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SECTION 5.0
GENERAL PROVISIONS
Page 5-1
Town of Ingersoll Zoning By-Law Number 04-4160
SUBSECTION
PAGE
5.1
ACCESSORY USES, BUILDINGS AND STRUCTURES
5-2
5.2
CONTROL OF ANIMALS, BIRDS AND REPTILES
5-6
5.3
ESTABLISHED BUILDING LINE
5-6
5.4
EXISTING VACANT LOTS HAVING LESS AREA, LOT DEPTH, AND/OR
FRONTAGE
5-6
5.5
CONSERVATION AUTHORITY REGULATION LIMIT
5-6
5.6
GARDEN SUITES (DELETED BY BY-LAW 17-4962)
5-7
5.7
GREATER RESTRICTIONS
5-7
5.8
GROUNDWATER RECHARGE AREAS (DELETED BY BY-LAW 24-5329)
5-7
5.9
GROUP HOMES
5-7
5.10
HOME OCCUPATION
5-8
5.11
LOADING PROVISIONS
5-10
5.12
LOTS CONTAINING MORE THAN ONE USE
5-11
5.13
LOTS DIVIDED INTO MORE THAN ONE ZONE
5-12
5.14
MUNICIPAL SERVICES
5-12
5.15
NOISE AND VIBRATION
5-13
5.16
NON-CONFORMING AND/OR NON-COMPLYING USES, SITES
AND BUILDINGS
5-14
5.17
OUTDOOR DISPLAY AND SALES AREAS
5-16
5.18
OUTDOOR PATIOS
5-17
5.19
PARKING PROVISIONS
5-17
5.20
PLANTING STRIPS
5-28
5.21
PROHIBITED USES
5-29
5.22
PUBLIC USES
5-29
5.23
SATELLITE DISHES
5-31
5.24
SIGHT TRIANGLES
5-31
5.25
SIGNIFICANT ENVIRONMENTAL FEATURES
5-32
5.26
SITE PLAN CONTROL
5-36
5.27
SITES OF POTENTIAL ENVIRONMENTAL CONTAMINATION
5-36
5.28
SLOPE AND EROSION HAZARD AREA RESTRICTIONS
5-36
5.29
STREET FRONTAGE REQUIRED
5-36
5.30
STORAGE OR PARKING OF RECREATIONAL VEHICLES IN
RESIDENTIAL ZONES
5-36
5.31
THROUGH LOTS
5-37
5.32
TWO ZONE FLOOD AREA
5-37
5.33
USES PERMITTED IN ALL ZONES
5-39
5.34
YARD, SETBACK AND HEIGHT - PERMITTED ENCROACHMENTS
5-41
5.35
CONVERTED DWELLINGS AND ADDITIONAL RESIDENTIAL UNITS
5-41
5.35
SOURCEWATER PROTECTION AREAS
5-44
5.36
HEATING, VENTILATION AND AIR CONDITIONING EQUIPMENT (HVAC)
5-46
5.37
ACCESSORY BUSINESS OFFICES AND RETAIL SALES
5-47
5.38
HEIGHT
5-48
SECTION 5.0
GENERAL PROVISIONS
Page 5-2
Town of Ingersoll Zoning By-Law Number 04-4160
5.1
ACCESSORY USES, BUILDINGS AND STRUCTURE
5.1.1
ACCESSORY USES, BUILDINGS AND STRUCTURES
Where this By-Law provides that a lot may be used or a building or structure may
be erected or used for a particular purpose, that purpose shall include any accessory
building or structure or accessory use, provided that:
5.1.1.1
it is not to be used for any occupation for gain or profit, except as permitted in this
By-Law;
5.1.1.2
the principal use, building or structure is specifically permitted by this By-Law and
is already established on the same lot;
5.1.1.3
it is not to be used for human habitation except as permitted in this By-law; and
5.1.1.4
it complies with the provisions set out in Table 5.1.1.4 below, except where it is
specifically regulated in the By-Law:
TABLE 5.1.1.4 - REGULATIONS FOR ACCESSORY USES
PROVISION
RESIDENTIAL ZONES
ALL OTHER ZONES
Permitted Location
Any yard other than a
required front yard or
exterior side yard
To the rear of the required front yard
and exterior side yard, in accordance
with the yard and setback provisions of
the zone in which such building or
structure is located.
Minimum Distance
from Main Buildings
1.2 m (3.9 ft)
2.0 m (6.6 ft)
Maximum Height
5.0 m (16.4 ft)
5.0 m (16.4 ft)
Side Yard Setback
1.2 m (3.9 ft)
in accordance with applicable zone
provisions
Rear Yard Setback
1.2 m (3.9 ft)
in accordance with applicable zone
provisions
Lot coverage
10% of lot area, or 100 m2
(1,076.4 ft2) of ground floor
area, whichever is the lesser
in accordance with applicable zone
provisions
SECTION 5.0
GENERAL PROVISIONS
Page 5-3
Town of Ingersoll Zoning By-Law Number 04-4160
5.1.1.4.1
Notwithstanding any provision of Table 5.1.1.4 to the contrary, the following
provisions shall also apply:
i)
on a residentially or entrepreneurial zoned lot, one accessory building, not
exceeding 15 m2 (161.4 ft2) in gross floor area, may be excluded from the
calculation of total lot coverage.
ii)
accessory buildings or structures, not exceeding 2.5 m (8.2 ft) in height,
may be located within a required exterior side yard, provided that a
minimum exterior side yard setback of 3 m (9.8 ft) is maintained and such
exterior side yard is enclosed by a privacy fence or planting strip with a
minimum height of 1.5 m (6 ft).
iii)
covered and uncovered decks, patios, stoops and landings and other similar
structures shall only be permitted in accordance with the provisions of
Section 5.34.1.
(Amended by By-Law 24-5329)
5.1.1.4.2
CARGO CONTAINERS USED FOR STORAGE PURPOSES
Where a cargo container is used for the purpose of storage accessory to a principal
use, the following provisions shall apply:
5.1.1.4.2.1
CARGO CONTAINERS (PERMANENT)
The following provisions apply to the use of shipping containers as a permanent
accessory building:
a)
The placement of permanent cargo containers shall not be located in a
Residential, CC or EC Zone;
b)
No permanent cargo container in any zone other than an Industrial Zone
shall exceed 4 m (13.1 ft.) in height;
c)
A cargo container may only be located in the rear yard and shall comply
with the rear yard depth provisions of the zone in which the use is located;
d)
Other than the rear yard depth requirement as set out in subsection c), the
placement of a cargo container shall comply with Table 5.1.1.4
Regulations for Accessory Uses;
e)
Permanent cargo containers shall not be stacked;
f)
Unless elsewhere stated in this Zoning By-law, a permanent cargo container
shall not be located in a required parking area; and
g)
A permanent cargo container shall not be placed or used for the purpose of
display or advertising.
SECTION 5.0
GENERAL PROVISIONS
Page 5-4
Town of Ingersoll Zoning By-Law Number 04-4160
5.1.1.4.2.3
CARGO CONTAINERS (TEMPORARY)
The following provisions apply to cargo containers as a temporary use:
a)
Notwithstanding any other provision of this Zoning By-law, a maximum of
one (1) cargo container shall temporarily be permitted to be located in a
driveway of a residentially zoned lot for the purpose of loading and
unloading household items during the process of moving, provided that it is
removed from the lot within thirty (30) consecutive days and no more than
60 total days within a 365-day timeframe;
b)
Notwithstanding any other provision of this By-law to the contrary, a cargo
container shall temporarily be permitted on a non-residential property for the
purpose of temporary storage or the loading and unloading of items, provided
that it is removed from the lot within ninety (90) consecutive days and no
more than 120 total days within a 365-day timeframe. The day restriction
does not apply to industrial zones;
(c) A temporary cargo container shall:
i.
not encroach onto a public sidewalk or municipal right-of-way;
ii. not be located in a daylight corner; and
iii. not be located closer than 0.6 m (2 ft.) from any lot line.
(d) Notwithstanding any other provisions of this By-law, a temporary cargo
container is permitted on a construction site in any Zone in accordance with
Section 5.33 of this By-law."
(Amended by By-Law 24-5329)
5.1.2
EXCEPTIONS
The following accessory uses are not subject to the provisions of Section 5.1.1.4.,
provided that they are in accordance with the provisions of Table 5.1.2:
SECTION 5.0
GENERAL PROVISIONS
Page 5-5
Town of Ingersoll Zoning By-Law Number 04-4160
TABLE 5.1.2 - ACCESSORY USE EXCEPTIONS AND RELATED PROVISIONS
Structures
Specific Provisions
clothes poles, flag poles and
basketball standards;
garden trellises;
ornamental fountains, statues,
cenotaphs, monuments and
memorials;
planters, benches and picnic tables;
retaining walls, sidewalks,
pavements, and curbs;
patios, concrete pads, walkways and
other similar structures comprising
part of an outdoor amenity area and
not exceeding 0.3 m (1 ft) in height;
and
other similar accessory structures.
Shall not alter any drainage swale required by an approved
lot grading plan.
fences and similar structures
In accordance with the Town's Fencing By-Law, as
amended, unless otherwise specifically noted in this
By-Law
attached and freestanding signs
In accordance with the Town's Sign By-Law, as amended,
unless otherwise specifically noted in this By-Law
(Deleted and Replaced by By-Law 24-5329)
5.1.3
SWIMMING POOLS
An unenclosed, outdoor private swimming pool or hot tub, accessory to a
residential use:
a)
Shall only be permitted in an interior side yard or rear yard, with a
minimum 1.2 m (3.9 ft.) setback from a side lot line or rear lot line or in an
exterior side yard with a minimum 3 m (9.8 ft.) setback from the street line;
(Replaced by By-Law 17-4949)
b)
Any deck associated with an above ground private swimming pool or hot
tub, shall be in accordance with the provisions for decks in Table 5.34.1 -
Permitted Projections into Required Yards
SECTION 5.0
GENERAL PROVISIONS
Page 5-6
Town of Ingersoll Zoning By-Law Number 04-4160
c)
Such private swimming pool or hot tub shall not be included in lot coverage
calculations.
(Replaced by By-Law 17-4949)
5.2
CONTROL OF ANIMALS, BIRDS AND REPTILES
Where an Animal Control By-law has been passed by the Town, the prohibition or
regulation of the keeping of animals, birds or reptiles within any Zone shall be
controlled by such By-law.
5.3
ESTABLISHED BUILDING LINE
Notwithstanding the yard provisions of this By-Law to the contrary, where a
detached residential dwelling or accessory use in a Residential Zone or a
commercial use in a Commercial Zone thereto is to be erected in a built up area
where there is an established building line, the dwelling, accessory use or
commercial use may be erected closer to the street line or the centreline of the
street, than required by the By-Law, provided the dwelling, accessory use or
commercial use is not erected closer to the street line or to the centre of street, than
the established building line as defined herein, on the date of the passing of this By-
Law.
5.4
EXISTING VACANT LOTS HAVING LESS AREA, LOT DEPTH, AND/OR FRONTAGE
Where a lot having a lot area, lot depth, and/or lot frontage of not more than 20%
less than that required in this By-Law is held under distinct and separate ownership
from abutting lots as shown by a registered conveyance in the records of the
Registry or Land Titles Office at the date of the passing of this By-Law, or where
such a lot is created as a result of an expropriation, such smaller lot may be used
and a building or structure may be erected, altered or used on such smaller lot,
provided that all other requirements of this By-Law are complied with.
