Town of Ingersoll Zoning By-law 04-4160 - General Provisions

Ingersoll, Ontario · No. 04-4160 · summary & facts

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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)