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Town of Kapuskasing
Zoning By-law
By-Law No. 4198
Box 2032, 57 Foster Street
PERTH ON K7H 3M9
Tel. 613 464-8805
[email protected]
Office Consolidation
December 2022
i
Administrative Notes
Since the Adoption of the By-law the following By-laws have been adopted to amend the
original By-law: 1737, 23457, 2352, 2384, 2523, 2541, 2648, 2691, 3032, 3074, 3762, 4100,
4356.
4430 - August 2021 - general housekeeping and replacement of both Schedules A and B
Consolidation date reflects the date to which amending by-laws that were in full fore and
effect on that date have been incorporated into this version of the text.
ii
Table of Contents
Table of Contents...................................................................................................................................................ii
Explanatory Note..................................................................................................................................................i
Minor Variances.....................................................................................................................................................i
Zoning By-law Amendments.........................................................................................................................ii
How to Use this By-law ....................................................................................................................................v
1.
Administration and Conformity Requirements ................................................................................1
1.1
Title and Scope ...............................................................................................................................1
1.2
Title.......................................................................................................................................................1
1.3
Application and Building Permits.........................................................................................1
1.4
Interpretation..................................................................................................................................1
1.5
Conformity Requirements ........................................................................................................1
1.6
Zone Schedules...............................................................................................................................2
1.7
Zone Requirements......................................................................................................................2
1.8
Administration................................................................................................................................2
1.9
Effective Date ..................................................................................................................................2
1.10
Penalty ................................................................................................................................................2
1.11
Inspection of Premises................................................................................................................2
1.12
Licenses and Permits....................................................................................................................3
1.13
Application and Plans .................................................................................................................3
1.14
Validity................................................................................................................................................3
1.15
Conflict................................................................................................................................................3
1.16
Metric and Imperial Terms .......................................................................................................3
1.17
Level of Accuracy...........................................................................................................................4
1.19
Diagrams and Figures .................................................................................................................4
1.20
Reference to Legislation............................................................................................................4
1.21
Technical Revisions to the Zoning By-law........................................................................4
1.22
Repeal..................................................................................................................................................4
2.
Definitions.......................................................................................................................................................5
3.
General Provisions.....................................................................................................................................58
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3.1
Accessory Use................................................................................................................................58
3.1.1
Scope Limited...........................................................................................................................58
3.1.2
Permitted Uses.........................................................................................................................58
3.1.3
Keeping of Animals, Reptiles or Birds .........................................................................58
3.1.4
Zone Requirements for Accessory Uses, Buildings or Structures..................59
3.1.5
Attached to Main Building ................................................................................................61
3.1.6
Boat House, Dock or Wharf ..............................................................................................61
3.1.7
Accessory Uses in Environmental Protection Zone...............................................61
3.1.8
Prior Erection of Accessory Building............................................................................62
3.1.9
Fence in Industrial Zone......................................................................................................62
3.1.10
Garden Suites .......................................................................................................................62
3.1.11
Second Residential Unit..................................................................................................62
3.1.12
Bed & Breakfast Establishment ..................................................................................62
3.1.13
Storage Containers and Storage Trailers...............................................................63
3.2
Automotive Service Station, Automotive Gasoline Bar, Automotive
Washing Establishment .................................................................................................................................65
3.3
Excepted Lands and Buildings and Non-Conforming Uses...................................66
3.3.1
Continuation of Existing Uses..........................................................................................66
3.3.2
Building Permit Issued.........................................................................................................67
3.3.3
Change of Use ..........................................................................................................................67
3.3.4
Ground Floor Area Less Than Required ......................................................................67
3.3.5
Existing Undersized Lots.....................................................................................................67
3.3.6
Existing Non-Complying Buildings on Undersized Lots ....................................67
3.3.7
Building Repair and Reconstruction.............................................................................68
3.3.8
Road Widenings......................................................................................................................68
3.4
Flood Plain......................................................................................................................................68
Exception to Shoreline Setback.......................................................................................................69
3.5
Frontage on a Street..................................................................................................................69
3.5.1
Frontage on a Public Street...............................................................................................69
3.5.2
Frontage on a Private Road...............................................................................................69
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3.5.3
Frontage Exempted...............................................................................................................69
3.5.4
Frontage exempted for Certain Uses ...........................................................................69
3.5.5
Ministry of Transportation Access Requirements .................................................70
3.6
Garbage Collection Area .........................................................................................................70
3.6.1
Requirement..............................................................................................................................70
3.6.2
Access ...........................................................................................................................................70
3.6.3
Location and Screening.......................................................................................................70
3.7
Greater Restriction (As amended by By-law 4430)....................................................71
3.8
Group Homes (As amended by By-law 4430) ..................................................................71
3.9
Height Exceptions (As amended by By-law 4430).........................................................71
3.10
Home Based Businesses(As amended by By-law 4430) ..............................................71
3.10.1
Zone Standards (As amended by By-law 4430)......................................................71
3.10.2
Additional Requirements(As amended by By-law 4430)...................................73
3.10.3
Exemptions(As amended by By-law 4430)................................................................74
3.11.1
Compliance with the Building Code.........................................................................74
3.11.2
Application ............................................................................................................................74
3.11
Illumination....................................................................................................................................74
3.12
Kennel...............................................................................................................................................74
3.13
Landscape Buffer.........................................................................................................................75
3.14
Loading Space Regulations(As amended by By-law 4430) .......................................75
3.14.1
Loading Space Requirements(As amended by By-law 4430)..........................75
3.14.2
Access (As amended by By-law 4430) .........................................................................76
3.14.3
Location (As amended by By-law 4430).....................................................................76
3.14.4
Additions to Building(As amended by By-law 4430)...........................................76
3.15
Lots Divided into More than One Zone(As amended by By-law 4430) ..............76
3.16
Minimum Separation Distances and Special Setbacks(As amended by By-law
4430)
77
3.17
Movement of Buildings...........................................................................................................78
3.18
Multiple Uses.................................................................................................................................78
3.19
Open Storage and Outdoor Display..................................................................................78
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3.20
Parking Requirements..............................................................................................................79
3.20.1
Parking Space Requirements .......................................................................................79
3.20.2
Parking Area Surface........................................................................................................81
3.20.3
Ingress and Egress .............................................................................................................81
3.20.4
More Than One Use on A Lot.......................................................................................82
3.20.5
Additions to Buildings and Exemptions.................................................................82
3.20.6
Parking Space Locations.................................................................................................84
3.20.7
Rounding (As amended by By-law 4430) ..................................................................85
3.20.8
Parking of Commercial Motor Vehicles and Recreational Vehicles (As
amended by By-law 4430)......................................................................................................................85
3.20.9
Drive-Through Facilities (As amended by By-law 4430)....................................85
3.21
Permitted Projections...............................................................................................................86
3.22
Prohibited Uses............................................................................................................................89
3.22.1
Scope of Prohibited Uses...............................................................................................89
3.22.2
Land Suitability for Use...................................................................................................89
3.23
Provincial Highways..................................................................................................................90
3.24
Public Uses and Public Service Uses (As amended by By-law 4430)....................90
3.24.1
Scope ........................................................................................................................................90
3.24.2
TransCanada Pipelines.....................................................................................................90
3.25
Swimming Pools and Hot Tubs ...........................................................................................92
3.26
Railway Crossing Setbacks.....................................................................................................92
3.27
Sight Triangle and Sight Lines (As amended by By-law 4430) ..............................92
3.28
Special Uses Permitted.............................................................................................................93
3.29
Temporary Buildings or Structures During Construction......................................93
3.30
Through Lots.................................................................................................................................94
3.31
Water and Sewer Services ......................................................................................................94
3.32
Yard Requirements when Waterways are Involved ..................................................95
4.
Zones..............................................................................................................................................................96
4.1
Zone Classification .....................................................................................................................96
4.2
Zone Requirements....................................................................................................................97
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4.3
Schedules and Zone Symbols ...............................................................................................97
4.4
Interpretation of Boundaries of Zones............................................................................97
5
FIRST DENSITY RESIDENTIAL (R1) ZONE..........................................................................................99
6
SECOND DENSITY RESIDENTIAL (R2) ZONE.................................................................................101
7
THIRD DENSITY RESIDENTIAL (R3) ZONE......................................................................................103
8
FIRST DENSITY MULTIPLE RESIDENTIAL (RM1) ZONE..............................................................106
9.
SECOND DENSITY MULTIPLE RESIDENTIAL (RM2) ZONE.......................................................109
10.
RURAL RESIDENTIAL (RR) ZONE....................................................................................................111
11.
RESIDENTIAL MOBILE HOME (RMH) ZONE...............................................................................113
12.
CORE COMMERCIAL (C1) ZONE....................................................................................................115
13.
MIXED USE (C2) ZONE.......................................................................................................................119
14.
HIGHWAY COMMERCIAL (C3) ZONE...........................................................................................121
15.
LOCAL COMMERCIAL (C4) ZONE..................................................................................................126
16.
FUNERAL HOME (C5) ZONE............................................................................................................127
17.
MIXED INDUSTRIAL COMMERCIAL (M1) ZONE......................................................................128
18.
LIGHT INDUSTRIAL (M2) ZONE......................................................................................................130
19.
HEAVY INDUSTRIAL (M3) ZONE....................................................................................................133
20.
WASTE MANAGEMENT FACILITY (WMF) ZONE ......................................................................135
21.
MINERAL AGGREGATE (MX) ZONE...............................................................................................137
22.
OPEN SPACE PARK (OS) ZONE.......................................................................................................139
23
. ENVIRONMENTAL PROTECTION (EP) ZONE..............................................................................141
24
. WETLAND (W) ZONE...........................................................................................................................143
25
. RURAL (RU) ZONE.................................................................................................................................144
26
. AIRPORT COMMERCIAL (CA) ZONE..............................................................................................148
27.
SOLAR DEVELOPMENT (SD) ZONE...............................................................................................149
28.
WELLHEAD PROTECTION (WHP) ZONE......................................................................................150
TABLE 29 - ZONE REGULATIONS...............................................................................................................151
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THE CORPORATION OF THE TOWN OF KAPUSKASING
ZONING BY-LAW
Explanatory Note
The purpose of this By-law is to implement the Official Plan of the Kapuskasing and District
Planning Area and to regulate the use of land and the character, location and use of buildings
and structures in the Town of Kapuskasing and surrounding rural area. This By-law applies
to all lands within the Town of Kapuskasing and the unincorporated territory of the
Kapuskasing and District Planning Area.
The By-law is passed by the authority of Section 34 of the Planning Act. The By-law conforms
to the Official Plan for the Kapuskasing and District Planning Area. This Office Consolidation
includes all amendments up to September 2021.
After the date of adoption of this By-law, any new development, redevelopment or
alteration to an existing use or building must comply with the regulations of this By-law
before a building permit can be issued. Applicants are encouraged to pre-consult with the
Planning Board or Municipality on how the zoning regulations apply.
Changes to the regulations contained in this By-law may be made with prior approval from
the Town as provided for under the Planning Act. Significant changes may require an
amendment to the Zoning By-law. Minor variances to the By-law may be granted by the
Town's Committee of Adjustment.
The proposed Zoning By-law Amendment would introduce new provisions related to well-
head protection and cannabis cultivation/processing/retail. The proposed Zoning By-law
Amendment would also update existing provisions waste management facility setbacks,
home-based businesses, permitted projections, accessory structures, hobby farms, kennels,
recreational vehicles, sightlines, landscape buffers and planting strips, existing dwellings in
the C1 and C2 Zone, driveways, and garbage enclosures. The proposed Zoning By-law
Amendment would also propose various clarifications to aide in the interpretation of the
Zoning By-law.
Minor Variances
Criteria for evaluating Minor Variances (section 45(1)) of the Planning Act):
The general intent and purpose of the Official Plan are maintained;
The general intent and purpose of the Zoning By-law are maintained;
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The variance is minor; and
The proposed use of land, building or structure is desirable for appropriate development.
An application for a minor variance must meet all of the above four tests to be approved.
Where a proposed variance is not minor or cannot satisfy the criteria for a minor variance,
an amendment to this Zoning By-law may be required. Applications are available from the
Town office or on the website www.townofKapuskasing.com
How long does a minor variance application take to be approved?
Upon the receipt of a complete application a minor variance application usually takes 1-2
months to complete. The level of complexity and issues related to the proposal will affect
the timeline.
Zoning By-law Amendments
The Zoning By-law may be amended where the proposed amendment complies with the
Town's Official Plan. In accordance with the requirements of Section 34 of the Planning Act,
the usual procedure for amendments involves the following steps:
The person or public body wishing to amend the Zoning By-law must consult with the
municipality before making an application. The application may then be made to the
Clerk/Administrator of the Corporation of the Town of Kapuskasing to amend the By-law
under (subsection 34(10.0.1) of the Planning Act). Applications are available from the Town
office (88 Riverside Drive, Kapuskasing) or on the Town's website www.kapuskasing.ca
Designated staff will determine whether the application is a 'complete' application.
Additional information, reports or studies may be required to support the proposed
amendment before the application is considered complete. Applicants are required to
submit a public consultation strategy with their application. The strategy must indicate how
people who might be affected by the application are to be informed of the proposed
rezoning (i.e. neighbouring property owners). The strategy is separate from the Town's
requirement to hold a public meeting under the Planning Act. Council has 30 days from the
date of application to determine whether the application is complete (s. 34(10.1-10.3)). A
complete application also requires that the Town's application fee is paid.
Once the application is considered complete, staff circulates to the applicant and prescribed
agencies and bodies a Notice of Complete Application (s. 34(10.4)). If Council deems an
application incomplete or does not make a decision within 30 days from the
iii
date of application, the person or public body may appeal to the Ontario Municipal Board
(OMB) to determine whether the application is complete (s. 34(10.5).
If an application is considered complete, staff advertises that a Public Meeting will be held
in order to consider an amendment to the Zoning By-law. Advertisement is given 20 days in
advance of the public meeting (s. 34(12-13, 14.1)). The advertisement may be placed in the
local newspaper, or may be mailed, faxed, or emailed to all property owners within 120 m of
the property affected by the application. Where the notice is mailed, the applicant must also
post a notice in a location on the property to be zoned that is visible from the adjacent
street.
Council holds a Public Meeting and evaluates the appropriateness of the proposed
amendment. Council considers the proposal's conformity with the Official Plan, adequacy
of services, conformity with the provisions of the requested zone, suitability of the proposed
use in the proposed location, public input, etc. The application must also be consistent with
the Provincial Policy Statement and must also comply with the Growth Plan for Northern
Ontario. If the application is considered satisfactory, the amending By-law is passed by
Council.
Within 15 days of the passing of the by-law, the Clerk/Administrator will give written notice
of the decision of Council through a notice in the local newspaper or by mail, fax, or email
to the applicant, to all property owners within 120 m of the rezoned property and to anyone
who made a written request to receive notice of the decision (s. 34(10.9, 18)).
If Council refuses the application and does not amend the zoning by-law, the Clerk must
give written notice with reasons to the applicant as to why the application was refused. The
notice must be given within 15 days of Council's decision.
Any person who gave their opinion at a public meeting or who submitted their concerns in
writing to the Clerk before the by-law was passed may appeal the decision of Council to the
Ontario Municipal Board. The appeal must be filed with the clerk within the 20 day appeal
period set out in the notice of the passing of the Zoning By-law amendment (s. 34(19)) and
must include a cheque for $300 payable to the Minister of Finance. If a person does not
make an oral or written submission prior to council passing the by-law, they may not appeal
Council's decision.
iv
If Council refuses to approve the application or Council does not make a decision within 120
days from the date the application the person or public body may appeal to the OMB (s.
34(11)). An appeal of a refusal must be made within 20 days of the date of the decision.
Where an appeal is made, Council may opt for mediation or dispute resolution to resolve
the objection by giving notice to the appellant(s) (s. 34 (20.2). Participation by the
appellant(s) is voluntary but where agreed to, the period for mediation is 75 days.
An amendment to the Zoning By-law takes effect on the day the by-law was passed where
no appeal is filed.
If a decision or lack of a decision is appealed to the OMB, the Board can make any decision
the Council of the Town had in regard to the specific application (s. 34(26)). In other words,
the OMB can approve, or refuse the application or approve the application in part.
How long does a zoning By-law amendment take to be approved?
Upon the receipt of a complete application (including any required supporting studies), a
zoning By-law amendment usually takes 2-3 months to complete. The level of complexity
and issues related to the proposal will affect the timeline.
v
How to Use this By-law
Step 1 - Locate Your Property and Determine the Zone
Use the zoning schedules (maps) at the end of this document to locate the property you are
interested in. Identify the zone symbol that applies to that property. Zone examples include
R1, RR, M1, and C1.
Step 2 - Determine What Uses are Permitted in the Zone
Use the Permitted Uses section of your Zone to determine what use(s) is/are permitted in
the Zone you have identified. Run your finger down the list to find the use you are interested
in. If you find the use you are interested in, it is permitted in the Zone. Otherwise, it is not
permitted in that Zone.
Step 3 - Determine What Zone Regulations Apply
Once the use is determined to be permitted, move down to the Zone Regulations section.
In this section the regulations will indicate what the minimum regulations will be, i.e.
minimum lot area, lot frontage, building setbacks etc. These standards will help you
determine where you can locate a building or structure on your lot and what the setbacks
are from any lot line.
Step 4 - Determine if any General Provisions Apply
Development of the property may be affected by Section 3 (General Provisions). General
Provisions can apply to any zone anywhere in the municipality. This section contains
provisions that apply to such matters as Accessory Uses, Height Exceptions, Home Based
Businesses, etc. Use this section to determine how a particular land use might be affected.
Please note that there may be other setbacks or separation distances that might apply such
as from a flood plain or from a gravel pit or industry.
Step 5 - Clarify the Meaning of a Use
Throughout the By-law some words are shown in black italicized script. These words are
defined in Section 2 (Definitions). If you are unsure as to what a particular word means or
what the scope of a permitted use includes, then refer to the alphabetical list of definitions
to assist you. This section also contains illustrations which are intended to help with
understanding the definition.
vi
By-Law No. 4198
Being a By-law to adopt a comprehensive Zoning By-law for the
Corporation of the Town of Kapuskasing in accordance with the
provisions of Section 34 of the Planning Act.
The Council of the Corporation of the Town of Kapuskasing in accordance with the enabling
authority and provisions of Section 34 of the Planning Act, R.S.O. 1990, as amended, hereby
enact as follows:
That the attached comprehensive zoning by-law for the Corporation of the Town of
Kapuskasing, including the text and attached Schedules A, and B, is hereby adopted;
That any predecessor by-laws and amendments adopted under Section 34 of the Planning
Act are hereby repealed; and
That this By-Law shall come into force and take effect on the day of the final passing thereof
subject to the requirements of the Planning Act.
READ a first time this 25th day of September, 2017.
READ a second time this 25th day of September, 2017.
READ a third time and finally passed on the 25th day of September, 2017.
Original signed by
Original signed by
_______________________________
_____________________
MAYOR
CLERK
Page 1
Zoning By-Law 4198
Page 1
Town of Kapuskasing and the Kapuskasing and District Planning Board
---------
1.Administration and Conformity
Requirements
1.1
Title and Scope
1.2
Title
This By-law shall be known as the "Zoning By-law" of the Corporation of the Town of
Kapuskasing and shall consist of the text and one or more schedules attached hereto.
1.3
Application and Building Permits
The provisions of this By-law shall apply to all lands within the boundaries of the Corporation
of the Town of Kapuskasing and upon appointment of the Ministry of Municipal Affairs and
Housing of all lands outside of the Town of Kapuskasing, but which are within the
Kapuskasing and District Planning Area.
Every planning application or application for a building permit shall be accompanied by
information required to determine compliance with this By-law. The regulations of this By-
law must be met before a building permit is issued by for the erection of any building or
structure.
1.4
Interpretation
The interpretation and application of the provisions of this By-law shall be held to be the
minimum requirements for the promotion of health, safety, comfort, convenience and
general welfare for the inhabitants of the Town of Kapuskasing, and for the inhabitants of
the Kapuskasing and District Planning Area.