5.5
CONSERVATION AUTHORITY REGULATION LIMIT
The Conservation Authority Regulation Limit applies to lands where regulations
are in effect pursuant to the Conservation Authorities Act. This area is shown as a
dotted line on Schedule "A" of this Zoning By-law.
SECTION 5.0
GENERAL PROVISIONS
Page 5-7
Town of Ingersoll Zoning By-Law Number 04-4160
5.5.1
LIMITATION ON PERMITTED USES
Notwithstanding any provisions of the underlying zone, no building or structure
shall be erected or used on any lands that are subject to regulations in effect
pursuant to the Conservation Authorities Act, unless a permit or other permission
has been obtained from the Upper Thames River Conservation Authority.
And further, no new buildings or structures, with the exception of those designed,
used or intended for flood or erosion control purposes, shall be permitted on any
lands located within a flood, erosion, unstable soil, and/or other natural hazard area,
as identified by the Upper Thames River Conservation Authority.
(Deleted and Replaced by By-law 24-5329)
5.6
GARDEN SUITES
(Deleted by By-Law 17-4962)
5.7
GREATER RESTRICTIONS
This By-Law shall not be effective to reduce or mitigate any restrictions lawfully
imposed by a governmental authority having jurisdiction to make such restrictions.
5.8
GROUNDWATER RECHARGE AREAS
(Deleted by By-law 24-5329)
5.9
GROUP HOMES
5.9.1
WHERE PERMITTED
Notwithstanding any other provision of this By-Law to the contrary, a group home
is permitted to occupy the whole of an individual dwelling unit, a single detached
dwelling, a semi-detached dwelling, a duplex dwelling, a multiple unit dwelling, and
a street fronting townhouse dwelling provided the total number of residents within
the building or structure does not exceed eight. The dwelling must have 20.0 m2
(216 ft2) of gross floor area per person residing within the unit.
5.9.2
ZONE REQUIREMENTS
A group home shall comply with the zone provisions for dwellings permitted in the
zone in which such use is located.
SECTION 5.0
GENERAL PROVISIONS
Page 5-8
Town of Ingersoll Zoning By-Law Number 04-4160
5.10
HOME OCCUPATION
5.10.1
WHERE PERMITTED
A home occupation is permitted, subject to complying with all appropriate zoning
provisions, in all zones permitting a residential dwelling unit and shall be permitted
within the residential dwelling unit. A home occupation is not permitted within an
additional residential unit, converted dwelling, or garden suite.
(Deleted & Replaced by By-Law 24-5318)
5.10.1.1
Uses Not Permitted:
i)
Animal Breeding;
ii) Animal Kennel;
iii) Animal Shelter;
iv) Automobile Body Repair Shop;
v) Body Rub Parlour;
vi) Medical Centre;
vii) Motor Vehicle Dealership;
viii) Motor Vehicle Rental Agency;
ix) Motor Vehicle Washing Establishment;
x) Place of Worship;
xi) Public Garage;
xii) Retail Store;
xiii) Small engine repair
(Added by By-Law 24-5329)
5.10.2
FLOOR AREA LIMIT
Not more than the cumulative total of 25 m2 (269.1 ft2) of gross floor area of the
residential dwelling unit shall be used for the purposes of the home occupation use.
5.10.3
STORAGE, DISPLAY AND SIGNAGE
There shall be no external storage of goods or materials and no external display or
advertising other than one (1) unlighted sign with an area of not more than 1 m2
(10.8 ft2) directly attached to the wall of the residential unit.
5.10.4
ADVERTISEMENT
Media advertising of the home occupation shall be permitted within such
advertising restricted to the publishing of the Home occupation and telephone
number but no municipal address.
SECTION 5.0
GENERAL PROVISIONS
Page 5-9
Town of Ingersoll Zoning By-Law Number 04-4160
5.10.5
EMPLOYEES
Not more than three on-site employees, including those residing on the premises,
shall be engaged in the home occupation.
5.10.6
RETAIL SALES
Retail sale of items shall be prohibited, except for items made in the home
occupation.
5.10.7
REPAIR USES
Repair uses are prohibited as part of a home occupation, except for the repair of
household appliances and electronic equipment.
5.10.8
BED AND BREAKFAST ESTABLISHMENT
A bed and breakfast establishment shall be considered a home occupation where
located in a single detached dwelling. Notwithstanding the gross floor area limit
for a home occupation in subsection 5.10.2, a bed and breakfast establishment shall
be limited to three guest rooms. A bed and breakfast establishment is not permitted
on a lot containing an additional residential unit(s), a converted dwelling, or a
garden suite.
(Deleted & Replaced by By-Law 24-5318)
5.10.9
PRIVATE HOME DAYCARE
A private home daycare, located within a dwelling unit, with accommodation for
the number of children permitted in accordance with the home-based child care
requirements under the Child Care and Early Years Act, 2014, as amended, shall
be considered a home occupation. For the purpose of this subsection, the gross
floor area limit for a home occupation in subsection 5.10.2 shall not apply to a
private home daycare.
(Deleted & Replaced by By-Law 24-5318)
(Deleted and Replaced by By-Law 24-5329)
5.10.10
PARKING
Off-Street parking shall be provided in accordance with subsection 5.19.
Notwithstanding the above, required off-street parking for a private home daycare
or business office operated solely by the occupant shall be exempt."
(Deleted and Replaced by By-Law 24-5329)
SECTION 5.0
GENERAL PROVISIONS
Page 5-10
Town of Ingersoll Zoning By-Law Number 04-4160
5.10.11
ZONE REQUIREMENTS
The home occupation shall comply with all other zone requirements of the zone in
which such home occupation is located.
The home occupation shall not include the shipping or receiving of goods or
materials by commercial motor vehicles in excess of 4000 kg (8,818.3 lb) gross
vehicle weight (unloaded).
Notwithstanding any provisions contained in this By-law, no accessory buildings
or yards in a residential zone can be used in conjunction with a home occupation.
(Amended by By-law 24-5329)
5.11
LOADING PROVISIONS
5.11.1
LOADING SPACES REQUIRED
The owner or occupant of any lot, building or structure in a Commercial,
Institutional, or Industrial Zone, erected or used for any purpose involving the
receiving, shipping, loading or unloading of persons, animals goods, wares and
merchandise and raw materials shall provide and maintain at the premises, on the
lot occupied by the building or structure and not forming part of a street or lane,
within the zone in which such use is located, loading or unloading facilities in
accordance with the rates set out in Table 5.11.1.
TABLE 5.11.1 - LOADING SPACE REQUIREMENTS
Zone
Gross Floor Area m2 (ft2)
Number of Loading
Spaces Required
Commercial,
Institutional, Industrial,
or Recreation
350-2,000 m2 (3,767.5-21,528.5 ft2)
1
2,001-6,500 m2 (21,539.3-69,967.7 ft2)
2
6,501-12,000 m2 (69,978.5-129,171.2 ft2)
3
greater than 12,000 m2 (129,171.2 ft2)
4
Notwithstanding the Loading Space Requirements as set out in Table 5.11.1, each
principal building on a lot must have at least one loading space.
5.11.2
STANDARDS FOR LOADING SPACES
All loading spaces must be rectangular and comply with the provisions of Table
5.11.2 below:
SECTION 5.0
GENERAL PROVISIONS
Page 5-11
Town of Ingersoll Zoning By-Law Number 04-4160
TABLE 5.11.2 - LOADING SPACE STANDARDS
Design Provision
Minimum Standard
Length
9.0 m (29.5 ft)
Width
3.5 m (11.5 ft)
Vertical Clearance
4.0 m (13.1 ft)
Location
1.5 m (4.9 ft) from interior side lot and rear
lot lines and a minimum distance of 10 m
(32.9 ft) from the street line. In addition, no
loading space shall be located in any portion
of a required yard abutting a Residential,
Development or Entrepreneurial Zone.
Access Driveway Width
6.0 m (19.7 ft)
5.11.3
LOADING SPACE CALCULATION
The gross floor area shall be used for the purposes of calculating the requirement
to provide loading spaces.
5.11.4
LOADING SPACE SURFACE
The driveways, and loading spaces shall be constructed of asphalt, concrete,
portland cement binder, recycled asphalt, or a stable surface of crushed stone or
gravel which is maintained or treated so as to prevent the raising of dust or loose
particles.
5.11.5
ADDITIONS TO BUILDING
The loading space requirements referred to herein shall not apply to any building
in existence at the date of passing of this By-Law so long as the gross floor area as
it existed at such date is not increased. If an addition is made to the building or
structure which increases the gross floor area, then additional loading spaces shall
be provided as required by subsection 5.11.1 of the By-law for such addition.
5.12
LOTS CONTAINING MORE THAN ONE USE
5.12.1
LOT AREA AND LOT FRONTAGE REQUIREMENTS
Where a lot contains more than one use, which is not an accessory use, the lot area
requirement shall be the sum of the requirements for each separate use. The lot
frontage requirement shall be the greatest of the lot frontage requirements for each
separate use in the zone where such lot is located.
SECTION 5.0
GENERAL PROVISIONS
Page 5-12
Town of Ingersoll Zoning By-Law Number 04-4160
5.12.2
DELIVERY, LOADING AND PARKING REQUIREMENTS
When a building, structure or lot contains more than one use, the delivery space
requirement, loading space requirement and parking space requirement for such
building, structure or lot shall be the sum of the requirements for each separate use.
5.13
LOTS DIVIDED INTO MORE THAN ONE ZONE
Where a lot is divided into more than one zone, each such portion of the lot shall be
used in accordance with the provisions of this By-law for the zone where such portion
of the lot is located. However, for the purposes of determining minimum lot area and
minimum lot frontage, the entire lot shall be considered.
5.14
MUNICIPAL SERVICES
5.14.1
No building or structure may be erected or enlarged unless the land is serviced by
all municipal services (municipal water, sanitary sewers, electric power lines,
drainage systems and improved streets).
5.14.2
Notwithstanding the foregoing, private sewage disposal systems are permitted for
enlargements to existing residential dwellings and construction of buildings and
structures that are accessory to existing residential dwellings, provided the said
enlargements and/or construction of accessory buildings and structures:
i)
comply with all other provisions of the Zoning By-law;
ii)
do not require any other approval under the Planning Act, R.S.O. 1990,
c P.13;
iii)
a notice, in accordance with Section 59 of the Clean Water Act, 2006, has
been issued by the Risk Management Official, where required;
iv)
have been approved in writing by the authorities having jurisdiction; and
v)
municipal sanitary sewer is not available within 150 m of the property.
5.14.3
Notwithstanding any other provisions of this By-law, including Section 5.14.1.
private sewage disposal systems are permitted for non-residential use buildings or
structures in an MR or MG Zone subject to the written approval of the approval
authority appointed by the Corporation to review and approve the installation of
private sewage disposal systems.
5.14.4
Any use, building and/or structure that would require a new septic system and/or
holding tank shall be considered in accordance with the Source Protection Areas
provisions detailed in Section 5.35 of this By-Law.
