hotel in the UC Zone shall be:
a)
public water and sanitary sewers - 38 metres (124.7 ft.)
b)
public water and private sewage disposal system - 45
metres (147.6 ft.)
c)
private water supply and private sewage disposal system
- 54 metres (177.2 ft.)
d)
For Motels
i)
Gross Guest Room Area (Minimum) - 23 sq. metres (247.6 sq.
ft.)
110
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
ii)
Lot Area (Minimum):
a)
public water and sanitary sewers - 930 sq. metres
(10,010.8 sq. ft.)
b)
public water and private sewage disposal system
-
2,780 sq. metres (29,924.7 sq. ft.) or where a
dwelling unit is located in a portion of a non-
residential building, an additional 370 sq. metres
(3,982.8 sq. ft.) of lot area shall be provided.
e)
private water and private sewage disposal system
-
3,700 sq. metres (39,827.8 sq. ft.) or where a
dwelling unit is located in a portion of a non-
residential building, an additional 370 sq. metres
(3,982.8 sq. ft.) of lot area shall be provided.
ii)
Lot Frontage (Minimum)
a)
public water and sanitary sewers - 38 metres (124.7 ft.)
b)
public water and private waste disposal system - 45
metres (147.6 ft.)
c)
private water and private sewage disposal system - 53
metres (173.9 ft.)
iii)
Front Yard Depth (Minimum) - 12 metres (39.4 ft.)
iv)
Exterior Side Yard Width (Minimum) - 12 metres (39.4 ft.)
v)
Interior Side Yard Width (Minimum):
a)
6 metres (19.7 ft.) or where the interior side lot line
abuts a Residential zone, the minimum interior side
yard width shall be 9 metres (29.5 ft.).
vi)
Rear Yard Depth (Minimum):
a)
7.5 metres (24.6 ft.) or where the rear lot line abuts a
Residential zone, the minimum rear yard depth shall be
111
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
9 metres (29.7 ft.)
vii)
Lot Coverage (All Buildings) (Maximum) - 25 percent
viii)
Setback from Street Centreline (Minimum):
a)
Provincial Highway - 32 metres (104.98 ft.)
b)
Urban Street - 13 metres (42.7 ft.)
ix)
Landscaped Open Space (Minimum) - 20 percent
x)
Height of Buildings (Maximum) - 11 metres (36.1 ft.)
xi)
Distance Between Buildings:
a)
Where two or more buildings are erected on the same lot,
the minimum distance between buildings shall not be less
than the minimum distance which would be required if each
building were on a separate lot and subject to the minimum
yard requirements stated of this section.
f)
For Accessory Buildings Not Attached To The Principal Building
i)
Rear Yard (Minimum) - 2 metres (6.5 ft.)
ii)
Interior Side Yard (Minimum) - 2 metres (6.5 ft.)
iii)
Exterior Side Yard (Minimum) - 3 metres (9.8 ft.)
iv)
Building Height (Maximum) - 4.5 metres (14.8 ft.)
v)
Minimum distance from any other building on the lot shall be 3
metres (9.8 ft.) provided that in no case shall any overhang,
eaves or gutter project into this required minimum area which
shall be clear of any obstruction from the ground to the sky.
g)
For Lands Abutting A Residential Zone
Notwithstanding the above provisions, where an interior side yard and/or
rear yard abuts a residential zone then such interior side yard shall be a
minimum of 5 metres (16.4 ft.) and such rear yard shall be a minimum of
9 metres (29.5 ft.). The 1 metre (3.3 ft.) strip immediately adjacent to the
rear and\or interior side lot line shall be landscaped.
112
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
15.4
GENERAL PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where
applicable, to any land, lot, building, structure or use within the UC - Urban
Commercial Zone.
113
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
SECTION 16 - RC - RURAL COMMERCIAL ZONE
16.1
Within a RC - Rural Commercial Zone, no person shall use any land, erect,
alter, enlarge or maintain any building or structure for any use other than as
permitted in this section and also such use, building or structure shall be in
accordance with the regulations contained or referred to in this section.
16.2
PERMITTED USES
i)
a farm implement dealer, including the sale and service of
agricultural equipment and lawn and garden equipment,
ii)
an auction outlet,
iii)
a food market including a butcher shop and retail meat establishment,
iv)
a fertilizer mixing and sales establishment,
v)
a greenhouse, nursery or garden centre,
vi)
a merchandise service shop,
vii)
self-storage buildings,
viii)
a flea market,
ix)
a kennel,
x)
a personal service shop,
xi)
a diesel, propane and/or natural gas outlet,
xii)
an automobile, a mobile home or travel trailer sales agency and
service station,
xiii)
an automatic or coin operated car wash, with the sale of
petroleum products incidental thereto,
xiv)
a hotel/motel,
xv)
a veterinary clinic,
xvi)
an eating establishment, including a banquet hall, tearoom, take-out
restaurant and drive- in restaurant,
xvii)
a tavern,
xviii)
an establishment for the sale, service, storage or repair of small
internal combustion engines such as snowmobiles, outboard
motors, lawnmowers and motorcycles, including the sale of parts
and petroleum products incidental thereto,
xix)
a retail and/or wholesale outlet for the storage, display and sale
of lumber, building supplies and other similar new goods or
materials,
xx)
a retail store, including a gift shop, craft shop, antique shop and
convenience retail store,
xxi)
an agricultural produce sales outlet,
xxii)
a laundry and/or dry-cleaning shop including coin operated
establishments,
xxiii)
a printing or publishing establishment,
114
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
xxiv) a business, administrative and/or professional office,
xxv)
a commercial recreational establishment such as a bowling or
billiard establishment or other similar use,
xxvi) a medical or dental clinic,
xxvii) a bake shop,
xxviii) a nursery school,
xxix) an accessory building or use to the above uses,
xxx)
*a marine/snowmobile dealer (added by Bylaw 2012-066)*,
xxxi) one dwelling or dwelling unit as an accessory use for the owner or
operator of a principal use to any of the foregoing except automobile
service stations or other uses involving the sale of gasoline or other
similar petroleum products, in accordance with the provisions of
Section 5.19.
16.3
ZONE REGULATIONS
a)
For The Principal Building
i)
Lot Area (Minimum) -
4,000 sq. metres (43,057.1 sq.
ft.)
ii)
Lot Frontage (Minimum) -
45 metres (147.6 ft.)
iii)
Front Yard (Minimum) -
8 metres (26.2 ft.)
iv)
Rear Yard (Minimum) -
8 metres (26.2 ft.)
v)
Interior Side Yard (Minimum) - 3 metres (9.8 ft.)
vi)
Exterior Side Yard (Minimum) - 8 metres (26.2 ft.)
vii)
Building Height (Maximum) -
11 metres (36.1 ft.)
viii)
Lot Coverage (Maximum) -
40 percent
ix)
Access to an accessory dwelling unit shall be separate
from access to a rural commercial use;
x)
Off-street parking and off-street loading facilities shall be
provided in accordance with Sections 5.31 and 5.32.
b)
For An Automobile Service Station
As in the Urban Commercial (UC) Zone.
c)
For Accessory Buildings Not Attached To The Principal Building
i)
Rear Yard (Minimum) -
1.5 metres (4.9 ft.)
ii)
Interior Side Yard (Minimum) -
1.5 metres (4.9 ft.)
iii)
Exterior Side Yard (Minimum) -
8 metres (26.2 ft.)
115
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
iv)
Building Height (Maximum) -
4.5 metres (14.8 ft.)
d)
For Land Abutting A Residential Zone or Residential Use
Notwithstanding the provisions of subsection 17.3, where an interior
side yard and/or a rear yard abuts a residential zone or any
existing residential use, then such interior side yard shall be a
minimum of 5 metres (16.4 ft.) and such rear yard shall be a
minimum of 10 metres (32.8 ft.). The 1 metre (3.3 ft.) strip
immediately adjacent to the rear and/or interior side lot lines shall be
landscaped.
16.4
GENERAL PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where
applicable, to any land, lot, building, structure or use within the RC - Rural
Commercial Zone.
116
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
SECTION 17 - RRC - RECREATIONAL/RESORT COMMERCIAL ZONE
17.1
Within a RRC Recreational/Resort Commercial Zone, no person shall use
any land, erect, alter, enlarge, use or maintain any building or structure for
any use other than as permitted in this section and also such use, building
or structure shall be in accordance with the regulations contained or referred
to in this section.
17.2
PERMITTED USES
i)
a marina, including a boat sales and service establishment
and the sale of parts and petroleum products incidental
thereto,
ii)
a tent and/or travel trailer park,
iii)
a tourist establishment including hotels, lodges, housekeeping
cottages and tourist cabins,
iv)
a marine/snowmobile dealer,
v)
a gift shop,
vi)
a Type 'A' and Type 'B' home occupation, in accordance with the
provisions of Section
5.29 of this By-law,
vii)
an eating establishment including a tea room and take-out restaurant,
viii)
a bed and breakfast establishment,
ix)
a convenience retail store,
x)
a miniature golf course, driving range or other similar recreationally
oriented use,
xi)
a public or private park,
xii)
one dwelling or dwelling unit as an accessory use for the owner or
operator of a principal use, in accordance with the provisions of
Section 5.19,
xiii)
an accessory building or use to the above uses.
17.3
ZONE REGULATIONS
a)
For All Principal Buildings or Uses
i)
Lot Area (Minimum) -
4000 sq. metres (43,057.1 sq.
ft.)
ii)
Lot Frontage (Minimum) -
45 metres (147.6 ft.)
iii)
Front Yard (Minimum) -
8 metres (26.2 ft.)
iv)
Rear Yard (Minimum)-
8 metres (26.2 ft.)
v)
Interior Side Yard (Minimum) - 3 metres (9.8 ft.)
vi)
Exterior Side Yard (Minimum) - 8 metres (26.2 ft.)
117
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
vii)
Lot Coverage (maximum) -
40 percent
viii)
Building Height (Maximum) -
11 metres (36.1 ft.)
ix)
Off-street parking and off-street loading facilities shall be
provided in accordance with Sections 5.31 and 5.32.
x)
Access to an accessory dwelling unit shall be separate from
access to a commercial use. See also Section 5.19.
xi)
All means of ingress and egress shall have a minimum width of
6 metres (19.7 ft.) and in the case of a corner lot, no means of
ingress or egress shall be located within 15 metres (49.2 ft.) of
the intersection of the street lines, or, where a corner is
rounded, the points at which the extended street lines meet.
b)
For Accessory Buildings Not Attached To The Principal Building
i)
Rear Yard (Minimum) -
2 metres (6.5 ft.)
ii)
Interior Side Yard (Minimum) -
2 metres (6.5 ft.)
iii)
Exterior Side Yard (Minimum) -
8 metres (26.2 ft.)
iv)
Building Height (Maximum) -
4.5 metres (14.8 ft.)
c)
For Lands Abutting a Residential Zone or Residential Use
i)
Notwithstanding the above provisions, where a rear yard
and/or an interior side yard abuts a residential zone or any
existing residential use, then such interior side yard shall be a
minimum of 5 metres (16.4 ft.) and such rear yard shall be a
minimum of 10 metres (32.8 ft.). The 3 metre (9.8 ft.) strip
immediately adjacent to the rear and/or interior side lot lines
shall be landscaped.
ii)
Water oriented commercial uses such as marinas or docks
shall be located a minimum of 60 metres (196.9 ft.) from the
nearest residential zone or use.
d)
Additional Zone Regulations for A Marina
Notwithstanding the above provisions, a marina use shall be
subject to the following special provisions in addition to all other
applicable provisions of this By-law:
i)
Where a rear yard and/or interior side yard abuts a navigable
118
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
body of water, then such rear yard and/or interior side yard
may be reduced to zero (0) metres.
ii)
No entrance channel, turning basin, communal dock or boat
mooring area shall be located closer than 60 metres (196.9 ft.)
to a residential zone, a residential use or a street line.
iii)
Facilities for the refuelling of marine craft shall be provided at a
separate pier or dock area from boat mooring facilities.
iv)
Catwalks shall have a minimum width of 0.6 metres (2 ft.) and
boat mooring docks shall have a minimum width of 1.2 metres
(3.9 ft.).
v)
A minimum of one (1) parking space shall be provided for every
two ( 2 ) boat slip.
e)
Additional Zone Regulations For A Tent and/or Travel Trailer
Park
Notwithstanding the above provisions, a tent and/or travel trailer park
use shall be subject to the following special provisions in addition to
all other applicable provisions of this By- law:
i)
Lot Area (Minimum) -
4.0 hectares (9.9 acres)
ii)
The minimum distance of buildings or structures or a tent or
travel trailer site from any lot line shall be 15 metres (49.2 ft.).
iii)
The minimum distance of buildings or structures or a tent or
travel trailer site from the centre of road allowance shall be 25
metres (82.0 ft.).
iv)
Travel Trailer Park Density (Maximum) - 30 trailers per gross
hectare to a maximum of 50 sites
v)
Travel Trailer Site Area (Minimum) - 200 sq. metres (2,142.8
sq. ft.)
vi)
Travel Trailer Site Frontage (Minimum) - 6 metres
(19.7 ft.)
