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TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE i
TABLE OF CONTENTS
ADMINISTRATION AND INTERPRETATION ...................................................... 1
Title................................................................................................................................................ 1
General .......................................................................................................................................... 1
Content.......................................................................................................................................... 1
Scope ............................................................................................................................................. 1
Conflicting Standards..................................................................................................................... 1
Interpretation ................................................................................................................................ 1
Illustrations .................................................................................................................................... 1
Administration and Enforcement .................................................................................................. 2
1.8.1
Designated Officer ................................................................................................................. 2
1.8.2
Permits, Licenses and Approvals ........................................................................................... 2
1.8.3
Violation and Penalties .......................................................................................................... 2
Change of Use ............................................................................................................................... 2
1.9.1
Certificate of Occupancy ....................................................................................................... 2
Zoning Categories .......................................................................................................................... 2
1.10.1
Zoning Schedules ................................................................................................................... 4
1.10.2
Zone Boundaries .................................................................................................................... 4
Special Exception Zones ................................................................................................................ 4
Holding Zones ................................................................................................................................ 5
Validity ........................................................................................................................................... 5
1.13.1
Continuation .......................................................................................................................... 5
Minor Variance .............................................................................................................................. 5
Zoning By-law Amendment ........................................................................................................... 5
DEFINITIONS ....................................................................................................... 6
GENERAL PROVISIONS ....................................................................................24
Accessory Use .............................................................................................................................. 24
3.1.1
Attached Accessory Buildings .............................................................................................. 24
3.1.2
Accessory Buildings ............................................................................................................. 24
3.1.3
Access to Garage from Rear Lane ........................................................................................ 24
TOWN OF HEARST
PAGE ii
ZONING BY-LAW NO. 76-19
3.1.4
Height .................................................................................................................................. 24
3.1.5
Human or Animal Habitation ............................................................................................... 24
3.1.6
Location ............................................................................................................................... 24
3.1.7
Lot Coverage........................................................................................................................ 25
3.1.8
Portable Buildings and Shipping Containers ........................................................................ 25
3.1.9
Prior to Erection of Principal Buildings ................................................................................ 25
3.1.10
Swimming Pools .................................................................................................................. 26
Buffer Strips ................................................................................................................................. 27
Daylighting Triangles at Railway Crossings .................................................................................. 27
Exceptions to Height Limitations ................................................................................................. 27
Exemption From Lot Area or Frontage Requirements ................................................................. 27
Frontage on a Street .................................................................................................................... 28
Group Homes .............................................................................................................................. 28
Home-Based Business ................................................................................................................. 28
Landfill Sites ................................................................................................................................. 29
Loading Requirements ................................................................................................................. 29
Non-Complying Building and Structures ...................................................................................... 29
3.11.1
Reconstruction, Enlargement and Extension....................................................................... 29
3.11.2
Development on Existing Non-Complying Lots.................................................................... 29
3.11.3
Additions and Accessory Uses Permitted ............................................................................ 29
Non-Conforming Uses ................................................................................................................. 29
3.12.1
Continuation of Existing Uses .............................................................................................. 29
3.12.2
Reconstruction of Damaged Existing Building ..................................................................... 30
3.12.3
Restoration of Buildings to a Safe Condition ....................................................................... 30
3.12.4
Additions and Accessory Uses Permitted ............................................................................ 30
Obnoxious Uses Prohibited ......................................................................................................... 30
Parking Requirements ................................................................................................................. 30
3.14.1
Accessible Parking ............................................................................................................... 30
3.14.2
Downtown Commercial Zone .............................................................................................. 31
3.14.3
Minimum Parking Space Requirements .............................................................................. 32
3.14.4
Supplementary Parking Regulations .................................................................................... 34
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE iii
3.14.5
Parking of Derelict Motor Vehicles ...................................................................................... 34
3.14.6
Parking Area and Loading Area Requirements .................................................................... 34
Payday Loan Establishments ....................................................................................................... 35
Permitted Encroachments in Yards ............................................................................................. 35
Public Uses and Utilities Permitted ............................................................................................. 36
Secondary Dwelling Units ............................................................................................................ 36
3.18.1
Secondary Dwelling Units in Accessory Buildings ................................................................ 36
Setbacks from Aggregate Extraction ........................................................................................... 36
Setbacks from TransCanada Pipelines ......................................................................................... 37
Slope Hazard................................................................................................................................ 37
Surface Water Hazard ................................................................................................................. 37
Through Lots................................................................................................................................ 37
Trailers ......................................................................................................................................... 37
RESIDENTIAL (R) ZONES ..................................................................................38
General Provisions for Residential Zones .................................................................................... 38
4.1.1
Accessory Uses, Buildings and Structures............................................................................ 38
4.1.2
Bed and Breakfast Establishments ...................................................................................... 39
4.1.3
Canopies for Entrances to Apartment Buildings .................................................................. 39
4.1.4
Commercial Motor Vehicle Parking ..................................................................................... 39
4.1.5
Corner Lots .......................................................................................................................... 39
4.1.6
Front Yards .......................................................................................................................... 40
4.1.7
Garden Suites ...................................................................................................................... 40
4.1.8
Home-Based Businesses in Residential Zones, Additional Requirements ........................... 41
4.1.9
Landscaping for Apartments ............................................................................................... 41
4.1.10
Mobile Homes ..................................................................................................................... 41
4.1.11
Non-Residential Buildings .................................................................................................... 41
4.1.12
Parking Spaces Outside a Domestic Garage ........................................................................ 41
4.1.13
Play Space for Apartments .................................................................................................. 42
4.1.14
Portable Domestic Shelters ................................................................................................. 42
4.1.15
Sight Triangles ..................................................................................................................... 42
4.1.16
One Dwelling per Lot ........................................................................................................... 43
TOWN OF HEARST
PAGE iv
ZONING BY-LAW NO. 76-19
First Density Residential (R1) Zone .............................................................................................. 44
4.2.1
Permitted Uses .................................................................................................................... 44
4.2.2
Regulations .......................................................................................................................... 44
4.2.3
Additional Provisions ........................................................................................................... 45
4.2.4
Special Exceptions ............................................................................................................... 45
Second Density Residential (R2) Zone ......................................................................................... 48
4.3.1
Permitted Uses .................................................................................................................... 48
4.3.2
Regulations .......................................................................................................................... 48
4.3.3
Additional Provisions ........................................................................................................... 49
4.3.4
Special Exceptions ............................................................................................................... 50
Third Density Residential (R3) Zone............................................................................................. 53
4.4.1
Permitted Uses .................................................................................................................... 53
4.4.2
Regulations .......................................................................................................................... 53
4.4.3
Additional Provisions ........................................................................................................... 56
4.4.4
Special Exceptions ............................................................................................................... 56
Mobile Home Residential (RMH) Zone ........................................................................................ 60
4.5.1
Permitted Uses .................................................................................................................... 60
4.5.2
Regulations .......................................................................................................................... 60
4.5.3
Additional Provisions ........................................................................................................... 60
4.5.4
Special Exceptions ............................................................................................................... 62
First Density Multiple Residential (RM1) Zone ............................................................................ 67
4.6.1
Permitted Uses .................................................................................................................... 67
4.6.2
Regulations .......................................................................................................................... 67
4.6.3
Additional Provisions ........................................................................................................... 68
4.6.4
Special Exceptions ............................................................................................................... 69
Second Density Multiple Residential (RM2) Zone ....................................................................... 74
4.7.1
Permitted Uses .................................................................................................................... 74
4.7.2
Regulations .......................................................................................................................... 74
4.7.3
Additional Provisions ........................................................................................................... 74
4.7.4
Special Exceptions ............................................................................................................... 75
High Density Residential (RH1) Zone ........................................................................................... 77
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE v
4.8.1
Permitted Uses .................................................................................................................... 77
4.8.2
Regulations .......................................................................................................................... 77
4.8.3
Additional Provisions ........................................................................................................... 77
Rural Residential (RR) Zone ......................................................................................................... 79
4.9.1
Permitted Uses .................................................................................................................... 79
4.9.2
Regulations .......................................................................................................................... 79
4.9.3
Additional Provisions ........................................................................................................... 79
4.9.4
Special Exceptions ............................................................................................................... 79
COMMERCIAL ZONES .......................................................................................81
General Provisions for Commercial Zones ................................................................................... 81
5.1.1
Outdoor Seasonal Display of Goods and Articles................................................................. 81
5.1.2
Secondary Residential Uses ................................................................................................. 81
5.1.3
Space for Landscaping ......................................................................................................... 81
5.1.4
Special Regulations for Motor Vehicle Washing Establishments ......................................... 81
5.1.5
Special Regulations for Motor Vehicle Service Stations and Commercial Garages.............. 82
5.1.6
Special Regulations for Hotels and Motels .......................................................................... 83
Downtown Commercial (C1) Zone .............................................................................................. 84
5.2.1
Permitted Uses .................................................................................................................... 84
5.2.2
Regulations .......................................................................................................................... 85
5.2.3
Additional Provisions ........................................................................................................... 85
5.2.4
Special Exceptions ............................................................................................................... 87
Neighbourhood Commercial (C2) Zone ....................................................................................... 91
5.3.1
Permitted Uses .................................................................................................................... 91
5.3.2
Regulations .......................................................................................................................... 91
5.3.3
Additional Provisions ........................................................................................................... 92
5.3.4
Special Exceptions ............................................................................................................... 93
Highway Commercial (C3) Zone .................................................................................................. 94
5.4.1
Permitted Uses .................................................................................................................... 94
5.4.2
Regulations .......................................................................................................................... 94
5.4.3
Additional Provisions ........................................................................................................... 95
B-L 64-20 5.4.4
Special Exceptions ............................................................................................................... 96
TOWN OF HEARST
PAGE vi
ZONING BY-LAW NO. 76-19
Shopping Centre Commercial (C4) Zone ................................................................................... 102
5.5.1
Permitted Uses .................................................................................................................. 102
5.5.2
Regulations ........................................................................................................................ 102
5.5.3
Additional Provisions ......................................................................................................... 103
5.5.4
Special Exceptions ............................................................................................................. 103
Mixed Commercial/Residential (MCR) Zone .............................................................................. 107
5.6.1
Permitted Uses .................................................................................................................. 107
5.6.2
Regulations ........................................................................................................................ 107
5.6.3
Additional Provisions ......................................................................................................... 108
5.6.4
Special Exceptions ............................................................................................................. 108
INDUSTRIAL ZONES ........................................................................................ 109
General Provisions for Industrial Zones ..................................................................................... 109
6.1.1
Accessory Buildings ........................................................................................................... 109
6.1.2
Fencing .............................................................................................................................. 109
6.1.3
Landscaping ....................................................................................................................... 109
6.1.4
Structured Materials ......................................................................................................... 110
6.1.5
Use of Front and Side Yard ................................................................................................ 110
Light Industrial (M1) Zone ......................................................................................................... 111
6.2.1
Permitted Uses .................................................................................................................. 111
6.2.2
Regulations ........................................................................................................................ 111
6.2.3
Additional Provisions ......................................................................................................... 112
6.2.4
Special Exceptions ............................................................................................................. 112
Secondary Industrial (M2) Zone ................................................................................................ 121
6.3.1
Permitted Uses .................................................................................................................. 121
6.3.2
Regulations ........................................................................................................................ 121
6.3.3
Additional Provisions ......................................................................................................... 122
6.3.4
Special Exceptions ............................................................................................................. 123
Principal Industrial (M3) Zone ................................................................................................... 130
6.4.1
Permitted Uses .................................................................................................................. 130
6.4.2
Regulations ........................................................................................................................ 130
6.4.3
Additional Provisions ......................................................................................................... 130
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE vii
6.4.4
Special Exceptions ............................................................................................................. 132
Heavy Industrial (M4) Zone ....................................................................................................... 133
6.5.1
Permitted Uses .................................................................................................................. 133
6.5.2
Regulations ........................................................................................................................ 133
6.5.3
Additional Provisions ......................................................................................................... 133
Extractive Industrial (EM) Zone ................................................................................................. 135
6.6.1
Permitted Uses .................................................................................................................. 135
6.6.2
Regulations ........................................................................................................................ 135
6.6.3
Additional Provisions ......................................................................................................... 135
INSTITUTIONAL ZONE ..................................................................................... 136
Institutional (I) Zone .................................................................................................................. 137
7.1.1
Permitted Uses .................................................................................................................. 137
7.1.2
Regulations ........................................................................................................................ 137
7.1.3
Special Exceptions ............................................................................................................. 138
OPEN SPACE ZONES ...................................................................................... 140
Open Space Park (OS1) Zone ..................................................................................................... 141
8.1.1
Permitted Uses .................................................................................................................. 141
8.1.2
Regulations ........................................................................................................................ 141
Open Space Constraint (OS2) Zone ........................................................................................... 142
8.2.1
Permitted Uses .................................................................................................................. 142
8.2.2
Regulations ........................................................................................................................ 142
8.2.3
Additional Provisions ......................................................................................................... 142
RURAL ZONE ................................................................................................... 144
Rural (RU) Zone ......................................................................................................................... 145
9.1.1
Permitted Uses .................................................................................................................. 145
9.1.2
Regulations ........................................................................................................................ 145
9.1.3
Additional Provisions ......................................................................................................... 146
9.1.4
Special Exceptions ............................................................................................................. 148
AIRPORT ZONE ................................................................................................ 151
Airport (A) Zone ......................................................................................................................... 152
10.1.1
Permitted Uses .................................................................................................................. 152
TOWN OF HEARST
PAGE viii
ZONING BY-LAW NO. 76-19
Special Airport Vicinity Overlay ................................................................................................. 153
10.2.1
Height Limitations ............................................................................................................. 153
10.2.2
References ......................................................................................................................... 153
DEVELOPMENT (D) ZONE ............................................................................... 154
11.1.1
Permitted Uses .................................................................................................................. 154
11.1.2
Regulations ........................................................................................................................ 154
WASTE MANAGEMENT SITE (WMS) ZONE ................................................... 155
12.1.1
Permitted Uses .................................................................................................................. 155
12.1.2
Additional Provisions ......................................................................................................... 155
12.1.3
Special Exceptions ............................................................................................................. 157
TEMPORARY LAND USE PROVISIONS .......................................................... 158
2 GIRARD ROAD (PARCEL 2067CC) ............................................................................................ 158
28 RIVERSIDE DRIVE (PARCEL 876CC) ........................................................................................ 158
715 PRINCE STREET (PIN 65040-0584) ...................................................................................... 158
ZONING SCHEDULES ...................................................................................... 160
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Schedule A
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Schedule A1
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Schedule A2
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Schedule A3
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Schedule A4
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Schedule A5
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Schedule A6
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Schedule A7
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Schedule A8
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Schedule A9
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Schedule A10
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Schedule A11
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Schedule B1
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Schedule B2
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Schedule B3
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Schedule B4
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Schedule B5
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE ix
-
Schedule B6
APPENDIX A
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 1
ADMINISTRATION AND INTERPRETATION
TITLE
This By-law shall be known as the "Hearst Zoning By-law".
GENERAL
The provisions of this By-law set out minimum requirements, and shall be interpreted and applied so as to
promote the health, safety, comfort, convenience and general welfare of the inhabitants of the Town of
Hearst.
CONTENT
This By-law consists of Sections 1 through 14, including Zoning Schedule A, Zoning Schedules A1 through
A11, and Zoning Schedules B1 through B6. Appendix A is provided solely for convenience and information
purposes, and does not form part of this By-law.
SCOPE
1. The provisions of this By-law shall apply to all lands within the corporate limits of the Town of Hearst.
2. No building, structure or land shall be used, and no building or structure shall be erected, except in
conformity with the provisions of this By-law.
CONFLICTING STANDARDS
1. Where there are other conflicting requirements in this By-law, the more restrictive standards shall
apply unless specifically stated otherwise.
2. Where any provision of this By-law conflicts with the provisions of any regulation, by-law or statute of
any other government authority, the higher or more stringent standard shall prevail.
INTERPRETATION
1. Where reference is made in this By-law to a ministry or other body, it shall be interpreted that it is
the ministry or body as it is known at the time of reading, that is being referenced.
2. Where reference is made in this By-law to the jurisdiction of a public agency, and where the name or
responsibilities of such public agency are changed hereafter, the said reference shall be deemed to
include any and all successors to such public agency having jurisdiction over the matters to which the
said reference applies.
ILLUSTRATIONS
The images shown in this By-law are only intended for the purposes of explaining and illustrating the
definitions set out therein. In the event of a conflict between the images and the text, the text shall take
precedence.
TOWN OF HEARST
PAGE 2
ZONING BY-LAW NO. 76-19
ADMINISTRATION AND ENFORCEMENT
1.8.1
Designated Officer
This By-law shall be administered by the Chief Building Official or such other person as the Council shall
designate, and enforced by any By-law Officer or other such person appointed by the Town of Hearst.
1.8.2
Permits, Licenses and Approvals
1. No permit for the use of land, or for the erection of a building or structure, shall be issued unless the
existing or proposed use of the land, building or structure is in compliance with the provisions of this
By-law.
2. No licence shall be issued, or approval given, in respect of any matter within the jurisdiction of the
Town of Hearst, unless the existing or proposed use of the land, buildings or structures in connection
with which such licence or approval is sought is in compliance with the provisions of this By-law.
3. Nothing in this By-law shall exempt any person from complying with the requirements of the Building
By-law or any other By-law in force within the Municipality or from obtaining any permit, licence,
permission, authority or approval required by this or any other By-law of the Municipality or by any
other law in force from time to time.
1.8.3
Violation and Penalties
In accordance with the Planning Act, R.S.O, 1990, as amended, every person who contravenes any
provision or requirement of this By-law is guilty of an offence and on conviction is liable:
1. On a first conviction, to a fine of not more than $25,000.00; and
2. On a subsequent conviction, to a fine of not more than $10,000.00 for each day or part thereof upon
which the contravention has continued after the day on which he or she was first convicted.
CHANGE OF USE
1.9.1
Certificate of Occupancy
1. No person shall change the use of any land to which this By-law applies, or the use of any building or
structure located on such land, unless a 'certificate of occupancy' in respect of the proposed change
of use has been issued, pursuant to the provisions of this By-law, by the Chief Building Official or such
other person as has been designated by Council.
2. A 'certificate of occupancy' shall not be refused if the use proposed for the land, or for the building or
structure located on such land, is a use permitted by the provisions of this By-law.
3. No building shall be used for human habitation before the main walls and roof have been erected and
the exterior wall finish and roofing have been completed, and water, sanitary and heating facilities
have been installed and are operable.
ZONING CATEGORIES
For the purposes of this By-law, all of the land within the Town of Hearst is within one or more of the
following zoning categories:
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 3
Symbol on Map
Name of Zone
R1
First Density Residential Zone
R2
Second Density Residential Zone
R3
Third Density Residential Zone
RMH
Residential Mobile Home Zone
RM1
First Density Multiple Residential Zone
RM2
Second Density Multiple Residential Zone
RH1
High Density Residential Zone
RR
Rural Residential Zone
C1
Downtown Commercial Zone
C2
Neighbourhood Commercial Zone
C3
Highway Commercial Zone
C4
Shopping Centre Commercial Zone
MCR
Mixed Commercial/Residential Zone
M1
Light Industrial Zone
M2
Secondary Industrial Zone
M3
Principal Industrial Zone
M4
Heavy Industrial Zone
EM
Extractive Industrial Zone
I
Institutional Zone
OS1
Open Space Park Zone
OS2
Open Space Constraint Zone
RU
Rural Zone
A
Airport Zone
(no symbol)
Special Airport Vicinity Overlay
D
Development Zone
TOWN OF HEARST
PAGE 4
ZONING BY-LAW NO. 76-19
Symbol on Map
Name of Zone
WMS
Waste Management Site Zone
1.10.1
Zoning Schedules
The zones listed in this By-law, and the boundaries of such zones, are shown on the maps attached to this
By-law and referred to as the Zoning Schedules.
1.10.2
Zone Boundaries
Where any uncertainty exists as to the location of the boundaries of the zones shown on the Zoning
Schedules, the following rules shall apply:
1. Streets, Lanes, or Rights-of-way
Unless otherwise specifically indicated, the zone boundaries are the centre line of the streets or lanes,
and, unless otherwise specifically indicated, any zone boundaries near streets or lanes shall be deemed to
be located at the centre line of such streets or lanes.
Where a street, lane, right-of-way, watercourse, etc. shown on the Zoning Schedule does not mark the
boundary between different zones, such entire street, lane, right-of-way, watercourse, etc. shall be
deemed to be within the same zone as the adjoining property or properties.
2. Lot Lines
Where it is clear that the zone boundaries are not intended to be the centre line of the streets or lanes,
but rather along lot lines, such lot lines shall be deemed to be the zone boundaries, unless otherwise
specifically indicated.
3. River or Lakeshore
Where any zone shown on the Zoning Schedules abuts a lake, river, watercourse, or any body of water,
such zone shall be deemed to extend into such lake, river, watercourse or body of water, and to apply to
any land or water lots created in such lake, river, watercourse or body of water by any means be they
natural (changing water levels, etc.) or artificial (fill, etc.).
4. Lot Additions
Where the boundaries of an existing property ("Original Property") are changed by the addition of part or
all of one or more abutting properties and the inclusion of such additional property or properties as part
of the original property, the original property and the additional property shall together be deemed to be
within the zone applying to the original property.
SPECIAL EXCEPTION ZONES
Where a zone symbol is followed by the suffix "-S" and a number, on the Zoning Schedules of this By-law,
this denotes a special exception zone. Lands so designated shall be subject to all of the provisions of the
zone represented by the symbol except as otherwise provided by the Special Exceptions of the special
zone. The Special Exceptions are listed under the appropriate zone (e.g. R1) in the text of this By-law.
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 5
HOLDING ZONES
1. Holding zones may be denoted by the addition of the suffix "-H" after the zone symbol, as shown on
the Zoning Schedules.
2. Holding zones shall have the effect of allowing for the uses set out in the corresponding zone at some
time in the future, when the holding symbol is removed by an amendment to the Zoning By-law.
3. Where a holding zone applies, no lands shall be used and no buildings or structures shall be erected or
used for any purpose other than those existing on the date of passing of this By-law. Any change from
the holding status shall require an amendment to this By-law.
4. The Municipality may require that the applicant enter into an agreement for the development of the
land prior to the amendment being approved.
VALIDITY
1.13.1
Continuation
1. If any section, clause or provision of this By-law, including anything contained in the Zoning Schedules
thereto, is for any reason declared by a court of competent jurisdiction to be invalid or
unenforceable, the same shall not affect the validity of the By-law as a whole or any part thereof
other than the section, clause or provision declared to be invalid.
2. It is intended that all of the remaining sections, clauses and provisions of the By-law shall remain in
full force and effect until repealed, notwithstanding that one or more provisions have been declared
to be invalid or unenforceable.
MINOR VARIANCE
1. In accordance with Section 45 of the Planning Act, Minor Variances to the provisions of this By-law
may be granted by the Committee of Adjustment.
2. Reference should be made to Appendix A in determining when a Minor Variance is required.
3. Appendix A may be modified without need for an amendment to this By-law.
ZONING BY-LAW AMENDMENT
1. In accordance with Section 34 of the Planning Act, changes to this Zoning By-law, including
exceptions, may be made by-way of a Zoning By-law Amendment, approved by Council.
2. Reference should be made to Appendix A in determining when a Zoning By-law Amendment is
required.
3. Appendix A may be modified without need for an amendment to this By-law.
TOWN OF HEARST
PAGE 6
ZONING BY-LAW NO. 76-19
DEFINITIONS
In this By-law,
ACCESSORY means, naturally and normally incidental, subordinate and exclusively devoted to a
principal use, building or structure and is located on the same lot therewith, when used to describe a use,
building or structure.
AGRICULTURAL USE means the growing of crops, including nursery, biomass, and horticultural crops;
raising of livestock; raising of other animals for food, fur or fibre, including poultry and fish; aquaculture;
apiaries; agro-forestry; maple syrup production; and associated on-farm buildings and structures,
including, but not limited to livestock facilities, greenhouses, manure storages, value-retaining facilities,
accommodation for full-time farm labour when the size and nature of the operation requires additional
employment, and any building or structure customarily used in connection with a farm, defined in the
Ontario Building Code as a farm building.
AGRICULTURE-RELATED USES means those farm related commercial and farm-related industrial
uses that are directly related to farm operations in the area, support agriculture, benefit from being in
close proximity to farm operations, and provide direct products and/or services to farm operations as a
primary activity.
AIRPORT means any area of land to function as a facility for the arrival, departure, movement and
servicing of aircraft, passengers and associated cargo, and includes any associated buildings, installations,
open space and equipment. This may include the short-term accommodation of passengers and crew, as
well as related commercial uses.
AIRPORT FLIGHT PATH means an area established for each runway direction, intended to be used for
the taking-off and landing of aircraft.
AIRPORT HEIGHT, BASE means the height calculated by dividing the distance from the line drawn
perpendicular to the site line by the slope of the appropriate take-off, approach airport zoning surface.
AIRPORT QUOTIENT means the result obtained when the distance from the perpendicular line
established for a building or structure in accordance with the calculation of base height is divided by the
slope of the subject take-off, approach airport zoning surface.
AIRPORT REFERENCE POINT means a point which is designated as near as practicable to the
geometric centre of the landing area and is used to define the outer surface.
AIRPORT REFERENCE POINT ELEVATION means the elevation assigned to the airport reference
point depicted, to the nearest tenth of a metre above sea level (ASL), and is used for establishing the
height of the outer surface associated with an Airport Zone.
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 7
AIRPORT SITE LINE means a line drawn perpendicular to the extended centre line of the subject
runway from that point on the site to be developed which is closest to the subject runway.
AIRPORT VICINITY DISTRICT OVERLAY means an area within which the heights of buildings,
structures and natural vegetation shall be regulated for the purpose of controlling potential obstacles to
the safe and efficient operation of the René Fontaine Municipal Airport.
ALTER means:
1. With reference to a building or part thereof, to change any one or more of the external dimensions of
the building or to change the type of construction of the exterior walls or roof;
2. With reference to a lot, to change the area, frontage or depth thereof; to change the width, depth or
area of any required yard, landscaped open space or parking area; or to change the location of any
boundary of such lot with respect to a street or lane, whether such alteration is made by conveyance
or alienation of any portion of such lot or otherwise.
Altered and alteration shall have corresponding meanings.
AMENITY AREA means the total passive or active recreational area provided on a lot for the personal,
shared or communal use by residents of a building or buildings, and includes balconies, patios, rooftop
gardens, landscaped areas and other similar features, but does not include indoor laundry, lockers, or
parking facilities.
BAKERY means a building for producing, mixing, compounding or baking bread, biscuits, cakes or other
baked products.
BAR means a licensed drinking establishment, the principal business of which is to serve any sort of
beverage alcohol to the public for consumption on the premises, and includes a pub or tavern.
BASEMENT means one or more storeys of a building located below the first storey, as defined by the
Ontario Building Code.
BED AND BREAKFAST ESTABLISHMENT means a dwelling, containing not more than four (4) guest
rooms, used or maintained for the overnight accommodation of the travelling public, in which the
proprietor supplies lodging, with or without meals, in return for monetary compensation. Such an
establishment must be operated by one or more persons residing in the dwelling. For the purposes of
this By-law, a bed and breakfast establishment shall not include a motel, hotel, eating establishment,
boarding or rooming house, bar or any other similar use defined or classified herein.
BLOCK means the smallest unit of land the boundaries of which consist entirely of public streets, rivers,
railroads, public parks or any combination thereof.
BOARDING HOUSE OR ROOMING HOUSE means a residential dwelling where rooms are regularly
rented for a fee, with or without the provision of meals, but shall not include a hotel, motel, hospital or
Long-term care facility.
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ZONING BY-LAW NO. 76-19
BUILDING means a structure that has a roof, walls and a floor that stands permanently in one place.
BUILDING, PORTABLE means a building or structure other than a mobile home used for residential
purposes, which is designed to be transported on its own wheels or by other means to a site and is ready
for installation and immediate use, apart from incidental operations such as support on foundation or
wood mud sills and connection to utilities, and shall include commercial trailers and shipping containers
parked for extended periods of time and used for the purpose of on site storage.
BUILDING AREA means the maximum projected horizontal area of the building at grade measured to
the centre of party walls and to the outside of other walls including stairwells and all other spaces within
the building, but excluding porches, balconies, verandas, steps, cornices, chimney breasts, fire escapes,
exterior stairways, breezeways, detached accessory buildings, ramps and open loading platforms.
BUILDING LINE means any line regulating the position of a building or structure on a lot.
BUILDING SUPPLY OUTLET means a lot and a building, or structure, or portion thereof, used for the
purpose of retail and/or wholesale sale or storage of building construction materials and related supplies.
CANNABIS PRODUCTION FACILITY means a facility used for the cultivation, processing, testing,
destruction, packaging and/or shipping of cannabis and cannabis-based products.
CARPORT means a portion of a dwelling which is a roofed enclosure designed for the storage or parking
of a motor vehicle with at least forty per cent (40%) of the total perimeter open and unobstructed, which
shall include the main wall of the dwelling to which such carport is attached.
CEMETERY means a cemetery or columbarium within the meaning of the Funeral, Burial and Cremation
Services Act, or successor legislation.
CHIEF BUILDING OFFICIAL means an official appointed by the Town of Hearst pursuant to the
provisions of the Ontario Building Code Act, as amended.
CLINIC means a building or part of a building used for the medical, dental, surgical or therapeutic
treatment of human beings, but does not include a public or private hospital.
CLUB means a building or part of a building used as a meeting place for members of an organization, and
includes a lodge, fraternity or sorority house, and a labour union hall.
COMMERCIAL MOTOR VEHICLE means any motor vehicle having attached thereto a truck or
delivery body and without limiting the generality of the foregoing includes: ambulances, hearses, tractor
trailers, motor buses and tractors.
COMMERCIAL USE means the use of land, structure or building for the purpose of buying or selling
commodities and supplying services as distinguished from such uses as manufacturing or assembling of
goods, warehousing and construction.
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PAGE 9
COMMUNITY CENTRE means any tract of land, or building or buildings or any part of any buildings
used for community activities, including recreational and institutional uses, with commercial uses
incidental thereto, and the control of which is vested in the Municipality, local board or approved agent
thereof and which is operated as a non-profit organization.
CONSERVATION means the preservation, protection and improvement of the natural environment,
including flood control measures and comprehensive management and maintenance programs
administered by a public authority.
COUNCIL means the Council of the Corporation of the Town of Hearst.
COURT means an open, uncovered, unoccupied space appurtenant to a building and bounded on two or
more sides thereby.
CUSTOM WORKSHOP means a building or part of a building used by a trade, craft or guild for the
manufacture in small quantities of made-to-measure clothes or articles and includes upholstering and a
woodworking shop.
DRY CLEANING ESTABLISHMENT means a building or part thereof used for the purpose of receiving,
pressing and dry cleaning (wherein only non-flammable solvents are or can be used, no odour of fumes is
emitted, no noise or vibration is created which causes nuisance or inconvenience within or outside of the
dry cleaning building), and distribution of articles or goods of fabric, all or any of which is carried out on
the ground floor.
DWELLING means a building, occupied or capable of being occupied as a home, residence or sleeping
place by one or more persons, containing one or more dwelling units.
DWELLING, APARTMENT means a building consisting of four (4) or more dwelling units, which units
have a common entrance from the street level and the occupants of which have the right to use common
halls and/or stairs and/or elevators and yards.
DWELLING, DUPLEX means a building that is divided horizontally into two dwelling units each of which
has an independent entrance either directly or through a common vestibule.
DWELLING, GROUP means a building which is part of a group of dwellings on the same lot, which
group of dwellings is comprised of row house dwellings, or apartments, or any combination thereof, and
mobile homes.
DWELLING, QUADRUPLEX means a building divided vertically and horizontally into four dwelling
units, each of which has an independent entrance to either the ground or common corridor. For the
purposes of this definition, a quadruplex shall include a "double duplex."
DWELLING, ROW HOUSE means a building that is divided vertically into three or more principal
dwelling units, each of which has an independent entrance.
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ZONING BY-LAW NO. 76-19
DWELLING, SEASONAL means a single detached dwelling used as an occasional resort for vacation,
recreation, rest and relaxation purposes by a person or persons who regularly resides in a permanent
dwelling at another location.
DWELLING, SEMI-DETACHED means a building that is divided vertically into two principal dwelling
units each of which has an independent entrance either directly or through a common vestibule.
DWELLING, SINGLE DETACHED means a detached building containing one principal dwelling unit
only.
DWELLING, TRIPLEX means a building that is divided horizontally into three dwelling units, each of
which has an independent entrance either directly or through a common vestibule.
DWELLING UNIT means one or more habitable rooms occupied or capable of being occupied by an
individual or individuals as an independent and separate housekeeping establishment in which separate
kitchen and sanitary facilities are provided for the exclusive use of such individuals, with a private
entrance from outside the building or from a common hallway or stairway inside the building.
DWELLING UNIT, SECONDARY means a self-contained dwelling unit which is secondary to a principal
dwelling unit, typically created by an interior renovation within an existing dwelling or as an exterior
ancillary structure, and shall not be considered a second dwelling on the lot, or a garden suite for the
purposes of this By-law.
DWELLING, APARTMENT
DWELLING, QUADRUPLEX
DWELLING, DUPLEX
DWELLING, ROW HOUSE
DWELLING, SEMI-DETACHED
DWELLING, SINGLE DETACHED
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PAGE 11
DWELLING, TRIPLEX
DWELLING UNIT, SECONDARY
EATING ESTABLISHMENT means a building or part of a building where food is offered for sale or sold
to the public primarily for immediate consumption therein and includes a restaurant, café, tea or lunch
room, dairy bar, coffee shop, or refreshment room or stand; but does not include a boarding or rooming
house or take-out food premises.