(Deleted and Replaced by By-law 24-5329)
SECTION 5.0
GENERAL PROVISIONS
Page 5-13
Town of Ingersoll Zoning By-Law Number 04-4160
5.15
NOISE AND VIBRATION
5.15.1
SEPARATION OF NOISE SENSITIVE LAND USES FROM INDUSTRIAL USES
Notwithstanding any provision within this By-Law to the contrary, the
development of a new noise sensitive land use shall not be permitted within the
following minimum separation distances:
- 20 m (65 ft.) from a Class I industrial facility on an industrially zoned lot;
- 70 m (230 ft.) from a Class II industrial facility on an industrially zoned lot; or
- 300 m (984 ft.) from a Class III industrial facility on an industrially zoned lot
or an existing rail yard;
- 300 m (984 ft.) from an un-built lot in an Industrial Zone or a Development
Zone lot which is designated for industrial purposes on Schedule I-1 of the
County Official Plan
The above minimum separation distances shall also apply to the development of
Class I, II or III industrial facilities in proximity to existing noise sensitive land uses
located on lots in a Residential, Commercial or Institutional Zone.
(Replaced by By-Law 17-4949)
5.15.2
MEASUREMENT OF SEPARATION DISTANCE
The minimum separation distance specified in Section 5.15.1 shall be measured as
the shortest distance between the lot line of the lot containing the existing or
proposed sensitive land use and the lot line of the industrial or future development
zoned lot.
5.15.3
EXCEPTIONS
The minimum separation distances in 5.15.1 shall not prevent the construction of a
dwelling, provided that:
-
Such dwelling is located on an appropriately zoned lot in a registered plan
of subdivision, or an appropriately zoned lot created through consent; or
-
Such dwelling is located on an appropriately zoned lot of record, which is
not located within a registered plan of subdivision, and is located no closer
to any industrial use identified in Section 5.15.1 than one or more existing
sensitive land uses located on appropriately zoned lots, provided that such
uses are located between the lot to contain the proposed dwelling and the
identified industrial use.
SECTION 5.0
GENERAL PROVISIONS
Page 5-14
Town of Ingersoll Zoning By-Law Number 04-4160
5.16
NON-CONFORMING AND/OR NON-COMPLYING USES, SITES AND BUILDINGS
5.16.1
CONTINUATION OF EXISTING USES
The provisions of this By-Law shall not prevent the use of any lot, building or
structure for any purpose prohibited by this By-Law if such lot, building or
structure was lawfully used for such purpose on the date of passing of this By-Law,
and provided that it continues to be used for that purpose.
For the purpose of this By-law, a barn used for housing livestock shall be deemed
to comply with this provision, provided that it continues to be used to house the
same type of livestock as it did on the date of passing of the By-law.
5.16.2
NON-COMPLYING BUILDING LOCATION
Notwithstanding any of provisions of this By-Law to the contrary, a non-complying
building or structure, shall be deemed to comply with the relevant provisions of
this By-Law pertaining to setbacks from a street line, yards and lot coverage,
provided that no portion of any such building or structure encroaches on any
abutting road allowance or lot. Extensions or additions to any such building or
structure shall still be subject to the provisions of Section 5.16.6.
5.16.3
BUILDING PERMIT ISSUED
The provisions of this By-Law shall not apply to prevent the erection or use for a
purpose prohibited by this By-Law of any building or structure, the plans for which
have been approved prior to the date of passing of this By-Law, by the Chief
Building Official, so long as the building or structure when erected is used
and continues to be used for the purpose for which it was erected and provided the
erection of such building or structure is commenced within 6 months after the date
of passing of this By-Law.
5.16.4
STRENGTHENING OF NON-CONFORMING AND/OR NON-COMPLYING BUILDINGS
Nothing in this By-Law shall prevent the strengthening to a safe condition any non-
conforming and/or non-complying building or structure or part of any non-
conforming and/or non-complying building or structure provided that the alteration
or repair does not increase the height, size or volume of the building or structure or
change the use of the building or structure.
5.16.5
REPLACEMENT OF NON-CONFORMING AND/OR NON-COMPLYING BUILDINGS
Where a non-conforming and/or non-complying building or structure is damaged
or demolished due to an accidental cause, or is in poor state of repair, nothing in
this By-Law shall prevent the replacement of the non-conforming and/or non-
complying building or structure provided that:
SECTION 5.0
GENERAL PROVISIONS
Page 5-15
Town of Ingersoll Zoning By-Law Number 04-4160
5.16.5.1
the building or structure is occupied by the same use or by a permitted use;
5.16.5.2
the building or structure is located on or within the limits of the foundation walls
of the building or structure as they existed prior to such destruction;
5.16.5.3
the height and gross floor area of such replacement does not exceed the height and
gross floor area of the building as it existed prior to such destruction;
5.16.5.4
the building or structure does not encroach on a municipal road allowance; and
5.16.5.5
the building or structure is replaced and reoccupied within one year of such
destruction.
5.16.6
EXTENSIONS TO NON-COMPLYING BUILDINGS
Nothing in this By-law shall permit the extension or an addition being made to a
non-complying use, building or structure except where:
5.16.6.1
the extension or addition to a use, building or structure existing at the date of
passing of this By-Law is devoted to the same purpose and complies with the
regulations of the By-Law pertaining to the zone in which the use is located and
any other applicable regulations in this By-Law; and
5.16.6.2
Further to Section 5.16.6.1 and subject to other provisions of this By-law that apply,
where a use, building or structure was legally located or erected prior to the passing
of this By-Law, and is in a zone which this By-law does not otherwise permit the
location or erection of such use, building or structure, the provisions prescribed in
this By-Law for the zone listed in Column B below shall apply to the extension or
enlargement of, or addition to, a legal non-conforming use, building or structure as
listed in Column A below:
COLUMN A
COLUMN B
a single detached dwelling
R1
a semi-detached or duplex dwelling
R2
a multiple unit dwelling
R3
a street row dwelling
R3
an apartment dwelling
R4
any commercial use, building or structure
CC
any industrial use, building or structure
MG
any institutional use, building or structure
IN1
5.16.7
NON-COMPLIANCE DUE TO PUBLIC ACQUISITION
Where the area of a lot is reduced as a result of the public acquisition of a part of a
lot and where this acquisition causes any building or structure existing on the lot to
SECTION 5.0
GENERAL PROVISIONS
Page 5-16
Town of Ingersoll Zoning By-Law Number 04-4160
become non-complying relative to the zone provisions, then nothing in this By-Law
shall prevent the continued use of the building or structure provided that no
subsequent change is made to the lot which would increase the extent of the non-
compliance.
Where a vacant lot is reduced as a result of the public acquisition of part of the lot
such that the zone provisions relating to lot frontage, lot depth, and/or lot area
become non-conforming, then nothing in this By-Law shall prevent the erection of
a building provided that all other zone provisions are complied with.
5.17
OUTDOOR DISPLAY AND SALES AREAS
5.17.1
PERMITTED IN ALL COMMERCIAL ZONES
An outdoor display and sales area is a permitted use in all Commercial Zone
categories.
5.17.2
REGULATIONS
An outdoor display and sales area is subject to the following additional regulations:
(a)
it must not be located within any required parking area, sidewalk or facility
for pedestrian movement;
(b)
notwithstanding any required yard setbacks of the applicable zone, an
outdoor display and sales area may project to within 1.2 m (3.9 ft) of the
lot line provided that it is outside of any corner lot sight triangle
(c)
notwithstanding any provision of the applicable zone, an outdoor display
and sales area shall not be included in the calculation of gross floor area
or required parking spaces.
5.17.3
ENCROACHMENT INTO MUNICIPAL ROAD ALLOWANCE
Despite Section 5.17.2 an outdoor display and sales area may be permitted to
encroach on an improved street only where it will not interfere with pedestrian or
vehicular traffic and only with the written approval of the Corporation.
SECTION 5.0
GENERAL PROVISIONS
Page 5-17
Town of Ingersoll Zoning By-Law Number 04-4160
5.18
OUTDOOR PATIOS
5.18.1
OUTDOOR PATIOS PERMITTED
An outdoor patio is permitted where it is operated as part of an eating establishment,
place of entertainment, community centre, assembly hall or golf course listed as a
permitted use in the applicable zone provisions.
5.18.2
LOCATION
Any outdoor patio will be established in accordance with the following criteria:
(a)
an outdoor patio is prohibited in a required yard abutting a Residential and
Institutional Zone;
(b)
an outdoor patio is prohibited within any yards abutting a street if a
Residential Zone is located on the opposite side of the street; and
(c)
a terraced or rooftop patio is not permitted on any property abutting a
Residential Zone.
5.18.3
PARKING
The gross floor area of any outdoor patio shall be included for the purposes of
calculating required parking in accordance with Table 5.19.2.1.
5.18.4
ENCROACHMENT INTO REQUIRED YARDS
Despite any required yard setbacks of the applicable zone, an outdoor patio may
project to within 1.2 m (3.9 ft) of the lot line provided that the criteria of subsection
5.18.2 are complied with.
5.18.5
ENCROACHMENT INTO MUNICIPAL ROAD ALLOWANCE
An outdoor patio in the Central Commercial (CC) Zone may be permitted to
encroach on an improved street only where it will not interfere with pedestrian or
vehicular traffic and only where a valid encroachment agreement has been entered
into with the Corporation and remains in good standing.
5.19
PARKING PROVISIONS
5.19.1
GENERAL REQUIREMENTS FOR PARKING AREAS
5.19.1.1
OFF-STREET PARKING AREAS REQUIRED
SECTION 5.0
GENERAL PROVISIONS
Page 5-18
Town of Ingersoll Zoning By-Law Number 04-4160
Unless otherwise stated in this By-Law, motor vehicle parking spaces must be
provided on the same lot as the building to which such parking is associated in
accordance with the parking standards set out in Section 5.19.2.
5.19.1.2
MORE THAN ONE USE PER LOT
In a building or structure in which more than one use is located, the total
requirement for parking will be the sum of the requirements applied to each separate
use, unless otherwise expressly stated.
5.19.1.3
PARTS TO BE CONSIDERED AS REQUIRED SPACES
Where the application of the parking standards as set out in Section 5.19.2 results
in part of a parking space being required, such part will be considered as one
required space.
5.19.1.4
USE OF PARKING AREAS AND SPACES
5.19.1.4.1
All required parking spaces must be used exclusively for that purpose and must not
be used for any other purpose.
If one or more required parking spaces are to be provided in an attached or detached
garage, each space shall have a minimum width of 2.7 m (8.9 ft) and minimum
length of 5.5 m (18.0 ft) and shall remain unobstructed at all times.
5.19.1.4.2
Where a parking area or space is permitted or required under this By-Law, no
person shall use such area or space, in any zone, for parking any motor vehicle
unless such vehicle is operative, used in operations incidental to the permitted uses
in respect of which such parking area or space is provided, and bearing a motor
vehicle license plate which is currently valid.
5.19.1.4.3
COMMERCIAL MOTOR VEHICLES IN RESIDENTIAL OR ENTREPRENEURIAL ZONES
The parking of commercial motor vehicles is prohibited in Residential and
Entrepreneurial Zones.