119
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
vii)
Building Height (Maximum) - 4.5 metres (14.8 ft.)
viii)
Maximum Number of Travel Trailers on a Travel Trailer Site -
One Travel Trailer
ix)
Travel Trailer Park Usable Waterfront (Minimum) - 2
metres/site (6.68 ft./site)
x)
Lot Coverage (Maximum) - 25 percent
xi)
*No campsite, building, structure, septic tank or tile field,
except a marine facility for launching and/or servicing of
boats or a water pump house, shall be permitted within 30
metres (98.4 ft.) of the high water mark of any waterbody or
watercourse, with the exception of "at capacity" lake trout
lakes where Section 5.9 applies. All docking and boat
launching structures/facilities shall require the approval of
the appropriate federal, provincial or public agencies.
(amended by Bylaw 2022-005)*
xii)
The creation of a new tent and trailer park or the expansion
of an existing park shall require an amendment to this by-
law.
xiii)
*Travel Trailer Park Usable Waterfront (Maximum) - 35%
of the water frontage where the remaining 65% of the
shoreline shall be maintained in an undisturbed natural
state. (added by Bylaw 2022-005)*
f)
Additional Zone Regulations For Hotels, Lodges, Housekeeping
cottages and Tourist Cabins
Notwithstanding the above provisions, hotels, housekeeping cottages
and tourist cabins shall be subject to the following special provisions
in addition to all other applicable provisions of this By-law:
i)
Lot Area (Minimum) - 2.0 hectares (4.9 acres)
ii)
Maximum Density - 1 unit/4000 sq. metres (43,057.1 sq. ft.) to a
maximum of 50 units
iii)
*No campsite, building, structure, septic tank or tile field,
except a marine facility for launching and/or servicing of
boats or a water pump house shall be permitted within 30
metres (98.4 ft.) of the high water mark of any waterbody or
120
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
watercourse, with the exception of "at capacity" lake trout
lakes where Section 5.9 applies. (amended by Bylaw 2022-
005)*
17.4
GENERAL PROVISIONS
All other special provisions of Section 5 "General Provisions" shall apply, where
applicable, to any land, lot, building, structure or use within the RRC -
Recreational/Resort Commercial Zone.
121
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
SECTION 18 - UI - URBAN INDUSTRIAL ZONE
18.1
Within an UI - Urban Industrial Zone, no person shall use any land, erect, alter,
enlarge, use or maintain any building or structure for any use other than as
permitted in this section and also such use, building or structure shall be in
accordance with the regulations contained or referred to in this section.
18.2 PERMITTED USES
i)
a manufacturing, processing, or warehousing undertaking including
storage and self-storage warehousing,
ii)
an automobile body shop or repair garage,
iii)
a yard for the open or concealed storage of goods or materials,
iv)
a machine or welding shop,
v)
an automobile service station,
vi)
a research facility,
vii)
a merchandise service shop,
viii)
a transport terminal or yard,
ix)
any business, administrative or professional offices accessory to a
permitted industrial use, including a union hall,
x)
a building supply outlet, including a lumber yard,
xi)
an accessory dwelling unit for a caretaker or security guard, in
accordance with the provisions of Section 5.19,
xii)
an accessory building or use to the above uses including a retail outlet
for the purpose of selling goods manufactured, stored and/or
assembled on the premises, provided such outlet is part of the principal
building, and occupies not more than five (5) percent of the gross floor
area of the principal building.
18.3 ZONE REGULATIONS
a)
For All Principal Buildings or Uses
i)
Lot Area (Minimum) -
4000 sq. metres (43,057.1 sq.
ft.)
ii)
Lot Frontage (Minimum) -
45 metres (147.6 ft.)
iii)
Front Yard (Minimum) -
8 metres (26.2 ft.)
iv)
Rear Yard (Minimum) -
8 metres (26.2 ft.)
v)
Interior Side Yard (Minimum) -
3 metres (9.8 ft.)
vi)
Exterior Side Yard (Minimum) - 8 metres (26.2 ft.)
vii)
Lot Coverage (Maximum) -
40 percent
viii)
Building Height (Maximum) -
15 metres (49.2 ft.)
ix)
Off-street parking shall be provided in accordance with Section
5.31.
122
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
x)
Off-street loading facilities shall be provided in accordance with
Section 5.32.
xi)
A sight triangle of 15 metres (49.2 ft.) minimum shall be
provided on a corner lot.
b)
For Accessory Buildings Not Attached To The Principal Building
i)
Rear Yard (Minimum) -
2 metres (6.5 ft.)
ii)
Interior Side Yard (Minimum) -
2 metres (6.5 ft.)
iii)
Exterior Side Yard (Minimum) -
8 metres (26.2 ft.)
iv)
Building Height (Maximum) -
4.5 metres (14.8 ft.)
c)
For Lands Abutting A Residential Zone or Residential Use
Notwithstanding the provisions of this section, where an interior side
yard and/or rear yard abuts a residential zone then such interior side
yard and/or rear yard shall be a minimum of 22 metres (72.2 ft.). This
22-metre (72.2 ft.) area shall be maintained in an open space condition
and the open storage of goods or materials shall not be permitted within
this 22-metre (72.2 ft.) area.
d)
For Lands Abutting a Public or Private Road Allowance or
Opposite a Residential Zone
Where any lot line in an UI Zone abuts a public road allowance or a
private road allowance or where the lot on the opposite side of a street
or a public or private road allowance is in a residential zone, a buffer
planting strip adjoining such abutting lot line shall be provided on the UI
Zone lot.
Contents
The buffer/planting strip shall consist of an earth berm and/or a
continuous unpierced hedgerow of tree, evergreens or shrubs, not less
than 2.0 metres (6.6 ft.) high and 3 metres (9.8 ft.) wide immediately
adjoining the lot line or portion thereof along which such planting strip is
required. The earth berm shall not be greater than a 3:1 slope.
Maintenance
A buffer/planting strip shall be planted, nurtured and maintained by the
owner or owners of the lot on which the strip is located.
Landscaped Open Space
123
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
A buffer/planting strip referred to in this subsection may form a
part of any landscaped open space required by this By-law.
Interruption for Driveways or Pedestrian Walks
In all cases where ingress and egress driveways or walks extend
through a buffer/planting strip, it shall be permissible to interrupt the strip
within 3 metres (9.8 ft.) of the edge of such driveway or within 1.5
metres (4.9 ft.) of the edge of such walk.
18.4 GENERAL PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where
applicable, to any land, lot, building, structure or use within the UI - Urban
Industrial Zone.
124
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
SECTION 19 - RI - RURAL INDUSTRIAL ZONE
19.1
Within a RI - Rural Industrial Zone, no person shall use any land, erect, alter,
enlarge, use or maintain any building or structure for any use other than as
permitted in this section and also such use, building or structure shall be in
accordance with the regulations contained or referred to in this section.
19.2
PERMITTED USES
i)
a cartage or express truck terminal,
ii)
a cheese factory,
iii)
a yard for the open or concealed storage of goods or materials,
iv)
a fuel storage tank depot, including bulk fuel sales,
v)
an agricultural equipment supply and repair outlet,
vi)
a woodworking shop/showroom,
vii)
a contractor's yard, including maintenance yard/public works yard,
viii)
a canning factory,
ix)
a bulk storage yard,
x)
an automobile service station, including an automobile body shop,
xi)
a lumber mill, sawmill and a planing mill, dry kiln, chipper, repair depot,
xii)
a feed and seed mill,
xiii)
a merchandise service shop,
xiv)
a machine or welding shop,
xv)
an assembly operation,
xvi)
a building supply outlet,
xvii)
a factory outlet,
xviii)
an accessory dwelling or dwelling unit for a caretaker or security
guard, in accordance with the provisions of Section 5.19,
xix)
an accessory building or use to the above uses including a bank, a
cafeteria and a retail outlet for the purpose of selling goods
manufactured, stored and/or assembled on the premises, provided
such outlet is part of the principal building, and occupies not more
than five (5) percent of the gross floor area of the principal building.
19.3
ZONE REGULATIONS
a)
For All Principal Buildings or Uses
i)
Lot Area (Minimum) -
4000 sq. metres (43,057.1 sq.
ft.)
ii)
Lot Frontage (Minimum) -
45 metres (147.6 ft.)
iii)
Front Yard (Minimum) -
8 metres (26.2 ft.)
125
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
iv)
Rear Yard (Minimum) -
8 metres (26.2 ft.)
v)
Interior Side Yard (Minimum) -
3 metres (9.8 ft.)
vi)
Exterior Side Yard (Minimum) -
8 metres (26.2 ft.)
vii)
Lot Coverage (Maximum) -
40 percent
viii)
Building Height (Maximum) -
15 metres (49.2 ft.)
ix)
Off-street parking shall be provided in accordance with Section
5.31.
x)
Off-street loading facilities shall be provided in accordance with
Section 5.32.
xi)
A sight triangle of 15 metres (49.2 ft.) minimum shall be provided
on a corner lot.
xii)
Open Storage uses shall be set back in accordance with the
minimum yard provisions set out in this subsection and where
accessory to a principal Rural Industrial use, no open storage
use shall be permitted in any front or exterior side yard.
b)
For Lands Abutting A Residential Zone or A Residential Use
As in the Urban Industrial (UI) Zone.
c)
For Lands Abutting A Public or Private Road Allowance or
Opposite a Residential Zone
As in the Urban Industrial (UI) Zone.
19.4
GENERAL PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where
applicable, to any land, lot, building, structure or use within the RI - Rural
Industrial Zone.
126
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
SECTION 20 - MX - MINERAL EXTRACTIVE ZONE
20.1
Within a MX - Mineral Extractive Zone, no person shall use any land, erect,
alter, enlarge, use or maintain any building or structure for any use other
than as permitted in this section and also such use, building or structure
shall be in accordance with the regulations contained or referred to in this
section.
20.2
PERMITTED USES
i)
a pit or quarry, including drilling and blasting,
ii)
*open space, conservation, forestry and agricultural uses,
excluding any building or structure, (amended by Bylaw 2022-
004)*
iii)
the processing of mineral aggregates, including aggregate
crushing, screening and washing,
iv)
asphalt plants, ready-mix concrete plants and aggregate transfer
stations,
v)
a single detached dwelling accessory to an extractive use,
vi)
accessory buildings or uses to the above uses,
vii)
a wayside pit or quarry.
viii)
*Accessory aggregate recycling facilities (added by Bylaw 2022-
004)*
20.3
ZONE REGULATIONS
a)
For Excavation Area and Storage Uses
i)
Setback from rear and interior side lot lines
(Minimum) - 15 metres (49.2 ft.)
ii)
Setback from front and exterior side lot lines
(Minimum) - 30 metres (98.4 ft.)
iii)
Setback from residential, commercial,
community facility or industrial zone or use
(Minimum) - 30 metres (98.4 ft.)
iv)
Setback from any road right-of-way (Minimum) - 30
metres (98.4 ft
v)
Setback from natural water course - 30 metres (98.4 ft.)
127
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
b)
For Open and Enclosed Pit or Quarry Processing Operations
i)
Setback from rear and interior side lot lines
(Minimum) - 30 metres (98.4 ft.)
ii)
Setback from front and exterior side lot lines
(Minimum) - 30 metres (98.4 ft.)
iii)
Setback from residential, commercial, community
facility or industrial zone or use (Minimum) - 90
metres (295.3 ft.)
iv)
Setback from any road right-of-way (Minimum) - 30 metres
(98.4 ft.)
v)
Setback from natural watercourse - 30 metres (98.4 ft.)
c)
For Accessory Buildings to Pit or Quarry Operations
i)
All yards (Minimum) - 30 metres (98.4 ft.)
ii)
Setback from residential, commercial, community facility or
industrial zone or use (Minimum) - 90 metres (295.3 ft.)
iii)
Setback from any road right-of-way (Minimum) - 30 metres (98.4
ft.)
d)
For Conservation, Forestry and Agricultural Uses
i)
The zone regulations contained in the Rural Zone of this By-law
shall apply.
e)
For Open Space Uses
i)
The zone regulations contained in the Open Space Zone
of this By-law shall apply.
f)
Landscaping
i)
A strip of land not less than 15 metres (49.2 ft.) in width shall be
reserved for landscaping purposes between any MX zone and
any adjacent commercial, community facility or industrial zone
128
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
or use and along any adjacent street line or lot line. Where an
MX zone abuts a residential zone, or a roadway is the only
separation between two such areas, then no aggregate
extraction use shall be made of any kind within 30 metres
(98.4 ft.) of the abutting lot line and no parking use shall be
made of any land within 7.5 metres (24.6 ft.) of the abutting lot
line. The intervening land shall be kept in an open space
condition with grass, trees and shrubs and retained as part of
the normal operation of the extraction activity.