1.5
Conformity Requirements
No land, building or structure shall be used and no building or structure shall be erected or
enlarged or placed for any purpose within the area defined by this By-law, except as
specifically, or by necessary implication, authorized by this By-law and in conformity with all
the applicable provisions of this By-law.
Explanatory Note
Section 1 identifies the administrative controls and requirements of the By-law. It
names the By-law, states the relationship of the zoning by-law with other By-laws,
defines the area to which it applies, how it is to be enforced, etc. In essence, it
identifies the legal parameters within which the By-law operates.
Page 2
Zoning By-Law 4198
Page 2
Town of Kapuskasing and the Kapuskasing and District Planning Board
Subject to the granting of such minor variances as may be necessary, no lands shall be
severed from any existing lot if the effect of such action is to cause the original, adjoining,
remaining or new use, building, structure or lot to be in contravention of any provision of
this By-law.
1.6
Zone Schedules
The zones set out in Section 4.1 and the boundaries of such zones are shown upon the maps
attached hereto, marked Schedule 'A' and Schedule 'B' and designated as the 'Zoning
Schedules', which zone boundaries and maps are hereby declared to form part of this By-
law.
1.7
Zone Requirements
The zone requirements for each of the zones set out in Section 4.1 are shown in Table 29 -
Zoning Provisions ' which is declared to form part of this By-law. (As amended by By-law
4430)
1.8
Administration
This By-Law shall be administered by the person appointed by the Council of the Town of
Kapuskasing as the "Chief Building/Zoning Official" or such other person as Council shall
designate, for lands within the Town of Kapuskasing and for all other lands within the
Kapuskasing and District Planning Area.
1.9
Effective Date
Subject to the provisions of the Planning Act, this By-law or any amendment thereto shall
come into full force and effect as of the date of passing hereof by Council and Planning
Board respectively subject to the requirements of the Planning Act.
1.10 Penalty
Any person who contravenes any provision of this By-law is guilty of an offence and upon
conviction is liable to the fine(s) as provided for under the Planning Act, R.S.O., 1990, c.
P.13, as amended.
1.11 Inspection of Premises
Subject to Section 49 of the Planning Act, R.S.O., 1990, as amended, an officer or any person
acting under his or her instructions may, at all reasonable times and upon producing proper
identification, enter and inspect any property on or in respect of which he or she believes
the contravention is occurring.
Consolidated December 2022
29380/28554
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Zoning By-Law 4198
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Town of Kapuskasing and the Kapuskasing and District Planning Board
Except under the authority of a search warrant issued under Section 49.1 of the Planning Act,
an officer or any person acting under his or her instructions shall not enter any room or place
actually used as a dwelling without requesting and obtaining the consent of the occupier,
first having informed the occupier that the right of entry may be refused, and entry made
only under the authority of a search warrant.
No person shall obstruct or attempt to obstruct an officer or person acting under the officer's
instructions in the exercise of a power under this Section of the Planning Act.
1.12 Licenses and Permits
Nothing in this By-law shall exempt any person from complying with the requirements of
any other By-law in force within the area affected by this By-law, or from applying for and
obtaining any permit, license, permission, authority, or approval required by this or any other
By-law, regulation or by any other law in force from time to time.
1.13 Application and Plans
In addition to the requirements of the Building By-law, every application for a building permit
shall be accompanied by plans drawn to an appropriate scale based upon an actual survey
with proper survey markers placed on site, showing the true shape and dimensions of the
lot to be used or upon which it is proposed to erect any building or structure. The plans
shall indicate the proposed location, height and dimensions of the building or structure or
work in respect of which the permit is applied for, and the location and dimensions of
existing building or structure on the lot, together with a block plan and a statement signed
by the owner or his agent duly authorized there unto in writing filed with the Chief
Building/Zoning Official or any other officer or any person acting under his or her
instructions. The statement shall indicate in detail, the current and proposed use of each
building or structure, or parts thereof, and all information necessary to determine whether
or not every such building and structure conforms with the requirements of the By-law.
1.14 Validity
A decision of a Court stating that one or more of the provisions of this By-law are invalid in
whole or in part does not affect the validity, effectiveness, or enforceability of the other
provisions or parts of the provisions of this By-law.
1.15 Conflict
In the event of a conflict between this By-law and amendments thereto, and any general or
special By-law, the most restrictive By-law shall prevail.
1.16 Metric and Imperial Terms
Consolidated December 2022
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Zoning By-Law 4198
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Town of Kapuskasing and the Kapuskasing and District Planning Board
The imperial measurements contained in this By-law are included for convenience and do
not form part of the By-law. The metric measurements contained in this By-law are the only
measurements to be used in determining compliance with the By-law.
1.17 Level of Accuracy
All calculations of the regulations of this By-law shall be to one decimal place, and in no case
shall there be a rounding to such decimal place.
1.18
Defined Terms
All defined terms are shown in bold italicised script throughout this By-law.
1.19 Diagrams and Figures
This By-law contains a number of diagrams and figures which are intended to assist with the
interpretation of the By-law; however, they do not form part of this by-law.
1.20 Reference to Legislation
Where this Zoning By-law makes reference to legislation, then the references shall be deemed to
mean the statute currently in force and any amendments thereto and all applicable regulations
thereunder.
1.21 Technical Revisions to the Zoning By-law
Revisions may be made to this by-law without the need for a zoning by-law amendment in
the following cases:
Correction of grammar or typographical errors or revisions to format in a manner that does not
change the intent of the By-law.
Adding or revising technical information on the zoning maps or schedules that does not affect the
zoning of lands including, but not limited to, matters such as updated and correcting infrastructure
information, keys, legends, or title blocks.
Changes to appendices, headings indices, marginal notes, table of contents, illustrations, historical
or reference information, page numbering, footers or headers, which do not form part of this By-law
and are editorially inserted for convenience or reference only.
1.22 Repeal
By-law No. 4150 and all amendments thereto are hereby repealed and replaced with this By-
law.
Consolidated December 2022
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2.Definitions
For the purposes of this By-law, the definitions given herein shall govern.
Words used in the present tense include the future; words in the singular number include
the plural and words in the plural include the singular number. The word "shall" is
mandatory. The words "used" and "occupied" shall include the words "intended or
arranged" and designed to be used or occupied.
In this By-law:
2.1
"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 a principle use, building or structure and located on the same lot
therewith (see Figures 2.1 and 2.4).
1.
Accessory Dwelling means a fully-detached dwelling which is accessory to a permitted non-
residential use and is occupied either by the owner of such non-residential use or by a person
employed on the lot where such dwelling is located.
2.
Accessory Dwelling unit means a dwelling unit which is part of and accessory to a permitted
non-residential building. Such dwelling unit shall be occupied either by the owner of such
non-residential building or by a person employed on the lot where such dwelling unit is
located.
Figure 2.1: Accessory Building and Attached
Building
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2.2
"ACT" means The Planning Act, R.S.O. 1990, as amended from time to time.
2.3
"ADULT ENTERTAINMENT PARLOUR" means any premise or part thereof in which
is provided, in pursuance of a trade, calling, business or occupation, services appealing to or
designed to appeal to erotic or sexual appetites or inclinations and for the purposes of this
definition, the following terms shall be interpreted as follows:
1.
"To provide" when used in relation to services includes to furnish, perform, solicit, or give
such services and "providing" and "provision" have corresponding meanings;
2.
"Services" includes activities, facilities, performances, exhibitions, viewings and encounters,
but does not include "goods" including books, clothing, magazines, pictures, slides and audio
and/or video recordings;
3.
"Services designed to appeal to erotic or sexual appetites or inclinations" includes:
a)
Services of which a principal feature or characteristic is the nudity or partial nudity of any
person; or
b) Services in respect of which the word "nude", "naked", "topless", "bottomless", "sexy" or any
other word or picture, symbol or representation having like meaning or implication is used
in any advertisement.
2.4
"ADVENTURE GAME" means an outdoor sport or recreation commercial
establishment operated commercially in which participants engage in games mimicking
combat-type roles and which may include the use of paint ball or similar equipment.
2.5
"ADVERSE EFFECTS"
As defined in the Environmental Protection Act, means one or more of:
1.
Impairment of the quality of the natural environment for any use that can be made of it;
2.
Injury or damage to property or plant or animal life;
3.
Harm or material discomfort to any person;
4.
An adverse effect on the health of any person;
5.
Impairment of the safety of any person;
6.
Rendering any property or plant or animal life unfit for human use;
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7.
Loss of enjoyment of normal use of property; and
8.
Interference with normal conduct of business.
2.6
"AGGREGATE" means gravel, sand, clay, earth, shale, limestone, dolostone,
sandstone, marble, granite, rock other material prescribed under the Aggregate Resources
Act suitable for construction, industrial manufacturing and maintenance purposes but does
not include metallic ores, asbestos, graphite, kyanite, mica, nepheline syenite, salt, talc,
wollastonite, mine tailings or other material prescribed under the Mining Act or the
Aggregate Resources Act.
2.7
"AGGREGATE PROCESSING SITE" means land, buildings or structures used
for the storage and processing of sand, gravel, rock and other aggregate for commercial or
industrial purposes and in the production of goods for commercial or industrial uses from
such aggregate.
2.8
"AGRICULTURAL USE and cannabis use" means a use of land, building or structure for:
(As amended by By-law 4430)
1.
The growing of crops, including but not limited to nursery and horticultural crops and
cannabis and all related activities such as soil preparation, manure or fertilizer spreading,
planting, spraying, grain drying, irrigating, harvesting and also including the storage and sale
of the crops produced on the land; (As amended by By-law 4430)
2.
Animal husbandry including the raising, boarding, and keeping of all forms of livestock,
including poultry and fish, aquaculture, apiaries and all related activities such as breeding,
training, feeding and grazing;
3.
Agro-forestry, maple syrup production;
4.
The production of animal products but not limited to milk, eggs, wool, fur, or honey, including
related activities such as the collection, storage and sale of the products produced on the
lands;
5.
The use and storage of all forms of on-farm buildings and structures, equipment or
machinery needed to accomplish the foregoing activities.
2.9
"AGRI-TOURISM USE" means those farm-related tourism uses, including limited
accommodation such as a bed and breakfast, that promote the enjoyment, education or
activities related to a farm operation.
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2.10
"AISLE" means the traveled way by which motor vehicles enter and depart parking
spaces or loading/delivery spaces or a parking area (see Figure 2.2).
2.11
"AIRPORT" means land used for the purpose of landing, storing, taxiing or taking off
of aircraft and uses, buildings and structures accessory thereto.
2.12
"ALTER" when used in reference to a building or part thereof, means to
change any one or more of the external dimensions of such building or to change the type
of construction of the exterior walls or roof thereof. When used in reference to a lot, the
word "alter" means to decrease the width, depth or area of any required yard, setback,
landscaped open space or parking area, or to change the location of any boundary of such
lot with respect to a street or lane, whether such alteration is made by conveyance or
alienation of any portion of said lot, or otherwise. The words "altered", "altering" and
"alteration" shall have a corresponding meaning.
2.13"ALTERNATIVE ENERGY SYSTEM" means a system that uses sources of energy or
energy conversion processes to produce power, heat and/or cooling that significantly
reduces the amount of harmful emissions to the environment (air, earth and water) when
compared to conventional energy systems.
2.14
"AMBULANCE FACILITY" means a building or part thereof where professional
paramedics and personnel are stationed and their motor vehicles and equipment are kept
or stored.
2.15
"ANIMAL DAY CARE ESTABLISHMENT" means a commercial premise used
for a day care service for domestic pets, but shall not include an animal shelter or kennel.
2.16
"ARCHAEOLOGICAL RESOURCES" means artifacts, archaeological sites, and
marine archaeological sites as defined under the Ontario Heritage Act.
Figure 2.2: Examples of Parking Aisle
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2.17
"ASPHALT PLANT" means an industrial facility used for the production of asphalt
for immediate use in the paving of roads and driveways and the damp-proofing of
buildings or structures.
2.18
"ATTACHED" means a building or structure otherwise complete in itself which is
connected to, and which depends for structural support upon a division wall or walls shared
in common with an adjacent building or buildings (see Figure 2.1).
2.19
"AUCTION HALL" means a building, a structure, or parts thereof, or any lands or
premises used for the storage of goods or materials which are to be sold on the premises
by public auction and for the sale of the said goods and materials by public auction. An
auction barn shall be included within this definition.
2.20
"AUTOBODY REPAIR SHOP" means the use of land, building or structure for the
body repair, alteration, servicing and painting of vehicles.
2.21
"AUTOMOTIVE GASOLINE BAR OR CARD-LOCK FACILITY" means the use of land,
or building, or structure where vehicle fuel or lubricants, are offered for sale but where no
provision is made for the repair or maintenance of vehicles. For the purpose of this
definition, the sale of associated sundry items and the sale of prepared foods for
consumption off the premises may be allowed in conjunction therewith.
2.22
"AUTOMOTIVE SALES ESTABLISHMENT" means a building and/or lot used for the
display and sale of new and/or used motor vehicles and may include the servicing, repair,
cleaning, body repair and repainting of motor vehicles, the sale of automotive accessories
and related products and the leasing or renting of motor vehicles.
2.23
"AUTOMOTIVE SERVICE STATION" means a building or place where gasoline, oil,
grease, antifreeze, tires, tubes, tire accessories, light bulbs, spark plugs, batteries for motor
vehicles are stored or kept for sale, or where motor vehicles may be oiled, greased or
washed, or have their ignition adjusted, tires inflated or batteries charged or where only
minor or running repairs essential to the actual operation of motor vehicles are executed
or performed, but shall not include an automotive washing establishment.
2.24
"AUTOMOTIVE WASHING ESTABLISHMENT" means a building or part thereof
used for the operation of automotive washing equipment.
2.25
"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 other premises
where any such product is made for consumption on the premises or a bake shop.
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2.26
"BALCONY" means an above ground platform projecting above the
established grade from a building and is accessible from inside the building and with no
steps to provide access to the ground. (as amended by By-law 4430)
2.27
"BANK OR FINANCIAL INSTITUTION" means a chartered bank, finance
company office, co-op, trust company, loan company or similar establishment.
2.28
"BASEMENT" means that portion of a building between two floor levels which
is partly underground but which has at least one half of its height, from finished floor to
finished ceiling, above the adjacent finished grade (see Figure 2.3, see also CELLAR).
2.29"BATCHING PLANT, ASPHALT OR CONCRETE" means an industrial facility used for
the production of asphalt or concrete, or asphalt or concrete products, used in building or
construction, and includes facilities for the administration or management of the business,
the stockpiling of bulk materials used in the production process of finished products
manufactured on the premises and the storage and maintenance or required equipment,
but does not include the retail sale of finished asphalt or concrete products.
2.30
"BED AND BREAKFAST ESTABLISHMENT" means a private dwelling
designed to be used in part for the accommodation of the travelling or vacationing public,
containing suites or guest rooms.
2.31
"BICYCLE PARKING SPACE" means a designated area for the exclusive parking of
bicycles equipped with a rack or stand designed for the locking of a bicycle wheel or frame
(see photo examples).
2.32
"BINGO HALL" means a building or premise or part thereof used for bingo
or a bingo event.
2.33
"BLOCK" means the smallest unit of land, the boundaries of which consist
entirely of public streets, rivers, railroads, public parks or any combination thereof.
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2.34
"BOARDING HOUSE OR ROOMING HOUSE" means any building or portion
thereof in which the proprietor or his designate resides and supplies for hire or gain to more
than two (2) other persons, lodging and/or meals, but shall not include a group home, hotel,
hospital, or nursing home.
2.35
"BREWERY OR WINERY" means a building used primarily for the manufacturing,
processing and distribution of beer, cider and wine and may include an accessory retail sales
outlet. (as amended by By-law 4430)
2.36
"BUILDING" means any structure consisting of walls, roof and floors used or
intended for sheltering any use or occupancy. The word "building" shall include the whole
of such structure or part thereof.
1.
Accessory shall mean a building not used for human habitation customarily incidental,
subordinate and exclusively devoted to the principal use or building and located on the
same lot with such principal use or building (see Figures 2.1 and 2.4)
2.
Attached see "attached".
3.
Main means the building in which is carried on the principal purpose for which the building
lot is used, and in the residential zone the dwelling is the main building.
4.
Temporary shall mean a building or structure intended for removal or demolition.
Figure 2.4: Main Building and Accessory Building
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2.37
"BUILDING LINE" means any line regulating the position of a building or structure
on a lot (see Figure 2.5).
2.38
"BUILDING, MIXED USE" means a building containing more than one land use (e.g.
retail commercial and residential, office and residential, industrial and retail) that are
designed and constructed as a single building.
2.39
"BUILDING SEPARATION" means the least horizontal distance permitted between
the nearest portions of the walls of any buildings on a lot (see Figure 2.6).
Figure 2.5: Building Line
Figure 2.6: Building Separation
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2.40
"BUILDING SUPPLY CENTRE" means a building or structure including a bulk
storage yard in which building or construction and home improvement materials are offered
or kept for sale at retail and may include the fabrication of certain materials related to home
improvement.
2.41
"BUILT HERITAGE RESOURCES" means buildings, structures, monuments,
installations or any manufactured remnant that contributes to a property's cultural heritage
value or interest as identified by a community, including an Aboriginal community. Built
heritage resources are generally located on property that has been designated under Parts
IV or V of the Ontario Heritage Act, or included on local, provincial or federal registers.
2.42
"BULK FUEL DEPOT" means lands, buildings and structures for the storage,
distribution of fuels and oils but not including retail sales or key lock operations.
2.43
"BUSINESS OR PROFESSIONAL OFFICE" means the business office of a certified or
licensed person who belongs to a profession.
2.44
"CALL CENTRE" means a business or professional office where the primary activity
is telecommunication between the business and the clients for the purpose of sales and
customer support.
2.45
"CAMP, LOGGING" means an area of land including buildings and structures
specifically designed as non-permanent living quarters for persons employed in the removal,
cutting, debarking or harvesting of timber for commercial purposes or ancillary services and
may include a dormitory, lodging or sleeping facilities, sanitary and eating facilities and
accessory uses directly related to meeting the needs of occupants including but not limited
to a laundromat, recreational facilities, concession selling personal effects and food stuffs
and parking.
2.46
" CAMP, TEMPORARY WORK" means an area of land including buildings and
structures constructed on a temporary basis during the construction or decommissioning of
a major building, industrial complex, hydroelectric project or other large scale construction
project and such camp may include a field office, storage area, storage buildings, living
quarters including sanitary and eating facilities provided that such a camp is removed once
the facility it was designed to serve is completed.
Examples of a professional include a physician, lawyer,
accountant, architect, engineer, land use planner.
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2.47
"CAMPGROUND" means an area of land providing short term accommodation for
tents, and recreational vehicles and may include accessory uses such as a laundromat,
convenience store, sale of propane fuels and recreational uses for persons using the
campground where a fee is charged or paid for such accommodation.
2.48
"CANOPY" means a roof free of enclosing walls over an entrance to a building,
structure, or gasoline pump island.
2.49
"CARPORT" shall mean a covered structure attached to the wall of the main building and
used for the storage of motor vehicles wherein neither servicing for profit is indicated nor storage
of commercial motor vehicles in excess of 1.5 Tonne capacity is permitted. The roof of the said
structure shall be supported only by piers or columns so that 60 % of its wall adjacent to the lot line
is unenclosed (see Figure 2.7).
2.50
"CAR RENTAL AGENCY" means the use of land, or building, or structure where
motor vehicles are kept for lease and where such vehicles may be dropped off or picked
up.
"CAR WASHING ESTABLISHMENT" (see AUTOMOTIVE WASHING ESTABLISHMENT)
2.51
"CELLAR" means that portion of a building between two floor levels which is partly
or wholly underground and which has more than one half of its height, from finished floor
to finished ceiling, below the adjacent finished grade (see Figure 2.3, see also BASEMENT).
2.52
"CEMETERY" Means a cemetery within the meaning and as regulated by the Funeral,
Burial and Cremation Services Act, 2002 and includes a mausoleum, columbarium or other
building or structure intended for the interment of human remains.
Figure 2.7: Carport
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2.53
"CHIEF BUILDING/ZONING OFFICIAL" or his/her delegate means the officer(s)
appointed by the Town of Kapuskasing with the duty of enforcing the provisions of the
Building Bylaw, Zoning Bylaw.