(Replaced by By-Law 17-4949)
5.19.1.5
ACCESS TO PARKING SPACE
A parking space must have unobstructed access from a public street by either a
driveway or an aisle leading to a driveway.
SECTION 5.0
GENERAL PROVISIONS
Page 5-19
Town of Ingersoll Zoning By-Law Number 04-4160
5.19.1.7
DRIVEWAY STANDARDS
The following standards apply to driveways providing ingress and egress to parking
spaces:
5.19.1.7.1
MINIMUM WIDTH ONE-WAY ACCESS
Where the access to a parking space is provided directly by a driveway from a
public street, the driveway must be at least 3.0 m (9.8 ft) in width;
5.19.1.7.2
WIDTH OF JOINT ACCESS
Where a joint ingress and egress driveway is provided to a parking aisle, the
driveway width measured along the street line shall be at least 6.7 m (22 ft) in width
and no more than 9 m (29.5 ft) in width.
5.19.1.7.3
MAXIMUM DRIVEWAY WIDTH - RESIDENTIAL ZONES
Within a Residential Zone, a maximum of 50% of the front yard area or frontage
or exterior side yard may be occupied by a driveway.
TABLE 5.19.1.6 - PARKING SPACE AND PARKING AISLE STANDARDS
Motor vehicle parking spaces and parking aisles shall comply with the standards set out in Table
5.19.1.6 and be in accordance with Schedules "C-1 and C-2" of this By-Law.
Angle of the Parking
Spaces
Minimum Perpendicular
Width of the Aisle
Depth of Parking
Space
Width of Parking
Space
30 degree
3.4 m (11.2 ft)
4.6 m (15.1 ft)
for cars parked side
by side 2.7 m
(8.9 ft), for cars
parked with wall or
fence adjacent 3 m
(9.8 ft)
45 degree
3.7 m (12.1 ft)
5.5 m (18.0 ft)
55 degree
4.3 m (14.1 ft)
5.8 m (19.0 ft)
60 degree
4.9 m (16.1 ft)
5.8 m (19.0 ft)
65 degree
5.2 m (17.1 ft)
5.8 m (19.0 ft)
70 degree
5.5 m (18.0 ft)
5.8 m (19.0 ft)
90 degree
6.7 m (22.0 ft)
5.5 m (18.0 ft)
parallel parking
4 m (13.1 ft) for one way
traffic and 6 m (19.7 ft) for
two way traffic
6.5 m (21.3 ft)
angle other than those
listed
shall meet the requirements for the angle of
parking which is greater than the angle being
provided
SECTION 5.0
GENERAL PROVISIONS
Page 5-20
Town of Ingersoll Zoning By-Law Number 04-4160
5.19.1.7.4
NUMBER OF DRIVEWAYS PERMITTED
Every lot shall be limited to not more than 2 driveways up to the first 30 m (98.4 ft)
of frontage; and not more than 1 additional driveway for each additional 30 m (98.4
ft) of frontage.
5.19.1.7.5
DISTANCE FROM INTERSECTION
The minimum distance between a driveway and an intersection of street lines is
7.5 m (24.6 ft).
5.19.1.7.6
DRIVEWAYS RESIDENTIAL ZONES
All driveways, parking aisles, parking areas and parking spaces associated with a
residential use shall be improved with a granular base and will have either concrete
or asphalt surface and shall include provisions for drainage facilities.
(Added by By-Law 17-4949)
5.19.1.8
PARKING AREA SURFACE
Each parking area and driveway connecting the parking area with a street shall be
maintained with a stable surface which is treated so as to prevent the raising of dust
or loose particles. They shall, before being used, be constructed of crushed stone,
slag, gravel, recycled asphalt, crushed brick (or tile), cinders, asphalt or concrete.
5.19.1.9
ADDITIONS TO BUILDINGS
The parking area requirements referred to herein shall not apply to any building in
existence at the date of passing of this By-Law so long as the floor area, as it existed
at such date, is not increased, and the building or structure is used for a purpose
which does not require more parking spaces according to subsection 5.19.2 of this
By-Law than were required by its use at the date of passing of this By-Law. If an
addition or change of use is made to a building or structure as it existed at the date
of passing of this By-Law, then additional parking spaces shall be provided to the
number required for such addition or change in use.
5.19.2
MOTOR VEHICLE PARKING STANDARDS
5.19.2.1
OFF-STREET PARKING REQUIRED
Off-street parking for motor vehicles must be provided as set out in Table 5.19.2.1.
SECTION 5.0
GENERAL PROVISIONS
Page 5-21
Town of Ingersoll Zoning By-Law Number 04-4160
TABLE 5.19.2.1 - PARKING STANDARDS
Land Use
Category
Number of Vehicle Parking
spaces Required
Residential Uses
single detached dwelling
duplex dwelling
semi-detached dwelling
mobile home
street fronting townhouse
dwelling
2 per dwelling unit
home occupation, except a bed
and breakfast establishment
1 space
bed and breakfast
establishment
boarding or lodging house
1 per guest room
garden suite
1 per garden suite
Additional residential unit
1 per dwelling unit
residential unit in a portion of
a non-residential building
multiple unit dwelling
apartment dwelling
converted dwelling
1.5 per dwelling unit
Business Uses
commercial school
financial institution
laundromat
personal service establishment
retail store
service shop
studio
1 per 20 m2 (215.3 ft2) of gross
floor area
eating establishment
1 per 9 m2 (96.9 ft2) of gross
floor area
funeral home
20 for the first 50 m2 (538.2 ft2)
of gross floor area plus 1 for
each additional 1.5 m2
(16.1 ft2) of gross floor area
used for a chapel or public
visitation area.
wholesale establishment
1 per 90 m2 (968.8 ft2) of gross
floor area
SECTION 5.0
GENERAL PROVISIONS
Page 5-22
Town of Ingersoll Zoning By-Law Number 04-4160
TABLE 5.19.2.1 - PARKING STANDARDS
Land Use
Category
Number of Vehicle Parking
spaces Required
hotel or motel
1.2 per guestroom
Office Uses
business or professional office
government administrative
offices
1 per 20 m2 (215.3 ft2) gross
floor area
animal kennel
medical centre
veterinary clinic
Minimum of 4 spaces or 6.0
per 100 m2 (1,076 ft2) gross
floor area, whichever is greater
Industrial Uses
truck transportation terminal
1 per 100 m2 (1,076.4 ft2) gross
floor area
warehouse
1 per 185 m2 (1,991,4 ft2) of
gross floor area
all other industrial uses
5 plus 1 per 90 m2 (968.8 ft2)
of gross floor area
Institutional Uses
place of worship
1 for every 5 seats capacity, or
1 for each 10 m2 (107.6 ft2) of
gross floor area used for a hall
or auditorium, whichever is
greater.
hospital
1 per 3 beds or fraction thereof
school
1 per classroom, or 1 per 10 m2
(107.6 ft2) of floor area in the
gymnasium or auditorium,
whichever is greater.
long term care facility
1 per 3 beds or fraction thereof
group home
4 spaces
Leisure and
recreation type
uses
museum
library
recreational or athletic facility
1 per 20 m2 (215.3 ft2) of gross
floor area. Playing areas for
squash, tennis, handball and
badminton courts are to be
excluded for the purposes of
calculating parking.
SECTION 5.0
GENERAL PROVISIONS
Page 5-23
Town of Ingersoll Zoning By-Law Number 04-4160
TABLE 5.19.2.1 - PARKING STANDARDS
Land Use
Category
Number of Vehicle Parking
spaces Required
arena or community centre
assembly hall
fraternal lodge or institutional
hall
place of entertainment
1 per 10 m2 (107.6 ft2) of gross
floor area or 1 space for every
4 seats whichever is greater
bowling alley
4 per lane
curling facility
4 per curling sheet
Other Uses
All other uses permitted by
this By-Law other than those
listed in this table
1 per 40 m2 (430.6 ft2) of gross
floor area
(Amended by By-Law 24-5318)
5.19.2.2
ACCESSIBLE PARKING
5.19.2.2.1
Accessible parking spaces for all non-residential and multiple residential uses
including, an apartment dwelling, a boarding or lodging house, and a multiple unit
dwelling shall be provided in compliance with the provisions of this subsection:
5.19.2.2.2
For the purpose of this subsection:
(i)
a Type A parking space shall comprise an unobstructed rectangular area
with a minimum width of 3.4 m and a minimum length of 5.5 m; and
(ii)
a Type B parking space shall comprise an unobstructed rectangular area
with a minimum width of 2.7 m and a minimum length of 5.5 m.
5.19.2.2.3
Each accessible parking space must maintain a 1.5 m wide access aisle along the
entire length of the parking space as illustrated on Schedule "H". Where two or
more accessible parking spaces are required in accordance with the provisions
contained in Table 5 - Designated Accessible Parking Space Regulations, an access
aisle may be shared between accessible parking spaces.
5.19.2.2.4
REQUIRED NUMBER OF ACCESSIBLE PARKING SPACES
In addition to the requirements set out in Table 5.19.2.1 - Parking Standards,
accessible parking spaces for non-residential and multiple residential uses shall be
provided in compliance with Section 5.19.2.2.1 and Table 5.19.3 - Designated
Accessible Parking Space Regulations.
(Deleted and Replaced by By-Law 24-5329)
SECTION 5.0
GENERAL PROVISIONS
Page 5-24
Town of Ingersoll Zoning By-Law Number 04-4160
TABLE 5.19.3: - DESIGNATED ACCESSIBLE PARKING SPACE REGULATIONS
Total Number Of
Required Vehicle
Parking Spaces
Minimum Number of
Required Accessible
Spaces
Type A Spaces
Type B
Spaces
1 - 12
1
1
0
13 - 100
4% of total required
parking spaces
Where an even number of accessible
parking spaces are required, an equal
number of Type A and Type B
spaces must be provided.
Where an odd number of total
accessible parking spaces are
required, the additional space may be
a Type B space.
101 - 200
3% of total required
parking spaces + 1
201 - 1,000
2% of total required
parking spaces + 2
1,001 or greater
1% of total required
parking spaces + 11
Where a part of an accessible space is determined to be required, the provisions of
Subsection 5.19.1.3 will apply.
(Amended by By-Law17-4949)
5.19.2.2.5
LOCATION OF ACCESSIBLE PARKING SPACES
Accessible parking spaces shall be provided and maintained on the same lot in
proximity to the main entrances to a building or structure.
(Replaced by By-Law17-4949)
5.19.2.3
TANDEM PARKING
Where parking is provided at the dwelling unit in an individual driveway, the
required parking for that dwelling may be provided by a tandem parking space.
5.19.2.4
VISITOR PARKING
In addition to the requirements set out in Table 5.19.2.1, where there are more than
10 residential units, visitor parking spaces for motor vehicles must be provided at
the rate of 1 space for every 10 required parking spaces.
(Added by By-Law 17-4949)
SECTION 5.0
GENERAL PROVISIONS
Page 5-25
Town of Ingersoll Zoning By-Law Number 04-4160
5.19.3
LOCATION OF PARKING AREAS
5.19.3.1
YARDS AND SETBACKS
Motor vehicle parking areas must be situated in accordance with the requirements
set out in Table 5.19.4.
