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Community Planning
Permit By-law 058-25
Town of lnnisfil | June 2025
(Contains amendments up to end of March 2026)
Town of Innisfil Community Planning Permit By-law
June 2025
1
Contents
Preamble ............................................................................................................................... 3
Section 1.0 - Administration and Interpretation ...................................................................... 4
1.1
TITLE AND SCOPE .................................................................................................... 4
1.2
APPLICATION ............................................................................................................ 4
1.3
PRECINCTS AND SYMBOLS .................................................................................... 4
1.4
PRECINCT BOUNDARIES ......................................................................................... 6
1.5
SITE-SPECIFIC EXCEPTIONS .................................................................................. 6
1.6
PROCESS TO ISSUE A PLANNING PERMIT ............................................................ 6
1.7
COMPLETE APPLICATIONS ....................................................................................10
1.8
REFERRALS TO COUNCIL ......................................................................................11
1.9
VARIATIONS WITHIN THIS BY-LAW ........................................................................11
1.10
CRITERIA FOR VARIATIONS FROM STANDARDS .................................................11
1.11
DISCRETIONARY USES ..........................................................................................12
1.12
DECISION AND CONDITIONS OF APPROVAL ........................................................12
1.13
FULFILLMENT OF CONDITIONS .............................................................................15
1.14
EXTENSION TO FULFILLMENT OF CONDITIONS ..................................................15
1.15
AMENDMENTS TO PROVISIONAL APPROVALS OR PLANNING PERMITS ..........15
1.16
MANDATORY WORDING .........................................................................................15
1.17
DISCRETIONARY WORDING ...................................................................................16
1.18
DEFINITIONS ............................................................................................................16
1.19
EXAMPLES AND ILLUSTRATIONS ..........................................................................16
1.20
SEVERABILITY .........................................................................................................16
1.21
NEED FOR COMPLIANCE WITH OTHER LAWS .....................................................16
1.22
VIOLATIONS AND PENALTIES ................................................................................16
1.23
REPEALS OF PREVIOUS BY-LAW ..........................................................................17
1.24
TECHNICAL REVISIONS TO THE BY-LAW .............................................................17
1.25
TRANSITION PROVISIONS ......................................................................................17
1.26
EXEMPTIONS ...........................................................................................................20
1.27
AGREEMENT BETWEEN MUNICIPALITY AND THE OWNER .................................21
1.28
AMENDING AGREEMENTS .....................................................................................21
1.29
FACILITIES, SERVICES AND MATTERS .................................................................21
Town of Innisfil Community Planning Permit By-law
June 2025
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1.30
CONFORMITY AND COMPLIANCE WITH BY-LAW (LEGAL NON-CONFORMING
USES AND LEGAL NON-COMPLYING BUILDINGS AND STRUCTURES) .............25
1.31
INTERPRETATION OF BY-LAW ...............................................................................26
1.32
AMENDMENTS TO THE CPP BY-LAW ....................................................................26
Section 2.0 - Definitions ........................................................................................................27
Section 3.0 - General Provisions ..........................................................................................54
Section 4.0 - Parking and Loading Provisions .......................................................................76
Section 5.0 - Residential Precincts .......................................................................................90
Section 6.0 - Commercial and Mixed Use Precincts ........................................................... 115
Section 7.0 - Community Service, Open Space and Environmental Protection Precincts ... 131
Section 8 - Site-Specific Exceptions ................................................................................... 135
Schedule "A" - Community Planning Permit System Area .................................................. 169
Town of Innisfil Community Planning Permit By-law
June 2025
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Innisfil CPP By-law
Preamble
The preamble is intended to assist the reader in understanding and interpreting the Community
Planning Permit (CPP) By-law for the Town of Innisfil. It does not form part of the CPP By-law.
The CPP By-law regulates the use of land, buildings and structures in a portion of the Town
of Innisfil, specifically for all properties within the Alcona Primary Settlement Area as well as all
properties along the Lake Simcoe shoreline. The CPP By-law implements and conforms to the
policies of the Town of Innisfil Official Plan.
A CPP By-law is similar to a Zoning By-law in that it regulates the use of the land and
establishes permitted uses and development standards on a site-by-site basis. This By-law is
exclusionary, which means that if a use is not specifically defined and listed as a permitted use,
then the use is not permitted. Both CPP By-laws and Zoning By-laws establish requirements
such as setbacks for buildings; height of buildings; yard setback requirements; parking
requirements; among many other requirements. Since a CPP By-law streamlines multiple
separate planning processes that exist outside of a Community Planning Permit System
framework, including Minor Variance, Zoning Amendment and Site Plan Control applications, a
CPP By-law also identifies additional development rules and requirements, as described in this
CPP By-law.
The following principles shall be used as a guide for implementing the CPP By-law.
Sustain:
- Protect and preserve Innisfil's natural heritage and Lake Simcoe
- Advance climate change mitigation and adaptation initiatives
- Ensure continued financial sustainability
Grow:
- Proactively plan and manage growth
- Promote a diversity of housing types
- Build and diversify the local economy
Connect:
- Ensure a safe and reliable transportation network
- Support a healthy, active and safe community
- Continue to engage in advocacy and partnerships to deliver on community
priorities
Serve:
- Focus on continuous improvement in service delivery
- Build organizational resilience
- Establish the Town as a leader in Diversity, Equity and Inclusion
Town of Innisfil Community Planning Permit By-law
June 2025
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Section 1.0 - Administration and Interpretation
1.1
TITLE AND SCOPE
1.1.1 This By-law is known as The Community Planning Permit By-law of the Town of Innisfil
(this By-law) and applies to the lands falling within the Community Planning Permit Area,
and as shown in Schedule A of this By-law. This includes all lands within Alcona and all
parcels of land abutting Lake Simcoe and all land under water to the middle of Lake
Simcoe.
1.2
APPLICATION
1.2.1 No person shall use any land or erect or alter any buildings or structures or remove
any vegetation within a Precinct, except in conformity and compliance with the
provisions of this By-law.
1.2.2 No person, other than a public authority, shall reduce any lot by conveyance or
otherwise so that it does not meet the requirements of this By-law, or if it did not meet
the requirements initially, so that it is further from meeting them.
1.2.3 No municipal permit, certificate or license may be issued if the permit, certificate or
license is required for a use of land or erection, alteration, enlargement or use of any
building or structure that is not in conformity and compliance with this By-law.
1.2.4 Despite any other provisions of this By-law, the Chief Building Official of the Town may
not issue a building permit for the development or redevelopment of any lands or
buildings or structures or any part thereof within the area of the Town affected by this
By-law unless in accordance with the provisions of this By-law.
1.2.5 The lack of a survey, or a mistake or an error or omission by any person required to
comply with the provisions of this By-law does not relieve that person from liability for
failure to comply with the provisions of this By-law.
1.2.6 This By-law shall be administered by a person appointed by the Council of the Town of
Innisfil as the CPP By-law Administrator.
1.2.7 The General Provisions section of this By-law is considered to apply to all lands within
the limits of the Alcona Settlement Area, as well as properties along the Lake Simcoe
Shoreline, as mapped in this By-law.
1.3
PRECINCTS AND SYMBOLS
1.3.1 Schedule A attached forms part of this By-law.
Town of Innisfil Community Planning Permit By-law
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1.3.2 For the purpose of this By-law, the Community Planning Permit Area has been divided
into Precincts, the boundaries which are shown on Schedule A.
1.3.3 Schedule A consists of a number of detailed maps for portions of the Community
Planning Permit Area which are located as indicated on the Key Map.
1.3.4 The Precincts are referred to by the following names and symbols and are identified on
Schedule A by the symbols shown in Table 1.1:
Table 1.1: Precincts and Precinct Symbols
PRECINCT
SYMBOL
Residential Precinct
a)
Residential Low Density 1 Precinct
RL1
b)
Residential Low Density 2 Precinct
RL2
c)
Residential Medium Density Precinct
RM
d)
Shoreline Residential Precinct
SR
Commercial and Mixed Use Precincts
e)
Mixed Use Precinct
MU
f)
Major Transit Station Area Precinct
MT
g)
Neighbourhood Commercial Precinct
NC
Community Service, Open Space and Environmental Protection Precincts
h)
Community Service Precinct
CS
i)
Open Space Precinct
OS
j)
Environmental Protection Precinct
EP
Town of Innisfil Community Planning Permit By-law
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1.4
PRECINCT BOUNDARIES
1.4.1 The Precinct and Precinct boundaries are shown on Schedule A that are attached to and
form part of this By-law.
1.4.2 Respecting the Precinct boundaries of the Precincts, the following applies:
a) Each parcel of land within the Community Planning Permit Area is provided with
a Precinct category or categories. The location of the boundary of the Precinct
may be determined by lot line, road, rail line, or where the Precinct does not
abut any of the above, by the scale of the map.
b) The Environmental Protection (EP) Precinct and Open Space (OS) Precinct are
exceptions to a) above in that the boundary reflects the natural features and the
location of the boundary may not follow a lot line, road, rail line. Where this is
the case, the precinct boundary shall be determined by the scale of the map.
1.4.3 Where a parcel of land or lot falls into two or more Precincts, each portion of the parcel
of land or lot shall be used in accordance with the provisions of this By-law for the
applicable Precinct.
1.4.4 Where a parcel of land or lot does not have an assigned Precinct, that parcel of land or
lot shall absorb the same Precinct as the adjacent lands to the midpoint of the road. In
the case of multiple different abutting Precinct classifications, the new Precinct boundary
shall be the former centerline(s) between the Precincts.
1.5
SITE-SPECIFIC EXCEPTIONS
1.5.1 Where a precinct symbol shown on the Schedule(s) of this By-law contains a hyphen
followed by a number, the number represents a site-specific provision that applies to the
lands noted. Site-specific provisions are listed in Section 8.0 (Site-specific Exceptions) of
this By-law.
1.5.2 The regulations of the site-specific provision supersede over any inconsistent regulations
in the remainder of this By-law.
1.5.3 Lots may have site-specific provisions that permit or prohibit specific uses or regulations
that apply to the property in addition to or in exception to the uses and regulations of the
parent precinct.
1.6
PROCESS TO ISSUE A PLANNING PERMIT
The Community Planning Permit Review process consists of four steps, as illustrated in
Figure 1.
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June 2025
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Figure 1: Community Planning Permit Review Process
Town of Innisfil Community Planning Permit By-law
June 2025
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1.6.1 Pre-consultation
a) An owner of property located within the Community Planning Permit Area
("Owner") shall meet with Town staff and other agencies, such as the Lake
Simcoe Region Conservation Authority and Ministry of Natural Resources and
Forestry to discuss the proposal and submission requirements, unless the Town
has confirmed that a Pre-consultation meeting is not required.
b) Summer site photos from Lake Simcoe shall be provided for development within
a Shoreline Residential Precinct.
c) A site visit may be required.
1.6.2 Submission of Community Planning Permit Application ("Application")
a) The Owner shall submit an Application, associated drawings and studies as
identified in the pre-consultation.
b) Within five (5) business days the Town shall confirm whether the Application is
complete and, if the Application is complete, the approval stream it will follow.
c) Upon receipt of a complete Application the Town shall make a decision on the
Application within 45 days.
1.6.3 Application Review
The Application shall be circulated for comment to the relevant approval authorities and
regulatory bodies as determined by the Town and is reviewed by Town of Innisfil staff.
1.6.4 Public Notification Requirements
a) If the standard for development falls under a Class 1 or 2 Planning Permit, no
notice is required.
b) If the standard for development falls under a Class 3 Planning Permit, notice of
the Application shall be given by personal service or ordinary mail, to every
owner of land within 120.0 metres of the subject land; and by the placement of a
sign on the street frontages and lake side of the property.
c) Notice of all complete Applications under a Class 3 Planning Permit are placed
on the Town's website and are provided to Council for information purposes.
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June 2025
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1.6.5 Community Planning Permit Classes
a) This By-law establishes three classes of Community Planning Permits. Approval
of Community Planning Permit applications are subject to the following
regulations for each Community Planning Permit Class, as set out in Table 1.2:
Table 1.2: Community Planning Permit Class
Class of Permit
Description
Approval Authority
Class 1 Application
Application meets all development
standards, and no variations are required.
Town Staff
Class 2 Application
Application generally meets the intent,
standards and provisions of this By-law but
requires minor relief (a Class 2 - Staff
Variation) from:
1) One or more applicable
development standards within the
established Class 2 variation limits
set out in Sections 5, 6 and 7.
A use shall not be added as a permitted
use through a Community Planning Permit.
For any proposed new use within any
Precinct not listed as a permitted use or
permitted accessory use, an Amendment
to this By-law shall be required.
Town Staff
Class 3 Application
Application requires more substantial or
complete relief (a Class 3 - Council
Variation) from:
1) One or more applicable
development standards above the
Class 2 Variation Limit based on the
tables in Sections 5, 6 and 7; and
2) Building height above the maximum
Class 2 threshold established in the
tables in Sections 5, 6 and 7.
A use shall not be added as a permitted
use through a Community Planning Permit.
For any proposed new use within any
Precinct, an Amendment to this By-law shall
be required.
Council or Planning
Committee if approval
is delegated
Town of Innisfil Community Planning Permit By-law
June 2025
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b) For Class 2 Community Planning Permits, Staff may vary the standards,
provisions and requirements of the Community Planning Permit By-law pursuant
to the variation limits established in this By-law, and subject to the criteria set out
in Section 1.10. Discretionary Uses may also be approved through a Class 2
Community Planning Permit by staff in accordance with the applicable criteria set
out in Section 1.10.
c) For Class 3 Community Planning Permits, Council may vary the standards,
provisions and requirements of the Community Planning Permit By-law up to
100% of the stated standards subject to the criteria set out in Section 1.10.
d) Despite Section 1.5.5 a), if in the opinion of the Town, the Community Planning
Permit By-law criteria for Staff and Council variations set out in Section 1.10 of
this By-law are not met and the application is not in conformity with the Official
Plan, the application may be denied.
e) A Class 2 Community Planning Permit may be processed as a Class 3
Community Planning Permit at the discretion of the Director of Planning and
Growth and/or Council. The Director of Planning and Growth or designate has
discretion to forward for review to the Council (or Committee) any Class 2
Community Planning Permit which is of such a nature that further corporate
review is deemed appropriate.
1.6.6 Building Permit Application
Following the issuance of a Planning Permit, if all applicable conditions have been
satisfied, the Owner may apply for a building permit.
1.7
COMPLETE APPLICATIONS
Town Council shall require applicants to consult the municipality before applying for a
Community Planning Permit. Complete applications for a Community Planning Permit
shall include:
-
A fully complete and signed Community Planning Permit Application Form;
-
Submission of the required application fees;
-
The application submission requirements identified in Schedule 1 of the Ontario
Regulation 173/16, as amended;
-
All requirements identified through pre-consultation, in accordance with the
Town's Official Plan (November 2018, as amended) or as identified by any
applicable agency.
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1.8
REFERRALS TO COUNCIL
1.8.1 Within five (5) business days of receiving a complete Application, Town staff may refer an
Application to Council.
1.8.2 The Owner may refer an Application to Council at any time prior to the decision of an
Application.
1.9
VARIATIONS WITHIN THIS BY-LAW
Variations to the standards in this By-law may be permitted, where identified.
1.10
CRITERIA FOR VARIATIONS FROM STANDARDS
1.10.1 Where a Class 2 or 3 Planning Permit is required, in addition to the guiding principles of
this By-law, the following criteria shall be addressed to the satisfaction of the Town, prior
to the issuance of a Planning Permit:
a) The proposal is appropriate for the lands;
b) The proposal considers the unique characteristics of the property;
c) Any potential off-site impacts are identified and mitigated to the extent possible;
d) The proposal maintains the general intent of this By-law;
e) The proposal maintains the general intent of the Official Plan; and,
f) The proposal is consistent with the Provincial Planning Statement and is
consistent with all applicable provincial plans and policies, including the Lake
Simcoe Protection Plan (LSPP) and any other provincial plan or policy. If ever a
conflict arises between any plan, policy or document, the provision that gives the
greatest protection to the ecological health of the Lake Simcoe watershed shall
prevail.
1.10.2 Where a Class 2 or 3 Planning Permit is required within the Shoreline Residential
Precinct, in addition to the guiding principles within this By-law and the criteria listed
within Section 1.10.1 of this By-law, the following additional criteria shall be addressed to
the satisfaction of the Town, prior to the issuance of a Planning Permit:
a) The proposal takes into consideration the naturally occurring shoreline in the
area and is designed to be compatible with naturally occurring shoreline
characteristics;
Town of Innisfil Community Planning Permit By-law
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b) The proposal blends built form and natural features in a manner that is
compatible with the existing character of the shoreline area, visible from both
land and water;
c) The proposal incorporates erosion, run-off and sedimentation control
improvements and measures, where appropriate, to ensure development is
sensitive to the shoreline;
d) The proposal provides a sustainable servicing solution for the property that does
not impact the health of Lake Simcoe;
e) The proposal substantially maintains natural vegetation along property boundary
lines, the waterfront yard and shoreline; and
f) The proposal uses native plant and tree species where new plantings are being
introduced.
1.11
DISCRETIONARY USES
1.11.1 A discretionary use, as identified in this By-law, may be permitted subject to applicable
criteria as set out in this By-law, including any criteria listed as a note to any permitted
discretionary use.
1.12
DECISION AND CONDITIONS OF APPROVAL
1.12.1 Decision
Upon review of a complete Application the Town may:
a) Approve the Application and issue a permit with no conditions;
b) Approve the Application subject to conditions being met before the issuance of a
permit;
c) Approve the Application and issue a permit with conditions attached;
d) Approve the Application subject to conditions being met before the issuance of a
permit. When the conditions are met, issue a permit with additional conditions
attached; or
e) Refuse the Application and no permit is issued.
1.12.2 Notice of Decision
a) A Planning Permit, where issued, is the notice of decision and shall be provided
to the Owner. A Planning Permit may be subject to Conditions of Approval.
b) Where a Planning Permit is not issued, a notice of refusal to issue a Planning
Permit shall be given to the Owner. Notice shall be given in person, in which
Town of Innisfil Community Planning Permit By-law
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case it is deemed to be received on the date of personal delivery, or by prepaid
ordinary mail, in which case it is deemed to be received five business days after
the date of mailing. The Town shall issue a notice of decision to the Owner within
15 days of the date of decision.
c) The Owner can appeal in writing to the Ontario Land Tribunal any approval
condition or the lack of the issuance of a Planning Permit.
1.12.3 Clearance of Conditions
If the Planning Permit is approved with conditions, the Owner shall fulfill the conditions
associated with the approval in advance of the issuance of the Planning Permit.
1.12.4 Conditions of Approval
a) Conditions of approval may:
i) Be imposed prior to the issuance of a Planning Permit;
ii) Be attached as a condition of a Planning Permit; or,
iii) Be required in an agreement to be entered into between the Owner and the
Town and registered on title.
b) The conditions in Table 1.3 support the guiding principles of this By-law and the
Official Plan:
Table 1.3 - Conditions to Support Guiding Principles
CONDITION
Sustain Grow
Connect Serve
Development shall be undertaken in accordance with
a Community Planning Permit, including submitted
plans, reports and drawings
✔
✔
✔
✔
Identification, protection, maintenance and
enhancement of existing trees and other vegetation,
including the restoration or replacement of vegetation
where removed
✔
✔
Land for road widenings to the extent established in
the Town and County of Simcoe Official Plans and / or
daylighting triangles
✔
✔
Construction access plan to articulate how building
materials shall be placed on the site and how
construction access shall be provided to the
subject property during construction
✔
✔
Lighting facilities shall be required to minimize the
✔
✔
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CONDITION
Sustain Grow
Connect Serve
impacts on lake views, night skies and environmental
features and a lighting impact analysis may be
required to ensure the proposal is dark sky
compliant
Easements in favour of the municipality for access,
construction, maintenance or improvement of
watercourses, ditches, land drainage works and
other public utilities
✔
✔
✔
Facilities for the disposal of storm, surface and waste
water from the land and from any buildings or
structures thereon
✔
✔
Payment of cash-in-lieu, equal to 5% of the land,
except where it has already been taken at the time of
lot creation
✔
✔
Coastal engineering study or technical report to
address coastal hazards such as: flooding, ice,
erosion, dynamic beach and wave uprush
✔
✔
Environmental Impact Statement preparation,
submission and mitigation measures
✔
✔
✔
Fish habitat impact assessment and offset measures
✔
✔
Site alteration plan to demonstrate alteration or
restoration of the grade of land and the placing or
dumping of fill
✔
✔
Provision of sustainable / low impact design features
✔
✔
Monitoring of the use of lands as is necessary for the
protection of public health and safety or the protection
of the natural environment
✔
✔
✔
Specified agreement of exchange for increased height
and or density in accordance with Section 1.29
✔
✔
In the case where action is recommended by a
technical report, conditions which address the
recommendations, including siting requirements that
exceed minimum requirements may be imposed
✔
✔
✔
✔
Approvals and permits from other regulatory bodies
such as: Department of Fisheries and Oceans,
Transport Canada and Lake Simcoe Region
Conservation Authority
✔
✔
✔
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CONDITION
Sustain Grow
Connect Serve
Execution, maintenance and monitoring of any feature
or works associated with a condition or a report
✔
✔
✔
✔
Enter into an agreement with the Town and / or any
regulating bodies, to be registered on title, to confirm
development shall proceed in accordance with the
Community Planning Permit, including the
requirement of financial securities
✔
✔
Sun / shadow / shade study
✔
✔
Contaminant and spill management plan
✔
✔
Erosion and sediment control plan
✔
✔
Conformity with and compliance to all regulated
authorities for matters associated with property
standards, outstanding fees, enforcement and other
by-laws
✔
✔
✔
Any condition that may be imposed pursuant to
sections 34, 40, 41 and 42 of the Planning Act
✔
✔
✔
✔
1.13
FULFILLMENT OF CONDITIONS
Any condition of a Planning Permit must be completed within (two) 2 years from the date
of issuance of the permit, except where otherwise stated within a Planning Permit
Agreement.
1.14
EXTENSION TO FULFILLMENT OF CONDITIONS
Requests for extensions to complete any condition of a Planning Permit beyond the limit
under provision 1.12 of this by-law may be considered within 1 year subject to this By-
law and any provisions within, as amended. Any request after 1 year is to be at the
discretion of the Manger of Planning.
1.15
AMENDMENTS TO PROVISIONAL APPROVALS OR PLANNING PERMITS
At the request of the Owner, amendments to a Planning Permit may be made at any
time, subject to this By-law and any provisions within.
1.16
MANDATORY WORDING
The words "must" or "shall" are mandatory.
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1.17
DISCRETIONARY WORDING
The word "may" is discretionary. "May" is a term that enables a judge, a public official or
a private party to use their own judgement and conscience within general legal
principles.
1.18
DEFINITIONS
For convenience, terms that are in bold are defined in Section 2.0 of this By-law. This
does not apply to headings, section titles or table headers. Where a defined term forms
part of a larger word or phrase, the whole term will be bolded, e.g. 'erected' from defined
term 'erect'.
1.19
EXAMPLES AND ILLUSTRATIONS
Examples and illustrations are for clarification and convenience and do not form part of
this By-law.
1.20
SEVERABILITY
Should any section, provision, or Schedule of this By-law, be held by a court of
competent jurisdiction to be invalid, the validity of the remainder of the By-law shall not
be affected.
1.21
NEED FOR COMPLIANCE WITH OTHER LAWS
Nothing in this By-law shall exempt any person from complying with the requirements of
any other legislation or by-law in force or from obtaining any license, permission, permit
authority or approval required by this by-law, any other by-law or any other legislation.
1.22
VIOLATIONS AND PENALTIES
In accordance with the Planning Act, R.S.O. 1990, c.P.13, as amended, every person
and/or corporation who contravenes this By-law is guilty of an offence and on conviction
is liable to a fine as provided for in the Planning Act.
Where the Municipal By-Law Enforcement Officer has reason to believe that any person
has used land or erected or used any building or structure in contravention of this By-law
they or any employee of the Town so authorized by them, may at any reasonable hour
enter and inspect the land or building or structure.
No person shall hinder or obstruct, or attempt to hinder or obstruct, a Municipal By-Law
Enforcement Officer from carrying out inspections to ensure compliance with this By-law.
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1.23
REPEALS OF PREVIOUS BY-LAW
On the day that this By-law comes into force, Comprehensive Zoning By-law No. 080-13
and Fence By-law 052-05 of the Town of Innisfil, and all amendments thereto, are
repealed in so far as they apply to lands affected by this By-law as shown on Schedule
A.
1.24
TECHNICAL REVISIONS TO THE BY-LAW
Provided that the purpose and effect of this By-law is unaffected, the following technical
revisions to this By-law shall be permitted without an amendment to this By-law:
a) Correction to grammatical, mathematical, boundary or other such errors,
including minor technical revisions to the mapping consistent with the intent of
this By-law and the Town's Official Plan;
b) Changes to the numbering of sections, the numbering contained in the cross-
referencing of sections, and the format and arrangement of the text, tables,
schedules and maps, and the numbering of pages;
c) Corrections or revisions to the technical information contained on maps, such as
the title blocks and legend;
d) Changes to the illustrations or the Preamble, which are not considered to form
part of this By-law; and
e) Changes resulting from the removal of a holding symbol.
1.25
TRANSITION PROVISIONS
1.25.1 Building Permit Applications
a) Nothing in this By-law shall prevent the erection or use of a building or
structure for which an application for a building permit was filed on or prior to the
date of passage of this By-law, if the application complies, or the building permit
application is amended to comply, with the provisions of the applicable former
Zoning By-law provisions as it read on the date of passage of this By-law. For
the purposes of this section, an application for a building permit means an
application for a building permit which satisfies the requirements set out in the
Building Code Act, as amended.
b) Nothing in this By-law shall prevent the erection or use of a building or
structure for which an application for a building permit was filed after the date of
passage of this By-law, where:
i)
Planning Act approvals have been obtained in accordance with
subsection 1.25.2; or
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ii)
Planning Act applications are in process in accordance with subsection
1.25.3.
For the purposes of this section, an application for a building permit means an
application for a building permit which satisfies the requirements set out in the
Building Code Act, as amended.
1.25.2 Planning Act Approvals
a. Minor Variance
Where the Committee of Adjustment of the Town or the Ontario Land Tribunal
has authorized a minor variance, in respect of any land, building or structure
and the decision of the Committee of Adjustment of the Town or the Ontario Land
Tribunal authorizing such minor variance has become final and binding prior to
the enactment of this By-law, the provisions of this By-law, as they apply to such
land, building or structure, shall be deemed to be modified to the extent
necessary to give effect to such minor variance.
b. Consent
i.
Where:
1. an application is made for consent to convey land under Section
50 of the Planning Act, prior to enactment of this By-law; and,
2. that consent is granted and that land is conveyed before the
consent lapses; and,
3. that consent results in the creation of one or more lots which do
not comply with the lot frontage or lot area requirements of this
By-law; then, each such lot created is deemed to comply with the
lot frontage and lot area requirements of this By-law provided the
lot created complies the lot frontage and lot area requirements
of the applicable zoning with prior to the date of adoption of this
By-law.
ii.
Where:
1. an application for consent has been approved and a long form
certificate has been issued by the Town in accordance with
Section 53(42) of the Planning Act; and
2. the conveyance has not occurred prior to the date of adoption of
this By-law; such lot shall be deemed to comply with the lot
frontage and lot area of the Precinct in which the lot is located;
provided such lot complied with the lot frontage and lot area
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requirements of the applicable zoning prior to the date of adoption
of this By-law.
c. Site Plan
Where a Site Plan Agreement has been entered into prior to the effective date of
this By-law, and the timeframes specified in the Agreement have not yet lapsed,
the provisions of this By-law, as they apply to such land, building or structure,
shall be deemed to be modified to the extent necessary to give effect to such Site
Plan Agreement.
1.25.3 Planning Act Applications in Process
a. Nothing in this By-law shall prevent the erection or use of a building or
structure for which:
i.
A complete application for a minor variance under Section 45 of the
Planning Act was filed on or before the date of passage of this By-law,
and in such a case, the minor variance may be granted in compliance
with Section 45 of the Planning Act in the context of the applicable By-law
at the time of application;
ii.
A complete application for a consent was filed on or before the date of
passage of this By-law, and in such a case, the consent may be granted
in compliance with the applicable By-law at the time of application;
iii.
A complete application for site plan approval was filed on or before the
date of passage of this By-law, and in such a case, the conditions of final
site plan approval may be granted if the project complies with the
provisions of the applicable By-law at the time of application;
iv.
A complete application for a Zoning By-law Amendment was filed on or
before the date of passage of this By-law;
v.
A complete application for a Community Planning Permit Amendment was
filed on or before the date of passage of this By-law;
vi.
A complete application for a Community Planning Permit application was
filed on or before the date of passage of this By-law, and in such a case,
the application may be granted in the context of the applicable By-law at
the time of application;
1.25.4
Holding Provisions
a. Where lands were deemed to be subject to a holding provision by way of a by-
law passed pursuant to Section 36 of the Planning Act on the effective date of
this by-law, the conditions associated with the applicable holding provision shall
be deemed to continue to apply.
b. Where there is a conflict between the provisions of this by-law and the specific
provisions of any by-law imposing a holding provision, the specific by-law
imposing a holding provision shall prevail.
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c. Where a Community Planning Permit Application involves lands which are
subject to conditions applied in accordance with this by-law, such conditions shall
be applied in the same manner as if they were imposed.
1.26
EXEMPTIONS
1.26.1 The following types of development shall not require a Planning Permit:
a) any development consistent with a site plan agreement pursuant to the Town's
Site Plan Control By-law;
b) interior renovations if there is no change in use or intensification;
c) new, or additions to existing single-detached and semi-detached dwellings,
where such dwellings comply with all applicable provisions of this By-law,
except in the Shoreline Residential Precinct;
d) additional dwelling units, where permitted, that comply with all applicable
provisions of this By-law;
e) maintenance of existing buildings and structures, such as the replacement of
windows, doors, stairs and decks, that will not result in changes to the footprint
of the structure and location;
f) repairs to existing buildings and foundations provided that the works do not
involve the placement of fill, alteration of existing grades or changes to the
footprint of the structure;
g) seasonal water structures subject to the standards and provisions in Section
5.6.2;
h) storage sheds no greater than 10 square metres in size in the Shoreline
Residential Precinct, and no greater than 15 square metres in size in all other
Precincts, subject to the standards and provisions in Section 3.3 or 5.6.4 as
applicable;
i) decks, swimming pools and gazebos that comply with all applicable provisions
of this By-law, except in the Shoreline Residential Precinct;
j) new fences, or repairs to existing fences, that comply with all applicable
provisions of this By-law;
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k) placement of fill less than 7 cubic metres or 2 half ton loads;
l) lands subject to By-law 029-05 (Friday Harbour);
m) placement of a portable classroom on a school site of a district school board;
and,
n) projects initiated by a public authority in accordance with Section 4.22.
1.27
AGREEMENT BETWEEN MUNICIPALITY AND THE OWNER
1.27.1 An Owner may be required to enter into one or more agreements with the Town
respecting any condition imposed by the Planning Permit.
1.27.2 Any agreement subject to conditions may be registered on title to the Owner's property.
1.27.3 Where Council has delegated approval authority to Staff, Council further delegates the
authority for the Manager of Planning to administer an agreement required by the
Planning Permit and the authority to make amendments to the agreement(s) is
delegated to the Manager of Legal/Clerks Services.
1.28
AMENDING AGREEMENTS
Council delegates the authority to Staff to amend any agreement required by the
Planning Permit.
1.29
FACILITIES, SERVICES AND MATTERS
1.29.1 The Town may require facilities, services and matters to be provided to the Town by the
owner at the owner's expense in return for the increase in height and density of the
proposed development on the lands within the Precinct boundaries, in accordance with
O.REG. 173/16.
1.29.2 The maximum building height that is permitted through a Class 1 Community Planning
Permit is as shown throughout this by-law, and is subject to the provision of facilities,
services and matters in accordance with provision 1.29.4 and Tables 1.4 and 1.5 of this
by-law.
1.29.3 The maximum building height and maximum density that may be permitted through a
Class 2 Community Planning Permit are shown throughout this by-law and are subject to
the provision of facilities, services and matters in accordance with the provision 1.29.4
and Tables 1.4 and 1.5 and the criteria outlined in Section 1.10 (Criteria for Variations
from Standards) of this by-law.
1.29.4 In exchange for the approval of building height or density for a development containing
a residential use, the Town will require the provision of facilities, services and matters as
outlined in the Tables 1.4 and 1.5 below, and as follows:
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a) For a development containing multiple buildings, the required facilities, services, and
matters will be calculated per unit for all residential units above the maximum Class
1 density threshold.
b) The required complete community charge shall be calculated based on all
residential units in the building.
For clarity, development that requires a Class 2 or Class 3 Community Planning
Permit based on a proposed variation to one or more development standards or any
provision of this by-law except maximum building height or maximum density, shall
only be subject to Class 1 Facilities, Services and Matters identified in Table 1.4 for
Class 1 Maximum Density Threshold.
Table 1.4 - Overview of required facilities, services and matters in exchange
for additional building height or density
Residential
development
within Class 1
maximum building
height and density
threshold
Residential
development within
Class 2 building
height or density
threshold
Residential development
above Class 2 building
height or density threshold
Required
facilities,
services and
matters
Complete
community charge
per Table 1.5 for
development with
5 or more storeys
and 10 or more
residential units.
Complete community
charges per Table 1.5
for development with
5 or more storeys and
10 or more residential
units.
AND
Option 1: A minimum
of 25 per cent of all
residential units (rental
or ownership) above
the Class 1 building
height or density
threshold, within the
maximum Class 2
building height or
density established by
this by-law be provided
as Affordable Dwelling
Units, per Table 1.6.