2.54
"CLINIC" means a building or part of a building that is used solely by physicians,
dentists, and/or drugless practitioners, their staff and their patients for the purpose of
consultation, diagnosis, office treatment and laboratories.
2.55
"CLUB" Means premises used as a meeting place by an association of dues-paying
members which owns, hires or leases the premises; the use of such premises being
restricted to members and their guests for social, recreational or athletic purposes.
2.56
"COMMERCIAL MOTOR VEHICLE" means any commercial motor vehicle as
defined in the Highway Traffic Act.
2.57
"COMMERCIAL USE" means the use of land, structure or building for the purpose
of buying or selling commodities and supplying services as distinguished from such uses as
manufacturing or assembling of goods, warehousing and construction.
2.58
"COMMUNICATIONS FACILITY" means an installation which transmits, receives
and/or relays communications such as a microwave relay tower, significant antenna,
telephone or telegraph line, cellular telephone tower, radio or television broadcast tower or
similar facility.
2.59
"COMMUNITY CENTRE" means any tract of land, or building(s) or any part
of any building(s) used for community activities, including recreational and institutional
uses, with commercial uses incidental thereto, and the control of which is vested in the
municipality, local board or agent thereof.
2.60
"COMMUNITY GARDEN" means a site operated by community members and/or a
community organization where municipally owned lands are used for the growing of
produce, flowers and native plants for non-profit use through individual or shared plots
located on municipally owned lands.
COMPOSTING FACILITY - (see "WASTE MANAGEMENT FACILITY")
2.61
"CONSERVATION USE" means the use of lands which are intended to remain open
in character with the priority use given to preservation of their ecological uniqueness, wildlife
production and their natural heritage features and may include non-commercial recreational
uses.
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2.62
"CONTINUUM-OF-CARE FACILITY" means a building or a group of buildings
which may include a senior citizens apartments building, a nursing home, a long-term care
facility, home for the aged, a retirement home and facilities associated with, and designed
specifically to serve the senior or disabled population such as clinics, recreation centers,
cafeterias and Personal Service Shop, and may also include independent senior's
accommodation in separate structures/living units that share in services such as meals. This
definition does not include a group home, boarding house or chronic care facility. (As
amended by By-law 4430)
2.63
"CONTRACTOR'S YARD" means the yard of a building contractor or company
used as a depot for the storage and maintenance of equipment used by the contractor or
company, and shall include facilities for the administration or management of the business
and the stockpiling or storage of supplies used in the business, but does not include the
crushing of virgin or recyclable aggregates or materials and the wholesale or retail sale of
building supplies or home improvement supplies. (As amended by By-law 4430)
2.64
"CONVENIENCE STORE" means a retail store with a commercial floor space of
less than 223 m² (2,400.35 ft.²), where convenience goods, such as milk, other foodstuff and
cigarettes are sold at retail, and may include a snack bar as an accessory use.
2.65
"CORPORATION" means the Corporation of the Town of Kapuskasing.
2.66
"COUNCIL" means the Municipal Council of the Corporation of the Town of
Kapuskasing.
2.67
"COURTYARD" means an open, uncovered, unoccupied space appurtenant to a
building and bounded on two or more sides thereby.
2.68
"CRISIS CARE FACILITY" means a residential facility that is licensed and funded by
the Province of Ontario, Government of Canada or an appointed agency, for the short term,
temporary care of persons requiring immediate emergency shelter and aid who are living
under supervision in a single housekeeping unit and who by reason of their emotional,
mental, social or physical condition or legal status, require a group living arrangement for
their wellbeing.
2.69
"CULTURAL HERITAGE LANDSCAPE" means a defined geographical area that may
have been modified by human activity and is identified as having cultural heritage value or
interest by a community, including an Aboriginal community. The area may involve features
such as structures, spaces, archaeological sites or natural elements that are valued together
for their interrelationship, meaning or association.
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2.70
"CUSTOM WORKSHOP" means a building or part of a building used by a trade,
craft or guild for the custom production of goods or articles.
2.71
"DAY NURSERY" means a building or part thereto duly licensed by the Province of
Ontario for use as a facility for the daytime care of children.
2.72
"DAY SPA" means a personal service shop for therapeutic or relaxation purposes
are performed by certified aestheticians or registered massage therapists and may include
such services as aromatherapy, massage therapy and aesthetics/beauty services.
2.73
"DECK" means a roofless, unenclosed structure accessory to a building consisting
of a platform raised 0.6 metres [1.97 ft.] or more above established grade cantilevered from
a building or supported by the ground. (As amended by By-law 4430)
2.74
"DETACHED" means, when used in reference to a building, means a building which
is not dependent on any other building for structural support or enclosure.
2.75
"DRIVE-THROUGH FACILITY" means a premise used to provide or dispense
products or services through an attendant or a window or an automated machine, to persons
remaining in motor vehicles that are in a designated queuing space and may be in
combination with other land uses. Kiosks within a parking structure necessary for the
operation of the parking facility or kiosks associated with a surface parking area are not
considered drive through facilities (see Figure 2.17).
2.76
"DRIVEWAY" means that portion of land used to provide private vehicular access
from a street or lane to a lot or other parcel of land.
2.77
"DRY CLEANING ESTABLISHMENT" means a premises used for the purpose of
receiving articles or goods of fabric to be subjected to the process of laundering or dry
cleaning at another location and may include facilities for the pressing or ironing of such
articles.
2.78
"DWELLING" means a building, occupied or capable of being occupied as a home,
residence or sleeping place by one or more persons or households, containing one or more
dwelling units but shall not include a travel trailer or recreational vehicle (see Figure 2.8
for dwelling types).
2.79
"BOARDING OR ROOMING HOUSE" (see "BOARDING OR ROOMING HOUSE")
2.80
"DWELLING, ACCESSORY (see "ACCESSORY DWELLING")
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2.81
"DWELLING, APARTMENT" means a separate dwelling consisting of five or more
dwelling units, which units have a common entrance from the street level and the occupants
of which have the right to use in common halls and/or stairs and/or elevators and yards, but
does not include a boarding or rooming house.
2.82
"DWELLING CONVERTED" means a dwelling erected prior to the passing of this By-
law, including any additions thereto, constructed for permanent use and altered or
converted so as to provide therein a greater number of dwelling units.
2.83
"DWELLING, DOUBLE DUPLEX" means a dwelling that consists of two duplexes
attached to each other, or a building containing only two storeys exclusive of basement
divided vertically into four dwelling unit, each one of which has two complete walls in
common with adjoining units and an independent entrance with either directly or through a
common vestibule, and which building is occupied by not more than four households.
2.84
"DWELLING, DUPLEX" means a dwelling that is divided horizontally into two
dwelling units each of which has an independent entrance either directly or through a
common vestibule.
2.85
"DWELLING, GROUP" means a dwelling which is a part of a group of dwellings on
the same lot, which group of dwellings is comprised of multiple dwellings, or row-house
dwellings or maisonettes, or apartments, or any combination thereof.
2.86
"DWELLING, MAISONNETTE" means a dwelling that is divided into three or more
dwelling units, each of which has independent entrances, one to a common corridor and
the other directly to the outside yard area directly to the said dwelling unit. A maisonette
shall not be considered an apartment building for the purposes of this By-law.
2.87
"DWELLING, MOBILE HOME" (see "MOBILE HOME")
2.88
"DWELLING, MODULAR" means a dwelling unit other than a mobile home
constructed to a standard or constant specification, such that a distinct similarity is
maintained through a modular home development.
2.89
"DWELLING, MULTIPLE" means a dwelling designed, intended and used for
occupancy by three or more households living independently of each other but shall exclude
an apartment dwelling, row-house dwelling, maisonette dwelling, triplex, double-
duplex.
2.90
"DWELLING, PARK MODEL TRAILER" (see "PARK MODEL TRAILER")
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2.91
"DWELLING, ROW-HOUSE" means a dwelling that is divided vertically into three or
more dwelling units, each of which has independent entrances, to a front and rear yard
immediately abutting the front and rear walls of each dwelling unit.
2.92
"DWELLING, SEASONAL" means a dwelling constructed as a secondary place of
residence and not the principal place of residence of the owner or occupier thereof.
2.93
"DWELLING UNIT, SECOND" means a separate and self-contained dwelling unit
(e.g. includes cooking, sanitation and sleeping facilities) within a new or existing single
detached dwelling unit, semi-detached dwelling or row or townhouse dwelling that is
subordinate to the principle dwelling unit on the property
2.94
"DWELLING, SEMI-DETACHED" means a building that is divided vertically into two
dwelling units each of which has an independent entrance either directly or through a
common vestibule.
2.95
"DWELLING, SINGLE DETACHED" means a separate dwelling containing only one
dwelling unit.
2.96
"DWELLING, SPLIT LEVEL" means a dwelling in which the first floor above finished
grade is so constructed as to create two or more different levels, the vertical distance
between such levels being always less than the full storey. For the purpose of this By-law,
a split level dwelling shall be considered as a 1-storey dwelling.
2.97
"DWELLING, TWO-UNIT" means a dwelling designed, intended and/or used for
occupancy by two households living independently of each other including a duplex or
semi-detached dwelling.
2.98
"DWELLING, TRIPLEX" means a dwelling that is divided horizontally into three
dwelling units, each of which has an independent entrance either directly or through a
common vestibule.
2.99
"DWELLING UNIT" means one or more habitable rooms occupied or capable of
being occupied by an individual or group of persons as an independent and separate
housekeeping establishment in which separate kitchen and sanitary facilities are provided
for the exclusive use of such individual or group of persons, with a private entrance from
outside the building or from a common hallway or stairway inside the building.
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2.100 "DWELLING UNIT AREA" (see "FLOOR AREA, DWELLING UNIT")
Figure 2.8: Dwelling Types
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2.101 "EASEMENT" means the legal right acquired by contract to pass over, along, upon
or under the lands of another and shall be deemed to include an easement for a water,
sewer, gas or hydro or communications utility, drainage works, and a street.
2.102 "EATING ESTABLISHMENT" means a building or part of a building where food is
offered for sale or sold to the public and includes a restaurant, cafe, tea or lunchroom, dairy
bar, coffee shop, or refreshment room or stand; but does not include a boarding, or rooming
house.
2.103 "ERECT" when used in this By-law includes building, construction, reconstruction and
relocation, without limiting the generality of the word, also includes:
1.
To build, construct, reconstruct, alter and relocate and without limiting the generality of the
foregoing shall be taken to include any preliminary physical operation such as excavating,
grading, piling, cribbing, filling or draining, structurally altering any existing building or
structure by an addition, deletion, enlargement, extension and
2.
A work for which a building permit is required under the Building By-law of the Corporation.
2.104 "ERECTED" and "ERECTION" shall have a corresponding meaning.
2.105 "ESTABLISHED BUILDING LINE" means the average distance from the street line
of existing buildings on any one street providing access to 12 or less abutting lots where
more than half the frontage has been built upon, at the date of the final passing of this By-
law (see Figure 2.9).
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2.106 "ESTABLISHED GRADE" means:
When used with reference to a building, the average elevation of the finished level of the
ground adjoining a wall of the building, measured along the length of the wall, exclusive of
any artificial embankments, planters, berms or steps;
When used with reference to a structure, the average elevation of the finished surface of the
ground immediately surrounding such structure;
When used with reference to a street or highway, the elevation of the street or highway
established by a public authority. (See Figure 2.10)
Figure 2.9 Established Building Line
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2.107 "EXISTING" means existing as of the date of the final passing of this By-law.
2.108 "EXTERIOR SIDE LOT LINE" (see "LOT LINE, EXTERIOR SIDE")
2.109 "EXTERIOR SIDE YARD" (see "YARD, EXTERIOR SIDE")
2.110 "FENCE" means a physical barrier for enclosing, bounding, delineating or protecting
land.
2.111 "FLEA MARKET" means an occasional or periodic market held in a building and/or
open area where groups of individual sellers offer goods, new and used, for sale to the public.
2.112 "FLOOD ELEVATION OR FLOODLINE" means a line established by a one in one
hundred year storm as established by flood plain mapping or by an appropriate public
authority.
2.113 "FLOODING HAZARDS"
Means the inundation of areas adjacent to a shoreline or river or stream system and not
ordinarily covered by water along river and stream systems, the flooding hazard is the
greater of the flood resulting from the rainfall experienced during a major storm such as the
Timmins Storm (1961), transposed over a specific watershed and combined with the local
conditions, where evidence suggests that the storm event could have potentially occurred
over watersheds in the general area; or the one hundred year flood; or a flood which is the
greater of the above which was actually experienced in a particular watershed
Figure 2.10 Established Grade
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or portion thereof as a result of ice jams and which has been approved as a standard for that
specific area by the Ministry of Natural Resources and Forestry (see Figure 2.11).
2.114 FLOOD PLAIN
For river, stream and small inland lake systems, means the area, usually low lands adjoining
a watercourse, which has been or may be subject to flooding hazards.
2.115 "FLOOD PROOFING" means a combination of structural changes and/or
adjustments incorporated into the basic design and/or construction or alteration of
individual buildings, structures or properties subject to flooding so as to reduce or
eliminate flood damages.
Figure 2.11 Flooding Hazard
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2.116 "FLOOR AREA, GROSS" means the number of square feet of total area bounded by
the exterior faces of the building (see Figure 2.12).
2.117 "FLOOR AREA, DWELLING UNIT" means the total area of all floors contained within
the outside walls or required fire separations of a building, excluding the floor area of a
private garage, porch, veranda, unfinished attic, cellar, or except in the case of a
permitted apartment, the basement.
2.118 "FLOOR AREA, NET" means the aggregate of the areas of each floor above grade,
except in the case of an apartment building where part of a basement is used for habitable
purposes in which case such area shall constitute part of the gross floor area, measured
between the exterior faces of exterior walls of the building or structure at the level of each
floor, including any part of the building or structure above grade used for the storage or
parking of motor vehicles, locker storage and laundry facilities, but excluding any part of
the building or structure used for retail commercial purposes open to the public and any
areas used for recreational or mechanical purposes.
2.119
"FLOOR SPACE, COMMERCIAL" means the total floor area of a commercial
building including any basement area designed or used for commercial purposes but
excluding the exterior walls of the building furnace room, laundry room, or washroom,
stairwell or elevator, shaft, or any area the permanent use of which is designated for storage
space.
2.120 "FORESTRY USE OR FORESTRY" means the general raising, management and
harvesting of wood and shall include the raising and cutting of fuel wood, pulpwood,
Figure 2.12 Gross Floor Area
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sawlogs, Christmas trees, other forestry products and silviculture or forest management
practices.
2.121 "FRONTAGE, LOT" (see "LOT, FRONTAGE")
2.122 "FUNERAL PARLOUR" means a building or part of a building used to prepare,
preserve and display human remains for a limited period of time and may include subsidiary
activities such as the sale of caskets and funeral accessories provided such activities are
clearly secondary and incidental to the foregoing uses and which accommodate mourners
and other persons who may visit during funeral and memorial services.
2.123 "GARAGE, PRIVATE" means an accessory building or portion of a building
including a carport which is designed or used for the sheltering of private motor vehicles
and the storage of household equipment incidental to residential occupancy and in which
there are no facilities for repairing or servicing vehicles or equipment for remuneration or
gain.
2.124 "GARAGE, PUBLIC" means a building other than a private garage which is used
for the servicing and minor repairing or equipping essential to the actual operation of motor
vehicles or where such motor vehicles are parked or stored for remuneration, hire or sale,
and including the repairing of motor vehicle bodies.
2.125 "GARDEN SUITE" means a one-unit detached residential building containing
sanitary and kitchen facilities that is accessory to an existing permanent residential building
and that is designed to be portable.
2.126 "GASOLINE BAR OR GAS BAR" (see "AUTOMOTIVE GASOLINE BAR")
2.127 "GEOTHERMAL POWER FACILITY" means a heating facility such as a heat pump
whose energy source is naturally created from the earth's crust.
2.128 "GOLF COURSE" means a public or private area operated for the principle use of
playing the sport of golf but may also include a driving range, par 3 golf course, miniature
course and such accessory buildings and structures as are necessary for the operation and
maintenance of the golf course including club house facilities, a restaurant, banquet,
conference and other uses of a social, recreational and entertainment nature normally
associated with golf course development.
2.129 "GRADE, FINISHED" means
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a)
the elevation of the finished surface of the ground at the base of all exterior
walls of a building or structure.
b)
when used with reference to a street or highway, the elevation of the street
or highway established by the Ministry of Transportation or other designated public
authority.
2.130 "GRANNY FLAT" (see "GARDEN SUITE")
2.131 "GRAVEL PIT OR QUARRY" means any pit or excavation made for the purpose of
searching for, or the removal of any soil, earth, clay, marl, sand, gravel or rock for commercial
purposes but shall not include an excavation incidental to the construction or alteration of
a building for which a building permit has been granted, or an excavation incidental to the
construction of a street, right-of-way or public utility.
2.132 "GREEN ENERGY INDUSTRIES" means a building or structure in which products
are manufactured for the generation of electricity from non-polluting or renewable source
(i.e. wind, sun, geothermal, biomass). Products manufactured by a renewable energy industry
may include but are not limited to solar panels, wind turbines, geothermal equipment, and
parts or components thereof.
2.133 "GROUP HOME" means a single housekeeping unit in a residential dwelling in which
three (3) to ten (10) persons (exclusive of supervisory staff or operating staff) live under
supervision consistent with the particular needs of its residents and which is licensed and/or
approved under Provincial Statutes and in compliance with municipal by-laws.
2.134 "GUEST HOUSE" means living quarters, having no kitchen facilities, located on the
same premises with a main building and occupied for the sole use of members of the family,
temporary guests or persons permanently employed on the premises.
2.135 "HABITABLE ROOM" means a room designed for living, sleeping, eating, or food
preparation, including a den, library, sewing room or enclosed sunroom that is habitable in
all seasons of the year.
2.136 "HAZARDOUS LANDS" means property or lands that could be unsafe for
development due to naturally occurring process including lands in a flood plain or subject
to a flooding hazard or erosion hazard and shall include unstable soils and unstable
bedrock.
2.137 "HAZARDOUS SUBSTANCES" means substances which individually, or in
combination with other substances are normally considered to pose a danger to public
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health, safety and the environment. These substances generally include a wide variety of
materials that are toxic, ignitable, corrosive, reactive, radioactive or pathological.
2.138 "HEIGHT OF BUILDING" means the vertical height from the finished grade at the
front of the building and,
1.
In the case of a flat roof, the highest point of the roof surface or the parapet, whichever is the
greater;
2.
In the case of a mansard roof, the deck roof line; and
3.
In the case of a gable, hip or gambrel roof, the mean heights between the eaves and ridge
exclusive of any
accessory roof construction such as a chimney tower, steeple or
television antenna (see Figures 13A and 13B).
Figure 2.13 B Building Height
Figure 2.13 A Building Height
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2.139 "HIGH WATER MARK" means the mark made by the action of water under natural
conditions on the shore or bank of a body of water which action has been so common and
usual 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.
Features shall also include a naturel line or mark impressed on the bank or shore or rock, or
other distinctive physical characteristics.
2.140 "HIGHWAY SERVICE CENTRE" means a building or place which is used for the
servicing and minimum repairs of motor vehicles including uses normally associated with
an automobile service station and the overnight parking of commercial motor vehicles and
may include an eating establishment and an area for the overnight sleeping
accommodation of operations of commercial motor vehicles. For the purposes of this By-
law, a highway service centre includes an automotive gasoline bar and an automotive
service station.
2.141 "HOBBY FARM" means land on which an agricultural use shall be permitted which
may include a limited number of animals kept primarily for recreational purposes or home
consumption by the occupants of the dwelling on the same lot, and which is clearly
accessory to the permitted residential use. (As amended by By-law 4430)
2.142 "HOME BASED BUSINESS" means an occupation, business, trade or craft conducted
for gain or profit as an accessory use to a dwelling unit by one or more persons residing
therein. "HOME INDUSTRY" OR "HOME OCCUPATION" (see "HOME BASED
BUSINESS") (As amended by By-law 4430)
2.143 "HOSPITAL" Means a regulated institution under the Public Hospitals Act, R.S.O.