TABLE 5.19.4 - LOCATION AND SETBACK REQUIREMENTS FOR PARKING AREAS
Zones
Yards Where
Parking is
Permitted
Setback of Parking From:
Street
Line
Interior
Side Lot
Line
Rear
Lot Line
Residential Zone, units
with individual driveways
All yards
1.0 m
(3.3 ft)
---
---
Residential Zone, units
without individual
driveways
Interior side yard
Rear yard
---
1.5 m
(4.9 ft)
1.5 m
(4.9 ft)
Commercial, Institutional,
Industrial, Development,
Open Space and all mixed
use Zones
All yards
1.0 m
(3.3 ft)
1.5 m
(4.9 ft)
1.5 m
(4.9 ft)
(Amended by By-Law17-4949)
5.19.3.2
PARKING SPACE LOCATION ON OTHER LOT
Where the owner of a building or structure proposes to provide the required parking
spaces and areas at a location other than on the same lot as the use that requires
such spaces and areas, then such spaces and areas shall be located not more than
150 m (492.1 ft) from the said lot and shall be located within the same zone as the
said lot and held under the same ownership. A site plan agreement shall be
registered on the title of the lands used for off-site parking, committing those spaces
to the related use.
5.19.4
QUEUE SPACE REQUIREMENTS
Where any of the uses permitted by this By-Law offer drive-through service, off-
street motor vehicle queue spaces leading to and from the drive-through service
must be provided in accordance with Table 5.19.5.
SECTION 5.0
GENERAL PROVISIONS
Page 5-26
Town of Ingersoll Zoning By-Law Number 04-4160
TABLE 5.19.5: REQUIRED VEHICLE QUEUE SPACE
Land Use
Required Number of Spaces
Automated Bank Machine situated
on the exterior of a building or free-
standing kiosk.
3 before each Automated Bank
Machine
Automobile Service Station/Public
Garage
3 before each service bay
1 at service bay exit if a through-
bay
Motor vehicle Washing
Establishment
3 before each wash bay
2 after each wash bay
Eating Establishment
7 before order board
4 between order board and pick-up
window
2 after pick-up window
Convenience Retail or Service
Establishment
2 before service window
(Deleted and Replaced by By-Law 24-5329)
5.19.4.1
All required queue spaces must be provided in accordance with the following
design standards:
(a)
The minimum dimensions for each queue space must be 3.0 m (9.8 ft) in
width and 6.0 m (19.7 ft) in length;
(b)
Queue spaces must be arranged in a single waiting line in advance and
behind the drive-through service window offered in accordance with Table
5.19.5;
(c)
A minimum inside turning radius for queue spaces forming a waiting line
is 7.0 m (23.0 ft);
(d)
Queue spaces forming a waiting line must be unobstructed by parking
spaces or loading spaces and must be clearly delineated by markings and
barriers;
(e)
Queue spaces forming a waiting line or storage space from the service
offered cannot form part of a parking aisle providing access to a parking
space; and
(f)
Queue spaces shall not be located in a required yard abutting a Residential
Zone or Entrepreneurial Zone.
SECTION 5.0
GENERAL PROVISIONS
Page 5-27
Town of Ingersoll Zoning By-Law Number 04-4160
5.19.5
EXCEPTIONS - PARKING SPACE REQUIREMENTS
Provisions of Section 5.19.2.1 shall not apply to require the establishment of
parking spaces in areas for non-residential use other than a motel or hotel in the
following area:
Core Area
-
On the west, bounded by the west limit of Oxford Lane and the rear lot line
of those lots having frontage on the west side of Oxford Street and its
projection;
-
On the south, bounded by the rear lot line of lots fronting on the south side
of King Street;
-
On the east, bounded by the west limit of Mill Street and its projection to
the C.P.R. right-of-way; and
-
On the north bounded by the south limit of the C.P.R. Right-of-way.
5.19.6
ATTACHED PRIVATE GARAGES AND CARPORTS FOR SINGLE DETACHED, SEMI-
DETACHED, DUPLEX AND TOWNHOUSE DWELLINGS
5.19.6.1
Attached Private Garage or Carport Provisions
Where a private garage or carport is attached to a dwelling unit it shall not be
considered an accessory building and it shall comply with the yard and area
requirements of the residential or entrepreneurial zone in which the use is located
and the following requirements and restrictions:
(a)
In no case shall the width of a private garage attached to a single
detached or duplex dwelling exceed 60% of the width of the front
façade closest to the street at ground level;
(b)
a carport or garage door opening shall not be located closer than 6 m
(19.7 ft.) from the front or exterior lot line; and,
(c)
the interior space of a private garage shall maintain a rectangular area
not less than 2.7 m (8.9 ft.) wide, 5.5 m (18 ft.) long, and 2.1 m (6.9
ft.) in height and shall be unobstructed area with the exception of one
stair.
(Added by By-Law 24-5329)
SECTION 5.0
GENERAL PROVISIONS
Page 5-28
Town of Ingersoll Zoning By-Law Number 04-4160
5.20
PLANTING STRIPS
5.20.1
REQUIREMENTS FOR NON-RESIDENTIAL USES
5.20.1.1
Where a lot is used for any non-residential purpose and the interior side or rear lot
line abuts a residential use or undeveloped land in a Residential Zone or
Development Zone then a strip of land adjoining such abutting lot line, or portion
thereof, shall be used for no other purpose than a planting strip in accordance with
the provisions of this section.
5.20.1.2
Where such lot is in an Industrial Zone and the front, side or rear lot line abuts a
portion of a street, the opposite side of which portion of the street abuts a residential
use or undeveloped land in a Residential Zone or Development Zone,
then a strip of land adjoining such abutting lot line, or portion thereof, shall be used
for no other purpose than planting in accordance with the provisions of this section.
5.20.2
WIDTH
Where a planting strip is required in any zone and consists of landscaping or a
landscaped earthen berm, the planting strip shall have a minimum width of 3.0 m
(9.8 ft). A planting strip consisting of a privacy fence or wall shall have a minimum
width of 1.0 m (3.3 ft).
5.20.3
CONTENTS
A planting strip shall be used for no other purpose than for a row of trees, a
continuous hedgerow of evergreens or shrubs, a berm, a wall, or a privacy fence,
not less than 1.5 m (4.9 ft) high, immediately adjacent to the lot line or portion
thereof along which such planting strip is required hereunder, arranged in such a
way as to form a dense or opaque screen; with the remainder of the strip used for
shrubs, flower beds or grass, ground cover or a combination thereof.
5.20.4
DRIVEWAYS AND WALKS
In all cases where the ingress and egress of a driveway and/or walk extend through
a planting strip, it shall be permissible to interrupt the planting strip within 3.0 m
(9.8 ft) of the edge of said driveway and within 1.5 m (4.9 ft) of the edge of said
walks.
5.20.5
LANDSCAPED OPEN SPACE
A planting strip referred to in this section may form part of any landscaped open
space required by this By-Law.
SECTION 5.0
GENERAL PROVISIONS
Page 5-29
Town of Ingersoll Zoning By-Law Number 04-4160
5.21
PROHIBITED USES
No person shall, within the zoned area, use any land or construct, alter or use any
building or structure for any of the following purposes:
-
an arsenal;
-
cement, lime or sulfur works;
-
coke manufacture;
-
distilling bones, blood boiling, bone boiling, tripe boiling or extracting fish from oil;
-
fat, grease, lard or tallow rendering or refining but not including the manufacture of
soap;
-
incineration or reduction of dead animals or offal;
-
kerosene refining;
-
manufacturing or storing of explosives, ammunition or fireworks;
-
a metal smelting use;
-
open storage, except where specifically listed as a permitted use;
-
petroleum refining;
-
a rendering plant;
-
a sand or gravel pit, other than a wayside sand or gravel pit;
-
a tannery for the curing and storing of rawhide, skins, leather or hair;
-
wool pulling or wool scouring;
-
any trade, business or manufacture which is deemed to be an offensive trade within
the meaning of the Health Protection and Promotion Act, RSO, 1990.
(Deleted and Replaced by By-law 24-5329)
5.22
PUBLIC USES
5.22.1 PUBLIC SERVICES
The provisions of this By-Law shall not apply to the use of any lot or to the erection
or use of any building or structure for the purpose of providing public services:
(i)
by the Corporation or the County as defined by The Municipal Act, R.S.O.
1990, as amended;
(ii)
by any utility system operated by the Corporation or another body on behalf
of the Corporation which provides said utility to the residents on behalf of
the Corporation and possesses all the necessary rights, licenses and
franchise;
(iii)
by any gas, oil or water pipeline, telephone line, cable television line or any
similar utility service including any substation, transformer, regulator,
compressor or similar utility service building or structure;
(iv)
by any Conservation Authority established by the Government of Ontario;
(v)
by any department of the Government of Ontario or Canada;
SECTION 5.0
GENERAL PROVISIONS
Page 5-30
Town of Ingersoll Zoning By-Law Number 04-4160
(vi)
by any public utility or agency operating an electrical distribution facility,
but shall not include electrical or other power generation;
(vii)
for any use permitted under The Canada Transportation Act (Part III -
Railway Transportation) or any other statute of Ontario or Canada
governing railway operations, including tracks, spurs and other railway
facilities.
provided that where such lot, building or structure is located in any zone, the
following provisions shall apply:
5.22.1.1
No goods, material or equipment shall be stored in the open, except as permitted in
such zone;
5.22.1.2
Any height of building, yard, planting strips, parking, loading, setback and lot
coverage provisions of the zone within which the use is located shall be complied
with.
Where the use is in a building, that building must have a form and appearance that
is in general harmony with the buildings and structures permitted within the
Residential zone in which it is located.
When public use equipment is located on a lot and is not enclosed, and is greater
than 1.4 m (4.6 ft.) in height, such equipment shall:
Be screened on all sides by an opaque fence and/or wall of a minimum height equal
to the height of the utility service equipment to a maximum of 4.0 m (13.1 ft), or a
buffer approved pursuant to the Site Plan Control provisions of The Planning Act.
1.
Not be permitted within 6.0 m (19.7 ft.) of either a lot in a Residential Zone
or a lot line abutting a street.
Notwithstanding the yard and setback provisions of this By-Law to the contrary,
for public water and sewage facilities in any zone, the following provisions shall
apply:
5.22.1.2.1
FRONT, REAR, AND SIDE YARDS
Minimum Depth
1.2 m (3.9 ft)
5.22.2
STREETS AND INSTALLATIONS
Nothing in this By-Law shall prevent land to be used as a street or prevent the
installation of a watermain, sanitary sewer main, storm sewer main, gas main, valve
or meter, pipe line, lighting fixtures, group mail boxes, bus shelters or overhead or
underground hydro, telephone or other supply line or communication line or tower
SECTION 5.0
GENERAL PROVISIONS
Page 5-31
Town of Ingersoll Zoning By-Law Number 04-4160
provided that the location of such main, line, tower or fixture has been approved by
the Corporation and/or the County.
5.22.3
EXCEPTIONS
5.22.3.1
Where in this By-Law under the heading of "USES PERMITTED", a use is
specifically permitted in a zone, which use without such reference thereto would be
permitted in any zone pursuant to the provisions of subsection 5.22.1, then such use
shall be deemed to be permitted only within the zone or zones making
such specific reference thereto and the said subsection 5.22.1 shall not apply to such
use.