20.4
GENERAL PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply where
applicable to any land, lot, building, structure, or use within the MX - Mineral
Extractive Zone.
129
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
SECTION 21 - M - MINING ZONE
21.1
Within a M - Mining Zone, no person shall use any land, erect, alter, enlarge,
use or maintain any building or structure of any use other than as permitted
in this section and also such use, building or structure shall be in
accordance with the regulations contained or referred to in this section.
21.2
PERMITTED USES
i)
a mine that is approved and operated in accordance with the Mining
Act.
21.3
ZONE REGULATIONS
The zone regulations for a mine will be determined through a site specific
zoning by-law amendment process and will address, among other things,
setbacks from water, access, buffering, conservation of natural environment
and setbacks from neighbouring land uses.
21.4
GENERAL PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply where
applicable, to any land, lot, building, structure or use within the M - Mining
Zone.
130
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
SECTION 22 - WD - WASTE DISPOSAL ZONE
22.1
Within a WD - Waste Disposal Zone, no person shall use any land, erect,
alter, enlarge, use or maintain any building or structure of any use other than
as permitted in this section and also such use, building or structure shall
be in accordance with the regulations contained or referred to in this section.
22.2
PERMITTED USES
i)
a sanitary landfill site,
ii)
a sewage treatment plant,
iii)
a sewage lagoon,
iv)
a waste transfer station,
v)
a waste processing facility including the recycling and reprocessing
of waste materials into new products,
vi)
a salvage yard,
vii)
agricultural, open space, conservation and forestry uses, excluding
dwellings,
viii)
accessory buildings or uses to the above uses.
22.3
ZONE REGULATIONS
a)
For Agricultural, Conservation and Forestry Uses
i)
The zone regulations of the Marginal Agriculture Zone of this
By-law shall apply.
b)
For Open Space Uses
i)
The zone regulations of the Open Space Zone of this By-law
shall apply.
c)
For a Salvage Yard
i)
Lot Area (Minimum) - 2 ha (4.9 acres)
ii)
Lot Frontage (Minimum) - 60 metres (196.6 ft.)
iii)
Yard Requirements:
a)
All yards (Minimum) - 15 metres (49.2 ft.)
iv)
A strip of land not less than 15 metres (49.2 ft.) in width shall be
reserved for landscaping purposes between any salvage yard
site and any adjacent community facility, commercial or
131
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
industrial zone or use, and along any adjacent street line or
adjoining lot line. Where a salvage yard site abuts a residential
zone or use or a roadway is the only separation between two
such areas, then no salvage yard use of any kind shall be
made within 30 metres (98.4 ft.) of the adjacent lot line. The
land reserved for landscaping purposes shall be kept in an
open space condition with grass, trees and shrubs and
maintained as part of the normal operation of the salvage yard
activity.
v)
No land shall be used for the storage or mechanized processing
of goods, wares, merchandise, articles or things within 300
metres (984.3 ft.) of any residential or commercial zone or use,
nor closer than 100 metres (328.1 ft.) to a lot line or a street
line. Without limiting the generality of this subsection,
mechanized processing includes the use of machinery or
equipment to crush, compact, separate, refine, incinerate or
similarly treat goods, wares, merchandise, articles or things.
vi)
The salvage yard site shall be sufficiently screened by a fence,
a berm or a combination of the two so that waste materials
being stored or processed on the site are not visible from
adjacent roads. The screening shall extend a minimum of 3
metres (9.8 ft.) above grade or to a height equal to that of the
goods, wares, merchandise, articles or things being stored or
processed within the salvage yard site, whichever is the
greater. All fences shall be constructed of an opaque material
and shall be painted or otherwise preserved and kept painted
from time to time, so as to maintain the fences in good
condition.
vii)
An accessory weighing scale and recording office shall be
permitted no closer than 30 metres (98.4 ft.) to a street line.
viii)
A salvage yard site shall not be located on land covered by
water or subject to flooding and shall be so located that no
direct drainage leads to a watercourse.
ix)
No unsupervised open burning shall be permitted.
x)
No permanent storage of tires shall be permitted.
132
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
xi)
Prior to the storage or processing of any goods, wares,
merchandise, articles or things all fluids shall be drained and
disposed of in a manner approved by the Ministry of the
Environment if they are not stored for the purposes of resale.
d)
For All Other Waste Disposal Uses
i)
No person, including the Municipality, shall establish, alter,
enlarge or extend a sanitary landfill site, a sewage treatment
plant, a sewage lagoon, a transfer station, or a waste
processing facility unless a Provincial Certificate of Approval
has been issued by the Ministry of the Environment.
ii)
All waste disposal sites shall be established and operated in
accordance with the requirements of the Environmental
Protection Act and the Environmental Assessment Act.
iii)
A strip of land not less than 15 metres (49.2 ft.) in width shall be
reserved for landscaping purposes between any sanitary
landfill site, sewage treatment plant, sewage lagoon, transfer
station or waste processing facility and any adjacent
commercial, community facility or industrial zone or use and
along any adjacent street line or adjoining lot line. Where such
uses abut a residential zone or an existing residential use or a
roadway is the only separation between two such areas, then
no waste disposal use shall be made of any kind within 30
metres (98.4 ft.) of the abutting lot line. The land reserved for
landscaping purposes shall be kept in an open space condition
with grass, trees, and shrubs and maintained as part of the
normal operation of the waste disposal activity.
22.4
GENERAL PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where
applicable, to any land, lot, building, structure or use within the WD - Waste
Disposal Zone.
133
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
SECTION 23 - CF - COMMUNITY FACILITY ZONE
23.1
Within an CF - Community Facility Zone, no person shall use any land,
erect, alter, enlarge, use or maintain any building or structure for any use
other than as permitted in this section and also such use, building or
structure shall be in accordance with the regulations contained or referred to
in this section.
23.2
PERMITTED USES
i)
any undertaking established or maintained by a governmental
board, authority, agency or commission,
ii)
a place of worship, with accessory uses including a cemetery and a
dwelling unit,
iii)
a cemetery,
iv)
any undertaking of a utility company, such as a natural gas
company or telephone company,
v)
a school,
vi)
a commercial or private club or fraternal organization,
vii)
a public or private hospital,
viii)
a community centre,
ix)
a nursing home,
x)
a nursery school,
xi)
a library,
xii)
an elderly person's centre,
xiii)
a public park,
xiv)
any other institutional or community facility use,
xv)
charitable camp,
xvi)
museum or art gallery,
xvii)
an arena,
xviii)
an accessory building or use to the above uses.
23.3
ZONE REGULATIONS
a)
For All Principal Buildings
i)
Lot Area (Minimum) -
4000 sq. metres (43,057.1 sq.
ft.)
ii)
Lot Frontage (Minimum) -
45 metres (147.6 ft.)
iii)
Front Yard (Minimum) -
10 metres (32.8 ft.)
iv)
Rear Yard (Minimum) -
10 metres (32.8 ft.)
v)
Interior Side Yard (Minimum) - 7.5 metres (24.6 ft.)
vi)
Exterior Side Yard (Minimum) - 10 metres (32.8 ft.)
134
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
vii)
Lot Coverage (Maximum) -
40 percent
viii)
Building Height (Maximum) -
15 metres (49.2 ft.)
ix)
Off-street parking shall be provided in accordance with Section
5.31.
b)
For Accessory Buildings Not Attached To The Principal Building
i)
Rear Yard (Minimum)
2 metres (6.5 ft.)
ii)
Interior Side Yard (Minimum)
2 metres (6.5 ft.)
iii)
Exterior Side Yard (Minimum)
10 metres (32.8 ft.)
iv)
Building Height (Maximum)
7 metres (23 ft.)
c)
For Lands Abutting A Residential Zone or Residential Use
Notwithstanding the above provisions, where a rear yard and/or
interior side yard abuts a residential zone or existing residential use
then such interior side yard shall be a minimum of 10 metres (32.8 ft.)
and such rear yard shall be a minimum of 15 metres (49.2 ft.). The
1 metre (3.3 ft.) strip immediately adjacent to the rear yard and/or
interior side yard shall be landscaped.
23.4
GENERAL PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where
applicable, to any land, lot, building, structure or use within the CF -
Community Facility Zone.
135
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
SECTION 24 - OS - OPEN SPACE ZONE
24.1
Within an OS - Open Space Zone, no person shall use any land, erect, alter,
enlarge, use or maintain any building or structure for any use other than as
permitted in this section and also such use, building or structure shall be in
accordance with the regulations contained or referred to in this section.
24.2
PERMITTED USES
i)
open space and conservation uses, including forestry,
reforestation and other activities connected with the
conservation of soil and wildlife,
ii)
agricultural uses but not intensive agricultural uses,
iii)
a fairground,
iv)
a woodlot,
v)
a public or private park, conservation area, playground, roadside
park, public boat launch or swimming or picnicking area, playing
field, recreational trail, swimming pool, wading pool, beach, picnic
area, bandstand, skating rink, tennis court, bowling green, golf
course or other similar outdoor recreational uses, both passive and
active,
vi)
an accessory dwelling or dwelling unit for a caretaker or security
guard, in accordance with the provisions of Section 5.19 of this
By-law,
vii)
an accessory building or use to the above uses, including an
accessory retail building or use to serve an open space use.
24.3
ZONE REGULATIONS
a)
For All Uses
i)
The minimum distance of buildings or structure from any
lot line shall be 10 metres (32.8 ft.).
ii)
The minimum distance of buildings or structures from the
centre line of any road shall be 30 metres (98.4 ft.).
iii)
Building Height (Maximum) -
6 metres (19.7 ft.)
iv)
Lot coverage (Maximum) -
50 percent
24.4
GENERAL PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where
applicable, to any land, lot, building, structure or use within the OS - Open
Space Zone.
136
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
SECTION 25 - EPW - ENVIRONMENTAL PROTECTION WETLAND ZONE
25.1
Within an EPW - Environmental Protection Wetland Zone, no person shall use
any land, erect, alter, enlarge, use or maintain any building or structure for any
use other than as permitted in this section and also such use, building or
structure shall be in accordance with the regulations contained or referred to in
this section.
25.2 PERMITTED USES
i)
a conservation use excluding any buildings;
ii)
a use that was in existence on or before the date of passage of the
Official Plan,
iii)
a building or structure required by a public authority for flood or erosion
control or for conservation or wildlife management purposes,
iv)
an accessory use to the above uses, excluding any buildings,
v)
hunting, but not hunt camps,
vi)
fishing.
25.3 ZONE REGULATIONS (See also Sections 5.7 and 5.9)
i)
The minimum setback from wetland shall be 30 metres (98.4 ft.).
ii)
Additional zone regulations shall be established by the Municipality at
the time of application in consultation with the Conservation Authority
and the Ministry of Natural Resources.
iii)
All applications for development adjacent to EPW lands (and beyond
the minimum 30 metre (98.4 ft.) setback but within 120 metres (393.7
ft.) of the wetland) shall be dealt with on a site-by-site basis, at the time
of application (see Sections 5.9.2 and 5.9.5).
25.4 GENERAL PROVISIONS
All special provisions of Section 5 "General Provisions" shall apply, where
applicable, to any land, lot, building, structure or use within the EPW -
Environmental Protection Wetland Zone.
137
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
SECTION 26 - EP - ENVIRONMENTAL PROTECTION ZONE
26.1
Within an EP - Environmental Protection Zone, no person shall use any
land, erect, alter, enlarge, use or maintain any building or structure for any
use other than as permitted in this section and also such use, building or
structure shall be in accordance with the regulations contained or referred
to in this section.
26.2 PERMITTED USES
i)
conservation uses, including forestry, reforestation and other
activities connected with the conservation of soil and wildlife,
*excluding any buildings or structures (amended by Bylaw
2022-004)*;
ii)
*existing* agricultural uses (amended by Bylaw 2022-004)*,
iii)
a conservation area, *excluding any buildings or structures
(amended by Bylaw 2022-004)*;
iv)
a use that was in existence on or before the date of passage of this
By-law;,
v)
a building or structure required by a public authority for flood or
erosion control*, watercourse protection, bank stabilization*
or for conservation or wildlife management purposes (amended
by Bylaw 2022-004)*;
vi)
passive outdoor recreational uses;
vii)
public and private parks, excluding any buildings *or structures
(amended by Bylaw 2022-004)*;
viii)
an accessory use to the above uses, excluding any buildings *or
structures*, subject to the approval of Council in consultation with
the Conservation Authority, the Ministry of *Northern Development,
Mines, Natural Resources and Forestry, and any other
appropriate authority. (amended by Bylaw 2022-004)*
26.3 ZONE REGULATIONS
i)
The minimum setback of buildings or structure from any lot line
shall be 10 metres (32.8 ft.).
ii)
The minimum setback of buildings or structures for the centreline
of any road shall be 20 metres (65.6 ft.).
iii)
The minimum setback from the highwater mark of any lake, river,
creek or stream shall be 30 metres (98.4 ft.).
iv)
The minimum setback of buildings from other Environmental
Protection lands (not in iii) shall be 15 metres (49.2 ft.).
v)
Building Height (Maximum) - 6 metres (19.7 ft.)