EATING ESTABLISHMENT, TAKE-OUT means an eating establishment which serves or is intended to
serve patrons seated in a motor vehicle parked on a parking lot or driveway, or a building where prepared
foods are sold and taken out of the building to be consumed.
EXISTING means existing as of the date of the final passing of this By-law.
FARM IMPLEMENT SALES AND SERVICE means the use of land, buildings or structures for the sale,
storage and repair of agricultural implements, equipment and machinery that are directly associated with
the operation of a farm and may include the sale of accessory items.
FINANCIAL ESTABLISHMENT means a place that provides a range of financial services, which may
include a bank, trust company, or other financial institution, and automated bank machines as an
accessory use.
FLOOR AREA, GROSS means, in the case of a dwelling, the sum total area of the floors excluding
internal parking areas in the building or buildings on a site measured from the exterior walls or from the
centre line of common walls separating the buildings, provided that where the floor area is within a
roofed structure without exterior walls the gross floor area shall be the area covered by the roof. In the
case of a building other than a dwelling, gross floor area means the aggregate of the area of all floors
devoted to retail sales, customer service and/or office use measured from the outside face of exterior
walls but shall not include mezzanine areas, mechanical rooms, common halls, stairwells, garbage and
electrical rooms and parking structures.
FLOOR AREA, GROSS LEASABLE means the gross floor area designated for tenant occupancy and
exclusive use, including basements, mezzanines and upper floors, if any, measured from centre lines of
joint partitions and exteriors of outside walls.
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ZONING BY-LAW NO. 76-19
FORESTRY USE means the general raising, harvesting and milling of wood including logging and lumber
camps and forestry research stations.
FUNERAL HOME OR PARLOUR means a business or 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 internment or cremation.
GARAGE, COMMERCIAL means a building other than a domestic garage which is used for the
servicing and minor repairing or equipping essential to the actual operation of motor vehicles or where
such vehicles are parked or stored for remuneration, hire or sale, but does not include the repairing of
motor vehicle bodies.
GARAGE, DOMESTIC means an accessory building or portion of a building including a carport which is
designed or used for the sheltering of private motor vehicles and the storage of household equipment
incidental to a residential occupancy and in which there are no facilities for repairing or servicing,
fabricating or manufacturing of vehicles and/or equipment for remuneration.
GARDEN SUITE means a one unit detached residential structure containing bathroom and kitchen
facilities that is ancillary to an existing residential unit and that is designed to be portable or temporary
and for the purpose of this By-law is not an accessory building.
GASOLINE BAR means one or more pump islands, each consisting of one or more gasoline pumps, and
shelter having a floor area of not more than 9.5 square metres excluding washrooms, which shall not be
used for the sale of any product other than liquids and small accessories required for the operation of
motor vehicles and shall not be used for repairs, oil changes, or greasing of motor vehicles.
GOVERNMENT FACILITY means a municipal office, court house, registry office, health and welfare
centre, employment office, post office, tourist information centre, or other office used for the purpose of
local or other government administration, or any public works yard or facility, fire station, police station
or emergency services facility.
GRADE means the average elevation of the finished ground level at the exterior wall or walls in question.
GREENHOUSE means a building or structure or portions thereof, where trees, shrubs and/or plants are
grown for the purpose of retail or wholesale trade; and does not include a cannabis production facility.
GROUP HOME means a dwelling unit in a residential building in which three (3) to six (6) unrelated
residents live as a household under responsible supervision consistent with the requirements of its
residents, which dwelling is licensed or approved under Provincial Statute. For the purpose of this By-law
'residents' shall exclude the staff or receiving household.
HEALTH CLUB means a building or part thereof which is used for the purpose of physical fitness, and
may include a gymnasium, exercise room, steam room, sauna, racquet sports, swimming pool, or other
related facilities.
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 13
HEIGHT means, in reference to a building, the vertical distance measured between finished ground and
the highest point of the roof surface.
HOME-BASED BUSINESS means an occupation, trade, business, profession or craft carried on as an
accessory use to the use of a dwelling.
HOSPITAL, PRIVATE means a private hospital as defined by the Private Hospitals Act, R.S.O. 1990.
HOSPITAL, PUBLIC means a hospital as defined by the Public Hospitals Act, R.S.O. 1990.
HOTEL means a building or part of a building designed or used for the purposed of providing overnight
guest room accommodation to the traveling or vacationing public, served by a common building
entrance, with or without accessory restaurants, dining rooms, or meeting rooms.
HUNTING AND FISHING CAMP means a tourist establishment that provides accommodation
throughout all or part of the year and that has facilities for serving meals and furnishes equipment,
supplies or services to persons in connection with angling, hunting, camping or recreational purposes and
may include liquor licensed premises, accessory retail facilities, and accommodation facilities for staff.
INDUSTRIAL USE means the use of land, building or structure designed for the purpose of
manufacturing, assembling, making, preparing, inspecting, ornamenting, finishing, treating, altering,
repairing, printing, warehousing, or storing or adapting for sale of any goods, substance, article or thing,
or any part thereof and the storage of building and construction equipment and materials, as
distinguished from the buying and selling of commodities and the supplying of personal services and shall
include a factory.
INSTITUTIONAL USE means the use of land, buildings or other structures operated by a group,
organization or society for the promotion of a public, social, scientific, educational or similar purpose.
KENNEL means a building or structure where more than three (3) dogs or cats are kept, bred or boarded
on a commercial basis.
LANDFILL SITES means the disposal of domestic or industrial waste by deposit, under controlled
conditions, on land and includes compaction of the waste into a cell and the covering of such waste with
cover material at regular intervals.
LANDSCAPING means a combination of trees, shrubs, flowers, grass or other horticultural elements,
together with decorative stonework, paving, screening or other architectural elements, all of which is
designed to enhance the visual amenity of a property and to provide a screen to mitigate any
objectionable aspects that may detrimentally affect adjacent land.
LANE means a public thoroughfare which affords only a secondary means of access to abutting lots and
which is not intended for general traffic circulation.
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ZONING BY-LAW NO. 76-19
LIBRARY means a library, branch library or distribution station to which the provisions of the Public
Libraries Act apply, as amended.
LONG-TERM CARE FACILITIES means a dwelling or other building in which rooms or lodging are
provided for hire or pay in conjunction with the provisions of meals, personal care, nursing services and
medical care and treatment, and includes sanatoriums.
LOT means a parcel, tract or block of land described either:
1. In accordance with and within a Plan of Subdivision providing such subdivision is deemed to be a
registered Plan of Subdivision under the Planning Act;
2. In a registered deed and given consent pursuant to the Planning Act;
3. For those situations not described above, a lot shall mean a parcel, tract or block of land described in
a registered deed or deeds; or
4. Any area of Crown land subject to a Ministry of Natural Resources and Forestry land use permit, as
well as leased parcels of land within a railway right-of-way.
LOT AREA means the total area within the lot lines of a lot, excluding any part of a navigable waterbody.
LOT, CORNER means a lot situated at the intersection of, and abutting upon, two (2) or more streets,
provided that the interior angle of intersection of such streets is not more than one hundred and thirty-
five degrees (135º).
LOT COVERAGE means the percentage of lot area that is covered by buildings.
LOT, DEPTH means the horizontal distance between the front and rear lot lines. Where these lines are
not parallel, it shall be the length of a line joining the midpoints of the front and rear lot lines.
LOT, FRONTAGE means the horizontal distance between the side lot lines of a lot measured at right
angles, but where such lot lines are not parallel, the lot frontage shall be the minimum distance between
the side lot line measured on a straight line 7.5 metres back from, and parallel to a line joining the
intersections of the side lot lines with the front lot line.
LOT, INTERIOR means a lot other than a corner lot.
LOT LINE means any boundary of a lot or the vertical projection thereof.
LOT LINE, FLANKAGE means a side lot line which abuts the street on a corner lot.
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PAGE 15
LOT LINE, FRONT means:
1. In the case of an interior lot, the lot line dividing the lot
from the street.
2. In the case of a corner lot or through lot, the shorter lot
line abutting a street.
3. In the case of a corner lot or a through lot where the lot
lines abutting the street are the same length, the lot
line where the principal access to the lot is provided.
4. In the case of a waterfront lot having frontage on a
navigable waterway or lake (including an original
shoreline reserve or road allowance), the shoreline.
LOT LINE, REAR means in the case of a lot having 4 or
more lot lines, the lot line farthest from and opposite to the
front lot line. If a lot has less than 4 lot lines, there shall be
deemed to be no rear lot line.
LOT LINE, SIDE means a lot line other than a front or rear
lot line.
MAIN WALL means an outside wall of a building
which supports a roof and shall include a wall under a
gable end.
MARINA means an establishment located on the
shores of a body of water, where boathouse, boat
storage yard, pier, dock or jetty facilities are available
for all types of marine pleasure craft and may include a
gasoline pump and facilities for the sale, servicing,
repair and maintenance of marine craft and buildings
or structures for the supply of marine craft accessories
or refreshments.
MATERIAL RECOVERY FACILITY means a waste
processing facility in which source separated material is
processed into recyclable or reusable material.
Processing may include such activities as sorting, bailing, treatment and other forms of material recovery
and short-term storage of processed material.
Illustration of Front Lot Line in the
Case of a Waterfront Lot
Illustration of Lot Lines
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ZONING BY-LAW NO. 76-19
MICRO-BREWERY means a facility, not exceeding 300 square meters in gross floor area, used for the
manufacture of beer, wine, cider, or spirits for consumption on the premises or elsewhere, and may
include retail sales and food service.
MINERAL AGGREGATE OPERATION means an operation which includes extraction, transport,
beneficiation, processing or recycling of mineral aggregate resources and derived products such as
asphalt and concrete, or the production of secondary related products.
MOBILE HOME means any dwelling that is designed to be made mobile and constructed or
manufactured to provide a permanent residence for one or more persons but does not include a
recreational vehicle, travel trailer, tent trailer or trailer otherwise designed.
MOBILE HOME PARK means a parcel of land under single ownership which has been planned,
developed and improved for the placement of mobile homes for non-transient use.
MOBILE HOME, PERMANENTLY INSTALLED means a mobile home which:
1. Has had any running gear removed;
2. Is installed on cement blocks, piles, footings or a conventional foundation; and
3. Is connected to the necessary water supply, sewage disposal and hydro services.
MOBILE HOME SITE means a parcel of land for the placement of a single mobile home and the
exclusive use of its occupants.
MONUMENT WORKS means a commercial establishment used for the display, sale and production of
cemetery monuments and related articles.
MOTEL means one or more buildings for the purpose of catering to the needs of the traveling public by
furnishing sleeping accommodation, provided that each guest room may be entered from a separate
entrance to the outside.
MOTOR VEHICLE means an automobile, motorcycle, recreational vehicle, motorized boat, motorized
snow vehicle and any other vehicle not propelled or driven by muscular power.
MOTOR VEHICLE BODY SHOP means a building or structure used for the painting or repairing of
motor vehicle bodies, exterior and undercarriage, and in conjunction with which there may be towing
service and motor vehicle rentals for customers while the motor vehicle is under repair.
MOTOR VEHICLE SALES OUTLET means a building or place where new and used motor vehicles are
kept for display or sale by an agent or dealer authorized by a motor vehicle manufacturer to sell such new
motor vehicles, and shall include a lot used solely in connection therewith provided that such lot is not
used exclusively for the sale and display of used motor vehicles.
MOTOR VEHICLE WASHING ESTABLISHMENT means a building or part thereof used for the
operation of automobile washing equipment which is automatic, semi-automatic and/or coin operated.
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PAGE 17
MUNICIPALITY means the Corporation of the Town of Hearst.
NON-COMPLYING means an existing building or structure which does not comply with the provisions
of this By-law as of the date of final passing thereof.
NON-CONFORMING means an established use which is not a permitted use in the zone in which the
said use is situated at the date of final passing of this By-law.
NURSERY SCHOOL means a licensed day nursery operated for pre-school age children within the
meaning of the Day Nurseries Act, Child Care and Early Years Act, or successor legislation.
OBNOXIOUS USE means any use which shall be a nuisance to the occupants or owners of any
neighbouring land or buildings by reason of the emission from the said use and/or land or any part
thereof, or the creation thereon, of odours, gases, dirt, smoke, noise, vibration, fumes, cinders, soot,
waste or depositing or leaving unsightly objects or chattels thereon.
OFFICE means a building or part thereof designed, intended or used for the practice of a profession, the
transaction and/or management of a business, or the conduct of public services and administration, or
consultation by an officially accredited individual or individuals but shall not include a clinic or a financial
establishment or the manufacturing of any product.
ON-FARM DIVERSIFIED USES mean uses that are secondary to the principal agricultural use of the
property, and are limited in area. On-farm diversified uses include, but are not limited to, home
occupations, home industries, agri-tourism uses, and uses that produce value-added agricultural
products.
OPEN STORAGE means the storage of goods, merchandise or equipment outside of a building or
structure on a lot or portion thereof, but does not include the outdoor display of a limited number of
samples of the goods, merchandise or equipment for the purpose of sales and advertisement.
PARKING LOT means an open area, other than a street used for the temporary parking of two or more
motor vehicles and available for public use whether free, for compensation or as an accommodation for
clients or customers or residents.
PARKING SPACE means an area enclosed in a principal building, in an accessory building or unenclosed,
set aside for the purpose of parking a vehicle and having access to a street or lane.
PAYDAY LOAN ESTABLISHMENT means a building or part of a building where a business is operated
by license issued under the Payday Loans Act, 2008.
PERSONAL SERVICE SHOP means a building or part of a building in which persons are employed in
furnishing services and otherwise administering to the individual and personal needs of persons and
includes barber shops, beauty parlours, laundromats and depots for collecting dry cleaning and laundry,
and similar uses.
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ZONING BY-LAW NO. 76-19
PIT means land or land under water from which unconsolidated aggregate is being or has been excavated
and that has not been finally rehabilitated but does not mean land excavated for a building or structure,
and does not include a wayside pit.
PLACE OF ENTERTAINMENT means a motion picture or other theatre, arena, auditorium, public hall,
billiard or pool room, bowling alley, ice or roller skating rink, exhibition grounds, golf driving range,
miniature golf course, archery range, shooting gallery or arcade.
PLACE OF WORSHIP means a building dedicated to religious worship and may include a church,
mosque, synagogue, or other such religious institution and may include accessory uses such as an
assembly hall, auditorium, school, or convent.
PLAY SPACE means an area intended for the protected play of children.
POINT OF INTERSECTION means the point at which two street lines abutting a corner lot intersect or
if the two street lines meet in a curve then it is the point at which the projections of the two lot lines
abutting the two streets intersect.
PORTABLE ASPHALT PLANT means a facility with equipment designed to heat and dry aggregate and
to mix aggregate with bituminous asphalt paving material, and includes stockpiling and storage of bulk
materials used in the process, and which is not of permanent construction, but which is to be dismantled
at the completion of a construction project.
PORTABLE CONCRETE PLANT means a building or structure with equipment designed to mix
cementing materials, aggregate, water and admixtures to produce concrete, and includes stockpiling and
storage of bulk materials used in the process, and which is not of permanent construction, but which is
designed to be dismantled at the completion of the construction project.
PORTABLE DOMESTIC SHELTER means a portable prefabricated accessory building which is designed
to be assembled on site and used for the temporary sheltering of a private motor vehicle and/or the
storage of household equipment incidental to a residential occupancy, and which consists of a metal
framework covered by synthetic or cloth fabric to form a roof canopy and/or walls, but does not contain a
foundation or floor.
PRINCIPAL means the primary use of land, buildings, structures.
PRINT SHOP means a building or part of a building used for the primary purpose of reproducing
material in a printed or electronic form and may also include binding, blueprinting, engraving,
stereotyping, electro-typing, or type-setting and includes accessory retail sales.
PRIVACY ZONE means an area within the minimum yard depth in which communal activities are
discouraged or prevented by means of surface finishing, landscaping or physical barriers.
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PAGE 19
PUBLIC PARK means any open space or recreational area, owned or controlled by the Municipality or
by any Board, Commission or other Authority established under any statute of the Province of Ontario
and may include therein neighbourhood, community, regional and special parks or areas and may include
one or more athletic fields, playgrounds, field houses, community centres, bleachers, public pools,
swimming facilities and dressing-rooms, wading pools, greenhouses, botanical gardens, zoological
gardens, bandstands, skating rinks, tennis courts, bowling greens, boat liveries, curling rinks, refreshment
rooms, fair grounds, picnic areas, arenas, golf courses, or similar uses, but for the purpose of this By-law
shall not include tent and trailer park.
QUARRY means a place where consolidated rock has been or is being removed by means of an open
excavation to supply material for construction, industrial or manufacturing purposes, but does not
include a wayside quarry or open pit metal mine.
RECREATIONAL VEHICLE SALES OUTLET means a place comprised of land or a building or both, the
purpose of which is for the display or sale, or both, of new and/or used recreational vehicles.
RECREATIONAL USE means the use of land, structure or building for the purpose of recreational and
sporting activities.
RETAIL CONVENIENCE STORE means a retail store servicing the daily or occasional needs of the
patrons in the immediate area with a variety of goods such as milk and dairy products, groceries, meats,
produce, carbonated beverages, sundries, tobacco, stationery, magazines, movie rentals and newspapers,
with a gross floor area not exceeding 280 square metres.
RETAIL STORE means a building or part of a building where goods, wares, merchandise, substances,
pharmaceuticals, articles or things are stored, offered or kept for sale at retail, and includes a department
store and factory outlet, but does not include any retail outlet otherwise classified or defined in this By-
law.
RIDING SCHOOL OR STABLE means an area of land, which is used as an educational centre for horse
riding, training, handling, care, or for the lodging of horses.
SALVAGE YARD means land, buildings and/or structures used for the keeping and/or storing of used
motor vehicles, derelict motor vehicles, used motor vehicle parts, old metal, other scrap materials, used
building products, bicycles, bottles and any other recyclable materials or salvage, and where such
vehicles, parts and/or materials are bought, sold, exchanged, baled, packed, disassembled and/or
handled.
SATELLITE DISH means a device designed to receive communication or other signals from orbiting
satellites or other terrestrial sources. For the purposes of this By-law, a satellite dish, having a diameter
exceeding 56 centimetres, shall be deemed to be an accessory structure.
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ZONING BY-LAW NO. 76-19
SCHOOL means any place of primary, elementary, or secondary education which has a body of teachers
and students on the premises, and is authorized or approved by the Minister of Education for Ontario,
and has the same meaning as in the Education Act.
SCHOOL, COMMERCIAL means an establishment that provides specialized instruction and may
include but is not limited to, a business school, a trade school, a driving school, a dance school, a music
school or a martial arts school.
SELF-SERVICE STORAGE BUILDING means a building or structure which is constructed and used to
provide individual enclosed storage spaces to lessees and which is open to the public only for such
personal storage purposes and not for the conduct of commercial and/or industrial activities therein
and/or therefrom.
SERVICE OR REPAIR SHOP means a building or part of a building not otherwise classified or defined in
this By-law and whether conducted in conjunction with a retail shop or not for the servicing or repairing
of articles, goods or materials and includes an appliance store, auto and tire supply store, dry cleaners,
electrical store, plumber, radio and television sales, sign painter and tool sharpener, but does not include
the manufacture of articles, goods or materials.
SETBACK means:
1. With reference to a lot line, the horizontal distance from a lot line, measured at right angles to such
lot line to the nearest part of any wall of any building or structure on the lot;
2. With reference to a road, the distance between the centre line of a street allowance to the nearest
part of any wall of any building or structure on the lot; and
4. With reference to a pipeline easement, the distance between the limit of the pipeline easement to
the nearest part of any wall of any building or structure on the lot.
SEWAGE TREATMENT FACILITY means land, buildings, structures and other devices used for the
reception, storage, treatment, and disposal of sanitary sewage, and is approved under the Ontario Water
Resources Act, R.S.O. 1990, c. O.40 or successor legislation and includes a sewage lagoon, but does not
include a private sewage disposal system or plumbing approved under the Building Code Act 1992, S.O.
1992, c.23.
SHIPPING CONTAINER means a prefabricated new or used metal container or cargo box designed for
the transportation or shipping of goods or for the storage of goods, merchandise or materials and may
include a Sea-Can or storage container but shall not include a motor vehicle, a dumpster, or recycling
receptacle.
SHOPPING CENTRE means a group of commercial establishments designed, developed and managed
as a unit by a single owner or tenant, or group of owners or tenants as opposed to a business area
comprising unrelated individual commercial establishments.
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PAGE 21
SIGHT TRIANGLE means a triangle that is formed by the intersection of the boundaries of two streets,
and a line joining two points that are 6.0 metres back from the intersection.
SOIL REMEDIATION FACILITY means an open window waste processing facility in which soil
contaminated by petroleum products is bio-remediated through the application of patented petroleum
reducing biological material.
STOREY means the portion of the building other than the basement which lies between the surface of
the floor and the surface of the next floor above it, or if there is no floor above it, then the space between
such floor and the ceiling or roof next above it.
STREET means the portion of a road allowance or public highway that is maintained, open to motor
vehicle travel, and provides access to abutting lots.
STREET LINE means the limit of the road or street allowance and is the dividing line between a lot and a
street.
STRUCTURE shall mean anything constructed or erected, the use of which requires location on the
ground or attachment to something having location on the ground. This includes any gasoline pump,
commercial stand, monument, permanent base, swimming pool, sewage disposal system, storage tank,
well, substation, booster or valve station, tower and other permanent structures, but does not include
fences.
SUPPORTIVE HOUSING means a residential use offering housing opportunities for individuals in an
apartment setting with learning opportunities and assistance for meal preparation.
SWIMMING POOL means a body of water of more than 9.0 square meters in area, used exclusively by
the owners/occupants of a dwelling unit for recreational purposes such as swimming and diving, and
includes all hot tub apparatus regardless of diameter, whether installed above ground or in ground.
TENT AND TRAILER PARK means a parcel of land which is divided into camping sites and which is used
to provide temporary or seasonal accommodation for the public in tents, and recreational vehicles and
which may include accessory recreation facilities such as an eating establishment or snack bar.
TRAILER means 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 said motor vehicle and capable of being used for
temporary living, sleeping or eating accommodation or the transport of a boat, tent or materials,
notwithstanding that such vehicle is jacked up or that its running gear is removed.
TRANSITIONAL SURFACE means a complex surface along the sides of the runway strip and part of the
approach surface that slopes up to the outer surface, which surface slope is measured in the vertical,
perpendicular to the subject runway at a specified slope for that runway.
TOWN OF HEARST
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ZONING BY-LAW NO. 76-19
TRANSPORT TERMINAL means a building, structure or parcel of land where two (2) or more
commercial motor vehicles are parked or stored for temporary periods and where routine maintenance is
conducted and where goods and materials may be stored and distributed.
TREE NURSERY means a building or structure, and lands associated therewith, for the growing of
flowers, 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.
UNIVERSITY OR COLLEGE means a place of post secondary education which has a body of teachers
and students on the premises, offers instruction, and is empowered by law to grant a degree, diploma,
licenses or certificate.
VETERINARY ESTABLISHMENT means a building or part of a building used as the premises of a
Veterinary Surgeon where domestic animals, birds or other livestock are treated but shall not include a
kennel.
WAREHOUSE OR DISTRIBUTION FACILITY means a building designated to store or display bulk
goods and where the gross floor area devoted to commercial and retail sale of goods that are
warehoused and stored does not exceed fifteen per cent (15%).
WASTE PROCESSING FACILITY means land, buildings or structures in or upon which waste is
shredded, baled, pulverized, composted, separated, recycled, or otherwise treated or altered to facilitate
further transfer, processing, utilization, or disposal in accordance with a 'Certificate of Approval' issued by
the Ontario Ministry of Environment, Conservation, and Parks (or successor) where such certificate is
required, or land, buildings or structures used for the management of residue from a water treatment
process, including the management of discharge from the water treatment system, which is approved
under the Safe Water Drinking Act, 2002, S.O. 2002, (or successor).
WAYSIDE PIT OR QUARRY means a temporary pit or quarry opened and used by or for a public
authority solely for the purpose of a particular project or contract of road construction and not located on
the road right-of-way.
WOOD CHIPPING FACILITY means a waste processing facility in which waste wood is treated by
uniformly reducing the waste to particles of controlled maximum size and may include the staining or
otherwise colouring of the wood chips and the short-term storage of the waste wood and wood chips.
YARD means any open unoccupied space appurtenant to a building measured from the closest
supporting structure of the building to the lot line, and includes the following subtypes:
1. YARD, EXTERIOR SIDE means the side yard of a corner lot which side yard extends from the front yard
to the rear yard between the flankage lot line and the nearest main wall of any building or structure.
2. YARD, FRONT means a yard extending across the full width of the lot between the front lot line and
the nearest main wall of the principal building or structure on the lot.
3. YARD, INTERIOR SIDE means a side yard immediately adjacent to a lot.
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 23
4. YARD, REAR means a yard extending across the full width of the lot between the rear lot line and the
nearest main wall of the principal building on such lot.
5. YARD, SIDE means a yard between the nearest main wall of the principal building or structure and the
side lot line extending from the front yard (or front lot line if no front yard is required) to the rear
yard (or rear lot line if no rear yard is required). A yard abutting on a '0.3 metres reserve' shall be the
side or rear yard.
ZONE means:
1. A land use category as defined and regulated in this By-law; or
2. A designated area of land use shown on the Zoning Schedules of this By-law.
Illustration of Yards
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ZONING BY-LAW NO. 76-19
GENERAL PROVISIONS
ACCESSORY USE
3.1.1
Attached Accessory Buildings
Any accessory building may be erected as part of the principal building provided that all yard and area
requirements of this By-law are complied with, in respect to principal building requirements and not
accessory building requirements.
3.1.2
Accessory Buildings
Accessory buildings used for any purpose that is incidental or secondary to that of the principal building
on the same lot shall be permitted and without limiting the foregoing, such use may include a storage
shed, a detached domestic garage, greenhouse, swimming pool or bathhouse not used for commercial
purposes.
3.1.3
Access to Garage from Rear Lane
Where the entrance to a detached domestic garage is from a lane, such building shall be a minimum of
1.0 metre from the rear lot line, but shall be no closer than 7.5 metres from the opposite boundary of the
lane.
3.1.4
Height
1. Except as may otherwise be provided herein, no accessory buildings shall exceed a height of 4.27
metres in any Residential zone, or 5.0 metres in any Commercial or Industrial Zone.
2. Private telecommunication, internet, radio, and television, antennae, towers, and masts which are
accessory to a permitted use, and are less than 10 metres in height, are permitted in any zone
provided they maintain a minimum 5 metres setback from all lot lines, and are not located in any
front yard or exterior side yard.
3.1.5
Human or Animal Habitation
Except as otherwise provided herein, the use of any accessory building or structure for human habitation
is not permitted. The use of any accessory building for the housing of animals or birds, other than for
domestic pets, is not permitted in any Residential zone. For greater certainty, horse stables, cow barns
and hen houses are not permitted in Residential Zones.
3.1.6
Location
Except as may otherwise be provided herein, all accessory buildings and structures which are not
attached or connected with the principal building shall be erected in the rear or side yard and shall be at
least 0.7 metres from the lot line when located in a side yard and at least 0.3 meters from the lot line
when located in the rear yard except where a mutual garage is erected on the common property line.
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 25
3.1.7
Lot Coverage
1. The total lot coverage of accessory buildings excluding swimming pools shall not exceed fifteen per
cent (15%) of the lot area.
2. Within Rural (RU) Zones, the total building area of all accessory structures used for personal storage
purposes on any property shall not exceed 280 m2.
3.1.8
Portable Buildings and Shipping Containers
1. Notwithstanding the provisions of this By-law with respect to accessory buildings, portable buildings
(including shipping containers and portable commercial trailers) shall only be permitted for use as
accessory buildings in the Highway Commercial (C3) Zone, Industrial Zones and in the Rural (RU) Zone
in accordance with the following requirements:
a. No portable building shall be installed unless a building permit has been issued therefore;
b. Portable buildings shall be set back from lot lines in compliance with the setback requirements of
the Accessory Buildings Section;
c. Portable buildings shall only be used for office purposes or for the storage of goods and/or
materials.
2. Within Highway Commercial (C3) Zone and Industrial Zones,
a. Portable buildings shall only be installed in rear yards or side yards;
b. Portable buildings may be installed for a maximum period of up to five (5) years, unless the
exterior surfaces of such portable buildings are renovated or reconstructed and upgraded to have
the appearance of a traditional building, and;
c. The installation of portable buildings shall be subject to Site Plan Control.
3. Within the Rural (RU) Zone,
a. Portable buildings shall only be installed in rear yards or side yards;
b. Up to a maximum of three (3) portable buildings may be installed on a property at any one time,
and;
c. Said portable buildings shall be installed in such manner so as not to be visible from public roads,
or shall be screened from public view by a fence or hedge not less than 2.0 metres in height.
4. Notwithstanding the above, portable buildings (including shipping containers and portable
commercial trailers) may be used in any other zone where required for the purpose of storing tools,
materials and equipment or refuse during the renovation and/or construction of principal and
accessory buildings on the lot.
3.1.9
Prior to Erection of Principal Buildings
1. Where an accessory building is necessary for the storage of tools or material for use in connection
with the construction of the principal building on a lot in a Residential Zone, the accessory building
may be erected on the lot before the erection of the principal building and such building shall be used
only for the purpose of storage.
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ZONING BY-LAW NO. 76-19
2. Within Rural (RU) Zone, accessory buildings may be erected prior to the construction or installation of
the principal building on such lands. Permitted accessory buildings within Rural (RU) Zone shall only
be used for personal storage purposes by the property owner.
3.1.10
Swimming Pools
Notwithstanding anything contained in this By-law, a swimming pool shall be permitted as an accessory
use to a permitted residential use within all Zones, subject to compliance with the following provisions:
1. A swimming pool, whether installed above or in ground, shall only be located in a rear or side yard
area.
2. No part of any swimming pool shall be located in a front yard area.
3. The distance of any swimming pool from a rear and/or side lot line shall be a minimum of 1.2 metres,
as measured from the inner surface of the wall of the pool to the rear or side lot line.
4. A swimming pool shall be entirely enclosed by any one of the following methods or a combination
thereof:
a. A fence erected along the lot line, having minimum height of 1.83 metres as measured from
ground level;
b. Exterior walls of a principal building or an accessory building located on the lot;
c. A fence erected around said pool at ground level, at a minimum distance of 1.2 metres from the
pool as measured from the inner surface of the wall of said pool, and having minimum height of
1.83 metres above the finished grade level of the ground around the pool;
d. A deck around the outer edge of said pool, having minimum horizontal width of 0.9 metres, with
a guard erected along the outer edge of said deck so that the top of such guard is at least 1.83
metres above the finished grade level of the ground at the edge of said deck; or
e. An appropriate pool surround guard installed along the rim or top seat of the pool, so that the
top of edge of such pool surround guard is at least 1.83 metres above the finished grade level of
the ground around the pool.
5. A fence or guard required for enclosing a pool shall be designed so as not to facilitate climbing on the
exterior or outside surface of such fence or guard.
6. Direct access from the exterior into the enclosed area containing the pool shall only be gained
through a principal building or an accessory building or a gate, having the same height as the fence or
guard in which it is installed, which gate can either be locked on the outside or properly secured from
the inside.
7. In the case of a corner lot, no pool or its fence enclosure shall be located and installed or erected
within the sight triangle for said lot, which is defined as that portion of said lot located within the
triangle formed by the boundaries of two (2) intersecting streets and a line joining the point on each
intersecting street boundary located at a distance of 6.0 metres from the point of intersection of such
boundaries.
8. An accessory building or structure, including a deck along the outer edge of the pool, that may be
required for changing clothes, containing pumping or filtration equipment, or other uses related to
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 27
the swimming pool shall comply with the provisions of this By-law with respect to accessory buildings
and structures for the Zone in which the swimming pool is located.
9. In lieu of fencing, decking or the installation of pool surround guards, above ground inflatable pools
and hot tubs must be secured at all times when not in use by attaching a cover that is designed to be
integrated with the entire surface and rim of the apparatus, and which is equipped with a lockable
device.
BUFFER STRIPS
Where, in any Zone, this By-law requires that a buffer strip be provided and maintained between the
Zone and any abutting Zone, such buffer strip shall be provided in accordance with the following
regulations:
1. Every buffer strip shall be a minimum width of 1.5 metres and this shall be in addition to any yard or
yards required by this By-law;
2. Every buffer strip shall be completely contained on the lot or within the Zone for which the provision
of buffer strips is a requirement. Buffer strips shall run along the entire length of the Zone line or
lines separating it from the adjoining Zone, except that buffer strips need not be located between the
street line and a distance of 3.0 metres from the street line;
3. Every buffer strip shall consist of a solid and unbroken planting of shrubs or trees, the ultimate height
of which is not less than 2.0 metres and/or a fence protected by vehicle curbs, stops or barriers. Such
plant material shall not be less than 1.0 metre in height when planted; and
4. Every buffer strip required by this By-law shall be installed and maintained by the owner of the lot
upon which the buffer strip is required.
DAYLIGHTING TRIANGLES AT RAILWAY CROSSINGS
Notwithstanding anything contained in this By-law, where any public street crosses a railway at the same
grade, no building or structure shall be erected within 46.0 metres of the point of intersection of the
centre line of both the railway and the street.
EXCEPTIONS TO HEIGHT LIMITATIONS
Subject to Airport (A) Zone Section of this By-law, the height limitations of this By-law shall not apply to
church spires, public buildings, water tanks, elevator enclosures, flag poles, ventilators or sky-lights,
chimneys, and any buildings or structures in an Industrial Zone.