5.22.3.2
Notwithstanding anything in this By-Law to the contrary, new infrastructure or
utilities will only be permitted within any zones or environmental protection
overlay corresponding to the Open Space and Environmental Protection
designations within the County of Oxford Official Plan, Significant Valleylands
and Fish Habitat, if they have first been approved through an environmental
assessment process.
5.23
SATELLITE DISHES
Satellite dish antennae are permitted in any Zone provided that:
a)
satellite dish antennae do not exceed a diameter of 0.6 m (2 ft.) in any
Residential Zone:
b)
ground mounting within the front yard or exterior side yard of a lot in any
Residential Zone is prohibited; and
c)
minimum yard requirements of the applicable zone are met.
5.24
SIGHT TRIANGLES
On a corner lot within the triangular space formed by the street lines and a line
drawn from a point on one street line to a point in the other street line, each such
point being 9.0 m (29.5 ft), measured along the street line from the point of
intersection of the street lines, no building, structure, planting or vehicle shall be
located in such a manner as to impede vision between a height of 0.6 m (2 ft) and
3.0 m (9.8 ft) above the centreline grade of the intersecting streets.
Where the two street lines do not intersect at a point, the point of intersection of the
street lines shall be deemed to be the intersection of the projection of the street lines
or the intersection of the tangents to the street lines.
SECTION 5.0
GENERAL PROVISIONS
Page 5-32
Town of Ingersoll Zoning By-Law Number 04-4160
5.25
SIGNIFICANT ENVIRONMENTAL FEATURES
5.25.1
ENVIRONMENTAL PROTECTION 1 OVERLAY
The Environmental Protection 1 (EP1) Overlay shall apply to lands containing the
following Provincially Significant Environmental Features which are identified in
the County Official Plan:
Significant Habitat of Endangered or Threatened Species;
Significant Wildlife Habitat;
Significant Wetlands.
5.25.1.1
IDENTIFICATION OF THE OVERLAY
The EP1 Overlay corresponds to the features listed in Section 5.25.1 and is
identified on Schedule "A" of this By-Law. Section 2.7 of this By-Law provides
an explanation for the interpretation of these overlay areas.
5.25.1.2
PERMITTED USES
Notwithstanding the provisions of the underlying zone, no development or site
alteration shall be permitted within an EP1 Overlay, except for a use which legally
existed on the date of passing of this By-Law, provided that no additional
development or site alteration shall be permitted, except as specified in Section
5.25.1.3; and
All other uses not listed above shall be prohibited within the area of the EP1
Overlay.
Within the EP1 Overlay, the harvest of timber in conformity with the County
Woodland Conservation By-Law shall be permitted in accordance with the
Environmental Protection Area policies of the County of Oxford Official Plan.
5.25.1.3
EXISTING USES, BUILDINGS AND STRUCTURES
Any building or structure which legally existed at the date of passing of this By-
Law may be replaced, rebuilt or altered, provided that any such replacement,
rebuilding or alteration thereto does not enlarge the gross floor area of such
building or structure by more than 25%. Any such replacement, rebuilding or
alteration shall take place within the area of the original building foundation. Any
portion of a use that legally existed at the date of passing of this By-Law and is not
located within existing buildings or structures shall only be permitted within
existing cleared areas.
SECTION 5.0
GENERAL PROVISIONS
Page 5-33
Town of Ingersoll Zoning By-Law Number 04-4160
Notwithstanding the above paragraph, a covered or uncovered deck, stoop and/or
landing may be attached to a residential dwelling existing at the date of passing of
this By-Law, or to any residential dwelling that has been replaced, rebuilt or
otherwise altered in accordance with the above paragraph. Any such covered or
uncovered deck, stoop and/or landing shall be constructed in accordance with
Section 5.34 and shall not exceed 23.2 m2 (250 ft2) in area.
5.25.1.4
ALL OTHER ZONE PROVISIONS APPLY
All other zone provisions of the underlying zone shall continue to apply within the
EP1 Overlay areas.
5.25.2
ENVIRONMENTAL PROTECTION 2 OVERLAY, SIGNIFICANT VALLEYLANDS AND
FISH HABITAT
The Environmental Protection 2 (EP2) Overlay shall apply to lands containing the
following Significant Environmental Features that are identified in the County
Official Plan:
-
Significant Valleylands;
-
Significant Woodlands;
-
Areas of Natural and Scientific Interest for the Life Sciences;
-
Significant Wildlife Habitat;
-
Fish Habitat shall consist of all watercourses, ponds, lakes and reservoirs
within the Town.
Until Significant Valleylands have been defined through study, they will be defined
as the lands associated with the Regulatory Flood Plain and erosion hazard lands
established by the Upper Thames River Conservation Authority.
5.25.2.1
IDENTIFICATION OF THE EP2 OVERLAY, SIGNIFICANT VALLEYLANDS AND FISH
HABITAT
The EP2 Overlay corresponds to the features listed in Section 5.25.2 and is
identified on Schedule "A" of this By-Law. Section 2.7 of this By-Law provides an
explanation for the interpretation of these overlay areas.
Fish Habitat corresponds to the water features listed in Section 5.25.2.
Significant Valleylands correspond to the Regulatory Flood Plain and erosion
hazard lands as indicated in Section 5.2452
SECTION 5.0
GENERAL PROVISIONS
Page 5-34
Town of Ingersoll Zoning By-Law Number 04-4160
5.25.2.2
PERMITTED USES
Notwithstanding the provisions of the underlying zone, no person shall within any
EP2 Overlay, Significant Valleylands, or Fish Habitat, use any lot or erect, alter or
use any building or structure for any purpose except one or more of the following
uses:
- a public use authorized through an environmental assessment process;
- a use which legally existed on the date of passing of this By-Law, provided that
no additional development or site alteration shall be permitted, except as
specified in 5.25.2.3;
- a building or structure used for flood or erosion control purposes, or for the
management of the natural environment, as approved by the Corporation, the
County, the Upper Thames River Conservation Authority and the Ministry of
Natural Resources;
- a passive use park, approved by the Corporation and the County, in consultation
with the Upper Thames River Conservation Authority;
- a farm on existing cleared areas within a Development or Industrial Zone
including the land application of nutrients, in accordance with The Nutrient
Management Act; and
- a conservation project.
All other uses not explicitly listed above shall be prohibited within the area of the
EP2 Overlay, Significant Valleylands and Fish Habitat areas.
5.25.2.3
EXISTING USES, BUILDINGS AND STRUCTURES
Any building or structure which legally existed at the date of passing of this
By-Law may be replaced, rebuilt or altered, provided that any such replacement,
rebuilding or alteration thereto does not enlarge the gross floor area of such
building or structure by more than 25% and is located within an existing cleared
area. Any portion of a use that legally existed at the date of passing of this By-Law
and is not located within an existing building or structure shall only be permitted
within existing cleared areas.
5.25.2.4
ALL OTHER ZONE PROVISIONS APPLY
All other zone provisions of the underlying zone shall continue to apply within the
EP2 Overlay areas, Significant Valleylands and Fish Habitat.
SECTION 5.0
GENERAL PROVISIONS
Page 5-35
Town of Ingersoll Zoning By-Law Number 04-4160
5.25.3
DISTANCE
FROM
THE
EP1
OVERLAY, EP2
OVERLAY,
SIGNIFICANT
VALLEYLANDS AND FISH HABITAT WHERE AN ENVIRONMENTAL IMPACT STUDY
IS REQUIRED
5.25.3.1
Development, site alteration and stockpiling of materials within 120 m (393.7 ft)
of the EP1 Overlay must comply with the Environmental Impact Study
Requirements of the County of Oxford Official Plan.
Notwithstanding the above, buildings or structures accessory to an existing
dwelling located within the EP1 Overlay or within 120 m (393.7 ft) of the EP1
Overlay, may be permitted within 120 m (393.7 ft) of the EP1 overlay without an
Environmental Impact Study, in accordance with the provisions of Section 5.1 of
this By-Law, pertaining to accessory residential buildings and structures.
5.25.3.2
Development, site alteration and stockpiling of materials within 50 m (164.0 ft) of
the EP2 Overlay, Significant Valleylands, or edge of Fish Habitat, except for those
uses permitted in Section 5.25.2.2, must comply with the Environmental Impact
Study Requirements of the County Official Plan.
Notwithstanding the above, buildings and structures accessory to an existing
dwelling within the EP2 Overlay or within 50 m (164.0 ft) of the EP2 overlay or
Fish Habitat shall be permitted in accordance with the provisions of Section 5.1 of
this By-Law pertaining to accessory residential building and structures.
5.25.4
PERMITTED USES
All of the uses of the underlying zone are permitted within the distances specified,
subject to the provisions of an Environmental Impact Study undertaken by the
applicant pursuant to the Environmental Impact Study policies of the County of
Oxford Official Plan. Notwithstanding this provision, an Environmental Impact
Study will not be required if an exemption is granted under the Environmental
Impact Study policies of the County Official Plan.
5.25.5
ZONE REQUIREMENTS
All other zone provisions of the underlying zone shall continue to apply within
these areas, unless the Environmental Impact Study recommends new provisions.
Where new provisions are recommended by an Environmental Impact Study, a
Zoning By-Law amendment shall be required to incorporate such provisions into
this By-Law.
5.26
SITE PLAN CONTROL
Where uses located within any of the zones described in this By-Law are also within
an area designated by By-Law as being subject to Site Plan Control, pursuant to
The Planning Act, R.S.O. 1990, as amended, such uses shall be subject to the
SECTION 5.0
GENERAL PROVISIONS
Page 5-36
Town of Ingersoll Zoning By-Law Number 04-4160
provisions of the zone as well as any requirements of the Town of Ingersoll's Site
Plan Control By-Law and associated guidelines, as amended.
5.27
SITES OF POTENTIAL ENVIRONMENTAL CONTAMINATION
Sites of potential environmental contamination include sites presently or formerly
used for industrial, utility or waste disposal, a landfill site, or a salvage yard.
Known sites will be placed in a Holding Zone pursuant to Section 36 of The
Planning Act, as amended. A Zoning By-Law amendment will be required to
remove the "H" symbol.
5.28
SLOPE AND EROSION HAZARD AREA RESTRICTIONS
Notwithstanding the provisions of the underlying zone, no new buildings or
structures shall be permitted within areas identified as being within the one hundred
year erosion limit adjacent to ravines, river valleys and streams. Such erosion limits
shall be established by the Upper Thames River Conservation Authority.
5.29
STREET FRONTAGE REQUIRED
No building or structure shall be erected, altered or enlarged on any lot which does
not have the minimum lot frontage on an improved street required for the zone
which applies to the lot.
In the case of a parcel of land for which a Development Agreement, Subdivision
Agreement and/or a Site Plan or any one of them that has been approved and
registered against title pursuant to Section 41 or Section 50 of The Planning Act,
R.S.O. 1990, c. P.13, as amended from time to time, then the single parcel of land
to which the Development Agreement and/or plan applies shall be deemed to be the
lot for application of this Section, notwithstanding that part of the parcel may be in
separate ownership; does not otherwise satisfy the definition of a lot; or does not
abut an improved street.