OR
Option 2: Alternative
provision of facilities,
services and matters
equal to or greater
than the value of
Option 1, in
accordance with
provision 1.29.6.
Complete community
charges per Table 1.5 for
development with 5 or
more storeys and 10 or
more residential units.
AND
Additional facilities,
services and matters to be
greater than the value of
applying Class 2 facilities,
services and matters, in
accordance with provision
1.29.8.
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Table 1.5 - Required complete community charge amount
Required contribution amount
Complete Community charge
4 per cent of the value of the land
that is the subject of development.
Table 1.6 - Affordability threshold for Town of Innisfil Ownership or Rental
Affordable Dwelling Units (updated annually)
Affordability threshold (Provincial Affordable
Residential Unit Bulletin, as amended)
Affordable Ownership Mix
The purchase price of the affordable ownership unit
shall be equal or less than:
-
$427,600 per residential unit
Rental Unit Mix
The rental rate of the affordable rental unit shall be
equal or less than:
-
$1,020 per studio apartment
-
$1,284 per 1 bedroom apartment
-
$1,485 per 2-bedroom apartment
-
$1,709 per 3-bedroom or more apartment
1.29.5 An application for a Community Planning Permit for a building height or density that
would exceed the Class 2 maximum building height or maximum density established in
Table 1.4 shall demonstrate as part of a complete application that the facilities, services,
and matters proposed to be provided are proportional in quantity or monetary value to
the number of additional residential units proposed.
1.29.6 The Town may accept the provision of alternative facilities, services, and matters in lieu
or partially in lieu of those that would otherwise be required by Table 1.4, subject to:
a)
An application for consideration of in-kind contributions shall require a Class 3
Community Planning Permit.
b)
The application for consideration of in-kind contributions must be submitted to the
Town with supporting documentation as to the suggested value thereof no less
than 180 days prior to the first building permit being granted for the proposed
development or change of use. This documentation must be provided as part of
the complete Community Planning Permit Application, and intent to provide in-
kind contributions must be identified by the proponent during pre-consultation
stage.
c)
In-kind contributions shall only be accepted if the same are approved by
resolution of Council, at Council's discretion. The determination of Council as to
whether in-kind contributions shall be accepted in full or partial satisfaction of the
requirements of this subsection of the by-law shall be final and binding.
d)
The value attributed to an in-kind contribution shall be as determined by Council,
based on one or more third-party valuations to the satisfaction of Council, or their
delegate. Council's determination of the value to be attributed to any in-kind
contribution shall be final and binding.
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1.29.7 An applicant may be required, at the discretion of the Approval Authority, to enter into
one or more agreements registered on title with the Town or another agency, for the
provision of facilities, services, and matters.
1.29.8 Where a development proposal would exceed the Class 2 maximum building height or
maximum density established in Table 1.4, Council may authorize a variation provided
the proposal provides additional facilities, services, and matters that shall meet a need
identified by the Town, such as the following:
a)
Land to be conveyed to the Town for municipal purposes;
b)
Accessible dwelling units;
c)
Purpose-built rental units;
d)
Additional affordable dwelling units, beyond those required in Table 1.4;
e)
Dwelling units to be provided to Simcoe County or a not-for-profit housing
provider for use as part of their housing portfolio;
f)
Public Service Facilities or Institutional use;
g)
Public transportation infrastructure, facilities, and services;
h)
Active transportation infrastructure and facilities;
i)
Public parking and improvements to existing public parking;
j)
Improvements to off-site streetscaping;
k)
Public art;
l)
Urban forestry;
m)
Parkland and improvements to existing parks in excess of what is required under
Section 42 of the Planning Act and the Town's Parkland Dedication By-law, as
amended;
n)
Conservation, protection and preservation of cultural heritage resources or
natural heritage features and systems;
o)
Implementation of voluntary sustainability measures above and beyond the
energy, water and sustainability policies of the Town's Official Plan, as amended;
and,
p)
Any other in-kind contribution as approved by Council.
1.29.9 Notwithstanding the provisions above, facilities, services and matters shall not be
required with respect to:
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a)
development or a change in use of a building or structure intended for use as a
long term care facility inclusive of a group home within the meaning of subsection
2(1) of the Long-Term Care Homes Act, 2007;
b)
development or a change in use of a building or structure intended for use as a
retirement residential facility within the meaning of subsection 2(1) of the
Retirement Homes Act, 2010;
c)
development or a change in use of a building or structure intended for use by
any of the following post-secondary institutions for the objects of the institution:
i)
A university in Ontario that receives direct, regular and ongoing operating
funding from the Government of Ontario;
ii) A college or university federated or affiliated with a university described in
subparagraph (i);
iii) An Indigenous Institute prescribed for the purposes of section 6 of the
Indigenous Institutes Act, 2017.
d)
development or a change in use of a building or structure intended for use as a
memorial home, clubhouse, or athletic grounds by an Ontario branch of the Royal
Canadian Legion;
e)
development or a change in use of a building or structure intended for use as a
hospice to provide end-of-life care;
f)
development or a change in use of a building or structure intended for use as
residential premises by any of the following entities:
i)
corporation to which the Not-for-Profit Corporations Act, 2010 applies, that is
in good standing under that Act and whose primary object is to provide
housing;
ii) a corporation without share capital to which the Canada Not-for-profit
Corporations Act applies, that is in good standing under that Act and whose
primary object is to provide housing; or
iii) a non-profit housing co-operative that is in good standing under the Co-
operative Corporations Act.
1.30
CONFORMITY AND COMPLIANCE WITH BY-LAW (LEGAL NON-CONFORMING USES
AND LEGAL NON-COMPLYING BUILDINGS AND STRUCTURES)
1.30.1 Land uses are considered to be legal non-conforming if they were a legally established
existing use prior to the passing of this By-law but are no longer permitted by this By-
law. Subsection 34(9) of the Planning Act, R.S.O. 1990, c.P.13, as amended ("Planning
Act") establishes an owner's right to continue to use a property for a use that was legally
established. A non-conforming use remains legal where the use has been continuous,
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and there has been no intent of abandonment of the use.
1.30.2 Where a legal non-conforming use has been interrupted due to damage, the legal
non-conforming use is considered to be continuous, provided that the Owner has
maintained an intent to reconstruct, repair or re-establish the use.
1.30.3 This By-law does not prevent the continued legal use, alteration or expansion of
buildings and structures that no longer conform to the permitted uses in this By-law.
This By-law does not prevent the erection of a building or structure for a legal non-
conforming use or establishment of a legal non-conforming use where a building
permit has been issued in accordance with the Building Code Act, 1992, S.O. 1992, c.23
("Building Code Act"), if a building permit was issued prior to this By-law being passed.
1.30.4 Buildings and structures are considered legal non-conforming if they were legally
established prior to the passing of this By-law but no longer conform with the new
provisions. This By-law does not prevent the continued use, alteration or expansion of
legally existing buildings and structures which no longer conform with this By-law.
1.31
INTERPRETATION OF BY-LAW
Unless the context requires otherwise, the word "used" shall also mean "designed to be
used", the word "occupied" shall also mean "designed to be occupied". This By-law
refers to the Official Plan and Official Plan Amendment No. 23 to implement a Permit
System and should be read and interpreted with these documents.
Roads shown on Schedule A are for information only and are not intended to confirm
legal status of exact location.
1.32
AMENDMENTS TO THE CPP BY-LAW
1.32.1 Where variations are not identified in this by-law, and the standards cannot be met, an
amendment to this By-law is required.
1.32.2 Where a proposal is beyond the permissible standards, including any stated variations
thereto, and permitted and discretionary uses, an amendment to this By-law shall be
required.
1.32.3 An amendment to this By-law can be initiated by the Town or by a private land owner.
1.32.4 Any amendment to this By-law must be supported by a comprehensive planning
rationale within the context of the planned vision for all the lands within the area subject
to the By-law and must provide details of public and community engagement to support
the amendment.
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Section 2.0 - Definitions
2.1.
Accessory
Accessory when used to describe a use, building or structure, means a use, or a
building or structure, that is naturally and normally incidental, subordinate and
exclusively devoted to supporting the principal use, building or structure and located
on the same lot.
2.2.
Alter
Alter means:
a) in the case of a building, structure or part thereof, a change in the external
dimensions, or a change from one type of use to another, or a change in location; or
b) in the case of a lot, changes to existing grades by more than 0.3 metres or over an
area exceeding 9 square metres.
2.3.
Amenity Space
Amenity Space means a space within a building or outside of a building including a
rooftop which provides contiguous active and/or passive recreation areas for the use of
the occupants of the building.
2.4.
Angular Plane
Angular Plane means an imaginary, angled plane extending above the entire lot
through which no portion of a building or structure can encroach to limit impacts on
adjacent areas. The location, angle, and starting height of the angular plane shall
apply as identified in the applicable Precinct category.
2.5.
Attached
Attached means joined, fastened or connected to an adjacent structure, building or
land.
2.6.
Bakery
Bakery means a factory for producing, mixing, compounding or baking bread, biscuits,
ice cream cones, cakes, pies, buns or any other bakery product of which flour or meal
is the principal ingredient, but does not include a restaurant or any other premises
where any such product is consumed on the premises, and does not include a bake
shop except as an accessory retail use in accordance with the provisions of this By-
law.
2.7.
Bake Shop
Bake Shop means a shop where baked goods are sold or offered for sale by retail,
including incidental baking of products for retail sale on the premises only.
2.8.
Balcony
Balcony means a platform that may be partially enclosed, projecting from a building
or structure above 2.5 metres from the established grade or water's edge (elevation
of 219.15 metres above sea level).
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2.9.
Banquet Hall
Banquet Hall means premises used for the gathering together of several persons for
charitable, civic, cultural, educational, fraternal, religious, recreational, social or like
purposes, and may include facilities for the preparation and consumption of food or
drink.
2.10.
Basement
Basement means that space of a building partly below established grade and which
has over one-half of its height measured from floor to ceiling above the established
grade.
2.11.
Bed and Breakfast Estbalishment
Bed and Breakfast Establishment means a detached dwelling containing, as an
accessory use, up to 3 guest rooms that are available for rent to the travelling or
vacationing public for overnight accommodation on a temporary basis. A Bed and
Breakfast Establishment may include the provision of meals and use of common
areas to those persons residing temporarily therein. A bed and breakfast
establishment shall not include a group home, boarding or lodging house,
restaurant, tavern, hotel, or tourist establishment.
2.12.
Boathouse
Boathouse means an accessory building, located on land or in Lake Simcoe used
for the storage of boats and marine related equipment, and which does not include
sleeping accommodations, kitchen or washroom facilities, and any potable water,
natural gas or sanitary servicing.
2.13.
Boatport
Boatport means an accessory building, located on land or in Lake Simcoe, used for
the purpose of berthing or sheltering and storing boats and marine related equipment
that is roofed / covered, but not enclosed by more than one wall and is built, founded or
anchored near or at the water's edge.
2.14.
Buffer, Shoreline
Buffer, Shoreline means a natural area, adjacent to the shoreline, maintained in its
natural predevelopment state for the purpose of protecting natural habitat, stabilizing
the shoreline and minimizing the visual impact of buildings and structures on a lake
front lot and is intended to represent the Minimum Vegetation Protection Zone (MVPZ)
referenced in Provincial documents. The Shoreline Buffer is measured in land from
the water's edge.
2.15.
Building
Building means any enclosed structure, whether temporary or permanent, used or
intended to be used for shelter, accommodation or enclosure of persons, animals,
materials, produce or equipment. Any tent, awning, bin, silo, vessel or vehicle used for
any of these purposes is a building.
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2.16.
Building Height
Building Height means the vertical distance measured between the established grade,
or for a structure partially or entirely on or over the water, from the elevation measured
at 219.15 metres above sea level, to:
a. the highest point of a flat roof or of the surface of a structure, but excluding any
railing;
b. the deck line of a mansard roof;
c. the mean height between the eaves and ridge of a gabled or hip roof; but
exclusive of roof or penthouse structure accommodating an elevator, staircase,
tank, ventilating fan or other similar equipment, a smokestack, barn, silo,
communications tower or other utilitarian structure which does not provide
habitable space.
2.17.
Building, Principal
Building, Principal means the building or structure in which the principal use of the
lot is carried.
2.18.
Breezeway
Breezeway means an architectural feature, like a hallway, that allows a breeze
between structures and can be a simple roof connecting two structures or more
substantial. It may refer to a hallway between two wings of a larger structure, such as
between a house and a garage, that lacks heating and cooling but allows sheltered
passage.
2.19.
Campground
Campground means the land on which camping vehicles or camping tents, plus
accompanying towing of vehicles can be parked and used; and on which accessory
facilities such as an administration office, clubhouse, snack bar, laundry, souvenir,
convenience or tuck shop, swimming pool, bath house, washrooms, manager's
quarters or other recreational and support facilities, housed in permanent structures,
can be erected and operated.
2.20.
Carport
Carport means an accessory building or structure or part thereof, either attached to
or detached from the wall of the buildings, at least 40 percent of the perimeter of
which is open and unobstructed by any wall, door, post or pier, used for the temporary
parking or storage of licensed vehicles. For the purposes of this By-law, perimeter
includes the wall of the building to which the carport is attached.
2.21.
Cellar
Cellar means the space of a building that is partly or entirely below established
grade which has less than one-half of its height measured from floor to ceiling above
the established grade around the exterior of the dwelling.
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2.22.
Cemetery
Cemetery means a cemetery or columbarium and may include a crematorium, all
within the meaning of the Cemeteries Act, as amended.
2.23.
Centerline
Centerline means a line drawn parallel to and equidistant from the limits of a road
allowance or driveway, as the context may dictate.
2.24.
Child Care Centre
Child Care means a licensed premises used for the provision of temporary care for or
supervision of children in accordance with the Child Care and Early Years Act, 2014,
S.O. 2014, c. 11, as amended.
2.25.
Community Centre
Community Centre means any tract of land, building or buildings used for
community activities. whether used for commercial purposes or not, and the control of
which is vested in the Municipality.
2.26.
Conservation Use
Conservation Use shall mean the preservation, protection or improvement of the
components of the natural environment through management and maintenance for
public benefit.
2.27.
Convenience Store
Convenience Store means a retail commercial establishment, not exceeding 300
square metres of gross floor area, supplying groceries and other daily household
necessities to the immediate surrounding area.
2.28.
Council
Council means the Council of The Corporation of the Town of Innisfil.
2.29.
Crafts, Trade and Instructional Services
Crafts, Trade and Instructional Services means businesses such as: photographers,
arts and crafts services, artists, sculptors, wood crafts, graphic designers, jewelers,
sign makers, plumbers, electricians, lawn and garden care, pool maintenance, small
appliance repair, snow removal, and home repair services, but does not include repair
and servicing of , motorcycles, boats, or any other motorized vehicle.
2.30.
Custom Workshop
Custom Workshop means a building or part of a building used by a trade, craft or
guild for the manufacture in small quantities of made-to-measure clothes or articles and
shall include upholstering, repair, refinishing of antiques and other art objects, but shall
not include metal spinning, woodworking or furniture manufacturing or refinishing of
antique automobiles.
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2.31.
Dark Sky Compliant
Dark Sky Compliant means reducing light pollution by limiting the height of light
fixtures and ensuring lights shine downward and away from adjacent properties and the
surrounding area ensuring an increased number of stars visible at night, reducing the
effects of electric lighting on the environment, and reducing energy consumption.
2.32.
Daylighting Triangle
Daylighting Triangle means the triangular space formed by the street lines of a
corner lot and a line drawn from a point in one street line to a point in the other street
line, each such point being from the point of intersection of the street lines,
measured along the street lines. Where the two street lines do not intersect at a
point, the point of intersection shall be deemed to be the intersection of the projection
of the street lines or the intersection of the tangents to the street lines.
2.33.
Deck
Deck Means a structure at or above 0.2 metres above established grade with no
solid roof or walls, except for railings, which may be constructed on piers, a foundation
or cantilevered above grade for use as an outdoor living space and includes landings
and stairs but does not include a balcony, porch or veranda. Any portion of a dock
structure that extends onto the land above the water's edge (elevation of 219.15
metres above sea level) is a deck.
2.34.
Development
Development means:
a) the construction, erection or placing of one or more buildings or structures on
land or on water;
b) the making of an addition or alteration to a building or structure that has the
effect of increasing its size or usability;
c) the laying out and establishment of:
i.
a commercial parking lot
ii.
sites for the location of three or more mobile homes as defined in
subsection 46 (1) of the Planning Act
iii.
sites for the construction, erection or location of three or more land
lease community homes as defined in subsection 46 (1) of the Planning
Act; or
iv.
sites for the location of three or more trailers as defined in subsection
164 (4) of the Municipal Act, 2001
d) site alteration, including but not limited to,
i.
alteration of the grade of land, and
ii.
placing or dumping fill, or
e) the removal of vegetation.
2.35.
Dock
Dock means a structure built, founded or anchored near or at the water's edge
(elevation of 219.15 metres above sea level) extending on or over the water at which
boats may be berthed or secured in conjunction with a use on the mainland.
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2.36.
Driveway
Driveway means an area of land which provides vehicular access from a street to a
parking aisle, space or garage.
2.37.
Drive-Through Facility
Drive-Through Facility means the use of land, buildings or structures, or parts
thereof, to provide or dispense products or services through an attendant or a window
or an automated machine, to persons remaining in motorized vehicles that are in a
designated stacking lane. A drive-through facility does not include an attendant for a
private or public parking lot or garage.
2.38.
Driving Range
Driving Range means an area operated for the purpose of developing golfing
techniques, including miniature golf courses, but excluding golf courses.
2.39.
Dry Cleaning Establishment
Dry Cleaning Establishment means a building where dry cleaning, dyeing, cleaning
and pressing of articles or goods of fabric is carried out.
2.40.
Dwelling
Dwelling means a residential building containing one or more dwelling units
constructed on site or off-site in parts designed to be transported to a lot and where
they are joined as integral units and placed on permanent foundation over a concrete
slab or basement but shall not include an accessory building, travel trailers, mobile
homes, double wide mobile homes, tourist trailers, tents, campers and motor vehicles,
hotels or boarding or rooming houses, motels or institutions.
2.41.
Dwelling, Apartment
Dwelling, Apartment means a residential building having two or more storeys
containing four or more dwelling units which units have a common entrance from the
street level and the occupants of which have the rights to use in common halls, stairs,
elevators and yards and may include administrative, maintenance, storage, laundry,
garage and other similar accessory facilities provided for the convenience of the
occupants.
2.42.
Dwelling, Back-To-Back Townhouse
Dwelling, Back-To-Back Townhouse means a building containing four or more
dwelling units divided vertically above grade by common walls, including a common
rear wall without a rear yard and whereby each unit has an independent entrance to
the unit from the outside exterior accessed through the front yard or exterior side
yard.
2.43.
Dwelling, Block Townhouse
Dwelling, Block Townhouse means a minimum of three dwelling units which are
attached above and below grade by either the entire length of the garage or by the
entire length of the main common wall and which are grouped on the same lot.
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2.44.
Dwelling, Duplex
Dwelling, Duplex shall mean a building that is divided horizontally into two dwelling
units, each of which has an independent entrance either directly or through a common
vestibule.
2.45.
Dwelling, Linked
Dwelling, Linked means two or more buildings, each of which consists of not more
than one dwelling unit, attached solely below established grade by a connection
spanning between the footings of each building consisting of a concrete wall a
minimum of 0.5 m in height and 10.0 cm thick.
2.46.
Dwelling, Semi-Detached
Dwelling, Semi-Detached means a building that is divided vertically into two
dwelling units, each of which has independent entrances to the front and rear or side
yard either directly or through a common vestibule.
2.47.
Dwelling, Single Detached
Dwelling, Single Detached means a separate building designed and intended to be
occupied as a single dwelling unit for one household which may contain s as
permitted by this by-law.
2.48.
Dwelling, Stacked Back-to-Back Townhouse
Dwelling, Stacked Back-to-Back Townhouse means a building containing four or
more dwelling units divided vertically and horizontally above and below grade by
common walls, including a common rear or side wall, without a rear yard and whereby
each unit has an independent entrance to the unit from the outside exterior accesses
through the front or rear yard.
2.49.
Dwelling, Stacked Townhouse
Dwelling, Stacked Townhouse means either block townhouse or street
townhouses in which one unit is located above another unit, with no common
enclosed corridor system.
2.50.
Dwelling, Street Townhouse
Dwelling, Street Townhouse means a minimum of three dwelling units which are
attached above and below grade by either the entire length of the garage or by the
entire length of the main common wall and all of which front on a street and each of
which is located on a separate lot.
2.51.
Dwelling, Townhouse
Dwelling, Townhouse means a residential dwelling unit attached to other units by a
common sidewall, where the number of attached units is no less than three and no
greater than eight. Where townhouse dwelling is generally referenced in this by-law,
it shall include all other types of townhouse dwellings defined herein, including block
townhouse dwellings, back-to-back townhouse dwellings, stacked townhouse
dwellings and street townhouse dwellings, unless the type of townhouse dwelling
is specifically indicated.
2.52.
Dwelling Unit
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Dwelling Unit means one room or a group of rooms in a dwelling, used, or if vacant,
designed and intended to be used, by only one household as a single independent and
separate housekeeping establishment except when it includes a bed and breakfast
establishment.
a. in which food preparation, sleeping and sanitary facilities are provided for the
use of the occupants;
b. which has a private entrance from outside the building or from a common
hallway or stairway inside the building; and
c. shall contain only one (1) kitchen.
2.53.
Dwelling Unit, Additional
means an additional residential self-contained dwelling unit that is either located
within a dwelling and associated with a principal dwelling unit, or located within a
detached accessory structure. An additional dwelling unit is subordinate to the
principal dwelling unit.
2.54.
Dwelling Unit, Principal
Principal Dwelling Unit means the original dwelling unit within a dwelling.
2.55.
Erect
Erect means any construction, reconstruction and relocation of buildings and
structures and, without limiting the generality of the work, also includes:
a. any preliminary physical operation such as excavating, filling or regrading or
draining;
b. altering any existing building or structure by adding, enlarging, extending,
remodeling, renovating, moving, demolishing or effecting other structural
change; and
c. any work, the doing of which requires a building permit under the Building and
Plumbing By-law of the Town.
2.56.
Established Grade
Established Grade means the average level of the approved or finished ground
elevation measured at all the exterior walls of any building or structure.
2.57.
Existing
Existing means legally existing, as of the date of passing of this By-law.
2.58.
Fence
Fence means any wall (other than a wall of a building or retaining wall), gate or other
structure or partition made of wood, metal, stone or other material which is used to
enclose, separate, provide privacy or divide, in whole or in part, a yard or other land, or
to separate or purport to separate land not under common ownership.
2.59.
Financial Institution
Financial Institution means an establishment which provides money management
services directly to the public, and shall include a bank, trust company, credit union,
securities dealer, finance company or stockbroker.
2.60.
First Floor
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First Floor means the floor of a building located closest to the established grade,
which is located entirely above the established grade.
2.61.
Fitness Centre
Fitness Centre means a building in which facilities are provided for recreational
athletic activities including but not limited to body-building and exercise classes, and
shall include associated facilities such as a sauna.
2.62.
Floor Area
Floor Area means:
a. for a dwelling, or dwelling unit, the total area of the storeys contained within
the outside walls of the dwelling exclusive of any garage, carport, porch,
veranda, balcony, sunroom, unfinished attic, unfinished basement or unfinished
cellar; or
b. for a building or part of a building, other than a dwelling, the total area of all
the storeys contained within the outside walls of the building.
In all cases, only that floor area having a clear height to the ceiling of at least 2.2 m
shall be considered in the calculation of the floor area.
2.63.
Footprint
Footprint means the floor area of a building or structure, measured at grade on a
horizontal plane, to the outside edge of walls, or posts in the case of an unenclosed
structure, and includes the furthest extent of a deck or a dock.
2.64.
Frontage, Lot
Frontage, Lot means the distance between the side lot lines measured at the
required front yard setback and parallel to the chord of the lot frontage and, for the
purpose of this definition, the chord of the lot frontage is a straight line joining the two
points where the side lot lines intersect the front lot line.
2.65.
Frontage, Water
Frontage, Water means the distance between the side lot lines measured at the
required setback from the shoreline and parallel to the chord of the shoreline, and for
the purpose of this definition, the chord of the shoreline is a straight line joining the two
points where the side lot lines intersect the shoreline. Should a lot not directly abut
the shoreline, the water frontage shall be the lot line opposite the front lot line.
2.66.
Fruit and Vegetable Produce Market
Fruit and Vegetable Produce Market means a building or premise where opened
spaces or stalls or sale areas that are not separated by permanent walls (but may have
removable partitions) and have a maximum area of 100 square metres, are leased,
rented or otherwise provided to more than 3 individual vendors for the sale of products
primarily of fresh fruit, vegetables, meat, poultry, fish, dairy products, as well as trees,
shrubs, plants and flowers and a limited range of canned or preserved products or
other food products requiring minimal processing such as maple syrup, cheese, butter,
refreshments or baked goods to the general public, but shall not include a flea market,
supermarket or food store.
2.67.
Funeral Home
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Funeral Home means premises that are designed for the purpose of providing funeral
services to the public and includes facilities intended for the preparation of deceased
persons for internment or cremation.
2.68.
Garage or Garage, Private
Garage or Garage, Private means a separate building or part of the principal
building used for the temporary parking or storage of licensed vehicles of not more
than three tonnes gross vehicle weight but shall not include a temporary structure.
2.69.
Garden Centre
Garden Centre means a retail establishment devoted primarily to the sale of nursery
stock and may also include the sale of related accessory supplies as well as the sale
of fruits and vegetables.
2.70.
Gazebo / Pergola
Gazebo / Pergola means an accessory structure or building with open, screened or
solid walls intended to be use for a shaded or partially shaded passive recreation
space and may also serve architectural interest.
2.71.
Gift Shop
Gift Shop means a retail store specializing in the sale of ornaments, cards,
magazines, books or confectionaries.
2.72.
Government Facility
Government Facility means a municipal office, library, court house, registry office,
health and welfare centre, employment office, post office, or other office used for the
purpose of local or other government administration, or fire station, police station or
emergency services facility
2.73.
Grocery Store
Grocery Store means a building or part of a building where a limited line of goods
such as canned, bottled, packaged and frozen foods, bakery products, dairy products,
candy and confectionery and other food lines which may include fresh meat and
poultry, fresh fruit and vegetables are sold. In addition, newspapers, magazines, paper
products, soft drinks, tobacco products, health and beauty aids, housewares, flowers,
plants and other non-food articles may be sold.
2.74.
Group Home
Group Home means a supervised single housekeeping unit in a residential dwelling
for the accommodation of not more than 6 persons, exclusive of staff, who by reason of
their emotional, mental, social or physical condition or legal status require a group
living arrangement for their well-being and,
a. the members of the group are referred by a hospital, court, government
agency, recognized social service agency or health professional; and
b. such facility is licensed and/or approved under provincial statues and in
compliance with municipal by-laws.
2.75.
Habitable
See "Human Habitation".
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2.76.
Health and Social Services
Health and Social Services means businesses such as: doctors, dentists,
psychiatrists, chiropractors, professional registered massage therapists and other
regulated health professionals, child care centre and counselling.
2.77.
Home Industry
Home Industry means a craft, trade, guild or service, excluding a motor vehicle
repair garage and motor vehicle body shop, conducted within an accessory
building on the lot as a clearly incidental or secondary use to the residential use or
farm use of the property and provided the proprietor carrying out the craft, trade guild
or service resides within a dwelling unit located on the same lot.
2.78.
Home Occupation
Home Occupation means an occupation for gain or support conducted within a
dwelling unit as a clearly incidental or secondary use to the residential use and
provided the proprietor carrying out the occupation resides within the dwelling unit.
2.79.
Hospital
Hospital means any institution, building or other premises established for the
treatment of persons afflicted with or suffering from sickness, disease or injury, for the
treatment of convalescent or chronically ill persons that is approved under the Public
Hospitals Act and shall include a private hospital as defined under the Private
Hospitals Act.
2.80.
Hotel
Hotel, which also includes an inn but does not include a bed and breakfast, means a
building or structure used for the purpose of catering to the needs of the traveling
public by supplying temporary sleeping accommodations, food and refreshments, and
which may contain a public dining area, meeting rooms or an accessory banquet hall.
2.81.
Human Habitation
Human Habitation means use of a building or structure for living, sleeping and
eating or for food preparation purposes.
2.82.
Indoor Recreational Centre
Indoor Recreational Centre means a sports or recreation facility used by private
members or the general public and includes an arena, racquet courts, a swimming
pool, gymnasium, or other similar indoor recreational uses, and may include an
administrative office as an accessory use but does not include a place of
entertainment or a banquet hall.
2.83.
Landing
Landing means an area at the top of a flight of stairs or between flights of stairs, which
does not exceed the width of the associated stairs by more than 1 ½ times, or a
maximum width of 2.5 metres, whichever is less.
2.84.
Landscaped Open Space
Landscaped Open Space means an open, unobstructed space on a lot, located at
grade which is dedicated to the growth and maintenance of trees, shrubs, grass,
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flowers, decorative paving and other landscape features and may include patios, hard
surface play areas, and walkways, but does not include any driveway, ramp, boat
ramp or parking area, whether surfaced or not, or any open space beneath a building
or structure. A walkway shall not be used as a driveway or parking area.
2.85.
Landscaped Strip
Means an open, unobstructed space on a lot, located at grade which is dedicated to
the growth and maintenance of trees, shrubs, grass, flowers, decorative paving and
other landscape features and may include patios and walkways, but does not include
any driveway, ramp, at grade recreational uses, boat ramp or parking area, whether
surfaced or not, or any open space beneath a building or structure. A walkway shall
not be used as a driveway or parking area.
2.86.
Lane
Lane means a thoroughfare or way, which affords only a secondary means of access
to abutting property.
2.87.
Laundry or Dry Cleaning Depot
Laundry or Dry Cleaning Depot means a building or part of a building used for the
purpose of receiving articles or goods of fabric to be subjected to a commercial process
of laundering, dry cleaning, dyeing or cleaning elsewhere and for the pressing and
distribution of any such articles or goods which have been subjected to any such
process. This use includes a self-service laundry facility, in which the business of a
laundromat is conducted by means of one or more washers and drying, ironing,
finishing and incidental equipment. This definition does not include a dry cleaning
establishment, as defined herein.
2.88.
Leaching Bed
Leaching Bed means a leaching bed as defined in the Ontario Building Code.
2.89.
Leasable Area
Leasable Area means the sum total of the area of the floor or floors measured from the
exterior walls of the building or structure at the level of each floor or mezzanine level
but shall not include: basements; ancillary offices; storage areas accessible to the
general public; floor area common by the tenants of a building such as a mall, aisle or
hallway, or elevator shaft or lobby; stairwells; washrooms; maintenance, mechanical,
electrical or utility rooms, seasonal garden centres; and garbage enclosures.
2.90.
Live-Work Unit
Live-Work Unit means a dwelling unit, part of which may be used as a business
establishment and where the dwelling unit is the principal residence of the business
operator.
2.91.
Loading Space
Loading Space means an unencumbered area of land which is provided and
maintained upon the same lot or lots upon which the principal use is located and
which area:
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a. is provided for the temporary parking of one commercial motor vehicle while
merchandise or materials are being loaded or unloaded from such vehicle and
such parking shall not be for the purpose of sale or display;
b. is suitable for the temporary parking of one commercial motor vehicle; and
c. has adequate access to permit ingress and egress of a commercial motor
vehicle from a street by means of driveways, aisles, maneuvering areas or
similar areas.
2.92.
Long-Term Care Home or Nursing Home
Long-Term Care Home or Nursing Home means premises in which lodging is
provided with or without meals and in addition, nursing or medical care and treatment is
provided in accordance with the Long-Term Care Homes Act, as amended, and/or
other applicable legislation and regulations, and shall include a hospice in accordance
with any applicable regulations, but does not include a retirement home as defined
herein.
2.93.
Lot
Lot means a parcel of land which can be legally conveyed subject to the provisions of
the Planning Act, as amended.
2.94.
Lot Area
Lot Area means the total area within the lot lines of a lot located above the water's
edge (elevation of 219.15 metres above sea level).
2.95.
Lot, Corner
Lot, Corner means a lot abutting one or more parts of the same street, or on two or
more streets in which an interior angle of less than 135 degrees is contained by the
two straight lines which adjoin the foremost point of the lot with the two points at which
the interior side lot line and the rear lot line meet the street or streets.
2.96.
Lot Coverage
Lot Coverage means the area of all buildings and structures, including those
buildings or structures extending out into the water, divided by the area of the lot, up
to and including the water's edge (elevation of 219.15 metres above sea level),
measured as a percentage. The area of all buildings and structures excludes
canopies, retaining walls, fences, pools, at grade recreational uses, septic systems
and overhanging eaves to a maximum of 1.0 metre. The area of all buildings and
structures is measured on a horizontal plane to the outside edge of walls, the posts of
an unenclosed structure, or the furthest extent of a deck (greater than 2.0 metres in
height) / balcony.
2.97.
Lot Depth
Lot Depth means the horizontal distance between the midpoints of the front lot line
and the rear lot line or where a waterfront lot line exists, the waterfront lot line.
Where there is no rear lot line, means the length of a line within the lot between the
midpoint of the front lot line and the apex of a triangle formed by the side lot lines.
2.98.
Lot Line
Lot Line means any boundary of a lot.
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2.99.