EXEMPTION FROM LOT AREA OR FRONTAGE REQUIREMENTS
Where a lot in the R1, R2 or R3 Residential Zone having a lesser frontage and/or lot area than is required
by this By-law is held under distinct and separate ownership from adjoining lots, according to the register
for lands in the Land Titles or Registry Office on the date of the passing of this By-law, a single detached
dwelling may be erected and used on such smaller lot, provided that said dwelling conforms to all other
requirements of this By-law.
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ZONING BY-LAW NO. 76-19
FRONTAGE ON A STREET
No person shall erect or use any building or structure on a lot which does not front on a publicly owned
and maintained street developed to Municipal standards.
GROUP HOMES
1. A group home shall be a permitted use within a single detached dwelling in any residential zone
where a single detached dwelling is a permitted use.
2. A group home shall comply with the zoning provisions of the zone in which it is located.
HOME-BASED BUSINESS
Nothing in this By-law shall prevent the use of dwelling, or accessory building, for a home-based business
in a zone where a permanent residential dwelling is a permitted use, provided:
1. The home-based business is operated by a maximum of two (2) persons who are residents of the
dwelling.
2. Where a home-based business is located within a dwelling, not more than twenty-five per cent (25%)
of the gross floor area of the dwelling or a maximum of 46.0 square metres, whichever is the lesser, is
devoted to such uses.
3. There shall be no advertising other than a plate or sign which is not flashing and is not larger than 0.5
square metre indicating only the name, occupation and practicing hours of the occupant.
4. The plate or sign shall be attached and parallel to a main wall of the building.
5. In the case of a physician, dentist or drugless practitioner:
a. Such office is used for consultation and emergency treatment only and not as a clinic or hospital;
and
b. The ground floor or basement area for such use shall be in addition to the minimum ground floor
or basement area requirements of this By-law but shall not exceed twenty-five per cent (25%) of
the gross floor area of the building.
6. The residential character of the dwelling is not changed.
7. No machinery or instrument shall be used in the said offices that is not compatible with a residential
area.
8. The home-based business shall be clearly secondary to the principal residential use and shall not
change the residential character of the dwelling unit nor create or become a public nuisance.
9. The home-based business shall not interfere with television or radio reception of others in adjacent
buildings or structures.
10. The home-based business shall not include a medical clinic, a private hospital, a long-term care
facility, an eating establishment, a veterinary clinic, a kennel, a retail store, a personal service shop or
a retail convenience store.
11. There shall be no storage of hazardous chemicals nor emission of fumes, dust, particulate matter or
other activities considered obnoxious.
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ZONING BY-LAW NO. 76-19
PAGE 29
LANDFILL SITES
No development shall be approved within 500 metres of an active or closed landfill site, unless by way of
a site-specific Zoning By-law amendment, notwithstanding any other provision of this By-law.
LOADING REQUIREMENTS
Except as may otherwise be provided herein, no person shall, in any zone, erect or use any building or
structure for manufacturing, storage, or as a warehouse or distribution facility, retail store, wholesale
store, market, freight or passenger terminal, hotel, hospital, mortuary, or other uses similarly involving
the frequent shipping, loading or unloading of persons, animals or goods, unless there is maintained on
the same premises with every such building, structure or use, one (1) off-street loading space for every
1,850.0 square metres or fraction thereof of the gross floor area. Each space shall be at least 3.5 metres
by 9.0 metres in area, having a minimum clearance height of 4.5 metres.
NON-COMPLYING BUILDING AND STRUCTURES
3.11.1
Reconstruction, Enlargement and Extension
1. Where a legal non-complying building or structure is damaged, destroyed, or demolished, the
building or structure may be reconstructed within its original location, provided:
a. The situation of non-compliance is not further increased; and
b. All other provisions of the By-law are complied with.
2. A legal non-complying building or structure may be enlarged or extended provided the situation of
non-compliance is not further increased and it complies with all other provisions of the By-law.
3.11.2
Development on Existing Non-Complying Lots
Development is permitted on any vacant lot existing as of the date of the passing of this Bylaw and which
lot is legally non-complying with respect to lot width and lot area, provided:
1. The proposed use is a use permitted in the zone in which the lot is located; and
2. The proposed use does not contravene any other provisions.
3.11.3
Additions and Accessory Uses Permitted
1. Nothing in this By-law shall prevent an addition on to a non-complying building or structure, provided
that such addition does not further contravene any of the provisions of this By-law.
2. Nothing in this By-law shall prevent the erection or enlargement of buildings, structures and uses
accessory to a non-complying use building or structure, provided that such erection or enlargement
does not further contravene any of the provisions of this By-law.
NON-CONFORMING USES
3.12.1
Continuation of Existing Uses
The provisions of this By-law shall not apply to prevent the use of any existing lot or any existing building
for any purpose prohibited by this By-law if such lot or building was legally used for such purpose on the
TOWN OF HEARST
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ZONING BY-LAW NO. 76-19
date of the passing of this By-law and provided that the lot or building continues to be used for that
purpose.
3.12.2
Reconstruction of Damaged Existing Building
Nothing in this By-law shall apply to prevent the reconstruction of any legal non-conforming building
which existed on the date of the passing of this By-law, which is damaged by causes beyond the control of
the owner, and such building maybe be reconstructed in accordance with the previously existing
standards, even if such did not conform with one or more of the provisions of this By-law, provided that
the building height, gross floor area, or lot coverage is not increased.
3.12.3
Restoration of Buildings to a Safe Condition
Nothing in this By-law shall prevent the strengthening or restoration to a safe condition of any building or
part thereof, lawfully used on the date of the passing of this By-law, provided that such strengthening or
restoration does not increase the building height, gross floor area, or change the use of such building.
3.12.4
Additions and Accessory Uses Permitted
1. Nothing in this By-law shall prevent an addition on to a non-conforming use, building or structure,
provided that such addition does not further contravene any of the provisions of this By-law.
2. Nothing in this By-law shall prevent the erection or enlargement of buildings, structures and uses
accessory to a non-conforming use, building or structure, provided that such erection or enlargement
does not further contravene any of the provisions of this By-law.
OBNOXIOUS USES PROHIBITED
Notwithstanding any other provision of this By-law, no land may be used or any building or structure
permitted in any Zone for any purpose or in such a manner which constitutes an obnoxious use.
PARKING REQUIREMENTS
Any person who erects a new building after the date of enactment of this By-law, in any Zone, shall
provide an area for motor vehicle parking, located on the same lot of the principal building.
3.14.1
Accessible Parking
1. In addition to requirements listed in the Minimum Parking Space Requirements subsection of this By-
law, accessible parking spaces shall be provided at the following rate:
Number of Required Standard Parking Spaces
Number of Accessible Parking Spaces
1 - 12
1
13 - 100
4% of the required parking spaces
101 - 200
3% of the required parking + 1 parking space
201 - 1000
2% of the required parking + 2 parking spaces
1001 - 1099
1% of the required parking + 11 parking spaces
1100 or greater
2% of the required parking spaces
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PAGE 31
2. Where the percentage-based requirements in the table above result in a number that is not a whole
number, the requirements shall be rounded up to the next whole number.
3. When fronting onto a public road, or located within a private road development, the following uses
shall be exempt from providing accessible parking:
a. Single detached dwellings;
b. Semi-detached dwellings;
c. Duplex dwellings;
d. Triplex dwellings;
e. Quadruplex dwellings and;
f. Row house dwellings.
4. The dimensions of all required accessible parking
spaces shall comply with the following:
a. A minimum width of 3.5 metres;
b. A minimum length of 6.0 metres;
c. Notwithstanding the provisions above, a minimum
length of 7.0 metres is required where aligned for
parallel parking.
5. Access to accessible parking spaces shall be provided by
an accessible parking space access aisle with a minimum
width of 1.5 metres which extends the full length of the parking space, and which is marked with high
tonal contrast diagonal lines (i.e. hatching) on a hard surface. Two (2) barrier-free parking spaces which
are adjacent to one another may share one (1) barrier-free access aisle.
3.14.2
Downtown Commercial Zone
1. In the case of a new building in a Downtown Commercial Zone, motor vehicle parking shall be
deemed to be provided,
a. If such required parking is located within 92 metres of the said building, or
b. If a cash payment in lieu of providing parking facilities is made to the Municipality at such rates as
the Municipality may set from time to time.
2. Where residential dwellings are permitted in a Downtown Commercial Zone the total parking spaces
required by this By-law shall be located on the same lot with the residential dwelling units. Adequate
provisions for access to a street or public lane from each individual parking space unobstructed by
any other parking space shall be provided. Except as may otherwise be provided herein, such parking
space shall be in accordance with the following standards and shall be provided as follows:
a. Parking Space
Provisions
Requirements
Minimum Area (m2)
17.0 m2
Minimum Length (m)
6.0 m
6.5 m for parallel parking
Illustration of Accessible Parking
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ZONING BY-LAW NO. 76-19
Minimum Width (m)
2.75 m
2.5 m for parallel parking
b. Aisle Space
Provisions
Type of Parking
Requirements
Minimum Width (m)
Greater than 60 degrees
6.5 m
45 to 60 degrees
5.5 m
Less than 45 degrees
(in which case access of such
aisle shall be one direction
only)
3.5 m
3.14.3
Minimum Parking Space Requirements
1. In any zone, the owner of any building erected, enlarged or changed in use after the passing of this
By-law, shall provide off-street parking in accordance with the following provisions:
a. Number of Spaces Required:
Type of Building or Use
Required Parking Spaces
−
Single detached dwelling
−
Semi-detached dwelling
−
Duplex dwelling
−
Triplex dwelling
−
Quadruplex dwelling
−
Row house dwelling
One (1) space for each dwelling unit in the
building, including secondary dwelling units
−
Apartment dwelling
−
Mobile home parks
−
Buildings containing both commercial and
residential uses
1.25 spaces for each dwelling unit or mobile home
site
Any commercial use in a building having a building
area of 253 square metres or less in a:
−
Downtown Commercial (C1) Zone
−
Neighbourhood Commercial (C2) Zone
−
Highway Commercial (C3) Zone
except those specifically listed elsewhere in this
Section.
One (1) space for each 18.5 square metres of
gross leasable floor area
Any commercial use in a building having building
area greater than 253 square metres in a:
One (1) space for each 18.5 square metres of the
first 253 square metres of gross leasable floor
area, plus one (1) parking space for each 38.0
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 33
Type of Building or Use
Required Parking Spaces
−
Downtown (C1) Zone
−
Highway Commercial (C3) Zone
square metres of gross leasable floor area
thereafter
Shopping centre, except offices and other uses
specifically listed elsewhere in this Section
Five and one-half (5.5) parking spaces for each
93.0 square metres of gross leasable floor area
Office
One (1) parking space for each 28.0 square
metres of gross leasable floor area of the building
Veterinary establishment
One (1) parking space for each 28.0 square
metres of gross floor area of the building
Public and private hospital, long-term care facility
One (1) parking space for each two (2) beds
Places of entertainment
One (1) parking space for each two (2) persons in
the design capacity of the building.
Industrial use
One (1) parking space for each 93.0 square
metres of gross floor area on the lot
Places of worship
One (1) parking space for every ten (10) seats or
6.0 metres of bench space of its maximum seating
capacity
School
One and one-half (1.5) parking spaces for each
teaching staff member
Library
Minimum ten (10) parking spaces
Government building
One (1) parking space for each four (4) employees
plus a parking area for visitors with a minimum
capacity of ten (10) parking spaces
Hotels and motel
One (1) parking space for each guest room or
suite plus one (1) parking space for each 9.0
square metres of gross floor area of the building
devoted to other uses such as conferences and
dining
Funeral home or parlour
One (1) parking space for each five (5) seats
capacity of the chapel with a minimum of ten (10)
parking spaces
Uses other than those listed in this Section
One (1) parking space for each 38.0 square
metres of gross floor area
TOWN OF HEARST
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ZONING BY-LAW NO. 76-19
3.14.4
Supplementary Parking Regulations
1. Where in this By-law parking facilities are required or permitted, the parking area shall be maintained
with a stable surface treated to prevent the raising of dust and any lights erected thereon shall be
directed away from any adjacent lots located in a Residential Zone.
2. Parking areas in any Residential zone shall be located only within a side yard, rear yard, or driveway
located within the front yard.
3.14.5
Parking of Derelict Motor Vehicles
Notwithstanding anything else in this By-law, no person may use any lot in any Zone for the parking or
storage of any motor vehicle that is not in running order except that one (1) such vehicle may be stored in
a domestic garage in a Residential Zone and not more than six (6) such vehicles may be stored in a garage
in a Commercial or Industrial Zone.
3.14.6
Parking Area and Loading Area Requirements
Parking areas and loading areas required by the Parking Requirements Section and the Loading
Requirements Section of this By-law shall comply with the following requirements:
1. Adequate drainage facilities shall be provided.
2. When the parking or loading area is adjacent to a Residential Zone, the lighting facilities shall be so
arranged as to reflect and/or deflect the light away from such Zone.
3. In any Commercial Zone, no parking or loading area shall be located closer than 1.5 metres to any
street line nor 3.0 metres to any other side lot line, or rear lot line where said side or rear lot line
abuts a Residential, or Open Space Zone, and the boundaries of such area shall be defined by a
permanent curb of concrete or rolled asphalt or other suitable obstruction designed to provide a neat
appearance.
4. Where a parking or loading area designed to accommodate more than four (4) motor vehicles is
situated on the boundary between a Commercial Zone and a Residential or Open Space Zone, a strip
of land not less than 3.0 metres wide and lying within the Commercial Zone along the said boundary
shall not be used for any purpose other than landscaping.
5. When a parking area designed to accommodate more than six (6) motor vehicles is situated within a
Residential Zone, a strip of land not less than 1.5 metres wide around the periphery of the said
parking area and within the lot on which the said parking area is situated shall not be used for any
purpose other than landscaping, but this shall not prevent the provision of entrances and exits to the
said parking area across the strip.
6. Where a '0.3 metre reserve' exists, no part of any garage whether above or below grade, shall be
permitted closer than 6.0 metres to such reserve.
7. The approaches to any parking area, other than those required for a single detached, semi-detached
or duplex dwelling, and the approaches to any loading area shall be defined by a curb of concrete or
rolled asphalt.
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 35
8. All parking or loading areas and their approaches shall be constructed and maintained with a stable
surface which is treated to prevent the raising of dust or loose particles and except for the parking
areas require for single detached dwellings and semi-detached dwellings, shall have a cement or
asphaltic binder or other permanent type of surfacing.
9. The width of a driveway leading to any parking or loading area required by this By-law, that is
designed to accommodate more than four (4) motor vehicles, shall be a minimum width of 3.0
metres if for one-way traffic, and a minimum width of 6.0 metres if for two-way traffic. The
maximum width of a driveway shall be 7.5 metres.
PAYDAY LOAN ESTABLISHMENTS
The following minimum separation distances apply to payday loan establishments, where a payday loan
establishment is a permitted use.
1. No new payday loan establishment may be permitted within 500 metres of an existing payday loan
establishment.
2. No new payday loan establishment may be permitted within 300 metres of a school.
PERMITTED ENCROACHMENTS IN YARDS
Every part of any yard required by this By-law shall be open and unobstructed by any structure from the
ground to the sky, provided however that fences and hedges erected and planted in accordance with the
Sight Triangles provisions in this By-law, shall be permitted and that those structures or parts of
structures listed in the following table shall be permitted to project into the minimum yards required by
this By-law for the distance specified below.
Structure
Applicable yard
Permitted Projection (m)
Sills, Belt Courses, Cornices,
Eaves or Canopies, Gutters,
Chimneys, Pilasters
Any yard
0.7 m
Exterior staircases
Front, rear and exterior side
yards only
1.5 m
Air conditioners, Fire
escapes
Rear and side yards only
1.5 m
Bay windows
Front, rear and exterior side
yards only
1.0 m over a maximum width
of 3.0 m
Balconies
Front, rear and exterior side
yards only for single
detached, semi-detached,
duplex, triplex and
quadruplex dwellings; any
2.0 m
TOWN OF HEARST
PAGE 36
ZONING BY-LAW NO. 76-19
yard for other residential
buildings
Open or roofed porches not
exceeding one (1) storey in
height
Front, exterior side and rear
yards only
2.5 m including eaves and
cornices
PUBLIC USES AND UTILITIES PERMITTED
This By-law permits the use of land in any Zone for the use, construction or re-construction, of any
building or structure for the provision of public services by the Town of Hearst or by any energy provider,
telephone company, cable company, transportation or other public utility owned, operated or authorized
by the Town of Hearst, any department or body of the Federal or Provincial Government, including
TransCanada Pipeline, Hydro One Networks Inc., Bell Canada, and Hearst Connect, provided that:
1. The use, building or structure complies with the provisions of the applicable Zone;
2. Any building or structure is designed and maintained in general harmony with the buildings and
structures in that Zone; and
3. There is no exterior storage of goods, materials or equipment in any Residential Zone.
SECONDARY DWELLING UNITS
1. Secondary dwelling units shall be permitted in existing and proposed single detached dwellings, semi-
detached dwellings, and row house dwellings, in any zone where such a dwelling is a permitted use,
or in a building accessory thereto.
2. Notwithstanding the above, and any other provision of this By-law, a secondary dwelling unit is not
permitted within a dwelling that is deemed to be a non-conforming use.
3. A maximum of one (1) secondary dwelling unit is permitted per principal dwelling unit.
3.18.1
Secondary Dwelling Units in Accessory Buildings
Notwithstanding any other provisions of this By-law, where a secondary dwelling unit is located in an
accessory building, the following provisions apply:
1. Windows in dwelling units above accessory buildings shall be sized and installed in such a manner so
as to maintain the privacy of adjacent properties.
SETBACKS FROM AGGREGATE EXTRACTION
Despite any other provisions of this By-law, the excavation of land for aggregate materials shall not be
permitted within the following setback distances:
1. Within 15 metres of a property boundary;
2. Within 30 metres of any boundary abutting a public road or residential land use;
3. Within 15 metres of a naturally occurring body of water; and
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 37
4. Within a distance from the property boundary equal to or less than the height of the face of the
excavation.
SETBACKS FROM TRANSCANADA PIPELINES
1. Development adjacent to the TransCanada pipeline shall be set back a minimum of 10 metres from
the pipeline right-of-way.
2. Notwithstanding the above, all dwellings or buildings intended for human occupation shall be set
back a minimum of 20 metres from the centreline of the TransCanada Pipeline.
3. Public buildings including schools, hospitals and Long-term care facilities shall be set back a minimum
of 200 metres from the centreline of the TransCanada Pipeline.
SLOPE HAZARD
No person shall hereafter erect, alter or use any building on land where the slope of the said land is thirty
degrees (30°) or more from the horizontal.
SURFACE WATER HAZARD
Where in this By-law a front, side or rear yard is required, and part of the area of the lot is usually covered
by water or marsh, or is beyond the rim of a river bank of watercourse, or between the top and toe of a
cliff or embankment having a slope of thirty degrees (30°) or more from the horizontal, then the required
yard shall be measured from the nearest main wall of the principal building or structure on the lot to the
edge of said area covered by water or marsh, or to the rim of said river bank or watercourse, or to the top
of the said cliff or embankment if such area is closer than the lot line.
THROUGH LOTS
Except for parts of Lots 98 and 99 on Plan M-51 Algoma and Lots 100, 101, 106 and 107 on said Plan,
where a lot which is not a corner lot has frontage on more than one street such lot shall have a front yard
on each street in accordance with the provisions of the Zone or Zones in which each front yard is located.
For those aforementioned lots on Plan M-51 Algoma, the south lot line of said properties shall be deemed
to be the rear lot line and a minimum rear yard of 1.5 metres shall be provided.
TRAILERS
No trailer used for accommodation shall be used for one or more of the following purposes: living,
sleeping, or eating accommodation within the Municipality for a period of more than sixty (60) days in
any period of ten (10) consecutive months, whether or not such trailer was used before this By-law was
passed, unless such trailer is located in a tent and trailer park or mobile home park.
TOWN OF HEARST
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ZONING BY-LAW NO. 76-19
RESIDENTIAL (R) ZONES
No person shall hereafter use or alter any lands nor erect, alter, enlarge or use any building or structure
in an Residential Zone except in accordance with the provisions of this Section and of any other relevant
Sections of this By-law.
GENERAL PROVISIONS FOR RESIDENTIAL ZONES
The provisions of this Section shall apply to the following Residential Zones:
-
First Density Residential (R1) Zone
-
Second Density Residential (R2) Zone
-
Third Density Residential (R3) Zone
-
Mobile Home Residential (RMH) Zone
-
First Density Multiple Residential (RM1) Zone
-
Second Density Multiple Residential (RM2) Zone
-
High Density Residential (RH1) Zone
-
Rural Residential (RR) Zone
4.1.1
Accessory Uses, Buildings and Structures
1. No accessory building shall be located closer than 1.5 metres from the principal building unless said
accessory building is intended to be attached thereto.
2. The distance of any accessory building or structure located in the rear yard from any side or rear lot
line shall be a minimum of 1.0 metre except where a mutual garage is erected on the common
property line between two (2) adjoining properties.
3. The total lot coverage of all accessory buildings and structures, including detached domestic garages,
shall not exceed fifteen per cent (15%) of the lot area. The total lot coverage of all buildings and
structures, including principal and accessory, shall not exceed forty per cent (40%) of the lot area.
4. The minimum distance of any accessory building or structure located in the side yard from the side
lot line shall be not less than the minimum side yard required for a principal building of the same
number of storeys as the said accessory building.
5. No accessory building or structure shall be constructed closer to the front lot line than the minimum
distance required by this By-law for the principal building on the lot.
6. No accessory building or structure shall be constructed closer than 6.0 metres to a side or rear lot line
abutting a '0.3 metre reserve'.
7. Except as otherwise provided by the Secondary Dwelling Units section of this By-law, no accessory
building or structure shall be used for human habitation.
8. An accessory building or structure shall not exceed 4.27 metres in height, except where a greater
height might be required to match the slope of the roof of the principal building located on the lot.
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 39
9. An accessory building or structure shall not be considered an accessory building for the purpose of
calculating the lot coverage if attached to the principal building, but shall be considered to be part of
the principal building.
10. An accessory structure which is a satellite dish having a diameter of more than 56 centimetres shall
not be located within any side or front yard of a residential property. Said structure shall be,
a. located a minimum of 1.0 metre in distance from any side or rear lot line, measured to the outer
edges of the structure's surfaces;
b. mounted at the ground level of the lot, and shall not be attached in any manner to or on the roof
surface of any principal building or accessory building or structure on the lot.
11. The maximum height of any door installed in an accessory building shall not exceed 3.05 metres.
4.1.2
Bed and Breakfast Establishments
Notwithstanding any other provisions of this By-law to the contrary, a bed and breakfast establishment
shall be permitted as a home-based business associated with a dwelling within a Residential R1, R2 and
R3 Zone. The following provisions shall apply to regulate and govern such use:
1. The home-based business use shall not include a liquor licensed premises or other facilities for the
serving of alcoholic beverages to the general public.
2. The use shall comply with the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4, as amended
and the Regulations passed thereunder, and such other By-laws and regulations as may be applicable
of the Municipality.
3. No portion of a guest room shall contain facilities for the preparation of meals.
4. Despite any provisions of the Home-Based Business Section to the contrary, a Bed and Breakfast
Establishment is permitted to occupy the entirety of a dwelling unit.
4.1.3
Canopies for Entrances to Apartment Buildings
Notwithstanding any other provision of this By-law, a canopy or portico over a major entrance to an
apartment building may project into the required yard a distance equal to 50% the setback of the building
from the street line.
4.1.4
Commercial Motor Vehicle Parking
No person shall, in any Residential zone, use any lot or domestic garage for the parking or storage of any
commercial motor vehicle with a registered gross weight exceeding 4,400 kilograms (4.3 tons).
4.1.5
Corner Lots
1. Notwithstanding any other provision in this By-law, on a corner lot in a Residential Zone, no part of
any principal building or accessory building shall be erected closer to the lot line of the flanking street
than 6.0 metres or 50% of the required front yard for the Zone in which such lot is situated,
whichever is the greater.
TOWN OF HEARST
PAGE 40
ZONING BY-LAW NO. 76-19
2. The yard opposite the flankage lot line may be deemed a rear yard in which case the minimum depth
of such rear yard shall be 7.5 metres and the yard opposite the front lot line may be deemed a side
yard.
3. In the case of a corner lot, no garage shall be located closer than 6.0 metres to a street line and no
portion of any driveway shall be located closer than 9.0 metres to the intersection of any two streets
measured along the street line and its projection to the intersection of such street line or its
projection with another street line or its projection.
4.1.6
Front Yards
1. A front yard shall be provided in the front of the principal building in accordance with the provisions
set out in the applicable Zone regulations.
2. Notwithstanding the provisions of the subsection directly above, the distance from the lot line of any
building erected between lots containing existing buildings which are not more than 90.0 metres
apart on the same street frontage of the same block shall comply with the following regulations:
a. Where one or two lots remain between existing buildings the minimum distance from the front
lot line shall be established by a line connecting the front main walls of the said existing buildings.
b. Where more than two lots remain between existing buildings, the minimum distance from the
front lot line shall be as required in this subsection, except for lots abutting the existing building,
where said distance from the front lot line shall be the average between the set-back established
by the existing building and the requirement in this subsection.
4.1.7
Garden Suites
Notwithstanding any other provision of this By-law to the contrary, a garden suite shall be permitted
within any zone where a single detached dwelling is permitted, on any lot where a single detached
dwelling exists. The following provisions shall apply to regulate and govern such use, namely:
1. A garden suite shall be permitted as a temporary land use under the Temporary Land Use Provisions
section of this By-law;
2. Garden suites may be permitted by By-law for a period of time of up to twenty (20) years in duration
from the day of the passing of this By-law. Upon the expiration date of said By-law, Council may grant
by By-law further periods of time of not more than three (3) years each, during which said permitted
use is authorized;
3. Parking for the garden suite shall be provided in accordance with the requirements for single
detached dwellings as set forth in Parking Requirements section of this By-law;
4. Garden suites shall be located in a rear yard or side yard only;
5. No garden suite shall be located closer than 1.5 metres to any rear or interior side lot line, nor closer
than 5 metres to any flankage lot line; and
6. Garden suites may be subject to Site Plan Control.
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 41
4.1.8
Home-Based Businesses in Residential Zones, Additional Requirements
In addition to the provisions set-out in the Home-Based Businesses Section of this By-law, the following
applies to home-based businesses within Residential Zones:
1. Industrial uses which produce noise, vibration, smoke, or odours are prohibited;
2. The home-based business shall not increase traffic volumes beyond the normal level experienced in
the residential neighbourhood;
3. Open storage or display of materials and/or products Is prohibited in front yards and side yards; and
4. There shall be at least one (1) off-street parking space for every 28.0 square metres of gross floor
area occupied as the home-based business in addition to any requirements set out in the Parking
Requirements Section of this By-law.
4.1.9
Landscaping for Apartments
Notwithstanding any other provision of this By-law, no person shall use land for or erect or use a building
containing apartment dwelling units unless a minimum of thirty per cent (30%) of the lot area is provided
for landscaping, which shall include:
1. A strip of land not less than 1.5 metres wide for landscaping abutting the side lot line;
2. A strip of land not less than 1.5 metres for landscaping abutting the rear lot line;
3. A strip of land not less than 1.5 metres wide for landscaping abutting the walls of the apartment
dwelling where units on the ground floor have windows in habitable rooms which face onto either a
driveway or a parking lot in the said yards; and
4. A screen in the form of landscaping to a height of not less than 1.5 metres adjacent to the side and
rear lot lines.
4.1.10
Mobile Homes
Mobile homes as defined in this By-law shall only be installed on lots located within the boundaries of a
mobile home park, a subdivision zoned and planned for such residential uses, or in a Rural (RU) Zone
4.1.11
Non-Residential Buildings
Where a recreational, institutional or public building is constructed in any Residential zone, the said
building shall be located not closer than a distance equal to 150% the height of the building, or 7.5 metres
whichever is the greater to any property line of the site on which said building is located.
4.1.12
Parking Spaces Outside a Domestic Garage
Parking space required by the Parking Requirements section of this By-law may be provided in an
attached or detached domestic garage or in a yard, provided the maximum aggregate number of motor
vehicles that may be parked on the lot outside a garage shall be three (3) for each dwelling unit on the lot
and the said motor vehicles may only be parked in a driveway or parking area constructed in accordance
with Parking and Loading Area Requirements of this By-law.
TOWN OF HEARST
PAGE 42
ZONING BY-LAW NO. 76-19
4.1.13
Play Space for Apartments
Notwithstanding any other provision of this By-law, no person shall use land for or erect or use an
apartment dwelling unless a play space is provided on the lot, calculated in accordance with the following
table:
Unit Type
Play Space (m2)
Bachelor
0 m2
1-Bedroom
2.0 m2
2-Bedrooms
3.5 m2
3-Bedrooms or more
4.5 m2
1. Such play space shall be:
a. Located at least 4.5 metres from the nearest wall of the building;
b. Accessible to the building without the necessity of crossing a parking lot or driveway;
c. In one location;
d. In the rear or side yard, or in the case of a corner lot, in the rear yard or in the side yard not
adjacent to the street; and
e. Considered as part of any required amenity area.
4.1.14
Portable Domestic Shelters
1. Portable domestic shelters erected for year-round use shall only be installed in a side and/or rear
yard of any property located in any Residential Zone.
2. Portable domestic shelters erected for year-round use shall only be installed in compliance with the
provisions of the subsections 2 through 4, and 6 through 7 of the Accessory Uses, Buildings and
Structures subsection.
3. No portable domestic shelter shall be erected within 2.3 metres of a front lot line.
4. Where portable domestic shelters must be installed in front yards or in such a manner as to be closer
to the front lot line than the principal residential building located on any property within a Residential
Zone, then such shelters shall only be erected each year and installed on site in said location during
those winter months between October 1 and April 30 and shall be promptly dismantled and removed
thereafter.
4.1.15
Sight Triangles
On a corner lot in a Residential Zone, within the triangular space formed by the street lines for a distance
of 6.0 metres from their intersection, no hedge, shrub, tree, or fence shall be planted, maintained or
erected which would obstruct the vision of vehicular traffic.
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 43
4.1.16
One Dwelling per Lot
1. Not more than one dwelling may be built on any lot, except as a permitted group dwelling.
2. A dwelling may be erected on the sole parcel of land remaining to any owner and comprising part of
one or more lots on a registered plan, as long as such parcel complies with the provisions of the
Residential Zone in which it is located.
TOWN OF HEARST
PAGE 44
ZONING BY-LAW NO. 76-19
FIRST DENSITY RESIDENTIAL (R1) ZONE
4.2.1
Permitted Uses
-
Nursery school, provided such use is conducted within a school, or within a single detached
dwelling
-
Public park
-
School
-
Single detached dwelling
4.2.2
Regulations
Provisions
Permitted Uses
Requirement
Minimum Lot Frontage (m)
All permitted uses
20.0 m
Minimum Lot Area (m²)
All permitted uses
900.0 m²
Maximum Lot Coverage (%)
All permitted uses
40%¹
Minimum Front Yard (m)
All permitted uses
7.5 m
Minimum Interior Side Yard (m)
All permitted uses
1 storey
2 m
1½ storey to 2 storey
2.5 m
2½ to 3 storey and above
3 m
Minimum Exterior Side Yard (m)
All permitted uses
1 storey
6.0 m
1½ storey to 2 storey
6.5 m
2½ to 3 storey and above
7 m
Minimum Rear Yard (m)
All permitted uses
7.5 m
Minimum Gross Floor Area (m²)
All permitted uses
1 storey
83.5 m²
1 ½ storey
60.0 m²
2 storey
60.0 m²
Maximum Height (m)
All permitted uses
9.0 m
¹ Refers to lot coverage of principal building and all accessory buildings
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 45
4.2.3
Additional Provisions
1. Side Yards, Single Detached Dwellings
Notwithstanding the regulations set out above, on every lot other than a corner lot on which a single
detached dwelling is erected and where there is no attached garage or carport, one side yard shall have a
minimum width of 5.0 metres.
2. Schools
Notwithstanding the regulations above, any school within the R1 zone shall comply with the regulations
set out in the Institutional (I) zone.
4.2.4
Special Exceptions
R1-S1
75 Labelle Avenue (Schedule A1)
The use of the land described as Parcel 9891 Centre Cochrane, being part of Lot 2 in the Eleventh
Concession in the Township of Way, designated as Part 3 on reference plan 6R-2895 in the Town of
Hearst, shall comply with all of the regulations of this By-law and the First Density Residential (R1) Zone in
which it is located, except as expressly varied in this subsection.
1. Permitted Uses
-
a single detached dwelling
2. Front Yard
Notwithstanding the minimum front yard requirements established by this Zone, a front yard of 1.2
metres shall be maintained between the front lot line and the main exterior wall of the principal building.
R1-S2
Plan M-51 Algoma, Wyborn (Schedule A1)
The use of the lands described below shall comply with all the regulations of this By-law and the Zones in
which they are located, except as expressly varied in this subsection.