5.30
STORAGE OR PARKING OF RECREATIONAL VEHICLES IN RESIDENTIAL ZONES
5.30.1
No person shall in any Residential Zone use any lot for the parking or storage of
any recreational vehicle except in accordance with the following provisions:
5.30.1.1
The owner or occupant of any lot, building or structure in any Residential Zone
may store or park not more than two recreational vehicles.
5.30.1.2
The recreational vehicle must be stored within a detached or attached private
garage or carport or in the rear yard or the interior side yard provided that such
SECTION 5.0
GENERAL PROVISIONS
Page 5-37
Town of Ingersoll Zoning By-Law Number 04-4160
recreational vehicle is located no closer than 1 m (3.3 ft) to the rear lot line or
interior side lot line.
5.30.1.3
The recreational vehicle may be parked or stored on a residential driveway in any
front yard or exterior side yard between April 15th and October 15th. The
recreational vehicle may be parked in a required parking space on the residential
driveway. At any other time, such parking or storage is permitted only according
to Section 5.30.1.2.
5.30.2
FULLY ENCLOSED
Notwithstanding the provisions of subsection 5.30.1 of this By-Law, the limitations
imposed therein shall not restrict the number of such recreational vehicles that are
fully enclosed within a detached or attached private garage.
5.30.3
OCCUPANCY
No recreational vehicle as defined in this By-Law shall be used for permanent
home occupancy while stored on any lot.
5.31
THROUGH LOTS
Where a lot which is not a corner lot as defined herein has frontage on more than
one street, the setback and front yard depth requirements of this By-law shall apply
on each street in accordance with the zone or zones which apply to such lot.
(Replaced by By-Law 17-4949)
5.32
TWO ZONE FLOOD PLAIN AREA
5.32.1
EXTENT OF THE TWO ZONE FLOOD PLAIN AREA
In keeping with the Provincial Policies relating to the regulation of development in
Flood Plain Areas a Two Zone Flood Plain Policy has been adopted for areas of
existing development identified on Schedule "A" of this By-law. Lands within the
flood plain in the Two Zone Policy Area will be divided into two zones - the
Floodway and Flood fringe defined as follows:
5.32.2
FLOODWAY
The floodway is the hazardous portion of the flood plain where flood depths and/or
velocities are considered to be such that they pose a significant threat to life and/or
property. The floodway is that area of the flood plain required for the safe passage
of flood flows. In this circumstance, the floodway was determined by the Upper
SECTION 5.0
GENERAL PROVISIONS
Page 5-38
Town of Ingersoll Zoning By-Law Number 04-4160
Thames Conservation Authority based on depth or a combination of depth and
velocity parameters.
5.32.3
FLOOD FRINGE
The flood fringe is the portion of the flood plain between the limits of the floodway
as established by the Upper Thames Conservation Authority and the Regulatory
Floodline establishing the limits of the flood plain. Flood depth and velocity is
generally less severe in this portion of the flood plain.
5.32.4
PERMITTED USES
The use of the Two Zone Flood Plain concept for lands identified on Schedule "A"
to this By-law may allow for some development within the flood fringe areas of
the flood plain that can be safely developed. Development in the flood fringe will
be restricted to infilling, redevelopment, replacement and additions or
alterations of existing buildings and structures as of the date of adoption of this By-
law. Such development will be in conformity with the underlying land use
designation identified in the County Official Plan. Development and site alteration
will not be permitted within a floodway as per the policies of the One Zone Flood
Plain framework.
5.32.5
CRITERIA FOR DEVELOPMENT IN THE FLOOD FRINGE
Prior to permitting development on lands identified in Schedule "A" to this By-law
as being within the flood fringe, the Corporation will be assured that the following
criteria are addressed:
5.32.6
FILL, ALTERATION, CONSTRUCTION PERMIT
A permit is issued by the Conservation Authority with jurisdiction under the Fill,
Construction and Alteration to Waterways Regulation.
5.32.7
FLOODPROOFING
All development is suitably floodproofed to the Regulatory Flood Level to the
satisfaction of the Upper Thames River Conservation Authority.
5.32.8
HABITABLE FLOOR SPACE
All habitable floor space will be constructed above the Regulatory Flood Elevation
and all essential building services, for example, telephone, electrical, heating will
be constructed above or protected to the Regulatory Flood Levels.
SECTION 5.0
GENERAL PROVISIONS
Page 5-39
Town of Ingersoll Zoning By-Law Number 04-4160
5.32.9
UNINHABITABLE FLOOR SPACE
The creation of uninhabitable floor space associated with multiple unit residential,
commercial, industrial or other non-residential development may be permitted
below the Regulatory Flood Elevation. Such areas in multiple unit residential
development may include foyers, recreation rooms, laundry rooms, storage areas
or other uninhabitable floor space typically associated with such development. All
such floor space will be floodproofed to the Regulatory Flood Level.
5.32.10
INGRESS/EGRESS
Ingress/egress for all new buildings occupied on a temporary or permanent basis
located in the flood fringe shall be such that vehicular and pedestrian movement is
not prevented in the case of flooding in order that safe access or evacuation is
ensured.
5.32.11
CONVERSIONS OF NON-RESIDENTIAL BUILDINGS
Conversions of non-residential buildings to residential use in the flood fringe, if
conformity of the policies of the County of Oxford Official Plan is maintained, will
be permitted, provided that all of the requirements of this Section are satisfied.
5.33
USES PERMITTED IN ALL ZONES
5.33.1
The following uses are permitted in all zones, except (1) Zones where the use is
specifically prohibited or limited; or, if authorized by lands regulated by the Upper
Thames River Conservation Authority unless authorized by the Authority.
5.33.1.1
a trailer, temporary construction camp, waste container, cargo container, tool shed,
scaffold or other such building or other such temporary work camp;
-
which is incidental to construction; and,
-
provided it is located on the site where such work is underway; and,
-
provided that it shall be removed from the site within 30 days of
completing the work; and,
-
the building or structure is located outside of any sight triangle; and,
the building or structures is not used for human habitation;"
(Deleted and Replaced by By-Law 24-5329)
5.33.1.2
a temporary building or trailer for conducting sales of new dwelling units provided
the sales building or trailer is located within the development site and that sales are
restricted to dwelling units within that development only. The sales building or trailer
shall be setback 30 m (98.4 ft) and parked 6 m (19.7 ft) from an existing residential
property off-site, abutting the development site. The temporary sales office shall be
removed from the site within 30 days of completing all sales of dwelling units.
SECTION 5.0
GENERAL PROVISIONS
Page 5-40
Town of Ingersoll Zoning By-Law Number 04-4160
5.33.1.3
a temporary office for conducting sales of new dwelling units may be established
within a dwelling unit located within the development site. Sales shall be restricted to
dwelling units within the development only and the temporary office shall be removed
from the site within 30 days of completing all sales of dwelling units.
5.33.1.4
a gate house or kiosk in a Residential or Employment Zone for security or parking lot
management, provided such structure does not exceed 10 m2 (107.6 ft2) of gross floor
area.
5.33.1.5
a wayside sand and gravel pit or stone quarry or portable asphalt plant used on public
authority contracts may be permitted within MR, MG and D zones, with the exception
of those areas of existing development or particular environmental sensitivity that are
incompatible with extraction and associated activities.
5.33.1.6
a communication structure shall be permitted to exceed the maximum height
provisions, provided that such structure is setback a minimum of 40 m (131.2 ft) from
the centerline of a street and a minimum 150 m (492.1 ft) from any Residential Zone.
5.33.2
HEIGHT EXCEPTIONS
The height provisions of this By-Law shall not apply to prevent the erection and/or
use of the following uses, in zones where such uses are permitted, or would
normally be associated with a permitted use, and provided that such features are
erected only to such height as is necessary to accomplish their purpose:
- a church spire, steeple or belfry;
- a cupola, dome or other ornamental structure;
- a flag pole;
- a clock tower or bell tower;
- a chimney or smoke stack;
- a firewall,
- a lightning rod or weathervane;
- a sky light, elevator penthouse, water tank, mechanical penthouse or other
heating, cooling or ventilation equipment, or structure enclosing such
features;
- a television, radio or other telecommunications structure which is accessory to
a permitted use, provided that such structure does not exceed a maximum
height of 16.4 m (53.8 ft) in a Residential Zone.
- a feed mill, commercial grain elevator or silo;
- any other similar structures.
SECTION 5.0
GENERAL PROVISIONS
Page 5-41
Town of Ingersoll Zoning By-Law Number 04-4160
5.34 YARD, SETBACK AND HEIGHT - PERMITTED ENCROACHMENTS
5.34.1
PERMITTED PROJECTIONS INTO REQUIRED YARDS
Notwithstanding the yard requirements of this By-Law, the following projections
are permitted from a main building in accordance with the provisions set out in Table
5.34.1.
TABLE 5.34.1 - PERMITTED PROJECTIONS INTO REQUIRED YARDS
Structure
Yard in
Which
Projection
Permitted
Maximum
Projection
Permitted into
Required Yards
Minimum Setback
Between Projection
and Lot Line
Steps providing access to
ground floor, uncovered
and unenclosed decks,
balconies, stoops or
landings not exceeding
one storey in height.
Front
Rear
Side
No limit
No limit
No limit
5.0 m (16.4 ft)
1.2 m (3.9 ft)
0.6 m (2 ft)
Ramps used for
handicapped access.
All
No limit
0.6 m (2 ft)
Covered or uncovered
decks, unenclosed decks,
stoops or landings not
exceeding one storey in
height.
Front
Rear
1.5 m (4.9 ft)
No limit
---
4.0 m (13.1 ft)
5.34.1.1
Notwithstanding subsection 5.34.1 no projections are permitted into a required
parking area or easement.
(Deleted and Replaced by By-law 24-5329)
5.35
CONVERTED DWELLINGS AND ADDITIONAL RESIDENTIAL UNITS
5.35.1 CONVERTED DWELLINGS
5.35.1.1
WHERE PERMITTED
Where listed as a permitted use in the Zone, a converted dwelling containing up
to four dwelling units is permitted subject to compliance with the provisions of
this Section and all other provisions of the Zone in which the lot is located.
SECTION 5.0
GENERAL PROVISIONS
Page 5-42
Town of Ingersoll Zoning By-Law Number 04-4160
5.35.1.2
WHERE NOT PERMITTED
Converted dwellings shall not be permitted:
i)
on any lot containing an additional residential unit or a garden suite;
ii)
on any lot unless adequate municipal water system and/or municipal
sewage system capacity to service the converted dwelling has been
determined and/or confirmed by the County; or,
iii)
on any lot containing natural hazards, unless clearance or approval
from the Conservation Authority having jurisdiction has been
obtained, or on any lot that does not meet Provincial access
standards during a regulatory flood event.
5.35.1.3
ALTERATIONS TO DWELLING
Alterations to an existing single detached dwelling shall meet the following
requirements:
i)
entrances on the front of the building shall be limited to one, which
may be shared by dwelling units via an internal vestibule or corridor
separated by required fire separation;
ii)
additional exterior entrance(s) shall only be located in the rear yard
or interior side yard; and,
iii)
there shall be no exterior stairways or balconies except one open
emergency exit which shall be located only in the rear yard or
interior side yard.