138
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
26.4 GENERAL PROVISIONS
All special provisions of Section 5 General Provisions shall apply, where
applicable, to any land, lot, building, structure or use within the EP -
Environmental Protection Zone.
139
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
SECTION 27 - SPECIAL EXCEPTION ZONES
27.1 MA-1 (Pt Lot 30, Concession 5, Monteagle Ward, 6.5.1, Bylaw 2010-012)
Notwithstanding any provision of By-law No. 35-2004, as amended, to the
contrary, on lands zoned MA-1, the following special provisions shall apply:
i)
A provision to allow a boat storage.
All other provisions of this By-law shall apply.
27.2.1 RRh-2 (Pt Lot 3, Concession 10 Herschel Ward, 7.5.1, Bylaw 2010-012 and
Herschel Bylaw 680-2000)
Notwithstanding any provision of By-law No. 35-2004, as amended, to the
contrary, on lands zoned RRh-2, the following special provisions shall apply:
i)
A single detached dwelling shall be permitted use, despite the existence
of a waste disposal site within 90 metres (295.3ft.) of the RR-2 zone.
All other provisions of this By-law shall apply.
27.2.2 LSR-2 (Pt Lot 31, Concession 5, Herschel Bylaw, 2009-054)
Notwithstanding any provision of By-law No. 35-2004, as amended, to the
contrary, on lands zoned LSR-2, the following special provisions shall apply:
i)
Shall establish that the minimum lot frontage on the lake is 330 feet (100
metres).
All other provisions of this By-law shall apply.
27.3 RRh-3 (Pt Lot 20, Concession 14, Monteagle Ward, 7.5.2, Bylaw 2010-012
and Monteagle Bylaw 4-1995)
Notwithstanding any provision of By-law No. 35-2004, as amended, to the
contrary, on lands zoned RR-3, the following special provisions shall apply:
i)
Holding zone;
ii)
Removal of Holding Zone.
The holding zone provision shall be removed once the Municipality in
consultation with the Ministry of Environment is satisfied that there is a sufficient
on-site source of potable water which meets the Ontario Drinking Water
Standards.
All other provisions of this By-law shall apply.
140
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
27.4 RR-4 (Pt Lot 10, Concession 10, Lot 2 & 8 of Reg. Plan 2216 & Part 1 of Plan
21R-20918 McClure Ward, Bylaw 2010-012 and McClure Bylaw 2004-12)
Notwithstanding any provision of By-law No. 35-2004, as amended, to the
contrary, on lands zoned RR-4, the following special provisions shall apply:
i)
To recognize a frontage on a right-of-way.
All other provisions of this By-law shall apply.
Repealed by Bylaw 2017-078 rezoned to Limited Service Residential (LSR)
Zone.
27.5 RI-5 (Pt Lot 24 & 25, Concession 16, Monteagle Ward, Bylaw 2010-012 and
Monteagle Bylaw 2006-27 - also see Monteagle Bylaw 18-1988 Roll file 12-
90-374-070-07700)
Notwithstanding any provision of By-law No. 35-2004, as amended, to the
contrary, on lands zoned RR-5, the following special provisions shall apply:
i)
The special zone is to permit a single-family dwelling for the use of the
owner, manager, caretaker or other similar person and their family, provided
further that such person is employed on the lot on which such dwelling is
located.
All other provisions of this By-law shall apply.
27.5.1 LSR-5 (Parts Lot 32, Concession 8, Bangor Ward, Bylaw 2004-20)
Notwithstanding any provision of this Bylaw, as amended, to the contrary, on
lands zoned LSR-5, the following special provisions shall apply:
i) Recognize frontage on a private right-of-way.
All other provisions of this By-law shall apply.
27.6 RR-6 (Pt Lot 29 & 30, Concession 3, Pt Lot 21R-21029 Monteagle Ward,
Bylaw 2004- 31)
Notwithstanding any provision of By-law No. 35-2004, as amended, to the
contrary, on lands zoned RR-6, the following special provisions shall apply:
ii) All provisions of the Rural Residential Zone will apply except access. Access
is a right-of-way over the Hastings Heritage Trail that deemed it to comply
with the Zoning By-law 19-76 of Monteagle.
141
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
All other provisions of this By-law shall apply.
27.7 LSRh-7 (Lot 6, Concession 3, Herschel Ward, 8.5.1, Herschel Bylaw 500-
1990)
Notwithstanding any provision of By-law No. 35-2004, as amended, to the
contrary, on lands zoned LSRh-7, the following special provisions shall apply:
i) Development in lands zoned LSRh-7 is permitted where permanent legal
access is available from a registered right-of-way a minimum of 6 metres (20
feet) in width and where an agreement has been entered into between the
owner and the municipality pursuant to which the owner shall assume all
responsibility now and in the future for the maintenance of the said right-of-
way.
ii) No habitable development is permitted except that which existed on Lots "A",
"D", "E" and "F" on Schedule A to Bylaw 500-90 on the date of passing of
Bylaw No. 310-79 where Lot "A" on Schedule A to Bylaw No. 500-90 legally
described as Lot 6, Concession 3, Herschel, and Parts 2 and 3 of Reference
Plan 21R-11965 and Part 1 of Reference Plan 21R-12930; Lot "D" is legally
described herein as Lot 6, Concession 3, Herschel, and Parts 8 and 9 of
Reference Plan 21R-11965, and Part 4 of Reference Plan 21R-12930; Lot "E"
is legally described herein as Lot 6, Concession 3, Herschel, and Parts 10
and 11 of Reference Plan 21R-11965 and Part 5 of Reference Plan 21R-
12930; and Lot "F" is legally described herein as Lot 6, Concession 3,
Herschel, and Parts 12 and 13 of Reference Plan 21R-11965 and Part 6 of
Reference Plan 21R-12930;;
iii) Any reconstruction on Lots "D", "E" and "F" on Schedule A to Bylaw No. 500-
90 must be located 30 metres (100 ft.) from the shoreline high water mark
where Lot "D" is legally described herein as Lot 6, Concession 3, Herschel,
and Parts 8 and 9 of Reference Plan 21R-11965, and Part 4 of Reference
Plan 21R-12930; Lot "E" is legally described herein as Lot 6, Concession 3,
Herschel, and Parts 10 and 11 of Reference Plan 21R-11965 and Part 5 of
Reference Plan 21R-12930; and Lot "F" is legally described herein as Lot 6,
Concession 3, Herschel, and Parts 12 and 13 of Reference Plan 21R-11965
and Part 6 of Reference Plan 21R-12930; and
iv) No reconstruction is permitted on Lot "A" on Schedule A to Bylaw No. 500-90
legally described as Lot 6, Concession 3, Herschel, and Parts 2 and 3 of
Reference Plan 21R-11965 and Part 1 of Reference Plan 21R-12930.
Removal of Holding ('h') Symbol
The holding ('h') symbol may be removed upon amendment to this by-law, once
Council is satisfied that provisions have been made to ensure that no building
opening to habitable residential buildings shall be below 330.31 metre GSC
142
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
datum, subject to NHA floodproofing criteria, where appropriate, and that all other
flood drainage reduction measures required by Council are satisfactorily
addressed, and where permanent legal access is available from a registered
right-of-way, a minimum of 6 metres (20 ft.) in width and where an agreement
has been entered into pursuant to which the owner shall assume all responsibility
for the maintenance of the said right-of-way.
All other provisions of this By-law shall apply.
27.8 LSRh-8 (Part Lot 31, Concession 6, Herschel Ward, 8.5.2, Herschel Bylaw
439-1987 and 448-1988)
Notwithstanding any provision of By-law No. 35-2004, as amended, to the
contrary, on lands zoned LSRh-8, the following special provisions shall apply:
i) Development in the LSRh zone is permitted where permanent legal access is
available from a registered right-of-way 20 metres (66 feet) in width and
where an agreement has been entered into between the owner and the
municipality pursuant to which the owner shall assume all responsibility now
and in the future for the maintenance of said right-of-way.
Removal of Holding ('h') Symbol
The holding ('h') provision shall be removed once Council is satisfied that
floodproofing to the 353.1 metre GSC datum as required by Council is
satisfactorily incorporated into construction plans.
All other provisions of this By-law shall apply.
27.9 WR-9 (Lot 30, Concession 7, Herschel Ward, 10.5.1, Bylaw 2010-012 and
Herschel Bylaw 529-1992)
Notwithstanding any provision of By-law No. 35-2004, as amended, to the
contrary, on lands zoned WR-9, the following special provisions shall apply:
i) To ensure that the setback for all buildings and structures excluding
traditional shoreline structures such as docks and boathouses is increased to
120 feet.
All other provisions of this By-law shall apply.
27.10 R2-10 (Pt Lot 12, Concession East Hastings Road, Monteagle Ward, 13.5.1,
Bylaw 2010-012 and Monteagle Bylaw 4-1992)
Notwithstanding any provision of By-law No. 35-2004, as amended, to the
contrary, on lands zoned R2-10, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted uses:
143
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
i) Two apartments.
ii) A storage workshop structure.
All other provisions of this By-law shall apply.
27.11 R2-11 (Part Lot 15, Concession 3, Monteagle Ward, 13.5.2, Bylaw 2010-012
and Monteagle Bylaw 7-1999)
Notwithstanding any provision of By-law No. 35-2004, as amended, to the
contrary, on lands zoned R2-11, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted uses:
i) A seniors lodging home with a maximum of 5 guest rooms, in addition to
accommodation for the host family.
All other provisions of this By-law shall apply.
27.12 R2h-12 (Part Lot 20, Concession 4, Herschel Ward, 13.5.3, Bylaw 2010-012
and Herschel Bylaw 584-1994)
Notwithstanding any provision of this By-law to the contrary, on lands zoned R2h-
12, the following special provisions shall apply:
i) Development shall only proceed when the "h" symbol has been removed.
Removal of Holding ('h') Symbol
The holding ('h') symbol may be removed when Council is satisfied that there is
sufficient on-site supply of potable water that meets the Ontario Drinking Water
Standards.
All other provisions of this By-law shall apply.
27.13 UC-13 (Part Lots 6 and 7, Birds Creek, West Hastings Road, Herschel Ward,
15.5.1, Bylaw 2010-012 and Herschel Bylaw 683-2000)
Notwithstanding any provision of this By-law to the contrary, on lands zoned UC-
13, the following special provisions shall apply:
Permitted Uses
The following shall be permitted in addition to the uses permitted in the Urban
Commercial (UC) Zone:
144
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
i)
A place of worship and assembly hall.
All other provisions of this By-law shall apply.
27.14 UC-14 (Part Lots 17 and 18, Concession East Hastings Road, Monteagle
Ward, 15.5.2, Bylaw 2010-012 and Monteagle Bylaw 2-1992)
Notwithstanding any provision of this By-law to the contrary, on lands zoned UC-
14, the following special provisions shall apply:
Permitted Uses
The following shall be permitted in addition to the uses permitted in the Urban
Commercial (UC) Zone:
i)
Meat cutting and wholesale business.
All other provisions of this By-law shall apply.
27.15 UC-15 (Lots 13 and 14, Concession East Hastings Road, Monteagle Ward,
15.5.3)
Notwithstanding any provision of this By-law to the contrary, on lands zoned UC-
15, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted use:
i)
Miniature golf course.
ii) One building.
All other provisions of this By-law shall apply.
Repealed by Bylaw 2020-015 and amended to the Residential First Density
(R1) Zone.
27.16 RC-16 (Lot 6, Concession 8, McClure Ward, 16.5.1, Bylaw 2010-012)
Notwithstanding any provision of this By-law to the contrary, on lands zoned RC-
16, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted use:
i) Retail outlet, specifically a convenience store.
145
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
All other provisions of this By-law shall apply.
27.17 RC-17 (Lot 17, Concession 6, Bangor Ward, 16.5.2, Bylaw 2010-012)
Notwithstanding any provision of this By-law to the contrary, on lands zoned RC-
17, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted use:
i) An automobile service station and retail store (general store).
All other provisions of this By-law shall apply.
27.18 RC-18 (Lot 24, Concession 7, Bangor Ward, 16.5.3, Bylaw 2010-012)
Notwithstanding any provision of this By-law to the contrary, on lands zoned RC-
18, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted use:
i) Retail outlet (gift shop).
All other provisions of this By-law shall apply.