1. Permitted Uses
Zone
Lot
Permitted Uses
R1
Lots 97 through 121 inclusive on Plan
M-51 Algoma
single detached dwellings
R2
Lots 14, 24, 25, 38, 39 and 54 through
96 inclusive on Plan M-51 Algoma
single detached dwellings and semi-
detached dwellings
2. Regulations
Notwithstanding the provisions of this Zone, the minimum requirements for the aforementioned lands
and for buildings and structures erected thereon shall be established as follows:
TOWN OF HEARST
PAGE 46
ZONING BY-LAW NO. 76-19
Provisions
Zone
Requirements
Minimum Lot Frontage
(m)
R1
22 m
R2
22 m for single detached dwellings
30 m for semi-detached dwellings
Minimum Lot Area
(m2)
R1
696 m2
R2
696 m2 for single detached dwellings
929 m2 for semi-detached dwellings
Minimum Interior Side
Yard (m)
R1
2.0 m and 5.0 m, where there is no attached garage or
carport
2.0 m where there is an attached garage or carport
R1-S3
1300 Edward Street (Schedule A2 and A3)
The use of the land described as Parcel 8073 in the Register for Centre Cochrane, being Lot 89 on Plan M-
210 Cochrane in the Town of Hearst, shall comply with all of the provisions of this By-law and the First
Density Residential (R1) Zone in which said land is located, except as expressly varied in this subsection.
1. Main Floor Apartment Permitted
Notwithstanding the provisions of this Zone, the existing single detached dwelling located on the
aforementioned property may be renovated to create a second dwelling unit on the main floor of said
building, provided the character and appearance of the existing dwelling remains the same.
R1-S4 (Town of Hearst By-law No. 83-06)
15 Villeneuve Street (Schedule A1)
The use of the land described as Parcel 3586 in the Register for Centre Cochrane, being the Surface Rights
of that part of Lot 118 on Plan M-51 Algoma in the Town of Hearst, designated as Part 18 on reference
plan 6R-6103, and shown on Zoning Schedule hereto, shall comply with all provisions of this By-law and
the First Density Residential (R1) Zone in which said land is located, except as expressly varied in this
subsection.
1. Location of Accessory Buildings
Notwithstanding the provisions of the Accessory Use section and Accessory Uses, Buildings and Structures
section of this By-law, a domestic garage may be constructed in the front yard of said land at minimum
distances of 30.5 metres from the front lot line and 2.43 metres from the interior side lot line of said land.
R1-S5
324 Bergeron Road (Schedule A5 and A7)
The use of that land identified as PIN 65041-0052 (LT) and described as Parcel 6558 Section Centre
Cochrane, being Lot 7 on Plan M-275 Cochrane in the Town of Hearst, shall comply with all provisions of
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 47
this By-law and the First Density Residential (R1) Zone in which said land is located, except as expressly
varied in this subsection.
1. Home-based Business Permitted
Notwithstanding the provisions of Home Based Businesses section of this By-law, a photography studio
may be operated as a home-based business in the existing domestic garage located on said land.
2. Signs and Advertising
Notwithstanding the provisions of Home Based Businesses section of this By-law, no signage or
advertising for said home-based business shall be installed on the principal residential building or within
the front yard area of said land. A sign to indicate the location of said business may be installed on the
front wall of the domestic garage, provided such sign is generally in keeping with the residential character
of said land and neighbouring lands.
3. Sign Permit Required
The erection of any sign for said home-based business shall be subject to the issuance of a permit
pursuant to By-law No. 5-99 and amendments thereto.
R1-S6 (Town of Hearst By-law No.51-14)
25 Wyborn Street (Schedule A1)
The use of the lands identified firstly as PIN 65031-0374, and described as Parcel 2167 in Section Centre
Cochrane, being the Surface Rights of Lot 109 on Plan M-51 Algoma in the Township of Way in the Town
of Hearst, excepting Part 6 on reference plan 6R-6376, shall comply with all provisions of this By-law and
the First Density Residential (R1) Zone in which said land is located, except as expressly varied in this
subsection.
1. Location of Accessory Building
Notwithstanding the provisions of the Accessory Uses, Buildings and Structures section of this By-law, a
domestic garage may be constructed within the front and side yards of said land at minimum distances of
30.5 metres from the front lot line and 2.0 metres from the interior side lot line of said land.
R1-S7 (Town of Hearst By-law No.33-17)
1312 Alexandra Street (Schedule A2 and A3)
The use of the land identified as PIN 65039-0109 (LT) and described as Parcel 7820 Section Centre
Cochrane, being Lot 39 on Plan M210C in the Town of Hearst shall comply with all provisions of this By-
law and the First Density Residential (R1) Zone in which said land is located, except as expressly varied in
this subsection.
1. Accessory use - Height
Notwithstanding the provisions the Accessory Use section and Accessory Uses, Buildings and Structures
section of this By-law, a domestic garage having a maximum building height of 5.5 metres may be
constructed on the aforementioned land.
TOWN OF HEARST
PAGE 48
ZONING BY-LAW NO. 76-19
SECOND DENSITY RESIDENTIAL (R2) ZONE
4.3.1
Permitted Uses
-
Nursery school, provided such use is conducted within a school, or within a single detached
dwelling
-
Public park
-
School
-
Semi-detached dwelling
-
Single detached dwelling
4.3.2
Regulations
Provisions
Permitted Uses
Requirement
Minimum Lot Frontage (m)
Single detached dwelling
18.0 m
Semi-detached dwelling
21.0 m
Minimum Lot Area (m²)
Single detached dwelling
550.0 m²
Semi-detached dwelling
650.0 m²
Maximum Lot Coverage (%)
Single detached dwelling
40¹
Semi-detached dwelling
40¹
Minimum Front Yard (m)
Single detached dwelling
7.5 m
Semi-detached dwelling
7.5 m
Minimum Interior Side Yard (m)
Single detached dwelling
1 storey
1.0 m
1½ storey to 2 storey
1.5 m
2½ to 3 storey and
above
2 m
Semi-detached dwelling
1 storey
3.5 m
1½ storey to 2 storey
4 m
2½ to 3 storey and
above
4.5 m
Minimum Exterior Side Yard (m)
Single detached dwelling
1 storey
6.0 m
1½ storey to 2 storey
6.5 m
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 49
Provisions
Permitted Uses
Requirement
2½ to 3 storey and
above
7 m
Semi-detached dwelling
1 storey
6.0 m
1½ storey to 2 storey
6.5 m
2½ to 3 storey and
above
7 m
Minimum Rear Yard (m)
Single detached dwelling
7.5 m
Semi-detached dwelling
7.5 m
Minimum Gross Floor Area (m²)
Single detached dwelling
1 storey
83.5 m²
1 ½ storey
60.0 m²
2 storey
60.0 m²
Semi-detached dwelling
1 storey
67 m²
1 ½ storey
45 m²
2 storey
33.5 m²
Minimum Floor Area per
Dwelling Unit (m²)
Semi-detached dwelling
Bachelor
67.0 m²
1 Bedroom
67.0 m²
2 Bedroom
67.0 m²
Each
Bedroom
(more than
2)
67.0 m²
Maximum Height (m)
Single detached dwelling
9.0 m
Semi-detached dwelling
9.0 m
¹ Refers to lot coverage of principal building and all accessory buildings
4.3.3
Additional Provisions
1. Side Yards, Single Detached Dwellings
Notwithstanding the regulations set out above, on every lot other than a corner lot on which a single
detached dwelling is erected and where there is no attached garage or carport, one side yard shall have a
minimum width of 5.0 metres.
TOWN OF HEARST
PAGE 50
ZONING BY-LAW NO. 76-19
2. Schools and Public Parks
Any school or public park within the R2 zone shall comply with the regulations set out in the Institutional
(I) zone.
4.3.4
Special Exceptions
R2-S1
59 Sixth Street, 528 Boulley Street (Schedule A4)
The use of the lands described as Parcels 11685 and 11686 in the Register for Centre Cochrane, being
parts of Block A on Plan M-288 Cochrane, designated as Part 1 and Part 2 on reference plan 6R-4605
respectively, shall comply with all regulations of this By-law and the Second Density Residential (R2) Zone
in which said lands are located, except as expressly varied in this subsection.
1. Lot and Yard Requirements
Minimum provisions for Part 1 on registered plan 6R-4605:
Provisions
Requirements
Minimum Lot Area (m²)
386 m2
Minimum Front Yard (m)
6.0 m
Minimum Rear Yard (m)
7.0 m
Minimum provisions for Part 2 on registered plan 6R-4605:
Provisions
Requirements
Minimum Lot Frontage (m)
19.5 m
Minimum Lot Area (m²)
492 m2
Lot Coverage (%)
36%
Minimum Interior Side Yard (m)
1.0 m
Minimum Rear Yard (m)
4.4 m
R2-S2
Plan M-51 Algoma, Wyborn (Schedule A1)
The use of the lands described below shall comply with all the regulations of this By-law and the Zones in
which they are located, except as expressly varied below:
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 51
1. Permitted Uses
Zone
Lot
Permitted Uses
R1
Lots 97 through 121 inclusive on Plan
M-51 Algoma
single detached dwellings
R2
Lots 14, 24, 25, 38, 39 and 54 through
96 inclusive on Plan M-51 Algoma
single detached dwellings and semi-
detached dwellings
2. Regulations
Notwithstanding the provisions of this Zone, the minimum requirements for the aforementioned lands
and for buildings and structures erected thereon shall be established as follows:
Provisions
Zone
Requirements
Minimum Lot
Frontage (m)
R1
22 m
R2
22 m for single detached dwellings
30 m for semi-detached dwellings
Minimum Lot Area
(m2)
R1
696 m2
R2
696 m2 for single detached dwellings
929 m2 for semi-detached dwellings
Minimum Interior
Side Yard (m)
R1
2.0 m and 5.0 m, where there is no attached garage or
carport
2.0 m where there is an attached garage or carport
R2-S3
22 Picard Street (Schedule A7)
The use of the lands described as Parcel 6263 in the Register for Centre Cochrane, being Lot 12 on Plan
M-186 Cochrane in the Town of Hearst, shall comply with all of the provisions of this By-law and the
Second Density Residential (R2) Zone in which said lands are situate, except as expressly varied in this
subsection.
1. Permitted Uses
-
Duplex dwelling
-
Single detached dwelling
TOWN OF HEARST
PAGE 52
ZONING BY-LAW NO. 76-19
R2-S4 (Town of Hearst By-law No. 65-09)
70 McManus Street (Schedule A2)
The use of the lands described as Parcel 9621 in the Register for Centre Cochrane, being the Surface
Rights of Lot 4 on Plan M-328 Cochrane in the Town of Hearst, shall comply with all provisions of this By-
law and the Second Density Residential (R2) Zone in which said lands are located, except as expressly
varied in this subsection.
1. Yard Requirements
Notwithstanding the provisions of the Attached Accessory Buildings section, and R2 Zone provisions of
this By-law, an attached garage may be erected behind the existing dwelling unit located on the
aforementioned land having minimum south side yard setback of 0.7 metre and minimum rear yard
setback of 1.0 metre.
2. Lot Coverage
Notwithstanding the provisions of the Attached Accessory Buildings section, provision 3 in the Accessory
Uses, Buildings and Structures section, and the R2 provisions of this By-law, the maximum lot coverage of
the principal dwelling unit and attached garage shall not exceed 40.24% of said lands.
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 53
THIRD DENSITY RESIDENTIAL (R3) ZONE
4.4.1
Permitted Uses
-
Boarding house or rooming house
-
Duplex dwelling
-
Nursery school, provided the day nursery operation is conducted within a school, or within a
single detached dwelling
-
Public park
-
Quadruplex dwelling
-
School
-
Semi-detached dwelling
-
Single detached dwelling
-
Triplex dwelling
4.4.2
Regulations
Provisions
Permitted Uses
Requirement
Minimum Lot Frontage (m)
Single detached dwelling
15.0 m
Semi-detached dwelling
21.0 m
Duplex dwelling
18.0 m
Triplex dwelling
21.0 m
Quadruplex dwelling
21.0 m
Minimum Lot Area (m²)
Single detached dwelling
460.0 m²
Semi-detached dwelling
650.0 m²
Duplex dwelling
550.0 m²
Triplex dwelling
650.0 m²
Quadruplex dwelling
840.0 m²
Maximum Lot Coverage (%)
Single detached dwelling
40¹
Semi-detached dwelling
40¹
Duplex dwelling
40¹
Triplex dwelling
40¹
TOWN OF HEARST
PAGE 54
ZONING BY-LAW NO. 76-19
Provisions
Permitted Uses
Requirement
Quadruplex dwelling
40¹
Minimum Front Yard (m)
Single detached dwelling
7.5 m
Semi-detached dwelling
7.5 m
Duplex dwelling
7.5 m
Triplex dwelling
7.5 m
Quadruplex dwelling
7.5 m
Minimum Interior Side Yard (m)
Single detached dwelling
1 storey
1.0 m
1½ storey to 2 storey
1.5 m
2½ to 3 storey and above
2.0 m
Semi-detached dwelling
1 storey
3.5 m
1½ storey to 2 storey
4 m
2½ to 3 storey and above
4.5 m
Duplex dwelling
1 storey
1.0 m
1½ storey to 2 storey
1.5 m
2½ to 3 storey and above
2.0 m
Triplex dwelling
1 storey
1.0 m
1½ storey to 2 storey
1.5 m
2½ to 3 storey and above
2.0 m
Quadruplex dwelling
1 storey
1.0 m
1½ storey to 2 storey
1.5 m
2½ to 3 storey and above
2.0 m
Minimum Exterior Side Yard (m)
Single detached dwelling
1 storey
6.0 m
1½ storey to 2 storey
6.5 m
2½ to 3 storey and above
7.0 m
Semi-detached dwelling
1 storey
6.0 m
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 55
Provisions
Permitted Uses
Requirement
1½ storey to 2 storey
6.5 m
2½ to 3 storey and above
7.0 m
Duplex dwelling
1 storey
6.0 m
1½ storey to 2 storey
6.5 m
2½ to 3 storey and above
70 m
Triplex dwelling
1 storey
6.0 m
1½ storey to 2 storey
6.5 m
2½ to 3 storey and above
7.0 m
Quadruplex dwelling
1 storey
6.0 m
1½ storey to 2 storey
6.5 m
2½ to 3 storey and above
7.0 m
Minimum Rear Yard (m)
Single detached dwelling
7.5 m
Semi-detached dwelling
7.5 m
Duplex dwelling
7.5 m
Triplex dwelling
7.5 m
Quadruplex dwelling
7.5 m
Minimum Gross Floor Area (m²)
Single detached dwelling
1 storey
83.5 m²
1 ½ storey
60.0 m²
2 storey
60.0 m²
Maximum Height (m)
Single detached dwelling
9.0 m
Semi-detached dwelling
9.0 m
Duplex dwelling
9.0 m
Triplex dwelling
9.0 m
Quadruplex dwelling
9.0 m
TOWN OF HEARST
PAGE 56
ZONING BY-LAW NO. 76-19
4.4.3
Additional Provisions
1. Side Yards, Single Detached Dwellings
Notwithstanding the regulations set out above, on every lot other than a corner lot on which a single
detached dwelling is erected and where there is no attached garage or carport, one side yard shall
have a minimum width of 5.0 metres.
2. Side Yards, Multi-residential Dwellings
Notwithstanding the regulations above, on every lot other than a corner lot on which a semi-
detached dwelling, duplex dwelling, triplex dwelling, or quadruplex dwelling is erected, and there is
no attached garage or carport, both side yards shall have a minimum width of 3.0 metres.
3. Schools and Public Parks
Any school or public parks within the R3 Zone shall comply with the regulations set out in the
Institutional (I) zone.
4. Boarding Houses or Rooming Houses
Boarding houses or rooming houses are permitted within the R3 Zone in single detached dwellings
and semi-detached dwellings and shall comply with the applicable requirements for such dwelling
types, as set out in the regulations of this Zone.
4.4.4
Special Exceptions
R3-S1
31 Highway 583 North, Parcel 11455CC (Schedule A7 and A8)
The use of the land described below shall comply with all the regulations of this By-law for the Third
Density Residential (R3) Zone in which it is located, except as expressly varied in this subsection.
1. Minimum Yards
Lot
Requirement
1
7.6 m
R3-S2
509 Tremblay Street (Schedule A4 and A5)
The use of the land described as Parcel 6889 Centre Cochrane, being Lot 19 on Plan M-48 Algoma in the
Town of Hearst shall comply with all regulations of this By-law and the Third Density Residential (R3) Zone
in which it is located, except as expressly varied in this subsection.
1. Permitted Uses
A quadruplex dwelling, containing five dwelling units, and accessory uses, buildings and structures in
accordance with the provisions of the Accessory Uses, Buildings, and Structures section of this By-law
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 57
R3-S3
3 Garnett Street (Schedule A8)
The use of the land described as Parcel 11622 Centre Cochrane, being Lot 44 on Plan M-58 Algoma in the
Town of Hearst, shall comply with all of the regulations of this By-law and the zone in which it is located,
except as expressly varied in this subsection.
1. Permitted Uses
-
Single detached dwelling
2. Exterior Side Yard
Notwithstanding the minimum exterior side yard requirements of this Zone, an exterior side yard of 3.65
metres shall be maintained between the flankage lot line and the main exterior wall of the principal
building.
R3-S4
34 Fontaine Drive (Schedule A8 and A9)
The use of the land described as Parcel 189 Centre Cochrane, being Lot 47 on Plan M-58 Algoma shall
comply with all regulations of this By-law and this Zone in which said land is situated, except as expressly
varied in this subsection.
1. Regulations
Notwithstanding the minimum requirements of this Zone for a single detached dwelling in a Third Density
Residential (R3) Zone, a single detached dwelling may be constructed on said land having minimum front
and rear yards of 5.6 metres.
R3-S5
1026 Prince Street (Schedule A3)
The use of the lands described as Parcels 1682 and 6096 Centre Cochrane, being the west part of Lot 286
and the south part of Lot 287 on Plan M-48 Algoma in the Town of Hearst, shall comply with all of the
regulations of this By-law and the Third Density Residential (R3) Zone in which said lands are situated,
except as expressly varied in this subsection.
1. Permitted Uses
Notwithstanding the Residential (R) Zones section of this By-law, permitted uses of said lands shall include
a dental clinic on the ground floor of said dwelling.
2. Parking
Parking and loading facilities shall be provided in accordance with the Parking Requirements, Loading
Requirements, and the Parking and Loading Area Requirements sections of this By-law.
R3-S6
40 Fontaine Drive (Schedule A8)
The use of the land described as Parcel 12598 Centre Cochrane, being the east part of Lot 71 on Plan M-
58 Algoma in the Town of Hearst, shall comply with all of the regulations of this By-law and the Third
Density Residential (R3) Zone in which said land is located, except as expressly varied in this subsection.
TOWN OF HEARST
PAGE 58
ZONING BY-LAW NO. 76-19
1. Yard Requirements
Notwithstanding the requirements of this zone and the Rear Yards section within the Residential (R) Zone
section of this By-law , a minimum rear yard of 3.6 metres shall be provided.
2. Lot Coverage
Notwithstanding the requirements of this Zone, the maximum lot coverage for a single detached dwelling
with attached garage on said land shall be thirty-seven and one-half per cent (37.5%).
R3-S7
621 Veilleux Street (Schedule A8)
The use of the lands described as Parcel 1657 in the Register for Centre Cochrane, being Lot 11 on Plan
M-58 Algoma in the Town of Hearst, shall comply with all of the provisions of this By-law and the Third
Density Residential (R3) in which said lands are located, except as expressly varied in this subsection.
1. Location of Accessory Buildings
Notwithstanding the provisions of the Accessory Use section and the Accessory Uses, Buildings and
Structures section of this By-law, a domestic garage may be constructed in the front yard of said land
having a minimum distance of 6.7 metres from the front lot line, to replace the existing garage located on
said land.
R3-S8
403 Tremblay Street (Schedule A5 and A7)
The use of the land described as Parcel 6519 Centre Cochrane, being Lot 2 on Plan M-48 Algoma shall
comply with all the regulations of this By-law and the Third Density Residential (R3) Zone in which said
land is situate, except as expressly varied in this subsection.
1. Regulations
Notwithstanding the lot frontage requirements of this Zone for dwellings containing four (4) dwelling
units including basement units in a Third Density Residential (R3) Zone, a residential building containing
four (4) dwelling units may be constructed on said land having a lot frontage of 20.11 metres.
R3-S9
15/17 Fifth Street (Schedule A4)
The use of the land described as Parcel 11807 Centre Cochrane, being part of Block M on Plan M-62
Algoma, designated as Part 4 on reference plan 6R-4749 shall comply with all regulations of this By-law
and the Third Density Residential (R3) Zone in which said land is situated, except as expressly varied in
this subsection.
1. Regulations
Notwithstanding the Secondary Dwelling Units section of this By-law, three (3) dwelling units may be
erected in the basement of a semi-detached dwelling to be erected on said aforementioned land.
R3-S10 (Town of Hearst By-law No. 8-17)
45 Eighth Street (Schedule A3 and A4)
The use of the land identified as PIN 65040-0766 (LT) and described as Parcel 3535 Section Centre
Cochrane, being the north 115 feet of Lot 498 on Plan M-48 Algoma in the Town of Hearst shall comply
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 59
with all provisions of this By-law and the Third Density Residential (R3) Zone in which said land is located,
except as expressly varied in this subsection.
1. Lot Frontage
Notwithstanding the provisions of this Zone, said land shall have a minimum lot frontage of 16.0 metres.
2. Rear Yard
Notwithstanding the provisions of this Zone, the minimum rear yard requirement of 7.5 metres is
permitted to be reduced to a minimum of 0.9 metres from the foundation wall of the duplex dwelling,
commencing at the northeast corner of said foundation and measured for a maximum distance of 1.8
metres southwards along the eastern exterior wall of said dwelling.
3. Encroachment of Exterior Stairs
Notwithstanding the provisions of the Permitted Encroachments in Yards section of this By-law, the
existing exterior stairs to the second dwelling unit contained in the second storey of the existing duplex
dwelling is permitted to encroach into the interior side yard a maximum of 0.9 metres.
TOWN OF HEARST
PAGE 60
ZONING BY-LAW NO. 76-19
MOBILE HOME RESIDENTIAL (RMH) ZONE
4.5.1
Permitted Uses
-
Community centre
-
Mobile home
-
Nursery school, provided such is conducted within an existing school, or an existing or accessory
single detached dwelling
-
Public park
4.5.2
Regulations
Provisions
Permitted Uses
Requirement
Minimum Lot Frontage (m)
All permitted uses
137.0 m
Minimum Lot Area (m²)
All permitted uses
16,000.0 m² (1.6 ha)
Minimum Front Yard (m)
All permitted uses
15.0 m
Minimum Interior Side Yard (m)
All permitted uses
7.5 m
Minimum Exterior Side Yard (m)
All permitted uses
15.0 m
Minimum Rear Yard (m)
All permitted uses
7.5 m
Maximum Height (m)
All permitted uses
9.0 m
4.5.3
Additional Provisions
1. Density
The maximum permissible density for a Mobile Home Park shall be thirty (30) mobile home sites per gross
hectare (12 units per acre) with the minimum number of mobile home sites being thirty (30) in the
mobile home park.
2. Yards
All mobile home parks shall have yards provided in accordance with the provisions of this Zone and such
yards shall be treated as a planting strip and suitably landscaped. No development shall be permitted in
any planting strip. Where a Mobile Home Park abuts a Commercial or Industrial Zone, such abutting yard
shall be provided, in addition to the required planting strip, with a fence not less than 1.5 metres in
height.
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 61
3. Mobile Home Site
Within each Mobile Home Park, each mobile home sites shall be provided in accordance with the
provisions of this Zone as well as the following provisions:
a. minimum lot area per mobile home site shall be 483 square metres;
b. minimum lot frontage per mobile home site shall be 12.2 metres;
c. minimum lot depth per mobile home site shall be 39.6 metres; and
d. every mobile home shall be setback at least 7.5 metres from the abutting internal access road or
common parking area.
4. Separation
Mobile homes or any part thereof shall be separated from each other or from any other building by not
less than 2.4 metres. Any porch, carport, or addition to a mobile home shall be regarded as part of the
mobile home for the purposes of separation.
5. Accessory Structure
All mobile homes shall be provided with durable skirtings to screen the view of the undercarriage or
foundation supports and any accessory structure shall be so designed to harmonize with the mobile
home.
6. Storage
There shall be no outside storage of any furniture or domestic equipment.
7. Recreation Space
Recreation space shall be provided on the basis of 9.0 square metres per mobile home site, and placed in
locations convenient to all residents. Such space shall be free of traffic hazards and shall not include areas
designated as greenbelt planting strip. Where such recreation space exceeds 460.0 square metres two or
more such areas shall be provided.
8. Landscaping and Screening
All areas of a Mobile Home Park not occupied by mobile homes and their additions, storage buildings,
internal roads, foot paths, driveways, permanent buildings and any other development facility, with the
exception of the required yards provided for in this Zone shall be sodded and landscaped.
9. Parking
Notwithstanding the provisions of the Parking Requirements section, each mobile home site shall be
provided with at least one (1) car parking space and in addition, visitor parking shall be provided in the
amount of one (1) space for every four (4) mobile home sites, and shall be dispersed throughout the
Mobile Home Park at locations convenient to the sites it is intended to serve. Such visitor parking shall
not be used for the storage of boats or trailers.
10. Access
Each mobile home site shall be accessible by means of an internal, hard surfaced driveway in accordance
with the following provisions:
TOWN OF HEARST
PAGE 62
ZONING BY-LAW NO. 76-19
a. a minimum of 3.5 metres in width where the traffic flow is one-way; or
b. a minimum of 7.5 metres in width where the traffic flow is two-way.
11. Municipal Services
Each mobile home site shall be provided with underground services which shall include piped water
supply and sewage disposal facilities, electrical service and fuel supply.
12. Site Plan
Mobile Home Parks shall be subject to Site Plan Control.
13. Accessory Single Detached Dwelling
One (1) single detached dwelling is permitted for the owner and/or manager within a mobile home park.
14. Community Centres and Public Parks
Any Community Centre or Public Park within the RMH Zone shall comply with the regulations set out in
the Institutional (I) zone.
4.5.4
Special Exceptions
RMH-S1 (Town of Hearst By-Law No. 110-14)
Luc and Denis Streets, PIN 65042-0520 (Schedule A)
The use of the land identified as PIN 65042-0520 (LT), being part of Lot 20 in Concession 10 in the
Township of Kendall in the Town of Hearst, designated as Parts 1 and 2 on registered plan 6R-8723 shall
comply with all provisions of this By-law and the Mobile Home Residential (RMH) Zone in which said land
is located, except as expressly varied in this subsection.
1. Permitted Uses
-
Home-based Business
-
Public park
-
Public, as set out in the Public Uses Permitted section of this By-law
-
Total of forty-one (41) mobile homes and/or single detached dwellings within the mobile home
park
2. Mobile Home Park Regulations
Notwithstanding the provisions of the Regulations section within this Zone, the existing mobile home park
located on PIN 65042-0520 and laid out as Plan CVLCP12, having less than minimum rear yard setback
from the abutting land identified as PIN 65042-0521 and having greater than maximum permissible
density of 30 mobile home sites per hectare, shall be considered to be in compliance with the provisions
established for mobile home parks in said By-law.
3. Mobile Home Site Requirements
a. Existing Mobile Home Sites
Notwithstanding the provisions of the Regulations section within this Zone, mobile home sites
existing on the date of passage of this By-law shall comply with the following provisions:
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 63
LOT NO. ON PLAN CVLCP12
LOT FRONTAGE (m)
LOT AREA (m²)
1
17.6
529
2
13.5
298
3
15.3
354
4
18.9
403
5
15.9
363
6
12.7
294
7
15.7
356
8
15.6
407
9
15.6
308
10
15.0
340
11
17.8
383
12
17.2
384
13
14.6
334
14
14.6
349
15
14.8
393
16
13.1
395
17
19.2
367
18
22.9
444
19
14.6
328
20
14.9
358
21
17.4
344
22
27.1
409
23
34.6
525
24
17.4
380
25
14.7
311
26
14.8
385
27
14.7
341
28
16.7
387
29
16.0
332
30
16.9
321
31
12.2
290
32
13.6
386
33
24.1
616
34
21.11
395
35
15.9
317
36
28.7
607
37
23.5
550
38
15.9
392
39
16.8
407
40
14.3
376
41
19.7
438
TOWN OF HEARST
PAGE 64
ZONING BY-LAW NO. 76-19
b. Existing Mobile Homes on Existing Mobile Home Sites
Notwithstanding the provisions of the Regulations section within this Zone, mobile homes existing on the
date of passage of this By-law on mobile home sites laid out on Plan CVLCP12 shall be deemed to comply
with the provisions of By-law No. 65-04.
c. New Mobile Home Installations on Existing Mobile Home Sites
Notwithstanding the provisions of the Regulations section within this Zone, new mobile homes installed
on vacant mobile home sites laid out on Plan CVLCP12 and/or new mobile homes installed to replace
mobile home units existing on the date of passage of this By-law, shall be installed in accordance with the
following provisions:
i. The distance of such mobile home from the front lot line shall be determined in accordance
with the relevant building line established for Luc Street or Denis Street, as calculated pursuant
to the Front Yard provisions within the Residential (R) Zones section of this By-law.
ii. Such mobile home shall be installed in a manner so as to maintain a minimum 2.4 metres
separation distance from other buildings and adjacent mobile homes. Any porch, carport, or
addition to a mobile home shall be regarded as part of the new or replacement mobile home
for the purposes of determining the separation distance.
iii. A minimum setback of 1.2 metres shall be provided from interior side lot lines.
iv. A minimum setback of 6.0 metres shall be provided from an exterior lot line.
v. Such mobile home and related accessory buildings shall maintain a minimum setback of 3.0
metres from electrical distribution line easements.
4. Domestic Storage
a. Ancillary Domestic Storage Lots
Notwithstanding the provisions of the Accessory Use section and the Accessory Uses, Buildings and
Structures section of this By-law, accessory buildings and structures to the principal mobile home unit
may be erected on the corresponding ancillary lot located on the opposite of the internal access road, as
laid out on Plan CVLCP12 and in accordance with the following table:
LOT NO. ON CVLCP12
ANCILLARY DOMESTIC STORAGE LOT ON CVLCP12
1
P1
2
P2
3
P3
4
P4
5
P5
6
P6
7
P7
8
P8
9
P9
10
P10
11
P11
12
P12
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 65
LOT NO. ON CVLCP12
ANCILLARY DOMESTIC STORAGE LOT ON CVLCP12
13
P13
14
P14
15
P15
16
P16
17
P17
18
P18
19
P19
20
P20
21
P21
22
P22
23
P23
24
P24
25
P25
26
P26
27
P27
28
P28
29
P29
30
P30
31
P31
32
P32
33
P33
34
P34
35
P35
36
P36
37
P37
38
P38
39
P39
40
P40
41
P41
5. Accessory Buildings and Structures
Notwithstanding the provisions of the Accessory Use section and the Accessory Uses, Buildings and
Structures section of this By-law, accessory buildings and structures to the principal mobile home may be
erected and installed on the corresponding ancillary domestic storage lot in accordance with the
following:
a. No accessory building or structure shall be located closer than 1.0 metres to any interior side or
rear lot line.
b. No accessory building or structure shall be located closer than 7.5 metres to any front lot line or
6.0 metres from any exterior side lot line.
c. An accessory building or structure shall not exceed 4.27 metres in height to mid-peak.
TOWN OF HEARST
PAGE 66
ZONING BY-LAW NO. 76-19
d. The maximum height of any door installed in an accessory building shall not exceed 3.05 metres.
e. Total gross floor area of all accessory buildings and structures located on an ancillary lot shall not
exceed 120 square metres.
6. Use of Accessory Buildings and Structures
a. No accessory building or structure shall be used for human habitation.
b. Accessory buildings and structures shall only be used for the purposes of domestic storage.
c. Open storage of goods, materials and derelict motor vehicles, derelict recreation vehicles and
derelict equipment shall not be permitted on any ancillary domestic storage lot.
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 67
FIRST DENSITY MULTIPLE RESIDENTIAL (RM1) ZONE
4.6.1
Permitted Uses
-
Group dwellings
-
Nursery school, provided such use is conducted within a place of worship
-
Place of worship
-
Public park
-
Row house
-
Triplex dwelling
-
Quadruplex dwelling
-
School
4.6.2
Regulations
Provisions
Permitted Uses
Requirement
Minimum Lot Frontage (m)
Triplex dwelling
21.0 m
Quadruplex dwelling
21.0 m
Row house dwelling
6.0 m per unit
Minimum Lot Area (m²)
Triplex dwelling
650.0 m²
Quadruplex dwelling
840.0 m²
Row house dwelling
185.0 m² per unit
Maximum Lot Coverage (%)
Triplex dwelling
40%¹
Quadruplex dwelling
40%¹
Row house dwelling
35 %
Minimum Front Yard (m)
Triplex dwelling
7.5 m
Quadruplex dwelling
7.5 m
Row house dwelling
7.5 m
Minimum Interior Side Yard (m)
Triplex dwelling
1.5 m
Quadruplex dwelling
1.5 m
Row house dwelling
3.5 m
TOWN OF HEARST
PAGE 68
ZONING BY-LAW NO. 76-19
Provisions
Permitted Uses
Requirement
Minimum Exterior Side Yard (m)
Triplex dwelling
7.0 m
Quadruplex dwelling
7.0 m
Row house dwelling
6.0 m
Minimum Rear Yard (m)
Triplex dwelling
7.5 m
Quadruplex Dwelling
7.5 m
Row house dwelling
7.5 m
Minimum Floor Area per Dwelling Unit
(m²)
Quadruplex Dwelling
and Triplex Dwelling
Bachelor
51 m²
1 Bedroom
70 m²
2 Bedroom
79 m²
Each Bedroom
(more than 2)
11.5 m²
Row house dwelling
Bachelor
75.0 m²
1 Bedroom
75.0 m²
2 Bedroom
83.5 m²
Each Bedroom
(more than 2)
14.0 m²
Maximum Height (m)
Triplex dwelling
9.0 m
Quadruplex Dwelling
9.0 m
Row house dwelling
9.0 m
4.6.3
Additional Provisions
1. Side Yards
Notwithstanding the provisions of this Zone, a minimum side yard of 3.5 metres shall be provided for
each additional storey or part thereof above the second storey.