Lot Line, Front
Lot Line, Front means the lot line that divides the lot from the street, but
a. in the case of a corner lot, the shorter of the lot lines abutting the street;
b. in the case of a corner lot line with two street lines of equal length, the Town
may designate either street line as the front lot line; or,
c. in the case of a corner lot with two street lines of equal length and situated at
the intersection of a County Road and Provincial Highway of equal widths, the lot
line which abuts a Provincial Highway shall be deemed to be the front lot line;
or
d. in the case of a corner lot abutting a 0.3 m reserve, the lot line so abutting the
0.3 m reserve shall be deemed an exterior side lot line and the other line
abutting the street shall be deemed the front lot line; or
e. in the case of a through lot, the longest of the lot lines dividing the lot from the
street shall be deemed to be the front lot line and the opposite shorter lot line
shall be deemed to be the rear lot line. In case each of the lot lines should be
of equal length, the Town may designate either street line as the front lot line.
2.100.
Lot Line, Exterior Side
Lot Line, Exterior Side means the longer of the lot lines of a corner lot which abuts
a street.
2.101.
Lot Line, Interior Side
Lot Line, Interior Side means the side lot line which does not abut a street.
2.102.
Lot Line, Rear
Lot Line, Rear means the lot line farthest from and opposite to the front lot line.
2.103.
Lot Line, Waterfront
Lot Line, Waterfront refers specifically to lots abutting shorelines and means the lot
line farthest from and opposite to the front lot line and abutting the water's edge
(elevation of 219.15 metres above sea level). Should a lot not directly abut the
shoreline, the waterfront lot line shall be the lot line opposite the front lot line.
2.104.
Lot, Through
Lot, Through (notwithstanding any 0.3 metres reserves) means a lot bounded on two
opposite sides by streets provided, however, that if any lot qualifies as being both a
corner lot and through lot as herein defined, such lot is deemed a corner lot for the
purposes of this By-law.
2.105.
Main Front Wall
Main Front Wall or Main Wall means the walls of a building or structure that face the
front lot line or face the exterior side lot line in the case of a corner lot.
2.106.
Marina
Marina means a commercial establishment where a boathouse, boat storage, boat
repair facilities, boat rental, pier, dock, pump-out or jetty facilities or any combination of
the foregoing are available for all types of marine craft and may include a gasoline
pump for the fuelling of marine craft and buildings or structures for the sale of marine
craft, snowmobiles or other similar recreational vehicles as well as related
accessories and the provision of refreshments as an accessory use.
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2.107.
Medical Office
Medical Office means a building or part of a building that is used by one or more
physicians, surgeons, dentists, chiropractors or other medical practitioners together
with their nurses, clerical and technical employees in the practice of these professions
but does not include the provisions of beds or any form of retail trade other than the
sale of pharmaceutical goods.
2.108.
Model Home or Demonstration Unit
A Model Home or Demonstration Unit means a single detached dwelling, semi-
detached dwelling, townhouse dwelling, or apartment dwelling, temporarily used
for the purpose of showing prospective buyers what the aesthetics and finishes of a
typical residential dwelling unit in a proposed development may look like.
2.109.
Modular Home
Modular Home means a factory-built home which is a dwelling unit designed and
built to be transported on its own chassis or frame. It may contain parts that can be
folded, collapsed, or telescoped when being towed and expanded later to provide
additional floor space. It can also be two or more separately towable components that
are joined on the chosen site. The modular home is designed for long-term year-
round occupancy. It has facilities for cooking, eating, living, sleeping and sanitation. A
modular home does not include a park model mobile home trailer, travel trailer, tent
trailer or trailer otherwise designed. For the purposes of this definition, a modular
home having an A277 Standard is permitted, while those having either a Z240, Z241
Standard or a combination of either of these with the A277 Standard are not permitted.
2.110.
Motel
Motel means premises that contain rooms with no private cooking facilities that are
rented on a temporary basis to the public with each room being accessed from the
outside.
2.111.
Motor Vehicle
Motor Vehicle means an automobile, motorcycle, a motor-assisted bicycle, as
amended, and any other vehicle propelled or driven otherwise than by muscular power.
2.112.
Motor Vehicle Body Shop
Motor Vehicle Body Shop means a building or place used to repair auto bodies
including spray painting.
2.113.
Motor Vehicle, Commercial
Motor Vehicle, Commercial means a motor vehicle used in association with a
commercial or industrial use and has a gross weight (inclusive of load, if applicable) of
more than 2,250 kg.
2.114.
Motor Vehicle Dealership
Motor Vehicle Dealership means premises where new or used automobiles or
motorcycles are sold, lease or rented and which may include an accessory motor
vehicle repair garage, an accessory motor vehicle body shop or the retail sale of
motor vehicle accessories and products as an accessory use.
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2.115.
Motor Vehicle Gas Bar
Motor Vehicle Gas Bar means premises used for the sale of fuels for and accessory
items.
2.116.
Motor Vehicle Repair Garage or Motor Vehicle Service Station
Motor Vehicle Repair Garage or Motor Vehicle Service Station means premises
used for the repair of motor vehicles and commercial motor vehicles.
2.117.
Motor Vehicle Washing Establishment
Motor Vehicle Washing Establishment means a building or structure for the
operation of motor vehicle washing, including self-service or automatic motor vehicle
washing.
2.118.
Municipal By-Law Enforcement Officer
Municipal By-Law Enforcement Officer means the officer or employee of the Town of
Innisfil with the duty of enforcing the provisions of municipal by-laws.
2.119.
Municipal Services (Water or Wastewater)
Municipal Services (Water or Wastewater) means infrastructure that is owned and
operated by a public authority and is designed to adequately service the water and
sewage disposal needs of a use, building or lot.
2.120.
Natural Heritage
Natural Heritage means an area, site or feature that exhibits biological, geological,
hydrological, landform or cultural attributes that are significant on a local, regional,
provincial or national scale and as may be identified on Schedule B: Land Use of the
Official Plan or meeting the Official Plan policy criteria for being identified on Schedule
B: Land Use of the Official Plan.
2.121.
Naturalized Vegetation Area
Naturalized Vegetation Area shall mean an unenclosed area of land dominated by
native plant species that grow and persist without direct human management,
protection or tending. The area of the naturalized vegetation area shall be included in
the calculation of any required minimum landscaped open space.
2.122.
Net Residential Area
Net Residential Area shall mean the area of the land utilized for residential dwelling
units including the lot area and the local residential streets. It excludes parks,
schools, storm water management ponds, collector roads, stream corridors and
natural environmental features.
2.123.
Net Residential Density
Net Residential Density shall mean the number of dwelling units divided by the net
residential area.
2.124.
Non-Complying
Non-Complying means a building or structure which does not comply with the
regulations, standards, requirements or provisions of the By-law for the Precincts in
which such building or structure is located as of the date of the passing of the By-law.
Town of Innisfil Community Planning Permit By-law
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2.125.
Non-Conforming
Means an existing use or activity of any land, building or structure which does not
conform to the permitted uses of the By-law for the Precinct in which such use is
located as of the date of the passing of this By-law.
2.126.
Nursery
Nursery means a place where young trees or other plants are grown for transplanting
and for sale and may also include the sale of related accessory supplies and may
include a garden centre as an accessory use.
2.127.
Office Supply Establishment
Office Supply Establishment means a retail store devoted to wholesale and retail
sale of office and school supplies, such as paper products, information processing
supplies, files and furniture, office machines, office cleaning supplies and accessories.
2.128.
Outdoor Recreation Use
Outdoor Recreation Use means an accessory or principal recreation use which is
open and unobstructed to the sky, and without limiting the generality of the foregoing,
includes a basketball court, tennis court, outdoor swimming pool, soccer field, football
field, outdoor skating rink, picnic area, playground, pavilion, golf driving range,
miniature golf course or any other similar use.
2.129.
Outside Storage
Outside Storage means an area of land used in conjunction with a permitted use
located on the same lot, for the storage of goods and materials. The temporary or
overnight parking of motor vehicles shall not be considered outside storage.
2.130.
Outside Display and Sales Area
Outside Display and Sales Area means a portion of a lot used for exhibiting in an
orderly manner, assembled or finished products sold by a retail business on the same
lot, but does not include outside storage.
2.131.
Park
Park means an area of land consisting largely of open space and which may include
outdoor recreation uses, a pavilion or a conservation use.
2.132.
Park, Private
Park, Private means a park that is operated for commercial gain, other than a public
park.
2.133.
Passive Recreational Uses
Passive Recreational Uses means outdoor areas including walking or hiking trails,
picnic areas, interpretative or educational signage, lookouts, boardwalks, benches,
shade structures, bicycle paths and associated parking areas.
2.134.
Parking Aisle
Parking Aisle means an area of land which abuts and provides direct vehicular access
to one or more parking spaces.
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2.135.
Parking Area
Parking Area means an area or structure, including a private garage or driveway,
provided for the temporary parking of vehicles which is accessory to a permitted use,
and includes any related parking aisle, parking spaces and structures, but does not
include any part of a street or laneway.
2.136.
Parking Space
Parking Space means a rectangular area, exclusive of aisles, used for the temporary
parking of motor vehicles.
2.137.
Parking Lot or Structure, Public
Parking Lot or Structure, Public means a non-accessory parking area operated by
a public authority, which is an open area, other than a street, or a building or
structure used for the temporary parking of two (2) or more motor vehicles.
2.138.
Patio
Patio means a platform without a roof and abutting one or more walls of a building or
constructed separate from a building, with or without direct access to the ground, the
floor of which is not more than 0.6 metres above grade, which is designed and
intended for use as an amenity space which is accessory to the principal use on the
lot.
2.139.
Patio, Outdoor
Patio, Outdoor means an outdoor area where food, beverage, wine, spirits or any of
them are served to the public or to members of a club or organization and is an
accessory use to a restaurant.
2.140.
Pavilion
Pavilion means a partially enclosed structure having a roof supported on piers, for the
purpose of shelter from the elements during such activities as picnics, outdoor
entertainment, and performances.
2.141.
Personal Services Establishment
Personal Service Establishment means a business where services provided and
administered to individuals and their personal needs including hair care, beauty shops,
tailor shops, laundry and dry cleaning depots, shoe repair shops, etc. and where the
sale or retail of goods, wares, merchandise, articles or things is only accessory to the
provisions of such services.
2.142.
Pet Day Care Establishment
Pet Day Care Establishment means premises, including land, buildings, structures
and which may include an outdoor run, in which the care and temporary
accommodation of not more than ten (10) domestic household pets are provided in
return for remuneration, but shall not include the overnight boarding of pets, and shall
not include a kennel as defined herein.
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2.143.
Pharmacy
Pharmacy means a retail store in which the principal use is the retail sale of drugs,
pharmaceutical products, medicines and similar sundries.
2.144.
Photography or Artist's Studio
Photography or Artist's Studio means premises used for portrait and commercial
photography, painting, sculpting, or other forms of art and craft making, and which may
include the sale of art, crafts and photography created or developed on the premises,
or the ancillary retail sale of equipment used by photographers or artists.
2.145.
Place of Entertainment
Place of Entertainment means a building or part of a building intended for
recreational or entertainment uses, including a movie or other theatre, arena,
auditorium, public hall, bingo hall, billiard or pool room, bowling alley, paint ball, go kart,
parkour, rock climbing, gymnasium, escape room, axe throwing or similar such uses
and where all such uses are contained within a fully enclosed structure.
2.146.
Place of Worship
Place of Worship means premises dedicated to religious worship and includes a
church, synagogue, temple, mosque, and which may include a child care centre,
school of religious education, banquet hall, convent monastery, parish hall or a
caretaker dwelling as an accessory use.
2.147.
Point of Intersection
Point of Intersection means the point at which two street lines abutting a corner lot
intersect or if the two street lines meet in a curve, then it is the point at which the
projection of the two lot lines abutting the two streets intersect.
2.148.
Porch/Verandah
Porch/Verandah means a structure abutting the main wall of a building, having a roof,
but with walls that are generally open and unenclosed.
2.149.
Portable Classroom:
Portable Classroom means a building used to provide temporary school
accommodation. A portable classroom is part of the primary school use.
2.150.
Prefabricated home sales establishment or modular home sales and display
Prefabricated home sales establishment or modular home sales and display
means premises used for the display and sales of prefabricated homes or modular
homes.
2.151.
Premise
Premise means the area of a building occupied or used by a single business or
enterprise. In a multiple tenancy building that is occupied by more than one (1)
business, each individual business area shall be considered a separate premise.
2.152.
Principal Use
Principal Use means the main use to which the subject lands are devoted and the
main purpose for which the subject lands are used.
2.153.
Printing and Publishing Establishment
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Printing and Publishing Establishment means a commercial establishment for
blueprinting, engraving, stereotyping, electro-typing, printing or typesetting, and shall
include a duplicating shop.
2.154.
Private Club
Private Club means a building or part of a building used as a meeting place for the
members of an organization or an athletic, fitness, social or recreation club and
includes a fraternal organization.
2.155.
Private Services (Water or Wastewater)
Private Services (Water or Wastewater) means infrastructure on a lot which is
privately owned and operated, which is designed to service the water and sewage
disposal needs of that lot, and without limiting the generality of the foregoing, shall
include a private septic system and a private well.
2.156.
Private Road
Private Road means a laneway or easement not assumed by the municipality and is
usually traveled and maintained by a private individual or group of individuals.
2.157.
Professional Office
Professional Office means businesses offering professional services such as:
accountants, architects, engineers, financial services, lawyers, land use planners, real
estate agents, bookkeeping, and marketing and advertising agents.
2.158.
Public Authority
Public Authority means:
a. the Town, County of Simcoe, Government of Ontario, Government of Canada,
Lake Simcoe Region Conservation Authority, Nottawasaga Valley Conservation
Authority or any board, authority, or commission of them;
b. any entity providing police, ambulance or fire service on behalf of the authorities
listed in clause a);
c. any utility company providing communication, electrical or natural gas services;
d. any railway company authorized under the Railway Act of Canada; or
e. any corporation providing services to the public that has an operating budget
entirely funded by one or more entities listed in clause (a).
2.159.
Public Service Facilities
Public Service Facilities means land, buildings and structures, including by not limited
to schools, hospitals and community recreation facilities, for the provision of programs
and services provided or subsidized by a government or other body, such as social
assistance, recreation, police and fire protection, health, child care and educational
programs including elementary, secondary, post-secondary, long-term care services,
and cultural services. Public service facilities do not include infrastructure.
2.160.
Public Use
Public Use means the use of a lot, building, structure or facility by a public
authority, for the purpose of providing its services to the public, or carrying out its
public mandate including: infrastructure and utilities necessary for the transmission or
distribution of electricity, municipal water, and sewage, as well as public roads, rail
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lines, transit stations, stormwater management facilities, infrastructure and
transmission facilities for communications or cable television, but not including
administrative offices, sales outlets, garages, depots or yards.
2.161.
Rail Line
Rail Line means a transportation line or network consisting of, or having consisted of,
railroad track and the track bed.
2.162.
Recreational Vehicle Sales Establishment
Recreational Vehicle Sales Establishment means premises used for the display and
sale of recreational trailers or vehicles, boats, snowmobiles, all-terrain vehicles but
does not include a motor vehicle dealership as defined herein.
2.163.
Recreational Trailer or Vehicle
Recreational Trailer or Vehicle means a vehicular, portable unit, designed for travel,
camping or recreational use, including but not limited to a travel trailer, pick-up truck
camper, motorized camper, tent trailer and boat trailer.
2.164.
Refreshment Vehicle
Refreshment Vehicle means a commercial operation from which food is cooked
and/or refreshments prepared, carried and offered for sale for consumption and
dispensing to the general public. A refreshment trailer means a mobile cart or motor
vehicle provided with or without wheels or runners used for the carriage of person or
goods and shall include, but not limited to, a car, truck, trailer, motorcycle, cart,
carriage, container, wagon, snow mobile or all-terrain vehicle.
2.165.
Restaurant
Restaurant means an establishment that has full kitchen facilities for the preparation of
meals and is engaged in the sale and service of meals to the public for consumption on
or off the premises.
2.166.
Retail Store
Retail Store means a building or part of a building where goods, merchandise,
substances or articles are offered for retail sale or rental directly to the general public.
2.167.
Retirement Home
Retirement Home means premises that provides accommodation primarily to retired
persons or couples where each private bedroom or living unit has a separate private
bathroom and separate entrance from a common hall but where common facilities for
the preparation and consumption of food are provided, and where common lounges,
recreation rooms and medical care facilities may also be provided, but which shall not
include a long-term care home.
2.168.
Sales Pavilion
Sales Pavilion means a temporary structure, temporarily used for the purpose of a
sales office for prospective buyers of dwelling units, either on or off-site of where the
proposed dwelling units are constructed.
2.169.
School
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School means a public or separate elementary or secondary school, a private school
as defined in the Education Act as amended, a continuation school, a technical
school, a vocational school, or other education institution, but does not include a
commercial school.
2.170.
School, Commercial
School, Commercial means a service commercial establishment which provides
instruction in any subject for gain or profit, and without limiting the generality of the
foregoing, includes a secretarial college or school, a business school, a trade
school, a dance school or studio, a school of music, a modeling school, but does not
include a school or a private, religious or philanthropic academic institution.
2.171.
Self Storage
Self Storage Units means a building consisting of individual, small, self-contained
units that are leased or owned for the storage of business and household goods.
2.172.
Service and Repair Establishment
Service and Repair Establishment means a building or part of a building devoted
primarily to the repair and servicing of personal effects, household goods, small and
large household appliances, office equipment including computers, photocopiers,
telephones and other equipment, as well as the service and repair of small combustion
engines, and which may include accessory retail sales of goods and articles directly
related to the service offered, but does not include any other uses defined herein . A
plumbing, heating and air conditioning establishment would also be considered as a
service and repair establishment.
2.173.
Setback
Setback means the distance between a lot line, or projected lot line into Lake Simcoe
or the water's edge (elevation of 219.15 metres above sea level) and the nearest wall
of any building or structure as indicated in the context in which the term is used.
2.174.
Shopping Centre
Shopping Centre means a group of commercial uses which has been designed and
developed as a unit by a single owner or group of owners.
2.175.
Short-Term Accommodation
Short-Term Accommodation means the whole of a Dwelling Unit marketed or
brokered on a Short-Term Accommodation Platform to provide temporary sleeping
accommodations for any rental period that is less than 28 consecutive days in
exchange for payment. This includes a Bed and Breakfast Establishmentbut
excludes hotels, motels and accommodations where there is no exchange for
remuneration.
2.176.
Short-Term Accommodation Platform
Short-Term Accommodation Platform means a website or digital application used by
persons for the marketing, brokering, advertising or facilitation of Short-Term
Accommodation rentals.
2.177.
Storage Shed
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Storage Shed means a detached accessory building used solely for storage
excluding motor vehicles.
2.178.
Shoreline
Shoreline means the water's edge measured at an elevation of 219.15 metres above
sea level.
2.179.
Site Alteration
Site Alteration means a change to the existing topography by more than 0.3 metre, or
over an area exceeding 9 square meters, and includes excavation, blasting, filling and
grading.
2.180.
Sleeping Cabin
Sleeping Cabin Means an accessory building, not attached to a principal dwelling,
designed for the temporary accommodation of persons, but does not contain a kitchen
or food preparation facilities, also known as a bunkie.
2.181.
Stacking Lane
Stacking Lane means a continuous on-site queuing lane that includes tandem
parking spaces for motorized vehicles which is separated from other vehicular traffic
and pedestrian circulation, by barriers, markings or signs. A stacking lane shall
include that portion of the lane past the service window and/or automated machine
where orders are received.
2.182.
Stacking Space
Stacking Space means a portion of a stacking lane which provides standing room for
a vehicles in a queue.
2.183.
Storey
Storey means that portion of a building between the surface of a floor and the floor,
ceiling or roof immediately above. Any portion of a building partly below grade level
shall be deemed a storey where its ceiling is at least 1.8 metres above grade.
2.184.
Storey, First
The first storey will be defined as the floor closest to the established grade.
2.185.
Street
Street means a public highway which affords the principal means of access to an
abutting lot and which is dedicated, assumed, maintained and/or opened by the Town,
County of Simcoe, Province of Ontario and any other Municipality. A private road
within a Common Element Plan of Condominium shall be deemed to be a street for the
purposes of this By-law, as will a private road servicing lots abutting the shoreline.
2.186.
Street Line
Street Line means the limit of the street allowance and is the dividing line between a
lot and a street.
2.187.
Structure
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Structure means anything constructed or erected, the use of which requires location
on or in the ground or on or in the water, or which is attached to something having
location on the ground or in the water.
2.188.
Swimming Pool
Swimming Pool means a body of water located outdoors, having an area of more than
9 square metres contained by artificial means, a water depth greater than 0.6 metres at
any point and which is used and maintained for the purpose of swimming, diving or
bathing.
2.189.
Swimming Pool Sales and Display
Swimming Pool Sales and Display means an establishment for the sales and display
of swimming pools, hot tubs, saunas and similar structures and accessory goods
related to the care and maintenance of such structures, and which may include
outside display of merchandise.
2.190.
Tandem Parking
Tandem Parking means two parking spaces, located one behind the other.
2.191.
Taxi Stand or Dispatch Office
Taxi Stand or Dispatch Office means a building or part of a building wherein a
business office is contained for the administration and dispatching of taxi vehicles for
gain or hire but does not include the servicing or repair of vehicles.
2.192.
Temporary Structure
Temporary Structure means a structure that is accessory to the principal use or
building on the same lot, and is intended to be erected on a temporary basis and may
include such structures as a produce stand, tent, temporary garage, boat lift or other
similar type of temporary structure, but shall not include temporary structures
related to construction activities, including temporary sales or rental offices.
2.193.
Temporary Turning Circle
Temporary Turning Circle shall mean those lands that have been conveyed or
provided as an easement to the Town for purposes of a temporary public road
allowance.
2.194.
Tourist Cabin Establishment
Tourist Cabin Establishment means a tourist commercial establishment
comprised of two or more cabins arranged singly or in pairs and in which cooking
facilities may be provided.
2.195.
Tourist Commercial Establishment
Tourist Commercial Establishment means premises designed for the traveling or
vacationing public, and that has facilities for accommodation and may serve meals or
provide kitchen facilities within each unit and may furnish equipment supplies or
services to persons for recreational purposes, but does not include a campground,
trailer park or private park.
2.196.
Tourist Information Centre
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Tourist Information Centre means all or a part of a building used to provide
information to the travelling or vacationing public.
2.197.
Transport Terminal
Transport Terminal means premises where trucks or tractor trailers are rented,
leased, kept for hire, or stored or parked for remuneration, or from which trucks or
transports, stored or parked on the property, are dispatched for hire as common
carriers, and which may include freight-handling facilities, such as pick-up, delivery and
transitory storage of goods incidental to motor freight shipment is provided.
2.198.
Use
Use means:
a. the purpose for which any water, land, buildings or structures may be arranged,
designed, designated, intended, maintained or occupied; and
b. the occupation, business, activity, or operation carried on, or intended to be
carried on the water, land or in a building or structure for which it is arranged,
designed, designated, intended, maintained or occupied.
2.199.
Use, Commercial
Use, Commercial means the use of land, building or structure for the purpose of
buying and selling commodities, wares, goods or merchandise, and supplying of
services to the general public or to businesses, as distinguished from such uses as
manufacturing or assembling of foods, warehousing, transport terminals, construction
and any other similar uses.
2.200.
Use, Discretionary
Use, Discretionary means a use that may only be allowed if the criteria set out in this
By-law and any footnotes associated with the discretionary use as identified in this
by-law have been addressed to the satisfaction of the Approval Authority.
2.201.
Use, Institutional
Use, Institutional means a building or part of a building used for non-commercial
purposes by an organized body, religious group or society such as a public hospital,
library, convent or similar use.
2.202.
Use, Residential
Use, Residential means the use of a building or structure or a portion of a building
or structure as a dwelling.
2.203.
Use, Non-Residential
Use, Non-Residential means any use which is not associated with a dwelling.
2.204.
University or College
University or College means a public, post-secondary institution but shall not include
a commercial school.
2.205.
Veterinary Clinic
Veterinary Clinic means a building or structure or part thereof used for the purpose
of consultation, diagnosis and treatment of small animals, birds or domestic pets,
including the boarding of such animals, birds and pets, and does not include the
treatment of livestock.
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2.206.
Veterinary Hospital
Veterinary Hospital means a building or structure or part thereof used for the
purpose of consultation, diagnosis and treatment of any type of animal or bird including
livestock and may also include the disposal or boarding of animals, birds and pets.
2.207.
Walkway
Walkway means an at grade surface used for pedestrian access. A walkway shall not
be used for the parking of motor vehicles.
2.208.
Watercourse
Watercourse means any surface stream or river including an intermittent stream,
drainage ditch, municipal drain or flowing stream or river but this does not include a
ditch constructed within a road allowance for the specific purpose of draining a street.
2.209.
Water's Edge
Water's Edge means:
a. where water levels are not managed by a control structure, the ordinary
interface between land and water identified by a mark made by the action of
water under natural conditions on the shore or bank of a water way, which action
has been so common and usual that it has created a difference between the
character of the vegetation or soil on one side of the mark and the character of
the vegetation and soil on the other side of the mark, or;
b. where water levels are managed by a control structure, the location at which the
horizontal plane of the regulated summer water level intersects with the land,
and,
c. for the purposes of this Bylaw shall mean the standard average annual water
level measured at an elevation of 219.15 metres above sea level.
2.210.
Water Structure, Permanent
Water Structure, Permanent means any dock, ramp, boat lift, marine railway or other
similar structure in place year-round.
2.211.
Water Structure, Seasonal
Water Structure, Seasonal means any dock, ramp, boat lift, marine railway or other
similar structure not in place from December 1 to March 31.
2.212.
Yard
Yard means the space on a lot, not covered by buildings and structures, which is
open, from the ground to the sky.
2.213.
Yard, Front
Yard, Front means the yard extending across the full width of the lot between the
front lot line of the lot and the nearest wall of the principal building on the lot
2.214.
Yard, Side
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Yard, Side means the yard extending from the front yard to the rear yard or
waterfront yard between the side lot line and the nearest wall of any building or
structure on the lot.
2.215.
Yard, Exterior Side
Yard, Exterior Side means a side yard immediately adjoining or abutting a road or
road allowance.
2.216.
Yard, Interior Side
Yard, Interior Side means a side yard other than an exterior side yard.
2.217.
Yard, Rear
Yard, Rear means the yard extending across the full width of the lot between the rear
lot line of the lot and the nearest wall of any principal building or structure on the
lot. Where a rear yard is required for an accessory building in this By-law then this
definition applies except the words accessory building are to be substituted for
principal building.
2.218.
Yard, Waterfront
Yard, Waterfront means any yard extending across the full width of the lot which
abuts the water's edge (elevation of 219.15 metres above sea level) and is situated
between the water edge and a line parallel to it at the nearest point of any dwelling.
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Section 3.0 - General Provisions
3.1
Variations to General Provisions
a)
Variations to any general provision within Section 3 of this By-law will be subject
to a Class 2 Community Planning Permit Application, unless otherwise specified.
b)
General provisions shall not be varied for any use that is not permitted within the
applicable Precinct. Where a use is not permitted within the applicable Precinct,
an Amendment to this By-law shall be required.
3.2
Access
a) No person shall erect any building or structure unless the lot upon which such
building or structure is to be erected fronts onto a street, or private road
subject to or intended to be subject to a plan of condominium.
b) Subsection a) does not prohibit the erection of any building or structure on any
existing lot or proposed lot accessed by a private road or easement existing at
the date of passing of this By-law, but where all other provisions of this By-law
apply.
c) Any lot or parcel of land existing prior to the passing of this By-Law that only
has access via a private road or easement, the lot line abutting the private
road or easement shall be deemed to be the front lot line and front yard for the
purposes of this By-Law.
d) Development shall only be permitted on a lot that abuts a shoreline or an
original shore street allowance which has frontage on a year-round maintained
public street, a seasonally maintained public street or a private street with a
legal right of way.
3.3
Accessory Buildings and Structures
The following provisions shall apply to accessory buildings and structures:
a) The total lot coverage of detached accessory buildings and structures
(including detached decks, detached private garages and other accessory
buildings and structures) shall not exceed 10% of the lot area except that
where a swimming pool is provided, the total lot coverage for accessory uses
shall not exceed 20%. Any at grade recreational use(s) such as but not limited to
basketball courts, tennis courts, outdoor hockey rinks, etc., but not at grade
swimming pools, shall meet the minimum setback provisions for an accessory
structure but these recreational use(s) at grade shall be exempt from lot
coverage requirements. Where an attached deck in a residential Precinct is less
than 1.8 metres in height, as measured from the established grade to the
platform, the attached deck shall not be subject to lot coverage.
b) For the purposes of this provision, the floor area of the accessory building shall
not include a staircase or landing used to access the garage or any second
storey above the garage.
c) The footprint of an accessory building or structure shall not exceed 50 square
metres in any Residential Precinct. This provision shall not apply to an attached
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deck/porch/verandah/balcony, swimming pool, boathouse, or dock permitted
in accordance with the provisions of this By-law.
d) In all Residential Precincts, the setbacks for accessory buildings and
structures shall be in accordance with the setbacks for accessory buildings
and structures specifically indicated in the Precinct Regulations. In all other
Precincts, accessory buildings and structures shall be subject to the same
required yard setbacks as the principal buildings, as indicated in the Precinct
regulations.
e) Notwithstanding any other provision of this By-law, no accessory buildings and
structures shall be located closer to the front lot line than the principal
building in any Precinct, except in the Shoreline Residential Precinct and where
specifically permitted by this By-law. Additionally, except in the case of a
shoreline property within a Residential Precinct, no detached accessory
structure shall be permitted in the front yard. Where a school use is within the
Community Service Precinct, detached accessory structures may be located
closer to the front lot line than the principal building, provided it is not within
the required front yard setback.
f) No accessory building shall exceed the height of the principal building on the
lot or 5.0 metres, whichever is the lesser.
g) No person shall use an accessory building as a dwelling or dwelling unit
except where specifically permitted by this By-law.
3.4
Additional Dwelling Units
Notwithstanding any other provisions of this By-Law to the contrary, the following
provisions shall apply to permit the construction of an additional dwelling unit, as an
accessory use to a permitted single-detached, semi-detached, linked or street
townhouse dwelling in the applicable Precinct subject to the following provisions:
General
a) A maximum of two (2) additional dwelling units will be permitted per lot, which
can both be provided within the dwelling, or one additional dwelling unit
provided within an accessory building.
b) When additional dwelling units are constructed within the dwelling, each
additional dwelling unit shall not be greater or equal in size than the gross
floor area of the principal dwelling unit.
c) Any additional dwelling unit shall not be severed from the lot that contains the
principal dwelling.
d) For additional dwelling units within an accessory building,
i.
The accessory building containing an additional dwelling unit shall be
setback a minimum of 3.0 metres from the exterior side lot line.
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ii.
The entrance to any additional dwelling unit located in a rear yard shall
be accessed by a continuous, unobstructed path of travel of at least 1-metre
wide between the main wall of the dwelling and the side lot line.
iii.
Notwithstanding Section 3.3 f), if an additional dwelling unit is located on the
second floor of a detached garage, the maximum height of the structure
shall be 7.5 metres.
iv.
The accessory building containing an additional dwelling unit shall be
setback a minimum of 4.0 metres from another building or structure on
the same lot if the other building or structure contains a dwelling unit.
3.5
Additional Dwelling Units in Restricted Areas
a) Any additional dwelling unit shall not be permitted on a lot serviced by a private
septic system, where the lot is located within 100.0 metres of the Lake Simcoe
shoreline.
b) Any additional dwelling unit shall not be located within any area subject to
natural hazards such as flooding or erosion hazards.
3.6
Availability of Municipal Services
Within Alcona and serviced Shoreline areas, no use of land or the erection or use of
buildings or structures are permitted unless there are available private or municipal
services and related capacity available to service the land, buildings or structures.
Should adequate municipal services be available, any development or re-development of
the land/lot must connect to them.
3.7
Bed and Breakfast Establishment
The following provisions shall apply:
a) A bed and breakfast shall be contained within a dwelling and be clearly
accessory to the principal residential use and shall not change the residential
character of the lot.
b) In the Shoreline Residential precinct a bed and breakfast shall contain no more
than two (2) guest rooms. In all other precincts, a bed and breakfast shall
contain no more than three (3) guest rooms.
c) No person other than the person residing in the residence containing the bed
and breakfast shall be employed except as is necessary for housekeeping and
food preparation purposes to service the guests of the bed and breakfast.
d) A bed and breakfast shall be owned and operated by a person residing in the
dwelling containing the bed and breakfast use.
e) The guest rooms shall not contain kitchen facilities.
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3.8
Conformity with an Established Building Line
Notwithstanding any other provision in this By-law, where a vacant lot exists or is
created between two developed lots or where an addition to a legally existing building
is proposed, and where the buildings on the abutting lots on either side are located
closer to the front lot line than is required by this By-law, the minimum front yard shall
be the average of the front yard of the two abutting lots.
3.9
Daylighting Triangles
a) Notwithstanding any other provision of this By-law, a daylighting triangle shall
be required on a corner lot at any at-grade intersection of two or more streets or
of a street and a rail line right-of-way that is measured according to that set out
below. The street classifications are set out in Schedule C: Transportation Plan
of the Town's Official Plan.
Street Classification
Intersecting Street
Classification
Minimum Daylighting
Triangle (m)
Local
Local
3
Collector (Minor & Major) 5
Arterial
10
Collector (Minor &
Arterial)
Local
5
Collector (Minor & Major) 10
Arterial
10
Arterial
Local
10
Collector (Minor & Major) 10
Arterial
15
County of Simcoe
Arterial
All Streets
15
Rail line Right-of-way
All Streets
15
b) Within a daylighting triangle, no buildings or structures which would obstruct
the vision of drivers of motor vehicles are to be erected, and no trees, signs,
shrubs, hedges, fences or walls are to be planted, erected or maintained to a
height greater than 1.0 metre above the centerline of the adjacent street at the
lowest point.