27.19 RC-19 (Part Lot 5, Concession 3, Herschel Ward, 16.5.4, Bylaw 2010-012
and Herschel Bylaw 684-2000)
Notwithstanding any provision of this By-law to the contrary, on lands zoned RC-
19, the following special provisions shall apply:
i) To allow four (4) Self Storage Buildings. Shall mean a single storey
building containing individual doorways each accessing a fully enclosed
room that is used for storage of inactive and stable dry goods, only.
All other provisions of this By-law shall apply.
27.20 RC-20 (Lot 9, Concession 3, Monteagle Ward, 16.5.5, Bylaw 2010-012)
Notwithstanding any provision of this By-law to the contrary, on lands zoned RC-
20, the following special provisions shall apply:
Permitted Uses
146
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
The following shall be the only permitted use:
i) Automobile repair.
All other provisions of this By-law shall apply.
27.21 RC-21 (Lot 26, Concession 16, Monteagle Ward, 16.5.6, Bylaw 2010-012)
Notwithstanding any provision of this By-law to the contrary, on lands zoned RC-
21, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted use:
i) Snowmobile repair.
All other provisions of this By-law shall apply.
27.22 RC-22 (Lot 10, Concession 11, McClure Ward, 16.5.7, Bylaw 2010-012 and
Bangor, Wicklow, McClure Bylaw 7-1989)
Notwithstanding any provision of this By-law to the contrary, on lands zoned RC-
22, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted use:
i) Retail establishment including a gas bar.
All other provisions of this By-law shall apply.
27.23 RRC-23 (Lots 23 and 24, Concession 5, Herschel Ward, 17.5.1)
Notwithstanding any provision of this By-law to the contrary, on lands zoned
RRC-23, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted use:
i) A tourist establishment.
Zone Provisions
i) Number of persons to be accommodated (maximum) 48.
147
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
All other provisions of this By-law shall apply.
27.24 RRC-24 (Lot 20, Concession 4, Herschel Ward, 17.5.2)
Notwithstanding any provision of this By-law to the contrary, on lands zoned
RRC-24, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted use:
i) A marina;
ii) Automobile parking.
Zone Provisions
i) Parking spaces (minimum) 29 (for the exclusive use of the RRC-25 zone).
All other provisions of this By-law shall apply.
27.25 RRC-25 (Part Lots 12, 13 and 14, Concession West Hastings Road,
Herschel Ward, 17.5.3, Bylaw 2010-012 and Herschel Bylaw 585-1994)
Notwithstanding any provision of this By-law to the contrary, on lands zoned
RRC-25, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted uses:
i) A tourist establishment (tent and trailer park); and
ii) A garden centre.
All other provisions of this By-law shall apply.
27.26 RRC-26 (Part Lots 18 and 19, Concession 4, Herschel Ward, 17.5.4, Bylaw
2010-012 and Herschel Bylaw 586-1995)
Notwithstanding any provision of this By-law to the contrary, on lands zoned
RRC-26, the following special provisions shall apply:
Permitted Uses
148
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
i) The primary permitted use shall be a tourist establishment consisting of
four (4) tourist cottages;
ii) One accessory building shall be permitted and such accessory building
shall not be used for commercial or industrial purposes.
Zone Provisions
i) Number of cabins (maximum) 4;
ii) Setbacks from front yard: 6.096 metres (20 feet)
iii) Minimum setback from street centreline: 9.14 metres.
All other provisions of this By-law shall apply.
27.27 RRC-27 (Part Lot 34, Concession 6, Herschel Ward, 17.5.5)
Notwithstanding any provision of this By-law to the contrary, on lands zoned
RRC-27, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted use:
i) A tourist establishment consisting of a tent and trailer park.
All other provisions of this By-law shall apply.
Repealed by Bylaw 63-2005 as zoning amended to the Marginal Agricultural
(MA) Zone.
27.28 RRC-28 (Lot 31, Concession 8, as Part 1 of Reference Plan 21R-3849,
Herschel Ward 17.5.6 Bylaw 2010-012 and Herschel, Bylaw 328-1980)
Notwithstanding any provision of this By-law to the contrary, on lands zoned
RRC-28, the following special provisions shall apply:
Permitted Uses
The following shall be permitted in addition to the uses permitted in the
Recreational/Resort Commercial (RRC) Zone:
i)
A tent and trailer park.
Zone Provisions
i)
front yard (minimum) - 12 metres (39.4 ft.)
149
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
ii) exterior side yard (minimum) - 12 metres (39.4 ft.)
iii) interior side yard (minimum) - 6 metres (19.7 ft.), except where the interior
side lot line abuts a residential zone, the minimum interior side yard width
shall be 9 metres.
iv) rear yard (minimum) - 7.5 metres (24.6 ft.)
All other provisions of this By-law shall apply.
27.29 RRC-29 (Lot 13, Concession 9, Herschel Ward, 17.5.7, Bylaw 2004-005)
Notwithstanding any provision of this By-law to the contrary, on lands zoned
RRC-29, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted uses:
i) To accommodate a second septic system on the property
Zone Provisions
i)
Number of tourist cabins (maximum) 1
ii) Number of dwelling units (homes) (maximum) 1.
All other provisions of this By-law shall apply.
27.30 UI-30 (Lot 3, Concession 1, Herschel Ward, 18.5.1, Bylaw 2010-012 and
Herschel Bylaw 635-1997)
Notwithstanding any provision of this By-law to the contrary, on lands zoned UI-
30, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted uses:
i) Bark storage and processing;
ii) Accessory garage/repair shop for equipment associated with principal use.
All other provisions of this By-law shall apply.
27.31 UI-31 (Lot 3, Concession 1, Herschel Ward, 18.5.2, Bylaw 2010-012 and
Herschel Bylaw 653-98)
150
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
Notwithstanding any provision of this By-law to the contrary, on lands zoned UI-
31, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted uses:
i) A garage/workshop;
ii) Tub grinder.
Zone Provisions
i) Area of garage/workshop (maximum) 297.78 sq. m (3200 sq. ft.)
All other provisions of this By-law shall apply.
27.32 UI-32 (Lot 16, Concession 2, Monteagle Ward, 18.5.3, Bylaw 2010-012)
Notwithstanding any provision of this By-law to the contrary, on lands zoned UI-
32, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted use:
i) A machine shop.
All other provisions of this By-law shall apply.
27.33 UI-33 (Lot 18, Concession East Hastings Road, Monteagle Ward, 18.5.4,
Bylaw 2010-012 and Monteagle Bylaw 10-1992)
Notwithstanding any provision of this By-law to the contrary, on lands zoned UI-
33, the following special provisions shall apply:
Permitted Uses
The following shall be permitted in addition to the uses permitted in the Urban
Industrial (UI) Zone:
i) A machine shop.
All other provisions of this By-law shall apply.
151
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
27.34 RI-34 (Lot 11, Concession East Hastings Road, Wicklow Ward, 19.5.1,
Bylaw 2010-012 and Bangor, Wicklow, McClure Bylaw 34-1986)
Notwithstanding any provision of this By-law to the contrary, on lands zoned RI-
34, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted use:
i) A welding shop.
All other provisions of this By-law shall apply.
27.35 RI-35 (Lot 25, Concession 16, Monteagle Ward, Bylaw 2010-012 and
amended by Bylaw 2013-068 to RI-70)
Notwithstanding any provision of this By-law to the contrary, on lands zoned RI-
35, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted use:
a) A sawmill, lumberyard, planing mill, dry kin, chipper and repair depot.
Zone Provisions
i) No portion of the subject premises shall be used other than to
accommodate the sawmill and lumberyard and other uses usual and
ancillary to a sawmill and lumberyard, including, without limiting the
generality thereof, a planing mill, dry kin, chipper and a repair depot for the
equipment of the property owner used in the operation of the aforesaid
undertakings;
ii) No portion of the subject premises shall be used for burning of sawdust or
other waste;
iii) Except for a single entrance not more than 9.1 m (30 ft.) in width under
permit from the Ministry of Transportation and located in the westerly half
of the northerly boundary of Lot 25, Concession 16, no portion of the
subject premises shall be used to provide direct access to Highway 62.
Any further entrance required is to be made to the Moxam side road;
152
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
iv) No portion of the subject premises lying within 518.2 m (1,700 ft.) of the
south limit of Highway 62 shall be used for the open storage of sawdust,
bark or any other waste;
v) No portion of the subject premises lying within 91.4 m (300 ft.) of the south
or the west limits of Lot 25, Concession 16 shall be used for the storage of
sawdust, bark or other waste;
vi) No portion of the subject premises presently occupied by bush and
located between a refuse disposal site thereon and the west limit of Lot 25
shall be cleared of such growth;
vii) No portion of the subject premises lying within 91.4 m (300 ft.) of its
perimeter shall be used as a roadway, unless such roadway has been
constructed or treated so as to eliminate dust from passing vehicles.
and
b) A landscape materials transfer yard and landscape materials depot.
Zone Provisions
i) An 18 metre (60 foot) entrance on Highway 62;
ii) Landscaping and aggregate materials transfer yard;
iii) Wholesale and retail landscaping and aggregate materials depot;
iv) Landscaping
All other provisions of this By-law shall apply.
27.36 RI-36 (Lot 32, Concession 6, Bangor Ward, 19.5.3, Bylaw 2010-012)
Notwithstanding any provision of this By-law to the contrary, on lands zoned RI-
36, the following special provisions shall apply:
Permitted Uses
The following shall be permitted in addition to other permitted uses in the Rural
Industrial (RI) Zone:
i)
Sale of new and used automobiles.
153
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
All other provisions of this By-law shall apply.
27.37 RI-37 (Lot 25, Concession 7, Bangor Ward, 19.5.4, Bylaw 2010-012)
Notwithstanding any provision of this By-law to the contrary, on lands zoned RI-
37, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted use:
i) A sawmill.
All other provisions of this By-law shall apply.
27.38 RI-38 (Lot 18, Concession 4, Herschel Ward, 19.5.5, Bylaw 2010-012)
Notwithstanding any provision of this By-law to the contrary, on lands zoned RI-
38, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted use:
i) Telecommunications facilities and equipment.
All other provisions of this By-law shall apply.
27.39 RI-39 (Lot 34, Concession 4, Herschel Ward, 19.5.6, Bylaw 2010-012)
Notwithstanding any provision of this By-law to the contrary, on lands zoned RI-
39, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted use:
i) Telecommunications facilities and equipment.
All other provisions of this By-law shall apply.
27.40 RI-40 (Lot 20, Concession 1, Herschel Ward 19.5.7 Bylaw 2010-012 and
Herschel, Bylaw 602-1995)
Notwithstanding any provision of this By-law to the contrary, on lands zoned RI-
40, the following special provisions shall apply:
154
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
Permitted Uses
The following shall be the only permitted use:
i) Communications tower and accessory buildings.
All other provisions of this By-law shall apply.
27.41 RI-41 (Lot 21, Concession 1, Herschel Ward 19.5.8 Bylaw 2010-012 and
Herschel, Bylaw 432-1986)
Notwithstanding any provision of this By-law to the contrary, on lands zoned RI-
41, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted use:
i) Telecommunications facilities and accessory buildings.
All other provisions of this By-law shall apply.
27.42 RI-42 (Lot 30, Concession 7, Monteagle Ward 19.5.10 Bylaw 2010-012 and
Monteagle, Bylaw 10-1995)
Notwithstanding any provision of this By-law to the contrary, on lands zoned RI-
42, the following special provisions shall apply:
Permitted Uses
The following shall be permitted in addition to other permitted uses in the Rural
Industrial (RI) Zone:
i) Repair workshop and office.
All other provisions of this By-law shall apply.
27.43 RI-43 (Lot 11, Concession 8, Monteagle Ward 19.5.11 Bylaw 2010-012 and
Monteagle, Bylaw 3-1999)
Notwithstanding any provision of this By-law to the contrary, on lands zoned RI-
43, the following special provisions shall apply:
Permitted Uses
The following shall be permitted in addition to other permitted uses in the Rural
Industrial (RI) Zone:
155
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
i) Manufacturing use.
All other provisions of this By-law shall apply.
27.44 RI-44 (Lot 62, Concession East Hastings Road, Monteagle Ward 19.5.12
Bylaw 2010-012 and Monteagle, Bylaw 12-1989)
Notwithstanding any provision of this By-law to the contrary, on lands zoned RI-
44, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted use:
i) Communications tower.
All other provisions of this By-law shall apply.
27.45 WD-45 (Lot 14, Concession 1, Wicklow Ward and Lot 11, Concession 7,
Monteagle Ward 22.5.1 Bylaw 2010-012 and Bangor, Wicklow, McClure
Bylaw, 24-1999)
Notwithstanding any provision of this By-law to the contrary, on lands zoned WD-
45, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted use:
i) Salvage yard for the purpose of wrecking or dismantling automobiles for
the purpose of sale of part or other disposal.
All other provisions of this By-law shall apply.