2. Private Outdoor Amenity Area
Notwithstanding the provisions of this Zone, each dwelling unit in a group dwelling, row house dwelling,
triplex dwelling, or quadruplex dwelling with direct access to the outside shall have one (1) yard area
which serves as a private outdoor amenity area for the occupants. The private outdoor amenity area
shall be in accordance with the following provisions:
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 69
a. The private outdoor amenity area shall have a minimum yard depth of 6.0 within which a privacy
zone of 4.5 metres shall be provided.
b. A yard adjacent to a living room which is not designated as a private outdoor amenity area shall
have a minimum depth of 6.0 metres within which a privacy zone of 3.5 metres shall be provided.
No privacy zone shall be required for such living room where the living room window is a
minimum of 2.0 metres above the adjacent exterior level.
c. A yard adjacent to a habitable room other than a living room and which is not designated as a
private outdoor amenity area shall have a minimum depth of 5.25 metres within which a privacy
zone of 3.5 metres shall be provided.
3. Privacy Zone
Where dwelling units in a row house or multiple dwelling are constructed on separate lots, no side yard
shall be required where a dwelling unit has a common wall with an adjacent dwelling unit
4. Schools and Public Parks
Any school within the RM1 Zone shall comply with the regulations set out in the Institutional (I) zone.
4.6.4
Special Exceptions
RM1-S1
412 & 418 Prince Street (Schedule A4)
The use of the lands described as Parcels 12001 and 12050 Centre Cochrane, being Lots 9 and 10 on Plan
6M-429 Cochrane respectively in the Town of Hearst, shall comply with all of the regulations of this By-
law and the First Density Multiple Residential (RM1) Zone in which they are situated, except as expressly
varied in this subsection.
1. Permitted Uses
-
12 row house dwelling units
2. Regulations
a. Rear Yard
Notwithstanding the provisions of this Zone, a minimum rear yard of 4.78 metres shall be provided along
the northern lot boundaries of said land.
3. Private Outdoor Amenity Area
Notwithstanding the provisions of this Zone and the private outdoor amenity area regulations under the
First Density Multiple Residential (RM1) Zone section of this By-law, each row house dwelling unit shall be
provided with a separate and private outdoor amenity area adjacent to a dining room, in accordance with
the following requirements:
Provisions
Requirements
Private outdoor amenity area
yard depth
5.03 m
Privacy zone depth
3.66 m
TOWN OF HEARST
PAGE 70
ZONING BY-LAW NO. 76-19
RM1-S2
15 La Petite Gaspesie Road (Schedule A6)
The use of the land described as Parcel 7428 Centre Cochrane, being part of broken Lot 22 in Concession
Ten in the Township of Kendall in the Town of Hearst, designated as Part 2 on reference plan CR-595,
shall comply with all of the provisions of this By-law and the First Density Multiple Residential (RM1) Zone
in which said land is located, except as expressly varied in Subsection.
1. Permitted Uses
-
Business use incidental to an industry
-
Eating establishment
-
Multiple dwelling containing six (6) dwelling units
-
Office
-
Place of entertainment
-
Service repair shop
RM1-S3
411 George Street (Schedule A4)
The use of the lands described as Parcel 13186 in the Register for Centre Cochrane, being Lot 3 on Plan
6M-429 in the Town of Hearst, shall comply with al of the provisions of this By-law and the First Density
Multiple Residential (RM1) Zone in which said lands are located, except as expressly varied in this
subsection.
1. Permitted Uses
-
Single storey multiple residential building consisting of four (4) row house dwelling units
2. Yard Requirements
Notwithstanding the provisions of this Zone and the Residential (R) Zones section in this By-law, one (1)
interior side yard may have a minimum width of 1.8 metres.
RM1-S4
415 George Street (Schedule A4)
The use of the lands described as Parcel 12925 in the Register for Centre Cochrane, being Lot 2 on Plan
6M-429 in the Town of Hearst, shall comply with all of the provisions of this By-law and the First Density
Multiple Residential (RM1) Zone in which said lands are located, except as expressly varied in this
subsection.
1. Permitted Uses
-
Single storey multiple residential building consisting of four (4) row house dwelling units
2. Yard Requirements
Notwithstanding the provisions of this Zone and the Residential (R) Zones section in this By-law, one (1)
interior side yard may have a minimum width of 1.8 metres.
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 71
RM1-S5
405 George Street (Schedule A4)
The use of the land described as Parcel 13227 in the Register for Centre Cochrane, being Lot 4 on Plan
6M-429 Cochrane in the Town of Hearst, shall comply with all of the provisions of this By-law and the First
Density Multiple Residential (RM1) Zone in which said land is located, except as expressly varied in this
subsection.
1. Permitted Uses
-
Single storey multiple residential building consisting of four (4) row house dwelling units
2. Yard Requirements
Notwithstanding the provisions of this Zone and the Residential (R) Zones section in this By-law, one (1)
interior side yard may have a minimum width of 1.8 metres.
RM1-S6 (Town of Hearst By-Law No. 44-07)
Unassigned Fourteenth Street, South Part of Parcels 7970 and 7969CC (Schedule A2)
The use of the land described as the south 22.19 metres of those lands designated as PIN 65039-0075
(LT) and described as Parcel 7970 in the Register for Centre Cochrane, being Lot 63 on Plan M-210
Cochrane in the Town of Hearst and PIN 65039-0076 (LT) and described as Parcel 7969 in the Register for
Centre Cochrane, being Lot 64 on Plan M-210 Cochrane in the Town of Hearst, shall comply with all
provisions of this By-law and the First Density Multiple Residential (RM1) Zone in which said land is
located, except as expressly varied in this subsection.
1. Permitted Uses
-
Multiple residential building containing a maximum of four (4) dwelling units
2. Lot Requirements
Notwithstanding the provisions of this Zone and the Residential (R) Zones section of this By-law, the
minimum requirements for the aforementioned lands shall be:
Provisions
Requirements
Minimum Lot Frontage
22.19 m
Minimum Lot Area
892.7 m²
Maximum Lot Coverage
38.5%
3. Yard Areas
Notwithstanding the provisions of this Zone and the Residential (R) Zones section of this By-law, the
minimum yard and setback requirements for the aforementioned lands shall be:
Provisions
Requirements
Minimum South Interior Side
Yard
1.5 m
TOWN OF HEARST
PAGE 72
ZONING BY-LAW NO. 76-19
Provisions
Requirements
Minimum Rear Yard
1.5 m
4. Parking
Notwithstanding the provisions of the Parking and Loading Area Requirements section and the Parking
Spaces Outside a Garage provisions under the Residential (R) Zones section of this By-law, a minimum of
five (5) parking spaces shall be provided for the dwelling units located on said lands, which parking spaces
shall be located abutting Fourteenth Street.
RM1-S7 (Town of Hearst By-Law No. 43-08)
58 McNee Street; 49, 51, 53 Labelle Avenue (Schedule A1)
The use of that land identified as part of PIN 65031-0552 (LT), being the west part of part of Lot 2 in
Concession Eleven in the Township of Way in the Town of Hearst, designated as part of Part 1 on
registered plan 6R-8205 shall comply with all provisions of this By-law and the First Density Multiple
Residential (RM1) Zone in which said land is located, except as expressly varied in this subsection.
1. Permitted Uses
-
Multiple residential building containing a maximum of four (4) dwelling units
2. Yard Requirements
Notwithstanding the provisions of this Zone and Residential (R) Zones section, the rear yard may have a
minimum width of 5.5 metres.
3. Site Plan Control
The development of the aforementioned land shall be subject to Site Plan Control.
RM1-S8 (Town of Hearst By-Law No. 49-2022)
Lots 2, 3, 4 and 5 on Plan 6M487 (Veilleux Street)
The use of the land described as Lots 2, 3, 4 and 5 on Plan 6M487 in the Town of Hearst shall conform to
all provisions of this By-law and the First Density Multiple Residential (RM1) Zone in which said land is
located, except as expressly varied in this subsection.
1. Lot Requirements
Provisions
Requirements
Rear Yard Setback
4.7 meters
Driveway Width
Full lot width
Parking Location
Front yard
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 73
RM1-S9 (Town of Hearst By-Law No. 44-2023)
13 Sixth Street (Schedule A4)
The use of the land described as Parcel 3085CC being the South part of Lot 187 on Plan M48A in the
Town of Hearst, shall conform to all provisions of this By-law and the First Density Multiple Residential
(RM1) Zone in which said land is located, except as expressly varied in this subsection.
1. Lot Requirements
Provisions
Requirements
Rear Yard Setback
1.2 meters
TOWN OF HEARST
PAGE 74
ZONING BY-LAW NO. 76-19
SECOND DENSITY MULTIPLE RESIDENTIAL (RM2) ZONE
4.7.1
Permitted Uses
-
Apartment dwelling with a maximum of 8 units
-
Public Park
-
School
4.7.2
Regulations
Provisions
Permitted Uses
Requirement
Minimum Lot Frontage (m)
Apartment dwellings
30.0 m
Minimum Lot Area (m²)
Apartment dwellings
1,400.0 m²
Maximum Lot Coverage (%)
Apartment dwellings
33%
Minimum Front Yard (m)
Apartment dwellings
7.5 m
Minimum Interior Side Yard (m)
Apartment dwellings
6.0 m
Minimum Exterior Side Yard (m)
Apartment dwellings
7.5 m
Minimum Rear Yard (m)
Apartment dwellings
7.5 m
Minimum Floor Area per
dwelling unit (m²)
Apartment dwellings
Bachelor
46.0 m²
1 Bedroom
60.0 m²
2 Bedroom
75.0 m²
Each
Bedroom
(more than
2)
11.5 m²
Maximum Gross Floor Area as a
percent of lot area (%)
Apartment dwellings
100 %
Maximum Height (m)
Apartment dwellings
9.0 m
4.7.3
Additional Provisions
1. Amenity Area
a. The minimum amenity area shall equal fifty per cent (50%) of the gross floor area.
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 75
b. Not less than fifty per cent (50%) of the required amenity area shall be located in one place on
the lot, up to a maximum of 460.0 square metres.
2. Schools and Public Parks
Any school or public park within the RM2 Zone shall comply with the regulations set out in the
Institutional (I) zone.
4.7.4
Special Exceptions
RM2-S1
823 Prince Street (Schedule A3 and A4)
The use of the land described as Parcel 523 Centre Cochrane, being Lot 338 on Plan M-48 Algoma, shall
comply with all the regulations of the Second Density Multiple Residential (RM2) Zone section of this By-
law for the Second Density Multiple Residential (RM2) Zone in which said land is situated, except as
expressly varied in this subsection.
1. Yard Requirements
Notwithstanding the provisions of this Zone, a minimum front yard of 3.4 metres shall be provided.
RM2-S2 (Town of Hearst By-Law No. 4407)
1405 Alexandra Street (Schedule A2)
The use of the land described as the north 28.1 metres of those lands designated as PIN 65039-0075 (LT)
and described as Parcel 7970 in the Register for Centre Cochrane, being Lot 63 on Plan M-210 Cochrane
in the Town of Hearst and PIN 65039-0076 (LT) and described as Parcel 7969 in the Register for Centre
Cochrane, being Lot 64 on Plan M-210 Cochrane in the Town of Hearst, shall comply with all provisions of
this By-law and the Second Density Multiple Residential (RM2) Zone in which said land is located, except
as expressly varied in this subsection.
1. Lot Requirements
Notwithstanding the provisions of this Zone and the Residential (R) Zones section of this By-law, the
minimum requirements for the aforementioned lands shall be:
Provisions
Requirements
Minimum Lot Frontage
28.1 m
Minimum Lot Area
1,130.5 m²
2. Yard Areas
Notwithstanding the provisions of this Zone and the Residential (R) Zones section of this By-law, the
minimum yard and setback requirements for the aforementioned lands shall be:
Provisions
Requirements
Minimum South Interior Side Yard
5.0 m
TOWN OF HEARST
PAGE 76
ZONING BY-LAW NO. 76-19
3. Parking
Notwithstanding the provisions of the Parking and Loading Area Requirements section and the Parking
Spaces Outside a Garage provisions under the Residential (R) Zones section of this By-law, a minimum of
eight (8) parking spaces shall be provided for the six (6) dwelling units located on said lands, of which six
(6) parking spaces shall be located abutting Fourteenth Street and two (2) parking spaces shall be located
in the rear yard area.
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 77
HIGH DENSITY RESIDENTIAL (RH1) ZONE
4.8.1
Permitted Uses
-
Apartment dwelling with more than 8 units
-
Public park
-
School
4.8.2
Regulations
Provisions
Permitted Uses
Requirement
Minimum Lot Frontage (m)
Apartment dwellings
30.0 m
Minimum Lot Area (m²)
Apartment dwellings
1,400.0 m²
Maximum Lot Coverage (%)
Apartment dwellings
33%
Minimum Front Yard (m)
Apartment dwellings
7.5 m
Minimum Interior Side Yard (m)
Apartment dwellings
6.0 m
Minimum Exterior Side Yard (m)
Apartment dwellings
7.5 m
Minimum Rear Yard (m)
Apartment dwellings
7.5 m
Minimum Floor Area per
dwelling unit (m²)
Apartment dwellings
Bachelor
46.0 m²
1 Bedroom
60.0 m²
2 Bedroom
75.0 m²
Each
Bedroom
(more than
2)
11.5 m²
Maximum Gross Floor Area as a
percent of lot area (%)
Apartment dwellings
100 %
Maximum Height (m)
Apartment dwellings
10.0 m
4.8.3
Additional Provisions
1. Amenity Area
a. The minimum amenity area shall equal fifty per cent (50%) of the gross floor area.
TOWN OF HEARST
PAGE 78
ZONING BY-LAW NO. 76-19
b. Not less than fifty per cent (50%) of the required amenity area space shall be located in one place
on the lot, up to a maximum of 460.0 square metres.
2. Schools and Public Parks
Any school or public park within the RH1 Zone shall comply with the regulations set out in the
Institutional (I) zone.
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 79
RURAL RESIDENTIAL (RR) ZONE
4.9.1
Permitted Uses
-
Existing dwelling
-
Public park
4.9.2
Regulations
Provisions
Permitted Uses
Requirement
Minimum Lot Frontage (m)
Dwellings
30.0 m
Minimum Lot Depth (m)
Dwellings
1,800.0 m²
Minimum Front Yard (m)
Dwellings
7.5 m
Minimum Interior Side Yard (m)
Dwellings
7.5 m
Minimum Exterior Side Yard (m)
Dwellings
7.5 m
Minimum Rear Yard (m)
Dwellings
7.5 m
Maximum Height (m)
Dwellings
9.0 m
4.9.3
Additional Provisions
1. Public Parks
Any public park within the RR Zone shall comply with the regulations set out in the Institutional (I) zone.
4.9.4
Special Exceptions
RR-S1
102 Highway 11 East (Schedule A)
The use of the land identified as PIN 65042-0521 (LT), being part of Lot 20 in Concession 10 in the
Township of Kendall in the Town of Hearst, designated as Parts 3 through 9 inclusive on registered plan
6R-8723 shall comply with all the provisions of this By-law and the Rural Residential (RR) Zone in which
said land is located, except as expressly varied in this subsection.
1. Permitted Uses
-
Single detached dwelling
-
Seasonal camping ground containing thirty-two (32) serviced spaces designated specifically for
overnight accommodations.
RR-S2
1787 Highway 11 West (Schedule A1)
TOWN OF HEARST
PAGE 80
ZONING BY-LAW NO. 76-19
The use of the lands described as Parcel 8889 in the Register for Centre Cochrane, being part of Lot 6 in
Concession Eleven in the Township of Way in the Town of Hearst, designated as Part 6 on reference plan
6R-1847, shall comply with all the provisions of this By-law, and the Rural Residential (RR) Zone in which
said lands are situate, except as expressly varied in this subsection.
1. Apartments Permitted
Permitted uses of said lands shall include a multiple residential building containing a maximum of three
(3) dwelling units.
RR-S3 (Town of Hearst By-Law No.7-18)
21 Cloutier Road South (Schedule A1)
The use of the land identified as PIN 65031-0465 (LT) and described as Parcel 9106 Section Centre
Cochrane, being Part of Lot 6 in concession 11 in the Township of Way, which is also identified as Part 1
on reference plan 6R2516 in the Town of Hearst, shall comply with all provisions of this By-law and the
Rural Residential (RR) Zone in which said land is located, except as expressly varied in this subsection.
1. Permitted Uses as amended by By-law No. 7-18
In addition to those permitted uses set out in the Rural Residential (RR) Zone section of this By-law, the
following land uses shall also be permitted on said land in the rear yard of said property:
-
Kennel
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 81
COMMERCIAL ZONES
No person shall hereafter use or alter any lands nor erect, alter, enlarge or use any building or structure
in a Commercial Zone except in accordance with the provisions of this Section and of any other relevant
Sections of this By-law.
GENERAL PROVISIONS FOR COMMERCIAL ZONES
The provisions of this Section shall apply to the following Commercial Zones:
-
Downtown Commercial (C1) Zone
-
Neighbourhood Commercial (C2) Zone
-
Highway Commercial (C3) Zone
-
Shopping Centre Commercial (C4) Zone
-
Mixed Commercial/Residential (MCR) Zone
5.1.1
Outdoor Seasonal Display of Goods and Articles
1. Nothing contained herein shall prevent the seasonal display of goods and articles in outdoor or open
areas within any Commercial Zone.
5.1.2
Secondary Residential Uses
1. Where residential accommodation is permitted in a Commercial Zone, a separate access shall be
provided to the residential portion of the building.
5.1.3
Space for Landscaping
1. Notwithstanding anything else in this By-law, where a Commercial Zone fronts opposite to or abuts a
Residential or Open Space Zone, a strip of land not less than 1.5 metres in width, located inside and
abutting the Commercial Zone boundary shall not be used for any purpose other than landscaping,
but this shall not prevent the provision of entrances and exits to the Commercial Zone across the
landscape strip.
5.1.4
Special Regulations for Motor Vehicle Washing Establishments
1. Where a lot in a Commercial Zone is used for a motor vehicle washing establishment, the entrance
layout for the progressive movement of cars entering the establishment shall be sufficient to
accommodate not less than fifteen (15) cars outside the building and on the subject lot, and the exit
layout shall be sufficient to accommodate not less than five (5) cars outside the building and on the
subject lot.
2. The said lanes in which vehicles shall move on the lot shall be clearly defined by lines painted on the
surface of the lot and the edge of the lane nearest to the property line shall be defined by a curb of
concrete or rolled asphalt or by a bumper fence.
3. The minimum inside turning radius for the said lanes shall be 6.0 metres.
4. The said lanes shall be clear and unobstructed in every way.
TOWN OF HEARST
PAGE 82
ZONING BY-LAW NO. 76-19
5. The minimum width of ramps shall be 3.0 metres for one-way traffic and 6.0 metres for two-way
traffic and the maximum width of ramps shall be 6.0 metres for one-way traffic and 9.0 metres for
two-way traffic.
6. The minimum distance of a ramp to an intersection of two streets shall be 46.0 metres measured
along the abutting street line and its projection to the point of intersection with the street line or its
projection of the other street.
7. The minimum distance between ramps shall be not less than 10.5 metres.
8. The minimum interior angle of a ramp to a street line shall be seventy degrees (70°) and the
maximum interior angle of a ramp to the street line shall be ninety degrees (90°).
9. The minimum distance from the intersection of any property line of the lot and the street line to the
nearest ramps shall be 3.0 metres.
10. The area located between ramps or between ramps and a street line or property line as required by
the provisions within Special Regulations for Motor vehicle Washing Establishments Section of this
By-law and a strip having a minimum width of 1.5 metres adjacent to any side or rear lot line shall not
be used for any purposes other than landscaping.
11. Notwithstanding any other provision of this By-law to the contrary, the entire lot used for a motor
vehicle washing establishment, except that required to be reserved for landscaping by this section,
shall have a cement or asphalted binder or such other permanent type of surfacing.
12. Adequate drainage facilities shall be provided.
5.1.5
Special Regulations for Motor Vehicle Service Stations and Commercial
Garages
Notwithstanding anything else in this By-law, where a lot in a Commercial Zone is used for Motor Vehicle
Service Station or commercial garage, the following special regulations shall apply:
1. Interior lots used for such purposes shall have a minimum lot frontage of 46.0 metres and minimum
lot depth of 30.0 metres.
2. Corner lots used for such purposes shall have a minimum lot frontage of 46.0 metres and minimum
lot depth of 46.0 metres.
3. No portion of any pump island on a service station lot shall be located closer than 4.5 metres from
the street line of any street or 6.0 metres from any lot line.
4. No portion of any building or structure other than a pump island or canopy shall be located closer to
the street line than 12.0 metres or closer than 7.5 metres to a side or rear lot line that does not abut
a street.
5. No storage of materials incidental to the operation of the Motor Vehicle Service Station shall be
carried on outside a building, unless such materials are completely enclosed by adequate screening in
the form of landscaping or fencing to a height of not less than 2.0 metres.
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 83
5.1.6
Special Regulations for Hotels and Motels
1. Where a motel is a permitted use in a commercial zone, one (1) single detached dwelling is permitted
on the same lot as such a hotel or motel for use by the owner or management.
TOWN OF HEARST
PAGE 84
ZONING BY-LAW NO. 76-19
DOWNTOWN COMMERCIAL (C1) ZONE
5.2.1
Permitted Uses
-
Bakery
-
Bar
-
Clinic
-
Commercial school
-
Community centre
-
Custom workshop
-
Dwelling unit that is part of a commercial building and is located above, below or at the rear of
the main commercial use
-
Eating establishment with or without takeout
-
Existing dwelling
-
Financial establishment
-
Funeral home or parlour
-
Hotel
-
Micro-brewery
-
Motel
-
Motor vehicle sales outlet
-
Motor vehicle service station
-
Office
-
Parking lot
-
Personal service shop
-
Place of entertainment
-
Place of worship
-
Print shop
-
Public park
-
Recreational vehicle sales outlet
-
Retail store
-
Retail convenience store
-
Service or repair shop
-
Take-out eating establishment
-
Veterinary establishment
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 85
5.2.2
Regulations
Provisions
Permitted Uses
Requirement
Maximum Lot Coverage (%)
All permitted uses
50%
Minimum Floor Area per
Dwelling Unit (m²)
Permitted dwelling units
Bachelor
70 m²
1 Bedroom
70 m²
2 Bedroom
70 m²
Each Bedroom
(more than 2)
70 m²
Maximum Gross Floor Area as a
percent of lot area (%)
All permitted uses
100%
Maximum Height (m)
All permitted uses
9.0 m
5.2.3
Additional Provisions
1. Residential Uses
Residential dwelling units in storeys above a commercial establishment shall comply with the following
requirements:
a. Amenity area shall be provided for the exclusive use of each dwelling unit in the amount of 18.5
square metres per dwelling unit.
b. Not less than fifty per cent (50%) of the amenity area shall be located in one place.
c. Access to dwelling units shall be provided for the exclusive use of each dwelling unit and such
access shall be separate from the access to the commercial use.
d. Parking shall be provided in accordance with the provisions of the General Provisions section of
this By-law.
2. Side Yards
a. Notwithstanding the provisions this Zone, a side yard shall not be required where there is access
available to the rear of the building by a public or private lane.
b. Where a side lot line abuts a Commercial or Industrial Zone and no access is available to the rear
of the building by a public or private lane, then one side yard shall be provided having a minimum
width of 3.5 metres.
c. Where a side lot line abuts a Residential or Open Space Zone, the setback from the said side lot
line shall be a minimum of 4.5 metres.
d. Where a side lot line abuts a street, the setback from the said lot line shall be a minimum of 3.0
metres, but in no case shall the setback from the centre line of the flanking street be less than
13.0 metres.
TOWN OF HEARST
PAGE 86
ZONING BY-LAW NO. 76-19
3. Rear Yards
a. Notwithstanding the provisions of this Zone, a rear yard shall not be required where there is
access available to the rear of the building by a public or private lane.
b. Where a rear lot line abuts a Commercial or Industrial Zone, and no access is available to the rear
of the building except by means of a yard, the setback from the said rear lot line shall be a
minimum of 6.0 metres.
c. Where a rear lot line abuts a Residential or Open Space Zone, the setback from the said rear lot
line shall be a minimum of 10.5 metres.
d. Where a rear yard abuts a street, the setback from the said rear lot line shall be a minimum of 3.0
metres but in no case shall the setback from the centre line of the abutting street be less than
13.0 metres.
e. Where a building contains residential accommodation in the second or third storeys, the nearest
main wall of the residential portion of the building shall be not less than 10.5 metres from the
rear lot line.
4. Parking and Loading
a. Parking and loading facilities shall be provided in accordance with the provisions of the Parking
Requirements, Loading Requirements, and the Parking and Loading Area Requirements sections
of this By-law
5. Exception
a. Within a Downtown Commercial (C1) Zone, the requirements of this Zone with respect to lot
coverage and rear yards shall not apply to the expansion, alteration or replacement of any
existing building used for a permitted commercial use including a dwelling attached thereto.
6. Corner Lots
a. Notwithstanding the provisions of this Zone, in the case of a vacant corner lot or where any
existing dwelling located on a corner lot is converted to a commercial use or replaced by a
building or structure intended for commercial purposes, as permitted in a Downtown Commercial
(C1) Zone, then no building or structure shall be erected on such corner lot within a triangle of
land formed by joining two points measured 6.0 metres back along the front lot line and flankage
lot line from the point of intersection of said lot lines.
7. Vehicle Storage
a. In any Downtown Commercial (C1) Zone, any person who conducts a commercial undertaking for
which commercial motor vehicles are stored on the premises, shall provide in such Zone, an area
on the property for the exclusive storage of such vehicles and where such commercial property
abuts a Residential or Open Space Zone, the said storage area shall be screened by a fence or
hedge not less than 2.0 metres in height and located in such a manner so as to screen the said
storage area from the surrounding residential properties, and such commercial motor vehicles
when stored on the property, shall only be stored in the said storage area.
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 87
8. Open Storage
a. Open storage of goods and materials shall not be permitted unless completely enclosed and
screened by a solid and continuous fence with a minimum height of 2.0 metres.
9. Conversion to Residential Use
a. Within a Downtown Commercial (C1) Zone, the rear portion of a commercial use building at
street level may be converted to one (1) residential unit, provided that at least sixty per cent
(60%) of the gross floor area directly adjacent to a public thoroughfare is maintained for
commercial occupancies and use.
5.2.4
Special Exceptions
C1-S1
715 Edward Street, Parcels 2297, 4043, 3535CC (Schedule A3 and A4)
The use of the land described below shall comply with all the regulations of this By-law for the Downtown
Commercial (C1) Zone in which it is located except as expressly varied in this subsection.
1. Permitted Uses
Lot
Permitted Uses
Lots 498, 501 Plan M-48A
Downtown Commercial Special (C1-s) Zone for an existing funeral
home and secondary accommodations in accordance with
provisions in the General Provisions and Downtown Commercial
(C1) Zone sections of this By-law.
C1-S2
631 Front Street (Schedule A4 and A8)
The use of the lands described as Parcels 7225, 8069, 2465 and 4071 Centre Cochrane, being Lot 112 and
parts of Lots 110 and 111 on Plan M-48 Algoma in the Town of Hearst, shall comply with all of the
regulations of this By-law and the Downtown Commercial (C1) Zone in which they are located, except as
expressly varied in this subsection.
1. Regulations
No building, structure or lands shall be used, and no building or structure shall be hereafter erected or
altered on said lands, except in accordance with the provisions of this Zone and the General Provisions of
this By-law and the following provisions:
2. Yard Requirements
Notwithstanding the Rear Yards provision (d) within this Zone of this By-law, no minimum setback from
the rear lot line or the centre line of George Street shall be required for any buildings or parts thereof
located along George Street.
3. Sight Triangle
No buildings or parts thereof shall be erected within that triangle of land formed by joining the point
located at a distance of 6.0 metres from the southwest corner of said lands as measured northwards
TOWN OF HEARST
PAGE 88
ZONING BY-LAW NO. 76-19
along the westernmost lot line and that point located at a distance of 6.0 metres from said lot corner as
measured eastwards along the southernmost lot line.
4. Loading Zone
A loading zone shall be maintained at all times within the rear yard area located between the principal
building and the rear lot line along George Street, in accordance with the provisions of the Loading
Requirements and the Parking and Loading Area Requirements sections of this By-law.
C1-S3
4 Twelfth Street (Schedule A3 and A9)
The use of the lands described as Parcel 9410 in the Register for Centre Cochrane, being the north part of
Lot 15 on Plan M-106 Cochrane, designated as Parts 4 to 6 on reference plan CR-738 in the Town of
Hearst, shall comply with all of the regulations of this By-law and the Downtown Commercial (C1) Zone in
which it is located, except as expressly varied in this subsection.
1. Permitted Uses
-
Bakery
-
Financial establishment
-
Commercial school
-
Custom workshop
-
Eating establishment
-
Funeral home or parlour
-
Hotel
-
Motel
-
Motor vehicle sales outlet
-
Office
-
Parking lot
-
Personal service shop
-
Place of entertainment
-
Print shop
-
Retail store
-
Service or repair shop
-
Veterinary establishment
-
Warehouse or distribution facility
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 89
2. Regulations
No building, structure or land shall be used, and no building or structure shall be hereafter erected or
altered on said lands, except in accordance with the provisions of this Zone and the General Provisions of
this By-law and the following provisions:
3. Yard Requirements
Notwithstanding the provisions of this Zone, the minimum setbacks from lot lines shall be established as
follows:
Provisions
Requirements
Minimum Front Yard
1.2 m
Minimum Interior Side Yard
2.44 m
Minimum Exterior Side Yard
4.2 m
Minimum Rear Yard
5.2 m
4. Lot Coverage
Notwithstanding the provisions of this Zone, the maximum lot coverage of buildings erected on said land
shall be fifty per cent (50%).
5. Sight Triangle
No buildings, structures or fences or parts thereof shall be erected within that triangle of land formed by
joining the point located at a distance of 6.0 metres from the northeast corner of said lands as measured
westward along the northern lot line and that point located at a distance of 6.0 metres from said lot
corner as measured southward along the eastern lot line.
6. Parking and Loading
Parking and loading facilities shall be provided on site in accordance with the requirements of the Parking
Requirements, Loading Requirements and Parking and Loading Area Requirements sections of this By-law.
No entrance or exit from any parking or loading area shall be located along Front Street and no entrances
or exits along Twelfth Street shall be located within a distance of 24.5 metres of the intersection of Front
Street and Twelfth Street.
7. Open Storage
Open storage of goods and materials shall not be permitted.
8. Site Plan Control
The development of said land shall be subject to Site Plan Control.
C1-S4
911 Front Street (Schedule A3 and A9)
The use of the land identified as PIN 65040-0115 and Described as Parcel 6633 Section Center Cochrane,
being the North West quarter of lot 132 on plan M48A, in the Town of Hearst shall comply with all
TOWN OF HEARST
PAGE 90
ZONING BY-LAW NO. 76-19
provisions of this By-law and the Downtown Commercial (C1) Zone in which said land is located, except as
expressly varied in this subsection.
1. Permitted Uses
In addition to the permitted uses of the Downtown Commercial (C1) Zone, the following land uses shall
also be permitted on said properties:
-
Residence for Post-Secondary Students (provided that a commercial lease agreement is made
between the property owner and a post-secondary institution. The owner shall provide a copy of
such agreement to the Town for the time period that the building is utilized for such use).
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 91
NEIGHBOURHOOD COMMERCIAL (C2) ZONE
5.3.1
Permitted Uses
-
Club
-
Commercial school
-
Community centre
-
Dwelling unit as a secondary use to a permitted commercial use
-
Office
-
Personal service shop
-
Place of worship
-
Parking lot
-
Public park
-
Retail store
-
Retail convenience store
-
Service or repair shop, excluding an auto or tire supply store
5.3.2
Regulations
Provisions
Permitted Uses
Requirement
Minimum Lot Frontage (m)
All permitted uses
18.0 m
Minimum Lot Area (m²)
All permitted uses
460.0 m²
Maximum Lot Coverage (%)
All permitted uses
30%
Minimum Front Yard (m)
All permitted uses
7.5 m
Minimum Interior Side Yard (m)
All permitted uses
3.0 m
Minimum Exterior Side Yard (m)
All permitted uses
6.0 m
Minimum Rear Yard (m)
All permitted uses
7.5 m
Minimum Floor Area per
dwelling unit (m²)
All permitted uses
70 m²
Maximum Height (m)
All permitted uses
9.0 m
TOWN OF HEARST
PAGE 92
ZONING BY-LAW NO. 76-19
5.3.3
Additional Provisions
1. Residential Uses
Residential dwelling units as secondary uses to a permitted commercial use shall comply with the
following regulations:
a. Amenity area shall be provided for the exclusive use of each dwelling unit in the amount of 18.5
square metres per dwelling unit.
b. Not less than fifty per cent (50%) of the amenity area shall be located in one place.
c. Access to dwelling units shall be provided for the exclusive use of each dwelling unit and such
access shall be separate from the access to the commercial use.
d. Parking shall be provided in accordance with the provisions of the Parking Requirements section
of this By-law.