3.10
Existing Lots
Where an existing lot that does not meet the minimum lot area or frontage
requirements of this By-Law, the lot may be developed or used provided any building or
structure or use complies with all other provisions of this By-law, save and except
Section 3.25 [Natural environmental areas and features], and 3.21 [Non-conforming
uses of this By-Law].
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3.11
Fence
Any fence erected, constructed or maintained on any lot shall be subject to the
following:
a) No fence shall be permitted to be located in Lake Simcoe.
b) No fence shall be permitted within 0.3 metres of any lot line abutting a street or
private road.
c) No fence shall be permitted to be electrified and/or contain barbed wire.
d) No fence shall be greater than 1.82 metres in height above grade subject to the
following standards:
i. Any fence located within 6.1 metres of the water's edge shall not be more
than 0.9 metres in height above grade.
ii. Any fence located within 6.1 metres from the front lot line shall not be more
than 0.9 metres in height above grade.
iii. The height of any fence shall be measured from the highest point of the fence
or top beam, whichever is greater, to the base of the fence.
iv. Variations to these standards will require a Class 2 Permit.
3.12
Garages
The following provisions shall apply to garages:
a) The minimum front yard setback of a detached or attached garage, which faces
the street, shall be 6.0 metres. Where the detached or attached garage faces a side
lot line, the front yard setback shall be the same as the principal building and the
exterior side lot setback to the garage shall be 6.0 metres.
b) A detached garage shall be subject to the provisions of Section 3.3 (Accessory
Buildings and Structures) and the applicable provisions of this Section 3.12. A
detached garage shall be subject to the applicable yard requirements for principal
buildings on the lot, as contained in the Precinct regulations and the applicable
provisions of this Section 3.12.
c) A garage shall only be permitted in association with a principal building on the lot.
d) A garage shall not be used for human habitation unless specific planning
permissions have been granted.
e) On lots with a lot frontage of less than 20.0 metres, except in the case of a
shoreline property within a Residential Precinct, a detached or attached garage
shall not be permitted to project beyond the main front wall of the principal
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building and where a front porch is provided, the detached or attached garage
may project no more than 1.0 metre beyond the main front wall of the dwelling.
f) No driveway shall be permitted within a daylighting triangle.
g) The following additional provisions shall apply to detached garages accessed by a
rear lane:
i.
The minimum rear yard for a garage accessed by a rear lane shall be 1.2
metres.
ii.
The minimum interior side yard of a garage accessed by a rear lane shall be
equal to the interior side yard required for the main building. Notwithstanding
this provision, a detached private garage may share a common wall with an
adjacent detached private garage on an abutting lot.
iii.
A private garage accessed by a rear lane shall not be located closer than 6
metres to the principal dwelling on the same lot.
h) The maximum interior width of a private garage on a lot within a Residential Precinct
in Alcona as shown on Schedule A, excluding a garage accessed by a rear lane, shall
be in accordance with the following provisions:
i.
On lots with a lot frontage of less than 10 metres, the maximum interior width of
a private garage shall be 3.0 metres.
ii.
On lots with a lot frontage equal to or greater than 10 metres but less than 12
metres, the maximum interior width of a private garage shall be 5.0 metres
iii.
On lots with a lot frontage equal to or greater than 12 metres and less than 15
metres, the maximum interior width of a private garage shall be 6 metres.
iv.
On lots with a lot frontage equal to or greater than 15 metres, the maximum
interior width of a private garage up to 50% of the width of the main wall of the
principal building on the lot, to a maximum of 9.0 metres. This provision applies
to a private garage with garage door opening(s) that face the front yard.
3.13
Garbage Containment
a) For all uses except single detached, semi-detached and freehold multiple
attached dwellings (townhouses), outside storage of garbage containers is not
permitted. Outside storage of garbage containers is permitted for public service
facilities, including schools, provided that they are appropriately screened.
3.14
Group Homes
Where permitted by this By-law, group homes shall be subject to the following
provisions:
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a) Where permitted by this By-law, group homes shall be subject to the Precinct
regulations within which the group home is permitted.
b) A group home shall be permitted in all dwelling types within all Precincts where
residential uses are permitted, except a group home shall not be permitted in an
additional dwelling unit.
c) Notwithstanding the above provision, a group home with six or more residents,
exclusive of staff, shall not be permitted to locate within a dwelling unit in an
apartment building.
3.15
Habitable Dwelling Unit
a) Within the Shoreline Residential Precinct on Schedule A, a new habitable dwelling
unit may be permitted provided that a coastal engineering study or technical report
confirms that the structure is located outside any area affected by wave uprush or
other related hazards.
b) Within the Shoreline Residential Precinct on Schedule A, an existing habitable
dwelling unit may be reconstructed or enlarged, provided that:
i.
in the case of reconstruction, the entire building is dry flood proofed;
ii.
in the case of an addition, the addition is dry flood proofed and does not
exceed 50% of the original floor area; and,
iii.
the intended use of the building is unchanged or is otherwise permitted in this
By-law.
3.16
Hazard Lands (Regulated Area)
a) Lands located within the Hazard Lands overlay illustrated on Schedule A are lands
that are susceptible to flooding or erosion hazards, as mapped by the applicable
Conservation Authority. The delineation of Hazard Lands is intended to illustrate the
Conservation Authority's regulated area, which is based on the most current
information available, and may not be accurate or up to date in some areas. No new
buildings and structures or expansions to existing buildings and structures, or
the removal or placement of fill, shall be permitted within Hazard Lands in
accordance with the regulations of the underlying Precinct except with prior permit
approval from the applicable Conservation Authority. This requirement does not
apply to lots or blocks which have already received Conservation Authority permits.
b) Institutional uses and essential emergency services, including: day nurseries,
community centres, government facilities, hospitals, long-term care homes or
nursing homes, retirement homes, schools, and University and Colleges, shall
be prohibited in the regulatory flood plain, as more specifically defined by the
Conservation Authority having jurisdiction.
c) Notwithstanding any other provision in this By-law, no new buildings or structures
shall be located within 30 metres of the top of bank of any watercourse, except for
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lands within settlement areas as shown on Schedule A. This provision shall not
prevent the expansion or replacement of buildings or structures that legally existed
prior to the passing of this By-law within the setback area, provided the expansion or
replacement does not have the effect of reducing the setback from the top of bank of
any watercourse or increasing the floor area of a building or structure in a
minimum required yard.
d) Notwithstanding any other provision in this By-law, no new building or structure
shall be located within 6.0 metres from the top of stable slope for slopes that
generally exceed 33% or a 3:1 ratio.
e) Notwithstanding any other provision in this By-law, no new dwelling within a Hazard
Lands overlay shall be permitted in areas with extreme flood depths, to be
determined in consultation with the appropriate Conservation Authority.
3.17
Height Exceptions
The maximum height provisions of this By-law shall not apply to prevent the use,
erection or alteration of the following accessory buildings or structures provided the
principal use is located and erected on a lot and all other provisions of this Bylaw are
complied with:
-
church spire;
-
clock tower;
-
flag pole;
-
screened mechanical roof top features, i.e. air conditioner units and elevator
shafts;
-
non-commercial communication; and,
-
radio or television antenna or tower or an ornamental roof structure that
contains no floor area and is less than 2.3 square metres in area.
3.18
Holding Precincts
a) Holding (H) Precincts are established and identified on Schedule A to this By-law
in parenthesis following the Precinct symbol.
b) Prior to the removal of the Holding (H) symbol, the only permitted uses on the
lands subject to the Holding (H) symbol shall be those uses legally existing at
the date the Holding (H) symbol is applied.
c) Where a Holding (H) symbol is imposed on any land, the By-law which places the
Holding (H) symbol on said lands shall set out the conditions to be satisfied to
effect its removal.
3.19
Home Occupation
a) A Home Occupation shall maintain the residential character of the dwelling,
and shall not create or become a public nuisance, in particular, with regard to
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noise, noxious odours, emissions of smoke, traffic or parking.
b) Home Occupations shall include, but are not limited to:
a)
professional offices;
b)
health and social services;
c)
personal services; and
d)
crafts, trade and instructional services.
c) Home Occupations shall not include or permit:
i)
outdoor storage, including construction equipment or
commercially licensed vehicles;
ii)
outdoor storage of goods and materials;
iii)
repair and servicing of motorcycles, boats, trailers or any other
motorized vehicles;
iv)
kennel;
v)
nursing home;
vi)
eating establishment;
vii)
laundry service;
viii)
marine rental and storage establishments (boats, fish huts, docks);
ix)
taxi services or any similar type of business or use;
x)
a use that interferes with television or radio reception.
xi)
storage or use within any accessory structure including attached
garages; and
xii)
retail use.
d) Home Occupations must be wholly contained within the dwelling unit.
e) The Home Occupation shall occupy no more than 25% of the floor area of the
dwelling unit containing the Home Occupation or 100 square metres,
whichever is the lesser.
f) The Home Occupation must not require additional exterior construction
features, equipment or machinery than is needed for the dwelling unit
containing the Home Occupation, except for a required parking area.
g) The operator of the Home Occupation shall be a resident of the dwelling unit
containing the home occupation.
h) Home Occupations offering services shall be limited to a maximum of two (2)
customers at a time.
i) Home Occupations offering child-care services shall be limited to a maximum of
five (5) children.
j) The maximum number of Home Occupation shall be limited to one (1) per
dwelling unit.
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k) A maximum of one (1) employee that does not reside in the dwelling shall be
permitted.
3.20
Landscaped Strips
In all Commercial, Mixed use and Community Service Precincts, a landscaped strip
shall be provided and maintained in accordance with the following minimum
requirements:
a) A landscaped strip shall be required in any Commercial, Mixed use or
Community Service Precinct in any yard:
i.
abutting a Residential, Community Service or Open Space Precinct; and
ii.
abutting a street.
b) The landscaped strip shall have a minimum width of 3.0 metres.
c) The landscaped strip shall be provided along the entire length of the yard, except
where transgressed by a driveway.
d) The owner of the lot shall install and maintain the landscaped strip.
e) Landscaped strips shall not be required or permitted where a daylighting
triangle is required in accordance with Section 3.9.
f) Landscaped strips may be included in the calculation for minimum required
landscaped open space, as required by the Precinct regulations.
g) Notwithstanding the requirements of this Section, where landscaped strip
requirements are identified in the Precinct regulations, the requirements of the
Precinct regulations shall apply.
3.21
Legally Existing, Non-Complying Lots, Buildings and Structures
a) Where a building or structure has been legally erected prior to the date of the
passing of this By-law on a lot having less than the minimum frontage, depth or
area or having less than the minimum front yard, side yard or rear yard or lot
coverage required by this By-law, the said building or structure may be
enlarged, repaired, or renovated, except within the Shoreline Residential precinct
and Open Space precincts which abut the Lake Simcoe shoreline, provided that:
i.
the enlargement, repair or renovation maintains or does not further reduce
the established non-compliance and complies with all other setback and
Precinct regulations of the applicable Precinct, except that this does not
apply to prevent the erection of a perimeter foundation provided that the
increase in the height of the building is not more than 1.02 metres; and
ii.
all other applicable provisions of this By-law are complied with.
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b) Despite any other provisions of this By-law, where a legal non-complying
building or structure has been legally erected prior to the passing of this By-
law and has been damaged, destroyed, or demolished, the reconstruction of the
building will be restricted to its original footprint and location, building size,
floor area, lot coverage and height.
c) A legal non-complying building or structure within the Shoreline Residential
precinct or Open Space precincts which abut the Lake Simcoe shoreline may be
enlarged or replaced subject to a Planning Permit as described in the following
chart:
Proposed Expansion
Community Planning
Permit Class
Height, location, building size,
floor area, coverage -
unchanged
2
15% increase of existing height
to the maximum height
permitted (lesser of the two)
2
Height increase greater than
15% of existing height
3
50% increase in ground floor
area to the maximum permitted
(lesser of the two)
2
Floor area increase greater
than 50%
3
d) Any encroachment into a non-complying waterfront yard setback shall not be
further reduced.
3.22 Legally Existing, Non-Conforming Uses
a) Any Legal non-conforming use may continue if there is no change in use, or
where a change in use is more in keeping with the permitted uses in the
precinct. Where a building containing a legal non-conforming use is damaged
or destroyed by means beyond control of the owner, the reconstruction of the
building will be restricted to its original footprint and location, building size,
floor area, coverage and height.
b) Any expansions to a building containing a legal non-conforming use shall
require a Class 2 permit.
3.23
Lighting
a) All lighting must use sensitive lighting practices (dark sky compliant) for all land
uses.
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b) Any lighting shall not exceed a maximum height of 9 metres from average grade
or water's edge.
c) Any lighting must be directed away from abutting streets and/or properties and
directed downward.
3.24
Model Homes, Demonstration Unit and Sales Pavilions
a) Notwithstanding any other provision of this By-law, where a model home or
demonstration unit agreement has been executed between the Town and the
owner, and where:
i.
appropriate municipal services are available or are at the boundary of a
draft-approved plan of subdivision; or
ii.
the required easements, agreements and securities are provided to
facilitate servicing to the boundary of a draft approved plan of subdivision,
one or more model homes or demonstration units, to a maximum of six (6)
or 10% of the number of lots on the draft approved plan of subdivision,
whichever is less, may be constructed within the boundaries of the draft
approved plan of subdivision, subject to the following provisions:
-
the model home or demonstration unit, shall be in accordance with the
applicable Precinct provisions in which it is to be located and shall comply
with all other provisions of this By-law, as though the unit was constructed
on the lot within the registered plan of subdivision;
-
the model home or demonstration unit, shall not be occupied or used
as a dwelling unit prior to the date of registration of the plan of
subdivision, obtaining any required building permits, certificate of
occupancy, and the satisfaction of any terms and conditions of the
subdivision agreement; and
-
the model home or demonstration unit shall comply with all applicable
terms and conditions of the said model home or demonstration unit
agreement.
b) A sales pavilion does not require permanent water and sanitary sewer
connections; however, temporary water and sanitary facilities are required to
the satisfaction of the Town. The sales pavilion shall comply with all
applicable terms and conditions of the said sales pavilion agreement.
c) A sales pavilion for the temporary sales or a rental office shall be permitted
within any Commercial or Mixed Use Precinct.
3.25
Motor Vehicle Service Stations
The following provisions shall apply to motor vehicle service stations, where permitted
by this By-law:
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i.
No fuel pump or related canopy may be erected in the front or side yards
within 6.0 metres of any street or lot line.
ii. On a corner lot, no fuel pump may be erected within 9.0 metres of the
intersection of the front and side lot lines.
iii. The minimum lot frontage for an interior lot shall be 30.0 metres.
iv. The minimum lot frontage for a corner lot shall be 40.0 metres.
v. The distance between driveways providing access to a lot shall be a
minimum of 9.0 metres, except that on a corner lot, no driveway shall be
located closer than 9.0 metres of the intersection of the street line, subject
to the yard requirements of the precinct.
vi. Each driveway shall have a maximum width of 9.0 metres and the interior
angle formed between the lot line and centerline of the driveway must be
between seventy (70) and ninety (90) degrees.
vii. No driveway shall be located within 3.0 metres of a side lot line.
3.26
Multiple Uses on a Lot
Where any building, structure or lot is used for more than one purpose in accordance
with the uses permitted by this By-law, the building, structure or lot shall comply with
the provisions of this By-law applicable to each use. Where there is conflict, the more
stringent provision shall apply.
3.27
Environmental Protection
Lands located within the Environmental Protection Precinct illustrated on Schedule A are
natural features that are considered to be significant at a Provincial, County or local
level. The delineation of the Environmental Protection Precinct is based on the most
current information available, and may not be accurate or up to date in some areas.
a) Development and site alteration shall not be permitted unless it is
demonstrated through the completion of an environmental analysis, such as an
Environmental Impact Study, in accordance with the policies of the Official Plan,
and to the satisfaction of the Town, that there will be no negative impacts on the
natural features or on their functions. The environmental analysis shall identify
appropriate setbacks and buffers where required.
b) Subject to the above, all permitted uses, lot and building requirements shall be
in accordance with the underlying Precinct where the Environmental Protection is
shown and in accordance with all other applicable provisions of this By-law, as
applicable.
c) Notwithstanding the above, existing agricultural uses and legally existing uses
are permitted.
3.28
Non-Compliance Due to Expropriation
a) No existing structure, lot area, parking or landscaping on a lot shall be
deemed to be in contravention of the provisions of this By-law as a result of a lot
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or part of a lot being conveyed or having been conveyed to, or acquired by the
Town of Innisfil, the County of Simcoe, the Province of Ontario, or the
Government of Canada.
b) For the purposes of this By-law, when calculating setbacks and lot coverage,
any road reserves or visibility triangles of the Town of Innisfil, the County of
Simcoe or the Province of Ontario shall be applied as though they were part of
the lands on which the setback or lot coverage is being applied to.
3.29
Permitted Uses on All Lands
a) A public authority may, for the purposes of public service, use any land or erect
or use any building or structure except for the following uses administrative
offices, retail uses, sales outlets, garages, depots or contractor's shops or yards
used in association with a telecommunications or cable company, unless such
uses are specifically permitted by this By-law. In any Residential Precinct, the
building or structure shall be in compliance with the height, coverage,
landscaped open space and yard regulations prescribed for the Precinct and
there is no outside storage in the yards.
b) Accessory buildings and structures that occur in conjunction with the
principal use are permitted provided they are in accordance with the accessory
building and structure provisions of this By-law.
c) The construction, erection and the temporary use of a construction shed,
scaffold or other building or structure is permitted provided they are incidental
to the construction on a lot where it is situated and is necessary for the work in
progress. These structures shall be removed upon conclusion of the project.
d) Docks used for municipal purposes shall be permitted and not require a permit.
3.30
Permitted Yard Encroachments
Unless otherwise specified in this By-law, every part of any required yard (excluding a
Waterfront yard), shall be open and unobstructed by any building or structure from the
ground to the sky except for:
Accessory Building, Structure or
Feature
Permitted Encroachment into
Minimum Required Yard Setback
a)
Sills, belt courses, chimneys, cornices,
eaves, gutters, parapets, pilasters, bay
windows or other ornamental features
i) 0.6 metres into any required minimum
yard setback
b)
Drop awnings, clothes poles, garden
trellises, TV or radio antennas, air
conditioning units, generators,
rainwater tanks, or similar accessory
structures
i) No restriction on encroachment into
any required minimum yard setback
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c)
Fire escape
i) 1.5 metres into required minimum rear
yard setback
ii) 1.5 metres into required interior side
yard setback
d)
Fences, signs, parking areas, retaining
walls, driveways, walkways, patios,
decks no higher than 0.2 metres above
the established grade, landscaped
open space and other similar
accessory structures and features
i) No restriction on encroachment into
any required minimum yard setback
e)
Uncovered stairs and uncovered
wheelchair ramps
i) No restriction on encroachment into
any required minimum yard setback
f)
Decks higher than 0.2 metres above
established grade
i) No closer than 1 metre from any
interior lot line or rear lot line
ii) No closer than 3.0 metres from any
front lot line
iii) No closer than 3.0 metres from any
exterior lot line
g)
Unenclosed porches and verandahs
having a landing area of not more than
5.0 square metres and a height of not
more than 1.5 metres above
established grade
i) 3.0 metres into any required front yard
setback
ii) 3.0 metres into any required rear yard
setback
iii) 1 metre into any required interior
side yard setback or 3 metres into any
exterior side yard setback, but no
closer than 1 metre from any lot line
h)
Other unenclosed porches/verandahs
and balconies
i) 3.0 metres into any required front yard
setback
ii) 3.0 metres into any required rear yard
setback
iii) Maximum of 50% of the minimum
required exterior side yard setback
i)
Leaching bed
i) a leaching bed for sewage disposal
shall be permitted within any yard except
the waterfront yard
ii) leaching beds shall be set back a
minimum of 100 metres from the water's
edge
iii) On an existing lot, where a leaching
bed cannot meet the minimum 100-
metre setback due to site constraints, a
reduced setback may be permitted by a
Class 2 permit. A site evaluation may be
required to the satisfaction of the Town
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which confirms that suitable soils exist
and there will be no negative impacts on
water quality. A tertiary sewage system
may be required.
3.31
Planned Width of Road Allowance
a) Notwithstanding any other provisions of this By-law, no building or structure is
to be erected in any Precinct closer than the sum of the yard requirements for
that Precinct plus half of the ultimate planned street width measured from the
street centerline, for those streets identified in the Town of Innisfil Official Plan,
Schedule C: Transportation Plan, and to the satisfaction of the Town.
b) Notwithstanding anything to the contrary, the County of Simcoe shall be
consulted with respect to the ultimate planned road width of County Roads.
c) All Ministry of Transportation permit requirements must be met where applicable.
3.32 Prohibited Uses
The following uses are prohibited:
a) no use which from its nature or materials used therein is declared or regulated by
the Province of Ontario to be a noxious trade, business or manufacturer;
b) the storage of inoperable such as but not limited to, planes, helicopters, cars,
trucks, boats and houseboats;
c) Trailers or recreational vehicles or used as a dwelling unit or for advertising
purposes on a lot or in/on Lake Simcoe;
d) Noxious uses which, from its nature or the materials used therein, is declared to
be a noxious trade, business or manufacture regulated by the Province of
Ontario; and,
e) Outdoor storage of goods, wares, merchandise, substances or articles used in
conjunction with a home occupation.
3.33
Prohibited Uses in the Waterfront Yard
The storage of dilapidated marine items such as fish huts and portable docks or similar
types of structures, and the parking of non-marine vehicles are prohibited in waterfront
yards.
3.34
Rail Lines and Setback from Rail Lines
a) Permitted uses within rail lines shall include only those uses directly associated
with the rail line.
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b) No dwelling shall be erected closer than 30.0 metres from the property
boundary of an existing or proposed rail line right-of-way.
c) Notwithstanding 3.34b), where the rear yard of a dwelling unit abuts a rail line
right-of-way, the required minimum rear yard shall be measured from the rail
line right-of-way or toe of any berm associated with the rail line, whichever is
further from the rail line.
3.35
Refreshment Vehicles
a) A refreshment vehicle shall be permitted in all Commercial, Mixed Use, and
Community Service Precincts as referenced in this by-law.
b) A refreshment vehicle shall be in accordance with the setbacks for the
principal building specifically indicated in the Precinct regulations as referenced
in this by-law and shall not be permitted within any rear yard setback.
3.36
Outdoor Patios
An outdoor patio is permitted as an accessory use in any Precinct which permits a
restaurant, assembly hall, convention centre or hotel, subject to the following:
a) Outdoor patios shall be permitted in any yard except it shall not be located
within 15 metres from a residential Precinct;
b) A roof top outdoor patio shall not be located on lands abutting a Residential
Precinct;
c) An outdoor patio shall not be fully enclosed; and
d) Notwithstanding any requirements to the contrary, an outdoor patio may
encroach into a Landscape Buffer, with exception of a landscape buffer abutting
a Natural Heritage System Precinct or a Residential Precinct, but at no time
shall the occupied area be included in landscaped open space calculations.
3.37
Shoreline Buffer Area
A Shoreline buffer area shall be designed and maintained in accordance with the
following.
a) A shoreline buffer area shall be a minimum of 30 metres in depth from the
water's edge (elevation of 219.15 metres above sea level) and shall be
consistent with the Minimum Vegetation Protection Zone (MVPZ) in the Lake
Simcoe Protection Plan.
b) On lots with a lot depth of less than 60 metres in length, the shoreline buffer
area shall be a minimum of 15 metres in depth from the water's edge (elevation
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of 219.15 metres above sea level).
c) 25% of the width of the lot within the shoreline buffer along Lake Simcoe
(measured at the average annual water mark), or 15 metres, whichever is less,
may be used for access, landscape open space, recreational uses and amenity
space. The remaining shoreline buffer area of the lot shall be maintained in its
natural state.
d) A Class 2 permit application may be submitted to consider a variation of 3.37 a)
or b) of up to 35%, and 3.37 c) of up to 35% of the width of the lot within the
shoreline buffer, or 21 metres, whichever is less, to be used for access,
landscape open space, recreational uses and amenity space.
e) A Class 3 permit application may be submitted to consider a variation of 3.37 a),
b) or c) that is greater than the Class 2 variation threshold established in 3.37 d).
3.38
Short-term Accommodations
a) A short-term rental shall only be permitted as an accessory use and where
expressly permitted by this By-law.
b) A maximum of one short-term rental per dwelling unit shall be permitted.
3.39
Site Alteration in Shoreline Residential Precinct
The regulations of Section 3.39 of this By-law shall only apply to properties within the Shoreline
Residential Precinct.
3.39.1 Vegetation Removal
Vegetation is essential in the protection of shoreline habitat, water quality and in the reduction
in shoreline erosion. Vegetation along shorelines is important for its ecological functions, its
contribution to aesthetics and lake character and the reduction of the visual impact of
development on Lake Simcoe.
a) Regulated vegetation includes healthy woody vegetation (trees and shrubs) and
smaller vegetation, including herbaceous vegetation.
b) Vegetation removal is permitted in limited circumstances in accordance with
shoreline buffer provisions. A Class 2 permit is required.
c)
Development, including the removal of woody vegetation or site alteration
requires a Class 2 permit in accordance with the provisions in the following chart.
The provisions do not apply to the removal of dead or dying trees, including those
trees which present a potential hazard to life or property, or reasonable trimming
or pruning without intent to harm the tree.
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Community Planning Permit Required for
Vegetation Removal or Site Alteration
Criteria for Vegetation Removal or Site
Alteration
Within the 30 metre waterfront yard and
shoreline buffer
i. Vegetation removal which in the opinion
of the Town, would not compromise the
ecological or visual functions of the
shoreline buffer; or
ii. Vegetation removal which is required to be
removed for the establishment of a
pervious pathway of a width not
exceeding 1 metre; or
iii. Vegetation removal supported by an
arborist, professional forester or ecologist
Remainder of lot in Shoreline Residential
Precinct:
-Within 120 metres of a Provincially
Significant Wetland
-In any wetland
-In a natural heritage area
-On a slope > 30%
Site Evaluation and / or tree inventory and /
or tree canopy details
3.39.2 Re-Vegetation / Replanting
a) In a case where vegetation removal or site alteration has already occurred,
further development on the subject lands is only permitted by a Class 2 permit
provided that the areas are re-vegetated and replanted to establish a natural
shoreline buffer as follows:
i. Trees of a minimum height of 1.6 metres combined with shrubs, and at a
density of one tree or shrub per 5 square metres, measured from the stems,
more or less evenly along the shoreline buffer as site conditions permit.
b) If a proposal does not achieve the requirements of Section 3.39..2 a), an overall
net gain of shoreline vegetation shall be required.
c) Where the natural shoreline is determined to be other than forested, as in the
case of a natural beach, a shoreline buffer that is reflective of the natural
shoreline shall be required.
3.39.3 Fill Placement, Fill Excavation and Removal, and Lot Grading
a) Fill placement, fill excavation and removal and lot grading activities shall not
affect the control of flooding, erosion, dynamic beach, pollution or land
conservation.
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b) Any activities shall not create negative adverse impacts on the natural coastal
processes of the Lake Simcoe shoreline.
c) Fill placement greater than 7 cubic meters and less than 250 cubic metres
require a Class 2 permit.
d) Fill placement of 250 cubic metres or greater is prohibited on the shoreline of
Lake Simcoe unless supported by an Environmental Impact Study.
e) Any fill placement shall be greater than 30 metres from the shoreline of Lake
Simcoe.
f) Only clean fill may be placed in conformity with Provincial guidelines and
regulations and a soils report may be required to confirm fill quality and import
location.
g) A site alteration plan may be required to show the following:
i.
fill placement slopes are not to exceed a gradient of 3 (horizontal): 1
(vertical);
ii.
sediment and erosion control measures;
iii.
pre and post filling drainage patterns; and
iv.
restoration details (stabilization, topsoil, seed, sod, hydro seed and timing).
3.39.4 Aquatic Vegetation Removal and Shoreline Alteration
a) Removal of vegetation in Lake Simcoe is not encouraged. In conjunction with an
approval for an in water structure, should it be necessary to remove aquatic
vegetation or alter the shoreline, a Class 2 permit shall be required.
b) All other aquatic vegetation activities are to be done in accordance with the
regulations of the Ministry of Natural Resources and Forestry and Fisheries and
Oceans Canada.
3.40
Sleeping Cabins
A sleeping cabin is permitted as an accessory structure and is subject to the
accessory building or structure provisions of this By-law. A sleeping cabin may also
be permitted on the second storey of a detached garage, and is subject to the
corresponding provisions of this By-law. A sleeping cabin shall not be permitted within
a boathouse or in the waterfront yard and shall not exceed a gross floor area of
50m2.
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3.41
Storage and Use of Hazardous Liquids or Leachable Chemicals
Hazardous liquid or leachable chemicals not classified as waste, including
petrochemicals, shall be contained wholly within an enclosed building and shall be
subject to the approvals and regulations of the Province of Ontario.
3.42
Swimming Pools and Hot Tubs
Notwithstanding any other provisions of this By-law, a swimming pool and a hot tub are
permitted as accessory structures in any Precinct, provided that:
a) A swimming pool or hot tub shall not be located closer to any lot line or street
line than the minimum distance required for an accessory building located on
the same lot.
b) The maximum height of a swimming pool shall be 2.0 metres above
established grade.
c) Any building or structure required for changing clothes or for pumping or
filtering facilities or other similar accessory uses, buildings and structures shall
be permitted and shall be in accordance with applicable provisions for the
Precinct and provisions for accessory uses, buildings and structures.
3.43
Temporary Structures
a) A temporary structure shall be considered to be an accessory structure and
shall be erected in accordance with the provisions of Section 3.3.
b) A temporary structure exceeding 20.0 square metres shall not be permitted in a
Residential Precinct, except where a permit has been issued by the Town to
permit such a structure.
c) A temporary structure may be erected on a lot, as an accessory structure in
a commercial or industrial Precinct, for a maximum of 150 days within a calendar
year, exclusive of days associated with setup and take down of the temporary
structure.
d) The provisions of this Section 3.42 shall not apply to temporary structures
associated with construction activities. The provisions of Section 3.29 c) shall
apply to temporary structures associated with construction activities.
3.44
Temporary Turning Circle
The minimum required yards and lot area requirements for lands forming part of a
temporary turning circle shall be calculated as if the turning circle did not exist.
Notwithstanding the foregoing, the minimum front yard setback shall be 13.0 metres;
however, in no case shall any building or structure be erected within 2.0 metres of the
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temporary turning circle.
3.45
Waste Processing and Transfer Facility
No portion of a waste processing or transfer facility shall be located within 800
metres of a Residential, Open Space or Mixed Use Precinct, and a waste processing
or transfer facility shall be in accordance with any requirements and approvals by the
Ministry of the Environment.
3.46
Wellhead Protection Area and Intake Protection Zone
The storage of the following material shall be prohibited within an Intake Protection Zone
(IPZ), as shown as IPZ on Schedule A: animal manure, petroleum fuels; petroleum
solvents and chlorinated solvents, pesticides, herbicides and fungicides, construction
equipment, inorganic fertilizers, road salt, and, other contaminants listed in Ontario
Regulation 347 of the Revised Regulations of Ontario, 1990, as may be updated and
amended from time to time.
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Section 4.0 - Parking and Loading Provisions
4.A Variations to parking and loading provisions
The provisions in Section 4.0 may be varied in accordance with the following:
i.
Any variation to the provisions in Section 4.0 shall be subject to a Class 2 Community
Planning Permit Application, unless otherwise specified in 4.A. ii).
ii. Any variation to the required number and dimension of parking spaces, stacking
spaces, loading spaces, and bicycle parking spaces, except accessible parking
spaces, up to a 50% maximum variation from the applicable standard shall be subject
to a Class 2 Community Planning Permit Application and any variation greater than
50% from the applicable standard shall be subject to a Class 3 Community Planning
Permit Application unless otherwise specified in this By-law.
4.1.
PARKING PROVISIONS
4.1.1. NUMBER OF REQUIRED PARKING SPACES
Where land, buildings or structures are used in accordance with this By-law, every owner
shall provide and maintain off-street motor vehicle parking areas for the sole use of the
owner, occupant or persons making use of the premises on the same lot in accordance with
the requirements outlined in Table 4.1 and the other provisions contained in this Section.
Table 4.1: Number of Required Parking Spaces
Use
Minimum Number of Parking Spaces
Residential Uses
a)
Single detached
dwelling
2.0 parking spaces (1)
b)
Semi-detached
dwelling or duplex
dwelling
2.0 parking spaces (1)
c)
Townhouse
dwelling
(street,
block/cluster,
back-to-back, stacked)
2.0 parking spaces per dwelling unit.