27.46 CF-46 (Part Lots 31 and 32, Concession 4, Herschel Ward, 23.5.1)
Notwithstanding any provision of this By-law to the contrary, on lands zoned CF-
46, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted use:
i) A recreational complex for seniors.
Zone Provisions
156
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
i) Number of persons to be accommodated (maximum) 10.
All other provisions of this By-law shall apply.
27.47 OS-47 (Lot 12, Concession 11, McClure Ward 24.5.1, Bylaw 2010-012)
Notwithstanding any provision of this By-law to the contrary, on lands zoned OS-
47, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted use:
i) Private open space.
All other provisions of this By-law shall apply.
27.48 OS-48 (Lot 17 and 18, Concession 6, Bangor Ward 24.5.2, Bylaw 2010-012)
Notwithstanding any provision of this By-law to the contrary, on lands zoned OS-
48, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted use:
i) There shall be no development permitted on Block A Lots 17 and 18,
Concession 6.
All other provisions of this By-law shall apply.
27.49 OS-49 (Part Lot 17, Concession 5, Herschel Ward 24.5.3, Bylaw 2010-012)
Notwithstanding any provision of this By-law to the contrary, on lands zoned OS-
49, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted use:
i) No buildings or structures shall be permitted.
ii) A woodlot shall be the only permitted use.
All other provisions of this Bylaw shall apply.
157
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
27.50 OS-50 (Lots 7, 8 and 9, Concession 5 and Lot 9, Concession 6, Herschel
Ward 24.5.4, Bylaw 2010-012)
Notwithstanding any provision of this Bylaw to the contrary, on lands zoned OS-
50, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted use:
i) Passive recreational uses.
ii) No development shall be permitted.
All other provisions of this Bylaw shall apply.
27.51 cancelled
27.52 RRC-52 (Lots 10, Concession 10, McClure Ward Bylaw 2010-012 and
Bangor, Wicklow McClure, Bylaw 12-2004)
Notwithstanding any provision of this Bylaw to the contrary, on lands zoned RRC-
52, the following special provisions shall apply:
Permitted Uses
The following shall be the only permitted use:
i) Recognize frontage on a private right-of-way.
All other provisions of this Bylaw shall apply.
27.53 RR-53 (Lots 16, Concession 4, Herschel Ward Bylaw 2010-012 and
Herschel, Bylaw 41-2004)
Notwithstanding any provision of this By-law to the contrary, on lands zoned RR-
53, the following special provisions shall apply:
Permitted Uses
i) Reduced lot area on both the severed (.62 acres + or -) and retained lot
(.08 acres + or-);
ii) Side yard setbacks less than standard (gazebo);
iii) Front yard setbacks less than standard (dwelling units);
158
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
iv) Less frontage than required on a fully maintained municipal road on the
severed lot. (51.88 ft.).
All other provisions of this By-law shall apply.
Repealed by Bylaw 2018-034 - rezoned to Special Limited Service
Residential (LSR-97) - 97.
27.54 RI-54 (Lots 24 and 25, Concession 16, Monteagle Ward, Bylaw 2010-012 and
Monteagle, Bylaw 27-2006)
Notwithstanding any provision of this Bylaw to the contrary, on lands zoned RI-
54, the following special provisions shall apply:
Permitted Uses
The following shall be a permitted use:
i)
Permit a single-family dwelling for the use of the owner, manager, caretaker
or other similar person and their family, provided further that such person is
employed on the lot on which such dwelling is located.
All other provisions of this Bylaw should apply.
27.55 RR-55 (Lots 15, Concession 3, Herschel Ward, Bylaw 2010-012 and Bylaw
58-2009)
Notwithstanding any provision of this Bylaw to the contrary, on lands zoned RR-
55, the following special provisions shall apply:
i)
Shall acknowledge the close proximity of the pit to the new lot.
All other provisions of this By-law shall apply.
27.56 MA-56 & EP-56 (Lots 14, Concession 3, Herschel Ward, Bylaw 2010-012 and
Bylaw 75-2009)
Notwithstanding any provision of this Bylaw to the contrary, on lands zoned MA-
56 & EP-56, the following special provisions shall apply:
i)
Shall acknowledge the close proximity of the pit to the new lot being within an
area of influence within 500 m.
All other provisions of this By-law shall apply.
27.57 WR-57 & EP-57 (Lots 14, Concession 3, Herschel Ward, Bylaw 2010-012 and
Bylaw 75-2009)
159
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
Notwithstanding any provision of this Bylaw to the contrary, on lands zoned WR-
57 & EP-57, the following special provisions shall apply:
i)
Shall acknowledge the close proximity of the pit to the retained lot being
within an area of influence within 500 m.
All other provisions of this Bylaw shall apply.
27.58 LSR-58 (Part Lot 24, Concession 11, Monteagle Ward, Bylaw 2014-062)
Notwithstanding any provision of this Bylaw to the contrary, on lands zoned LSR-
58, the following provisions shall apply:
i)
Lot Area (Minimum) - 21.8 ha (54 acres)
ii) Setback from the high water mark of Graphite Lake - 300 metres (984.2 ft).
iii) The provisions of the LSR Zone (Section 8.1) of Bylaw No. 2004-035, as
amended, shall apply to the lands zoned LSR-58.
All other provisions of the LSR Zone and this Bylaw, as amended, shall apply to
the lands zoned LSR-58.
27.59 cancelled.
27.60 RRC-60 (Pt Lot 32, Concessions 5 and 6, Herschel, Bylaw 2010-010)
Notwithstanding any provision of this Bylaw to the contrary, on the lands zoned
RRC-60, the following special provisions shall apply:
Zoning Provisions:
i)
Number of sleeping accommodation units, including accessory dwelling units,
within the tourist establishment (maximum): 14;
ii) Total gross floor area of all development after March 24, 2010 of sleeping
accommodation buildings or accessory buildings that include plumbing, net of
the gross floor area of any existing sleeping accommodation buildings
removed, demolished, or destroyed (maximum): 135 square metres (1,453.1
sq. ft.). "Existing buildings" refers to those existing on March 24, 2010, as
shown in Schedule 1(a) to Bylaw 2010-010;
160
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
iii) Notwithstanding Section 5.17.2 of this Bylaw, a building, structure, or sewage
disposal system existing on March 24, 2010 may be reconstructed or
expanded within 30 metres (98.4 ft.) of the high water mark of Baptiste Lake,
provided the least distance between it and the high water mark is not
reduced;
iv) Notwithstanding Section 5.17.2 (ii) of this Bylaw, no new sewage disposal
system shall be located within 30 metres (98.4 ft.) of the high water mark of
Baptiste Lake.
All other provisions of this Bylaw shall apply.
27.61 MA-61 (Pt Lot 27, Concession 5, Monteagle, Bylaw 2010-010)
Notwithstanding any provision of this Bylaw to the contrary, on the lands zoned
MA-61, the following special provisions shall apply:
i)
Shall acknowledge the reduced setback (150 metres) of the existing dwelling
to the existing aggregate pit.
All other provisions of this Bylaw shall apply.
27.62 cancelled.
27.63 cancelled.
27.64 EP-64 (Pt Lot 8, Concession 2, Part 3, Plan 21R-23546 Herschel, Bylaw
2011-054)
Notwithstanding any provision of this Bylaw to the contrary, on the lands zoned
EP-64, the following special provisions shall apply:
i)
The EP-64 zone shall reflect the lands identified as the Flood Fringe limit on
the map attached to Bylaw 2011-054 as Schedule "A"; and
ii) No development except a dock or a boathouse shall be located within the
Environmental Protection - 64 (EP-64) Zone (Flood Fringe Limit).
All other provisions of this Bylaw shall apply.
27.65 LSR-65 (Pt Lot 26, Concession 6 Herschel Bylaw 2011-063)
Notwithstanding any provision of this Bylaw to the contrary, on the lands zoned
LSR-65, the following special provisions shall apply:
161
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
i)
Shall allow a third cottage, maximum 1,200 square feet and connected to the
existing septic system, to be built on the property 70 feet from the high water
mark of Baptiste Lake, the vegetation between the lake and the proposed
cottage is not to be disturbed.
All other provisions of this Bylaw shall apply.
27.66 WR-66 (Summer Resort Lots 4 and 4A, Plan 1284 and Part 3, 21R-13241
Wicklow, Bylaw 2011-068)
Notwithstanding any provision of this Bylaw to the contrary, on the lands zoned
WR-66, the following special provisions shall apply:
i)
Shall allow a second cottage to be built on the property 64 feet from the high
water mark of Papineau Lake.
All other provisions of this Bylaw shall apply.
27.67 UC-67 (Pt Lots 7 and 8, West Hastings Road, Herschel, Bylaw 2011-066)
Notwithstanding any provision of this Bylaw to the contrary, on the lands zoned
UC-67, the following special provisions shall apply:
Provisions for Urban Commercial Special - 67 (UC-67)
General
Within the UC-67 zone, no person shall use any land or use, erect, locate,
occupy, or alter any building or structure except as permitted by and in
compliance with the requirements of the Urban Commercial (UC) Zone and the
provisions of this Bylaw.
Permitted Uses:
The following are the only purposes for which a person may use land and use,
erect, locate, occupy, or alter buildings and structures within the Urban
Commercial - Special - 67 (UC-67) Zone:
Principal Uses
i)
Single family residence in the existing building on the property.
ii) Retail commercial establishment.
Secondary and Ancillary Uses within Existing Structure
i)
Service Shop
162
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
ii) Sale of snack foods.
Special Provisions
Notwithstanding the provision of Bylaw 35-2004 to the contrary, the following
special provisions shall apply:
i)
Minimum Front Yard Setback - existing setback
ii) Minimum Lot area - 0.08 hectares (.25 acres) (existing lot area)
iii) Minimum Lot Frontage - 25.1 metres (existing lot frontage)
iv) Minimum Side Yard Depths - 0.45 metres one side (existing south side yard)
and 7.5 metres the other side
v) Minimum Front Yard Dept - existing depth.
General Provisions
i)
The minimum screening on the lot zoned UC-67 shall be a cedar hedge
having a minimum height of 1.5 metres. Such screening hedge shall be
located along the common property line separating the parking area and the
lands in the Residential Second Density (R2) Zone to the south.
ii) Parking areas shall locate no closer than 1 metre to the boundary of a
Residential Second Density (R2) Zone.
All other provisions of this Bylaw shall apply.
27.68 MA-68 (Pt Lots 9 and 10, Concession 4, Monteagle, Bylaw 2012-048)
Notwithstanding any provision of this Bylaw to the contrary, on the lands zoned
MA-68, the following special provisions shall apply:
i)
To prohibit the keeping and raising of livestock in the existing building on the
lands.
All other provisions of this Bylaw shall apply.
27.69 MA-69 (Pt Lots 8 and 9, Concession 9 and Pt Lots 6, 7 and 8, Concession
10, McClure, Bylaw 2012-053)
Notwithstanding any provision of this Bylaw to the contrary, on the lands zoned
MA-69, the following special provisions shall apply:
163
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
i)
Shall establish a minimum of a 300-metre setback of septic systems from the
shoreline of Lake St. Peter and require that any possible future zoning bylaw
amendment or minor variance application intended to reduce the 300-metre
setback will require the completion of a site-specific soils investigation
completed to the satisfaction of the Ministry of the Environment.
All other provisions of this Bylaw shall apply.
27.70 RI-35 (Lot 25, Concession 16, Monteagle, Bylaw 2013-068 amending RI-35)
That Bylaw 2004-035, as amended, is further amended by amending Section
27.35 Rural Industrial -35 (RI-35) by adding or amending the following:
Permitted uses:
The following shall be the only permitted uses:
Replace "i)" with "a." to indicate sub-paragraph "a." immediately before "a
sawmill, lumberyard, planning mill, dry kiln, chipper and repair depot."
Zone Provisions i) through vii) under this section shall remain unchanged
Add the word "and" together with sub-paragraph "b" as follows:
b. a landscape materials transfer yard and landscape materials depot.
Zone Provisions
i)
An 18 m (60 ft.) entrance on Highway 62;
ii)
Landscaping and aggregate materials transfer yard;
iii)
Wholesale and retail landscaping and aggregate materials depot;
iv)
Landscaping materials shall include, but not be limited to, bark
mulch.
All other provisions of this Bylaw shall apply.
27.71 LSR-71 (Lot 11, Pt Lot 12, Plan 2272 and Part 1, Plan 21R-23504, Herschel,
Bylaw 2014-002)
Notwithstanding any provision of this Bylaw to the contrary, on the lands zoned
LSR-71, the following special provisions shall apply:
i)
Shall recognize the lot frontage of 84.2 metres and lot area of .25 hectare
and to require a minimum 15 metre setback from the high-water mark of any
water body/watercourse.