5.35.2 ADDITIONAL RESIDENTIAL UNITS (ARUS)
5.35.2.1
WHERE PERMITTED
Where listed as a permitted use in the Zone, additional residential units are
permitted as an accessory use to a single detached dwelling, semi-detached
dwelling, or street fronting townhouse dwelling subject to the provisions of this
Section and compliance with all other provisions of the Zone in which the lot is
located.
5.35.2.2
WHERE NOT PERMITTED
Additional residential units shall not be permitted:
SECTION 5.0
GENERAL PROVISIONS
Page 5-43
Town of Ingersoll Zoning By-Law Number 04-4160
i)
on any lot containing a boarding or lodging house, a group home, a
garden suite, a converted dwelling, a duplex dwelling, a mobile
home, or a bed and breakfast establishment;
ii)
on any lot unless adequate municipal water system and/or municipal
sewage system capacity to service the additional residential unit(s)
has been confirmed by the County;
iii)
on any lot containing natural hazards, unless clearance or approval
from the Conservation Authority having jurisdiction has been
obtained, or on any lot that does not meet Provincial access
standards during a regulatory flood event; and,
iv)
on any lot serviced by an individual on-site sewage system,
individual on-site water system, private communal water system,
and/or private communal sewage system.
5.35.2.3 PROVISIONS FOR ALL ADDITIONAL RESIDENTIAL UNITS
All additional residential units shall comply with the provisions of Table 5.35.2.3.
TABLE 5.35.2.3 - PROVISIONS FOR ADDITIONAL RESIDENTIAL UNITS
(ARUS)
Number of ARUs per
lot, Maximum
2, with 1 of the ARUs permitted to be located within an
accessory building on the same lot.
Cumulative Dwelling
Unit Area for all
ARUs, Maximum
50% of the dwelling unit area of the principal dwelling on the
lot, or 100 m2 (1076 ft2) of dwelling unit area, whichever is
the lesser.
For the purposes of calculating the maximum dwelling unit
area for additional residential unit(s) within the principal
dwelling or in an accessory building on the same lot, the
dwelling unit area of the principal dwelling shall be
determined as of the date of establishment of the additional
residential unit(s).
Notwithstanding the maximum dwelling unit area provision,
the entire basement or cellar of the principal dwelling may be
used for the purposes of an additional residential unit,
provided there are no other additional residential units or
garden suites on the lot.
Parking spaces,
Minimum
1, that may be a tandem parking space
SECTION 5.0
GENERAL PROVISIONS
Page 5-44
Town of Ingersoll Zoning By-Law Number 04-4160
TABLE 5.35.2.3 - PROVISIONS FOR ADDITIONAL RESIDENTIAL UNITS
(ARUS)
Location of Entrances All dwelling units shall be accessed through a common
entrance from a common corridor or vestibule, separated by
required fire separations except that separate entrance(s) may
be located in a rear yard or interior side yard.
Location of Exterior
Stairways
There shall be no exterior stairways except a required
emergency exit which shall be located only in the rear yard
or interior side yard, subject to the provisions of Section 5.34.
Unobstructed
Pathway to Entrance
of Unit(s)
Minimum 0.9 m (2.9 ft) wide unobstructed pathway from the
front lot line to the entrance. Unobstructed means no
obstruction or encroachments, to a height of up to 2.3 m
(7.5 ft), and constructed of a continuous, hard surface.
Except in no case shall a pathway encroach closer than 0.3 m
(1 ft), to the interior side lot line and shall not alter any
drainage swale required by an approved lot grading plan.
ARUs in Detached
Accessory Structures
ARUs within a building accessory to a residential use shall
comply with the provisions for accessory uses in Section 5.1.
(Added by By-Law 24-5318)
5.35
SOURCEWATER PROTECTION AREAS
5.35.1
IDENTIFICATION OF SOURCEWATER PROTECTION ZONES
The Source Protection Overlays (SP1 and SP2), shown on Schedule "A' of this By-
Law, identify the portions of the Wellhead Protection Areas (WHPAs) associated
with the County's municipal drinking water supply wells where a drinking water
threat, as prescribed by the Clean Water Act, 2006, can be a significant drinking
water threat. The mapping of these areas in this By-Law reflects the WHPA
mapping contained in the applicable Source Protection Plans, approved under the
Clean Water Act, 2006.
The Source Protection Overlay 1 (SP1) applies to the portion of the WHPA closest
to the wellhead, where the majority of the prescribed significant drinking water
threats can occur. The Source Protection Overlay 2 (SP2) applies to the remainder
of the WHPA, where only certain chemical and waste related significant drinking
water threats can generally occur.
SECTION 5.0
GENERAL PROVISIONS
Page 5-45
Town of Ingersoll Zoning By-Law Number 04-4160
5.35.2
PRESCRIBED DRINKING WATER THREATS
A list of drinking water threats, as prescribed under the Clean Water Act, 2006, is
provided below for information purposes:
- Waste disposal sites within the meaning of Part V of the Environmental
Protection Act;
- The establishment, operation or maintenance of a system that collects, stores,
transmits, treats or disposes of sewage;
- The application of agricultural source material to land;
- The storage and/or management of agricultural source material;
- The application of non-agricultural source material to land;
- The handling and/or storage of non-agricultural source material;
- The application of commercial fertilizer to land;
- The handling and/or storage of commercial fertilizer;
- The application of pesticide to land;
- The handling and/or storage of pesticide;
- The application, handling and/or storage of road salt;
- The storage of snow;
- The handling and storage of fuel;
- The handling and storage of a dense non-aqueous phase liquid;
- The handling and storage of an organic solvent;
- The management of runoff that contains chemicals used in the de-icing of
aircraft;
- An activity that takes water from an aquifer or a surface water body without
returning the water taken to the same aquifer or surface water body;
- An activity that reduces the recharge of an aquifer; and
- The use of land as livestock grazing or pasturing land, an outdoor confinement
area or farm-animal yard.
These prescribed drinking water threats can only be significant drinking water
threats under very specific circumstances, as established through the Clean Water
Act and associated regulations.
Any land use or activity that is, or would be, a significant drinking water threat
must conform with all applicable Source Protection Plan policies and, as such, may
be prohibited, restricted or otherwise regulated by those polices despite any uses
permitted by the Zoning by-law. The Source Protection Plan policies generally
prohibit the establishment of new significant drinking water threats.
SECTION 5.0
GENERAL PROVISIONS
Page 5-46
Town of Ingersoll Zoning By-Law Number 04-4160
5.35.3
USE PROHIBITIONS AND RESTRICTIONS IN SOURCE PROTECTION OVERLAYS 1 & 2
Notwithstanding the permitted uses of the underlying zone, no new use, building
and/or structure that requires the issuance of a Building Permit and/or an approval
under the Planning Act shall be permitted within the Source Protection Overlays 1
(SP1) or 2 (SP2) unless a notice, in accordance with Section 59 of the Clean Water
Act, 2006, has been issued by the Risk Management Official in relation to such
building permit or approval.
This notice requirement shall not apply to a new use, building and/or structure that
is exclusively residential or where the Risk Management Official has provided
written guidance specifying the situations in which the Building Official is
permitted to make the determination as to whether a Section 59 notice is required,
and they have determined that such notice is not required in accordance with that
guidance.
5.35.4
SEPTIC SYSTEMS AND HOLDING TANKS WITHIN SOURCE PROTECTION OVERLAY 1
(SP1)
Notwithstanding the permitted uses of the underlying zone, any use, building and/or
structure that would require a new septic system and/or holding tank shall be
prohibited within a Source Protection Overlay 1 (SP1). This prohibition shall not
apply to a new septic system and/or holding tank that is required for a municipal
water supply well. For the purposes of this provision the term 'new' shall have the
same meaning as in the applicable Source Protection Plan. The Risk Management
Official shall make the final determination as to whether a use, building or structure
to be serviced by a septic system and/or holding tank is prohibited in accordance
with this provision and corresponding Source Protection Plan policies. This
provision shall in no way supersede the requirement to connect to full municipal
services, where available, as set out in Section 5.14 - Municipal Services of this By-
Law.
(Added by By-law 24-5329)
5.36
HEATING, VENTILATION AND AIR CONDITIONING EQUIPMENT (HVAC)
5.36.1
REGULATIONS FOR GROUND LEVEL HVAC
i)
Ground level HVAC and emergency generators are permitted accessory to a
residential use in the Residential Zones, excluding an R4 zone, and in
accordance with the following:
SECTION 5.0
GENERAL PROVISIONS
Page 5-47
Town of Ingersoll Zoning By-Law Number 04-4160
TABLE 5.36.1 - HEATING, VENTILATION AND AIR CONDITIONING EQUIPMENT
Provisions
Air Conditioning and Heat Pumps
Location
(Permitted)
Front Yard
Interior Side Yard
√
Exterior Side Yard
Rear Yard
√
Setbacks
(Minimum)
Front Lot Line
N/A
Interior Side Lot Line
0.6 m (2 ft.)
Exterior Side Yard Lot Line
1.2 m (3.9 ft.)
Rear Lot Line
0.6 m (2 ft.)
ii)
Ground level H.V.A.C. equipment and emergency generators shall be
permitted on any lot in a non-residential Zone and R4 Zone, provided that
such units are setback a minimum of 3.0 m (9.8 ft.) from any lot line and
are screened from the street and any abutting residential zone.
(Added by By-law 24-5329)
5.37
ACCESSORY BUSINESS OFFICES AND RETAIL SALES
5.37.1
ACCESSORY BUSINESS OFFICES
Business offices which are accessory to and used for administration or to
accommodate the in-house technical and professional services of a permitted use in
any Industrial Zone may be permitted in the same building as the principal
permitted use or in a separate building on the same lot as the principal permitted
use.
SECTION 5.0
GENERAL PROVISIONS
Page 5-48
Town of Ingersoll Zoning By-Law Number 04-4160
5.37.2
ACCESSORY RETAIL OUTLET
Where accessory retail sales are permitted in an Industrial Zone, the following
regulations shall apply:
i)
A maximum of 10% of the gross floor area of a permitted use may
be used for the retail sale of goods, materials or things produced or
warehoused on the premises provided that the total gross floor area
dedicated to retail sales does not exceed 200 m2 (2,152.7 ft2).
ii)
Where the lot supports an industrial mall or buildings containing
more than one permitted use, the maximum gross floor area for any
accessory retail sales associated with a permitted use shall be
calculated individually for each such use.
iii)
The gross floor area used for accessory retail sales shall be separated
from the main permitted use by a permanent, solid partition to the
satisfaction of the Town of Ingersoll Chief Building Official and in
compliance with the Ontario Building Code and applicable
standards.
(Added by By-law 24-5329)
5.38 HEIGHT
5.38.1
Where Height is Measured
Height is measured from the grade at the principal entrance of the building.
5.38.2
How Height is Measured
a)
For a Principal Building:
i)
From the grade at the principal entrance to the mid-point
between the eaves and the ridge of a pitched roof, or the
highest point of the roof surface of a flat roof.
b)
For an Accessory Building and Structure:
i)
In Residential Zones - from the grade to the highest point of
the roof.
ii)
In all other zones - mid-point between the eaves and the
ridge of a pitched roof or the highest point of the roof surface
of a flat roof.
(Added by By-law 24-5329)