1990, c.P.40, the Private Hospitals Act, R.S.O 1990, c.P.24, the Mental Health Foundation Act,
R.S.O. 1990, c.D.26 and the Community Psychiatric Hospitals Act, R.S.O 1990, c.P.21
established to deliver health care services.
2.144 "HOTEL" means a building used for the accommodation of the travelling or
vacationing public, with or without accessory uses such as a restaurant, meeting rooms,
swimming pool, facilities for the temporary exhibition and sale of goods on an intermittent
basis, premises licensed under the Liquor License Act and includes any establishment
containing guest rooms which is defined as a "Hotel" in the Hotel Registration of Guests Act,
R.S.O.1990, H.17and shall also include a motel and hostel, but shall not include any
residential use or boarding house use.
2.145 "INDUSTRIAL USE" means the use of land, building or structure designed for the
purpose of manufacturing, assembling, making, preparing, inspecting, ornamenting,
finishing,
treating,
altering,
repairing,
warehousing,
storing
or
adapting
for
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sale of any goods, substance, article or thing, or any part thereof and the storage of building
and construction equipment and materials, or cannabis cultivation and processing facilities,
as distinguished from the buying and selling of commodities and the supplying of personal
services and shall include printing. (As amended by By-law 4430
2.146 "INSTITUTIONAL USE" means land, building, structure or part thereof used by any
government agency, organization, group or association, for the promotion of religious,
charitable, educational, medical, benevolent objectives or public service and which is not
operated for profit or gain.
2.147 "INTERIOR LOT" (see "LOT, INTERIOR")
2.148 "INTERIOR SIDE LOT LINE" (see "LOT LINE, INTERIOR SIDE")
2.149 "KENNEL" means a commercially operated building or indoor or outdoor structure,
including but not limited to outdoor fenced run areas, where animals, birds or other livestock
intended or used as domestic household pets are kept, boarded or bred but does not include
an animal hospital or veterinary establishment. (As amended by By-law 4430)
2.150 "LANDSCAPING" means a combination of trees, shrubs, flowers, grass or other
horticultural elements, together with decorative stonework, paving, screening or other
architectural elements, all of which is designed to enhance the visual amenity of a property
and to provide a screen to mitigate any objectionable aspects that may detrimentally affect
adjacent lands.
2.151 "LANE" means a public thoroughfare which affords only a secondary means of access
to abutting lots and which is not intended for general traffic circulation.
2.152"LAUNDROMAT" means a self-serving clothes washing establishment containing one
or more washers and drying, ironing, finishing or other incidental equipment, and may
include a laundry receiving depot.
2.153 "LAUNDRY AND DRY CLEANING ESTABLISHMENT" for the purpose of receiving
articles or goods of fabric to be subjected to the process of laundering, dry cleaning, dry
dyeing or cleaning elsewhere, and for the pressing and distribution of any such articles or
goods which have been subjected to any such process and shall include a self-service laundry
and/or self-service dry cleaning.
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2.154 "LAUNDRY PLANT" a building or structure in which the business of a laundry is
conducted on the ground floor in which only water and detergent is used, and where the
drying, ironing and finishing of such goods are conducted.
2.155 "LOT" means a parcel of land;
Described in a deed or other document legally capable of conveying land in accordance with
the Planning Act, or;
Shown as a lot or block on a registered plan of subdivision;
Standard waterfront means a lot which has water access on one shoreline only (see Figures
2.14 and 2.15).
1.
2.128
"LOT AREA" means the total horizontal area within the lot lines of a lot. In
the case of a corner lot having a street line rounding at the corner of a radius of 6 m (19.70
ft.) or less, the lot area of such lot shall be calculated as if the lot lines were produced to
their point of intersection (see Figure 2.4). (As amended by By-law 4430)
Figure 2.14 Lot Definitions
Figure 2.15 Lot Frontage and Lot Depth
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Figure 2.16 Waterfront Lots
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2.156 "LOT, CORNER" means a lot situated at the intersection of, and abutting upon, two
or more streets, provided that the interior angle of intersection of such streets is not more
than 135 degrees (see Figure 2.14).
2.157 "LOT COVERAGE" means that percentage of the lot area covered by the
perpendicular projections onto a horizontal plane of the area of all buildings.
2.158 "LOT, DEPTH" means the horizontal distance between the front and rear lot lines.
Where these lines are not parallel, it shall be the length of a line joining the mid-points of
the front and rear lot lines (see Figure 2.15).
2.159 "LOT FRONTAGE" means the horizontal distance between the side lot lines of a lot
measured at right angles, but where such lot lines are not parallel, the lot frontage shall be
the minimum distance between the side lot lines measured on a straight line back from,
and parallel to a line joining the intersections of the side lot lines with the front lot line in
accordance with the front yard setback requirements of the subject zone (see Figure 2.15).
2.160 "LOT, INTERIOR" means a lot other than a corner lot (see Figure 2.14).
2.161 "LOT LINE, EXTERIOR SIDE" means a side lot line which abuts the street on a corner
lot (see Figure 2.14).
2.162 "LOT LINE, FRONT" means:
In the case of an interior lot, the line dividing the lot from the street, private road,
registered right-of-way, Crown shoreline reserve or high water mark;
In the case of a corner lot, the shorter lot line abutting a street, registered right-of-way,
Crown shoreline reserve or high water mark shall be deemed to be the front lot line;
In the case of a corner lot with two street lines of equal lengths, the lot line that abuts the
wider street, or abuts a Provincial highway shall be deemed to be in the front lot line, and
in the case of both streets being under the same jurisdiction and of the same width, the lot
line where the principal access to the lot is provided shall be deemed to be the front lot
line;
In the case of a private road, the lot line adjacent to the entrance shall be deemed to be
the front lot line;
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In the case of a standard waterfront lot, the shoreline shall be deemed to be the front lot
line (see Figure 2.16).
In the case of a through waterfront lot, the longest shoreline shall be deemed to be the
front lot line (see Figure 2.16).
2.163 "LOT LINE, INTERIOR SIDE" means a lot line other than a front lot line or rear lot
line (see Figure 2.14).
2.164 "LOT LINE, REAR" means, in the case of a lot having four (4) or more lot lines, the
lot line farthest from and opposite to the front lot line. If a lot has less than four (4) lot
lines, there shall be deemed to be no rear lot line (see Figure 2.14 and Figure 2.15).
2.165 "MAIN WALL" means the exterior front, side or rear wall of a building, and all
structural members essential to the support of a fully enclosed space or roof, where such
members are nearer to a lot line than the said exterior wall.
2.166 "MARINA" means an establishment where boat house, boat storage, pier, dock
or jetty facilities are available for any type of marine pleasure crafts and may include fuel
pumps and facilities for the sale, servicing, repair and maintenance of marine craft and may
include buildings or structures for the supply of marine craft accessories or refreshments and
may include an eating establishment.
2.167 "MEDICAL CENTRE" (see "CLINIC")
2.170 "MEDICAL MARIJUANA FACILITY" means a premise approved and regulated
under the Canada Food and Drugs Act and associated Food and Drug Regulations.
2.171 "MICROBREWERY" means a commercial operation where beer is produced at a
small scale. A microbrewery may be permitted to sell the product that is produced on-site
provided that there is no consumption of the purchased product on-site other than
sampling. A bar, pub or brewpub shall not be considered a microbrewery. A microbrewery
may also sell retail items directly related to the operation on-site.
2.172 "MINE" means a mine as defined in the Mining Act. Mining shall have a similar
meaning.
2.173 "MINE HAZARD" means any feature on a mine as defined under the Mining Act or
any related disturbance of the ground that has not been rehabilitated.
2.174
"MINERAL AGGREGATE OPERATION" means:
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Lands under license or permit, other than for wayside pits and quarries, issued in
accordance with the Aggregate Resources Act, or successors thereto, or a pits and quarries
control By-law enacted under the Municipal Act; and
Associated facilities used in extraction, transport, beneficiation, processing or recycling of
mineral aggregate resources and derived products such as asphalt and concrete, or the
production of secondary related products.
2.175 "MINERAL MINING OPERATION" means a mining operation and associated
facilities, or, a past producing mine with remaining mineral development potential that has
not been permanently rehabilitated to another use.
2.176 "MINIMUM DISTANCE SEPARATION FORMULAE I AND II" means formulae
developed by the Province to separate uses so as to reduce incompatibility concerns about
odour from livestock facilities.
2.177 "MOBILE HOME" means any dwelling that is designed to be made mobile and
constructed or manufactured to provide a permanent residence for one or more persons,
but does not include a travel trailer or recreational vehicle otherwise designed (see
photos).
2.178 "MOBILE HOME PARK" means a parcel of land under single ownership which has
been planned and improved for the placement of mobile homes for permanent residential
use.
2.179 "MOBILE HOME SITE" means a parcel of land for the placement of a single mobile
home and the exclusive use of its occupants.
2.180 "MOTEL" means an establishment catering primarily to the travelling public by
supplying overnight sleeping accommodation with or without cooking facilities.
2.181 "MOTOR VEHICLE OR VEHICLE" means an automobile, commercial vehicle, truck,
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recreational vehicle, transport tractor, farm tractor, road building machine, bicycle and any
vehicle drawn, propelled or driven by any kind of power, including muscular power, but does
not include a snowmobile or a street car. A motor vehicle may include a self-propelled
travel trailer.
2.182 "NON-COMPLYING" means that which does not comply with the regulation of this
By-law as of the date of the final passing thereof.
2.183 "NON-CONFORMING" means an established use which is not a permitted use in
the zone in which the said use is situated at the date of final passing of this By-law.
2.184 "NURSING HOME" means a building in which the proprietor supplies for hire or
gain, lodging with or without meals and, in addition provides nursing, medical or similar care
and treatment, if required, and includes a rest home or convalescent home, but does not
include any other establishment otherwise defined or classified herein (see "CONTINUUM-
OF-CARE FACILITY").
2.185 "OFFICIAL PLAN" means the Official Plan of the Kapuskasing and District Planning
Area or parts thereof and amendments thereto.
2.186 "OFFICE" (see "BUSINESS OR PROFESSIONAL OFFICE")
2.187 "OPEN SPACE USEABLE" means open unobstructed space on the site which is
suitable for landscaping, including any part of the site occupied by recreational accessory
buildings, any surfaced walk, patio or similar area, any sports or recreational area, any
ornamental or swimming pool, and the roof or other part of a building or structure open
to the air and suitable for landscaping and used as a recreational area, but excluding any
driveway or ramp, whether surfaced or not, any curb, retaining wall, motor vehicle parking
area, or loading space.
2.188 "OPEN STORAGE" means the storage of goods, merchandise or equipment outside
of a building or structure on a lot or portion thereof, including such uses as building materials
supply yards but does not include the outdoor display of a limited number of samples of
goods, merchandise or equipment for the purpose of sales and advertisement or the storage
of vehicles or equipment for sale or repair. This definition shall not include the open
storage of goods or equipment incidental to the residential occupancy of the lot, a parking
area or a parking space or a storage use or area located inside a building.
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2.189 "ORDER STATION" means an ordering
box, service window, display board or any
other
device,
including
communication
equipment, used by the public and operator to
facilitate sales and/or services in a drive-
through service facility (see photo).
2.190 "OUTDOOR DISPLAY" means an area
set aside outside of a building or structure,
other than a parking area, loading space or
parking space which is used in conjunction with a business located within the building or
structure on the same property, for the display of goods, merchandise, equipment and
seasonal produce and products and may include garden supplies and Christmas trees, new
merchandise or the supply of services.
2.191 "PARK MODEL TRAILER" means a trailer as defined under Section 9.39.1.1 of the
Ontario Building Code as a manufactured building used or intended to be used as a seasonal
recreational building of residential occupancy and as the principal place of residence of the
owner or occupier thereof, despite that the owner or occupant has a secondary place of
residence elsewhere which is occupied by such owner or occupant for extended periods of
time.
2.192 "PARK, PUBLIC" means a recreational area owned or controlled by the Corporation
or by any Board, Commission or other Authority established under any statute of the
Province of Ontario.
2.193 "PARK, PRIVATE" means a recreational area other than a public park and may
include therein one or more swimming pools, wading pools, picnic areas, refreshment
rooms, tent camping areas, boating facilities, tennis courts, bowling greens, golf courses or
similar open space uses.
2.194 "PARKING AREA" means an open area, other than a street, used for the temporary
parking of two or more motor vehicles, and may include a premise for paid parking.
2.195 "PARKING LOT" means the same as parking area, as defined in this By-law.
2.196 "PARKING SPACE" means a space, exclusive of driveways, ramps or columns, to
park one vehicle for purposes other than the display or offering for sale of commodities.
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2.197 "PARKING SPACE, BARRIER FREE" means a parking space designated for the
exclusive use of the physically challenged or disabled person (see photos).
2.198 "PERMITTED" means permitted by this By-law.
2.199 "PERMITTED USE" means a use which is permitted in the zone where such use is
located.
2.200 "PERSON" means an individual, association, firm, partnership, corporation, trust,
organization, trustee or agent, and the heirs, executors or legal representatives of the person
to whom the context can apply according to law.
2.201 "PERSONAL SERVICE SHOP" means a building or part of a building in which
persons are employed in furnishing services and otherwise administering to the individual
and personal needs of persons and includes barber shops, beauty parlours, laundromats,
shoe repair shops and depots for collecting dry cleaning and laundry, haberdashery and
similar uses.
2.202 "PET GROOMING ESTABLISHMENT" means premises wherein cleaning, clipping
and grooming services are provided for domestic pets, but shall not include a kennel.
2.203 "PIT" means land or land under water from which aggregate as defined herein is
being or has been excavated in order to supply material for construction, manufacturing or
industrial purposes, but shall not include rehabilitated land or an excavation incidental to
the erection of a building or a structure for which a building permit has been granted by
the Corporation, or an excavation incidental to the construction of any public works.
2.204 "PLACE OF ENTERTAINMENT" means a motion picture or other theatre, arena,
auditorium, public hall, billiard or pool room, bowling alley, ice or roller rink, exhibition
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grounds, golf driving range, miniature golf course, archery range, shooting gallery, arcade,
dance hall or music hall, but does not include an adult video game establishment for the
viewing or sale of erotica or pornography or an adult entertainment parlour in which is
provided services, a trade, calling, business or occupation, goods or services appealing to or
designed to appeal to erotic or sexual appetites or inclinations.
2.205 "PLACE OF WORSHIP" means a building dedicated to a religious worship and may
include a church hall, church auditorium, Sunday school, nursery school, convent, monastery,
or parish hall.
2.206 "PLANNING BOARD" means the Kapuskasing and District Planning Board.
2.207 "PLANT, CONCRETE" means a building or structure used for the manufacturing of
concrete in a form suitable for the immediate use in the construction of buildings,
structures, roads or driveways.
2.208 "PLAYGROUND" means a park or part thereof which is equipped with active
recreational facilities oriented to children.
2.209 "POINT OF INTERSECTION" means the point at which street lines abutting a corner
lot intersect, or, the intersection of the projection or tangent of the street lines.
2.210 "PORCH OR VERANDAH" means a structure with a roof and at least one side that
is open and unenclosed that is accessed by stairs from grade and which provides access to
a building. (As amended by By-law 4430)
2.211 "PORTABLE ASPHALT PLANT" means a facility:
With equipment designed to heat and dry aggregate and to mix aggregate with bituminous
asphalt to produce asphalt paving material, and includes stockpiling and storage of bulk
materials used in the process;
Which is not of permanent construction but is designed to be dismantled at the completion
of the construction process.
2.212 "PORTABLE CONCRETE PLANT" means a building or a structure with equipment
designed to mix cementing materials, aggregate, water and admixtures to produce
concrete, and includes stockpiling and storage of bulk materials used in the process and
which is not of permanent construction, but which is to be dismantled at the completion of
the construction process.
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2.213 "PREMISES" means the area of a building and lot occupied by a business or
enterprise. In a multiple tenancy building occupied by more than one business, each
business area shall be considered separate premises.
2.214 "PRIVATE ROAD" means a private right-of-way over private property which affords
access to two or more abutting lots or a road created through the registration of a plan of
condominium, but does not include a road established or maintained by a public authority.
.
2.215 "PRIVATE CLUB" (see "CLUB")
2.216 "PROFESSIONAL OFFICE" (see "BUSINESS OR PROFESSIONAL OFFICE")
2.217 "PROVING GROUND" means the use of land, buildings and structures for the design,
development and testing of automotive passenger, commercial and trucking vehicles,
earthmoving and allied vehicles and equipment, military vehicles and equipment, self-
propelled vehicles and stationary engines, including any necessary research and the
construction and development of related instruments and equipment together with the use
of test track and related facilities by and for any of the aforementioned vehicles or
equipment.
2.218 "PUBLIC ACCESS POINT" means public land designated by the appropriate
authority and developed and maintained by the authority as a public access to a navigable
waterbody.
2.219 "PUBLIC AUTHORITY" means any School Board, Transportation Commission, Public
Library Board, Board of Parks Management, Board of Health, Board of Commissioners of
Police, Planning Board or other board or commission or committee of a local authority
established or exercising any power of authority under any general or special Statute of
Ontario with respect to any of the affairs or purposes of a municipality or a portion thereof,
and includes any committee or local authority established by by-law of the Council. (As
amended by By-law 4430)
2.220 "PUBLIC GARAGE (see "GARAGE, PUBLIC")
2.221 "PUBLIC HALL" (see "COMMUNITY CENTRE" or "INSTITUTIONAL USE")
2.222 "PUBLIC STREET OR PUBLIC HIGHWAY" (see "STREET")
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2.223 "PUBLIC SERVICE USE" means any use of land, buildings or structures by or on
behalf of the municipality, a public authority and a public utility. (As amended by By-law
4430)
2.224 "PUBLIC UTILITY" means a water works or water supply system sewage works,
electrical power or energy generating transmission or distribution system, street lighting
system, natural or artificial gas works or supply system, a transportation system or a
telephone system, scientific research system, and includes any lands, buildings or equipment
required for the administration or operation of any such system.
2.225 "QUARRY" means any pit or excavation made for the purpose of searching for, or
the removal of any soil, earth, clay, marl, sand, gravel or rock for commercial purposes but
shall not include an excavation incidental to the construction or alteration of a building for
which a building permit has been granted, or an excavation incidental to the construction of
a street, right-or-way or public utility.
2.226 "QUONSET HUT" means a semi cylindrical metal shelter made of corrugated steel
sheet and end walls, and used for storage (see photos).
2.227 "REAR LOT LINE" (see "LOT LINE, REAR")
2.228 "REAR YARD" (see "YARD, REAR")
2.229 "RECREATIONAL EQUIPMENT" means a portable structure, vessel or vehicle that
is designed and built to be carried by a motor vehicle, or a unit designed and built to be
transported or operated under its own power or propelled power, for the purposes of
providing recreation enjoyment or travel, and may include boats, boat or vehicle trailers,
personal water craft, snowmobiles, all-terrain vehicles (ATVs) or other equipment used for
recreational purposes and which are normally stored or parked on a lot.
2.230 "RECREATIONAL VEHICLE" means any vehicle so constructed that is suitable for
being attached to a motor vehicle for the purpose of being drawn or is propelled by the
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motor vehicle and is capable of being used for living, sleeping, eating or accommodation
of persons on a temporary, transient or short term basis, even if the vehicle is jacked up or
its running gear is removed. Examples include a motor home, tent trailer, a camper trailer, a
recreational trailer, a fifth wheel or a bus converted into a motor home. For the purposes of
this definition, a recreational vehicle shall be considered a structure for the purposes of
establishing setbacks only. A recreational vehicle shall not be deemed to include a mobile
home. The definition of a recreational vehicle shall not be interpreted to include
recreational equipment (see photos).
2.1231
"RECREATIONAL
VEHICLE
SALES,
STORAGE
AND
SERVICE
ESTABLISHMENT" means a premise which is used for the display, storage and/or sale and
service of boats, trailers, campers, snowmobiles and other recreational vehicles.