2. Side Yards
a. Where a side lot line abuts a Residential or Open Space Zone, the setback from the said lot line
shall be a minimum of 7.5 metres.
b. Where a side lot line abuts a street, the setback from the said lot line shall be a minimum of 6.0
metres, but in no case shall the setback from the centre line of the flanking street be less than
16.0 metres.
3. Rear Yards
Where a rear lot line abuts a Residential or Open Space Zone, the setback from the said rear lot line shall
be a minimum of 10.5 metres.
4. Parking and Loading
Parking and loading facilities shall be provided in accordance with the provisions of the Parking
Requirements, Loading Requirements and the Parking and Loading Area Requirements sections of this By-
law.
5. Single Retail Store
Notwithstanding the provisions of the Loading Requirements section of this By-law, where a single retail
store, having a maximum gross floor area of 186.0 square metres is located in a Neighbourhood
Commercial (C2) Zone, and does not form part of a group or string of retail stores, a minimum of two (2)
off-street parking spaces shall be provided on the same lot as said store, in compliance with the
requirements of the Parking Requirements section within this By-law.
6. Vehicular Storage
In any Neighbourhood Commercial (C2) Zone, any person who conducts a commercial undertaking for
which commercial motor vehicles are stored on the premises, shall provide in such Zone, an area on the
property for the exclusive storage of such vehicles and the said storage area shall be screened by a hedge
not less than 2.0 metres in height located in such a manner so as to screen the said storage area from the
surrounding residential properties, and such commercial motor vehicle when stored on the property shall
only be stored in the said storage area or in an accessory building located on said lot for such purpose.
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 93
7. Community Centres, Places of Worship, and Public Parks
Any community centre, place of worship, or public park within the Neighbourhood Commercial (C2) Zone
shall comply with the regulations set out in the Institutional (I) zone.
8. Retail Store
Notwithstanding any other provision of this By-law, within the Neighbourhood Commercial (C2) Zone, a
permitted retail store shall not have a gross floor area exceeding 300.0 square metres.
5.3.4
Special Exceptions
C2-S1
5 Highway No. 583 North (Schedule A5 and A8)
The use of the land described as Parcel 4667 in the Register for Centre Cochrane, being Lot 1 on Plan M-
186 Cochrane in the Town of Hearst, shall comply with all of the provisions of this By-law and the
Neighbourhood Commercial (C2) Zone in which said land is situated, except as expressly varied in this
subsection.
1. Permitted Uses
-
Take-out eating establishment
2. Regulations
No building, structure or land shall be used, and no building or structure shall be erected or installed on
said lands, except in accordance with the provisions of this Zone, the General Provisions and Commercial
(C) Zones sections of this By-law and the following provisions:
3. Fences
A solid and continuous fence or hedge having a minimum height of 2.0 metres shall be erected along the
rear and interior side lot lines to act as a buffer for abutting residential land uses.
4. Site Plan Control
The development of said land shall be subject to Site Plan Control.
C2-S2 (Town of Hearst By-Law No.18-10)
53 McNee Street (Schedule A1)
The use of the lands described as the westernmost part of Parcel 9890 in the Register for Centre
Cochrane, being the west 27.9 metres more or less of part of Lot 2 in Concession 10 in the Township of
Way in the Town of Hearst, designated as Part 1 on reference plan 6R-2895 shall comply with all
provisions of this By-law and the Neighbourhood Commercial (C2) Zone in which said lands are located,
except as expressly varied in this subsection.
1. Yard Requirements
Notwithstanding the provisions of clauses (1) and (2) under the Regulations subsection of this Zone, a
building containing a convenience store and attached dwelling unit may be erected on the
aforementioned land having a minimum east interior side yard setback of 1.5 metres and minimum rear
yard setback of 7.92 metres from the south lot line of said land.
TOWN OF HEARST
PAGE 94
ZONING BY-LAW NO. 76-19
HIGHWAY COMMERCIAL (C3) ZONE
5.4.1
Permitted Uses
-
Bar
-
Clinic
-
Dwelling unit that is part of and is above or at the rear of a principal commercial building
-
Eating establishment
-
Existing dwelling
-
Farm implement sales and service
-
Gasoline bar
-
Government facility
-
Health club
-
Institutional use
-
Hotel
-
Micro-brewery
-
Motel
-
Motor vehicle sales outlet
-
Motor vehicle service station
-
Motor vehicle washing establishment
-
Office
-
Public park
-
Recreational vehicle sales outlet
-
Retail store
-
Service or repair shop
-
Take-out eating establishment
-
Transport terminal
5.4.2
Regulations
Provisions
Permitted Uses
Requirement
Minimum Lot Frontage (m)
All permitted uses
40.0 m
Minimum Lot Depth (m)
All permitted uses
61.0 m
Maximum Lot Coverage (%)
All permitted uses
40%
Minimum Front Yard (m)
All permitted uses
9.0 m
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 95
Provisions
Permitted Uses
Requirement
Minimum Interior Side Yard (m)
All permitted uses
4.5 m
Minimum Exterior Side Yard (m)
All permitted uses
9.0 m
Minimum Rear Yard (m)
All permitted uses
15.0 m
Minimum Floor Area per
dwelling unit (m²)
All permitted uses
Bachelor
70 m²
1 Bedroom
70 m²
2 Bedroom
70 m²
Each
Bedroom
(more than
2)
70 m²
Maximum Height (m)
All permitted uses
9.0 m
5.4.3
Additional Provisions
1. Side Yards
Notwithstanding the provisions of this Zone, where a side lot line abuts a Residential or Open Space Zone,
the setback from said lot line shall be a minimum of 7.5 metres.
2. Parking and Loading
Parking and loading facilities shall be provided in accordance with the provisions of the Parking
Requirements, Loading Requirements, and the Parking and Loading Area Requirements sections of this
By-law
3. Residential Uses
Dwelling units located in second and/or third storeys and/or at the rear of a commercial establishment
shall comply with the following requirements:
a. Each dwelling unit shall have direct access to a private outdoor amenity area of minimum 10.0
square metres, which shall be provided for the exclusive use of the occupants of said dwelling
unit.
b. Access to dwelling units shall be separate from the access provided for the commercial use, and
such access shall be for the exclusive use of the occupants of the dwelling units.
c. Parking shall be provided in accordance with the provisions of the provisions of the Parking
Requirements section of this By-law.
4. Public Park and Institutional Use
Any public park or institutional use permitted within the C2 Zone shall comply with the regulations set out
in the Institutional (I) zone.
TOWN OF HEARST
PAGE 96
ZONING BY-LAW NO. 76-19
5.4.4
Special Exceptions
C3-S1
2 Highway 583 North (Schedule A5 and A8)
The use of the lands described as Parcels 3192, 3469, 3559 and 5609 in the Register for Centre Cochrane,
being parts of Lots 15, 16, 17, part of 48, 49 and 50 on Plan M-48 Algoma and part of the former road
allowance laid out as Third Street on said plan, shall comply with all of the provisions of this By-law and
the Highway Commercial (C3) Zone in which said lands are situate, except as expressly varied in this
subsection.
1. Minimum Setbacks
Notwithstanding the provisions of this Zone, the minimum setbacks from lot lines for a principal building
on said lands shall be established as:
Provisions
Requirements
Minimum Front Yard
5.66 m
Minimum Rear Yard
4.57 m
2. Buffering
Notwithstanding the Space for Landscaping regulations under the General Provisions for Commercial
Zones section of this By-law, a solid and continuous fence having minimum height above grade of 1.83
metres shall be maintained along the rear lot line which forms a common boundary with Lot 18 on Plan
M-48 Algoma.
3. Open Storage
The open storage of motor vehicle parts and/or derelict motor vehicles shall not be permitted.
4. Site Plan Control
The development of said lands shall be subject to Site Plan Control pursuant to the Planning Act, R.S.O.
1990, c. P.13 and this By-law.
C3-S2
3 Fifteenth Street (Schedule A2 and A10)
The use of the land described as Parcel 6850 Centre Cochrane, being the north part of Lot 1 on Plan M-
106 Cochrane shall comply with all regulations of this By-law and the Highway Commercial (C3) Zone in
which it is located, except as expressly varied in this subsection.
1. Permitted Uses
-
Clinic
-
Club
-
Commercial school
-
Commercial uses permitted under the Downtown Commercial (C1) and the Highway Commercial
(C3) Zones of this By-law
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 97
-
Community centre
-
Dwelling units that are above the commercial uses and are an integral part of the principal
commercial building
-
Health club
-
Indoor recreational facility
-
Public, as set out in the Public Uses Permitted section of this By-law
2. Regulations
No building, structure or land shall be used, and no building or structure shall be hereafter erected or
altered on said land, except in accordance with the provisions of this Zone and the General Provisions of
this By-law and the following provisions:
a. Yard Requirements
Notwithstanding the provisions of this Zone and within the Highway Commercial (C3) Zone section in this
By-law, the setbacks from the interior side and rear lot lines shall be a minimum of 9.0 metres each.
b. Buffering
Where a side lot line abuts a Residential Zone, a strip of land not less than 1.5 metres in width shall be
maintained in accordance with the provisions of the Buffer Strips section and the provisions of the
Commercial (C) Zone section of this By-law.
c. Type of Buildings or Structures
A building or buildings shall be permitted to be erected on said land, containing individual commercial
establishments designed and managed as a unit by a single owner or tenant, or group of owners or
tenants. Each establishment shall have an independent and separate means of access and exit from
exterior areas, and the erection of interior common corridors shall not be permitted.
d. Parking and Loading
Parking and loading facilities shall be provided in accordance with the provisions of the Parking
Requirements, Loading Requirements and the Parking and Loading Area Requirements sections of this By-
law, and shall be calculated specifically for each commercial establishment occupying the building or
buildings.
C3-S3
15 Fifteenth Street (Schedule A2)
The use of the land described as Parcel 12670 in the Register for Centre Cochrane, being that part of the
south part of Lot 1 on Plan M-106 Cochrane in the Town of Hearst, designated as Part 1 on reference plan
6R-6633, shall comply with all regulations of this By-law and the Highway Commercial (C3) Zone in which
said land is located except as expressly varied in this subsection.
1. Permitted Uses
Permitted uses shall include a locksmith and a repair shop for the repair of small articles in the building
located on said land.
TOWN OF HEARST
PAGE 98
ZONING BY-LAW NO. 76-19
2. One Building
Only one (1) building shall be permitted on said land.
3. Minimum Setbacks
Notwithstanding the provisions of this Zone, the general provisions in the Commercial (C) Zones section
and the provisions of the Highway Commercial (C3) Zone section of this By-law, the minimum setbacks
from lot lines shall be established as:
Provisions
Requirements
Minimum Front Yard
20.5 m
Minimum Interior Side Yard
2.44 m
Minimum Rear Yard
3.66 m
4. Open storage
Open storage of materials and supplies shall not be permitted on said land at any time.
C3-S4 (Town of Hearst By-Law No.2607)
1221 Front Street (Schedule A3)
The use of the land described as Parcel 12332 Centre Cochrane, being part of Lot 13 on Plan M-106
Cochrane, shall comply with all of the provisions of this By-law and the Highway Commercial (C3) Zone in
which said land is situated, except as expressly varied in this subsection.
1. Permitted Uses
-
Interior and outdoor sales area for the display and sale of new or used goods, articles, equipment
and vehicles
-
Service repair shop
-
Take-out eating establishment
2. Yard Requirements
Notwithstanding the provisions of this Zone and the Commercial (C) Zone section of this By-law, the
minimum rear yard requirement shall be 6.1 metres.
3. Buffering
The site shall be obscured from visibility from abutting residential properties by the erection of a solid
and continuous fence or hedge having height of 2.0 metres along the rear lot line and along the side lot
lines for a minimum distance of 25 metres north from the rear lot line of the subject lands.
4. Open Storage
The open storage and display of goods, articles, equipment and vehicles shall be restricted to the front
yard area. Open storage of goods, articles and/or materials shall not be permitted in any side or rear yard
area.
5. Site Plan Control
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 99
The development of said land shall be subject to Site Plan Control.
C3-S5
412 Highway 11 East (Schedule A5 and A7)
The use of the land described as Parcel 4190 in the Register for Centre Cochrane, being firstly the east
half of Lot 57 on Plan M-48 Algoma in the Town of Hearst, excepting the south thirty-four (34) feet
thereof, and secondly the west half of Lot 58 on Plan M-48 Algoma in the Town of Hearst, excepting the
south thirty-four (34) feet thereof, shall comply with all of the provisions of this By-law and the Highway
Commercial (C3) Zone in which said land is located, except as expressly varied in this subsection.
1. Personal Service Shop Permitted
Notwithstanding the provisions of the Highway Commercial (C3) Zone section of this By-law, a personal
service shop may be located and operated in the front half of the existing dwelling unit located on said
land.
C3-S6 (Town of Hearst By-Law No. 19-06)
210 Highway 11 East (Schedule A6)
The use of the land described as Parcel 9376 in the Register for Centre Cochrane, being that part of Lot 21
in Concession Ten in the Township of Kendall in the Town of Hearst, designated as Part 5 on reference
plan 6R-1205, and shown on Zoning Schedule A6 hereto, shall comply with all provisions of this By-law
and the Highway Commercial (C3) Zone in which said land is located, except as expressly varied in this
subsection.
1. Permitted Uses
In addition to the uses permitted pursuant to the Highway Commercial (C3) Zone of this By-law, said
aforementioned land may also be used as a multiple residential building containing a maximum of four (4)
dwelling units.
C3-S7
1420 Front Street (Schedule A10)
The use of the lands identified as PIN 65036-0017 (LT) and described as the westernmost part of Parcel
12644 Section Centre Cochrane, being the west 21.33 metres more or less of that part of the former
Ontario Northland Railway lands in Kendall Township in the Town of Hearst, now designated as Part 1 on
reference plan 6R-8407 shall comply with all provisions of this By-law and the Highway Commercial (C3)
Zone in which said lands are located, except as expressly varied in this subsection.
1. Lot Frontage Requirements
Notwithstanding the provisions of this Zone to this By-law, consent may be granted to a lot for the
existing building known as 1420 Front Street located on said land, having a minimum lot frontage of 21.33
metres.
C3-S8 (Town of Hearst By-Law No. 85-11)
1309 Front Street (Schedule A3 and A9)
The use of the lands identified as PIN 65039-0010 (LT) and described as Parcel 5641 Section Centre
Cochrane, being the northern 95 metres more or less of Lot 10 on Plan M-106 Cochrane in the Town of
TOWN OF HEARST
PAGE 100
ZONING BY-LAW NO. 76-19
Hearst, excepting Part 1 on reference plan 6R-7643 shall comply with all provisions of this By-law and the
Highway Commercial (C3) Zone in which said land is located, except as expressly varied in this subsection.
1. Permitted Uses
In addition to those uses set out in the Highway Commercial (C3) Zone of this By-law, the following land
uses shall also be permitted on said land in the rear portion of the building:
-
Manufacturing shop, including fabricating and the assembly of goods
-
Commercial garage
2. Uses Not Permitted
In addition to those uses set out in the Highway Commercial (C3) Zone of this By-law, the following land
uses shall also be permitted on said land in the rear portion of the building:
-
Open storage of goods, materials, parts, supplies and equipment.
-
Parking and storing of derelict motor vehicles
-
Salvage yard
C3-S9 (Town of Hearst By-Law No. 43-13)
1416 Front Street (Schedule A9 and A10)
The use of the lands identified firstly as PIN 65036-0073 (LT) and described as Parcel 12644 Section
Centre Cochrane, being part of the Ontario Northland Railway lands in Kendall Township in the Town of
Hearst, designated as Part 2 on registered plan 6R-8407 shall comply with all provisions of this By-law and
the Highway Commercial (C3) Zone in which said land is located, except as expressly varied in this
subsection.
1. Permitted Uses
-
Crematorium in addition to those permitted uses as set out in the Highway Commercial (C3) Zone
of this By-law.
2. Location of Crematorium
Notwithstanding the provisions of the Commercial (C) Zones and this Zone, the crematorium shall be
located in a single separate (detached) building constructed in the rear yard area of said land, to the
north of existing buildings located on said land.
3. Yard Requirements
Notwithstanding the provisions of the Commercial (C) Zones and this Zone, the minimum setbacks from
lot lines and other buildings located on said land shall be established as follows for the crematorium:
Provisions
Requirements
Minimum South Wall And Front Lot Line
157 m
Minimum South Wall And Adjacent
Building
18.3 m
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 101
Provisions
Requirements
Minimum Side Yard
12.2 m
Minimum North Wall And Rear Lot Line
18.3 m
4. Site Plan Control
The development of said land shall be subject to Site Plan Control.
Minimum Side Yard
12.2 m
Minimum North Wall And Rear Lot Line
18.3 m
B-L 64-20 C3-S10 (Town of Hearst By-Law No. 64-2020)
1444 Front Street (Schedule A10)
The use of the land identified as Parcel 12639 Section Centre Cochrane, being part 9 on reference plan
6R-6678, in the Town of Hearst, shall conform to all provisions of this By-law and the Highway
Commercial (C3) Zone in which said land is located, except as expressly varied in this subsection.
1. Permitted Uses
In addition to those uses set out in the Highway Commercial (C3) Zone of this By-law, the following land
use shall be permitted on said land:
-
Self-service storage units, erected on the north half of the property.
2. Location
Notwithstanding the provisions of the Highway Commercial (C3) Zone, the self-storage units shall be
located in the rear yard area of said land, on the northern half of the property.
3. Yard Requirements
Notwithstanding the provisions of the Highway Commercial (C3) Zone, the minimum setbacks from the
lot lines shall be as follows:
Provisions
Requirements
Side Yard Setback
2 m
Rear Yard Setback
2 m
4. Site Plan Control
The development of said land shall be subject to Site Plan Control.
TOWN OF HEARST
PAGE 102
ZONING BY-LAW NO. 76-19
SHOPPING CENTRE COMMERCIAL (C4) ZONE
5.5.1
Permitted Uses
-
Bar
-
Clinic
-
Commercial school
-
Dry cleaning establishment
-
Eating establishment
-
Financial establishment
-
Gasoline bar
-
Health club
-
Library
-
Micro-brewery
-
Office
-
Parking lot, whether or not in an enclosed building
-
Personal service shop
-
Place of entertainment
-
Print shop
-
Retail store
-
Service or repair shop
-
Take-out eating establishment
5.5.2
Regulations
Provisions
Permitted Uses
Requirement
Minimum Lot Frontage (m)
All permitted uses
90.0 m
Minimum Lot Depth (m)
All permitted uses
61.0 m
Maximum Lot Coverage (%)
All permitted uses
40%
Minimum Front Yard (m)
All permitted uses
22.0 m
Minimum Interior Side Yard (m)
All permitted uses
18.0 m
Minimum Exterior Side Yard (m)
All permitted uses
18.0 m
Minimum Rear Yard (m)
All permitted uses
18.0 m
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 103
Provisions
Permitted Uses
Requirement
Maximum Gross Floor Area as a
percent of lot area (%)
All permitted uses
5.0 m
5.5.3
Additional Provisions
1. Landscaping
All lands not occupied by a building or buildings shall be sodded and planted in accordance with a
landscape plan, save and except lands used for the purpose of parking motor vehicles and for the passage
of persons or vehicles, and said landscaped lands shall not be less than ten per cent (10%) of the total lot
area.
2. Access
a. Maximum width of driveway at the curb shall not be more than 10.5 metres.
b. Minimum distance between driveways shall not be less than 7.5 metres measured at the curb.
c. Not more than two (2) driveways shall be provided for each 30.0 metres of lot frontage.
3. Open Storage
No open storage shall be permitted in a Shopping Centre Commercial (C4) Zone, except in accordance
with the general provisions of the Commercial (C) Zone in this By-law.
4. Side Yards
Notwithstanding the provisions of this Zone, where a side yard lot line abuts a street, the setback from
the said lot line shall be a minimum of 21.5 metres.
5. Rear Yards
a. Notwithstanding the provisions of this Zone, where a rear yard abuts a Residential or Open Space
Zone, the setback from the said lot line shall be 10.5 metres.
b. Where a rear yard abuts a street, the setback from the said rear lot line shall be a minimum of
21.5 metres.
6. Parking and Loading
Parking and loading facilities shall be provided in accordance with the General Provisions of this By-law.
5.5.4
Special Exceptions
C4-S1
1501 Highway 11 West (Schedule A10)
The use of the land described as Parcel 12612 in the Register for Centre Cochrane, described as the
Surface Rights of part of Lot 1 in Concession Eleven in the Township of Way in the Town of Hearst,
designated as Part 1 on reference plan 6R-6636, as shown on Zoning Schedule A10 annexed hereto and
forming part of this By-law, shall comply with all provisions of this By-law and the Shopping Centre
Commercial (C4) Zone in which said land is located, except as expressly varied in this subsection.
TOWN OF HEARST
PAGE 104
ZONING BY-LAW NO. 76-19
1. Permitted Uses
-
Eating establishment
-
Take-out eating establishment
-
Parking lot
2. Regulations
No building, structure or land shall be used, and no building or structure shall be hereafter erected or
installed on said lands, except in accordance with the provisions of this Zone, and the General Provisions
of this By-law, the minimum lot and yard requirements shall be established as follows:
Provisions
Requirements
Minimum Lot Frontage
33.43 m
Minimum Lot Depth
49.84 m
Minimum Interior Side Yard
5.18 m
Minimum Exterior Side Yard
16.61 m
Minimum Rear Yard
11.58 m
3. Parking
Provisions
Requirements
Aisle Width For Two-Way Traffic
6.04 m
Parking Space Length
6.0 m
4. Access
Access to the said lands shall be restricted to the registered right of ways located on Parts 2, 3, 4 and 5 on
reference plan 6R-6558.
5. Sign
A sign may be erected at the northeast corner of said lands, having the following minimum setbacks:
Provisions
Requirements
From the Front Lot Line
3.65 m
From the Flankage Lot Line
4.06 m
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 105
6. Fences and Barricades
The erection of fences, barricades and/or other obstructions along the common lot boundaries with
abutting lands zoned as Shopping Centre Commercial (C4) Zones, excluding road allowances, shall not be
permitted except that curbs may be installed to direct traffic flow and storm water run-off.
7. Site Plan Control
The development of said land shall be subject to Site Plan Control.
C4-S2
1509 Highway 11 West (Schedule A10)
The use of the land described as the remainder of Parcel 8785 in the Register for Centre Cochrane, being
the Surface Rights of part of Lot 1 in Concession Eleven in the Township of Way in the Town of Hearst,
part of Part 1 on registered plan 6R-1895, save and except Parts 2 through 6 inclusive on reference plan
6R-6636, as shown on Zoning Schedule A annexed hereto and forming part of this By-law, shall comply
with all provisions of this By-law and the Shopping Centre Commercial (C4) Zone in which said land is
located, except as expressly varied in this subsection.
1. Permitted Uses
-
Eating establishment
-
Gasoline bar
-
Parking lot
-
Retail store
-
Take-out eating establishment
2. Regulations
No building, structure or land shall be used, and no building or structure shall be hereafter erected or
installed on said lands, except in accordance with the provisions of this Zone, the General Provisions and
the Commercial (C) Zones sections of this By-law, and the following provisions:
Provisions
Requirements
Minimum Lot Frontage
49.50 m
Minimum Average Lot Depth
34.15 m
Minimum Lot Depth
29.70 m
Minimum Front Yard
13.0 m
Minimum Rear Yard
3.65 m
3. Parking
Provisions
Requirements
Aisle Width for Two-Way Traffic
6.0 m
TOWN OF HEARST
PAGE 106
ZONING BY-LAW NO. 76-19
Provisions
Requirements
Parking Space Length
6.0 m
4. Access
Access to the said lands shall be restricted to the registered right of ways located on the remainder of
Parcel 8785 Centre Cochrane.
5. Sign
A sign may be erected along the north lot boundary of said lands, having the following minimum setback:
Provisions
Requirements
From the Front Lot Line
3.65 m
6. Fences and Barricades
The erection of fences, barricades, curbs and/or other obstructions along the common lot boundaries
with abutting lands, excluding road allowances, shall not be permitted.
7. Site Plan Control
The development of said land shall be subject to Site Plan Control.
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 107
MIXED COMMERCIAL/RESIDENTIAL (MCR) ZONE
5.6.1
Permitted Uses
Commercial Uses
-
Custom workshop, and associated retail store
-
Office
-
Parking lot
-
Personal service shop
-
Service or repair shop
-
Take-out eating establishment
Residential Uses
-
Boarding house or rooming House
-
Duplex dwelling
-
Quadruplex dwelling
-
Semi-detached dwelling
-
Single detached dwelling
-
Triplex dwelling
Institutional Uses
-
Commercial school
-
Place of worship
-
Public park
5.6.2
Regulations
1. Commercial Uses
Permitted commercial uses, as set out above, shall comply with the regulations set out in the Downtown
Commercial (C1) Zone of this By-law, in addition to the provisions of the Mixed Commercial/Residential
(MCR) Zone.
2. Residential Uses
Permitted Residential uses, as set out above, shall comply with the regulations set out in the Third Density
Residential (R3) Zone of this By-law, in addition to the provisions of the Mixed Commercial/Residential
(MCR) Zone.
3. Institutional Uses
TOWN OF HEARST
PAGE 108
ZONING BY-LAW NO. 76-19
Permitted Institutional uses, as set out above, shall comply with the regulations set out in the Institutional
(I) Zone of this By-law, in addition to the provisions of the Mixed Commercial/Residential (MCR) Zone.
5.6.3
Additional Provisions
1. Parking and Loading
Off-street parking shall be provided in accordance with the Parking Requirements, Loading Requirements,
and the Parking and Loading Area Requirements sections of this By-law, except that only one (1) off-
street parking space need be provided for each dwelling unit in a multiple dwelling, apartment building or
a building containing both commercial and residential uses. A loading zone need not be provided on the
same premises as a commercial use.
2. Corner Lots
As set out in the Downtown Commercial (C1) Zone section of this By-law,
3. Vehicle Storage
As set out in the Downtown Commercial (C1) Zone section of this By-law,
4. Open Storage
Outdoor or open storage of goods and materials shall not be permitted, except that seasonal goods may
be displayed in the open in a manner that is in keeping with the character of adjacent land uses.
5. Conversion of Commercial to Residential Use
The conversion of any commercial use to a residential use shall not require an amendment to this By-law.
Conversion of commercial uses to residential uses shall be in accordance with the provisions in the Third
Density Residential (R3) Zone section of this By-law.
6. Conversion of Residential to Commercial Use
The conversion of any residential use to a permitted commercial use shall not require an amendment to
this By-law, but shall be subject to Site Plan Control.
5.6.4
Special Exceptions
MCR-S1 (Town of Hearst By-Law No. 28-16)
921 George Street (Schedule A3)
The use of the land identified as PIN 65040-0127, and described as Parcel 672 in Section Centre
Cochrane, being Lot 156 on Plan M-48 Algoma in the Town of Hearst, shall comply with all provisions of
this By-law, including the Regulations set out for the Mixed Commercial/Residential (MCR) Zone in this
By-law, in which said land is located, except as expressly varied in this subsection.
1. Permitted Uses
-
Apartment building containing a maximum of fifteen (15) dwelling units
-
As set out in the Public Uses Permitted section of this By-law
-
The Permitted Uses under Commercial, Institutional and Recreations sections as set out in the
Mixed Commercial/Residential (MCR) Zone of this By-law
-
Three (3) single detached dwelling units
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 109
INDUSTRIAL ZONES
No person shall hereafter use or alter any lands nor erect, alter, enlarge or use any building or structure
in an Industrial Zone except in accordance with the provisions of this Section and of any other relevant
Sections of this By-law.
GENERAL PROVISIONS FOR INDUSTRIAL ZONES
The provisions of this section shall apply to the following Industrial Zones:
-
Light Industrial (M1) Zone
-
Secondary Industrial (M2) Zone
-
Principal Industrial (M3) Zone
-
Heavy Industrial (M4) Zone
6.1.1
Accessory Buildings
1. No accessory building or structure shall be constructed in the front or exterior side yard.
6.1.2
Fencing
1. No fence shall be erected upon any land in any Industrial Zone or any part thereof unless it is
constructed of ornamental wire, pre-finished metal, iron or wood planks or other suitable material of
solid and continuous construction, and no such fence shall be placed nearer to the street line along
the frontage of said land within 7.5 metres of said street line or within that distance from the main
front wall of the building or buildings erected on the said land and the street line, whichever is less.
6.1.3
Landscaping
1. Where a lot in an Industrial Zone fronts opposite to or abuts a Residential or Open Space Zone, a strip
of land not less than 3.0 metres in width inside and abutting the Industrial Zone boundary shall not be
used for any purpose other than landscaping, but this shall not prevent the provision of entrances to
and exits from the said lot through the required landscaping.
2. Screening
a. Where a lot in an Industrial Zone abuts a Residential or Open Space Zone, a solid and continuous
fence or screen in the form of landscaping to a height of not less than 2.0 metres shall be
provided adjacent to the lot lines that abut the said Residential or Open Space Zone.
b. On any lot in an Industrial Zone, a strip of land not less than 1.5 metres in width shall be reserved
for landscaping inside and abutting the front lot line. Where such lot line abuts a street and any
part of the front yard is used for parking, a strip of land not less than 1.5 metres in width shall be
reserved for landscaping adjacent to the front wall of the principal building.
TOWN OF HEARST
PAGE 110
ZONING BY-LAW NO. 76-19
6.1.4
Structured Materials
1. No building or structure permitted in an Industrial Zone shall be hereafter erected or altered, unless
the exterior construction thereof is of stone, brick, reinforced concrete, glass or steel, or a
combination of these materials, or any other suitable material.
6.1.5
Use of Front and Side Yard
1. No person shall use the front or exterior side yard of any lot in an Industrial Zone for any purpose
other than for landscaping or the temporary parking of visitors' private passenger vehicles, provided
that no parking shall be permitted in an area having a depth of 4.5 metres across the entire frontage
and flankage of the lot nearest the street line.
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 111
LIGHT INDUSTRIAL (M1) ZONE
6.2.1
Permitted Uses
-
Bakery
-
Financial establishment
-
Cannabis production facility
-
Commercial use incidental to a manufacturing use including a service or repair shop and premises
for the conducting of any wholesale business
-
Eating establishment
-
Industrial or manufacturing use which shall not be obnoxious by reason of the emission of noise,
odour, dust, gas, fumes, smoke, refuse or water carried waste and specifically excluding a fuel
storage depot
-
Micro-brewery
-
Monument works
-
Motor vehicle service station
-
Motor vehicle washing establishment
-
Office
-
Print shop
-
Commercial garage
-
Parking lot
-
Recreational use incidental to a permitted use
-
Retail convenience store
-
Service or repair shop
-
Self-service storage building
-
Single detached dwelling as an accessory use to a commercial garage for a person employed on
the premises and such person's household
-
Single detached dwelling for a caretaker or watchperson or other similar person employed on the
premises concerned and such person's household
-
Warehouse or distribution facility
-
Wayside pits and quarries; portable asphalt plants; and portable concrete plants
6.2.2
Regulations
Provisions
Permitted Uses
Requirement
Minimum Lot Area (m²)
All permitted uses
900.0 m²
TOWN OF HEARST
PAGE 112
ZONING BY-LAW NO. 76-19
Provisions
Permitted Uses
Requirement
Minimum Lot Depth (m)
All permitted uses
46.0 m
Maximum Lot Coverage (%)
All permitted uses
50%
Minimum Front Yard (m)
All permitted uses
7.5 m
Minimum Interior Side Yard (m)
All permitted uses
4.5 m
Minimum Exterior Side Yard (m)
All permitted uses
7.5 m
Minimum Rear Yard (m)
All permitted uses
7.5 m
Maximum Height (m)
All permitted uses
10.5 m
6.2.3
Additional Provisions
1. Front Yards
Notwithstanding the regulations set out above, where a front lot line abuts a Residential Zone or Open
Space Zone or is separated from a Residential or Open Space Zone by a street or lane only, the setback
from the said front lot line shall be a minimum of 15.0 metres.
2. Side Yards
a. Notwithstanding the regulations set out above, where a side lot line abuts a Residential or Open
Space Zone or is separated from a Residential or Open Space Zone by a street or lane only, the
setback from the said side lot line shall be a minimum of 30.0 metres.
b. Where a side lot line abuts a railway, a setback from the said side lot line shall not be required.
3. Rear Yards
a. Notwithstanding the regulations set out above, where a rear lot line abuts a Residential or Open
Space Zone or is separated from a Residential or Open Space Zone by a street or lane only, the
setback from said rear lot line shall be a minimum of 30.0 metres.
b. Where a rear lot line abuts a railway, a setback from the rear lot line shall not be required.
4. Open Storage Prohibited
In any Light Industrial (M1) Zone, there shall be no outside open storage of goods or materials.
6.2.4
Special Exceptions
M1-S1
1828 Highway 11 West (Schedule A)
The use of the land described as Parcel 717 in the Register for Centre Cochrane, being part of Lot 7 in the
Eleventh and Twelfth Concessions in the Township of Way in the Town of Hearst, shall comply with all of
the regulations of this By-law and the Light Industrial (M1) and Secondary Industrial (M2) Zones in which
said land is situated, except as expressly varied in this subsection.
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 113
1. Permitted Uses of Light Industrial (M1) Zone
-
Parking lot
-
Storage garage for heavy commercial motor vehicles and equipment
-
Single detached dwelling and accessory buildings for the owner/ operator
2. Regulations for Light Industrial (M1) Zone
No building, structure or land shall be used, and no building or structure shall be hereafter erected or
altered on said lands, except in accordance with the provisions of this Zone and the General Provisions of
this By-law, and the following provisions:
3. Yard Requirements
Notwithstanding the provisions of this Zone, the minimum setbacks from lot lines for buildings, structures
and parking areas on said land shall be established as follows:
Provisions
Requirements
Minimum Front Yard
30.0 m
Minimum East Interior Side Yard
30.0 m
Minimum West Interior Side
Yard
10.0 m
Minimum Rear Yard
15.0 m
4. Buffering
The site shall be obscured from visibility from abutting lands by maintaining and enhancing where
necessary, the natural tree cover within the front, east interior and rear yard areas, so as to provide a
continuous and dense natural buffer, having minimum depth of 5.0 metres.