Except for street townhouse dwellings, an additional
0.25 parking spaces per dwelling unit shall be
required for visitor parking spaces (1)
d)
Apartment dwelling in
any Mixed Use Precinct
or apartment dwelling
unit in a mixed use
building
1.5 parking spaces per dwelling unit, of which 0.25
parking spaces shall be designated as visitor parking
spaces
e)
Apartment dwelling in
any other Precinct
1.75 parking spaces per unit, of which 0.25 parking
spaces shall be designated as visitor parking spaces
f)
Additional dwelling
unit
1 parking space per dwelling unit
g)
Group home dwelling
1 parking space per 3 supervised group home
residents that can be accommodated in the group
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Use
Minimum Number of Parking Spaces
home dwelling, in addition to the required parking
spaces for the dwelling
h)
Home occupation
2 additional parking spaces (1 for the employee and 1
for the customer) in addition to the parking spaces
required for the single detached dwelling, tandem
parking shall be permitted
Commercial and Office Uses
i)
Banquet hall
1 parking space per 10 square metres of gross floor
area
j)
Bed and breakfast
1 parking space for each guest room, which shall be
provided in addition to the parking spaces required for
the single detached dwelling
k)
Child Care Centre
1 parking space per 30 square metres of gross floor
area
l)
Funeral home
1 parking space for every 20 square metres of gross
floor area or 20 parking spaces, whichever is the
greater
m)
Golf course
5.5 parking spaces per hole, plus the parking spaces
required for other accessory uses
n)
Hotel or motel
1 parking space for every guest room plus any
parking spaces required for any accessory uses,
such as a restaurant, in accordance with this By-law
o)
Marina
1.5 parking space for every boat slip plus any parking
spaces required for any accessory uses, such as a
restaurant, in accordance with this By-law
p)
Medical office
1 parking space for every 15 square metres of gross
floor area
q)
Motor vehicle
dealership
1 parking space for every 30 square metres of gross
floor area to a maximum of fifty spaces (excluding
outdoor display and storage of vehicles), whichever is
greater, plus two (2) parking spaces per repair bay
r)
Motor vehicle service
station
1 parking space for every 23 square metres of gross
floor area
s)
Motor vehicle repair
garage, motor vehicle
body shop
2 parking spaces per service bay, plus 1 space per 30
square metres of gross floor area devoted to other
areas of activity such as office, retail sales, or a waiting
area.
t)
Personal
service
establishment
1 parking space for every 28 square metres of gross
floor area
u)
Place of entertainment
For a bowling alley, 3 parking spaces for each bowling
lane. For all other uses, 1 parking space shall be
required for every 23 square metres of gross floor area
v)
Professional office
1 parking space for every 30 square metres of gross
floor area
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Use
Minimum Number of Parking Spaces
w)
Private club
1 parking space for every 20 square metres of gross
floor area
x)
Recreational vehicle
sales establishment
1 parking space for every 50 square metres of gross
floor area
y)
Restaurant
1 parking space for every 8 square metres of gross
floor area
aa)
Retail store
1 parking space for every 19 square metres of gross
floor area
ab)
Self-storage units
1 parking space per 650 square metres of gross floor
area, inclusive of all storage areas and accessory
office uses
ac)
Tourist cabin
establishment or
tourist commercial
establishment
1 parking space for each guest room, cabin or suite
ad)
Other commercial
uses
1 parking space per 28 square metres of gross floor
area
Institutional and Open Space Uses
ae)
Community centre or
indoor recreational
centre
1 parking space for every 4 persons to be
accommodated in the design capacity of the buildings
af)
Government facility,
including emergency
services
1 parking space for every 23 square metres of gross
floor area
ag)
Long term care home
or nursing home
1 parking space for every 2 beds
ah)
Place of worship
1 parking space for every 20 square metres of gross
floor area
ai)
Retirement home
1 parking space for every room or suite
aj)
School
Elementary schools - 1.5 parking spaces for every
teaching area or classroom
Secondary schools - In accordance with the "On the
Ground (OTG)" Capacity of a school (students and
staff):
OTG
Minimum
Required Parking
Spaces
Barrier Free
Spaces (included
in Minimum
Required Parking
Spaces)
0 - 400
80
4
401 - 700
100
5
701 - 1000
150
6
1001 - 1500
200
7
1501 - 2000
250
8
2001 - 2500
300
9
Notes:
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(1)
Required parking spaces may be provided in tandem parking, except for
required visitor parking.
4.1.2. PARKING SPACE AND PARKING AREA PROVISIONS
Parking spaces and parking areas shall be designed and maintained in accordance with
the following requirements:
a)
Each parking space shall be readily accessible at all times and arranged in such
a manner to provide access and maneuvering space for the parking and removal
of a motor vehicle, except where tandem parking is permitted by this by-law.
b)
The minimum width of parking spaces shall be 2.75 metres. The minimum length
for parking spaces shall be 5.7 metres and increased to 6.0 metres where
overhang cannot be accommodated
c)
Ingress and egress to and from parking aisles must be provided by a sufficient
number of adequate, unobstructed driveways.
d)
The minimum width of parking aisles shall be 6.0 metres wide for two-way traffic
and 4.0 metres wide for one-way traffic, except where parking spaces are
provided at an angle less than 45 degrees from an aisle, the minimum width of a
one-way parking aisle shall be 3.6 metres.
e)
Where a lot, building or structure accommodates more than one type of use,
the parking space requirements shall be the sum of the requirements for the
separate types of uses occupying separate parts of the lot, building or structure.
f)
Where an addition is made to a building or the use is changed, only the
additional parking spaces required as a result of the addition or change of use
shall be required in accordance with this By-law.
g)
For the purposes of calculating the total number of parking spaces, including
accessible parking spaces, where the application of ratios results in a fraction
of a parking space, the required number of parking spaces for each permitted
use shall be increased to the next higher whole number.
h)
The lights used for illumination of parking spaces, aisles and driveways must
be so arranged as to divert the light away from adjacent lots and streets.
i)
Where off-street parking for any use other than a residential use abuts a side
lot line or rear lot line in a Residential Precinct, a screen shall be erected or
planted and maintained along the side or rear lot line of either lot, based on
development timing, and the screen shall have a minimum height of 1.5 metres
and shall be suitable for provision of privacy and protection from vehicle
headlights.
j)
Except for parking provided for single detached dwelling units, semi-detached
dwelling units, duplex dwellings and townhouse dwelling units, no parking
or loading area or part thereof may be located and no land may be used for the
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temporary parking or storage of any licensed vehicle within 1.0 metres of the
boundary of any Residential Precinct.
k)
Parking is permitted in a driveway or dedicated parking space only.
l)
Parking in the front yard or exterior side yard shall only be permitted on a
driveway. Parking for a school use may be permitted in the front yard or exterior
side yard.
m) Parking is not permitted in the waterfront yard on a lot.
n) The provision of shared parking or parking on an alternative site within 500-metres
from the proposed development is permitted, provided the owner of the alternative
site is willing to enter into an agreement with the developer and the municipality.
4.1.3. PARKING STANDARDS FOR MIXED USE PRECINCTS
In addition to the Parking Provisions of Section 4.1.1, the following additional provisions
shall apply:
a) Parking spaces shall not be located between the building face and front lot
line, or between the building face, and the exterior side lot line.
b) When a parking area or driveway is in a yard that abuts any residential
Precincts, the width of landscaping between the parking area or driveway, and
the residential Precinct must be a minimum of 1.5 m wide.
c)
Individual residential lots/units consisting of single detached, semi-detached
and townhouses in the MU Precinct are not permitted to have direct vehicular
access to Innisfil Beach Road, separately from each unit/lot.
d) The difference between the minimum required parking established in this By-law
and not provided may be addressed by the collection of cash-in-lieu.
4.1.4. DESIGNATION OF ACCESSIBLE PARKING SPACES
a)
Accessible parking spaces shall be designated in accordance with Table 4.2(a):
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Table 4.2(a): Designation of Accessible Parking Spaces
Total number of parking
spaces
required
in
accordance with Section
3.28 a);
Number of accessible parking
required to be designated
i)
1 to 12 parking spaces
Minimum of 1 parking space (3)
ii)
13 to 100 parking spaces
Minimum of 4% of total required
parking spaces (1), with an equal
number of Type A and Type B
accessible parking spaces (2) (3)
(4)
iii)
101 to 200 parking spaces Minimum of 3% of required
parking spaces (1) + 1, with an
equal number of Type A and Type
B accessible parking spaces (2)
(4)
iv)
201 to 1000 parking
spaces
Minimum of 2% of required parking
spaces (1) + 2, with an equal
number of Type A and Type B
accessible parking spaces (2) (4)
v)
1001
or
more
parking
spaces
2% of the total number of required
parking spaces (1) +2, with an
equal number of Type A and Type B
accessible parking spaces (2) (4)
Notes:
(1)
Rounded up to the nearest whole number..
(2)
If an odd number of accessible parking spaces is required, the additional
space may be a Type B accessible parking space.
(3)
If only one accessible parking space is required, the space must be a Type
A accessible parking space.
(4)
Despite the requirements of Table 4.2(a), a required Type B accessible
parking space may be satisfied as a Type A accessible parking space.
b) The accessible parking spaces shall count toward total number of parking
spaces provided on any lot, building or use for the purposes of determining
compliance with the requirements of section 4.1.1.
c)
Accessible parking spaces shall not be required for single detached dwellings,
semi-detached dwellings, street townhouse dwellings, linked dwellings,
block townhouse dwellings, back-to-back townhouse dwellings, duplex
dwellings, triplex dwellings, additional dwelling units, live-work units, or
modular homes, however shall be required for any visitor parking requirements
associated with these uses.
d) Parking spaces required to be designated as accessible parking spaces shall
have minimum sizes as set out in Table 4.2(b):
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Table 4.2(b): Accessible parking space dimensions
Type of Parking Space
Minimum Required Dimensions
Type A accessible parking space (1)
(2)
3.4 metres in width X 5.7 metres in
length (or 6m where overhang cannot
be accommodated)
Type B accessible parking space (2)
2.4 metres in width X 5.7 metres in
length (or 6m where overhang cannot
be accommodated)
Notes:
(1)
Accessible parking spaces shall be identified with signage indicating
spaces are van accessible.
(2)
Access aisles shall be provided directly adjacent to all off-street accessible
parking spaces in accordance with the following specifications:
(i) Access aisles shall be a minimum of 1.5 metres wide.
(ii) Access aisles shall extend along the entire length of the accessible
parking space, with a minimum length of 5.7 metres (or 6m where
overhang cannot be accommodated)
(iii) When located on asphalt, concrete, or other hard surface, access aisles
shall be marked with high tonal contrast diagonal lines.
e) Where only 1 parking space is required for a Non-Residential use, that parking
space shall be designed to meet the minimum accessible parking space
dimensions but shall not be signed as such.
f)
Where more than one use requiring off-street parking spaces is proposed on a
lot, the number and type of accessible parking spaces shall be calculated based
on the number of parking spaces required for each use.
4.1.5. DRIVE-THROUGH FACILITIES AND STACKING SPACES
Where a drive-through facility is permitted as an accessory use as indicated in this By-
law, the following provisions shall apply:
a) The minimum number of stacking spaces for drive-through facilities shall
be provided in accordance with Table 4.3:
Table 4.3: Stacking Space Requirements
Use
Minimum Number of Stacking Spaces
Restaurant
10 spaces
All other uses
4 spaces
b) Stacking spaces shall be located on the same lot as the drive-through
facility and principal use of the lot.
c) Stacking spaces shall be 5.5 metres in length and 3.0 metres in width.
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d) A stacking lane for a drive-through facility including that portion of the lane
past the service window and/or automated machine where orders are taken
shall be setback a minimum of 20 metres from any type of residential Precinct.
The required setback may be reduced to a minimum of 7.5 metres, provided
that a noise wall, certified by a professional engineer, no taller than 2.15 metres
exclusive of decorative elements, is installed prior to occupancy of the drive-
through facility. The noise levels will not exceed the maximum levels
specified by the Ministry of Environment's noise levels for stationary sources
of noise.
4.2.
LOADING PROVISIONS
4.2.1.
Where land, buildings or structures are used for any purposes involving the
receiving, shipping, loading or unloading of animals, goods, wares, assembled or
unassembled merchandise and/or raw materials, loading spaces shall be provided
in accordance with the provisions of this section. Elementary and secondary schools
shall not be required to provide loading spaces.
4.2.2. Loading spaces for professional offices and medical offices shall be required in
accordance with Table 4.4.
Table 4.4: Loading Space Requirements for Professional and Medical Offices
Gross Floor Area
Minimum Number of Required
Loading Spaces
a)
Less than or equal to 2,350 square
metres
0
b)
Greater than 2,350 square metres
but less than or equal to 11,600
square metres
1
c)
Greater
than
11,600
square
metres
1 space plus 1 additional space for
each 9,300 square metres of
gross floor area or portion
thereof
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4.2.3. Loading spaces for other commercial and institutional shall be required in accordance
with Table 4.5.
Table 4.5: Loading Space Requirements for other Commercial and Institutional
4.2.4. A minimum of one loading space shall be required for an apartment dwelling or mixed
use building containing a minimum of 30 dwelling units.
4.2.5. Required loading spaces shall be provided adjacent to the primary use or building and
on the same lot as the primary use or building.
4.2.6. No loading space shall be located in the front or exterior side yards of any Precinct.
4.2.7. No loading space shall be located closer than 6.0 metres to any abutting Residential
Precinct.
4.2.8. A loading space shall have an unobstructed rectangular area with a minimum length of
9.0 metres and a minimum width of 3.6 metres and shall have a minimum vertical
clearance of 4.2 metres.
4.2.9. The loading requirements shall not apply to any building which legally existed on the
date of passing of this By-law, so long as the floor area as it existed at that date is not
increased or the uses changed. If an addition is made or the use is changed, the loading
spaces must be provided up to the number required for the addition or for the new use.
4.2.10. Access to loading spaces shall be provided by a driveway, aisle or lane which is at least
6.0 metres wide and provides direct access to a street.
4.3.
SURFACE TREATMENT
Gross Floor Area
Minimum Number of Required
Loading Spaces
a)
Less than or equal to 250 square
metres
0
b)
Greater than 250 square metres but
less than or equal to 2,350 square
metres
1
c)
Greater than 2,350 square metres
but less than or equal to 7,500
square metres
2
d)
Greater than 7,500 square metres
but less than or equal to 14,000
square metres
3
e)
Greater than 14,000 square metres 3 loading spaces plus 1 additional
loading space for each 9,300
square metres of gross floor area
or portion thereof
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a) Outside of the Alcona Primary Settlement Area, all off street parking spaces,
loading spaces, driveways and aisles required herein must be constructed and
maintained with a stable surface which is treated to prevent the raising of dirt or
loose particles. Agricultural uses are exempt from this requirement.
b) Within the Alcona Primary Settlement Area, all off street parking spaces, loading
spaces, driveways and aisles required herein must be constructed and
maintained with a stable surface comprised of asphalt, concrete, concrete pavers
or permeable pavers.
4.4.
ELECTRIC VEHICLE PARKING SPACES
One percent of the required number of parking spaces in residential apartment, mixed
use and commercial buildings with 10 or more residential or commercial units shall
provide charging facilities for electric vehicles.
4.5.
BICYCLE PARKING
4.5.1. Bicycle Parking Space Aisle Dimensions
a) The minimum dimensions of a horizontal bicycle parking space shall be
provided in accordance with Table 4.6.
Table 4.6: Minimum Bicycle Parking Space Dimensions
Dimension
Minimum Requirement (m)
Length
1.8
Width
0.6
Vertical clearance from the floor
1.9
b) The minimum dimensions of a vertical bicycle parking space shall be provided
in accordance with Table 4.7.
Table 4.7: Minimum Dimensions of a Vertical Bicycle Parking Space
Dimension
Minimum Requirement (m)
Length or vertical clearance
1.9
Width
0.6
Clearance from the wall
1.2
c) For a stacked bicycle parking space, the minimum vertical dimension for each
bicycle parking space shall be 1.2 metres and the minimum vertical clearance
from the floor shall be 2.4 metres.
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The minimum width of an aisle providing access to a bicycle parking space shall
be 1.75 metres.
4.5.2. Minimum Bicycle Parking Space Rates
a) A minimum bicycle parking space requirement shall apply to apartment
dwellings containing 25 or more dwelling units as well as certain non-
residential uses specified in Table 4.8.
b) A minimum bicycle parking space requirement shall not apply if the total gross
floor area of all non-residential uses on a single lot is less than 2,000 square
metres.
c) The minimum bicycle parking space requirements of this by-law are shown in
Table 4.8. The minimum bicycle parking requirements shall not apply to existing
buildings or structures, or any additions thereto.
Table 4.8: Bicycle Parking Space Rates
Use
Requirement
Apartment dwelling containing
25 or more dwelling units
0.5 per dwelling unit
Clinic
0.1 per 100 square metres of Gross
Floor Area or 3 spaces, whichever is
greater
Any commercial use, including
retail and shopping centre
0.1 per 100 square metres of Gross
Floor Area or 3 spaces, whichever is
greater
Community center
Government Facility
0.2 per 100 square metres of Gross
Floor Area or 3 spaces, whichever is
greater
Hospital
Bicycle parking spaces for any hospital
expansion or a new hospital shall be
based on a parking study detailing the
basis for the parking requirements to the
satisfaction of Council.
Industrial
0.1 per 100 square metres of Gross
Floor Area or 2 spaces, whichever is
greater
Office
0.1 per 100 square metres of Gross
Floor Area or 3 spaces, whichever is
greater
Restaurant
0.1 per 100 square metres of Gross
Floor Area or 3 spaces, whichever is
greater
School including post-secondary
institution
0.2 per 100 square metres of Gross
Floor Area
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4.5.3. General Provisions for Bicycle Parking Spaces
i)
A required bicycle parking space shall be located wholly within the building
where the principal use is located and for which the bicycle parking space
is required, except for schools, where a required bicycle parking space
may be located outdoors.
ii) A bicycle parking space required for a dwelling unit shall be located within
the following areas of a building:
-
Within the ground floor area;
-
On the storey above the ground floor area; or
-
On the first or second storey located below grade.
iii) A required bicycle parking space shall have direct access from the exterior
of a building, and that access shall be located on the ground floor.
4.6.
SHARED PARKING RATES IN MIXED USE PRECINCTS
a) Where a property is located in a Mixed Use Precinct, and it contains residential
units and non-residential floor area, required parking spaces shall be
calculated in accordance with the following:
i) Calculate the required number of parking spaces for each individual use
in the mixed use development in accordance with Table 4.1.
ii) Multiply the required parking spaces for each use by the parking
demand for each time period in accordance with Table 4.9.
iii) For each time period, calculate the total parking spaces, based on the
percent reduction required for all uses to determine the cumulative total.
For clarity, the total required number of parking spaces for each use
shall be calculated separately for each time period.
iv) The greatest cumulative total for all uses in any time period shall be the
total number of parking spaces required for the mixed use
development.
b) The identified time periods in Table 4.9 shall be interpreted as:
a) Morning shall be between 6:00AM to 12:00PM;
b) Noon shall be between 12:00PM and 1:00PM;
c) Afternoon shall be between 1:00PM to 5:00PM; and
d) Evening shall be between 5:00PM to 6:00AM.
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c) With the exception of residential visitor parking, shared parking reductions shall
not be applied to residential use.
Table 4.9 - Shared Parking Percentage of Peak Period
Use
Morning
Noon
Afternoon
Evening
Retail, Personal
Service
Establishment
65%
90%
80%
100%
Hotel
70%
70%
70%
100%
Office
100%
90%
95%
10%
Restaurant
20%
100%
30%
100%
Residential Visitor
Parking
20%
20%
60%
100%
Place of
entertainment
10%
40%
40%
80%
4.7.
DRIVEWAYS
All driveways located in the Community Planning Permit Area delineated on the
attached maps which form part of this By-Law must comply with the following
provisions:
a) The driveway shall include any surface area that may be used for the parking of
vehicles;
b) One walkway, no greater than 1.5 metres in width, attached to a driveway is
permitted on one side of a driveway; however, schools may be permitted to have
walkways on both sides of a driveway;
c) The outdoor parking of a motor vehicle shall only be permitted in the approved
driveway or parking space, and all other areas in the front yard, interior side
yard, exterior side yard, and rear yard shall be considered landscaped open
space. In Residential precincts, except for in the Shoreline Residential precinct
and where otherwise specified in this By-law, the minimum landscaped open
space required in the front yard or exterior side yard shall be 40%.
d) Parking of motor vehicles shall not be permitted on landscaped open space;
e) A driveway is not permitted in the waterfront yard;
f) A circular driveway shall only be permitted on a lot with a lot frontage greater
than 22 metres;
g) The access locations for a circular driveway shall be located in one yard;
h) A circular driveway shall not cover more than 50% of the yard in which it is
located;
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i) Only one (1) driveway shall be permitted per lot in Residential Precincts within
Settlement Areas.
j) Any lot with a frontage less than 22 metres, a maximum of one (1) driveway
shall be permitted per lot; and,
k) The maximum driveway width shall be in accordance with the following
provisions: Minimum width: 3.0 metres Maximum width: 60% of lot
frontage to a maximum of 9.0 metres, whichever is less. A school may
have a maximum width of: 60% of lot frontage to a maximum of 12.0
metres, whichever is less.
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Section 5.0 - Residential Precincts
The Residential Precincts established by the By-law are noted in Table 5.1 as follows:
Table 5.1: Residential Precincts
Residential Precincts
Precinct
Symbol
Residential Low Density 1 Precinct
RL1
Residential Low Density 2 Precinct
RL2
Residential Medium Density Precinct
RM
Shoreline Residential Precinct
SR
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5.1 Permitted Uses - Principal Uses
Principal uses and accessory uses permitted in the Residential Precincts are identified
with a "P" in the column applicable to that Precinct and corresponding with the row for a
specific permitted use in Table 5.2 and Table 5.3 Where a "D" is identified in the column,
it denotes a discretionary use. All permitted principal uses and accessory uses shall be
subject to the applicable Precinct regulations provided in Section 5.0 and the general
provisions provided in Section 3.0, where applicable.
Table 5.2: Residential Precinct - Permitted Uses
Permitted Use
RL1
RL2
RM
Principal Uses
Apartment Dwelling
P
Duplex Dwelling
P (1)
P (1)
Group Home
P (1)
P (1)
P (1)
Linked Dwelling
P (1)
P (1)
Public Uses
P
P
P
Semi-detached Dwelling
P (1)
P (1)
Single Detached Dwelling
P (1)
P (1)
D (1)
Street Townhouse Dwelling
P (1)
P (1)
Stacked Townhouse Dwelling
P (1)
Block Townhouse Dwelling
P (1)
P (1)
Back-to-Back Townhouse Dwelling
P (1)
Triplex
P (1)
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Permitted Use
RL1
RL2
RM
Principal Uses
Utilities, Emergency Services and Municipal Uses
P
P
P
Live-work Units
P (1)
P (1)
P (1)
Commercial Uses Permitted in the Mixed Use Precinct
D
Accessory Uses
Accessory Buildings and Structures (2)
P
P
P
Additional Dwelling Unit (2)
P
P
P
Bed and Breakfast (2)
P
P
D
Home Occupation (2)
P
P
P
Pet Day Care Establishment
P
NOTES:
(1) Commercial vehicles and school buses are not permitted to be parked in a driveway
(2) Subject to specific use provisions contained in the General Provisions of this By-law.
Table 5.3: Shoreline Residential Precinct - Permitted Uses
Permitted Use
On Land
In Water
Permitted
Permitted
Principal Uses
Legally Existing Dwelling Units
P (1)
Single Detached Dwelling
P (1)
Accessory Uses, Buildings and Structures
P
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Permitted Use
On Land
In Water
Permitted
Permitted
Boathouse
D
D
Dock
D
D
Home Occupation
P
Sleeping Cabin
P
Private Septic System and Wells
P
Revetments
P
Breakwaters
D
Retaining Walls
P
Forestry, Fish, Wildlife, Park, Conservation Uses and
Management
P
P
Passive Recreation Uses
P
Recreational Trails
P
Accessory Uses
Accessory Uses, Buildings and Structures
P
Home Occupation
P
Bed and Breakfast (2)
NOTES:
(1) Commercial vehicles and school buses are not permitted to be parked in a driveway
(2) Subject to specific use provisions contained in the General Provisions of this By-law.
Town of Innisfil Community Planning Permit By-law
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5.2
Residential Precinct Regulations
The following Precinct regulations identified in Tables 5.4 to 5.9 shall apply to the respective
Residential Precincts.
Table 5.4: RL1 Precinct Regulations
Standard
Staff Variation
Class 2 Permit
Council Variation
Class 3 Permit
Minimum Lot Area
600 m2
Up to 10%
reduction
Greater than 10%
reduction
Minimum Lot Frontage
15 m
Up to 20%
reduction
Greater than 20%
reduction
Minimum Front Yard
8 m
Up to 20%
reduction
Greater than 20%
Minimum Interior Side Yard
1.2 m
Up to 30%
reduction
Greater than 30%
reduction
Minimum Exterior Side Yard
6 m
Up to 30%
reduction
Greater than 30%
reduction
Minimum Rear Yard
7.5 m
Up to 30%
reduction
Greater than 30%
reduction
Maximum Lot Coverage
35%
Up to 50% in total
lot coverage
Greater than 50%
in total lot coverage
Minimum Landscaped Open
Space
30%
Up to 5% reduction
Greater than 5%
reduction
Maximum Building Height
9.5 m
Flat Roof (FR) =
7.5 m - and shall
not exceed
10 m
FR = 8.0 m
(# of storeys: no
variation) (1)
Greater than 10 m
FR = Greater than
8.0 m
(# of storeys:
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Standard
Staff Variation
Class 2 Permit
Council Variation
Class 3 Permit
2 storeys (1)
greater than 2
storeys) (1)
Accessory Uses, Buildings and Structures
Minimum Front Yard
6 m
Up to 20%
reduction
Greater than 20%
reduction
Minimum Interior Side Yard
1 m
Up to 30%
reduction
Greater than 30%
reduction
Minimum Exterior Side Yard
3 m
Up to 30%
reduction
Greater than 30%
reduction
Minimum Rear Yard
1 m
Up to 30%
reduction
Greater than 30%
reduction
(1) A storey shall not include a basement or a walkout basement or a storey incorporated
into the roofline of a dwelling.
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Table 5.5 - RL2 Precinct Regulations
Single
Detached
Dwelling
Semi
Detached
Dwelling
Duplex
Street Townhouse
dwelling and Block
Townhouse Dwelling
(regulations per
dwelling unit)
Staff Variation
Class 2 Permit
Council Variation
Class 3 Permit
Minimum Lot Area (Interior Lot)
270 m2
240 m2
360 m2
180 m2
210 m2 at the end of a
block
Up to 20% reduction
Greater than 20%
reduction
Minimum Lot Area (Exterior Lot)
360 m2
330 m2
450 m2
270 m2
Up to 20% reduction
Greater than 20%
reduction
Minimum Lot Frontage (Interior Lot)
9 m
8 m
12 m
6 m
Up to 20% reduction
Greater than 20%
reduction
Minimum Lot Frontage (Exterior Lot)
12 m
11 m
15 m
9 m
Up to 20% reduction
Greater than 20%
reduction
Minimum Front Yard
4.5 m
4.5 m
4.5 m
4.5 m
Up to 20% reduction
Greater than 20%
reduction
Minimum Interior Side Yard
1.2 m on one
side and 0.6 m
on the other
side,
1.0 m on one
side and 0 m
where there is
a common wall
1.2 m on one
side and 0.6 m
on the other
side (1)
0 m, or 1 m for an end
unit
Up to 30% reduction
Greater than 30%
reduction
Minimum Exterior Side Yard
3 m
3 m
3 m
3 m
Up to 30% reduction
Greater than 30%
reduction
Minimum Rear Yard
7.5 m
7.5 m
7.5 m
7.5 m
Up to 30% reduction
Greater than 30%
reduction
Maximum Lot Coverage
45%
45%
45%
50%
Up to 15% addition
Greater than 15%
addition
Minimum Landscaped Open Space
30%
30%
30%
35%
Up to 5% reduction
Greater than 5%
reduction
Maximum Building Height
9.5 m
Flat Roof (FR)
= 7.5 m - and
shall not
exceed
2 storeys
9.5 m
Flat Roof (FR)
= 7.5 m - and
shall not
exceed
2 storeys
9.5 m
Flat Roof (FR)
= 7.5 m - and
shall not
exceed
2 storeys
9.5 m
Flat Roof (FR) = 7.5 m
- and shall not exceed
2 storeys
10 m
FR = 8.0 m
(# of storeys: no
variation)
Greater than 10 m
FR = Greater than
8.0 m
(# of storeys:
greater than 2
storeys)
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Single
Detached
Dwelling
Semi
Detached
Dwelling
Duplex
Street Townhouse
dwelling and Block
Townhouse Dwelling
(regulations per
dwelling unit)
Staff Variation
Class 2 Permit
Council Variation
Class 3 Permit
Accessory Uses, Buildings and Structures
Minimum Front Yard
Refer to General Provisions
None
Minimum Interior Side Yard
0.6 m
0.6 m
0.6 m
0.6 m or 0 m where
there is a common
wall.
Up to 30% reduction
Greater than 30%
reduction
Minimum Exterior Side Yard
3 m
3 m
3 m
3 m
Up to 30% reduction
Greater than 30%
reduction
Minimum Rear Yard
1 m
1 m
1 m
1 m
Up to 30% reduction
Greater than 30%
reduction
Notes:
1) Notwithstanding the minimum interior side yard setback requirement, in the case where there is a detached garage, the minimum setback on one side shall be 3 metres.
Table 5.6: RM Precinct Regulations
Single Detached
Dwelling
Semi Detached
Dwelling
Duplex / Triplex
Dwelling
Street Townhouse
Dwelling and
Block Townhouse
Dwelling
(regulations per
dwelling unit)
Back-to-Back
Townhouse
Dwelling
Stacked
Townhouse
Dwelling
Apartment Dwelling Staff Variation
Class 2 Permit
Council Variation
Class 3 Permit
Minimum Lot Area
(Interior Lot)
270 m2
240 m2
360 m2
180 m2
210 m2 at the end
of a block
180 m2
180 m2
N/A
Up to 20% reduction
Greater than 20% reduction
Minimum Lot Area
(Exterior Lot)
360 m2 for single
detached
dwellings (R3);
270 m2 for
330 m2 for
semi-detached
dwellings
450 m2 for duplex
dwellings
270 m2
townhouse
dwellings
270 m2
townhouse
dwellings
270 m2
townhouse
dwellings
165 m2 per unit for
apartment
dwellings
Up to 20% reduction
Greater than 20% reduction
Minimum Lot
Frontage (Interior
Lot)
9 m for single
detached
dwellings
8 m for semi-
detached
dwellings
12 m for duplex
dwellings
6 m for townhouse
dwellings
6 m for
townhouse
dwellings
6 m for
townhouse
dwellings
30 m for apartment
dwellings
Up to 20% reduction
Greater than 20% reduction
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Single Detached
Dwelling
Semi Detached
Dwelling
Duplex / Triplex
Dwelling
Street Townhouse
Dwelling and
Block Townhouse
Dwelling
(regulations per
dwelling unit)
Back-to-Back
Townhouse
Dwelling
Stacked
Townhouse
Dwelling
Apartment Dwelling Staff Variation
Class 2 Permit
Council Variation
Class 3 Permit
Minimum Lot
Frontage (Exterior
Lot)
12 m for single
detached
dwellings
11 m for semi-
detached
dwellings
15 m for duplex
dwellings
9 m for townhouse
dwellings
9 m for
townhouse
dwellings
9 m for
townhouse
dwellings
30 m for apartment
dwellings
Up to 20% reduction
Greater than 20% reduction
Minimum Front Yard 4.5 m
4.5 m
4.5 m
4.5 m
4.5 m
4.5 m
4.5 m
Up to 20% reduction
Greater than 20% reduction
Minimum Interior
Side Yard
1.2 m or 1.2 m on
one side and 0.6 m
on the other side
where a garage is
attached for
single detached
dwellings
1.2 m and 0 m
for semi-
detached
dwellings
1.2 m or 1.2 m on
one side and 0.6 m
on the other side
where a garage is
attached for
duplex dwellings
0 m, or 1.2 m for an
end unit for
townhouse
dwellings
0 m, or 1.2 m for
an end unit for
townhouse
dwellings
0 m, or 1.2 m for
an end unit for
townhouse
dwellings
4 m for apartment
dwellings
Up to 20% reduction
Greater than 20% reduction
Minimum Exterior
Side Yard
3 m
3 m
3 m
3 m
3 m
3 m
3 m
Up to 20% reduction
Greater than 20% reduction
Minimum Rear Yard 7.5 m.
7.5 m
7.5 m
7.5 m
7.5 m
7.5 m
7.5 m
Up to 20% reduction
Greater than 20% reduction
Maximum Lot
Coverage
45%
45%
45%
50%
50%
50%
50%
Up to 15% addition
Greater than 15% addition
Minimum
Landscaped Open
Space
30%
30%
30%
35%
35%
35%
35%
Up to 15% addition
Greater than 15% addition
Maximum Building
Height
12.5 m
Flat Roof (FR) =
10.m m - and shall
not exceed
3 storeys (1)
12.5 m
Flat Roof (FR) =
10.m m - and
shall not exceed
3 storeys (1)
12.5 m
Flat Roof (FR) =
10.m m - and shall
not exceed
3 storeys (1)
12.5 m
Flat Roof (FR) =
10.m m - and shall
not exceed
3 storeys (1)
12.5 m
Flat Roof (FR) =
10.m m - and
shall not exceed
3 storeys (1)
12.5 m
Flat Roof (FR) =
10.m m - and
shall not exceed
3 storeys (1)
12.5 m
Flat Roof (FR) =
10.m m - and shall
not exceed
3 storeys (1)
13 m
FR = 10.5 m
(# of storeys: no
variation)
Greater than 13 m
FR = Greater than 10.5 m
(# of storeys: greater than 3
storeys)
Accessory Uses, Buildings and Structures
Minimum Front Yard Refer to General Provisions
Up to 10% reduction
for apartment
dwellings
None for other uses
Greater than 10% reduction
for apartment dwellings
Minimum Interior
Side Yard
1 m
1 m
1 m
0 m (interior) or 1.0
m (end of interior
block of attached
townhouse
0 m (interior) or
1.0 m (end of
interior block of
attached
0 m (interior) or
1.0 m (end of
interior block of
attached
2 m for uses with
apartment
dwellings
Up to 20% reduction
Greater than 20% reduction
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Single Detached
Dwelling
Semi Detached
Dwelling
Duplex / Triplex
Dwelling
Street Townhouse
Dwelling and
Block Townhouse
Dwelling
(regulations per
dwelling unit)
Back-to-Back
Townhouse
Dwelling
Stacked
Townhouse
Dwelling
Apartment Dwelling Staff Variation
Class 2 Permit
Council Variation
Class 3 Permit
dwellings)
townhouse
dwellings)
townhouse
dwellings)
Minimum Exterior
Side Yard
3 m
3 m
3 m
3 m
3 m
3 m
3 m
Up to 20% reduction
Greater than 20% reduction
Minimum Rear Yard
1 m
1 m
1 m
1 m
1 m
1 m transition
1 m
Up to 20% reduction
Greater than 20% reduction
(1) A storey shall not include a basement or a walkout basement or a storey incorporated into the roofline of a dwelling.