2.232 "RECYCLING DEPOT OR TRANSFER STATION" means a special waste
management facility which only serves as a temporary storage site for clean materials such
as glass, paper, cardboard, plastic, white goods, metal, electronics and other similar products
which will be transferred to another location for reuse. This definition does not include any
other type of waste management system.
2.233 "REDEVELOPMENT" means the removal or rehabilitation of buildings or structures
and the construction, reconstruction or erection of other buildings or structures in their
place.
2.234 "REGISTERED RIGHT-OF-WAY" means a right enjoyed by a person of passing over
another person's land subject to such condition and restrictions as are specified by grants,
sanctioned by custom or by whatever other means, by virtue of which the right exists, and
the boundaries of which land are defined in the last registered instrument by which legal or
equitable title to the said land was lawfully and effectively conveyed.
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2.235 "RENEWABLE ENERGY SYSTEM" means a system that generates electricity, heat
and/or cooling from a renewable energy source.
2.1236
"RESIDENTIAL USE" means the use of land, buildings or structures for
human habitation or as a dwelling.
2.237 "RESORT COMMERCIAL ESTABLISHMENT" means a use, buildings or structures
designed or used for the accommodation of the travelling or vacationing public and may
include self-contained cabins, cottages, a lodge, campground as well as ancillary
recreational or other uses associated with angling, hunting, snowmobiling, skiing, mountain
hiking, hiking, eco-tourism, outfitting and other similar outdoor recreational activities.
Ancillary uses may also include a restaurant, dining or grocery, rental equipment and
supplies.
2.238 "RETAIL SALES OUTLET" means a building or part of a building in which goods,
wares, merchandise, substances, articles or things are offered or kept for sale at retail but
does not include any establishment otherwise defined or classified herein.
2.239 "RETAIL STORE" means a building wherein goods, wares, merchandise, substances
(including cannabis), or articles are offered for sale to the general public, and may include
the storage of goods, wares, merchandise, substances or articles, and shall not include any
other use defined herein. (As amended by By-law 4430)
2.240 "ROAD" (see "STREET")
2.241 "SALVAGE YARD (WRECKING YARD)" means a lot and/or building or portion
thereof where used goods, wares, merchandise or articles are processed or sold for further
use, dismantled or abandoned or for the sale, dismantling, demolition or abandonment of
automobiles or other vehicles, machinery or parts thereof.
2.242 "SATELLITE DISH/RECEIVER" means a structure designed and used for the
reception of television signals from a communication satellite.
2.243 "SAUNA" means an accessory building or structure wherein facilities are provided
for the purpose of a steam bath and may include a change room and shower and may be
constructed as part of a boat house.
2.244 "SAWMILL OR PLANING MILL" means a building, structure or area where timber is
cut or sawed, either to finished lumber or as an intermediary step.
2.245 "SAWMILL, PORTABLE" means equipment which is portable (e.g. may be drawn
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by a motor vehicle) and is used on a temporary basis for the cutting of saw logs
2.246 "SCHOOL" means a Provincially-approved institution for academic instruction and
shall include a public, private or separate school, a vocational school, or a post-secondary
school such as a college or university.
2.247 "SEMI-DETACHED DWELLING" (see "DWELLING, SEMI-DETACHED")
2.248 "SEATING CAPACITY" means the number of persons which can be accommodated
in a building or structure or part thereof in a seated position on chairs, benches, forms or
pews.
2.249 "SECURITY GATE" means a gate which can be locked and only accessible with a key
to prevent entry of unwanted person(s).
2.250 "SELF-STORAGE
FACILITY"
means
a
commercial building or part of a building wherein
items are stored in separate, secured storage areas or
lockers and may include the exterior storage of boats
and
water-related
equipment,
recreational
equipment and travel trailers (see photo).
2.251 "SENSITIVE LAND USE" means buildings, amenity areas, or outdoor spaces where
routine or normal activities occurring at reasonably expected times would experience one or
more adverse effects from contaminant discharges generated by a nearby major facility.
Sensitive land uses may be a part of the natural or built environment.
2.252 "SEPARATION
DISTANCE"
means
the
horizontal distance between buildings or structures
or physical features measured from the closest point
of the exterior wall or identifiable boundary of such
building or structure, or of such physical structure.
2.253 "SERVICE OR REPAIR SHOP" means a building or part of a building not otherwise
classified or defined in this By-law and whether conducted in conjunction with a retail shop
or not for the servicing or repairing of articles, goods, materials and includes
Examples of sensitive land uses
may include, but are not limited
to: residences, day care centers,
and
educational
and
health
facilities.
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an appliance store, auto and tire supply, dry cleaners, electrical store, plumber, electronic
equipment sales, sign painter and tool sharpener, but does not include the manufacture of
articles, goods or materials.
2.254 "SETBACK" means:
With reference to a street, the least horizontal distance between the front lot line and the
nearest building line.
With reference to a water body, the least horizontal distance between the high water mark
and the nearest building line setback, whichever is nearest.
With reference to a building, structure or land use and not applicable under paragraph (a)
or (b), shall mean the least horizontal distance from the building, structure or land use in
question; and
With reference to a private road, shall mean the least horizontal distance between the edge
of the travelled portion of the road or surveyed boundary of any building or structure, or
the limit of the road as shown and measured on a survey.
2.255 "SHOOTING RANGE OR RIFLE CLUB" means the use of land, buildings, structures
or premises for commercial or private recreational target practice, skeet shooting, pistol
shooting, rim fire and centre fire, a sporting clay range rifle shooting, archery, gun or hunter
safety instruction and may include accessory facilities.
2.256 "SHOPPING CENTRE" means an integrated commercial development having a total
enclosed floor space of more than 1,400 m² (15,070 ft.²) which have been designed, and
developed to permit a wide range of retail, service and office commercial uses.
2.257 "SHORELINE" means those lands extending from the high water mark which have
potential and direct significant impact on nearshore waters and the shore ecosystem through
run-off, and where land use activity is primarily water oriented.
2.258 "SHORELINE BUFFER ZONE" means a natural area, adjacent to a shoreline,
maintained or re-established in its natural pre-development state, with the exception of
minimal pruning of vegetation, the removal of trees for safety reasons, for the purpose of
protecting natural habitat and water quality and minimizing the visual impact of buildings
or structures on a lot, and may include the installation of a pathway or trail providing water
access.
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2.259 "SIGHT TRIANGLE" means a triangle that is formed by the intersection of the
boundaries of two streets, and a line joining two points that are 7.5 m (24.6 ft.) back from
the intersection (see Figure 2.17). (As amended by By-law 4430)
2.260 "SIGN" means a name, identification, description, device, display, or illustration which
is affixed to, or represented directly or indirectly upon a building, structure or lot and which
directs attention to an object, product, place, activity, person, institution, organization or
business.
2.261 "SOLAR COLLECTOR" means a non-commercial Class 1 or 2 ground mounted or
rooftop mounted or wall mounted device under the Green Energy and Green Economy Act,
2009 with a name plate capacity of less than or equal to 10 kW consisting of photovoltaic
panels that collect solar power from the sun (see photos for examples).
Figure 2.17 Sight Triangle
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2.262 "SOLAR COLLECTOR, COMMERCIAL" means a Class 3 ground mounted device
under the Green Energy and Green Economy Act, 2009 with a name plate capacity of less
than or equal to 10 kW consisting of photovoltaic panels that collect solar power from the
sun (see photos for examples).
2.263 "SOLARIUM" means a glassed-in structure or room projecting from an exterior or
main wall of a building which may be used for sunning, therapeutic exposure to sunlight,
or for a use where the intent is to optimize exposure to sunlight.
2.264 "SPORTS PLAYING FIELD" means an open space set aside for the playing of sports
and may include benches or bleachers for spectators but where there is no provision made
for spectators. This definition excludes an area set aside for a similar compatible use which
is subsidiary to an institutional use.
2.265 "STACKING LANE" means an area of land that is used exclusively for motor vehicles
Figure 2.18 Stacking Lanes
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whose occupants are waiting to be provided with goods, materials or services at a drive-
through facility and is comprised of stacking spaces and an access aisle (see Figure 2.18).
2.266 "STACKING SPACE" means a portion of a stacking lane which provides standing
room for motor vehicles in a queue for a drive-through facility while the occupants are
awaiting service.
2.267 "STORAGE CONTAINER" means a prefabricated new or used metal container or
cargo box designed for the transportation or shipping of goods or for the storage of goods,
merchandise or materials and may include a Sea-Can or shipping container but shall not
include a motor vehicle, a dumpster, or recycling receptacle (see photos)
2.268 "STORAGE TRAILER" means any unlicensed trailer, a mobile storage trailer, truck
trailer, or tractor-trailer, whether or not same is mounted on wheels that is used or intended
to be used for the storage of goods, merchandise or materials (see photos).
2.269
"STORAGE INDUSTRY" means an industry engaged in the activity of storing
materials, goods, or produce to preserve them in a condition or form that makes them usable
at a later date, and includes whatever treatment or packaging may be necessary for storage.
2.270 "STORE, RETAIL" (see "RETAIL STORE")
2.271 "STORE, RETAIL CONVENIENCE" (see "CONVENIENCE STORE")
2.272 "STOREY" means the portion of the building other than the cellar which lies
between the surface of the floor and the surface of the next floor above it, or if there is
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no floor above it, then the space between such floor and the ceiling or roof next above it
(see Figure 2.19).
2.273 "STOREY, FIRST" means the lowest storey of a building.
2.274 "STOREY, ONE-HALF" means the portion of building situated wholly or in part
within the sloping roof and in which there is sufficient space to provide a height between
finished floor and finished ceiling of at least 2.3 m (7.54 ft.) over a floor area equal to at least
50% of the area of the floor next below. (As amended by By-law 4430)
2.275 "STORM SEWER" means a sewer which carries storm surface waters and drainage.
2.276 "STREET" means a public highway that is a principal means of access to abutting
lots, that is under the jurisdiction of the Province of Ontario or "The Corporation of the Town
of Kapuskasing or a Local Roads Board.
2.277 "STREET LINE" means the limit of the street allowance and is the dividing line
between a lot and a street.
2.278 "STRUCTURE" means anything that is erected, built or constructed of parts joined
together or any such erection fixed to or supported by the soil and/or any other structure.
For the purpose of this By-law, a fence not exceeding 2.4 m (7.87ft.) in height shall be
deemed not to be a structure. (As amended by By-law 4430)
2.279 "SWIMMING POOL" means a body of water of more than 9.3 m² (100.1 ft.²) in area,
used for bathing, swimming or diving. (As amended by By-law 4430)
Figure 2.19 Storey
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2.280 "TAVERN OR ROADHOUSE" shall mean a "tavern" as defined by the Liquor License
Act.
2.281 "TAXI STAND OR DISPATCH OFFICE" means lands and/or premises where
chauffeured passenger automobiles are kept for hire.
2.282 "TEMPORARY BUILDING" means a building or structure intended for removal or
demolition within a prescribed time as set out in a building permit.
2.283 "TEMPORARY CAR SHELTER" means a prefabricated temporary structure usually
constructed with a metal, wood or plastic
frame and covered with a tarpaulin or
other similar type of fabric or plastic cover
used primarily for the storage of a motor
vehicle or other equipment and is
designed to be dismantled or removed
(see Figure 2.20).
2.284 "TOURIST HOME" means a private
dwelling that is not part of or used in
conjunction with any other establishment
and in which there are at least four rooms for rent to the travelling or vacationing public,
whether rented regularly, seasonally, or occasionally.
2.285 "TRAILER" means any motor vehicle so constructed that it is suitable for being
attached to a motor vehicle for the purpose of being drawn or propelled by the said motor
vehicle to transport goods, wares, merchandise, materials and other motor vehicles and
not be capable of being used for living, sleeping or eating accommodation, notwithstanding
that such vehicle is jacked up or that its running gear is removed (see
2.286 "RECREATIONAL VEHICLE")
2.287 "TRANSFER STATION" (see "RECYCLING DEPOT OR TRANSFER STATION")
2.288 "TRAVEL TRAILER" means any motor vehicle so constructed that is suitable for
being attached to a motor vehicle for the purpose of being drawn or propelled by the said
motor vehicle or a self-propelled motor vehicle designed for being temporarily used for
living, sleeping or eating accommodation, notwithstanding that such vehicle is jacked up or
that its running gear is removed.
Figure 2.20 Temporary Car Shelter
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2.290 "TRANSPORTATION TERMINAL" pertains to the shipment of goods and means a
property and buildings used for the storage, loading, repair, dispatching and administration
of transport trucks, and may also include the short-term storage of goods awaiting shipment
to further destinations, and the transfer of goods from one vehicle to another.
2.291 "TRUCK STOP" (see "HIGHWAY SERVICE CENTRE")
2.292 "USE" when used as a noun, means the purpose for which a lot or building or
structure, of any combination thereof is designed, arranged, intended, occupied or
maintained and "USES" shall have a corresponding meaning.
2.293 PRINCIPAL USE means a use which constitutes, by reason of its use, the primary
purpose for which the lot is used.
2.294 "USE", when used as a verb or "TO USE" shall have a corresponding meaning.
2.295 "VETERINARY ESTABLISHMENT" means an establishment where one or more
licensed veterinarians and any associated staff provide medical, surgical, grooming, boarding
or similar services but shall not include a kennel.
2.296 "VIDEO RENTAL OUTLET" means a building or part of a building wherein the
primary use is the rental of video tapes and may include the rental of video cassette
recorders.
2.297 "WAREHOUSE" means a premise used for the storage and distribution of goods,
wares, merchandise, articles or things but does not include any storage and/or distribution
of goods, connected with a salvage yard.
2.298 "WAREHOUSE SALES ESTABLISHMENT" means a building or part of a building
used for the storage and distribution of goods, wares, merchandise, substances or articles
that includes facilities for a wholesale or commercial outlet, but shall not include facilities for
a truck or transportation terminal or yard.
2.299 "WASTE MANAGEMENT FACILITY" means an area of land or site approved or
licensed by statute where garbage, refuse, domestic or industrial waste is disposed of or
dumped or composted and may include associated buildings, structures or facilities.
2.300 "WATER SUPPLY" (see "PUBLIC UTILITY")
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2.301 "WATERBODY OR WATERCOURSE" means any bay, lake, river, natural watercourse
or canal but excluding a drainage or irrigation channel.
2.302 "WAYSIDE PIT OR QUARRY" means a temporary pit or a quarry opened and used
by a public road authority or their contractors, for the purpose of a particular project or
contract of road construction and is not located on the road right-of-way.
2.303 "WELDING SHOP" means the use of land, building, or structure where pieces of
metal are welded or fabricated.
2.304 "WHOLESALE AND DISTRIBUTION ESTABLISHMENT" means a building, or
structure or part thereof used or intended to be used for the bulk storage, sale and/or
distribution of quantities of goods, commodities, wares, merchandise, or materials for resale
or business use.
2.305 "WHOLESALE SHOP" means a building or part of a building where goods, wares,
merchandise, substances, articles or things of which 80% are new, are stored, offered or kept
for sale and where at least 70% of the gross value of such sales are of a non-retail nature
and shall include outside storage normally associated with a building supply or storage yard.
2.306 WIND TURBINE
Means a Class 1 wind facility under the Green Energy and Green Economy Act, 2009 with a
name plate capacity less than or equal to 3 kW machine designed and used for converting
the kinetic energy in wind into mechanical energy or electrical energy.
2.307 WIND TURBINE, COMMERCIAL
Means a Class 2, 3 or 4 wind facility under the Green Energy and Green Economy Act, 2009
with a name plate capacity greater than or equal to 3 kW machine designed and used for
converting the kinetic energy in wind into mechanical energy or electrical energy (see photo
of example).
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2.308 "YARD, BUILDER'S SUPPLY" (see "BUILDING SUPPLY CENTRE")
2.309 "YARD" means an open, uncovered space on a lot appurtenant to a building and
unoccupied by buildings or structures except as may be expressly permitted in this By-law,
and in determining yard measurements the minimum horizontal distance from the
respective lot lines is to be used, but does not include a courtyard (see Figures 2.21A and
2.21B).
2.310 "YARD, EXTERIOR SIDE" means a side yard immediately adjacent to a street (see
Figures).
2.311 "YARD, INTERIOR SIDE" means a yard extending from the front yard to the rear
yard of a lot, and between a side lot line and the nearest wall of any building or structure
on the lot (see Figures).
2.312 "YARD, FRONT" means a yard extending across the full width of a lot between the
front lot line and nearest wall of any building or structure on the lot (see Figures).
Figure 2.21A Yard Definitions
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2.313 "YARD, REAR" means a yard extending across the full width of a lot between the
rear lot line and the nearest wall of any main building or structure on the lot. A yard
abutting on a 0.3 m (1 ft.) reserve shall be the side yard or rear yard (see Figures).
2.314 "YARD, SIDE" means a yard extending from the front yard to the rear yard between
the side lot line and a line drawn parallel or concentric thereto and through the point of the
main wall of a building closest to the side lot line (see Figures).
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Figure Yard Definitions
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2.315 "ZONE" means a designated area of land use demarcated on the Schedules attached
hereto.
2.316 "ZONE REGULATION" means any provision of this By-law which is listed under the
heading "Zone Regulations" or referred to as a zoning regulation and governs the
erection of any building or structure or the use of land.
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3.General Provisions
3.1
Accessory Use
3.1.1
Scope Limited
Where this By-law provides that a lot may be used or a building or structure may be erected
or used for a purpose, that purpose shall include any accessory building or structure or
accessory use, but shall not include:
i)
any occupation for gain or profit conducted within a dwelling unit or on the lot except as in this
By-law is specifically permitted; or,
ii)
any building used for human habitation except for a guest house or where a dwelling is
specifically listed as an accessory use.
and, provided that the accessory use, building or structure is located on the same lot as
the permitted principle use.
3.1.2
Permitted Uses
For the purposes of this By-law, the scope of permitted accessory uses, buildings or
structures shall be as set out in the respective zones.
3.1.3
Keeping of Animals, Reptiles or Birds
The use of an accessory building or structure for the keeping of animals, reptiles or birds,
other than domestic pets, is not permitted in any Residential Zone.
Notwithstanding the foregoing, up to three hens may be kept per lot in any Residential
Zone provided that such hens are kept in up to one (1) coop and run per lot, any coop or
run is located in the rear yard only, and that the coop and run is set back at least 3.0 m [9.84
ft] from any abutting rear lot line and side lot line, except where the rear or side
Explanatory Note
The General Provisions section of the Zoning By-law sets out regulations which apply
regardless of the specific zoning of a property. While the zones provide site specific
regulations corresponding to such items as permitted uses and other restrictions, the
General Provisions provide regulations more general in nature. Development must
comply with all applicable provisions in the General Provisions in addition to the
requirements of the specific zone regulations set out in and Zone.
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lot line abuts a non-residential use, in which case the setback shall be at least 6.0 m [19.69
ft.]. (As amended by By-law 4430)
3.1.4
Zone Requirements for Accessory Uses, Buildings or Structures
The following zone requirements shall apply to permitted accessory uses, buildings or
structures:
Table 3.1 Zone Requirements for Accessory Uses(As amended by By-law 4430)
Requirement
Exceptions/Additional
Requirements
Minimum Yard Requirements
Front Yard
-All zones except shoreline lots
-Lot with shoreline frontage
-Other accessory structures as listed
-Same as principle use or
main building
-5 m [16.4 ft.]
-Boat house (see Section 3.1.6)
-No setback shall be required for
a pump house, dock or structures
for flood or erosion control
- 3 m [9.84 ft.] for 1) a shelter for
use by children waiting for a
school bus, if such use is located
in a rural zone; 2) a farm
produce outlet if such structure
is located in a rural zone; 3) a
freestanding satellite
dish/receiver or solar collector
(but not including a
communications facility); and 4) a
temporary car shelter
Rear Yard
-All zones
-Lots with shoreline frontage
-private garage with access from a
lane
-Recreational, institutional or public
building
-1.0 m [3.28 ft.]
-Same as principle use or
main building
-1.0
m
[3.28
ft.]
(As
amended by By-law 4430)
-the greater of 7.6 m [24.9
ft.] or one-half the height of
the building where located
in a residential zone.