5. Open Storage Prohibited
Open storage of derelict motor vehicles and parts and/or materials shall not be permitted in any yard
area.
6. Site Plan Control
The development of said land shall be subject to Site Plan Control.
7. Permitted Uses of Secondary Industrial (M2) Zone
-
Motor vehicle salvage yard
-
Service or repair shop
-
Single detached dwelling and accessory buildings for the owner/ operator
TOWN OF HEARST
PAGE 114
ZONING BY-LAW NO. 76-19
8. Regulations for Secondary Industrial (M2) Zone
No building, structure or land shall be used, and no building or structure shall be hereafter erected or
altered on said lands, except in accordance with the General Provisions and the provisions of the
Secondary Industrial (M2) Zone sections of this By-law, and the following provisions:
9. Yard Requirements
Notwithstanding the provisions of this Zone, the minimum setbacks from lot lines for buildings, structures
and open storage areas on said land shall be established as follows:
Provisions
Requirements
Minimum Front Yard
25.0 m
Minimum East Interior Side Yard
10.0 m
Minimum West Interior Side
Yard
30.0 m
Minimum Rear Yard
15.0 m
10. Open Storage/Parking Areas
Notwithstanding the General Provisions of this By-law, the minimum setback from the front lot line for
the parking of restored motor vehicles and motor vehicles in good condition shall be 5.0 metres. No
vehicles in a deteriorated or derelict condition shall be parked in any open area that is visible from
Highway No. 11.
11. Fencing
A fence having height of 1.8 metres shall be erected in front of all areas required for the open storage of
derelict motor vehicles and parts, in accordance with the provisions of the Site Plan Control agreement.
Said fence shall obscure such open storage areas from view by highway traffic.
12. Open Storage
Open storage of derelict motor vehicles and parts shall only be permitted within interior side yard and
rear yard areas as designated by the Site Plan Control agreement.
13. Site Plan Control
The development of said land shall be subject to Site Plan Control.
M1-S2 (Town of Hearst By-Law No. 02-06 and By-Law No. 38-08)
30 Cloutier Road South (Schedule A1)
The use of the land described as PIN 65031-1183 (LT) and described as Parcel 12796 in Section Centre
Cochrane, being part of Lot 7 in Concession Eleven in the Township of Way in the Town of Hearst,
designated as Part 1 on reference plan 6R-4894 shall comply with all provisions of this By-law and the
Light Industrial (M1) Zone in which said lands are located, except as expressly varied in this subsection.
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 115
1. Permitted Uses
-
Accessory dwelling unit within the second storey of the principal building
-
Enclosed storage facility
-
Warehouse or distribution facility
2. Uses Not Permitted
-
Public garage
-
Retail or wholesale of goods, materials, equipment and parts
-
Transport terminal
3. Fencing
A solid pressure-treated wood fence or pre-finished metal fence having height of 2.13 metres shall be
erected and maintained parallel to the front lot line of said land at a setback distance of 7.5 metres from
the front lot line, and shall be continuous between the south wall of the principal building and the south
property boundary of said land.
4. Site Plan Control
The development and redevelopment of said part of Lot 7 in Concession Eleven in the Township of Way
shall be subject to Site Plan Control.
M1-S3
295 Highway No. 583 South (Schedule A)
The use of the land described as part of Parcel 13247 in the register for Centre Cochrane, being that part
of Lot 29, Concession Nine in Township of Kendall in the Town of Hearst, designated as Part 1 on
reference plan 6R-2758, shall comply with all regulations of this By-law and the Light Industrial (M1) Zone
in which said land is located, except as expressly varied in this subsection.
1. Permitted Uses
-
Parking lot
-
Repair garage for heavy commercial motor vehicles and equipment
2. Building Requirements
Only one (1) building shall be permitted on said land, having maximum width of 12.19 metres, maximum
length of 18.19 metres, and maximum building area of 222.96 square metres.
3. Yard Requirements
Notwithstanding the provisions of this Zone and the provisions of the Industrial (M) Zones of this By-law,
the minimum setbacks from lot lines shall be established as:
Provisions
Requirements
Minimum Front Yard
24.0 m
Minimum South Interior Side
Yard
9.14 m
TOWN OF HEARST
PAGE 116
ZONING BY-LAW NO. 76-19
Provisions
Requirements
Minimum North Interior Side
Yard
7.5 m
Minimum Rear Yard
12.1 m
4. Buffering
The site shall be obscured from visibility from Highway No. 583 South by maintaining and enhancing, if
necessary, the natural tree cover within the front and side yards. The minimum depth of the buffer area
along the front lot line, excluding the entrance area shall be 12 metres.
5. Open Storage Prohibited
The storage of materials, parts, supplies and/or derelict motor vehicles shall not be permitted on said
land at any time.
6. Site Plan Control
The development of said land shall be subject to Site Plan Control.
M1-S4
172 Highway No. 583 North (Schedule A)
The use of the land described as Parcel 11548 in the Register for Centre Cochrane, being part of Lot 25 in
Concession Twelve in the Township of Kendall in the Town of Hearst, designated as Part 1 on reference
plan 6R-4504 shall comply with all of the provisions of this By-law and the Light Industrial (M1) Zone in
which said land is situated, except as expressly varied in this subsection.
1. Permitted Uses
-
Repair and storage garage for the owner/operator's commercial motor vehicle and trailer
Residential
-
Single detached dwelling and accessory buildings and structures for the owner/operator
2. Required Setbacks
The minimum setbacks from lot lines for buildings and structures related to the industrial use are:
Lot
Minimum lot depth
Minimum North Side Yard
2.44 m
Minimum South Side Yard
46.0 m
Minimum Rear Side Yard
2.44 m
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 117
3. Prohibited Uses
The following uses shall be prohibited on said aforementioned land:
-
Parking and storage of additional commercial motor vehicles and trailers and/or commercial
motor vehicles not owned and/or operated by person(s) holding title to the subject land;
-
Parking of the commercial motor vehicle and/or trailer in any exterior yard area other than the
rear yard area behind the dwelling unit; and
-
Transport terminal.
4. Site Plan Control
The development of said land shall be subject to Site Plan Control.
M1-S5
309 Highway No. 583 South (Schedule A)
The use of the land described as Parcel 11922 in the Register for Centre Cochrane, being that part of Lot
29 in Concession Eight in the Township of Kendall in the Town of Hearst, designated as Part 1 on plan 6R-
4921, shall comply with all of the provisions of this By-law and the Light Industrial (M1) Zone in which said
land is situated, except as expressly varied in this subsection.
1. Permitted Uses
-
Repair and storage garage for the owner/operator's commercial motor vehicles and trailers
-
Single detached dwelling unit and accessory buildings and structures for the owner/operator
2. Yard Areas
The minimum setbacks from lot lines for buildings and structures related to the industrial use shall be:
Provisions
Requirements
Minimum Front Yard
15.0 m
Minimum Interior Side Yard and
Rear Yard
6.4 m
3. Site Plan Control
The development of said lands shall be subject to Site Plan Control.
M1-S6
90 Cloutier Road South (Schedule A1)
The use of the land described as Parcel 13004 in the Register for Centre Cochrane, being the Surface
Rights of the south half of the north part of Lot 7 in Concession Ten in the Township of Way in the Town
of Hearst, designated as Part 1 on reference plan 6R-7167, shall comply with all of the provisions of this
By-law and the Light Industrial (M1) Zone in which said land is situated, except as expressly varied in this
subsection.
TOWN OF HEARST
PAGE 118
ZONING BY-LAW NO. 76-19
1. Permitted Uses
-
Repair and storage garage for one (1) commercial motor vehicle and trailer of the
owner/operator
-
Self-service storage buildings
-
Transport terminal
-
Single detached dwelling unit and accessory buildings and structures for the owner/operator
2. Site Plan Control
The development of said lands shall be subject to Site Plan Control.
M1-S7
1884 Highway No. 11 West (Schedule A)
The use of the lands described as Parcel 9981 in the Register for Centre Cochrane, being part of Lot 10 in
Concession Twelve in the Township of Way in the Town of Hearst, designated as Part 1 on reference plan
6R-4884, shall comply with all of the provisions of this By-law and the Light Industrial (M1) Zone in which
said lands are situated, except as expressly varied in this subsection.
1. Permitted Uses
-
Exterior parking area for one (1) other commercial motor vehicle and trailer
-
Repair and storage garage for the owner/operator's commercial motor vehicle and trailer
-
Single detached dwelling unit and accessory buildings and structures thereto for the
owner/operator
2. Yard Areas
The minimum setbacks from lot lines for buildings and structures related to the industrial use shall
comply with the provisions set out in Section 7.2 and this Zone, except that no industrial building shall be
located within 60 metres of a dwelling unit constructed or installed on abutting lands.
3. Site Plan Control
Development and use of said lands shall be subject to Site Plan Control.
M1-S8
289 Highway No. 583 South (Schedule A)
The use of the land described as that part of Parcel 13297 in the Register for Centre Cochrane, being part
of Lot 29 in Concession Nine in the Township of Kendall in the Town of Hearst, designated as Part 1 on
reference plan 6R-7599 and more particularly described as that part of said Parcel located within the
boundaries formed by drawing a line commencing at that point on the common boundary between Lot
29 in Concession Nine in the Township of Kendall in the Town of Hearst and the secondary highway road
allowance known as Highway 583 South located at a distance of 30 metres north of the southernmost lot
line of Part 1 on reference plan 6R-2758, thence continuing in a northward direction along said common
boundary for a distance of 100 metres more or less, thence in a eastward direction perpendicular to said
common boundary for a distance of 100 metres more or less, thence in a southward direction and
parallel to said common boundary for a distance of 100 metres more or less, thence in a westward
direction perpendicular to said common boundary for a distance of 100 metres more or less back to the
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 119
point of commencement, shall comply with all of the provisions of this By-law and the Light Industrial
(M1) Zone in which said land is located, except as expressly varied in this subsection.
1. Permitted uses
-
Repair and storage garage for the owner/operator's commercial motor
-
Vehicles and trailers
-
Single detached dwelling unit and accessory buildings and structures for
the owner/operator
2. Site Plan Control
The development of said land shall be subject to Site Plan Control.
M1-S9
342 Highway 583 South (Schedule A)
The use of the land described as part of Parcel 10025 in the Register for Centre Cochrane, being that part
of the south half of Lot 1 in Concession 8 in the Township of Way in the Town of Hearst, circumscribed by
drawing a line commencing at a point on the east lot boundary of said land at a distance of 125 metres
north from the southeast corner of said land, in a direction due west for a distance of 180 metres; thence
in a direction northwards and parallel to the east lot boundary of said land, for a distance of 180 metres;
thence due east for a distance of 180 metres to the east lot boundary of said land; thence southwards for
a distance of 180 metres along the common boundary formed by the east lot line of said land and the
westernmost boundary of the Highway 583 South road allowance, to the point of commencement, shall
comply with all of the provisions of this By-law and the Light Industrial (M1) Zone in which said land is
located, except as expressly varied in this subsection.
1. Permitted Uses
-
Parking lot for the owner/operator's equipment and commercial motor vehicles
-
Repair and storage garage for the owner/operator's equipment and commercial motor vehicles
-
Single detached dwelling unit and accessory buildings and structures for the owner/operator
2. Outside Storage Prohibited
The open storage of derelict motor vehicles, derelict equipment, materials and parts in any outside yard
area shall be strictly prohibited.
3. Site Plan Control
The development of said land shall be subject to Site Plan Control.
M1-S10 (Town of Hearst By-Law No.42-08)
126 Cloutier Road South (Schedule A)
The use of that land identified as PIN 65031-0098 (LT) and described as Parcel 11985 Section Centre
Cochrane, being Lot 7 in Concession Nine in the Township of Way in the Town of Hearst, shall comply
with all provisions of this By-law and the Light Industrial (M1) Zone in which said land is located, except as
expressly varied in this subsection.
TOWN OF HEARST
PAGE 120
ZONING BY-LAW NO. 76-19
1. Permitted Uses
-
Dwelling unit for the owner/operator of the industrial business located on said lands
-
Self-service storage buildings
2. Uses Not Permitted
-
Premises for conducting any wholesale or retail business
-
Parking lot
-
Commercial garage
-
Service or repair shop
-
Transport terminal
3. Site Plan Control
The development of the aforementioned land shall be subject to Site Plan Control.
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 121
SECONDARY INDUSTRIAL (M2) ZONE
6.3.1
Permitted Uses
-
Building supply outlet
-
Cannabis production facility
-
Commercial garage
-
Eating establishment
-
Industrial use having a potential for the infrequent release of emissions such as noise and may
generate intermittent volumes of truck traffic
-
Material recovery facility
-
Monument works
-
Motor vehicle body repair shop
-
Motor vehicle service station
-
Motor vehicle washing establishment
-
Office accessory to an industrial use
-
Open storage
-
Print shop
-
Parking lot
-
Recreational use incidental to a permitted use
-
Retail convenience store
-
Salvage yard
-
Self-service storage building
-
Service or repair shop
-
Single detached dwelling accessory to an industrial use
-
Transport terminal
-
Warehouse or distribution facility
-
Wayside pits and quarries; portable asphalt plants; and portable concrete plants
-
Waste processing facility
-
Uses incidental to a manufacturing use including a service or repair shop
6.3.2
Regulations
Provisions
Permitted Uses
Requirement
Minimum Lot Area (m²)
All permitted uses
1,850.0 m²
TOWN OF HEARST
PAGE 122
ZONING BY-LAW NO. 76-19
Provisions
Permitted Uses
Requirement
Minimum Lot Depth (m)
All permitted uses
46.0 m
Maximum Lot Coverage (%)
All permitted uses
50%
Minimum Front Yard (m)
All permitted uses
7.5 m
Minimum Interior Side Yard (m)
All permitted uses
4.5 m
Minimum Exterior Side Yard (m)
All permitted uses
7.5 m
Minimum Rear Yard (m)
All permitted uses
15.0 m
Maximum Height (m)
All permitted uses
10.5 m
6.3.3
Additional Provisions
1. Front Yards
Notwithstanding the regulations set out above, where a front lot line abuts a Residential Zone or Open
Space Zone or is separated from a Residential or Open Space Zone by a street or lane only, the setback
from the said front lot line shall be a minimum of 15.0 metres.
2. Side Yards
a. Notwithstanding the regulations set out above, where a side lot line abuts a Residential or Open
Space Zone or is separated from a Residential or Open Space Zone by a street or lane only, the
setback from the said side lot line shall be a minimum of 30.0 metres.
b. Where a side lot line abuts a railway, a setback from the side lot line shall not be required.
3. Rear Yards
a. Notwithstanding the regulations set out above, where a rear lot line abuts a Residential or Open
Space Zone or is separated from a Residential or Open Space Zone by street or lane only, the
setback from said rear lot line shall be a minimum of 30.0 metres.
b. Where a rear lot line abuts a railway, a setback from the rear lot line shall not be required.
4. Setbacks for Permitted Exterior Activities
Where any part of a permitted use is carried on outside a building, that part of the operation shall not be
conducted in any front yard nor in any portion of a side or rear yard within 15.0 metres of an abutting
Residential or Open Space Zone.
5. Open Storage Screening
Open storage uses as provided for under the Permitted Uses and Regulations of this Zone, shall be
suitably screened from the surrounding area by a satisfactory fence, planting or other barrier. For the
purposes of this subsection, one or more of the following types of screening shall be deemed to be
satisfactory:
a. A stone or masonry wall;
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 123
b. A solid and continuous board or metal fence, at least 2.0 metres in height but not exceeding the
height of the first storey of the principal building on the property, the outside of which fence shall
be planted with evergreen trees within a distance of 4.5 metres from the fence and such trees
shall not be less than 1.5 metres in height and shall be spaced so as to completely obscure the
fence, and such trees shall be maintained in a healthy condition and diseased or dead trees shall
be replaced within twelve (12) months;
c. A building.
6.3.4
Special Exceptions
M2-S1
Unassigned Jolin Street (Schedule A8)
The dimensions of the lands described as Parcels 11749 and 11182 Centre Cochrane, being parts of Lot
26 in Concession Eleven in the Township of Kendall in the Town of Hearst, designated as Parts 2 and 1 on
reference plan 6R-3883 respectively, shall comply with all the regulations of this By-law and the
Secondary Industrial (M2) Zone in which they are located, except as expressly varied in this subsection.
1. Lot Depths
Lot
Requirements
Part 1 on registered plan 6R-3883
44.04 m
Part 2 on registered plan 6R-3883
43.70 m
M2-S2
1828 Highway No. 11 West (Schedule A)
The use of the land described as Parcel 717 in the Register for Centre Cochrane, being part of Lot 7 in the
Eleventh and Twelfth Concessions in the Township of Way in the Town of Hearst, shall comply with all of
the regulations of this By-law and the Light Industrial (M1) and Secondary Industrial (M2) Zones in which
said land is situated, except as expressly varied in this subsection.
1. Permitted Uses of Light Industrial (M1) Zone
-
Parking lot
-
Single detached dwelling and accessory buildings for the owner/ operator
-
Storage garage for heavy commercial motor vehicles and equipment
2. Regulations for Light Industrial (M1) Zone
No building, structure or land shall be used, and no building or structure shall be hereafter erected or
altered on said lands, except in accordance with the General Provisions and the Light Industrial (M1) Zone
provisions of this By-law and the following provisions:
3. Yard Requirements
Notwithstanding the provisions of this Zone, the minimum setbacks from lot lines for buildings, structures
and parking areas on said land shall be established as follows:
TOWN OF HEARST
PAGE 124
ZONING BY-LAW NO. 76-19
Lot
Minimum lot depth
Minimum Front Yard
30.0 m
Minimum East Interior Side Yard
30.0 m
Minimum West Interior Side
Yard
10.0 m
Minimum Rear Yard
6.0 m
4. Buffering
The site shall be obscured from visibility from abutting lands by maintaining and enhancing where
necessary, the natural tree cover within the front, east interior and rear yard areas, so as to provide a
continuous and dense natural buffer, having minimum depth of 5.0 metres.
5. Open Storage
Open storage of derelict motor vehicles and parts and/or materials shall not be permitted in any yard
area.
6. Site Plan Control
The development of said land shall be subject to the Site Plan Control.
7. Permitted Uses of Secondary Industrial (M2) Zone
-
Motor vehicle salvage yard
-
Service or repair shop
-
Single detached dwelling and accessory buildings for the owner/ operator
8. Regulations for Secondary Industrial (M2) Zone
No building, structure or land shall be used, and no building or structure shall be hereafter erected or
altered on said lands, except in accordance with the General Provisions and the Secondary Industrial (M2)
Zone provisions of this By-law , and the following provisions:
9. Yard Requirements
Notwithstanding the provisions of this Zone, the minimum setbacks from lot lines for buildings, structures
and open storage areas on said land shall be established as follows:
Provisions
Requirements
Minimum Front Yard
25.0 m
Minimum East Interior Side Yard
10.0 m
Minimum West Interior Side
Yard
30.0 m
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 125
Provisions
Requirements
Minimum Rear Yard
6.0 m
10. Open Storage/Parking Areas
Notwithstanding the provisions of Section 4, the minimum setback from the front lot line for the parking
of restored motor vehicles and motor vehicles in good condition shall be 5.0 metres. No vehicles in a
deteriorated or derelict condition shall be parked in any open area that is visible from Highway No. 11.
11. Fencing
A fence having height of 1.8 metres shall be erected in front of all areas required for the open storage of
derelict motor vehicles and parts, in accordance with the provisions of the Site Plan Control agreement.
Said fence shall obscure such open storage areas from view by highway traffic.
12. Open Storage
Open storage of derelict motor vehicles and parts shall only be permitted within interior side yard and
rear yard areas as designated by the Site Plan Control agreement.
13. Site Plan Control
The development of said land shall be subject to Site Plan Control.
M2-S3
26 & 28 Girard Road (Schedule A11)
The use of the lands described as Parcels 2178 and 10851 in the Register for Centre Cochrane, being part
of Lot 1 in Concession Nine in the Township of Way in the Town of Hearst, shall comply with all
regulations of this By-law and the Secondary Industrial (M2) Zone in which said lands are located, except
as expressly varied in this subsection.
1. Permitted Uses
-
Industrial uses in accordance with this Zone
-
Single detached dwelling
2. Yard Requirements
Notwithstanding the provisions of this Zone and the Industrial (M) Zones, the minimum front yard setback
from the north lot boundary shall be established at 3.96 metres.
3. Site Plan Control
The development of said land shall be subject to Site Plan Control.
M2-S4
58 Cloutier Road South (Schedule A1)
The use of the land described as Parcel 10552 in the Register for Centre Cochrane, being part of Lot 7 in
Concession Eleven in Way Township, more particularly described as Part 4 on reference plan 6R-3424,
excepting Parts 1 to 5 inclusive on reference plan 6R-6773, as shown on Zoning Schedule A annexed
hereto and forming part of this By-law, shall comply with all the provisions of this By-law and the
TOWN OF HEARST
PAGE 126
ZONING BY-LAW NO. 76-19
Secondary Industrial (M2) Zone in which said land is situated, except as expressly varied in this
subsection.
1. Permitted Uses
-
Parking lot for the owner/operator's equipment and commercial motor vehicles
-
Repair garage including storage area for the owner/operator's equipment and commercial motor
vehicles
-
Repair shop
-
Single detached dwelling and accessory buildings and structures for the owner/operator
-
Transport terminal
2. Uses Not Permitted
-
Sale of motor vehicle parts, and
-
Storage of derelict motor vehicles
3. Regulations
No building, structure or land shall be used, and no building or structure shall be hereafter erected or
installed on said lands, except in accordance with the General Provisions and the provisions of Industrial
(M) Zones, and the following provisions:
4. Yard Requirements
Notwithstanding the provisions of this Zone and the Industrial (M) Zones, the minimum setbacks from lot
lines shall be established as follows for the permitted industrial use:
Provisions
Requirements
Minimum Front Yard
100 m
Minimum South Side Yard
60 m
Minimum North Side Yard
30 m
Minimum Rear Yard
60 m
5. Buffering
The site shall be obscured from visibility from Cloutier Road South by maintaining and enhancing, if
necessary, the natural tree cover within the front and side yards, and if deemed necessary, by the
erection of a solid pressure-treated wood fence having height of 2.13 metres along the front (east) lot
line at a setback of 7.5 metres from said lot line. Such fence shall be erected parallel to said lot line for a
minimum distance of 30 metres north and a minimum distance of 30 metres south from the driveway
leading to industrial building(s) and parking areas.
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 127
6. Open Storage
Open storage of goods and materials will be permitted provided that such storage is located in rear yard
areas and adequate buffering is provided to obscure the storage site from visibility of neighbouring
properties and Cloutier Road South.
7. Site Plan Control
The development of said land shall be subject to Site Plan Control.
M2-S5
1568 Highway No. 11 West (Schedule A10)
Notwithstanding the provisions of this Zone, the minimum requirements for the erection of buildings
and/or structures on Parcel 12640 in the Register for Centre Cochrane, being part of the former Canadian
National Railway lands in the Township of Way, in the Town of Hearst, designated as Part 5 on reference
plan 6R-6678 shall be as follows:
Provisions
Requirements
Minimum East Interior Side Yard
3.0 m
Minimum North Rear Yard
M2-S6
1825 Highway No. 11 West (Schedule A1)
The use of the land described as the remainder of Parcel 3017 in the Register for Centre Cochrane, being
the Surface Rights of that part of Lot 7 in Concession Eleven in the Township of Way in the Town of
Hearst, shall comply with all of the provisions of this By-law and the Secondary Industrial (M2) Zone in
which said land is situated, except as expressly varied in this subsection.
1. Permitted Uses
-
Repair and storage garage for the owner/operator's commercial motor vehicles and trailers
-
Single detached dwelling unit and accessory buildings and structures for the owner/operator
-
Transport terminal
2. Yard Areas
The minimum setbacks from lot lines for buildings and structures related to the industrial use shall be:
Provisions
Requirements
Minimum Front Yard
46.0 m
Minimum Side Yard from
Abutting Rural Residential
Properties
60.0 m
TOWN OF HEARST
PAGE 128
ZONING BY-LAW NO. 76-19
3. Site Plan Control
The development of said lands shall be subject to Site Plan Control.
M2-S7
212 Highway No. 11 East (Schedule A6)
The use of the lands described as Parcel 13029 in the Register for Centre Cochrane, being part of the
north part of Lot 21 in Concession Ten in the Township of Kendall in the Town of Hearst, designated as
Part 4 on reference plan CR-1205, Part 2 on plan 6R-3312 and Parts 1 and 2 on plan 6R-7207, shall comply
with all the provisions of this By-law and the Secondary Industrial (M2) Zone in which said lands are
situated, except as expressly varied in this subsection
1. Permitted Uses
-
In accordance with the Permitted Uses in this Zone
-
Single detached dwelling
2. Storage of Equipment and Materials
Open storage of equipment and materials shall only be carried out in rear and side yard areas that are
suitably screened in accordance with the provisions of this Zone
3. Site Plan Control
The development of said lands shall be subject to Site Plan Control.
M2-S8 (Town of Hearst By-law No. 60-07)
Lots 8 & 9 on 6M-487 (Schedule A8)
The use of the land described as part of PIN 65037-0188 (LT) and described as Lots 8 and 9 on Plan 6M-
487 in the Town of Hearst, as shown below, shall comply with all provisions of this By-law and the
Secondary Industrial (M2) Zone in which said lands are located, except as expressly varied in this
subsection.
1. Permitted Uses
-
Parking and storage area for commercial motor vehicles, haul trailers, equipment and materials
2. Fencing and Screening
Except for one (1) vehicle entrance onto said lands, a solid and continuous pressure treated wood fence
or pre-finished metal fence having minimum height of 2.0 metres shall be erected and maintained on and
along the entire perimeter of Lots 8 and 9. Such fence shall be set back at a distance of 4.5 metres from
the eastern lot lines of said lands in common with the western limits of the Mailloux Street road
allowance, which area shall be landscaped by sodding or seeding and by planting trees and shrubs in a
manner in keeping with the appearance of adjacent developed residential lands pursuant to the
provisions of this Zone.
3. Uses Not Permitted
Except as provided in this subsection, no buildings and/or structures shall be erected on said lands. At no
time shall said lands be used for conducting or carrying out the repair and/or manufacture of any goods,
materials, commercial motor vehicles, haul trailers and/or equipment.
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 129
4. Site Plan Control
The development of Lots 8 and 9 on Plan 6M-487 shall be subject to Site Plan Control.
M2-S9 (Town of Hearst By-law No. 47-12)
6 Vandette Road (Schedule A1)
The use of the lands identified firstly as PIN 65031-0448 (LT) and described as the Surface Rights to Parcel
12924 Section Centre Cochrane, being part of Lot 4 on Plan M-390 Cochrane in the Township of Way in
the Town of Hearst, designated as Part 1 on registered plan 6R-4449 and Part 1 on registered plan 6R-
7036, reserving certain surface easements as set out in A16214, and being part of Lot 6 in Concession 11
in the Township of Way in the Town of Hearst, designated as Part 4 on registered plan 6R-3043; and
secondly as PIN 65031-0918 (LT) and described as the Surface Rights to Parcel 13253 Section Centre
Cochrane, being part of Lot 4 on Plan M-390 Cochrane in the Township of Way in the Town of Hearst,
designated as Part 1 on registered plan 6R-7516, reserving certain surface easements as set out in
A16214 shall comply with all provisions of this By-law and the Secondary Industrial (M2) Zone in which
said land is located, except as expressly varied in this subsection.
1. Yard Requirements
Notwithstanding the provisions of the Industrial (M) Zones and this Zone, the interior side yard setback of
a building from the south lot line of said land shall be a minimum of 3.0 metres.
M2-S10 (Town of Hearst By-law No. 46-15)
300 George Street (Schedule A4 and A5)
The use of the land identified as PIN 65040-0438 (LT), and described as Parcel 5866 in Section Centre
Cochrane, being the Surface Rights of Lot 210 on Plan M-48 Algoma in the Town of Hearst, shall comply
with all provisions of this By-law and the Secondary Industrial (M2) Zone in which said land is located,
except as expressly varied in this subsection.
1. Yard Requirements
Notwithstanding the General Provisions of the Industrial (M) Zones and this Zone, two (2) self-service
storage buildings may be constructed in accordance with the following setbacks:
Provisions
Requirements
Front Yard (George Street)
3.05 m
Exterior Side Yard (Third Street)
Rear Yard (Lot 81 On M-48A)
TOWN OF HEARST
PAGE 130
ZONING BY-LAW NO. 76-19
PRINCIPAL INDUSTRIAL (M3) ZONE
6.4.1
Permitted Uses
-
Building supply outlet
-
Cannabis production facility
-
Eating establishment
-
Industrial use
-
Motor vehicle body repair shop
-
Material recovery facility
-
Office incidental to a manufacturing or industrial use
-
Open storage
-
Salvage yard
-
Self-service storage building
-
Transport terminal
-
Warehouse or distribution facility
-
Waste processing facility
-
Uses accessory to a manufacturing use including a service or repair shop
6.4.2
Regulations
Provisions
Permitted Uses
Requirement
Maximum Lot Coverage (%)
All permitted uses
40%
Minimum Front Yard (m)
All permitted uses
7.5 m
Minimum Interior Side Yard (m)
All permitted uses
7.5 m
Minimum Exterior Side Yard (m)
All permitted uses
7.5 m
Minimum Rear Yard (m)
All permitted uses
10.0 m
Maximum Height (m)
All permitted uses
15.0 m
6.4.3
Additional Provisions
1. Front Yards
a. Notwithstanding the regulations set out above, where a front lot line abuts any of the following
zones, or is separated from any such zone by a street or lane only, the setback from the said front
lot line shall be a minimum of 300.0 metres:
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 131
i. Any Residential zone;
ii. Any Open Space zone;
iii. The Neighbourhood Commercial (C2) Zone;
iv. The Institutional (I) Zone
2. Side Yards
a. Notwithstanding the regulations set out above, where a side lot line abuts any of the following
zones, or is separated from any such zone by a street or lane only, the setback from the said side
lot line shall be a minimum of 300.0 metres:
i. Any Residential zone;
ii. Any Open Space zone;
iii. The Neighbourhood Commercial (C2) Zone
iv. The Institutional (I) Zone
b. Where a side lot line abuts a railway, a setback from the side lot line shall not be required.
3. Rear Yards
a. Notwithstanding the regulations set out above, where a rear lot line abuts any of the following
zones, or is separated from any such zone by a street or lane only, the setback from the said rear
lot line shall be a minimum of 300.0 metres:
i. Any Residential zone;
ii. Any Open Space zone;
iii. The Neighbourhood Commercial (C2) Zone
iv. The Institutional (I) Zone
b. Where a rear lot line abuts a railway, a setback from the rear lot line shall not be required.
4. Setbacks for Permitted Exterior Activities
Where any part of a permitted use is carried on outside a building, that part of the operation shall not be
conducted in any front yard nor in any portion of a side or rear yard within 300.0 metres of an abutting
Residential Zone, Open Space Zone, Neighbourhood Commercial (C2) Zone, or Institutional (I) Zone.
5. Exceptions for Existing M3 Uses
a. Notwithstanding the provisions of this Zone, where a permitted industrial use existed on the day
of the passing of this By-law, existing buildings and structures may be expanded and new
buildings and structures may be erected, provided a minimum setback of 30.0 metres shall be
required from a front, side and/or rear lot line that abuts a Residential Zone, Open Space Zone,
Neighbourhood Commercial (C2) Zone, or Institutional (I) Zone or that is separated from such a
Zone by a street or lane only.
b. Notwithstanding the provisions of this Zone, where a permitted industrial use existed on the day
of the passing of this By-law, permitted uses may be carried on outside of such expanded or new
buildings and structures, provided a minimum setback of 15.0 metres is maintained from a front,
side and/or rear lot line abutting a Residential Zone, Open Space Zone, Neighbourhood
TOWN OF HEARST
PAGE 132
ZONING BY-LAW NO. 76-19
Commercial (C2) Zone, or Institutional (I) Zone or that is separated from such a Zone by a street
or lane only.
6.4.4
Special Exceptions
M3-S1 (Town of Hearst By-law No. 02-06)
44 Cloutier Road South (Schedule A1)
The use of the land described as the remainder of Parcel 12796 in the Register for Centre Cochrane, being
that part of Lot 7 in Concession Eleven in the Township of Way in the Town of Hearst, excepting Part 1 on
reference plan 6R-4894, as shown on Zoning Schedule A annexed hereto, shall comply with all provisions
of this By-law and the Principal Industrial (M3) Zone in which said land is located, except as expressly
varied in this subsection.
1. Permitted Uses
Permitted uses shall be limited to a derelict motor vehicle site, which shall mean a site for the open
storage of derelict motor vehicles and parts for short or temporary periods of time.
2. Regulations
No building, structure or land shall be used, and no building or structure shall be hereafter erected or
installed on said lands, except in accordance with the General Provisions and the provisions of the
Industrial (M) Zones, and the following provisions:
3. Yard Requirements
Notwithstanding the provisions of this Zone and Industrial (M) Zones the minimum setbacks from lot lines
shall be established as follows:
Provisions
Requirements
Minimum Front Yard
180 m
Minimum South Side Yard
180 m
Minimum North Side Yard
30 m
Minimum Rear Yard
180 m
4. Buffering
The site shall be obscured from visibility from Cloutier Road South by maintaining and enhancing, if
necessary, the natural tree cover within the front and side yards.