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5.3
Shoreline Residential Precinct Regulations
(a) Table 5.7 shall apply to lots within settlement areas:
Table 5.7 - Shoreline Residential Precinct - Settlement Areas
Standard
Staff Variation
Class 2 Permit
Council Variation
Class 3 Permit
Minimum Lot Area
1,400 m2
Up to 40%
reduction
Greater than 40%
reduction
Minimum Lot Frontage
17 m
Up to 1 m reduction
Greater than 1 m
reduction
Minimum Water Frontage
15 m
Up to 2 m reduction
Greater than 2 m
reduction
Minimum Waterfront Yard
Lot depth 60 m of less = 15 m setback
Up to 50%
reduction
Greater than 50%
reduction
Lot depth greater than 60 m = 30 m
setback from the water's edge
Up to 50%
reduction
Greater than 50%
reduction
Attached decks, porches, pergolas,
gazebos, or any other attached
accessory structure to a dwelling or
attached garage = 15 m
Up to 50%
reduction
Greater than 50%
reduction
Minimum Front Yard
Dwelling unit = 4.5 m
Attached garage = 6 m
Attached garage with motor vehicle
door(s) facing the interior/exterior side
yard = 4.5 m
Attached decks/porches/balconies = 3 m
Up to 15%
reduction
Greater than 15%
reduction
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Standard
Staff Variation
Class 2 Permit
Council Variation
Class 3 Permit
Maximum Front Yard
Dwelling unit = 7 m
Attached garage = 7 m
Up to 20% increase
Greater than 20%
increase
Minimum Interior Side Yard
Dwelling unit = 1.5 m
Attached Garage = 1.5 m
Attached Garage with motor vehicle
door(s) facing the interior side yard = 6
m
Attached decks/porches/balconies =
1.5 m
Up to 50%
reduction
Greater than 50%
reduction
Minimum Exterior Side Yard
Dwelling unit = 4 m
Attached Garage = 4 m
Attached Garage with motor vehicle
door(s) facing the exterior side yard = 6
m
Attached decks/porches/balconies = 3
m
Up to 50%
reduction
Greater than 50%
reduction
Maximum Total Lot Coverage
35%
Increase to 50%
Greater than 50%
Landscaped Open Space (Minimum of a
Lot Area)
40%
Up to 20%
reduction
Greater than 20%
reduction
Landscaped Open Space (Minimum of
Front Yard and Exterior Side Yard)
40%
Up to 20%
reduction
Greater than 20%
reduction
Maximum Building Height
9.5 m
Flat Roof (FR) = 7.5 m
10 m (1) (2)
FR = 8.0 m (1)(2)
Greater than 10 m
FR = Greater than
8.0 m
Attached Garage Door(s) Openings for
When Facing a Street (Maximum)
50% of the principal building width
Up to 20% increase
Greater than 20%
increase
Town of Innisfil Community Planning Permit By-law
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Standard
Staff Variation
Class 2 Permit
Council Variation
Class 3 Permit
(1) Shall increase one side yard to a minimum of 3.0 metres for the dwelling. In the case of a corner lot, the increased side
yard of 3.0 metres for the dwelling shall be located from the interior lot line.
(2) A breezeway may be permitted to attach to the dwelling and garage and shall be subject to the standards and provisions
as noted in the above chart for an attached garage. The breezeway shall have a minimum width of 1.2 metres and a
maximum length of 10 metres.
(b) Table 5.8 shall apply to lots located outside of settlement areas with lot areas under 7,900 m2:
Table 5.8 - Shoreline Residential Precinct - Lots Located Outside of Settlement Areas With Lot Areas Under 7,900 m2
Standard
Staff Variation
Class 2 Permit
Council Variation
Class 3 Permit
Minimum Lot Area
5,260 m2
Up to 10%
reduction
Greater than 10%
reduction
Minimum Lot Frontage
45 m
Up to 10%
reduction
Greater than 10%
reduction
Minimum Water Frontage
40 m
Up to 10%
reduction
Greater than 10%
reduction
Minimum Waterfront Yard
30 m
Up to 50%
reduction
Greater than 50%
reduction
Attached decks, porches, pergolas,
gazebos, or any other attached
accessory structure to a dwelling or
Up to 30%
reduction
Greater than 30%
reduction
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Standard
Staff Variation
Class 2 Permit
Council Variation
Class 3 Permit
attached garage = 15 m
Minimum Front Yard
Dwelling unit = 15 m
Attached garage = 12 m
Attached garage with motor vehicle
door(s) facing the interior/exterior side
yard = 10 m
Attached decks/porches/balconies = 6
m
Up to 50%
reduction
Greater than 50%
reduction
Minimum Interior Side Yard
Dwelling unit = 1.5 m
Attached Garage = 1.5 m
Attached Garage with motor vehicle
door(s) facing the interior side yard = 6
m
Attached decks/porches/balconies =
1.5 m
Up to 50%
reduction
Greater than 50%
reduction
Minimum Exterior Side Yard
Dwelling unit = 15 m
Attached Garage = 5 m
Attached Garage with motor vehicle
door(s) facing the exterior side yard = 10
m
Attached decks/porches/balconies = 6
m
Up to 50%
reduction
Greater than 50%
reduction
Maximum Lot Coverage
15%
Increase to 25%
Greater than 25%
Landscaped Open Space (Minimum of a
Lot Area)
60%
Up to 40%
reduction
Greater than 40%
reduction
Landscaped Open Space (Minimum of
Front Yard and Exterior Side Yard)
60%
Up to 40%
reduction
Greater than 40%
reduction
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Standard
Staff Variation
Class 2 Permit
Council Variation
Class 3 Permit
Maximum Building Height
9.5 m
Flat Roof (FR) = 7.5 m
10 m (1) (2)
FR = 8.0 m (1) (2)
Greater than 10 m
FR = Greater than
8.0 m
(1) Shall increase one side yard to a minimum of 3.0 metres for the dwelling. In the case of a corner lot, the increased side
yard of 3.0 metres for the dwelling shall be located from the interior lot line.
(2) A breezeway may be permitted to be attached to the dwelling and garage and shall be subject to the standards and
provisions as noted in the above chart for an attached garage. The breeze way shall be a wholly enclosed corridor
providing access from the dwelling to the garage with a minimum width of 1.2 metres and a maximum length of 10 metres.
Town of Innisfil Community Planning Permit By-law
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(c) The following chart shall apply to lots located outside of settlement areas with lot areas over 7,900 m2.
Table 5.9 - Shoreline Residential Precinct - Lots Located Outside of Settlement Areas with Lot Areas Over 7,900 m2
Standard
Staff Variation
Class 2 Permit
Council Variation
Class 3 Permit
Minimum Lot Area
7,900 m2
None
None
Minimum Lot Frontage
61 m
Up to 10%
Greater than 10%
reduction
Minimum Water Frontage
55 m
Up to 10%
reduction
Greater than 10%
reduction
Minimum Waterfront Yard
30 m
Up to 50%
reduction
Greater than 50%
reduction
Attached decks, porches, pergolas,
gazebos, or any other attached
accessory structure to a dwelling or
attached garage = 20 m
Up to 30%
reduction
Greater than 30%
reduction
Minimum Front Yard
Dwelling unit = 20 m
Attached garage = 15 m
Attached garage with motor vehicle
door(s) facing the interior/exterior side
yard = 10 m
Attached decks/porches/balconies = 10
m
Up to 50%
reduction
Greater than 50%
reduction
Minimum Interior Side Yard
Dwelling unit = 6 m
Attached Garage = 6 m
Attached Garage with motor vehicle
Up to 50%
reduction
Greater than 50%
reduction
Town of Innisfil Community Planning Permit By-law
June 2025
106
Standard
Staff Variation
Class 2 Permit
Council Variation
Class 3 Permit
door(s) facing the interior side yard = 12
m
Attached decks/porches/balconies = 6 m
Minimum Exterior Side Yard
Dwelling unit = 15 m
Attached Garage = 6 m
Attached Garage with motor vehicle
door(s) facing the exterior side yard = 10
m
Attached decks/porches/balconies = 6
m
Up to 50%
reduction
Greater than 50%
reduction
Maximum Lot Coverage
15%
Increase to 25%
Greater than 25%
Landscaped Open Space (Minimum of a
Lot Area)
60%
Up to 40%
reduction
Greater than 40%
reduction
Landscaped Open Space (Minimum of
Front Yard and Exterior Side Yard)
60%
Up to 40%
reduction
Greater than 40%
reduction
Maximum Building Height
9.5 m
Flat Roof (FR) = 7.5 m
10 m (1)(2)
FR = 8.0 m (1)(2)
Greater than 10 m
Greater than 8.0 m
(1) Shall increase one side yard to a minimum of 7.5 metres for the dwelling. In the case of a corner lot the increased side
yard of 7.5 metres for the dwelling shall be located from the interior lot line.
(2) A breezeway may be permitted attached to the dwelling and garage and shall be subject to the standards and provisions
as noted in the above chart for an attached garage. The breezeway shall be a wholly enclosed corridor providing access
from the dwelling to the garage with a minimum width of 1.2 metres and a maximum length of 10 metres.
Town of Innisfil Community Planning Permit By-law
June 2025
107
5.4
Accessory Uses, Buildings and Structures in the Shoreline Residential Precinct
1. All detached accessory uses, buildings and structures located in the Shoreline Residential Precinct shall comply with
Section 3.3 and the following additional provisions:
a) Notwithstanding 3.29 (c), the following shall be permitted prior to the construction of the principal building:
i)
one (1) shed or storage shed that is not more than 10 square metres in floor area;
ii)
one (1) dock; and,
iii)
stairs and associated landings located within the waterfront yard.
Town of Innisfil Community Planning Permit By-law
June 2025
108
5.6.1 Boathouses / Boatports
a) A boathouse/boatport is a discretionary use in the shoreline buffer area and waterfront yard and are subject to a
Class 3 permit and shall be subject to the provisions as described in Table 5.10:
Table 5.10: Boathouses / Boatport Provisions
Minimum water frontage
Max. Height
(2) metres
Max. Width
metres
Max.
Length
metres
Max.
Projection
into Lake
Simcoe (1)
Council
Variation
Class 3
Permit
Side Yard
Setback
Council
Variation
Class 3
Permit
< 15 m
On Land
3
3
10
1
Up to 50%
increase
5 m
Up to 10%
decrease
In Water
3
3
9
9
15 m - <45
m
On Land
3.6
7
12
1
5 m
In Water
3
5
9
9
46 m - <60
m
On Land
3.6
10
12
1
6 m
In Water
3.0
7
10
10
61 m and
greater
On Land
4
14
14
1
6 m
In Water
3.6
9
10
10
Town of Innisfil Community Planning Permit By-law
June 2025
109
1) Where the maximum projection into Lake Simcoe is proposed to be increased through a Class 3 permit, the side yard
setback on both sides of the property shall be increased by a distance equal to the proposed projection over the permitted
projection standard.
2) In addition to the permissible variations for maximum height, under the provisions of Facilities, Services and Matters
(Section 1.29), through a Class 3 permit Council can consider variations in boathouse/boatport height up to a maximum
of 7m (2 storeys) , , subject to the following:
(a) The second storey of the boathouse/boatport is non-habitable; and
(b) The second storey of the boathouse/boatport is smaller in gross floor area than the first storey, and the second
storey of the boathouse/boatport incorporates stepbacks from the floor below; and
(c) Satisfaction of the criteria listed in Section 1.10 of this By-law.
b) Additional Provisions
i.
A total of one (1) boathouse/boatport is permitted per lot.
ii.
No portion of any boathouse/boatport shall be used for human habitation or a dwelling at any time, including
sleeping, cooking or living area, and shall not contain a sauna, washroom, hot tub, whirlpool or other similar type
of use.
iii.
The boathouse/boatport shall not be serviced by natural gas, propane, oil or other similar type of fuel or
potable water.
iv.
Any portion of a boathouse/boatport that projects greater than 1 metre into Lake Simcoe from the water's
edge shall meet the standards and provisions of an in water boathouse/boatport.
v.
Any boathouse/boatport shall not impede the natural flow of water along the shoreline or harmfully alter fish
habitat.
vi.
Any water structures, decks or patios surrounding the boathouse/boatport shall be included in the maximum
floor area of the boathouse/boatport.
vii.
Any in water boathouse/boatport may be permitted on top of a dock.
Town of Innisfil Community Planning Permit By-law
June 2025
110
5.6.2 Docks, Ramps, Boat Lifts, Marine Railways, and Groynes (Water Structures)
a) The following provisions in Table 5.11 shall apply to docks, ramps, boat lifts, marine railways, and groynes, including
permanent, temporary, seasonal and floating/non-floating water structures.
Table 5.11: Water Structure Provisions
Standard
Staff Variation
Class 2 Permit
Council Variation
Class 3 Permit
Quantity Per Lot (maximum)
1 of each type of water
structure
More than 1 of each type
of water structure
N/A
Minimum Side Yard Setback
5 m
1 m
0 m where supported by
report identified in
additional provision (v).
N/A
Permanent Dock / Marine Railways
Projection into Lake Simcoe (maximum)
20 m
Up to 30 m
Up to 40 m
Permanent Cumulative Dock Area
(maximum)
50 m2
Up to 75 m2
Up to 115 m2
b) Additional Provisions
i.
Single storey gazebos, pergolas, tents, canopies or any other similar structures are permitted on or within any
of the Water Structures within 10 metres from the shoreline;
ii.
Water Structures shall be located in front of the Owner's property;
iii.
The side yard property line located on the water is determined by projecting the existing property line from the
water's edge into Lake Simcoe. Setbacks shall be measured from the property line projection;
iv.
A coastal engineering report is required for permanent Water Structures to mitigate any identified impacts;
v.
A coastal engineering report may be required for seasonal Water Structures to mitigate any identified impacts;
vi.
Breakwaters/revetments, rock groynes and shoals are not encouraged and, where proposed, are included in the
total area of the dock and a coastal engineering report is required;
Town of Innisfil Community Planning Permit By-law
June 2025
111
vii.
Water Structures cannot impede the natural flow of water along the shoreline or harmfully alter fish habitat;
viii.
The following criteria shall be reviewed by Staff when siting any water structures:
i.
Water depth of Lake Simcoe in the vicinity of the subject lands;
ii.
Projections of docks, ramps and boatlifts of abutting properties;
iii.
Interference with the docks of abutting properties; and
iv.
The shape and formation of the shoreline.
ix.
Notwithstanding the above, where a Water Structure is proposed to be in front of publicly owned land, such as a
park, beach or a municipal road end, a Class 3 permit is required.
Town of Innisfil Community Planning Permit By-law
June 2025
112
5.6.3 Detached Garage
a) The provisions in Section 3.12 shall apply to detached garages in addition to the provisions of Table 5.12:
Table 5.12 - Detached garage provisions in the Shoreline Residential Precinct
Standard
Staff Variation
Class 2 Permit
Council Variation
Class 3 Permit
Quantity Per Lot (maximum)
1
More than 1
N/A
Minimum Waterfront Yard
Not permitted in
Waterfront Yard
30 m or
15 m where the lot depth
is less than 60 m
None
Minimum Interior Side Yard
3 m
Reduction to 1 m
Reduction to less than 1 m
Minimum Exterior Side Yard
3 m
Reduction to 1 m
Reduction to less than 1 m
Floor Area for Second Story (maximum)
50 m2
25% increase
50% increase
Town of Innisfil Community Planning Permit By-law
June 2025
113
5.6.4 Storage Shed
a) The provisions in Table 5.13 shall apply to storage sheds.
Table 5.13 - Storage shed provisions in the Shoreline Residential Precinct
Standard
Staff Variation
Class 2 Permit
Quantity Per Lot (maximum)
1
More than 1
Minimum Waterfront Yard Setback
1 m
None
Minimum Front Yard
5 m
Not permitted in front yard in settlement
areas
Reduction to 1 m
Minimum Interior Side Yard
2.5 m
Reduction to 1 m
Minimum Exterior Side Yard
3 m
Reduction to 1 m
Maximum Building Height
4 m
6 m
Town of Innisfil Community Planning Permit By-law
June 2025
114
5.6.5 Other Detached Accessory Structures/Uses
The provisions in Table 5.14 shall apply to other accessory uses:
Table 5.14 - Other detached accessory structures/uses provisions in the Shoreline Residential Precinct
Qty
(maximum)
Front Yard
Setback
(minimum)
Waterfront
Yard
Setback
(minimum)
Side Yard
Setback
(minimum)
Staff Variation
Class 2
Permit
Council
Variation
Class 3 Permit
Gazebo, pergolas,
etc.
1
5 m
Not permitted
in front yard
within
settlement
areas
5 m
Interior = 3 m
Exterior = 5 m
25% reduction
where
standard is a
minimum, or
increase where
standard is a
maximum
50% reduction
where standard is
a minimum, or
increase where
standard is a
maximum
Saunas, hot tubs,
whirlpools
2
Not permitted
in front yard
15 m
Swimming pools,
tennis courts, other
recreational uses
1
5 m
Not permitted
in front yard
within
settlement
areas
30 m
Sleeping cabins
can be standalone
or on top of a
garage
1
5 m
15 m
Equal to the
side yard of
the principal
dwelling
Town of Innisfil Community Planning Permit By-law
June 2025
115
Section 6.0 - Commercial and Mixed Use Precincts
6.1
The Commercial and Mixed Use Precincts established by the By-law are noted in Table
6.1 as follows:
Table 6.1: Commercial and Mixed Use Precincts
Precinct
Symbol
Mixed Use Precinct
MU
Neighbourhood Commercial Precinct
NC
6.2 Permitted Uses
Uses permitted in the Mixed Use and Neighbourhood Commercial Precincts are
identified with a "P" in the column applicable to the Precinct and corresponding with the
row for a specific permitted use in Table 6.2. All permitted uses shall be subject to the
applicable Precinct regulations provided in Sections 6.3, Section 6.4, and the general
provisions provided in Section 3.0, where applicable.
Table 6.2 - Mixed Use Permitted Uses
Mixed Use Precinct
Neighbourhood
Commercial Precinct
Principal Use
Residential Uses
Apartment dwelling
P (2)
P
Existing single-
detached dwelling
P (1)
Existing semi-
detached dwelling
P (1)
Existing duplex
dwelling
P (1)
Existing townhouse
dwelling
P (1)
Commercial Uses
Bake shop
P
P
Banquet hall
P
P
Commercial school
P
Convenience store
P
P
Custom workshop
P
P
Child Care Centre
P
P
Financial institution (3)
P
P
Fitness centre
P
P
Town of Innisfil Community Planning Permit By-law
June 2025
116
Mixed Use Precinct
Neighbourhood
Commercial Precinct
Fruit and vegetable
produce market
P
P
Funeral home
P
Grocery store
P
P
Hotel, motel
P
P
Indoor Recreational
Centre
P
P
Laundry and dry-
cleaning depot
P
P
Medical office
P
P
Motor vehicle dealership
P
Motor vehicle gas bar
P
Motor vehicle washing
establishment
P
Personal service
establishment
P
P
Pet day care
establishment
P
P
Photography or artist's
studio
P
P
Place of entertainment
P
P
Printing and publishing
establishment
P
P
Professional office
P
P
Restaurant (3)
P
P
Retail store
P
P
Self-Storage Units
P
Service and repair
establishment
P
P
Shopping centre
P
P
Taxi stand or dispatch
office
P
P
Veterinary clinic
P
Warehouse retail
P
Community Services Uses
Government facility
P
P
Long term care home or
nursing home
P
P
Park
P
P
Place of worship
P
P
Public parking lot or
structure
P
P
Public uses
P
P
Retirement home
P
P
School
P
P
University or college
P
P
Town of Innisfil Community Planning Permit By-law
June 2025
117
Mixed Use Precinct
Neighbourhood
Commercial Precinct
Accessory Use, Buildings and Structures
Accessory buildings and
structures (1)
P
P
Additional Dwelling
Unit (1)
P
P
Outdoor patio
P
P
Outdoor rooftop patio
(accessory use)
P
Notes:
(1) Existing single-detached, semi-detached, duplex and townhouse dwellings,
existing as of the date of this By-law, shall be permitted. Additions and/or
extensions to single-detached and semi-detached dwellings shall be subject to the
applicable provisions of the RL2 Precinct.
(2) Residential dwelling units are only permitted as part of a building containing at
least 50% non-residential uses on the ground floor. Residential dwelling units
are not permitted in the basement or on the first storey if they front Innisfil Beach
Road (i.e. in the first storey). Residential dwelling units are permitted to maintain
frontage along side streets.
(3) The establishment of a drive-through service facility on a lot fronting on Innisfil
Beach Road is not Permitted.
6.3 Mixed Use Precinct Regulations
a) The following Precinct regulations identified in Table 6.3 shall apply to the Mixed
Use Precinct.
Town of Innisfil Community Planning Permit By-law
June 2025
118
Table 6.3 - Mixed Use Precinct Regulations
Provisions
Mixed Use
Buildings
Stand-Alone
Commercial
and
Community
Services
Buildings
Apartment Dwellings
Staff Variation
Class 2 Permit
Council
Variation
Class 3
Permit
Minimum Lot
area
2000 m2
2000 m
500 m2
Up to 20% reduction
Greater than
20%
reduction, up
to 50%
reduction
Minimum Lot
Frontage
15 m
15 m
15 m
Up to 20% reduction
Greater than
20%
reduction, up
to 50%
reduction
Minimum
Building
Frontage
N/A
N/A
N/A
Up to 20% reduction
Greater than
20%
reduction, up
to 50%
reduction
Minimum
Front Yard
1 m (1)
1 m (1)
3 m (1)
Up to 20% reduction
Greater than
20%
reduction, up
to 50%
reduction
Maximum
Front Yard
4 m (1)
4 m (1)
4 m (1)
Up to 20% increase
Greater than
20%
increase, up
to 50%
increase
Town of Innisfil Community Planning Permit By-law
June 2025
119
Provisions
Mixed Use
Buildings
Stand-Alone
Commercial
and
Community
Services
Buildings
Apartment Dwellings
Staff Variation
Class 2 Permit
Council
Variation
Class 3
Permit
Minimum
Interior Side
Yard
0 m; Except
where
residential
zones/precincts
are abutting a
side property
line, a
minimum of 3
m shall be
provided;
Except where a
driveway is
provided which
leads to a
parking area, a
minimum of 4.5
m shall be
provided.
0 m
0 m; Except where
residential
zones/precincts are
abutting a side
property line, a
minimum of 3 m shall
be provided; Except
where a driveway is
provided which leads
to a parking area, a
minimum of 4.5 m
shall be provided.
Where abutting a
Residential Precinct,
up to 25% reduction
Where
abutting a
Residential
Precinct,
greater than
20%
reduction, up
to 50%
reduction
Minimum
Exterior Side
Yard
1 m
0 m
3 m
Up to 20% reduction
Greater than
20%
reduction, up
to 50%
reduction
Minimum
Rear Yard
7.5 m
7.5 m
7.5 m
Up to 20% reduction
Greater than
20%
reduction, up
to 50%
reduction
Town of Innisfil Community Planning Permit By-law
June 2025
120
Provisions
Mixed Use
Buildings
Stand-Alone
Commercial
and
Community
Services
Buildings
Apartment Dwellings
Staff Variation
Class 2 Permit
Council
Variation
Class 3
Permit
Minimum
Building
Height
7.5 m
4.5 m
7.5 m
Up to 1.0 m
reduction
Greater than
1 m
reduction, up
to 3.6 m
reduction
Maximum
Building
Height
15 m and
subject to a 45
degree angular
plane (3)
9 m
14 m
and subject
to a 45
degree
angular
plane (3)
20 m (3)
Greater than
20 m (3)
Minimum
landscaped
open space
20%
20%
35%
10%
Less than
10%
Minimum
width of
landscaped
strip at rear
lot line
3 m, if the
rear lot line
abuts a
Residential
Precinct or 1.5
m, if the rear
lot line abuts
an Open
Space or
Environment
al Protection
Precinct
3 m, if the
rear lot line
abuts a
Residential
Precinct or 1.5
m, if the rear
lot line abuts
an Open
Space or
Environment
al Protection
Precinct
0 m; except where the
yard abuts a
Residential Precinct in
which case the
minimum required yard
is 3 m or where the
yard abuts an Open
Space or Environment
al Protection Precinct,
in which case the
minimum required yard
is 1.5 m
up to 20% reduction
Greater than
20%
reduction, up
to 50%
reduction
Minimum
width of
0 m
0 m;
up to 25% reduction
Greater than
20%
Town of Innisfil Community Planning Permit By-law
June 2025
121
Provisions
Mixed Use
Buildings
Stand-Alone
Commercial
and
Community
Services
Buildings
Apartment Dwellings
Staff Variation
Class 2 Permit
Council
Variation
Class 3
Permit
landscaping
adjacent to
the interior
lot lines
0 m; Except
where
residential
zones/precincts
are abutting a
side property
line, a
minimum of 3
m shall be
provided.
Except where the yard
abuts a residential
zone/precinct, a
minimum of 3 m shall
be provided.
reduction, up
to 50%
reduction
Minimum
Amenity
Space
4 m2 per
residential unit
(2)
N/A
4 m2 per residential
unit (2)
Up to 20% reduction
Greater than
20%
reduction, up
to 50%
reduction
Notes:
(1) Notwithstanding any other provisions of this By-law, where a lot directly abuts Innisfil Beach Road, the front lot line (front yard) is
considered to be the property line abutting the planned width of Innisfil Beach Road.
(2) Units shall have amenity space provided at a minimum rate of 4 m2 per unit, of which: a minimum of 2 m2 per unit shall be indoor
amenity space; a minimum of 40 m2 shall be outdoor amenity space in a location adjoining or directly accessible to the indoor
amenity space.
(3) Notwithstanding any other provisions of this By-law, mixed use buildings and apartment dwellings which maintain frontage on
Innisfil Beach Road will have a maximum height of 26 m and be subject to the 45 degree angular plane. Proposed heights greater
than 26 m shall be subject to a Council Variation Class 3 Permit.
Town of Innisfil Community Planning Permit By-law
June 2025
122
b) Additional Provisions
The following additional provisions shall apply. Variations to any of the following provisions
shall be subject to a Class 2 Community Planning Permit application:
(1) Additional Setback Above 4 Storeys
a) Where the building height is greater than 4 storeys, at and above the fourth
storey a building must be setback a minimum of 1 m more than the provided
setback from the front lot line as set out, and from the exterior side yard.
(2) Outdoor Patios on Roofs
Outdoor Roof Top Patios are permitted. Those seeking to develop outdoor patios
on roofs are required to submit scaled, dimensioned drawings to be approved by
Town Planning Staff. Notwithstanding any provisions of this By-law, every outdoor
patio shall comply with the following:
a) Commercial outdoor rooftop patios are to be situated within the front half of a
building, oriented towards Innisfil Beach Road and are not permitted within
buildings containing residential uses.
b) Seating Capacity Requirements:
No outdoor patio shall provide for:
i)
More than 50% of the seating accommodation permitted under the
Liquor License Act, R.S.O. 1990, c.L.19, as amended, to the
restaurant with which the outdoor commercial patio is associated; or,
ii)
Seating accommodation for more than thirty (30) persons, whichever
is the greater.
c) Prohibition of Commercial Entertainment and Recreation:
That portion of a lot on which the outdoor patio is permitted shall not be
used for commercial entertainment or commercial recreation including live or
recorded music or dance facilities.
d) Lighting
Direct any lighting away from adjoining properties and streets.
e) Exit(s)
Regular ingress and egress must be provided from the interior of the building,
and any exterior stair access shall only be used for emergency and fire in
accordance with the Ontario Building Code.
Town of Innisfil Community Planning Permit By-law
June 2025
123
f) Sound Attenuation
Where a proposed outdoor patio is adjacent a residential use, a noise
study will be required which may recommend the installation of an acoustical
wall to attenuate noise from the roof-top patio to acceptable limits.
(3) Parking Standards
In addition to the Parking Provisions of Section 4.1, the following additional
provisions shall apply:
a) Parking spaces shall not be located between the building face and Innisfil
Beach Road, or between the building face, and the exterior side yard.
(4) Accessory Buildings and Storage
Notwithstanding any provisions to the contrary, accessory buildings and storage
shall comply with the following:
a) Accessory buildings and storage shall only be permitted in the rear yard;
b) All storage must be completely enclosed in a building; and
c) Outdoor storage is not permitted.
Town of Innisfil Community Planning Permit By-law
June 2025
124
6.4 Neighbourhood Commercial Precinct Regulations
a) The following Precinct regulations identified in Table 6.4 shall apply to the Neighbourhood Commercial Precinct.
Table 6.4 - Neighbourhood Commercial Precinct Regulations
Provisions
Mixed Use
Buildings
Stand-Alone
Commercial
and
Community
Services
Buildings
Staff Variation
Class 2 Permit
Council
Variation
Class 3 Permit
Minimum Lot
area
Mixed use: 1000
m2
2000 m2
Up to 50%
reduction
Greater than 50%
reduction, up to
100% reduction
A: Minimum Lot
Frontage
Mixed use: 15 m
15 m
Up to 20%
reduction
Greater than 20%
reduction, up to
50% reduction
Town of Innisfil Community Planning Permit By-law
June 2025
125
Provisions
Mixed Use
Buildings
Stand-Alone
Commercial
and
Community
Services
Buildings
Staff Variation
Class 2 Permit
Council
Variation
Class 3 Permit
Minimum
Building
Frontage
N/A
N/A
Up to 20%
reduction
Greater than 20%
reduction, up to
50% reduction
B: Minimum
Front Yard
1m (1)
1 m (1)
Up to 100%
reduction
N/A
B: Maximum
Front Yard
N/A
4 m (1)
N/A
N/A
C: Minimum
Interior Side
Yard
0 m; Except
where
residential uses
are abutting a
side property
line, a minimum
of 3 m shall be
provided; Except
where a
driveway is
provided which
leads to a
parking area, a
minimum of 4.5
m shall be
provided.
0 m
Up to 50%
reduction
Greater than 50%
reduction, up to
100% reduction
Town of Innisfil Community Planning Permit By-law
June 2025
126
Provisions
Mixed Use
Buildings
Stand-Alone
Commercial
and
Community
Services
Buildings
Staff Variation
Class 2 Permit
Council
Variation
Class 3 Permit
Minimum
Exterior Side
Yard
Mixed use: 8 m
Where the
exterior side
yard abuts a
Residential
Precinct, it shall
be subject to the
45-degree
angular plane
0 m
Up to 50%
reduction
Greater than 50%
reduction, up to
100% reduction
Minimum Rear
Yard
7.5 m
7.5 m
Up to 50%
reduction
Greater than 50%
reduction, up to
100% reduction
Minimum
Building Height
N/A
7.5 m
Up to 1.0 m
reduction
Greater than 1 m
reduction, up to
3.6 m reduction
Maximum
Building Height
15 m and
subject to a 45-
degree angular
plane
15 m and
subject to a
45-degree
angular
plane
Up to 2.0 m
increase
Greater than 2.0
m increase
Minimum
landscaped
open space
35%
20%
Up to 50%
reduction
Greater than 50%
reduction, up to
100% reduction
Minimum width
of landscaped
strip at front and
1.2 m
0 m
Up to 50%
reduction
Greater than 50%
reduction, up to
100% reduction
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Provisions
Mixed Use
Buildings
Stand-Alone
Commercial
and
Community
Services
Buildings
Staff Variation
Class 2 Permit
Council
Variation
Class 3 Permit
exterior side
lot lines
Minimum width
of landscaped
strip at rear lot
line
3 m, if the
rear lot line
abuts a
Residential
Precinct or 1.5
m, if the rear
lot line abuts
an Open
Space or
Environment
al Protection
Precinct
3 m, if the
rear lot line
abuts a
Residential
Precinct or 1.5
m, if the rear
lot line abuts
an Open
Space or
Environment
al Protection
Precinct
Up to 50%
reduction
Greater than 50%
reduction, up to
100% reduction
Minimum width
of landscaping
adjacent to the
interior lot lines
2.4 m
0 m
Up to 50%
reduction
Greater than 50%
reduction, up to
100% reduction
Minimum
Amenity Space
4 m2 per
residential unit
(2)
N/A
Up to 20%
reduction
Greater than 20%
reduction, up to
50% reduction
Notes:
(1) Notwithstanding any other provisions of this By-law, where a lot directly abuts Innisfil Beach Road, the front lot line (front yard)
will be considered to be the property line abutting the planned width of Innisfil Beach Road.
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(2) Units shall have amenity space provided at a minimum rate of 4 m2 per unit, of which: a minimum of 2 m2 per unit shall be indoor
amenity space; a minimum of 40 m2 shall be outdoor amenity space in a location adjoining or directly accessible to the indoor
amenity space.