Interior Side Yard
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Table 3.1 Zone Requirements for Accessory Uses(As amended by By-law 4430)
Requirement
Exceptions/Additional
Requirements
All zones
1 m [3.84ft.] when structure
located in the rear yard
1.5 m [4.92ft.] in all other
cases(As amended by By-
law 4430)
Exempted in a residential zone for
a mutual garage erected on a
common flankage property
Exterior Side Yard
All zones
Same as principle use or
main building
- 3 m [9.84 ft.] for 1) a shelter for
use by children waiting for a
school bus, if such use is located
in a rural zone; 2) a farm
produce outlet if such structure
is located in a rural zone; 3) a
freestanding satellite
dish/receiver or solar collector
(but not including a
communications facility); and 4) a
temporary car shelter
Maximum Building Height
-Residential Zones
-All other zones
-4.12
m
[13.5
ft.]
(As
amended by By-law 4430)
-5 m [16.4 ft.]
-Maximum height of exterior walls
and doors shall be 3.2 m [10.5 ft.]
except
for
Rural
and
Rural
Residential Zones(As amended by
By-law 4430)
-Except Rural (RU) Zone
Maximum Lot Coverage
-All Zones
-see Table 29(As amended
by By-law 4430)
Minimum Separation Distance Between Main Building and Accessory Building
Residential Use
0.9 m [2.95 ft.]
Maximum Number of Accessory Buildings or Structures per Lot
Residential Use
2 excluding a swimming
pool
Maximum Number of Detached Private Garages per Lot - 1
Maximum Number of Home Based Businesses - 1 per Dwelling Unit
Maximum Floor Area
-Accessory shed in a residential zone
-Guest House
-18.6 m2 [200 ft.2] for a shed
in a residential zone not
used to store a motor
vehicle(As amended by By-
law 4430)
-no cooking facilities permitted,
and a guest house is only
permitted as an accessory use to
a seasonal dwelling
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Table 3.1 Zone Requirements for Accessory Uses(As amended by By-law 4430)
Requirement
Exceptions/Additional
Requirements
-46 m2 [495.14 ft.2] (As
amended by By-law 4430)
Quonset Hut not permitted in a residential area
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3.1.5
Attached to Main Building
Any accessory building may be erected as part of the main building provided that all yard
and area requirements of this By-law are complied with, in respect to main building
requirements and not accessory building requirements.
3.1.6
Boat House, Dock or Wharf
A boat house, dock or wharf may be located in the front yard, side yard or rear yard where
a lot abuts a navigable waterway, provided that the approval of any governmental authority
having jurisdiction has been obtained and provided that the boat house, dock or wharf is
located not closer than 5 m [16.4 ft.] to the nearest adjacent lot line or does not encroach
on adjacent frontage when the lot boundaries are extended into the water (see Figure 3.1).
3.1.7
Accessory Uses in Environmental Protection Zone
Subject to Section 3.1.6, accessory marine structures or buildings such as boat houses,
pump houses, docks which do not contain habitable living space shall be permitted within
any Environmental Protection Zone adjacent to any lake or watercourse.
3.1.8
Prior Erection of Accessory Building
Figure 3.1 Boat House Setback
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Where an accessory building is necessary for the storage of tools or materials for use in
connection with the construction of the main building on a lot in a Residential Zone, the
accessory building may be erected on the lot one month before the erection of the main
building and such building shall be used only for the purpose of storage.
3.1.9
Fence in Industrial Zone
No fence shall be placed closer to the street line in the front yard of an Industrial Zone
than 4.6 m [15 ft.] or closer to the main wall of the main building, whichever is less.
3.1.10 Garden Suites
Subject to the passing of a site specific temporary use By-law under Section 39 of the
Planning Act, a garden suite shall be permitted as an accessory use to a permitted single
detached dwelling provided:
The minimum lot area conforms to the zone in which the garden suites are to be located.
The maximum gross floor area of the garden suite shall be 74 m2 [796.52 ft.2]. (As amended
by By-law 4430)
The maximum height of the garden suite shall be one storey.
The garden suite shall be located in a rear or interior side yard and shall meet the zone
regulations for building separation and lot coverage in the zone in which the garden
suite is located.
The minimum setback from a rear lot line or interior side yard lot line shall be 3 m [9.84
ft.].
A garden suite shall not be permitted on a lot occupied by an existing guest cabin.
3.1.11 Second Residential Unit
A second residential unit shall be permitted as an accessory use to a single detached
dwelling or a semi-detached dwelling or a row or a townhouse dwelling except in an RR,
RMH or RU Zone.
3.1.12 Bed & Breakfast Establishment
A bed and breakfast establishment shall be permitted as an accessory use to any
permitted single detached dwelling.
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1.
A maximum of three (3) guest rooms shall be permitted for any one bed and breakfast
establishment.
2.
The use of the dwelling as a bed and breakfast establishment shall not change the
residential character of the dwelling.
3.
Bed and breakfast establishments shall not be subject to the home based business
regulations of Section 3.9 of this By-law. (As amended by By-law 4430.
4.
The bed and breakfast establishment shall comply with any applicable requirements of the
local Health Unit, the Building Code, and the Fire Code.
5.
One (1) sign only not exceeding 1 m2 [10.76 ft2] in surface area shall be permitted to
advertise a bed and breakfast establishment. The permitted sign may be a freestanding
sign in a front or side yard or may be attached to a wall of a permitted building or
structure.
6.
A breakfast service shall be available to guests.
7.
A bed and breakfast establishment shall comply with the applicable parking regulations of
Section 3.19 of this By-law.
8.
A bed and breakfast establishment shall require proper licensing from the municipality.
3.1.13 Storage Containers and Storage Trailers
Storage containers and storage trailers shall be permitted in specified zones and in
accordance with the zone regulations as set out in Table 3.2 of this by-law.
Table 3.2 - Requirements for Storage Containers and Storage Trailers
Item
Residential Zones
Commercial Zones
Industrial & Rural Zones
Number of Storage
Containers and Storage
Trailers (Units)
permitted per lot
-not permitted in R1, R2,
R3, RR, RU, RMH
-1 storage container
per dwelling unit in
RM1 & RM2.
-Storage trailers are
prohibited in any
residential zone
-maximum of 3 units
whether storage
containers or storage
trailers or a combination
thereof in a C3 zone only
- no limit where the C3
permitted use is for the
commercial display and
sale of storage
- maximum of 3 units whether
storage containers or
storage trailers or a
combination thereof in M1,
M2 and M3, and in a Rural
Zone for a non-residential use
with a minimum 0.4 ha lot
area
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Table 3.2 - Requirements for Storage Containers and Storage Trailers
Item
Residential Zones
Commercial Zones
Industrial & Rural Zones
containers or where the
permitted use is a
commercial self-storage
facility
-one (1) additional unit shall
be permitted for each
additional 4 ha of land area in
a Rural Zone only, up to a
maximum of 10 total
-not permitted in any source
protection, environmental and
open space zones
Maximum Container
Dimensions
-RM1 & RM2 Zones: 3m
(width) by 4.8 m (length)
by 2.9 m (height) and a
maximum gross floor
area of 14.4 m2 per unit
-RM1 & RM2: same
dimensions up to the
permitted lot coverage
-3 m (width) by 12.1 m
(length) by 2.9 m (height)
and a maximum gross
floor area of 36.3 m2 per
unit
-3 m (width) by 12.1 m
(length) by 2.9 m (height) and
a maximum gross floor area
of 36.3 m2 per unit
Location
-Rear Yard only except
on a temporary basis
-all other applicable
setbacks shall continue
to apply
-minimum 1.5 m
building separation
from any main building,
the window or door of a
habitable room
-Rear Yard or Interior
Side Yard only except on
a temporary basis
-all other applicable
setbacks continue to
apply
-minimum 1.5 m
building separation
from any main building,
window or door of a
habitable room
-No restriction provided
unit(s) set back a minimum of
30 m from street line
-all other applicable setbacks
shall continue to apply
-minimum 1.5 m distance
separation from any main
building, window or door of a
habitable room
Maximum Lot Coverage
Shall apply as per the
zone affected
Shall apply as per the
zone affected
Shall apply as per the zone
affected
Location Restriction
Not permitted on any
required parking space,
parking aisle, driveway,
stacking lane or on a
required landscape
buffer
Not permitted on any
required parking space,
parking aisle, driveway,
stacking lane or on a
required landscape
buffer
Not permitted on any
required parking space,
parking aisle, driveway,
stacking lane or on a
required landscape buffer
Use Restriction
Human habitation is
prohibited
Human habitation is
prohibited
Human habitation is
prohibited
Maximum Height
Restriction
No stacking of storage
containers shall be
permitted
No stacking of storage
containers shall be
permitted
No stacking of storage
containers shall be
permitted
Ventilation
Ventilation shall be
required
Ventilation shall be
required
Ventilation shall be required
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Table 3.2 - Requirements for Storage Containers and Storage Trailers
Item
Residential Zones
Commercial Zones
Industrial & Rural Zones
Fencing
Use for the purpose of
screening or fencing
prohibited
Use for the purpose of
screening or fencing
prohibited
Use for the purpose of
screening or fencing
prohibited
Advertising on a Storage
Container or Storage
Trailer
Prohibited
Prohibited
Prohibited
Snow Load, Rain Load,
Fire, Occupancy and
Foundations
Shall comply with
Ontario Building Code
Shall comply with
Ontario Building Code.
Trailer wheels to be
removed
Shall comply with Ontario
Building Code. Trailer wheels
to be removed
Additional Provisions:
A storage container and a storage trailer shall be considered as an accessory use.
Despite the number of storage containers and storage trailers permitted in Table 3.2, this section shall not be
deemed to prevent the use of a storage container or storage trailer as a temporary use in any zone where
required for the storage of building materials or equipment or use as a field office associated with construction on
the same lot provided a valid building permit is in place. Despite the location limitations, any storage unit may be
located in any yard except in a sight triangle (see also Section 3.26).
Despite the number of storage containers and storage trailers permitted in Table 3.2, this section shall not be
deemed to prevent the use of a storage container or storage trailer required as part of the operation of a
Contractor's Yard as defined in this by-law or as part of a processing or other operation of an industrial use.
Despite the requirements on the Ontario Building Code, a foundation shall not be required for any storage
container with a gross floor area of less than 55 m2.
3.2
Automotive Service Station, Automotive Gasoline Bar,
Automotive Washing Establishment
Despite any other provisions contained in this By-law, for all Zones within which an
automotive service station, automotive gasoline bar, and/or automotive washing
establishment is permitted the following zone regulations shall apply:
Minimum lot frontage...............................................................................................................50 m [164 ft.]
Minimum front yard ............................................................15 m [49.21 ft.] (As amended by By-law 4430)
Minimum lot area................................................3,000 m2 [32,291.73 ft.2] (As amended by By-law 4430)
Minimum exterior side yard ..............................................................................................15 m [49.21 ft.]
Minimum interior side yard ..............................................6 m [19.68 ft.] (As amended by By-law 4430)
Minimum rear yard ...................................................................................................................10 m [32.8 ft.]
Minimum setback from a canopy and any lot line ......................................................10 m [32.8 ft.]
Minimum setback of any pump island from any lot line............................................10 m [32.8 ft.]
Minimum entrance width for one way entrance.............6 m [1968ft.] (As amended by By-law 4430)
Minimum width for a two way entrance..........................9 m [29.52 ft.] (As amended by By-law 4430)
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Maximum entrance width.................................................12 m [39.374 ft.] (As amended by By-law 4430)
Minimum distance between any two entrances and/or exits...22.5m[73.81 ft.] (As amended by
By-law 4430)
Minimum distance between an entrance or exit and the intersecting street lines on a corner
lot .................................................................................................12 m [39.37 ft.] (As amended by By-law 4430)
Minimum number of entrances .......................................................................................................................2
Fuel Storage and Propane Tanks
All fuel storage and propane tanks above or below ground for any fossil fuels or propane
shall comply with the Technical Standards and Safety Act, 2000 and no building permit
shall be issued without the prior approval of any equipment or fuel storage facilities by the
Technical Standards & Safety Authority.
Where an automotive washing establishment abuts a residential zone, the following
requirements will apply:
No washing or drying operations will be permitted except within the building designed for
the purpose of the car washing establishment.
The building shall be so designed that vehicles will egress from the building after washing
and drying operations by means of a door located in the wall of the building which is furthest
removed from the lot line(s) which abut lands which are zoned for a residential use.
3.3
Excepted Lands and Buildings and Non-Conforming Uses
3.3.1
Continuation of Existing Uses
The provisions of this By-law shall not apply to prevent the use of any lot, building or
structure for any purpose prohibited by this By-law if such lot, building or structure was
lawfully used for such purpose on the date of passing of this By-law, so long as it continues
to be used for that purpose. The non-conforming use of any land, building or structure
shall not be changed except to a use which is in conformity with the provisions of the zone
in which the land, building or structure is located and subject to Section 3.3.3 of this By-law
or to a use which is permitted by the Committee of Adjustment pursuant to the Planning
Act. Should the non-conforming use of any land building or structure cease upon notice
of the owner or should such use cease or be interrupted for a period of 2 years or more
without notice of the owner, the use shall be required to conform with the provisions of the
zone which the land, building or structure is located.
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3.3.2
Building Permit Issued
The provisions of this By-law shall not apply to prevent the erection or use for a purpose
prohibited by this By-law of any building or structure, the plans for which have, prior to the
date of the passing of this By-law, been approved by the Chief Building/Zoning Official,
so long as the building or structure when erected is used and continues to be used for the
purpose for which it was intended and provided the erection of such building or structure
is commenced within one year after the date of the passing of this By-law and such building
or structure is completed within a reasonable time after the erection thereof is commenced.
3.3.3
Change of Use
The use of a lot, building or structure which under the provisions hereof is not permissible
within the Zone in which such lot, building or structure is located, shall not be changed
except in accordance with the requirements set out in Section 8.11 of the Official Plan.
3.3.4
Ground Floor Area Less Than Required
Nothing in this By-law shall prevent an extension or an addition being made to a permitted
dwelling, which dwelling existed at the date of passing of this By-law, but which has a
ground floor area or dwelling unit area less than that required by this By-law, provided such
extension or addition does not contravene any other provisions of this By-law.
3.3.5
Existing Undersized Lots
Despite anything to the contrary in this By-law, an existing lot, having less than the
minimum lot frontage or lot depth or lot area (or any combination thereof) required by
this By-law, may be used for a purpose permitted in the zone in which the said lot is located,
provided that all other applicable provisions in this By-law are complied with, but in no case
shall the lot frontage be less than 10 m [32.8 ft.].
3.3.6
Existing Non-Complying Buildings on Undersized Lots
Where a building has been erected prior to the day of the passing of this By-law on a lot
having less than the minimum lot frontage or lot depth or lot area, (or any combination
thereof) or having less than minimum setback or side yard or rear yard or minimum
useable open space (or any combination thereof) required by this By-law, the said building
may be enlarged, reconstructed, repaired or renovated provided that:
The enlargement, reconstruction, repair or renovation does not further reduce a front yard or side
yard or usable open space having less than the minimum required by this by-law; and
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All other applicable provisions of this By-law are complied with.
3.3.7
Building Repair and Reconstruction
Nothing in this By-law shall prevent the strengthening or restoration to a safe condition or
reconstruction of a building or structure destroyed by fire or a natural cause or any part
thereof which is used for a use, or is non-complying with the provisions of this By-law, for
the zone in which it is located, provided there is no further reduction to the standards in this
By-law and that there is compliance with all other applicable provisions in this By-law and,
any interruption in the use does not last more than two years.
3.3.8
Road Widenings
Nothing in this By-law shall prevent the use of any land, building or structure or the erection
of any building or structure on a lot which does not conform to the minimum lot frontage
or lot area or front yard setback and in the case of a corner lot, the side yard setback, as
a result of a road widening taken by a local roads authority or the Ministry of Transportation,
provided all other requirements of this By-law are complied with.
3.4
Flood Plain
No buildings shall be constructed within the flood plain of the following areas and
Schedules A and B of this By-law.
AREA
FLOOD
ELEVATION (m)
Kapuskasing River south of Hwy 11
216.4
Kapuskasing River north of Hwy 11 to Islands and first rapids
211
Kapuskasing river from second rapids to Sturgeon Falls
209
Kapuskasing river from first rapids to second rapids at River
Heights
208
Gough Creek from mouth to Mundy St.
209
Gough Creek from Mundy St. to Brunetville Rd.
210
Gough Creek from Brunetville Rd. to Hwy 11
211
Gough Creek from Hwy 11 to Mill St. extension
212
Remainder of Gough Creek watershed
213
O'Brien Creek from Proulx Lake to Brunetville Rd.
221
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O'Brien Creek north of Brunetville Rd.
220
Exception to Shoreline Setback
For all other waterbodies within the Planning Area, no building or structure except a boat
house, dock, wharf or low impact accessory building or structure such as a sauna, gazebo,
storage shed and private garage, shall be erected closer than 23 m [75.45 ft.] from any
shoreline, waterbody or high water mark.
3.5
Frontage on a Street
3.5.1
Frontage on a Public Street
No person shall erect any building or structure in any zone unless the lot upon which such
building or structure is to be erected has sufficient frontage on a street developed to
municipal standards and/or assumed by the Town of Kapuskasing as per the requirements
of the respective zone within which the lot is situated. This provision shall not apply to a lot
in a registered plan of subdivision where an agreement between the owner and the
corporation, which includes provisions for the construction of the streets in the subdivision,
is registered in the Registry Office or Land Titles Office and where the owner is in full
compliance with the agreement.
3.5.2
Frontage on a Private Road
Despite Section 3.5.1, frontage on a street shall be exempted for a seasonal dwelling where
such seasonal dwelling is located on an existing lot of record on an existing private road
and will not require the extension of the private road.
3.5.3
Frontage Exempted
Development of land in any zone which has access solely by means of a registered right-
of-way owned by a public authority shall be restricted to the following uses:
-
communications facility
-
wayside pit or quarry
-
public utility
3.5.4
Frontage exempted for Certain Uses
Despite Section 3.5.1 or Section 3.5.3, frontage on a street is not required:
For a permitted use located on an existing private road or a private road located in a registered
condominium.
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For a resource related use located on Crown Land.
For a communications facility.
For a public utility.
For a wayside pit or quarry.
For a water access lot for a seasonal dwelling or an island.
For any passive outdoor recreational use or activity such as skiing, snowmobiling, hiking, mountain
biking or similar activities, and
Where all other applicable zone regulations are met.
3.5.5
Ministry of Transportation Access Requirements
In addition to all the requirements of the Corporation, all development adjacent to
Provincial Highways is also subject to the requirements and permits of the Ministry of
Transportation.
3.6
Garbage Collection Area
3.6.1
Requirement
The owner or occupant of any lot, building or structure in a Commercial or Industrial
Zone or any lot, building or structure used for any institutional purpose shall, on the lot
occupied by the building or structure, and not forming part of a street or lane within the
zone in which such use is located, provide a garbage collection area. (As amended by By-
law 4430)
3.6.2
Access
Access to a garbage collection area shall be by means of a driveway at least 3 m [9.84 ft.]
for one-way traffic or 6 m [19.1 ft.] for two-way traffic. Such driveway shall be designed
to allow a collection vehicle to enter the site, collect the garbage and exit the site without
having to reverse. If this condition cannot be met, a cul-de-sac or T-turnaround shall be
provided on the lot. (As amended by By-law 4430)
3.6.3
Location and Screening
The garbage collection are shall be located in the side yard or rear yard. In no case shall
a garbage collection area be permitted in a front yard or sight triangle. A garbage
collection area shall be located at least 1.5 m [4.92 ft.] to any lot line that abuts
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a Residential or Open Space Park (OS) Zone. All garbage collection areas shall be
screened from view from surrounding land uses and members of the travelling public. (As
amended by By-law 4430)
3.7
Greater Restriction (As amended by By-law 4430)
This By-Law shall not reduce or mitigate any restrictions lawfully imposed by a government
authority having jurisdiction to make such restrictions.
3.8
Group Homes (As amended by By-law 4430)
A group home shall be permitted in all residential zones provided the lot is located on a
street.