All other provisions of this Bylaw shall apply. (replaced and repealed by Bylaw
2021-025)
164
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
27.72 LSR-72 (Pt Lot 12, Plan 2272, Part 1, 21R-1598 & Part 7, 21R-18527,
Herschel, Bylaw 2014-003)
Notwithstanding any provision of this Bylaw to the contrary, on the lands zoned
LSR-72, the following special provisions shall apply:
i) Shall recognize the lot frontage of 34.5 metres and lot area of 0.17 hectare
and to require a minimum 15 metre setback from the high water mark of any
waterbody/watercourse.
All other provisions of this Bylaw shall apply.
27.73 MA-73 (Pt Lot 32, Concession 1, save and except Parts 1, 2, 3 and 4 of
Reference Plan 21R-24124, Bangor, Bylaw 2014-013)
Notwithstanding any provisions of this Bylaw to the contrary, on the lands zoned
MA-73, the following special provisions shall apply:
i)
Shall recognize the existing accessory building without a principal use
building on the retained lot.
All other provisions of this Bylaw shall apply.
27.74 RR-74 (Pt Lot 32, Concession 1, being Part 3 of Reference Plan 21R-24124
Bangor, Bylaw 2014-012)
Notwithstanding any provision of this Bylaw to the contrary, on the lands zoned
RR-74, the following special provisions shall apply:
i) Shall recognize the reduced size of the severed lot at 1.09 hectares (2.69
acres) and the reduced front yard setback of 4.4 metres or 14.8 feet of the
severed lot being Part 3 on Reference Plan 21R-24124.
All other provisions of this Bylaw shall apply.
27.75 MA-75 (Pt Lot 1, Concession 3, being 43 Bird Lake Road, Birds Creek,
Herschel, Bylaw 2014-029)
Notwithstanding any provisions of this Bylaw to the contrary, on the lands zoned
MA-75, the following special provisions shall apply:
i)
Shall recognize the resulting lot area and lot frontage as the minimum
required.
All other provisions of this Bylaw shall apply.
165
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
27.75 WR-75 (Pt. Lot 12, Concession 11, McClure, Bylaw 2014-043)
Notwithstanding any provisions of this Bylaw to the contrary, on the lands zoned
WR-75, the following special provisions shall apply:
i) Shall recognize the resulting lesser lot frontage of the severed and benefitting
lands of Severance B89/13 being the newly created lot.
All other provisions of this Bylaw shall apply.
27.76 RRC-76 (Pt Lot 25, Concessions 7 and 8, Wicklow, Bylaw 2014-068)
Notwithstanding any provision of this Bylaw to the contrary, on the lands zoned
RRC-76, the following special provisions shall apply:
i)
Permitted Uses
The following shall be the only permitted uses:
a. Camping Establishment
i.
Travel Trailer Sites for tents only (maximum) - 30 sites
ii.
Travel Trailer Sites for trailers only (maximum) - 2 sites
iii.
Tourist Cabins (maximum) - 5 cabins
1. Gross area maximum of - 9.6 sq.m (103 sq.ft)
iv.
Section 17.3 e) vi) does not apply to Travel Trailer sites used
only for tents.
v.
Section 17.3 e) ix) does not apply.
b. One Dwelling unit for owner/operator of the travel trailer park.
c. Storage Building
I.
Number of Storage buildings (maximum) -1
II.
Gross Floor Area (maximum) - 215.6 sq.m. (2,320 sq.ft)
d. Gazebo
i.
Number of Gazebos (maximum) -1
ii.
Gross Floor Area (maximum) - 177 sq.m. (1,905 sq. ft.)
e. Kitchen Facility
166
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
i.
Number of Kitchen Facilities (maximum) - 1
ii.
Gross Floor Area (maximum) - 70 sq.m (753 sq.ft)
f. Recreational Buildings
i.
Number of recreational buildings (maximum) - 2
ii.
Gross Floor Area all recreational buildings - (maximum)
272 sq. m (2,927 sq.ft)
g. Shower Facilities
i.
Number of shower facilities (maximum) - 2
ii.
Gross Floor Area (maximum) - 35 sq. m (376 sq.ft.)
h. Privies (outhouses)
i.
Number of privies (maximum) - 12
i. Greenhouses
i.
Number of Greenhouses (maximum)
- 1
ii.
Gross Floor Area (maximum) - 72 sq.m.(775 sq. ft.)
j. Garden Shed
i.
Number of Garden sheds (maximum) - 1
ii.
Gross Floor Area (maximum) - 9 sq. m (96.8 sq.ft.)
ii) Notwithstanding Section 5.31 of Bylaw 2004-035 to the contrary the minimum
required parking spaces for land zoned the RRC-76 Zone shall be 44.
All other provisions of this Bylaw shall apply.
27.77 RRC-77 (Part Lot 8, Concession 2, being Part 2 of Reference Plan 21R-
23546, Herschel, Bylaw 2015-015)
Notwithstanding any provisions of this Bylaw, as amended to the contrary, on the
lands zoned Recreational/Resort Commercial - 77 (RRC-77), the following
special provisions shall apply:
i)
Permitted Uses
167
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
The following shall be the only permitted uses:
a) Tourist Establishment
i.
Housekeeping Cottages (maximum) - 4
ii. Gross area including exterior decks and porches -(maximum) -
41.8 sq.m (450 sq.ft)
b) One Dwelling unit for owner/operator of the establishment.
c) Garage
i.
Garage (maximum) - 1
ii.
Gross Floor Area (maximum) - 159.8 sq.m. (1720 sq.ft)
d) Storage Building
i.
Storage Building (maximum) - 1
ii.
Gross Floor Area (maximum) - 194 sq.m. (2088 sq. ft.)
e) Shower Facility
i.
Shower Facilities (maximum) - 1
ii.
Gross Floor Area (maximum) - 8.9 sq.m (96sq.ft)
f) Privies (outhouses)
i.
Number of privies (maximum) - 2
g) Horse stable
i.
Number of horse stables - 1
ii.
Number of horse stalls (maximum) - 5
iii.
Number of horses (maximum) - 5
iv.
Gross Floor Area (minimum) - 116 sq.m (1250 sq. ft)
h) A landscaped planting strip shall be provided along the western
property line between the housekeeping cottages and the property line.
168
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
All other provisions of this Bylaw shall apply.
27.78 Cancelled
27.79 Repealed (see 27.85)
27.80 RC-80 (Pt Lot 7, Concession 2, Herschel, Bylaw 2015-065)
Notwithstanding any provisions of this Bylaw, as amended to the contrary, on the
lands zoned Special Rural Commercial - 80 (RC-80), the following special
provisions shall apply:
i)
Permitted Uses
The following shall be the only permitted uses:
a. Logging Service Shop
ii. For the purpose of the lands zoned the Special Rural Commercial - 80 (RC-
80), a "Logging Service Shop shall mean a building used for the purposes
of storing, maintaining and repairing of logging vehicles and equipment".
All other provisions of this Bylaw shall apply.
27.81 LSR-81 (Part Lot 14, Concession 9, Monteagle, Bylaw 2015-075)
Notwithstanding any provisions of this Bylaw, as amended to the contrary, on the
lands zoned Special Limited Services Residential - 81 (LSR-81), the following
special provisions shall apply:
Permitted Uses
i)
Lot Area (minimum) - 0.7 ha (1.73 ac)
ii) Lot Frontage on a private road/right-of-way (minimum) - 55 m (180 ft)
All other provisions of this Bylaw shall apply.
27.82 LSR-82 (Part Lot 14, Concession 9, Monteagle, Bylaw 2015-075)
Notwithstanding any provisions of this Bylaw, as amended to the contrary, on the
lands zoned Special Limited Services Residential - 82 (LSR-82), the following
special provisions shall apply:
Permitted Uses
i)
Lot Area (minimum) - 0.7 ha (1.73 ac)
169
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
ii) Lot Frontage on a private road/right-of-way (minimum) - 25 m (82 ft)
All other provisions of this Bylaw shall apply.
27.83 LSR-83 (Part Lot 14, Concession 9, Monteagle, Bylaw 2015-075)
Notwithstanding any provisions of this Bylaw, as amended to the contrary, on the
lands zoned Special Limited Services Residential - 83 (LSR-83), the following
special provisions shall apply:
Permitted Uses
i)
Lot Area (minimum) - 0.7 ha (1.73 ac)
ii) Lot Frontage on a private road/right-of-way (minimum) - 25 m (82 ft)
All other provisions of this Bylaw shall apply.
27.84 LSR-84 (Part Lot 14, Concession 9, Monteagle, Bylaw 2015-075)
Notwithstanding any provisions of this Bylaw, as amended to the contrary, on the
lands zoned Special Limited Services Residential - 84 (LSR-84), the following
special provisions shall apply:
Permitted Uses
i)
Lot Area (minimum) - 0.95 ha (2.35 ac)
ii) Lot Frontage on a private road/right-of-way (minimum) - 35 m (115 ft)
All other provisions of this Bylaw shall apply.
27.85 RI-85 (Pt Lot 4, Concession 2, being Part 1, Plan 21R-24554, Herschel,
Bylaw 2016-006)
Notwithstanding any provisions of this Bylaw, as amended to the contrary, on the
lands zoned Special Rural Industrial - 85 (RI-85) Zone the following special
provisions shall apply:
Permitted Uses
i)
Shall allow a 6,000 square foot garage/storage building for a
transportation/trucking business and construction business storage/workshop
including associate office space.
All other provisions of this Bylaw shall apply.
170
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
27.86 MA-86 (Part of Lot 10, Concession 7, Monteagle, Bylaw 2016-019)
Notwithstanding any provisions of this Bylaw, as amended to the contrary, on the
lands zoned Special Marginal Agricultural - 79 (MA-86), the following special
provisions shall apply:
Permitted Uses
i)
Shall recognize the "granny flat"/second dwelling unit located on the retained
lands.
All other provisions of this Bylaw shall apply.
27.87 RR-87 (Part Lot 10, Concession 7, Part 1 on Reference Plan 21R-5237 and
Part 3 on Reference Plan 21R-24637, Monteagle, Bylaw 2016-020)
Notwithstanding any provisions of this Bylaw, as amended to the contrary, on the
lands zoned Special Rural Residential - 87 (RR-87), the following special
provisions shall apply:
Permitted Uses
i)
Shall recognize an accessory use (existing garage) prior to a principal use
(residential dwelling) on the property.
All other provisions of this Bylaw shall apply.
27.88 UC-88 (Part Lot 2, Concession 1, Herschel, Bylaw 2016-049)
Notwithstanding any provisions of this Bylaw, as amended to the contrary, on the
lands zoned Special Urban Commercial (UC-88), the following special provisions
shall apply:
The following shall be the only Permitted Uses
i)
Parking facilities associated with an existing automobile sales agency.
All other provisions of this Bylaw shall apply.
27.89 MA-89 (Part of Lots 14 and 15, Concession 8, Monteagle, Bylaw 2016-072)
Notwithstanding any provisions this Bylaw, as amended to the contrary, on the
lands zoned Special Marginal Agriculture - 89 (MA-89), the following special
provisions shall apply:
Permitted Uses
i)
To recognize access via a right-of-way.
171
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
All other provisions of this Bylaw shall apply.
27.90 MX-90 (Part of Lot 28, Lots 29 and 30, Concession 15, Monteagle, Bylaw
2017-002)
Notwithstanding any provisions this Bylaw, as amended to the contrary, on the
lands zoned Special Mineral Extractive - 90 (MX-90) Zone, the following special
provisions shall apply:
Permitted Uses
a) Shall recognize the existing extractive use on the subject lands.
All other provisions of this Bylaw shall apply.
27.91 RI-91 (Part of Lot 4, Concession 2, Part 2 on Reference Plan 21R-24772
Herschel, Bylaw 2017-045)
Notwithstanding any provisions of this Bylaw, as amended to the contrary, on the
lands zoned Special Rural Industrial - 91 (RI-91) Zone, the following special
provisions shall apply:
Permitted Uses
a) is to allow the permitted uses in the Rural Industrial (R I) Zone plus the
following:
i.
A manufacturing, processing, or warehousing undertaking for the
production of prefabricated kit homes;
ii.
A building supply outlet including equipment rentals;
iii.
Service, storage or repair of equipment and small internal combustion
engines incidental to a contractor's business, including the sale of
parts and petroleum products incidental thereto;
iv.
Any business, administrative and/or professional office accessory to
the permitted industrial uses;
v.
Self-storage - mini storage buildings (maximum of 100 units); and
172
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
vi.
Ability to store shipping containers (maximum of 5) incidental to a
contractor's business, to be stored in the rear 25% of the property and
visually screened from the street, exterior side yard and rear yard.
Any accessory buildings not attached to the Principal Building(s) will be subject
to the same setback requirements of the Principal Building(s).
All other provisions of this Bylaw shall apply.