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b) Additional Provisions
The following additional provisions shall apply. Variations to any of the following provisions
shall be subject to a Class 2 Community Planning Permit application:
(1) Permitted Front Yard Encroachments on to Innisfil Beach Road
a) Private Lands
Notwithstanding any other provisions of this By-law, front yard
encroachments for balconies, porches, canopies, eaves and bay windows are
permitted up to 1 m.
b) Public Lands
Notwithstanding any of the provisions of this By-law, front yard
encroachments for outdoor patios are permitted to the near side of the
sidewalk.
(2) Outdoor Roof Top Patios
Outdoor Roof Top Patios are permitted in MU precincts. Those seeking to develop
rooftop patios are required to submit scaled, dimensioned drawings to be approved
by Town Planning Staff. Notwithstanding any provisions of this By-law, every outdoor
commercial patio shall comply with the following:
a) Seating Capacity Requirements:
No outdoor patio shall provide for:
i)
More than 50% of the seating accommodation permitted under the
Liquor License Act, R.S.O. 1990, c.L.19, as amended, to the
restaurant with which the outdoor commercial patio is associated; or,
ii)
Seating accommodation for more than thirty (30) persons, whichever
is the greater.
b) Prohibition of Commercial Entertainment and Recreation:
That portion of a lot on which the outdoor patio is permitted shall not be
used for commercial entertainment or commercial recreation including live or
recorded music or dance facilities.
c) Lighting
Direct any lighting away from adjoining properties and streets.
d) Exit(s)
Regular ingress and egress must be provided from the interior of the building,
and any exterior stair access shall only be used for emergency and fire in
accordance with the Ontario Building Code.
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e) Sound Attenuation
Where a proposed roof-top patio is adjacent a residential use, a noise study
will be required which may recommend the installation of an acoustical wall to
attenuate noise from the roof-top patio to acceptable limits.
(3) Parking Standards
In addition to the Parking Provisions of Section 4.1, the following additional
provisions shall apply:
a) Parking spaces shall not be located between the building face and Innisfil
Beach Road, or between the building face, and the exterior side yard.
b) When a parking area or driveway is in a yard that abuts any residential
zones/precincts, the width of landscaping between the parking area or
driveway, and the residential zone/precinct must be a minimum of 1.5 m wide.
c) The difference between the minimum required parking established in this By-law
may be addressed by the collection of cash-in-lieu.
(4) Motor Vehicle Gas Bar:
a) No fuel pump or related canopy may be erected in the front or side yards within 6.0
metres of any street or lot line.
b) On a corner lot, no fuel pump may be erected within 9.0 metres of the intersection
of the front and side lot lines.
c) The minimum lot frontage for an interior lot shall be 30.0 metres.
d) The minimum lot frontage for a corner lot shall be 40.0 metres.
e) The distance between driveways providing access to a lot shall be a minimum of
9.0 metres, except that on a corner lot, no driveway shall be located closer than 9.0
metres of the intersection of the street line, subject to the yard requirements of the
Precinct.
f) Each driveway shall have a maximum width of 9.0 metres and the interior angle
formed between the lot line and centerline of the driveway must be between
seventy (70) and ninety (90) degrees.
g) No driveway shall be located within 3.0 metres of a side lot line.
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Section 7.0 - Community Service, Open Space and Environmental Protection Precincts
7.1
Community Service, Open Space and Environmental Protection Precincts
The Community Service, Open Space and Environmental Protection Precincts consist of
the following Precincts:
Table 7.1: Community Service, Open Space and Environmental Protection Precincts
Precinct
Symbol
Community Service
CS
Open Space
OS
Environmental Protection
EP
7.2
Permitted Uses
Uses permitted in the Community Service, Open Space and Environmental Protection
Precincts are identified with a "P" in the column applicable to that Precinct and
corresponding with the row for a specific permitted use in Table 7.2 - Permitted Uses.
All permitted uses shall be subject to the applicable Precinct regulations provided in
Table 7.3 and the General Provisions provided in Section 3.0, where applicable.
Table 7.2: Community Service, Open Space and Environmental Protection Permitted
Uses
Principal Use
CS
OS
EP
Existing Agricultural Use
P
P
Cemetery
P
Community Centre
P
Conservation Use
P
P
P
Child Care Centre
P
Government Facility
P
Hospital
P
Indoor Recreational Centre
P
Library
P
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Principal Use
CS
OS
EP
Long Term Care Home or Nursing Home
P
Medical Office
P
Outdoor Recreation Use
P
P
Park
P
P
Passive Recreation
P
P
P
Places of Worship
P
Public Uses
P
P
P
Religious Retreat or Camp
P
Retirement Home
P
School
P
University or College
P
Accessory Uses, Buildings and Structures
Accessory Buildings and Structures (1)(2)
P
P
P
Additional Dwelling Unit (1)
P
NOTES:
(1) Subject to specific use provisions contained in the General Provisions of this By-law.
(2) In the EP Precinct, accessory uses, buildings and structure shall be non-habitable.
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The following Precinct regulations identified in Table 7.3 shall apply to the respective Community Service, Open Space and
Environmental Protection Precincts.
Table 7.3 - Precinct Regulations
Principal Use
CS
OS
EP
Staff Variation
Class 2 Permit
Council Variation
Class 3 Permit
Minimum Lot Area
1,000 m2
N/A
N/A
Up to 25% variation
Greater than 25%
Minimum Lot
Frontage
15 m
15 m
N/A
Up to 10% variation
Greater than 10%
Minimum Front
Yard
6 m
6 m
10 m
Up to 10% variation
Greater than 10%
Minimum Interior
Side Yard
5 m
5 m
10 m
Up to 10% variation
Greater than 10%
Minimum Exterior
Side Yard
6 m
6 m
10 m
Up to 10% variation
Greater than 10%
Minimum Rear
Yard
8 m
8 m
10 m
Up to 10% variation
Greater than 10%
Maximum Lot
Coverage
40%
40%
N/A
Up to 10% variation
Greater than 10%
Maximum Building
Height
12 m
11 m
N/A
Up to 10% variation
Greater than 10%
Minimum
Landscaped Open
Space
20%
N/A
N/A
Up to 10% variation
Greater than 10%
Other
Where a rear or
interior side yard
N/A
N/A
None
None
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Principal Use
CS
OS
EP
Staff Variation
Class 2 Permit
Council Variation
Class 3 Permit
abuts a Residential
Precinct, the
abutting minimum
rear or interior
side yard shall be
9 m.
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Section 8 - Site-Specific Exceptions
Notwithstanding any other provisions of this By-law, the site-specific exceptions contained in
this Section shall apply to the area or areas defined below and as shown on Schedule A, and
unless otherwise stated shall be subject to all other provisions of the applicable Precinct and By-
law.
8.1
Site-Specific Exceptions for Residential Low Density 1 (RL1) Precincts
8.1.1
Exception Number: RL1-1
Applicable Parent Precinct: RL1
By-law (reference) 011-01
8.1.1.1 Precinct Regulations
a) Notwithstanding Table 5.4 the minimum rear yard setback shall be 3.0m.
8.1.2
Exception Number: RL1-2
Applicable Parent Precinct: RL1
By-law (reference) 080-13
8.1.2.1 Precinct Regulations
a) Notwithstanding Table 5.4 the minimum rear yard setback shall be 3.0m.
8.1.3
Exception Number: RL1-3
Applicable Parent Precinct: RL1
By-law (reference) 111-11, 093-14
8.1.3.1 Precinct Regulations
a) Notwithstanding Table 5.4 the maximum lot coverage shall be 45% for bungalow style
single detached dwellings.
8.1.3.2 Other
a) For the purpose of this section, bungalow shall mean a single storey dwelling.
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8.1.4
Exception Number: RL1-4
Applicable Parent Precinct: RL1
By-law (reference) 111-11
8.1.4.1 Precinct Regulations
a) Notwithstanding Table 5.4 the following provisions shall apply for bungalow style
single detached dwelling
i) The minimum lot coverage shall be 45%.
ii) The minimum exterior side yard setback shall be 4.2m.
8.1.4.2 Other
b) For the purpose of this section, bungalow shall mean a single storey dwelling.
8.1.5
Exception Number: RL1-5
Applicable Parent Precinct: RL1
By-law (reference) 142-12
8.1.5.1 Permitted Uses
a. Notwithstanding any other provision of this By-law, where a Model Home Agreement
has been executed between the Town and the owner, one (1) Model Home shall be
permitted on the subject lands. A sales centre shall be permitted to locate inside the
garage.
8.1.6
Exception Number: RL1-6
Applicable Parent Precinct: RL1
By-law (reference): 128-15
8.1.6.1 Precinct Regulations
a) Notwithstanding Table 5.4 the following provisions shall apply
i.
The minimum lot frontage shall be 13.5m.
ii.
The minimum lot area shall be 475.0m2.
iii.
The minimum exterior side yard setback shall be 3.0m.
iv.
The minimum front yard setback shall be 6.0m.
v.
The maximum lot coverage for a 1 storey or 1.5 storey dwelling shall be
45%. The maximum lot coverage for a 2 storey dwelling shall be 40%
(By-law 099-16).
vi.
Where the grade change from the front main wall to the rear main wall of a
building exceeds 1.0m, the maximum permitted height of a single-
detached dwelling shall be 10.0m above established grade.
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8.1.7
Exception Number: RL1-7
Applicable Parent Precinct: RL1
By-law (reference) 128-15
8.1.7.1 Precinct Regulations
a) Notwithstanding Table 5.4, where the grade change from the front main wall to the
rear main wall of a building exceeds 1.0m, the maximum permitted height of a
single-detached dwelling shall be 10.0m above established grade.
8.1.8.
Left Intentionally Blank
8.1.9
Exception Number: RL1-9
Applicable Parent Precinct: RL1
By-law (reference) 082-14
8.1.9.1 Precinct Regulations
a) Notwithstanding Table 5.4 the following provisions shall apply
i)
A maximum building height of 9.0m is permitted.
ii)
A maximum lot coverage of 38% is permitted.
8.1.10
Exception Number: RL1-10
Applicable Parent Precinct: RL1
By-law (reference) 059-01
8.1.10.1 Precinct Regulations
a) Notwithstanding Table 5.4 the following provisions shall apply
i)
A minimum lot area of 420.0m2 is permitted.
ii)
The minimum interior side yard shall be 1.5m.
iii)
A minimum exterior side yard of 4.2m is permitted.
8.1.11
Exception Number: RL1-11
Applicable Parent Precinct: RL1
By-law (reference) 024-83
8.1.11.1 Permitted Uses
a) Notwithstanding any other provision of this By-law, retail sales and a single-detached
dwelling shall be permitted.
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8.1.12
Left Intentionally Blank
8.1.13
Exception Number: RL1-13
Applicable Parent Precinct: RL1
By-law (reference) 080-13
8.1.13.1 Permitted Uses
a) Notwithstanding Table 5.2 A retail store with enclosed storage, restaurant, single
detached residence, and rental of fish huts shall also be permitted.
8.1.14
Exception Number: RL1-14
Applicable Parent Precinct: RL1
By-law (reference) 080-13
8.1.14.1 Permitted Uses
a) Notwithstanding Table 5.2 a retail sales establishment shall also be permitted.
8.1.15
Exception Number: RL1-15
Applicable Parent Precinct: RL1
By-law (reference) 080-13
8.1.15.1 Permitted Uses
a) Notwithstanding Table 5.2 A restaurant or take out restaurant shall be the only uses
permitted.
8.1.16
Exception Number: RL1-16
Applicable Parent Precinct: RL1
By-law (reference) 080-13
8.1.16.1 Permitted Uses
a) Notwithstanding Table 5.2 permitted uses shall also include
i.
A public mechanical garage
ii.
Retail convenience store
iii.
Three bay self serve car wash
8.1.17
Exception Number: RL1-17
Applicable Parent Precinct: RL1
By-law (reference) 33-14
8.1.17.1 Precinct Regulations
a) Notwithstanding Table 5.4 the following provisions shall apply
i.
The minimum exterior side yard shall be 5.3m, with a 2.0m encroachment
permitted for entranceway porches.
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ii.
A maximum lot coverage of 42% is permitted for lots 10 and 11 of draft
approved Plan I-T-0502.
8.1.18
Exception Number: RL1-18
Applicable Parent Precinct: RL1
By-law (reference) 33-14
8.1.18.1 Precinct Regulations
a) Notwithstanding Table 5.4 the maximum lot coverage of 42% is permitted for lots 12
and 13 of draft approved Plan I-T-0502.
8.1.19
Exception Number: RL1-19
Applicable Parent Precinct: RL1
By-law (reference) 33-14
8.1.19.1 Precinct Regulations
a) Notwithstanding Table 5.4 the following provisions shall apply
i.
The minimum exterior side yard shall be 5.3m, with a 2.0m encroachment
permitted for entranceway porches.
ii.
A minimum front yard setback of 6.0m is required.
iii.
A maximum lot coverage of 37% is permitted for lot 27 of draft approved
Plan I-T-0502.
iv.
A maximum lot coverage of 39% is permitted for lot 28 of draft approved
Plan I-T-0502.
v.
A maximum lot coverage of 36% is permitted for lot 30 of draft approved
Plan I-T-0502.
vi.
A maximum lot coverage of 38% is permitted for lot 31 of draft approved
Plan I-T-0502.
8.1.20
Exception Number: RL1-20
Applicable Parent Precinct: RL1
By-law (reference) 82-14
8.1.20.1 Precinct Regulations
a) Notwithstanding Table 5.4 the following provisions shall apply
i.
The maximum lot coverage shall be 38%.
ii.
A maximum building height of 9.0m is permitted.
8.1.21
Exception Number: RL1-21
Applicable Parent Precinct: RL1
By-law (reference) 084-14
8.1.21.1 Precinct Regulations
a) Notwithstanding Table 5.4 the following provisions shall apply
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i.
A minimum rear yard setback of 6.0m is permitted.
ii.
A maximum building height of 11.0m is permitted.
8.1.22
Exception Number: RL1-22
Applicable Parent Precinct: RL1
By-law (reference) 062-08
8.1.22.1 Precinct Regulations
a) Notwithstanding Table 5.4 the following provisions shall apply
i.
A maximum building height of 11.0m is permitted.
ii.
The minimum exterior side yard for Accessory Uses, Buildings and
Structures shall be 4.2m.
iii.
A minimum rear yard of 6.0m is permitted.
8.1.23
Exception Number: RL1-23
Applicable Parent Precinct: RL1
By-law (reference) 080-13
8.1.23.1 Precinct Regulations
a)
Notwithstanding Table 5.4 the following provisions shall apply
i) A maximum building height of 11.0m is permitted.
ii) A minimum rear yard of 6.0m is permitted.
8.2
Site-Specific Exceptions for Residential Low Density 2 (RL2) Precincts
8.2.1
Exception Number: RL2-1
Applicable Parent Precinct: RL2
By-law (reference) 012-07
8.2.1.1 Precinct Regulations
a) Notwithstanding Table 5.5 the minimum lot frontage for semi-detached dwellings
and linked dwellings shall be 9.5m.
8.2.2
Exception Number: RL2-2
Applicable Parent Precinct: RL2
By-law (reference) 040-03
8.2.2.1 Precinct Regulations
a) Notwithstanding Table 5.5 the following provisions apply
i) The minimum lot area for an interior lot shall be 370.0m2.
ii) The minimum lot area for an exterior lot shall be 460.0m2.
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8.2.3
Exception Number: RL2-3
Applicable Parent Precinct: RL2
By-law (reference) 040-03
8.2.3.1 Other
a) Notwithstanding Table 5.5 no buildings or accessory structures shall be located
within 30.0m from the nearest property line of the railway.
8.2.4
Exception Number: RL2-4
Applicable Parent Precinct: RL2
By-law (reference) 080-13
8.2.4.1 Other
a) Notwithstanding Table 5.5 no buildings or accessory structures shall be located
within 30.0m from the nearest property line of the railway.
8.2.5
Exception Number: RL2-5
Applicable Parent Precinct: RL2
By-law (reference): 128-15
8.2.5.1 Precinct Regulations
a) Notwithstanding Table 5.5 the following provisions shall apply
i.
The minimum lot frontage shall be 13.5m.
ii.
The minimum lot area shall be 475.0m2.
iii.
The minimum front yard setback shall be 6.0m.
iv.
The maximum lot coverage for a 1 storey or 1.5 storey dwelling shall be
45%. The maximum lot coverage for a 2 storey dwelling shall be 40%
(By-law 099-16).
v.
Where the grade change from the front main wall to the rear main wall of a
building exceeds 1.0m, the maximum permitted height of a single-
detached dwelling shall be 10.0m above established grade.
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8.2.6
Exception Number: RL2-6
Applicable Parent Precinct: RL2
By-law (reference) 128-15
8.2.6.1 Precinct Regulations
a) Notwithstanding Table 5.5, where the grade change from the front main wall to the
rear main wall of a building exceeds 1.0m, the maximum permitted height of a
single-detached dwelling shall be 10.0m above established grade.
8.2.7
Exception Number: RL2-7
Applicable Parent Precinct: RL2
By-law (reference) 128-15
8.2.7.1 Precinct Regulations
a) Notwithstanding Table 5.5, where the grade change from the front main wall to the
rear main wall of a building exceeds 1.0m, the maximum permitted height of a
single-detached dwelling shall be 10.0m above established grade.
8.2.8
Exception Number: RL2-8
Applicable Parent Precinct: RL2
By-law (reference) 128-15
8.2.8.1 Other
a) Notwithstanding any other provisions of this By-law, the maximum width for a private
garage shall be 5.65m.
8.2.9
Exception Number: RL2-9
Applicable Parent Precinct: RL2
By-law (reference) 128-15
8.2.9.1 Other
a) Notwithstanding any other provisions of this By-law, the maximum width for a private
garage shall be 5.65m.
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8.2.10
Exception Number: RL2-10
Applicable Parent Precinct: RL2
By-law (reference) 075-14
8.2.10.1 Permitted Uses
a) Notwithstanding any other provisions of this By-law, the following regulations shall
apply to Live-Work Units:
i.
The business establishment shall be restricted to the first story.
ii.
The business establishment may employ one or more persons residing within the
associated household, and no more than three additional employees.
8.2.10.2 Precinct Regulations
a) Notwithstanding Table 5.5 the following provisions shall apply
i)
The minimum rear yard setback for garages attached to a principal building shall
be 6.0m.
ii)
The maximum side yard projection for a deck attached to a residential use shall
be the permitted interior or exterior side yard setback of the Principal Use of the
RL2 precinct .
8.2.11
Exception Number: RL2-11
Applicable Parent Precinct: RL2
By-law (reference) 128-15
8.2.11.1 Permitted Uses
a) Notwithstanding Table 5.2 up to 9 model homes or demonstration units are
permitted.
8.2.11.2 Other
a) Notwithstanding any other provisions of this By-law, for lots with frontages less than
12.0m, the maximum interior width for a private garage shall be 5.65m.
8.2.12
Exception Number: RL2-12
Applicable Parent Precinct: RL2
By-law (reference) 075-14
8.2.12.1 Precinct Regulations
a) Notwithstanding Table 7.3 the minimum lot frontage shall be 10.0m.
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8.2.13
Exception Number: RL2-13
Applicable Parent Precinct: RL2
By-law (reference) 092-15
8.2.13.1 Permitted Uses
a) Notwithstanding any other provision of this By-law the only permitted uses shall include
i.
Conservation Use
ii.
Outdoor Recreation use
iii.
Park
iv.
Passive Recreation
v.
Public Uses
vi.
Stormwater Management Pond
8.2.14
Exception Number: RL2-14
Applicable Parent Precinct: RL2
By-law (reference) 092-15
8.2.14.1 Precinct Regulations
a) Notwithstanding Table 5.5 the following provisions shall apply
i.
The minimum lot frontage shall be 14.0m for an exterior lot.
ii.
A minimum rear yard setback of 6.0m is permitted.
iii.
A maximum building height of11.0m is permitted.
8.2.15
Exception Number: RL2-15
Applicable Parent Precinct: RL2
By-law (reference) 114-15
8.2.15.1 Precinct Regulations
a)
Notwithstanding Table 5.5 the following provisions shall apply
i) A maximum building height of 11.0m is permitted.
ii) A minimum rear yard of 6.0m is permitted.
8.2.15.2 Other
a) Notwithstanding any other provisions of this By-law to the contrary, there shall be no
minimum required landscaped open space in the front yard or exterior side yard.
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8.2.16
Exception Number: RL2-16
Applicable Parent Precinct: RL2
By-law (reference) 114-15
8.2.16.1 Precinct Regulations
a) Notwithstanding Table 5.5 the following provisions shall apply
i.
The minimum lot area shall be 530.0m2 for an interior lot.
ii.
A maximum building height of 11.0m is permitted.
8.2.16.2 Other
a) Notwithstanding any other provisions of this By-law to the contrary, there shall be no
minimum required landscaped open space in the front yard or exterior side yard.
8.2.17
Exception Number: RL2-17
Applicable Parent Precinct: RL2
By-law (reference) 046-07
8.2.17.1 Permitted Uses
a) Notwithstanding Table 5.2 the only permitted uses shall include single detached
dwellings and accessory uses, buildings and structures
8.2.17.2 Precinct Regulations
a) Notwithstanding Table 5.5 the following regulations shall apply
i.
The minimum lot frontage shall be10.0m per unit.
ii.
The minimum lot area shall be 330.0m2.
8.2.18
Exception Number: RL2-18
Applicable Parent Precinct: RL2
By-law (reference) 114-15
8.2.18.1 Permitted Uses
a) Notwithstanding Table 5.2 a Duplex Dwelling shall not be a permitted use.
8.2.18.2 Precinct Regulations
a) Notwithstanding Table 5.5 the following provisions shall apply
i.
The minimum lot area shall be 280.0m2 for an exterior lot.
ii.
The minimum lot frontage shall be 10.0m for an exterior lot.
iii.
A minimum rear yard setback of 6.0m is permitted.
iv.
A maximum building height of 11.0m is permitted.
8.2.18.3 Other
a) Notwithstanding any other provisions of this By-law to the contrary, there shall be no
minimum required landscaped open space in the front yard or exterior side yard.
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8.2.19
Exception Number: RL2-19
Applicable Parent Precinct: RL2
By-law (reference) 114-15
8.2.19.1 Permitted Uses
a) Notwithstanding Table 5.2 a Duplex Dwelling shall not be a permitted use
8.2.19.2 Precinct Regulations
a) Notwithstanding Table 5.5 the following regulations shall apply:
i.
Minimum Lot Area (interior lot): 230 m2
ii.
Minimum Lot Area (exterior lot): 280 m2
iii.
Minimum Lot Frontage (interior lot): 7.5 m
iv.
Minimum Lot Frontage (exterior lot): 10 m
v.
Minimum Rear Yard: 6 m
vi.
Maximum Building Height: 11 m
8.2.20
Exception Number: RL2-20
Applicable Parent Precinct: RL2
By-law (reference) 062-08
8.2.20.1 Precinct Regulations
a) Notwithstanding Table 5.5 the following regulations shall apply:
i.
Minimum Lot Area (interior lot): 320 m2
ii.
Minimum Lot Area (exterior lot): 420 m2
iii.
Minimum Lot Frontage (interior lot): 9.75 m
iv.
Minimum Lot Frontage (exterior lot): 12.75 m
v.
Minimum Interior Side Yard: 1.2m on one side and 0.6m on the other side for an
attached garage
vi.
Minimum Rear Yard: 6.0m
8.2.21
Exception Number: RL2-21
Applicable Parent Precinct: RL2
By-law (reference) 114-15
8.2.21.1 Precinct Regulations
a) Notwithstanding Table 5.5 the following regulations shall apply to Townhouse
Dwellings:
i.
Maximum Lot Coverage: 55%
ii.
Maximum Building Height: 12m
8.2.21.2 Other
a) Notwithstanding any other provisions of this by-law to the contrary, there shall be no
minimum required landscaped open space in the front yard or exterior side yard.
b) Where a rear yard abuts or flanks a noise berm, the noise berm shall not be considered
part of the required minimum rear yard and shall be in addition to the required minimum
rear yard. The minimum rear yard setback to the toe of a noise berm shall be 6.0m.
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8.2.22
Exception Number: RL2-22
Applicable Parent Precinct: RL1, RL2
By-law (reference) 011-01
8.2.22.1 Permitted Uses
a) Notwithstanding Table 5.4 and 5.6 the minimum front yard setback shall be 6.0m.
8.3
Site-Specific Exceptions for Residential Medium Density (RM) Precincts
8.3.1
Exception Number: RM-1(H)
Applicable Parent Precinct: RM
By-law (reference) 050-25
8.3.1.1 Precinct Regulations
a) Notwithstanding any other provisions of this By-law, the following provisions shall
apply to Block H and I in addition to the RM Precinct regulations (Rear Lane Stacked
Back-to-Back Townhouse Blocks H & I):
i.
Minimum Lot Area: 1,530m2 per block
ii.
Minimum Lot Frontage (Exterior Lot): 8.6m
iii.
Minimum Interior Side Yard (end of block): 0.9m
iv.
Minimum Exterior Side Yard: 2.0m
v.
Maximum Lot Coverage: 60% per block
vi.
Minimum Landscaped Open Space: 20% per block
8.3.1.2 Other
a) The Front Lot Line shall be Webster Boulevard
b) The maximum number of Rear Lane Stacked Back-to-Back Townhouse Dwelling units
for the northernmost block (Block 'I') on lands within the RM-1(H) Precinct shall be 18
dwelling units.
c) For the purposes of zoning, the internal roadway shall be classified as a municipal
street.
d) The definition of a Dwelling, Townhouse means a residential dwelling unit attached
to other units by a common sidewall or rear wall where the number of attached units
is no less than three and no more than eight for street townhouse dwellings, no more
than 18 for rear lane stacked back-to-back townhouse dwellings and no more than
14 for back-to-back townhouse dwellings. Where townhouse dwelling is generally
referenced in this by-law, it shall include all other types of townhouse dwellings
defined herein, including block/cluster townhouse dwellings, stacked townhouse
dwellings, stacked back-to-back townhouse dwellings, back-to-back townhouse
dwellings, rear lane stacked back-to-back townhouse dwellings and street
townhouse dwellings, unless the type of townhouse dwelling is specifically
indicated.
8.3.2
Exception Number: RM-2
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Applicable Parent Precinct: RM
By-law (reference) 095-15
8.3.2.1 Permitted Uses
a) Notwithstanding Table 5.2 a single detached dwelling is a permitted use.
8.3.3
Exception Number: RM-3
Applicable Parent Precinct: RM
By-law (reference) 080-13
8.3.3.1 Precinct Regulations
a) Notwithstanding Table 5.6 the following provisions shall apply
i)
A minimum front yard setback of 3.0m is required.
ii)
A minimum rear yard setback of 6.0m is required.
8.3.3.2 Other
a) All dwellings abutting the 7th shall have a front door, porch, and windows facing the
7th line.
b) No direct vehicle access of dwelling units on the 7th line.
8.3.4
Exception Number: RM-4
Applicable Parent Precinct: RM
By-law (reference) 071-07
8.3.4.1 Precinct Regulations
a) Notwithstanding Table 5.6 the following provisions shall apply:
i)
A minimum front yard setback of 3.0m is required.
ii)
A minimum rear yard setback of 6.0m is required.
8.3.4.2 Other
a) All dwellings abutting the 7th shall have a front door, porch, and windows facing the
7th line.
b) All dwellings abutting Fox Hill Street shall have a front door, porch, and windows
facing Fox Hill Street.
c) No direct vehicle access of dwelling units to Fox Hill Street or 7th Line.
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8.3.5
Exception Number: RM-5
Applicable Parent Precinct: RM
By-law (reference) 071-07
8.3.5.1 Precinct Regulations
a) Notwithstanding Table 5.6 the following provisions shall apply
i)
A minimum front yard setback of 3.0m is required.
ii)
The minimum interior side yard shall be 0.0m.
iii)
A minimum rear yard setback of 3.0m is required.
8.3.5.2 Other
a) Fox Hill Street shall be deemed as the front lot line.
b) No direct vehicle access of dwelling units on Fox Hill Street or 7th Line.
8.3.6
Exception Number: RM-6
Applicable Parent Precinct: RM
By-law (reference) 040-03
8.3.6.1 Precinct Regulations
a) Notwithstanding Table 5.6 the following provisions shall apply
i)
A minimum lot area of 225.0 m2 is permitted for an interior lot at the
end of a block
ii)
A minimum lot frontage of 7.5m is permitted for an interior lot at the
end of a block.
iii)
The minimum interior side yard shall be 1.5m and 0.0m where a
building has a common wall with any building on an adjacent lot.
8.3.7
Exception Number: RM-7
Applicable Parent Precinct: RM
By-law (reference) 128-15
8.3.7.1 Other
a) Notwithstanding any other provisions of this By-law, the maximum width for a private
garage shall be 5.65m.
8.3.8
Exception Number: RM-8
Applicable Parent Precinct: RM
By-law (reference) 128-15
8.3.8.1 Other
a) Notwithstanding any other provisions of this By-law, the maximum width for a private
garage shall be 5.65m.
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8.3.9
Exception Number: RM-9
Applicable Parent Precinct: RM
By-law (reference) 128-15
8.3.9.1 Precinct Regulations
a) Notwithstanding Table 5.6, the maximum side yard projection for a deck attached to a
residential use shall be the permitted interior or exterior side yard setback of the
Principal Use.
8.3.10
Exception Number: RM-10
Applicable Parent Precinct: RM
By-law (reference) 128-15
8.3.10.1 Precinct Regulations
a) Notwithstanding Table 5.6, the maximum side yard projection for a deck attached to a
residential use shall be the permitted interior or exterior side yard setback of the
Principal Use.
8.3.11
Exception Number: RM-11
Applicable Parent Precinct: RM
By-law (reference) 128-15
8.3.11.1 Permitted Uses
a) Notwithstanding any other provisions of this By-law, the following regulations shall
apply to home occupations
i.
Uses associated with a permitted home occupation shall not occupy more than
33% of the gross floor area of the dwelling unit containing the home occupation
or 132.0m2, whichever is lesser.
ii.
A maximum of two (2) employees who do not reside in the dwelling unit containing
the home occupation may be employed in the home occupation.
8.3.11.2 Precinct Regulations
a) Notwithstanding Table 5.6 the following provisions shall apply
i)
The minimum rear yard setback for garages attached to a principal building shall
be 6.0m.
ii)
The maximum side yard projection for a deck attached to a residential use shall
be the permitted interior or exterior side yard setback of the Principal Use.
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8.3.12
Exception Number: RM-12
Applicable Parent Precinct: RM
By-law (reference) 128-15
8.3.12.1 Permitted Uses
a) Notwithstanding any other provisions of this By-law, the following regulations shall
apply to home occupation:
i.
Uses associated with a permitted home occupation shall not occupy more than
33% of the gross floor area of the dwelling unit containing the home occupation
or 132.0m2, whichever is lesser.
ii.
A maximum of two (2) employees who do not reside in the dwelling unit containing
the home occupation may be employed in the home occupation.
8.3.12.2 Precinct Regulations
a) Notwithstanding Table 5.6 the following provisions shall apply
i)
The minimum rear yard setback for garages attached to a principal building shall
be 6.0m.
ii)
The maximum side yard projection for a deck attached to a residential use shall
be the permitted interior or exterior side yard setback of the Principal Use.
8.3.13
Exception Number: RM-13
Applicable Parent Precinct: RM
By-law (reference) 166-12
8.3.13.1 Precinct Regulations
a) Notwithstanding table 5.6 the following provisions shall apply
i)
A minimum landscaped area of 20% is required (applied to the site and / or lot
in its entirety).
ii)
A maximum building height of 12.0m is permitted for apartment dwellings
and triplex.
iii)
Accessory buildings and structures shall have a minimum 1.0m setback
from the interior side yard for uses with apartment dwellings.
iv)
The maximum number of dwelling units shall be 25.
8.3.14
Exception Number: RM-14
Applicable Parent Precinct: RM
By-law (reference) 098-16
8.3.14.1 Permitted Uses
a. Notwithstanding Table 5.2 the only permitted uses shall include:
i.
Townhouse Dwelling
ii.
Apartment Dwelling
iii.
Long Term Care or Nursing Home
iv.
Retirement Home
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v.
Accessory uses associated with a Long Term Care Home or Nursing Home
or Retirement Home including but not limited to an adult daycare facility,
medical or health clinic and accessory commercial uses, including a beauty
salon, barber shop and tuck shop. The accessory commercial uses shall be
limited to use by the residents, their guests, and employees only and shall not be
open to the general public.
8.3.14.2 Precinct Regulations
a) Notwithstanding Table 5.6 the following provisions shall apply to Townhouse Dwellings
i.
The minimum lot area for an interior lot shall be 150.0m2 or 210.0m2 at the
end of a block.
ii.
The minimum lot area for an exterior lot shall be 267.0m2.
iii.
The minimum lot frontage shall be 5.0m per unit for an interior lot and 9.5m per
unit for an exterior lot.
iv.
Minimum Building Frontage: N/A
v.
A minimum front yard setback of 3.0m is permitted.
vi.
The minimum interior side yard shall be 1.2m on one side and 0.6m on the
other.
vii.
A minimum exterior side yard of 2.4m is permitted.
viii.
A minimum rear yard of 6.0m is permitted.
ix.
Maximum Lot Coverage: N/A
x.
The minimum building height shall be 7.5m.
xi.
A maximum building height of 12.0m is permitted subject to a 45-degree
angular plane.
xii.
The minimum landscaped open space shall be 35%.
xiii.
The minimum width of landscaped strip at front and exterior side lot lines shall
be 2.4m.
xiv.
The minimum width of landscaped strip at rear lot line shall be 1.5m.
xv.