5. Access
Access to the derelict motor vehicle site shall be restricted to a single entrance on Cloutier Road South.
6. Site Plan Control
The development of said land shall be subject to Site Plan Control.
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 133
HEAVY INDUSTRIAL (M4) ZONE
6.5.1
Permitted Uses
-
Building supply outlet
-
Cannabis production facility
-
Industrial use
-
Material recovery facility
-
Office accessory to an industrial use
-
Open storage
-
Transport terminal
-
Warehouse or distribution facility
-
Waste processing facility
-
Wayside pits and quarries; portable asphalt plants; and portable concrete plants
6.5.2
Regulations
Provisions
Permitted Uses
Requirement
Maximum Lot Coverage (%)
All permitted uses
40%
Minimum Front Yard (m)
All permitted uses
7.5 m
Minimum Interior Side Yard (m)
All permitted uses
7.5 m
Minimum Exterior Side Yard (m)
All permitted uses
7.5 m
Minimum Rear Yard (m)
All permitted uses
10.0 m
Maximum Height (m)
All permitted uses
15.0 m
6.5.3
Additional Provisions
1. Front Yards
a. Notwithstanding the regulations set out above, where a front lot line abuts any of the following
zones, or is separated from any such zone by a street or lane only, the setback from the said front
lot line shall be a minimum of 500.0 metres:
i. Any Residential zone;
ii. Any Open Space zone;
iii. The Neighbourhood Commercial (C2) Zone; or
iv. The Institutional (I) Zone.
TOWN OF HEARST
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ZONING BY-LAW NO. 76-19
2. Side Yards
a. Notwithstanding the regulations set out above, where a side lot line abuts any of the following
zones, or is separated from any such zone by a street or lane only, the setback from the said side
lot line shall be a minimum of 500.0 metres:
i. Any Residential zone;
ii. Any Open Space zone;
iii. The Neighbourhood Commercial (C2) Zone; or
iv. The Institutional (I) Zone.
b. Where a side lot line abuts a railway, a setback from the side lot line shall not be required.
3. Rear Yards
a. Notwithstanding the regulations set out above, where a rear lot line abuts any of the following
zones, or is separated from any such zone by a street or lane only, the setback from the said rear
lot line shall be a minimum of 500.0 metres:
i. Any Residential zone;
ii. Any Open Space zone;
iii. The Neighbourhood Commercial (C2) Zone; or
iv. The Institutional (I) Zone.
b. Where a rear lot line abuts a railway, a setback from the rear lot line shall not be required.
4. Setbacks for Permitted Exterior Activities
Where any part of a permitted use is carried on outside a building, that part of the operation shall not be
conducted in any front yard nor in any portion of a side or rear yard within 500.0 metres of an abutting
Residential Zone, Open Space Zone, the Neighbourhood Commercial (C2) Zone, or Institutional (I) Zone.
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 135
EXTRACTIVE INDUSTRIAL (EM) ZONE
6.6.1
Permitted Uses
-
Mineral aggregate operation
-
Pit
-
Wayside pits and quarries; portable asphalt plants; and portable concrete plants
-
Quarry
6.6.2
Regulations
Provisions
Permitted Uses
Requirement
Minimum Front Yard Depth (m)
All permitted uses
45.0 m
Minimum Rear Yard Depth (m)
All permitted uses
30.0 m
Minimum Side Yard Depth (m)
All permitted uses
30.0 m
Maximum Height (m)
All permitted uses
11.0 m
Minimum Distance from Residential
use lot
All permitted uses
60.0 m
6.6.3
Additional Provisions
1. Separation Distances for Pits and Quarries
A pit or quarry shall not be established within:
a. 300 metres of a dwelling unit; or,
b. 50 metres of a street.
2. Required Setbacks for Excavations
To ensure public safety and prevent traffic hazards, the excavation of land for aggregate materials shall
not be permitted:
a. Within 15 m of a property boundary;
b. Within 30 m of any boundary abutting a public road or land used for residential purposes;
c. Within 15 m of a naturally occurring body of water; and
d. Within any distance from a property boundary which will be less than half of the height of the
face of the excavation.
TOWN OF HEARST
PAGE 136
ZONING BY-LAW NO. 76-19
INSTITUTIONAL ZONE
No person shall hereafter use or alter any lands nor erect, alter, enlarge or use any building or structure
in an Institutional Zone except in accordance with the provisions of this Section and of any other relevant
Sections of this By-law.
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 137
INSTITUTIONAL (I) ZONE
7.1.1
Permitted Uses
-
Cemetery
-
Clinic
-
Community centre
-
Dwelling unit accessory to a permitted institutional use
-
Government facility
-
Long-term care facilities
-
Institutional use
-
Library
-
Office accessory to a permitted institutional use
-
Place of worship
-
Private hospital
-
Public hospital
-
Public park
-
Retail store accessory to and related to a permitted institutional use
-
School
-
Supportive housing
-
University or college
7.1.2
Regulations
Provisions
Permitted Uses
Requirement
Minimum Lot Frontage (m)
All permitted uses
30 m
Minimum Lot Area (m2)
All permitted uses
1,400.30 m2
Maximum Lot Coverage (%)
All permitted uses
30%
Minimum Front Yard (m)
All permitted uses
10.5 m
Minimum Interior Side Yard (m)
All permitted uses
2.0 m
Minimum Exterior Side Yard (m)
All permitted uses
10.5 m
Minimum Rear Yard (m)
All permitted uses
15 m
Maximum Height (m)
All permitted uses
10.5 m
TOWN OF HEARST
PAGE 138
ZONING BY-LAW NO. 76-19
7.1.3
Special Exceptions
I-S1
1403 Edward Street (Schedule A2)
The use of the land described as Parcel 10498 in the Register for Centre Cochrane, being part of Block Z
on Plan M-30 Cochrane in the Town of Hearst, designated as Part 1 on reference plan 6R-2355, shall
comply with all of the provisions of this By-law and the Institutional (I) Zone in which said land is situated,
except as expressly varied in this subsection.
1. Permitted Uses
-
Clinic
-
Dwelling units that are an integral part of the institutional building
-
Eating establishment
-
Office
-
Personal service shop
-
Retail store accessory to a clinic
I-S2 (Town of Hearst By-law No. 69-07)
605 Front Street and 5 Sixth Street (Schedule A4)
The use of the lands identified as PIN 65040-0260 (LT) through PIN 65040-0263 (LT) inclusive and
described as Parcels 1720, 4537, 11773, 6090 and 11772 in Section Centre Cochrane, being the Surface
Rights of Lots 105 through 107 inclusive on Plan M-48 Algoma, the north half of Lot 104 on Plan M-48
Algoma designated as Part 1 on registered plan 6R-4711, that part of Lot 103 on Plan M-48 Algoma
designated as Parts 3, 6 and 8 on registered plan 6R-4711, the south half of Lot 104 on Plan M-48 Algoma
designated as Part 4 on registered plan 6R-4711, and that part of Lot 104 on Plan M-48 Algoma
designated as Parts 2, 5 and 7 on registered plan 6R-4711 in the Town of Hearst, shall comply with all
provisions of this By-law and the Institutional (I) Zone in which said lands are located, except as expressly
varied in this subsection.
2. Yard Requirements
Notwithstanding the provisions of this Zone, the following shall apply as minimum setbacks for buildings
erected on the aforementioned lands:
Lots 105 through 107 inclusive on Plan M-48 Algoma
Provisions
Requirements
Minimum Exterior Side Yard
(From Sixth Street)
6.0 m
Minimum Rear Yard (From
George Street)
7.25 m
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 139
Lots 104 and 103 on Plan M-48 Algoma
Provisions
Requirements
Minimum Exterior Side Yard
(George Street)
3.0 m
Minimum Rear Yard
3. Open Permitted
The open storage of boats, vehicles and equipment related to government services shall be permitted at
all times.
4. Site Plan Control
The development of the aforementioned parts of Lots 103 and 104 and Lots 105 through 107 inclusive on
Plan M-48 Algoma shall be subject to Site Plan Control.
I-S3 (Town of Hearst By-law No. 23-2022)
1008 Edward Street (Schedule A3)
The use of the lands identified as parcel 10443CC, being lots 388-391, 424-427, Part of Lots 387 and 428
of Plan M48A, including Part 2 of Plan 6R-3360, shall conform to all provisions of this By-law and the
Institutional (I) Zone in which said land is located, except as expressly varied in this subsection.
1. Lot coverage requirements
Notwithstanding the provisions of Subsection 7.1.2 of this By-law, the following shall apply as maximum
lot coverage for building erected on the aforementioned lands:
Lots 105 through 107 inclusive on Plan M-48 Algoma
Provisions
Requirements
Maximum Lot Coverage (%)
38%
TOWN OF HEARST
PAGE 140
ZONING BY-LAW NO. 76-19
OPEN SPACE ZONES
No person shall hereafter use or alter any lands nor erect, alter, enlarge or use any building or structure
in an Open Space Zone except in accordance with the provisions of this Section and of any other relevant
Sections of this By-law.
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 141
OPEN SPACE PARK (OS1) ZONE
8.1.1
Permitted Uses
-
Campground
-
Cemetery
-
Club
-
Community centre
-
Conservation
-
Eating establishment incidental to a recreation use
-
Golf course
-
Government facility
-
Publicly-owned Marina
-
Public park
8.1.2
Regulations
Provisions
Permitted Uses
Requirement
Minimum Lot Frontage (m)
All permitted uses
30m
Maximum Lot Coverage (%)
All permitted uses
10%
Minimum Front Yard (m)
All permitted uses
7.5 m
Minimum Interior Side Yard (m)
All permitted uses
7.5 m
Minimum Exterior Side Yard (m)
All permitted uses
7.5 m
Minimum Rear Yard (m)
All permitted uses
7.5 m
Maximum Height (m)
All permitted uses
9 m
1. Parking
a. Parking and loading facilities shall be provided in accordance with the Parking Requirements,
Loading Requirements and Parking and Loading Area Requirements sections of this By-law.
TOWN OF HEARST
PAGE 142
ZONING BY-LAW NO. 76-19
OPEN SPACE CONSTRAINT (OS2) ZONE
8.2.1
Permitted Uses
-
Conservation
-
Forestry use
-
Public park
-
Tree nursery
8.2.2
Regulations
Provisions
Permitted Uses
Requirement
Minimum Lot Frontage (m)
All permitted uses
30 m
Maximum Lot Coverage (%)
All permitted uses
10%
Minimum Front Yard (m)
All permitted uses
7.5 m
Minimum Interior Side Yard (m)
All permitted uses
7.5 m
Minimum Exterior Side Yard (m)
All permitted uses
7.5 m
Minimum Rear Yard (m)
All permitted uses
7.5 m
Maximum Height (m)
All permitted uses
9 m
8.2.3
Additional Provisions
1. Boundaries of OS2 Zone
a. Where a use is proposed within or directly adjacent to the Open Space Constraint (OS2) Zone,
other than those uses permitted in this Section, on-site investigations by a qualified professional
shall be carried out to determine the presence, extent, and significance of possible natural
hazards which may affect such uses.
b. Where the boundaries of the Open Space Constraint (OS2) Zone are refined or adjusted through
investigations by a qualified professional and/or empirical evidence, such refinement or
adjustment may be incorporated into the Zoning Schedules of this By-law without the need for an
amendment.
2. Parking and Loading
a. Parking and loading facilities shall be provided in accordance with the provisions of the Parking
Requirements, Loading Requirements and Parking and Loading Area Requirements sections of
this By-law.
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 143
3. Extension or Enlargements of Buildings or Structures
a. Notwithstanding any other provision of this By-law, the extension or enlargement of buildings
and/or structures associated with existing non-complying uses within the Open Space Constraint
(OS2) zone, shall not be permitted.
TOWN OF HEARST
PAGE 144
ZONING BY-LAW NO. 76-19
RURAL ZONE
No person shall hereafter use or alter any lands nor erect, alter, enlarge or use any building or structure
in the Rural Zone except in accordance with the provisions of this Section and of any other relevant
Sections of this By-law.
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 145
RURAL (RU) ZONE
9.1.1
Permitted Uses
-
Agricultural uses
-
Agriculture-related uses
-
Cemetery
-
Conservation
-
Forestry use
-
Greenhouse
-
Hunting or fishing camp
-
Kennel
-
On-farm diversified uses
-
Office accessory to a permitted use
-
Public park
-
Recreational use
-
Recreational vehicle sales outlet
-
Riding school or stable
-
Seasonal dwelling
-
Tree nursery
-
Veterinary establishment
-
Wayside pits and quarries; portable asphalt plants; and portable concrete plants
9.1.2
Regulations
Provisions
Permitted Uses
Requirement
Minimum Lot Frontage (m)
All permitted uses
152.0 m
Permanent dwelling
permitted in accordance
with the Additional
Provisions of this Zone
100.0 m
Minimum Lot Area (ha)
All permitted uses
10.0 ha
Permanent dwelling
permitted in accordance
with the Additional
Provisions of this Zone
4.0 ha
TOWN OF HEARST
PAGE 146
ZONING BY-LAW NO. 76-19
Provisions
Permitted Uses
Requirement
Minimum Front Yard (m)
All permitted uses
30 m
Permanent dwelling
permitted in accordance
with the Additional
Provisions of this Zone
15 m
Minimum Interior Side Yard (m)
All permitted uses
30 m
Permanent dwelling
permitted in accordance
with the Additional
Provisions of this Zone
4.5 m
Minimum Exterior Side Yard (m)
All permitted uses
30 m
Permanent dwelling
permitted in accordance
with the Additional
Provisions of this Zone
15 m
Minimum Rear Yard (m)
All permitted uses
30 m
Permanent dwelling
permitted in accordance
with the Additional
Provisions of this Zone
15 m
Maximum Height (m)
All permitted uses
9.0 m
Permanent dwelling
permitted in accordance
with the Additional
Provisions of this Zone
9.0 m
9.1.3
Additional Provisions
1. Accessory Buildings
Notwithstanding the provisions set out in the Accessory Use sections in this By-law, with respect to the
erection and installation of accessory buildings, the following shall apply within Rural (RU) Zones:
a. Such buildings may be erected prior to the erection of any principal buildings on the lands,
provided that such buildings shall only be used for personal storage purposes by the landowner.
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 147
b. The total building area of all accessory buildings on a property shall not exceed 278.7 square
metres
c. Farm buildings associated with and located on lands devoted to the practice of farming, and used
essentially for the housing of equipment and/or livestock, or the production, storage or
processing of agricultural and/or horticultural produce and/or feeds, shall not be deemed
accessory buildings for the purposes of this By-law.
2. Permanent Single Detached Dwellings
Within the Rural (RU) zone, a permanent single detached dwelling or permanently installed mobile home
shall be permitted under the following circumstances:
a. As an ancillary use to one of the following permitted uses:
i. Agricultural uses;
ii. Forestry use; or
iii. Hunting or fishing camp.
b. As an undeveloped patented township lot having frontage on an existing year-round maintained
road, which will not necessitate the undue extension of other services;
c. Where a permanent residential dwelling unit has been occupied on a continual basis since
January 1, 1980; or
d. Where the property was created by consent in conformity with the consent policies of the Official
Plan.
3. Home-Based Businesses in Rural Zones, Additional Requirements
In addition to the provisions set-out in the Home-Based Businesses Section of this By-law, the following
applies to home-based businesses within Rural Zones:
a. A home-based business shall be permitted in zones where a permanent residential dwelling is a
permitted use, in accordance with the following:
i. No noise, vibration, smoke and/or odours are observable from the property lines;
ii. Emissions to air, water and/or land shall meet the requirements of the Province;
iii. Adequate water supply and sewage disposal facilities shall be provided in compliance with
regulations made under the Building Code Act;
iv. No observable increase in the volume or nature of traffic if observable and, the home-based
business does not necessitate the upgrading or enhancement of existing rights of way or a
change to existing road maintenance practices;
v. Open storage and/or display of materials and/or products is not visible from an abutting
public right of way or neighbouring property; and
vi. Additional exterior lighting that may be required will not be directed towards nor interfere
with adjacent land uses.
b. In the case of an owner/operator of a commercial motor vehicle or forestry equipment, such
business use shall include the parking and on-going routine maintenance and repair of the
TOWN OF HEARST
PAGE 148
ZONING BY-LAW NO. 76-19
owner/operator's vehicle or forestry equipment, but shall not include a transport terminal as
defined in this By-law.
4. Minimum Distance Separation
All development shall comply with the Minimum Distance Separation (MDS) formulae established by the
Province, as amended from time to time, in order to minimize odour conflicts between livestock facilities
and other development.
9.1.4
Special Exceptions
RU-S1
29 Johnson's Lake Road (Schedule A)
The use of the lands described as Parcel 12249 Centre Cochrane, being part of Lot 29, Concession Twelve
in the Township of Kendall, in the Town of Hearst, designated as Part 1 on reference plan 6R-5942, shall
comply with all of the provisions of this By-law and the Rural (RU) zone in which said land is situated,
except as expressly varied in this subsection.
1. Permitted Uses
Notwithstanding the listed Permitted Uses in the Rural (RU) Zone of this By-law, a second dwelling unit
shall be permitted in the basement of the single detached dwelling located on said lands.
RU-S2
12 Bégin Road (Schedule A)
The use of the land described as Parcel 12346 Centre Cochrane, being part of Lot 25, Concession Nine in
the Township of Kendall, in the Town of Hearst and designated as Part 1 on reference plan 6R-6220, shall
comply with all of the regulations of this By-law and the Rural (RU) Zone in which it is situated, except as
expressly varied in this subsection.
1. Apartment Permitted
Notwithstanding the listed Permitted Uses in the Rural (RU) Zone of this By-law, a second dwelling unit
shall be permitted in the basement of the existing single detached dwelling located on said land.
RU-S3
56 La Petite Gaspesie Road (Schedule A5)
The use of the land described as Parcel 9421 Centre Cochrane, being part of broken Lot 24, Concession
Ten in the of Kendall in the Town of Hearst, shall comply with all of the regulations of this By-law and the
Rural (RU) Zone in which it is located except as expressly varied in this subsection.
1. Regulations
Notwithstanding the provisions of this Zone and the Accessory Use section of this By-law, one (1)
accessory building may be erected in the front yard of said land in accordance with the following
provisions:
Provisions
Requirements
From the Front Lot Line
4.1 m
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 149
Provisions
Requirements
From the East Side Lot Line
3.0 m
RU-S4
7 Girard Road (Schedule A11)
Notwithstanding the provisions of this Zone, the minimum requirements for the erection of buildings
and/or structures on Parcel 12132 in the Register for Centre Cochrane, being part of Lot 29 in the Tenth
Concession in the Township of Kendall, in the Town of Hearst, designated as Part 1 on Plan 6R-5740 shall
be as follows:
Provisions
Requirements
Minimum Front Yard
9.1 m
Minimum Interior Side Yard Along North Lot Line
6.1 m
Minimum Interior Side Yard Along N 0°09' E Lot Line
6.1 m
Minimum Exterior Side Yard Along Southwest Lot
Line
6.1 m
Minimum Interior Side Yard Along Southeast Lot Line
3.0 m
Minimum Rear Yard
0.0 m
RU-S5
54 Highway No. 11 East (Schedule A)
The use of the lands identified as PIN 65042-0112 (LT) and described as Parcel 520 in the Register for
Centre Cochrane, being part of Lot 17 in Concession Ten in the Township of Kendall in the Town of
Hearst, shall comply with all provisions of this By-law and the Rural (RU) Zone in which said lands are
located, except as expressly varied in this subsection.
1. Converted Dwelling
Notwithstanding the provisions of this Zone, the existing dwelling unit located on the aforementioned
lands may be converted into a group home providing permanent housing accommodation for ten (10)
residents.
2. Secondary Dwelling Permitted
Notwithstanding the provisions of this Zone and the Accessory Use section of this By-law, a second and
ancillary single detached dwelling unit may be erected on said land for occupancy by the owner and/or
manager of the permitted group home.
TOWN OF HEARST
PAGE 150
ZONING BY-LAW NO. 76-19
3. Site Plan Control
The development and redevelopment of said part of Lot 17 in Concession Ten in the Township of Kendall
shall be subject to Site Plan Control.
RU-S6 (Town of Hearst By-law No. 77-10)
106 Despres Road (Schedule A)
The use of the lands identified as PIN 65042-0477 and described as Parcel 13357 Section Centre
Cochrane, being part of broken Lot 20 in Concession 11 in the Township of Kendall in the Town of Hearst,
designated as Parts 1 through 5 inclusive on reference plan 6R-7696 shall comply with all provisions of
this By-law and the Rural (RU) Zone in which said lands are located, except as expressly varied in this
subsection.
1. Yard Requirements
Notwithstanding the provisions of this Zone and the Accessory Use section of this By-law, an accessory
building may be erected within the front yard of the aforementioned land having a minimum setback
distance of 100 metres from the front lot line in common with Després Road and a minimum of 50 metres
from the west side lot line of said land.
RU-S7
125 Gaspésie Road (Schedule A)
The use of the land identified as PIN 65042-0254(LT) and described as Parcel 13018 Section Centre
Cochrane, being the part of lot 26 in Concession 9 in the Township of Kendall, identified as parts 1 to 4 on
Plan 6R-7170, in the Town of Hearst shall comply with all provisions of this By-law and the Rural (RU)
Zone in which said land is located, except as expressly varied in this subsection.
1. Lot Frontage
Notwithstanding the provisions of this Zone, said land, and the land to be created from it, shall have a
minimum lot frontage of 63 metres.
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 151
AIRPORT ZONE
No person shall hereafter use or alter any lands nor erect, alter, enlarge or use any building or structure
in an Airport Zone or Overlay except in accordance with the provisions of this Section and of any other
relevant Sections of this By-law.
TOWN OF HEARST
PAGE 152
ZONING BY-LAW NO. 76-19
AIRPORT (A) ZONE
10.1.1
Permitted Uses
-
Airport
-
Commercial use accessory to an airport
-
Eating establishment
-
Parking lot
-
Service or repair shop accessory to an airport
-
Temporary living quarters for aviation personnel and staff providing services operating directly
from the airport
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 153
SPECIAL AIRPORT VICINITY OVERLAY
The area indicated on Zoning Schedule B1 to this By-law is hereby designated as being within the 'Special
Airport Vicinity Overlay' and is subject to height limitations in accordance with the following provisions.
10.2.1
Height Limitations
1. No building, structure, or natural vegetation within the outer surface shall exceed 45 metres in
height, within a radius of 4000 metres from the airport reference point, as shown on Schedules B1
and B2, where the height is measured from the airport reference point elevation, being 252 m above
sea level.
2. The maximum height of a building, structure, or natural vegetation located within any of the areas
designated as approach surface, airport transitional surface, or flight path on Zoning Schedules B2,
B3, B4, B5, or B6 to this By-law shall be determined by trigonometry calculations in the following
manner:
a. Calculations for locations in flight path/approach surface (Schedules B3 and B4)
i. 2.5% (1.43 degrees) approach angle;
ii. 15% (8.53 degrees) divergent angle; and
iii. Calculations are to be made at a point located 60 metres from either runway 04/22
threshold and 75 metres east and west from the runway extended centre line.
b. Calculations for locations in the airport transitional surface (Schedules B5 and B6)
i. 14.3% (8.14 degrees) transition angle; and
ii. Calculations are to be made at a point located 75 metres from the runway 04/22 centre line
within the runway strip that extends 60 metres North and South of runway 04/22 and along
the 15 degree divergent line.
10.2.2
References
1. Geometric Centre coordinates: N49 deg 42'50.0", W83 deg 41'13"
2. Airport Reference Point Elevation: 252 m ASL (826 ft)
3. Airport Reference Point coordinates: N49 deg 42'46.7", W83 deg 41'15.5"
4. Town of Hearst 2014 Aerodrome Attestation
TOWN OF HEARST
PAGE 154
ZONING BY-LAW NO. 76-19
DEVELOPMENT (D) ZONE
No person shall hereafter use or alter any lands nor erect, alter, enlarge or use any building or structure
in the Development Zone except in accordance with the provisions of this Section and of any other
relevant Sections of this By-law.
11.1.1
Permitted Uses
-
Existing dwellings
11.1.2
Regulations
1. All provisions of 'General Provisions' of this By-law where applicable to the use of any land, building
or structure permitted within the Development (D) Zone, shall apply and be complied with.
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 155
WASTE MANAGEMENT SITE (WMS) ZONE
No person shall hereafter use or alter any lands nor erect, alter, enlarge or use any building or structure
in the Waste Management Site (WMS) Zone except in accordance with the provisions of this Section and
of any other relevant Sections of this By-law.
12.1.1
Permitted Uses
-
Landfill sites
-
Material recovery facility
-
Sewage treatment facility
-
Soil remediation facility
-
Waste processing facility
-
Wood chipping facility
12.1.2
Additional Provisions
1. Front Yards
a. Notwithstanding any other provision of this Bylaw, where a front lot line abuts any of the
following Zones, or is separated from any such Zone by a street or lane only, the setback from the
said front lot line shall be a minimum of 500.0 metres:
i. Any Residential zone;
ii. Any Open Space zone;
iii. The Neighbourhood Commercial (C2) Zone; or
iv. The Institutional (I) Zone.
2. Side Yards
a. Notwithstanding any other provision of this Bylaw, where a side lot line abuts any of the following
Zones, or is separated from any such Zone by a street or lane only, the setback from the said side
lot line shall be a minimum of 500.0 metres:
i. Any Residential zone;
ii. Any Open Space zone;
iii. The Neighbourhood Commercial (C2) Zone; or
iv. The Institutional (I) Zone.
b. Where a side lot line abuts a railway, a setback from the said side lot line shall not be required.
3. Rear Yards
a. Notwithstanding any other provision of this By-law, where a rear lot line abuts any of the
following Zones, or is separated from any such Zone by a street or lane only, the setback from the
said rear lot line shall be a minimum of 500.0 metres:
i. Any residential zone;
TOWN OF HEARST
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ZONING BY-LAW NO. 76-19
ii. Any Open Space zone;
iii. Neighbourhood Commercial (C2) Zone; or
iv. Institutional (I) Zone.
b. Where a rear lot line abuts a railway, a setback from the said rear lot line shall not be required.
4. Permitted Exterior Activities
a. Where any part of a permitted use is carried on outside a building, that part of the operation shall
not be conducted in any front yard nor in any portion of a side or rear yard within 500.0 metres
of an abutting Residential, Institutional, Open Space Zone, or Neighbourhood Commercial (C2)
Zone.
5. Landscaping
a. Where a lot in a Waste Management Site (WMS) Zone fronts opposite to or abuts a Residential,
Institutional, Open Space Zone, or Neighbourhood Commercial (C2) Zone, a strip of land not less
than 3.0 metres in width inside and abutting the Waste Management Site (WMS) Zone boundary
shall not be used for any purpose other than landscaping, but this shall not prevent the provision
of entrances and exits from the said lot through the required landscaping.
6. Screening
a. Where a lot in a Waste Management Site (WMS) Zone abuts a Residential, Open Space,
Institutional Zone, or Neighbourhood Commercial (C2) Zone, a solid and continuous fence to a
height of not less than 3.0 metres shall be provided adjacent to the lot lines that abut the said
Residential or Open Space Zone.
b. On any lot in a Waste Management Site (WMS) Zone, a strip of land not less than 1.5 metres in
width shall be reserved for landscaping inside and abutting the front lot line and the said lot line
where it abuts a street, and if any part of the front yard is used for parking, a strip of land not less
than 1.5 metres in width shall be reserved for landscaping adjacent to the front wall of the
building.
7. Use of Front and Side Yard
a. No person shall use the front or exterior side yard of any lot in a Waste Management Site (WMS)
Zone for any purpose other than for landscaping or the temporary parking of visitors' private
passenger vehicles, provided that no parking shall be permitted within that area having a width of
4.5 metres parallel to and along the entire front and flankage lot lines of said lot which abut
streets.
8. Materials
a. No building or structure permitted in a Waste Management Site (WMS) Zone shall be hereafter
erected or altered, unless the exterior construction thereof is of stone, brick, reinforced concrete,
glass or steel, or a combination of these materials, or any other suitable material.
9. Fencing
a. Where required for buffering and screening purposes, a fence shall be erected upon the Waste
Management Site (WMS) Zone or any part thereof, which fence shall be constructed of pre-
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 157
finished metal or wood in a solid and continuous construction. No fence that is required for
buffering or screening shall be placed nearer to the street line in the front of the said land than
7.5 metres or the main front wall of the building or buildings erected on the said land, whichever
is less.
10. Accessory Buildings
a. No accessory building or structure shall be constructed in the front or exterior side yard.
12.1.3
Special Exceptions
WMS-S1
Unassigned Bosnick Road (Schedule A)
The use of the lands described as Lots 21 and 22 in the Eighth Concession in the Township of Kendall in
the Town of Hearst, shall comply with all regulations in this By-law and the Waste Management Site
(WMS) Zone in which said lands are located, except as expressly varied in this subsection.
1. Permitted Uses
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wood waste disposal (landfill) sites
2. Yard Requirements
Notwithstanding the provisions of this Zone, the setbacks from all lot lines shall be established at
minimum distances of 350 metres.
3. Buffering
The site shall be obscured from visibility from concession roads and adjacent properties by maintaining
and enhancing, if necessary, the natural tree cover within the front, side and rear yard setbacks.
4. Open storage
The open storage of any materials, parts, supplies and/or derelict motor vehicles, other than wood
wastes shall not be permitted on said lands at any time.
5. Development Regulations
The development of said lands shall be subject to:
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Site Plan Control.
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Town of Hearst approval of the trucking routes used to access said lands.
TOWN OF HEARST
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ZONING BY-LAW NO. 76-19
TEMPORARY LAND USE PROVISIONS
2 GIRARD ROAD (PARCEL 2067CC)
The use of the land described as Parcel 2067 in the Register for Centre Cochrane, being the south part of
Lot 1 in Concession Ten in the Township of Way, in the Town of Hearst, shall comply with all regulations
of this By-law and the Rural (RU) Zone in which is it situated, except as expressly varied in this subsection.
1. Permitted Uses
Permitted uses shall include warehousing in the existing barn located on the subject land.
2. Authorized Period
Said permitted land use is hereby authorized for a period of three (3) years from the day of the passing of
this By-law. Upon the expiration date of said By-law, Council may grant by By-law further periods of time
or not more than three (3) years each, during which said permitted use is authorized.
28 RIVERSIDE DRIVE (PARCEL 876CC)
The use of the lands described as Parcel 876 in the Register for Centre Cochrane, being part of Block 22A,
being a part of the Town Plot of Hearst not subdivided, being also part of Lot 22A in Concession Ten in
Kendall Township, described as that part of said lot lying north of a line drawn across said lot at a
perpendicular distance of 150.9 metres south of the northern boundary thereof, in the Town of Hearst,
shall comply with all the provisions of this By-law for the Rural (RU) Zone in which said land is situated,
except as expressly varied in this subsection.
1. The existing dwelling unit located on said land prior to July 20, 2004 shall be hereby recognized as a
second temporary dwelling unit, being a garden suite, pursuant to subsection 39.1 of the Planning
Act, R.S.O. 1990, c. P.13 and amendments thereto.
2. Use of the second temporary dwelling unit as a garden suite is hereby authorized for a period of time
not exceeding ten (10) years from the date of the passing of this By-law.
3. The occupancy and use of said garden suite is further subject to the execution of an agreement
pursuant to subsection 39.1 of the Planning Act and Site Plan Control (July 28, 2015) as amended by
By-law No. 60-15.
715 PRINCE STREET (PIN 65040-0584)
The use of the lands identified as PIN 65040-0584 (LT) and described as Parcel 1082 Section Centre
Cochrane, being Lot 507 on Plan M-62 Algoma in the Town of Hearst, shall comply with all the provisions
of this By-law and the Third Density Residential (R3) Zone in which said land is located, except as expressly
varied in this subsection.
TOWN OF HEARST
ZONING BY-LAW NO. 76-19
PAGE 159
1. Exception for Retail Use
Notwithstanding the provisions of the Residential (R) Zones of this By-law, the front portion of the
dwelling unit located on the aforementioned land may be used for the operation of a retail store.
2. Period of Authorization
Said retail use is hereby authorized for a period of time not exceeding three (3) years from the date of
passing of this By-law. (June 2, 2015)
50 EIGHTH STREET (PARCEL 7310)
The use of the lands identified as parcel 7310CC, being the North Part of Lot 472 on Plan M48A, in the
Town of Hearst, shall conform to all provisions of this By-law and the Third Density Residential (R3) Zone
in which said land is located, except as expressly varied in Sections 13.4.1 and 13.4.2 hereto.
1. Exception for Industrial Use
Notwithstanding the provisions of Subsection 4.4.1 of this By-law, north half of the building located on
the aforementioned land may be used for the operation of a cabinet shop.
2. Period of Authorization
Said industrial use is hereby authorized for a period of time not exceeding three (3) years from the date
of passing of this By-law. (March 15, 2022)
TOWN OF HEARST
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ZONING BY-LAW NO. 76-19
ZONING SCHEDULES
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Schedule A
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Schedule A1
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Schedule A2
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Schedule A3
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Schedule A4
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Schedule A5
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Schedule A6
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Schedule A7
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Schedule A8
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Schedule A9
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Schedule A10
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Schedule A11
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Schedule B1
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Schedule B2
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Schedule B3
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Schedule B4
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Schedule B5
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Schedule B6