27.92 RI-92 (Part of Lot 4, Concession 2, being Part 1 on Reference Plan 21R-
24772 Herschel, Bylaw 2017-046)
Notwithstanding any provisions of this Bylaw, as amended to the contrary, on the
lands zoned Special Rural Industrial - 92 (RI-92) Zone, the following special
provisions shall apply:
Permitted Uses
i) To allow the permitted uses in the Rural Industrial (R I) Zone plus the
following:
a. A manufacturing, processing, or warehousing undertaking for the
production of modular homes, shed, decks and small buildings.
Any accessory buildings not attached to the Principal Building(s) will be subject
to the same setback requirements of the Principal Building(s).
All other provisions of this Bylaw shall apply.
27.93 MA-93 (Part of Lot 5, Concession 10, being Part 1 on Reference Plan 21R-
14695, Monteagle, Bylaw 2017-073)
Notwithstanding any provisions of this Bylaw, as amended to the contrary, on the
lands zoned Special Marginal Agriculture - 93 (MA-93) Zone, the following
special provisions shall apply:
Permitted Uses
i)
Shall recognize the reduced lot area of 9.19 acres.
All other provisions of this Bylaw shall apply.
27.94 Cancelled.
27.95 MA-95 (Part of Lots 24 and 25, Concession 13, Part of Lot 25, Concession
14, Monteagle, Bylaw 2018-022)
Notwithstanding any provisions of this Bylaw, as amended to the contrary, on the
173
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
lands zoned Special Marginal Agriculture - 95 (MA-95) Zone, the following
special provisions shall apply:
Permitted Uses
i)
Shall require new development of the property be set back a minimum of 300
metres from the high water mark of Graphite Lake.
All other provisions of this Bylaw shall apply.
27.96 LSR-96 (Part of Lot 16, Concession 4, being Part 1 on Reference Plan 21R-
25127, Herschel, Bylaw 2018-035)
Notwithstanding any provisions of this Bylaw, as amended to the contrary, on the
lands zoned Special Limited Services Residential - 96 (LSR-96) Zone, the
following special provisions shall apply:
Permitted Uses
i)
Shall recognize the resulting lot area of the retained lands.
All other provisions of this Bylaw shall apply.
27.97 LSR-97 (Part of Lot 16, Concession 4, being Part 3 on Reference Plan 21R-
21134, being Part 2 on Reference Plan 21R-25127, Herschel, Bylaw 2018-
034)
Notwithstanding any provisions of this Bylaw, as amended to the contrary, on the
lands zoned Special Limited Services Residential - 97 (LSR-97) Zone, the
following special provisions shall apply:
Permitted Uses
i)
Shall recognize the setbacks of the existing buildings on the lands.
All other provisions of this Bylaw shall apply.
27.98 RR-98 (Lots 3 & 4, Concession 2, being Parts 1, 2, 3 and 4 on Reference
Plan 21R-25317, Herschel, Bylaw 2019-033)
Notwithstanding any provision of this Bylaw to the contrary, on lands zoned
Special Rural Residential (RR-98) - 98, the following special provisions shall
apply:
The following shall be the only Permitted Uses
i)
Uses permitted in the Rural Residential (RR) Zone; and,
174
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
ii) Uses permitted in the Residential Second Density (R2) Zone
Zone Provisions
i)
Within the RR-98 zone, Section 5.50.3 vi) of Bylaw 2004-035 shall not apply
whereby the zoning provision for Section 5.50.3 vi) is as follows: "A second
'Dwelling Unit' shall not be permitted where two (2) or more 'Dwelling Unit(s)'
exist upon a lot."
All other provisions of this Bylaw shall apply.
27.99 RR-99 (Part of Lot 10, Concession 4, being Part 4 on Reference Plan 21R-
21572, Herschel, Bylaw 2019-061)
Notwithstanding any provision of this Bylaw to the contrary, on lands zoned
Special Rural Residential - 99 (RR-99) Zone, the following special provisions
shall apply:
Permitted Uses
i)
Shall reduce the front yard minimum from 20 metres (65.6 feet) to 12.192
metres (40 feet) and the rear yard (minimum) from 10 metres (32.8 feet) to
6.096 metres (20 feet) and to recognize reduced setback requirements and
allow all other permitted uses in the Rural Residential (RR) Zone.
All other provisions of this Bylaw shall apply.
27.100 MA-100 (Part of Lot 14, and 15, Concession 8, Herschel, Bylaw 2020-005)
Notwithstanding any provision of this Bylaw to the contrary, on lands zoned
Special Marginal Agriculture - 100 (MA-100) Zone, the following special
provisions shall apply:
Permitted Uses
i)
Shall implement site specific maximum setback requirements from North
Baptiste Lake Road to mitigate negative impacts to the deer wintering habitat
in the Special Marginal Agriculture - 100 (MA-100) Zone.
No part of a single detached dwelling will be permitted more than 90 metres from
the front property line.
All other provisions of this Bylaw shall apply.
27.101 Cancelled.
175
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
27.102 MA-102 (Part of Lot 16 Concessions 3 and 4, save and except Part 1 on
Reference Plan 21R-25537, Bangor, Bylaw 2020-046)
Notwithstanding any provision of this Bylaw to the contrary, on lands zoned
Special Marginal Agriculture -102 (MA-102) Zone, the following special
provisions shall apply:
Permitted Uses
i)
Shall recognize the reduced setbacks and to clarify that no housing of
livestock shall be permitted in any of the buildings on the retained lands
noted as "C" Shed, "D" Old Horse Barn and "E" Old Hay Barn. The change
of zone category is to allow the permitted uses in the Marginal Agriculture
(MA) Zone and to recognize the buildings are 2.2 metres from the boundary
of the severed parcel which does not meet the criteria of the zoning bylaw
and does not meet the minimum distance separation for livestock near a
residential zone.
All other provisions of this Bylaw shall apply.
27.103 RR-103 (Part of Lot 11, Concession 5, being Part 1 on Reference Plan 21R-
25698, Bangor, Bylaw 2020-072)
Notwithstanding any provision of this Bylaw to the contrary, on lands zoned
Special Rural Residential - 103 (RR-103) Zone, the following special provisions
shall apply:
Permitted Uses
i)
To allow the permitted uses in the Rural Residential (RR) Zone and shall
recognize the reduced front yard setback of 9.95 metres.
All other provisions of this Bylaw shall apply.
27.104 RR-104 (Part of Lot 22, Concession 15, Part 1, Plan 21R-25676, Monteagle,
Bylaw 2020-078)
Notwithstanding any provision of this Bylaw to the contrary, on lands zoned
Special Rural Residential - 104 (RR-104) Zone, the following special provisions
shall apply:
Permitted Uses
i)
To allow the permitted uses in the Rural Residential (RR) Zone and shall
recognize the reduced setbacks of 7.63 metres to the 1 ½ story frame studio
and 9.77 metres to the pole barn (driveshed).
All other provisions of this Bylaw shall apply.
176
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
27.106 LSR-106 (Lot 11 and Part of Lot 12, Registrars Compiled Plan 2272, being
Parts 3 and 4 on Plan 21R-24177 and Part 2 on draft Reference Plan by P. A.
Miller Surveying Ltd. dated January 14, 2021, in the Geographic Township
of Herschel, Bylaw 2021-025)
Notwithstanding any provision of this Bylaw to the contrary, on lands zoned
Special Limited Service Residential - 106 (LSR-106) Zone, the following special
provisions shall apply:
Zoning Provisions
Front Yard (Minimum) 10 m
Privy 6.96 m
Frame Garage 7.79 m
Septic Field Area 2 m +/-
Side Yard (Minimum) 3 m
Septic Tile Field 2 m +/-
30 m High Water Mark
One Storey Frame Cottage (No. 252) and Deck 12.2 m from High Water
Mark,
One Storey Frame Cottage (No. 244) and Deck 4.87 m +/-.
All other provisions of this Bylaw shall apply.
27.107 LSR-107 (Part of Lot 9, Registrar's Compiled Plan 2272, Part 1 Plan 21R-
13462, Part 6, Plan 21R-18537 and Part of Lot 10, Registrar's Compiled Plan
2272 being Part 3 on draft Reference Plan dated January 14, 2021, in the
Geographic Township of Herschel, Bylaw 2021-026)
Notwithstanding any provision of this Bylaw to the contrary, on lands zoned
Special Limited Service Residential - 107 (LSR-107) Zone, the following special
provisions shall apply:
Zoning Provisions
Front Yard (Minimum) 10 m
Privy 6.17 m
Frame Garage 7.79 m
Septic Field Area 1 m more or less +/-
30 m High Water Mark
One and one-half Storey Log Cottage (No. 242) 14 m from High Water Mark
Deck on 1 ½ storey log Cottage 11.8 m from High Water Mark.
All other provisions of this Bylaw shall apply.
177
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
27.108 LSR-108-h (Part of Lots 6 and 7, Concession 10, as in QR631502, except
the Easement therein; subject to Easement in Gross as in HT63262,
together with Easement over Parts 1 and 2, Plan 21R-22863 as in HT63360,
together with Easement over Part 3, Plan 21R-22863 as in HT63361, except
for Parts 1, 2, 3, 5, 6, 7, 8 and 9, on Plan 21R-22863, in the Geographic
Township of McClure, Bylaw 2021-050)
Notwithstanding any provision of this Bylaw to the contrary, on lands zoned
Special Limited Service Residential - 107 (LSR-107) Zone, the following special
provisions shall apply:
Zoning Provisions
The change of zone category is to address the minimum lot area, the
minimum water frontage and a
30 metre vegetative buffer.
The Environmental Protection (EP) Zone will remain in the Environmental
Protection (EP) Zone.
Removal of Holding 'H' Zone
The Holding provision may be removed when a Development Agreement and
appropriate servicing plan has been designed and approved by the necessary
approval authority(ies).
All other provisions of this Bylaw shall apply.
27.109 RR-109 (Part of Lots 17 and 18, Concession 9, being Part 1 on Plan 21R-
_____ in the Geographic Township of Monteagle, Bylaw 2021-058)
Notwithstanding any provision of this Bylaw to the contrary, on lands zoned
Special Rural Residential - 109 (RR-109) Zone, the following special provisions
shall apply:
i)
Required Yards
Front Yard (minimum):
91 metres
North Interior Side Yard (minimum):
113 metres
South Interior Side Yard (minimum):
300 metres
Rear Yard (minimum):
68 metres
ii)
That the required front yard, interior side yards, and rear yard setbacks be
maintained in an undisturbed natural state.
iii)
Notwithstanding ii) above, That one (1) driveway access corridor be
permitted to access the building envelope from the road.
The Environmental Protection (EP) Zone is to remain the same.
All other provisions of this Bylaw shall apply.
178
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
27.110 MA-110 (Part of Lot 4, Concession 10, in the Geographic Township of
Herschel, Bylaw 2021-059)
Notwithstanding any provision of this Bylaw to the contrary, on lands zoned
Special Limited Service Residential - 107 (LSR-107) Zone, the following special
provisions shall apply:
The change of zone category is to allow the permitted uses in the Marginal
Agriculture (MA) Zone, to recognize that this property has never been used as a
Waste Disposal Site, it has been used as a residence since the 1890's and to
recognize the property is within 500 metres of a Waste Disposal Site located at
353 North Baptiste Lake Road.
All other provisions of this Bylaw shall apply.
27.112 RR-112 (Part of Lot 2, Concession 15, being Part 1 on Reference Plan 21R-
______, in the Geographic Township of Herschel, Bylaw 2021-090)
Notwithstanding any provision of this Bylaw to the contrary, on lands zoned
Special Rural Residential - 112 (RR-112) Zone, the following special provisions
shall apply:
The change of zone category is to recognize the reduction in Minimum Distance
Separation (MDS) setback from the existing barn to the west boundary of Part 1
being 118 metres, the reduction in Minimum Distance Separation (MDS) setback
to the dwelling on Part 1 and to recognize the reduced setbacks of structures to
the property boundaries as follows:
Carport 10.88 metres from front property line
One and one-half storey dwelling 12.62 metres to front property line
All other provisions of this Bylaw shall apply.
27.113 MA-113 (Part of Lots 2 and 3, Concession 15, except Part 1 on Plan 21R-
25980, in the Geographic Township of Herschel, Bylaw 2021-094)
Notwithstanding any provision of this Bylaw to the contrary, on lands zoned
Special Marginal Agriculture - 113 (MA-113) Zone, the following special
provisions shall apply:
The change of zone category is to recognize the reduced setbacks of structures
to the property boundaries as follows::
One storey dwelling 15.49 metres to front property line
Quonset building 9.51 metres to front property line
The Environmental Protection (EP) Zone shall remain as is.
All other provisions of this Bylaw shall apply.
179
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
180
Municipality of Hastings Highlands Comprehensive Zoning Bylaw 2004-035 (Consolidated)
MUNICIPALITY OF HASTINGS
HIGHLANDS
ZONING BY-LAW 2004-035