The minimum width of landscaping adjacent to the interior lot lines shall be 1.2m.
xvi.
The minimum amenity space at grade common open space must be provided at
6.0m2 per unit.
xvii.
The maximum density shall be 52 units per net residential hectare.
xviii.
The maximum garage width shall be 3.0m on lots less than 8.0m and 6.0m on
lots equal to or greater than 8.0m.
xix.
The minimum floor area for a residential dwelling unit shall be 47.0m2.
b) Notwithstanding Table 5.6 the following provisions shall apply to Apartment Dwellings
i.
The minimum lot area shall be 500.0m2.
ii.
A minimum lot frontage of 150.m is permitted.
iii.
Minimum Building Frontage: N/A
iv.
A minimum front yard setback of 1.0m is permitted.
v.
The maximum front yard setback shall be 4.0m.
vi.
A minimum interior side yard of 0.0m is permitted.
vii.
A minimum exterior side yard of 2.4m is permitted.
viii.
Maximum Lot Coverage: N/A
ix.
The minimum building height shall be 7.5m.
x.
A maximum building height of 14.0m is permitted subject to a 45-degree
angular plane.
xi.
The minimum width of landscaped strip at front and exterior side lot lines shall
be the same as front yard setback.
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xii.
The minimum width of landscaped strip at rear lot line shall be 3.0m if the rear
lot line abuts a Residential Precinct or 1.5m if the rear lot line abuts an Open
Space or Environmental Protection Precinct.
xiii.
The minimum width of landscaping adjacent to the interior lot lines shall be
0.0m.
xiv.
The minimum amenity space shall be 4.0m2 per residential unit.
xv.
Maximum Density: N/A
xvi.
Maximum Garage Width: N/A
xvii.
The minimum floor area for a residential dwelling unit shall be 47.0m2.
c) Notwithstanding Table 5.6 the following regulations shall apply to Long Term Care or
Nursing Home and Retirement Homes:
i.
The minimum lot area shall be 2000.0m2.
ii.
The minimum lot frontage shall be 15.0m.
iii.
Minimum Building Frontage: N/A
iv.
A minimum front yard setback of 1.0m is permitted.
v.
The maximum front yard setback shall be 4.0m.
vi.
A minimum interior side yard of 0.0m is permitted.
vii.
A minimum exterior side yard of 2.4m is permitted.
viii.
Maximum Lot Coverage: N/A
ix.
The minimum building height shall be 7.5m.
x.
A maximum building height 15.0m is permitted subject to a 45-degree angular
plane.
xi.
A minimum landscaped open space of 20% is permitted.
xii.
The minimum width of landscaped strip at front and exterior side lot lines shall
be 0.0m.
xiii.
The minimum width of landscaped strip at rear lot line shall be 3.0m if the rear
lot line abuts a Residential Precinct or 1.5m if the rear lot line abuts an Open
Space or Environmental Protection Precinct.
xiv.
The minimum width of landscaping adjacent to the interior lot lines shall be
0.0m.
xv.
The minimum amenity space shall be 4.0m2 per residential unit.
xvi.
Maximum Density: N/A
xvii.
Maximum Garage Width: N/A
xviii.
The minimum floor area for a residential dwelling unit shall be 47.0m2.
8.3.14.3 Other
a) Consolidated at grade common open space shall be provided in addition to the required per
unit rear yard area for cluster/block, street and stacked townhouses
b) Amenity space for Apartment Dwellings, Long Term Care Home or Nursing Home and
Retirement Home shall be provided at a minimum rate of 4.0m2 per unit, of which a
minimum of 2.0m2 per unit shall be indoor amenity space; a minimum of 40.0m2 shall be
outdoor amenity space in a location adjoining or directly accessible to the indoor amenity
space
8.3.15
Exception Number: RM-15
Applicable Parent Precinct: RM
By-law (reference) 092-15
8.3.15.1 Permitted Uses
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a. Notwithstanding any other provision of this By-law the only permitted uses shall include:
i.
Conservation Use
ii.
Outdoor Recreation use
iii.
Park
iv.
Passive Recreation
v.
Public Uses
vi.
Stormwater Management Pond
8.3.16
Exception Number: RM-16
Applicable Parent Precinct: RM
By-law (reference) 092-15
8.3.16.1 Permitted Uses
a) Notwithstanding Table 5.2 the following uses shall be permitted:
i.
Apartment Dwelling
ii.
Long Term Care Home or Nursing Home
iii.
Retirement Home
8.3.16.2 Precinct Regulations
a) Notwithstanding Table 5.6 the following regulations shall apply:
i.
Maximum Density: 40 units per hectare
ii.
Minimum Lot Frontage: 30m
iii.
Minimum Interior Side Yard: 1.2m
iv.
Maximum Building Height: 12m
8.3.16.3 Parking
a) Notwithstanding any other provision of this By-law, the minimum parking requirement shall
be 1 parking space per dwelling unit, of which 0.25 parking spaces shall be designated
as visitor parking spaces
8.3.16.4 Other
Notwithstanding any other provision of this By-law, a sales pavilion may be permitted, in
compliance with the applicable terms and conditions of the sales pavilion agreement.
8.3.17
Exception Number: RM-17
Applicable Parent Precinct: RM
By-law (reference) 071-19
8.3.17.1 Precinct Regulations
a) Notwithstanding Table 5.6 the following regulations shall apply to Townhouse Dwellings:
i.
Minimum Lot Area (interior lot): 117 m2.
ii.
Minimum Lot Area (end unit): 149 m2
iii.
Minimum Lot Area (exterior lot): 240 m2
iv.
Minimum Lot Frontage (interior lot): 5.99m
v.
Minimum Front Yard: 4 m
vi.
Minimum Rear Yard: 1.5 m
vii.
Minimum Exterior Side Yard: 1.9m
viii.
Minimum Landscaped Open Space (interior unit): 13%
ix.
Maximum Lot Coverage: 76%
x.
Maximum Building Height: 11.85m
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8.3.17.2 Parking
a) Notwithstanding any other provision of this By-law, the minimum width of parking spaces
located on Townhouse driveways shall be 2.99m
8.3.17.3 Other
a) For the purposes of this By-law, the internal roadway shall be classified as a municipal
street, and the front lot line shall be considered the lot line abutting Corm Street.
8.3.18
Exception Number: RM-18
Applicable Parent Precinct: RM
By-law (reference) 071-19
8.3.18.1 Permitted Uses
a) Notwithstanding any other provision of this By-law, Back-to-Back Townhouse Dwelling
shall be a permitted use
8.3.18.2 Precinct Regulations
a) Notwithstanding Table 5.6 the following regulations shall apply to Townhouse Dwellings:
i.
Minimum Lot Area (interior lot): 96 m2
ii.
Minimum Lot Area (end unit): 118 m2
iii.
Minimum Lot Area (exterior lot): 130 m2
iv.
Minimum Lot Frontage (interior lot): 5.99m
v.
Minimum Front Yard: 4 m
vi.
Minimum Rear Yard: 0 m
vii.
Minimum Exterior Side Yard: 1.8m
viii.
Minimum Landscaped Open Space (interior unit): 6.1%
ix.
Minimum Landscaped Open Space (end unit) 28%
x.
Minimum Landscaped Open Space in the front yard: 30%
xi.
Maximum Lot Coverage: 72%
xii.
Maximum Building Height: 11.65m
8.3.18.3 Parking
a) Notwithstanding any other provision of this By-law, the minimum width of parking spaces
located on townhouse driveways shall be 2.99 metres and any parking space or visitor
parking space not located on a driveway shall be a minimum width of 3.0 metres.
8.3.18.4 Other
a) For the purposes of this By-law, the internal roadway shall be classified as a municipal
street.
8.3.19
Exception Number: RM-19
Applicable Parent Precinct: RM
By-law (reference) 071-19
8.3.19.1 Precinct Regulations
a) Notwithstanding Table 5.6 the following regulations shall apply to Townhouse Dwellings:
i.
Minimum Lot Area (interior lot): 160 m2
ii.
Minimum Lot Area (end unit): 205 m2
iii.
Minimum Lot Frontage (interior lot): 5.99m
iv.
Minimum Front Yard: 4 m
v.
Minimum Rear Yard: 7 m
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vi.
Minimum Landscaped Open Space (interior unit): 29.51%
vii.
Minimum Landscaped Open Space in the front yard: 21%
viii.
Maximum Lot Coverage: 60%
ix.
Maximum Building Height: 11.6m
8.3.19.2 Parking
a) Notwithstanding any other provision of this By-law, the minimum width of parking
spaces located on townhouse driveways shall be 2.99 metres and any parking space
or visitor parking space not located on a driveway shall be a minimum width of 3.0
metres.
8.3.19.3 Other
a) For the purposes of this By-law, the internal roadway shall be classified as a municipal road
b) The maximum number of attached Townhouse units for the easternmost block of
townhouses shall be 10 dwelling units.
8.3.20
Exception Number: RM-20
Applicable Parent Precinct: RM
By-law (reference) 062-08
8.3.20.1 Precinct Regulations
a) Notwithstanding Table 5.6 the following regulations shall apply to Townhouse Dwellings:
i.
Minimum Lot Area (interior lot): 225m2
ii.
Minimum Lot Frontage (interior lot): 7.5m
iii.
Maximum Lot Coverage: 55%
8.3.20.2 Other
a) Sheds or decks less than 20m2 in area shall not be included in the calculation of Lot
Coverage
b) Maximum number of dwelling units in a block: 9 units
8.3.21
Exception Number: RM-21
Applicable Parent Precinct: RM
By-law (reference) 062-08
8.3.21.1 Precinct Regulations
a) Notwithstanding Table 5.6 the following regulations shall apply to Townhouse Dwellings:
i.
Minimum Lot Area (interior end lot): 225m2
ii.
Minimum Lot Frontage (interior end lot): 7.5m
iii.
Maximum Lot Coverage: 55%
iv.
Minimum setback to east property limit: 10m
8.3.21.2 Other
a) Landscaping strip shall be required along the rear lot line
8.3.22
Exception Number: RM-22
Applicable Parent Precinct: RM
By-law (reference) 075-14
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8.2.10.1 Permitted Uses
b) Notwithstanding any other provisions of this By-law, the following regulations shall
apply to Live-Work Units:
iii.
The business establishment shall be restricted to the first story.
iv.
The business establishment may employ one or more persons residing within the
associated household, and no more than three additional employees.
8.2.10.2 Precinct Regulations
b) Notwithstanding Table 5.6the following provisions shall apply
iii)
The minimum rear yard setback for garages attached to a principal building shall
be 6.0m.
iv)
The maximum side yard projection for a deck attached to a residential use shall
be the permitted interior or exterior side yard setback of the Principal Use of the
RM precinct.
8.3.24
Exception Number: RM-24(H)
Applicable Parent Precinct: RM
By-law (reference) 050-25
8.3.24.1 Precinct Regulations
a) Notwithstanding any other provisions of this By-law, the following provisions shall
apply in addition to the RM Precinct Regulations (Back-to-Back Townhouse Blocks G
& F)
i.
Minimum Lot Area (Interior Lot): 91.0m2 or 113.0m2 at the end of a block
ii.
Minimum Lot Area (Exterior Lot): 113.0m2
iii.
Minimum Lot Frontage (Interior Lot): 5.9m
iv.
Minimum Lot Frontage (Exterior Lot): 7.0m
v.
Minimum Exterior Side Yard: 1.2m
vi.
Minimum Rear Yard: 0.0m
vii.
Maximum Lot Coverage: 66%
viii.
Minimum Landscaped Open Space: 21%
8.3.24.2 Other
a) For the purposes of this By-law, the internal roadway shall be classified as a municipal
street.
b) The definition of a Dwelling, Townhouse means a residential dwelling unit attached
to other units by a common sidewall or rear wall where the number of attached units
is no less than three and no more than eight for street townhouse dwellings, no more
than 18 for rear lane stacked back-to-back townhouse dwellings and no more than
14 for back-to-back townhouse dwellings. Where townhouse dwelling is generally
referenced in this by-law, it shall include all other types of townhouse dwellings
defined herein, including block/cluster townhouse dwellings, stacked townhouse
dwellings, stacked back-to-back townhouse dwellings, back-to-back townhouse
dwellings, rear lane stacked back-to-back townhouse dwellings and street
townhouse dwellings, unless the type of townhouse dwelling is specifically
indicated.
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8.3.25
Exception Number: RM-25(H)
Applicable Parent Precinct: RM
By-law (reference) 050-25
8.3.25.1 Precinct Regulations
a) Notwithstanding any other provision of this By-law, the following provisions shall apply
in addition to the RM precinct regulations (Street Townhouse Blocks A, B, C, D, E):
i.
Minimum Lot Area (Interior Lot): 132m2 or 164m2 at the end of a block
ii.
Minimum Lot Frontage (Interior Lot): 5.5m
iii.
Minimum Lot Frontage (Exterior Lot): 8.5m
iv.
Maximum Lot Coverage: 58%
v.
Minimum Landscaped Open Space in Front and Exterior Side Yards: 38%
8.3.25.2 Other
a) For the purposes of this By-law, the internal roadway shall be classified as a municipal
street.
b) The definition of a Dwelling, Townhouse means a residential dwelling unit attached
to other units by a common sidewall or rear wall where the number of attached units
is no less than three and no more than eight for street townhouse dwellings, no more
than 18 for rear lane stacked back-to-back townhouse dwellings and no more than
14 for back-to-back townhouse dwellings. Where townhouse dwelling is generally
referenced in this by-law, it shall include all other types of townhouse dwellings
defined herein, including block/cluster townhouse dwellings, stacked townhouse
dwellings, stacked back-to-back townhouse dwellings, back-to-back townhouse
dwellings, rear lane stacked back-to-back townhouse dwellings and street
townhouse dwellings, unless the type of townhouse dwelling is specifically
indicated.
8.4
Site-Specific Exceptions for Shoreline Residential (SR) Precincts
8.4.1
Exception Number: SR-1
Applicable Parent Precinct: SR
By-law (reference) 051-24
8.4.1.1 Precinct Regulations
a) Notwithstanding applicable regulations in Tables 5.7, 5.8, 5.9, 5.10, 5.11, 5.12, 5.13,
and/or 5.14, the following regulations apply:
i)
Maximum Lot Coverage for Detached Accessory Structures (Collectively)
295.5m2
ii)
Maximum Permanent Cumulative Dock Area 149m2
iii)
Maximum Number of Boatports/Boathouses: 2 per lot
iv)
Maximum In-Water Boatport Projection into Lake Simcoe 23.77m
8.4.2
Exception Number: SR-2
Applicable Parent Precinct: SR
By-law (reference) 062-24
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8.4.2.1 Precinct Regulations
a) Notwithstanding applicable regulations in Table 5.10, one (1) on-land boatport shall
be permitted on the subject lands located at 740 Bayview Avenue. The boatport shall
be subject to all provisions for an on-land boatport except for the following provisions:
i)
Maximum height: 3.26m
ii)
Maximum width: 4.88m
iii)
Maximum length: 9.15m
iv)
Minimum West Interior Side Yard Setback to the boatport roof structure
(inclusive of eaves): 0.3m (southwest corner of boatport)
v)
Minimum West Interior Side Yard Setback to the boatport roof structure
(inclusive of eaves): 0.19m (midpoint of boatport at lot line of unopened shore
road allowance)
vi)
Minimum West Interior Side Yard Setback to the boatport roof structure
(inclusive of eaves): 0.09m (northwest corner of boatport)
b) The west interior side yard setbacks of the boatport shall be measured from the west
interior side lot line to the closest point of the boatport roof structure and shall be
inclusive of the eaves. It is recognized that the existing concrete foundation, to which
the boatport roof structure will be attached, is located closer to the west interior side
yard than the minimum setbacks identified to the boatport roof structure.
8.4.3
Exception Number: SR-3
Applicable Parent Precinct: SR
By-law (reference) 089-23
8.4.3.1 Precinct Regulations
a) Notwithstanding applicable regulations in Table 5.10, the following regulations apply:
i)
Maximum In Water Boatport Projection 30.328m
ii)
Minimum In Water Boatport East Interior Side Yard Setback 22m
8.4.4
Exception Number: SR-4
Applicable Parent Precinct: SR
By-law (reference) 090-23
8.4.4.1 Precinct Regulations
a) Notwithstanding applicable regulations in Tables 5.7, 5.8, 5.9, 5.10, 5.11, 5.12, 5.13,
and/or 5.14, the following regulations apply:
i)
Maximum Dock Area: 134.15m2;
ii)
Maximum In Water Boathouse Height: 8.52m;
iii)
Maximum In Water Boathouse Length: 15.6m;
iv)
Maximum In Water Boathouse Width: 15.3m;
v)
Maximum In Water Boathouse Projection: 18.9m;
vi)
Minimum In Water Boathouse East Interior Side Yard Setback: 11.08m.
8.4.5
Exception Number: SR-5
Applicable Parent Precinct: SR
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By-law (reference) 089-24
8.4.5.1 Precinct Regulations
a) Notwithstanding applicable regulations in Tables 5.7, 5.8, 5.9, 5.10, 5.11, 5.12, 5.13,
and/or 5.14, the following regulations apply:
i)
Minimum North Interior Side Yard Setback (Dwelling): 1.23m
ii)
Minimum South Interior Side Yard Setback (Dwelling): 1.22m
iii)
Maximum Permitted Ground Floor Area Increase of Existing Legal Non-
Complying Dwelling: 198%
8.4.6
Exception Number: SR-6
Applicable Parent Precinct: SR
By-law (reference) 062-17
8.4.6.1 Precinct Regulations
Notwithstanding Table 5.11, a total of up to 6 seasonal water structures are
permitted.
8.4.7
Exception Number: SR-7
Applicable Parent Precinct: SR
By-law (reference) 075-14
8.4.7.1 Precinct Regulations
a) Notwithstanding Table 5.7 the minimum lot frontage shall be 10.0m.
8.4.8
Exception Number: SR-8
Applicable Parent Precinct: SR
By-law (reference) 48-94
8.4.8.1 Permitted Uses
a) Notwithstanding Table 5.3 Tourist cabins shall also be permitted.
8.5
Site-Specific Exceptions for Mixed Use (MU) Precincts
8.5.1
Exception Number: MU-1
Applicable Parent Precinct: MU
By-law (reference) 080-13
8.5.1.1 Permitted Uses
a) In addition to the permitted uses of the MU precinct, a lumber storage shed is a
permitted use.
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8.5.1.2 Parking
a) Notwithstanding any other provision of this By-law, parking shall be a minimum of 116
spaces.
8.5.2
Exception Number: MU-2
Applicable Parent Precinct: MU
By-law (reference) 104-20
8.5.2.1 Permitted Uses
a) Notwithstanding any other provision of this By-law, taxi stand or dispatch office
and service and repair establishment shall not be permitted.
8.5.2.2 Precinct Regulations
a) Notwithstanding any other provision of this By-law the following provisions apply:
i)
Outdoor Rooftop Patios are permitted and must be set back at least 30.0m
from any residential precinct.
ii) The interior side yard setback shall be a minimum of 6.0m where the interior
side yard abuts a residential precinct.
iii) The rear yard setback shall be a minimum of 10.0m where a rear lot line
abuts a residential precinct, and subject to the 45 degree angular plane.
iv) No loading space or platform or overhead vehicle door used for loading
purposes shall be located in any yard or wall of any building or structure which
abuts or adjoins a street.
v) All loading spaces or platforms or overhead vehicle door used for loading
purposes shall be limited to the rear yard of any building and screened from
view of a street.
8.5.3
Exception Number: MU-3
Applicable Parent Precinct: MU
By-law (reference) 104-20
8.5.3.1 Permitted Uses
a) Notwithstanding any other provision of this By-law, taxi stand or dispatch office
and service and repair establishment shall not be permitted.
8.5.3.2 Precinct Regulations
a) Notwithstanding any other provision of this By-law the following provisions apply:
i)
Outdoor Rooftop Patios are permitted and must be set back at least
30.0m from any residential precinct.
ii)
The interior side yard setback shall be a minimum of 6.0m where the
interior side yard abuts a residential precinct.
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iii)
The rear yard setback shall be a minimum of 10.0m where a rear lot line
abuts a residential precinct, and subject to the 45 degree angular plane.
iv)
The maximum building height shall be 13.0m with no Staff or Council
variances permitted.
v)
The first storey shall have a minimum ceiling height of 4.5m.
vi)
No loading space or platform or overhead vehicle door used for loading
purposes shall be located in any yard or wall of any building or structure
which abuts or adjoins a street.
vii)
All loading spaces or platforms or overhead vehicle door used for loading
purposes shall be limited to the rear yard of any building and screened
from view of a street.
8.5.4
Exception Number: MU-4
Applicable Parent Precinct: MU
By-law (reference) 117-18
8.5.4.1 Permitted Uses
a) Notwithstanding any other provision of this By-law, a maximum of 2 accessory Drive-
Through facility uses are permitted in addition to the permitted uses of the MU
precinct.
8.5.4.2 Precinct Regulations
a) Notwithstanding any other provision of this By-law the following provisions apply:
i)
Any Drive-Through Facility located as part of Building C and/or Building D shall be
located a minimum of 4.5m from the front property line.
ii)
A minimum front yard setback of 0.0m for Building B may be provided for the
ground floor and second floor to a maximum of two (2) storeys and all other
storeys shall meet the by-law standards and provisions.
iii)
The minimum exterior side yard setback (that is, from the lot line abutting Jans
Boulevard) shall be 4.0m for Building A. Where the building is greater than three
storeys or 12.0m, whichever is the lesser, the minimum exterior side yard
setback shall be 5.0m for Building A.
iv)
The minimum rear yard setback for Building A shall be 3.5m for an exterior egress
stairwell structure only.
v)
The minimum front yard and exterior side yard landscaped strips shall
correspond to the setbacks provide for a structure, excluding parking areas,
areas for driveways, walkways and sidewalks.
vi)
Building A shall have a maximum building height of 29.9m, Building C shall have
a minimum building height of 5.8m, and Building D shall have a minimum
building height of 5.4m.
vii)
Maximum front yard encroachments on Innisfil Beach Road are 1.5m for the
architectural features on Building B.
8.5.4.3 Parking
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a) Notwithstanding any other provision of this By-law a maximum of two parking spaces
shall be permitted abutting Jans Boulevard.
8.5.4.4 Other
a) Notwithstanding any other provisions of this By-law, garbage containment shall be
permitted to be located outside of a commercial building (Building C).
b) Notwithstanding any other provision of this By-law, a minimum of 1 loading space is
required for Building B.
8.5.5
Exception Number: MU-5
Applicable Parent Precinct: MU
By-law (reference) 117-18
8.5.5.1 Permitted Uses
a) Notwithstanding any other provision of this By-law, a maximum of 18 townhouse
dwellings totaling a maximum of 3 blocks are permitted in addition to the permitted
uses of the MU precinct.
8.5.5.2 Precinct Regulations
a) Notwithstanding any other provision of this By-law, the following provisions apply for
townhouse dwellings:
i)
The minimum lot area per unit is 138.0m2.
ii)
The minimum lot frontage for an interior or exterior lot is 6.0m.
iii)
The minimum front yard setback (from curb) is 4.5m.
iv)
The minimum interior side yard setback is 0.0m, or 1.2m for an end unit.
v)
The minimum exterior side yard setback is 3.0m.
vi)
The minimum rear yard setback is 7.0m for a dwelling unit and 4.0m for decks.
vii)
The maximum lot coverage per townhouse unit or per lot area is 50%.
viii)
The maximum building height is 11.0m for a peaked roof and 9.5m for a flat roof
and no 45 degree angular plane.
ix)
The minimum landscaped open space is 30%.
x)
The minimum amenity space per unit, both outdoor and indoor, is 0.0m2.
8.5.5.3 Parking
a) Notwithstanding any other provision of this By-law, the following provisions apply for
townhouse dwellings:
i) A minimum of 2 parking spaces per dwelling unit, and a minimum of 0.23 parking
spaces per dwelling unit for visitor parking.
8.5.5.4 Other
a) The Holding provision shall not be lifted until development limits have been established
through the completion of an Environmental Impact Study and Flood Hazard Assessment
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or other background documents deemed necessary, to the satisfaction of the Lake
Simcoe Region Conservation Authority and Town of Innisfil.
8.5.6
Exception Number: MU-6(H)
Applicable Parent Precinct: MU
By-law (reference) 106-25
8.5.6.1 Permitted Uses
a) Notwithstanding any other provision of this By-law, live-work units shall be permitted
in a Mixed Use Building in addition to the permitted uses of the MU Precinct
8.5.6.2 Precinct Regulations
a) Notwithstanding any other provision of this By-law, the following site-specific
provisions shall apply to a Mixed Use Building within the MU-6(H) Precinct:
i.
Minimum required number of residential parking spaces: 1.15 parking spaces per
residential unit, of which, 0.15 parking spaces per unit shall be designated as
visitor parking
ii.
Minimum required number of parking spaces for live-work units: 1 parking space
per 37m2 gross floor area of commercial (live-work) area
iii.
Maximum Building Height: 27m and subject to a 48-degree angular plane from
the rear lot line
iv.
Minimum Interior Side Yard Setback to a Community Service (CS) Precinct: 18m
v.
Minimum landscaped open space: 32%
vi.
A landscaped strip at the front lot line is not required
8.5.6.3 Parking
a) Notwithstanding any other provision of this By-law, the minimum required length of
accessible parking spaces shall be 5.7m
8.5.6.4 Other
a) Notwithstanding any other provision of this By-law, until the H symbol is removed, only
permitted uses shall be those uses that were existing at the time of passing of this By-
law. The Holding (H) Symbol shall not be removed until water and sewer allocation for
the subject lands has been granted by the Council of the Corporation of the Town of
Innisfil, and a Development Agreement has been entered into with the Town of Innisfil.
8.6
Site-Specific Exceptions for Neighbourhood Commercial (NC) Precincts
8.6.1
Exception Number: NC-1
Applicable Parent Precinct: NC
By-law (reference) 019-18
8.6.1.1 Precinct Regulations
a) Notwithstanding Table 6.4 the following provisions shall apply
i)
The minimum lot frontage shall be100.0m.
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ii)
The minimum lot area shall be 5.3ha.
8.6.2
Exception Number: NC-2
Applicable Parent Precinct: NC
By-law (reference) 098-16
8.6.2.1 Permitted Uses
a) Notwithstanding Table 6.2 the only permitted uses shall include
i) Commercial Uses listed for the NC Precinct in Table 6.2
ii) Veterinary Clinic
iii) Garden Centre or Nursery
iv) Motor Vehicle Service Station in accordance with the provisions of Section
3.24
v) Community Service Uses listed for the NC Precinct in Table 6.2
vi) Library
vii) Community Centre
8.6.2.2 Precinct Regulations
a) Notwithstanding Table 6.3 the following provisions shall apply to commercial uses
i)
The minimum lot area shall be 3.8ha.
ii)
The minimum lot frontage shall be 190.0m.
iii)
A maximum lot coverage of 50% is permitted.
iv)
The minimum front yard shall be 12.0m.
v)
The minimum interior side yard shall be 5.0m.
vi)
The minimum exterior side yard shall be 8.0m.
vii)
The minimum rear yard shall be 9.0m.
viii)
The minimum width of landscaped buffer in the front yard shall be 6.0m.
ix)
The minimum width of landscaped buffer in the rear and interior side yard
shall be 3.0m.
x)
A maximum building height of 11.0m is permitted.
xi)
The minimum building height shall be 6.0m.
xii)
A minimum of 36% of the lot frontage abutting the front lot line/required
setback shall be building(s).
8.6.2.3 Parking
a) Notwithstanding any other provision of this By-law the following parking and loading
provisions shall apply
i) The minimum number of parking spaces shall be 350 spaces.
ii) Required parking spaces are permitted to encroach within the required front
yard to a maximum of 6.0m.
iii) The maximum number of dedicated loading spaces shall be 5 spaces.
iv) Required loading spaces are permitted to encroach into the exterior side
yard.
8.6.2.4 Other
a) A Motor Vehicle Service Station shall only be permitted as an accessory use, shall
not exceed six pumps, may only have an attached accessory sales kiosk not to
exceed 40.0m2 in size and shall not be located in the Front Yard.
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b) The front lot line shall be the lot line which abuts Innisfil Beach Road.
c) Garbage enclosures/garbage containment shall be permitted as standalone
structure(s) and meet the minimum required setbacks.
d) A minimum 2.0m tight-board fence shall be required abutting any residential precinct.
8.6.3
Exception Number: NC-3
Applicable Parent Precinct: NC
By-law (reference) 080-13
8.6.3.1 Permitted Uses
a) Notwithstanding Table 6.2 permitted uses shall include
i.
Business Office
ii.
Drive-through Facility
iii.
Veterinary Clinic
8.6.3.2 Precinct Regulations
a) Notwithstanding Table 6.4 the following provisions shall apply
i.
Minimum westerly setback to the property line: 6.0m
ii.
Minimum southerly setback to an Open Space or Environmental Protection
Precinct: 9.0m (garbage or loading structures/facilities can encroach into this
setback to a maximum of 3.0m)
iii.
Minimum easterly setback to the property line: 11.0m
iv.
Minimum setback from Innisfil Beach Road street line: 1.5m
v.
Maximum setback from Innisfil Beach Road street line for buildings within 30.0m
of Innisfil Beach Road: 4.0m
vi.
The minimum building height for buildings within 30.0m of Innisfil Beach Road
shall be 5.0m.
vii.
Maximum gross floor area, excluding seasonal garden centres: 10, 225.0m2
8.6.3.3 Parking
a) Notwithstanding any other provision of this By-law, the following parking regulations shall
apply:
i.
Minimum number of parking spaces: 1 parking space per 19.0m2 of gross
leasable floor area. For the purpose of this calculation, gross leasable floor area
shall be defined as: the sum total of the area of the floor of floors, measured from
the exterior walls of the building or structure at the level of each floor or
mezzanine level but shall not include: basements; ancillary offices; storage areas
inaccessible to the general public; floor area common by the tenants of a building
such as a mall, isle or hallway, or elevator shaft or lobby; stairwells; washrooms;
maintenance, mechanical, electrical or utility rooms; seasonal garden centres
and garbage enclosures
b) Notwithstanding any other provision of this By-law, the following minimum number of
loading spaces shall be provided per building:
i.
0.0 to 1,860.0m2 of gross floor area: 0
ii.
1,862.0 to 2,787.0m2 of gross floor area: 1
iii.
Over 2,787.0m2 of gross floor area: 2
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8.6.3.4 Other
a) There shall be no restrictions on the number of buildings permitted on an individual lot
b) In the event of land division approved by the Town of Innisfil these lands shall be treated as
one parcel for the purpose of meeting By-law standards for setbacks, lot area, lot
frontage, parking, and lot coverage and similar regulations.
c) No drive-through facility and/or stacking lane shall be permitted in any required yard
between the street line, and any building directly adjacent to Innisfil Beach Road, and shall
be setback a minimum of 20.0m from any type of residential precinct.
d) The outdoor display and sale of goods, such as seasonal garden centres, shall be
permitted in accordance with the following provisions:
i.
The size shall not be more than 10% of the gross floor area of the main use
ii.
Shall not be located within a required yard
iii.
Shall not obstruct or occupy any required parking area or loading space
iv.
The outdoor display area is to be located on a hard surface material of asphalt,
concrete, pavers or similar building material.
e) Notwithstanding any other provision of this By-law the following provisions apply to a gas
bar:
i.
A minimum setback of 1.5m and a maximum setback of 4.0m shall be required
from the Innisfil Beach Road street line. This regulation will not apply to either a
fuel pump or canopy.
ii.
No fuel pump or canopy may be erected in the front, side yards, or within 11.8 m
of any street line, or lot line.
iii.
The distance between means of access or ramps is a minimum of 9m
iv.
Each ramp may have a maximum width of 11.0m, and there will be no interior
angle requirement formed between the lot line, and centerline of the ramp.
v.
No ramp may be located within 1.5m of a side lot line.
vi.
Food and confectionary sales are permitted as an accessory use.
vii.
A building or shelter associated with a gas bar may have a gross floor area us
to 110 m
viii.
The gas bar is permitted up to 4 pumps, which consist of 8 fuelling nozzles.
ix.
The maximum height of a fuel canopy shall be 5.7 m.
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8.7
Site-Specific Exceptions for Community Service (CS) Precincts
8.7.1
Exception Number: CS-1
Applicable Parent Precinct: CS
By-law (reference) 046-99
8.7.1.1 Precinct Regulations
a) Notwithstanding Table 7.3 a maximum building height of 13.0m is permitted.
8.7.2
Exception Number: CS-2
Applicable Parent Precinct: CS
By-law (reference) 030-22
8.7.2.1 Permitted Uses
a) Notwithstanding any other provision of this By-law, the only permitted uses shall be a
child care centre, private club and community centre, and accessory buildings
and structures. For clarity, accessory dwelling units shall not be a permitted
accessory use.
8.8
Site-Specific Exceptions for Open Space (OS) Precincts
8.8.1
Exception Number: OS-1
Applicable Parent Precinct: OS
By-law (reference) 41-97
8.8.1.1 Permitted Uses
a) Notwithstanding Table 7.2 permitted uses shall be limited to passive recreational
uses, and public community forest to be maintained in accordance with good
management practices
8.9
Site-Specific Exceptions for Environmental Protection (EP) Precincts
8.9.1
Exception Number: EP-1
Applicable Parent Precinct: EP
By-law (reference) OMB Order 58-95, 29-00, By-law 062-08
8.9.1.1 Permitted Uses
a) Notwithstanding Table 7.2 permitted uses shall be limited to passive recreational
uses, conservation uses and forestry uses in accordance with good management
practices.
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Schedule "A" - Community Planning Permit System Area