3.9
Height Exceptions (As amended by By-law 4430)
The height regulations herein set forth shall not apply to any of the following providing there
is no conflict with Airport Zoning Regulations:
Air conditioning system
Chimney
Church spire or belfry
Drying Tower
Elevator or stairway and enclosure
Enclosed mechanical and electrical equipment and penthouse
Farm buildings and structures such as a barn, silo or windmill
Flag pole
Hydro electric transmission tower or pole
Ornamental dome or clock tower
Receiving and transmitting antenna or telecommunications tower
Receiving stations
Satellite dish/Receiver
Skylight
Solar panels, solar collector, commercial solar collector
Ventilating fan or skylight or ventilator
Water tower or reservoir
Wind turbine, commercial wind turbine
3.10 Home Based Businesses(As amended by By-law 4430)
3.10.1 Zone Standards (As amended by By-law 4430)
The following provisions and requirements shall apply to a home based business:
A home based business shall be limited to the following uses:
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1.
An office, including the offices for contractors and trades and haulage and cartage, including
parking of one commercial vehicle
i.
Instructional services
ii.
Home Craft Businesses
iii.
Private Day Care
iv.
Distribution Sales (e.g. Avon)
v.
Repair Businesses
vi.
High Technology
vii.
Artisan Studio
AND which excludes the following
Any hazardous substances, merchandise and fuels requiring licensing under the Ministry of
Consumer and Commercial Relations or any other Ministry;
animal hospital, animal day care establishment or kennel or boarding facility for animals;
adult entertainment parlour or escort service;
autobody repair shop or motor vehicle repair garage;
contractors yard;
eating establishment or restaurant including a refreshment vehicle or chip stand;
retail store;
sales or service of motorized vehicles, machinery or equipment of the installation of
automotive and audio products;
scrap or salvage yard;
taxi service;
vehicle towing service;
any use which from its nature or operation, creates a nuisance or is liable to become a
nuisance or offensive by the creation of noise or vibration, or by reason of the emission of
gas, fumes, dust or objectionable odour, or by reason of the matter, waste or other material,
and without limiting the generality of the foregoing shall include any uses which fall under
the appropriate regulations may be declared to be noxious or offensive trade, business or
manufacture. (As amended by By-law 4430)
A home based business shall be located exclusively within:
i.
A dwelling unit in a residential zone provided that not more than 25% of the dwelling unit
floor area is utilized for the home based business, except as noted in (3), (4) and (5).
ii.
A dwelling unit and accessory building or a combination of both in a RR, RR-A, RR-B and
RU zone provided that not more than 50 m2 (538.16 ft.2) of floor area is used for the home
based business except as stipulated in (3), (4) and (5). (As amended by By-law 4430)
The home based business shall be accessory to a permitted residential use.
The business shall be operated by the owner or occupant and does not employ any outside persons
except in the case of the RR, RR-B and RU zones, there may be a staff of one person.
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For a business or professional office, there may be a staff of one person employed in addition to
the owner or occupants of the dwelling unit.-
Not more than (2) two businesses shall be permitted in a dwelling containing two or more dwelling
units in a R1, R2, R3, RM1 and RM2 zone provided that not more than 25% of the dwelling unit
floor area is utilized for each home based business except in a RU, RR and RR-B zone, the
requirements as set out in (2.) (ii) shall apply. (As amended by By-law 4430)
Signage for each licenced business shall be permitted anywhere on the exterior wall of the main
building to indicate the nature of the business. The sign shall have a maximum display area of 0.5
m2 [5.4 ft. 2]. Illuminated signs will not be permitted.
Deliveries, pick-ups or courier services incidental to a home based business shall be permitted but
shall not be of a number that will create a traffic hazard nor create a public nuisance as set out in
paragraph (87) below. (As amended by By-law 4430)
The home based business shall be legal and has obtained the necessary licence from the
municipality. The home based business use shall not create or become a public nuisance because
of noise or vibration, fumes, dust, odour, radiation, hours of operation, traffic, parking, health or
public safety, magnetic fields or electronic interference as established by the municipality and/or
applicable provincial or federal legislation or other cause for disturbance.
No outdoor storage shall be permitted.
Parking for home based business(es) shall comply with Section 3.19 of this By-law.
Within the rural area, businesses shall have the approval of the authority having jurisdiction for on-
site water and sewage disposal systems.
The residential character of the dwelling and property shall not be changed.
Any person who under the authority of a home based business licence offers goods for sale must
abide by the following regulations:
All advertising must be by means of a post office box or phone number only; and
all goods must be delivered by the holder of the Home Based Business licence to the dwelling of
the purchaser. No exchange of goods or money may take place at the residence of the licence holder.
3.10.2 Additional Requirements(As amended by By-law 4430)
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Home based businesses which exhibit any or all of the following characteristics shall require
a Special Exception (HBB-X) through the minor variance or zoning amendment process.
Exceed or does not fall within any of the criteria set out in Section 3.10.1 above. (As amended by
By-law 4430)
3.10.3 Exemptions(As amended by By-law 4430)
The detached garage located on Lot 60, Plan M-146-C (municipally known as 44 Cournoyer Street)
may be used for the storage of flyers and catalogues exclusively with a maximum floor area of 19.3
m2 [208 ft.2]. (Bylaw No. 2500)
The detached garage located at 1 Elm Street is permitted to have a maximum floor of the home
based business not exceeding 46.45 m2 [500 ft.2]. (Bylaw No. 2535)
3.11 Human Habitation
3.11.1 Compliance with the Building Code
No building shall be occupied until the requirements set out in the Ontario Building Code
Section 2.4.3 or any revision thereof have been complied with and an occupancy permit has
been issued by the Chief Building/Zoning Official. (As amended by By-law 4430)
3.11.2 Application
No truck, bus, coach or streetcar body, or structure of any kind other than a dwelling unit
erected and used in accordance with this by-law shall be used for human habitation within
the Planning Area whether or not the same is mounted on wheels.
3.11 Illumination
Illumination of buildings and grounds shall be permitted provided that:
Illumination shall not cause direct or indirect glare on a street or private road that may interfere
with traffic or pedestrian safety.
Illumination shall not consist of a colour or be so designed or located that it may be confused with
traffic signals.
Illumination shall not cause direct or indirect glare on land or buildings in any zone that creates a
public health or safety issue.
3.12 Kennel
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A kennel shall only be permitted as an exception to the Rural (RU) Zone subject to Section
3.13.10 (3) of the Official Plan and provided that:
The kennel, is located at least 150 m [492.13 ft.] from any dwelling, excluding a dwelling located
on the same lot as the kennel;
The kennel shall be set back at least 45 m [147.64 ft.] from all property lines;
The area between the kennel and property lines is adequately landscaped to provide screening and
mitigate noise impacts;
No animals shall roam free on any lot. (As amended by By-law 4430)
3.13 Landscape Buffer
1.
A 0.6 m [1.2 ft.] wide landscape buffer adjacent to the full length of the lot line shall be
required where the lot line of a Commercial Zone abuts the lot line of Urban Zone, except
in the Core Commercial (C1) Zone.
2.
A 2.5 m [8.20 ft.] wide landscape buffer adjacent to the full length of the lot line shall be
required where the lot line of a Industrial Zone abuts the lot line of an Urban Zone.
3.
A landscape buffer shall contain one or more of the following screening devices:
4.
A continuous row of trees;
5.
A continuous row of hedgerow of evergreens, bushes or shrubs;
i.
A berm;
ii.
A wall; or,
iii.
A fence. (As amended by By-law 4430)
3.14 Loading Space Regulations(As amended by By-law 4430)
3.14.1 Loading Space Requirements(As amended by By-law 4430)
The owner or occupant of any lot, building or structure in a Commercial or Industrial Zone
or any lot, building or structure used for any institutional purpose involving the frequent
receiving, shipping, loading or unloading of goods, shall on the lot occupied by the building
or structure and not forming part of a street or lane within the zone in which such use is
located, provide loading and unloading spaces 9 m [29.52 ft.] long by 3.6 m [11.81 ft.] wide
and having a vertical clearance of at least 4 m [13.12 ft.] in accordance with the following:
Total
Floor
Area
of
Building
or
Structure(As amended by By-law 4430)
Number of Loading Spaces
Required(As amended by By-law
4430)
280 m² [3,013.894 ft.²] or less
(As
amended by By-law 4430)
0(As amended by By-law 4430)
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Exceeding 280 m² [3,013.894 ft.²] but not
more than 1,860 m² [20,020.8721.5 ft.²]
(As amended by By-law 4430)
1(As amended by By-law 4430)
Exceeding 1,860 m² [20,020.871.5 ft.²] (As
amended by By-law 4430)
2 plus 1 additional space for each
additional 1,860 m² [20,020.871.5
ft.²] or fraction thereof in excess of
3,720 m² [40,041.753 ft.²] (As
amended by By-law 4430)
In addition to the above number of loading spaces, adequate space shall be provided for
the parking of vehicles awaiting access to loading spaces.
3.14.2 Access (As amended by By-law 4430)
Access to loading or unloading spaces shall be by means of a driveway at least 3 m [9.84 ft.]
for one-way traffic or 6 m [19.68 ft.] for two-way traffic if contained within the lot on which
the loading spaces are located and leading to a street or lane located within or adjoining
the zone in which the use is located. (As amended by By-law 4430)
3.14.3
Location (As amended by By-law 4430)
The loading space required shall be located in the side yard or rear yard.
In a Core Commercial (C-1) Zone and a Highway Commercial (C-3) Zone, no parking or loading area
shall be located closer than 1.5 m [4.92 ft.] to any street line or side lot line, or rear lot line where
said street line or side lot line, or rear lot line abuts a Residential or Open Space Park (OS) Zone.
3.14.4 Additions to Building(As amended by By-law 4430)
The loading space requirements referred to herein shall not apply to any building in
existence at the date of passing of this By-law so long as the net floor area, as it existed at
such date, is not increased. If an addition is made to the building or structure which
increases the net floor area, then additional loading space shall be provided as required by
paragraph 3.13.1 of this subsection for the whole building.
3.15 Lots Divided into More than One Zone(As amended by By-law 4430)
Where a lot is divided into more than one zone, each such portion of the lot shall be used
in accordance with the provisions of this By-law for the zone where such portion of the lot
is located. Each such portion of the lot shall be considered as a separate lot for the purpose
of determining zone regulations.
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3.16 Minimum Separation Distances and Special Setbacks(As amended by
By-law 4430)
No person shall use any land, building or structure for a sensitive land use (e.g. residential
use, daycare centre, educational or health facility) unless it complies with the following
minimum separation distances, except where such separation distances have been waived
or reduced by a public authority, where upon the minimum separation distance shall
comply with the reduced distance. Unless otherwise indicated, separation distances shall
be measured from the main wall of the sensitive land use to (a) the source of the noise or
vibration; (b) from the nearest edge or limit of the licensed area used or to be used for waste
disposal; or (c) from the nearest main wall of an industrial building.
Setback from Highway 11 or the ONR Rail Line
Setback shall be as determined by a noise and/or vibration study if such is required by
Planning Board or Council.
Waste Management Facility
Setback shall be 100 m [320 ft.] from the licensed footprint of an active or former waste
management facility.
In addition, any new development within 500 m [1,640 ft.] of the licensed footprint of an
active waste management facility or the property is required to have an evaluation
conducted and implement the recommendations of said evaluation. (As amended by By-law
4430)
No active or former waste management facility shall be located:
Within 500 m [1,640 ft.] of a dwelling unit;
Within 185 m [606.9 ft.] of land covered by water or in any area subject to flooding;
Within 100 m [320 ft.] of any other sensitive land use; and
Within 30 m [98.4 ft.] from any watercourse, lake or pond. (As amended by By-law 4430)
Pits and Quarries:
Setback shall be a minimum of 150 m [492.12 ft.] from the edge of the excavation area of a
pit or 500 m [1,640.42 ft.] from the edge of the excavation area of a quarry. (As amended by
By-law 4430)
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Industrial Uses:
i.
M-1 Mixed Industrial/Commercial Zone: Includes light industrial as set out in M-2 Light
Industrial Zone noted below as well as commercial uses. The minimum distance separation
shall be 20 m [65.61 ft.] measured from the property line of the industrial use and such uses
shall be subject to Site Plan Control. (As amended by By-law 4430)
ii.
M-2 Light Industrial Zone: Identifies processing operations where emissions or outputs are
zero to negligible, there is no outside storage and there is a self-contained process with zero
to low probability of fugitive emissions. The minimum distance separation for this light
industrial classification shall be 100 m [328 ft.] measured from the property line of the
industrial use and such uses shall be subject to Site Plan Control.
iii.
M-3 Heavy Industrial Zone: Describes industries with substantial variations in industrial
processes and therefore emissions e.g., noise vibration, odour, particulate and gaseous
discharges or combinations may be anticipated. Examples of heavy industries include
refineries, pulp and paper mill etc. The Minimum distance separation shall be 300 m
[984.25 ft.] measured from the property line of the industrial use and such uses shall be
subject to Site Plan Control. (As amended by By-law 4430)
Agricultural Use:
Shall comply with the Ministry of Agriculture, Food and Rural Affairs Minimum Distance
Separation Formulae I and II.
3.17 Movement of Buildings
In all zones, no building, residential or otherwise, shall be moved within the area covered
by this By-law or shall be moved into the limits of the area covered by this By-law without a
permit from the Chief Building/Zoning Official.
3.18 Multiple Uses
Where a building or land is used for more than one purpose, all the provisions of this By-law
relating to each use shall be complied with.
3.19 Open Storage and Outdoor Display
No person shall use any lot or part thereof for open storage, or outdoor display except as
permitted by this By-law and as an area which has been specifically designed and set aside
for such purpose, is fully integrated with the principle use of the lot and is in accordance
with the following:
a)
Open storage shall not be permitted within any required front yard and no closer than 5
m [16.4 ft.] to any interior side lot line or rear lot line.
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b) Where open storage areas abut a residential zone (see Section 4.1 for list of zones), the
required setback of the open storage area shall be a minimum of 10 m [32.8 ft.] and shall
also be visually screened from any residential use.
c)
An outdoor display area shall be permitted as an accessory use to any permitted
commercial use, industrial use or public service use provided that the outdoor display
area does not reduce any required parking area or loading space required by this By-law.
All outdoor display areas shall be setback a minimum of 3 m [9.84 ft.] from any front lot
line or interior side lot line. Despite the above, seasonal sales of Christmas trees or a
temporary (i.e. weekend) or a yard sale shall be permitted to occupy a designated parking
area but shall be subject to any restrictions otherwise imposed by license or permit by the
Municipality.
3.20 Parking Requirements
Parking spaces and areas are required under this By-law in accordance with the following
provisions:
3.20.1 Parking Space Requirements
The owner of every building or structure erected or used for any of the uses hereinafter set
forth shall provide and maintain for the sole use of the owner, occupant or other persons
entering upon or making use of the said premises from time to time, parking spaces and
parking areas as set out in Table 3.3:
Table 3.3 - Parking Space and Parking Areas Requirements(As amended by By-law
4430)
Type of Use
Minimum Parking
Requirements
Autobody shop, automotive repair garage, automotive
service station, automotive gasoline bar or card lock facility,
automotive washing establishment
3 spaces per service bay, minimum 6
spaces
Bowling alley
3 parking spaces per bowling lane
Building Supply Centre, garden centre, nursery
1 parking space per 28 m² [301.38 ft.²]
of commercial floor space (As amended
by By-law 4430)
Business or Professional Office, Call Centre
1 parking space for each 46.5 m²
[500.52 ft.²] of commercial floor space
(As amended by By-law 4430)
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Curling Rink
4 parking spaces per curling sheet
Eating establishments, theatres, community centres, clubs,
clinic, medical marijuana facility, institutional use, public
use or building, amusement arcade, bingo hall
The greater of:
a)
1 parking space per 5 seats or 3 m
[9.84 ft.] of bench space where there are
fixed seats, or
b)
1 parking space per 9 m² [96.87 ft.²]
of floor area devoted to public use where
there are no fixed seats
Funeral Parlour
1 parking space per 5 seat capacity of
the chapel with a minimum of 10
parking spaces
Home Based Business
1 parking space for each employee who
is not an occupant or owner of the
dwelling. Minimum of 1 space
Hotel, motel, tavern or road house
Bed and Breakfast establishment
1 parking space for each guest room or
suite plus 1 parking space for each 9.3
m² (100.1 ft.²) of floor area of the
building devoted to public use
Industrial establishment or use, warehouse, storage industry,
welding shop
1 parking space per 93 m² [1,001 ft.²] of
gross floor area
Warehouse or storage building
1 parking space per 929 m² [10,000 ft.²]
of gross floor area
Marina
1 space for each 28m² [301.38 ft.²] total
retail area, plus
1 space /boat slip provided (As amended
by By-law 4430)
Nursing home, hospital, Continuum-of-care facility, Crisis
Care Facility
1 parking space per 2 beds, or 1
parking space per 37 m² [398.26 ft.²] of
gross floor area, whichever is greater
(As amended by By-law 4430)
Place of worship
1 parking space for every 10 seats or 6
m [19.68 ft.] of bench space of its
maximum seating capacity (As
amended by By-law 4430)
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Residential
- Group Home
- Apartment with 75% or more units being one and/or 2
bedrooms
- Apartment buildings solely occupied by senior citizens
- Mixed multiple residential and commercial
1 parking space per dwelling unit
and/or:
- 2 parking spaces
- 1.25 parking spaces per dwelling unit
- 0.5 parking space per dwelling unit
- 1.5 parking spaces per dwelling unit
based on residential component
Retail store, personal service shop, convenience store,
general business, bank, bakery, shopping centre,
commercial use, highway service centre, recreational
vehicle sales, microbrewery, pet grooming establishment,
laundry and dry cleaning establishment
1 parking space for each 30m² [322.91
ft.²] of commercial floor space (As
amended by By-law 4430)
School
- Elementary
- Secondary
- Post-Secondary
- Day Nursery or Junior Kindergarten
- 1 parking space for each staff
member
- 1 parking space for each staff
member plus 1 parking space for every
ten students
- 1 parking space for each staff
member plus 1 space for every 4
students
- 1 parking space per employee and
1 parking space per 5 children
Veterinary Establishment
1 parking space for each 28 m² [301.38
ft.²] of commercial floor space (As
amended by By-law 4430)
Uses permitted by this By-law other than those listed in this
table
1 parking space for each 20 m² [215.27
ft.²] of gross floor area (As amended by
By-law 4430)
3.20.2 Parking Area Surface
Each parking area and driveway connecting the parking area with a street shall be
maintained with a stable surface which is treated so as to prevent the raising of dust or loose
particles. They shall be constructed of crushed stone, slag, gravel, crushed brick or tile,
cinders, asphalt, concrete, Portland cement binder, paving block or like material, and with
provision of proper drainage facilities.
3.20.3 Ingress and Egress
1.
Ingress and egress, to and from the required parking spaces and parking areas shall be
provided by means of unobstructed driveways as follows:
i.
Residential and commercial uses with four or less parking spaces shall be a
minimum width of 3.05 m [10 ft.]
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ii.
Residential, institutional and commercial uses with five or more parking spaces:
iii.
minimum width of 4.5 m [14.76 ft.] for one-way traffic and 6 m [19.68 ft.] for two-
way traffic. The maximum width of a driveway shall be 7.5 m [24.6 ft.] for one-
way traffic and 12 m [39.37 ft.] for two-way traffic. (As amended by By-law 4430)
iv.
Industrial Uses:
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v.
minimum width of 5 m [16.4 ft.] for one-way traffic and 9 m [29.52 ft.] for two-
way traffic. The maximum width of a driveway shall be 9 m [29.515 ft.] for one-
way traffic and 15 m [499.21 ft.] for two-way traffic. (As amended by By-law 4430)
2
The minimum angle of intersection between a driveway and a street line shall be 60 degrees.
3
Every lot shall be limited to the following number of driveways:
i.
Up to the first 30 m [98.42 ft.] of lot frontage - not more than 2 driveways; (As
amended by By-law 4430)
ii.
For each additional 30 m [98.42 ft.] of lot frontage - not more than 1 additional
driveway; (As amended by By-law 4430)
iii.
for a shopping mall or centre, the number of driveways shall be subject to site
plan control by the authority having jurisdiction.
4
Parking Area and Driveway Location on a Residential Lot
i. No more than 50% of the required lot frontage to a maximum of 6.0 m [19.69 ft.]
for each permitted driveway, whichever is less, shall be used for a parking area
or a driveway. (As amended by By-law 4430)
ii. No more than 50% of the required front yard shall be used for a parking area or a
driveway. (As amended by By-law 4430)
iii. No more than 50% of a rear yard shall be used for a parking area or a driveway.
(As amended by By-law 4430)
5
Driveway Entrance Location
No driveway on a corner lot shall be located closer than 15 m [49.21 ft.] from the edge of
the travelled road of an intersection of a local road or 20 m [65.61 ft.] from the intersection
of a collector road or provincial highway. (As amended by By-law 4430)
3.20.4 More Than One Use on A Lot
When a building or structure accommodates more than one type of use as set out in
paragraph 3.19 of this subsection, the parking space requirement for the whole building
shall be the sum of the requirements for the separate parts of the building occupied by the
separate types of use.
3.20.5 Additions to Buildings and Exemptions
1.
When a use, building or structure has insufficient parking at the time of the passing of this
By-law to comply with the requirements herein, this By-law shall not be interpreted to require
that the deficiency be made up prior to the construction of any addition. No addition may be
built and no change of use may occur, however, the effect of which would be an increase in
that deficiency except as permitted.
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2.
The parking requirements denoted in this section may apply to any commercial building in
existence prior to the date of enactment of this by-law or apply if such existing commercial
buildings are enlarged, reconstructed or replaced on a commercial lot having less than 557
m² [5,995.5 ft.²] in area. In the case of new commercial construction, the parking
requirements denoted in this section shall apply providing the commercial lot that the
building is located on, contains an area of more than 557 m² [5,995.5 ft.²].
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3.20.6 Parking Space Locations
1.
Commercial Core Area
For a use, building or structure proposed or located in the Commercial Core (C1) Zone,
the required parking area may be provided within 90 m [295.27 ft.] of the said building,
provided that the owner of the lot upon which the use, building or structure requiring
the parking and/or the owner of the lot upon which the parking is to be located, if they
are not the same, shall cause to be registered against the title of the property, an
undertaking to the Town of Kapuskasing, to guarantee that the land required for parking
in accordance with this section, shall continue to be used only for this purpose, until such
time as alternate parking has been provided in accordance with this By-law and the Town
shall have relieved the owner of this undertaking. (As amended by By-law 4430)
Where residential accommodation is permitted in the Commercial Core (C1) Zone, a
minimum of 25% of the total parking spaces required by this By-law shall be located on
the same lot with the residential accommodation.
2.
Industrial Zones
No parking spaces shall be located within the first 4.6 m [15 ft.] of any part of a front
yard or exterior side yard abutting the street line.
3.
Parking of Motor Vehicle not in Running Order(As amended by By-law 4430)
Despite anything else in this By-law, no person may use any lot in any zone for the
parking or storage of any vehicle that is not in running order except that one such vehicle
may be stored in a private garage in a Residential Zone and not more than six such
vehicles may be stored in a garage in a Commercial or Industrial Zone.
4.
Size of Parking Spaces(As amended by By-law 4430)
Each standard parking space shall have a minimum width of 2.6 m [8.53 ft.] and a
minimum length of 5.5 m [18.0 ft.] and each barrier-free parking space shall have a
minimum width of 3.0 m [9.84 ft. and a minimum length of 6 m [19.65 ft.].
5.
Barrier-Free Parking (As amended by By-law 4430)
Wherever barrier-free access to a building is required under the Building Code, one
barrier-free parking space shall be provided for every 20 standard parking spaces or
part thereof and shall be included in the total number of parking spaces required under
the Schedule for Parking Requirements for that use.
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3.20.7 Rounding (As amended by By-law 4430)
Despite Section 3.19.1, if the calculation of the minimum parking space requirement results
in a fraction, the minimum requirement shall be the next higher whole number.
3.20.8 Parking of Commercial Motor Vehicles and Recreational Vehicles (As amended
by By-law 4430)
No commercial motor vehicle exceeding one- and one-half metric tonnes in capacity shall
be parked in Urban Zones, unless such vehicle is solely used in the conduct of delivery, pick-
up or service call activities associated with home based businesses. No person shall park
or store more than one licensed commercial motor vehicle (as noted above) on any lot in
any Urban Zone. No person shall store any construction equipment e.g. backhoe,
excavating or grading equipment, etc. on any lot in any Urban Zone unless specified in the
Bylaw.
A maximum of one boat not exceeding 6.0 m [19.6 ft] and associated trailer and a maximum
of three recreational vehicles (travel trailer, tent trailer, motor home, boat, snowmobiles)
may be stored or parked on a lot with a residential use provided that:
Such vehicle is in compliance with Section 3.21.7;
Such vehicle is parked in a private garage or is located in an interior side yard or rear yard
and is screened from public view; (As amended by By-law 4430)
Such vehicle is no closer than 1.5 m [4.92 ft.] to any lot line.
No recreational vehicle shall be used for one or more of the following purposes - living,
sleeping or eating accommodation within the Planning Area for a period of more than 60
days in any period of ten (10) consecutive months
3.20.9 Drive-Through Facilities (As amended by By-law 4430)
Despite any other zone regulation in this By-law, where a use of land, building or structure
incorporates a drive-through facility, the following zone regulations shall apply:
A drive-through facility shall be a permitted use in the C1, and C3 zones.
A drive-through facility is a principle use in combination with another permitted use and
shall comply with the zone regulations in the zone in which the drive-through facility is
located.
The minimum dimensions of a stacking space in a stacking lane shall be 2.7 m by 6 m [8.85
ft. x 19.68 ft.].
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No part of any order station shall be located closer than 10 m [32.8 ft.] from the property
boundary of any property or lot occupied or zoned for a residential use.
All drive-through facilities shall comply with the zone regulations for parking as set out
in Section 3.19.1 of this By-law.
Stacking lanes for any drive-through facility shall be designed to accommodate a
minimum of eight (8) motor vehicles.
3.20.10
Bicycle Parking and Storage(As amended by By-law 4430)
Any building, except an existing building, with a net floor area of 200 m2 [2,152.78 ft.2]
used for a commercial use, institutional use, or an industrial use shall install a bicycle
storage rack designed to securely store a minimum of ten (10) bicycle parking spaces, and
such bicycle storage rack shall be located within 15 m [49.21 ft.] of the main entrance of the
building. (As amended by By-law 4430)
Any apartment dwelling, except an existing building, shall provide a secure storage area
internally within the building designed to accommodate a minimum of 1 bicycle parking
space per dwelling unit.
Any apartment dwelling, except an existing building, with five (5) or more dwelling units
shall install a bicycle storage rack designed to securely store a minimum of five (5) bicycle
parking spaces and such bicycle storage rack shall be located within 15 m [49.2 ft.] of the
main entrance of the building. (As amended by By-law 4430)
3.21 Permitted Projections
Every part of any yard required by this by-law shall be open and unobstructed by any
structure from the ground to the sky provided, however, that fences, hedges and
landscaping shall be permitted, and those structures listed in the following table shall be
permitted to project into the minimum yards required by this by-law for the distance
specified in Table 3.4.
Table 3.4 - Permitted Projections into Required Yards
Structure
Maximum Projection
into a Required Yard
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Chimney breasts, cornices, sills, belt
courses, pilasters, eaves, gutters
0.6 m [1.96 ft.]by 3 m [9.84 ft.] in width into any required front, rear
or side yard (As amended by By-law 4430)
Canopies for entrances to apartment
buildings and commercial buildings
Despite any other provisions in this By-law, a canopy or portico
over a major entrance to an apartment building or commercial
building may project into the required yard a distance equal to
one-half (½) the setback of the building from the street line
Window awnings
1.0 m [3.28 ft.] into any required yard (As amended by By-law 4430)
Bay windows
0.9 m [2.95 ft.] into any required front, rear, and exterior side yard;
maximum width 3 m [9.84 ft.] (As amended by By-law 4430)
Steps, ramps for use by handicapped and
walkways, bicycle racks
Exterior Staircase
No maximum into any required yard
1.5 m [4.92 ft.] into any front, rear and exterior side yard only (As
amended by By-law 4430)
Fire escapes and antennae towers
1.5 m [4.92 ft.] into any required rear or side yard (As amended by
By-law 4430)
Balconies
- two-unit
- single-detached
- semi-detached
- duplex
- triplex
- double duplex
1.5 m [4.92 ft.] into any required front, rear or exterior side yard (As
amended by By-law 4430)
Balconies on all other dwelling types
1.5 m [4.92 ft.] into any required yard (As amended by By-law 4430)
- Unenclosed porch, including eaves and
cornices
Maximum area shall be 13.9 m² [149.61 ft.²];
2.4 m [7.87 ft.] into any required front, rear, interior or exterior side
yard (As amended by By-law 4430)
- Uncovered platform landing, patio or
steps at ground level
Maximum 2.4 m [7.87 ft.] into any required front, rear, interior and
exterior side yard providing they are no closer than 0.6 m [1.96 ft.]
to any lot line (As amended by By-law 4430)
Any uncovered or unenclosed heat
pumps, heat exchangers, air conditioners,
swimming pool heaters, filtering
equipment, geothermal power facility
No maximum into any required side or rear yard provided they are
no closer than 0.6 m [1.96 ft.] to any lot line, and shall not be
permitted in any front yard (As amended by By-law 4430)
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Decks
6 m [19.6 ft.] into any required rear yard (Urban) or
rear or side yard (Rural) and 2.4 m [7.87 ft.] into
any required front or exterior side yard. (As
amended by By-law 4430)
Satellite dish
Permitted in a rear yard (Urban) or rear or side
yard (Rural)
Accessory building
As permitted by and as specified in this By-law
Section deleted (As amended by By-law 4430)
Section deleted (As amended by By-law 4430)
Wind farm, commercial wind turbine
No maximum into any required yard provided they
are no closer than 15 m [49.21 ft.] to any interior
side or rear lot line or 30 m [98.42 ft.] to any street
line (As amended by By-law 4430)
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3.22 Prohibited Uses
3.22.1 Scope of Prohibited Uses
Unless specifically listed as permitted uses in any of the zones, the following uses are
prohibited:
1.
The making or establishment of pits and quarries or wayside pits and quarries.
2.
The keeping or raising of any horse, bull, ox, sheep, goat, pig or other cattle, or any poultry,
or any reptile, or any wild animal including any tamed or domesticated wild animal, in any
residential zone or in any building or structure in any zone unless otherwise stated.
3.
Except as otherwise specifically permitted in this By-law, no land shall be used and no
building or structure shall be erected, altered or used for any purpose that creates or is likely
to become a nuisance or offensive, or both, to an adjacent property holder or to the general
public.
4.
A track for the racing or testing of automobiles, motorcycles, snowmobiles, or any motorized
vehicle.
5.
The storage of or the use in manufacturing of, coal oil, rock oil, fuel oil, burning fluids,
naphtha, benzol, benzene, gasoline, dynamite, dualin, nitroglycerine or gunpowder,
petroleum or any other combustible, inflammable, volatile or otherwise dangerous liquids,
gases or material or the bulk storage of industrial chemicals, and hazardous waste, or liquid
industrial waste as defined under the Environmental Protection Act, R.S.O., c.E.19, as
amended.
6.
Any other use which, from its nature or the materials used therein, is declared to be a nuisance
or a noxious or offensive trade, business or manufacture under the Public Health Act, or
regulations thereunder.
7.
The storage of inoperative rail cars, streetcars, buses, truck bodies or trailers without wheels
except in a wrecking yard.
3.22.2 Land Suitability for Use
Despite any other provision of this By-law, no habitable building or structure shall be
erected, altered or used on land which, by reason of its rocky, low lying, marshy, or unstable
character is unsuitable for the provision of satisfactory water supply, sewage disposal or
drainage facilities.
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No buildings or structures shall be constructed on or the use of land made within any
defined area or areas:
1.
That is a significant wildlife habitat, wetland, woodland, ravine, valley or area of natural and
scientific interest.
2.
That is the site of a significant archeological resource.
3.
That is a sensitive groundwater recharge area or headwater area or on land that contains a
sensitive aquifer.
4.
That is contaminated.
3.23 Provincial Highways
All lands adjacent to a Provincial Highway are subject to the requirements of the Ministry of
Transportation and the Town of Kapuskasing with respect to access and associated highway
corridor controls.
3.24 Public Uses and Public Service Uses (As amended by By-law 4430)
3.24.1 Scope
The provisions of this By-law shall not prevent the use of any land for public use or public
service use. Without limiting the generality of the foregoing, this includes the erection or
use of any utility installation for the purpose of public service by the Town of Kapuskasing
and/or any public authority, any department of the Government of Ontario or Canada,
including any Ontario Hydro facilities pursuant to the Planning Act, provided that where such
land, building or structure is located in a Residential Zone or on a lot adjacent to a
Residential Zone: (As amended by By-law 4430)
No goods, materials or equipment shall be stored in the open.
The lot coverage, setback and yard requirements of the zone in which such land, building
or above ground structure is located shall be complied with, except for gas, telephone, cable
and electric power (i.e. poles, towers, lines and similar elements).
Any building or structure erected in a Residential Zone under the authority of this section
shall be in accordance with Table 29 of this By-law. (As amended by By-law 4430)
Parking and loading requirements as contained in this By-law shall be complied with.
3.24.2 TransCanada Pipelines
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Protection of the TransCanada Pipeline Corridor shall be maintained with regard to the
following:
No structures or excavations shall be allowed on the pipeline right-of-way.
Grades adjacent to the right-of-way shall be matched with that of surrounding lands during
any adjacent development to prevent uncontrolled drainage subject to TransCanada
Pipeline's approval.
A setback of 10 m [32.8 ft.] shall be maintained from the pipeline right-of-way for all
permanent structures and excavations.
Any crossings of the pipeline by roads or above or below ground services shall require the
approval of the National Energy Board.
Special uses of the corridor will only be permitted where authorized or dedicated by
easement between the TransCanada Pipelines and the municipality provided such uses are
compatible with the pipeline operations.
TransCanada Pipe Line shall be notified 48 hours in advance of any construction adjacent to
the pipeline and if heavy equipment must move across or along the easement.
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3.25 Swimming Pools and Hot Tubs
Despite anything contained in this By-law, a swimming pool is permitted as an accessory
use to a permitted residential or agricultural use:
1.
In the side yard of any lot provided that:
i.
No part of such pool is located closer to any front lot line and side lot lines than
the minimum distance required for the main building located on such lot.
ii.
Any building or structure, other than a dwelling, required for changing clothing
or for pumping or filtering facilities, or other similar accessory uses, comply with
the provisions of this By-law respecting accessory building on such lot.
2
In the rear yard of any lot if no part of such pool is located closer than 1.52 m [4.98 ft.] to
any lot line. (As amended by By-law 4430)
3
Pools constructed on a Townhouse lot shall have a maximum 40% coverage of the rear yard.
Minimum 1.52 m [4.98 ft.] side yard and rear yard setbacks and a minimum 3 m [9.84 ft.]
setback from any foundation or floating slab.
4
Every swimming pool with a water depth greater than 0.6 m [1.96 ft.] shall be enclosed by a
fence between 1.52 m [4.98 ft.] and 2.13 m [6.98 ft.] in height with security gates.
5
Pools fully enclosed within a building shall conform to the requirements for accessory
buildings for a detached building or to the main building, if attached to the main building.
6
No swimming pool shall be constructed or installed in a flood plain.
7
A hot tub when not in use shall be locked to deter access.
3.26 Railway Crossing Setbacks
Where any street crosses a railway at the same grade, no building or structure shall be
erected within 46 m [150.91 ft.] of the point of intersection of the centre line of both the
railway and the street. (As amended by By-law 4430)
3.27 Sight Triangle and Sight Lines (As amended by By-law 4430)
Within any area defined as a sight triangle, the following uses shall be prohibited:
1.
A building, structure, or use which would obstruct the vision of drivers of motor vehicles.
2.
A fence, tree, hedge, bush or other vegetation, greater than 0.91 m (2.98 ft.] in height.
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3.
Any portion of a delivery space, loading space, driveway or parking space.
4.
A berm or other ground surface which exceeds the elevation of the street by more than 0.6
m [1.96 ft.].
Further, notwithstanding anything to the contrary in this By-law, no fence, tree, hedge, bush
or other vegetation greater than 0.91 m [2.98 ft.] in height shall be erected which obstructs
visual sight lines for entry/exit from a lot to any part of the municipal right of way, including
sidewalks, bike lanes and the travelled portion of the road. (As amended by By-law 4430)
3.28 Special Uses Permitted
Nothing in this By-law shall prevent the use of land or the use or erection of a building or
structure for:
1.
A scaffold or other temporary building or structure incidental to construction in progress
or premises for which a building permit has been granted, until such time as the work has
been finished or abandoned.
2.
A street sign or street light.
3.
A municipal parking meter.
4.
An authorized traffic sign or signal.
5.
A public election list or other proclamation by government authority.
6.
Parks and playgrounds in any Open Space Zones, Commercial Zones or Residential Zones
other than a Rural Residential Zone provided that such parks and playgrounds are not
operated for commercial purposes and provided that such parks or playgrounds shall
conform to the requirements of the Open Space Parks (OS) Zone.
7.
Streets, walkways, recreational or bicycle trails.
8.
A community garden.
3.29 Temporary Buildings or Structures During Construction
Nothing in this By-law shall prevent the use of land or the use or erection of a temporary
building or structure, a sign of not more than 4.5 m² [48.43 ft.²] or a scaffold or other
equipment essential to the construction in progress for which a building permit has been
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granted, but only until such time as the work has been finished or abandoned or such
equipment is no longer required. (As amended by By-law 4430)
In addition, temporary accommodation for a business or other use which is intended to
occupy a building which is under construction with the work in progress on such building,
may be temporarily permitted on the same lot in the form of a mobile, relocatable, portable
or transportable building provided:
Approval is obtained for the Chief Building/Zoning Official pursuant to the matters
contained herein.
Such temporary accommodation is removed from the lot immediately upon completion of
construction, abandonment of construction or at such time as in the opinion of the Chief
Building/Zoning Official it is no longer required.
3.30 Through Lots
Where a lot which is not a corner lot has lot frontage on more than one street such lot
shall have a front yard on each street in accordance with the provisions of the zone or
zones in which each front yard is located.
3.31 Water and Sewer Services
Within the urban area, no person shall hereafter erect or use in whole or in part, any building
or structure for any residential, commercial or industrial purposes on any land unless the
use, building or structure is properly connected to a municipal water supply and a
municipal sanitary sewer where sanitary services are installed within the building or
structure or as part of the use of the land. Municipal water supply and municipal sanitary
sewer may be substituted by such services as may be approved by the Municipality and the
Ministry of Environment and Climate Change or its designate. Despite the foregoing nothing
shall prevent the erection of a building on any lot contained within a plan of subdivision
registered prior to the passing of this by-law, or on any parcel of land which was surveyed
by an Ontario Land Surveyor or registered as a separate parcel prior to January 1, 1964 or a
parcel of land not less than 4 hectares [10 acres] in area, provided that such building or
structure complies in all other respects with the provisions of the zone so established by the
by-law.
Within the Rural Area, no person shall erect or use in whole or in part, any building or
structure unless the use, building or structure is properly connected to approved water
and sewage systems under the Ontario Water Resources Act or the Building Code Act
unless the use is exempted under the Building Code Act or prohibited or regulated by this
By-law.
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3.32 Yard Requirements when Waterways are Involved
Where in this By-law a front, side or rear yard is required, and part of the area of the lot is
usually covered by water or marsh, or is beyond the rim of a river bank or watercourse, or
between the top and toe of a cliff or embankment having a slope of thirty degrees or more
from the horizontal, then the required yard shall be measured from the nearest main wall
of the main building or structure on the lot to the edge of said area covered by water or
marsh, or to the rim of said river bank or watercourse, or to the top of the said cliff or
embankment if such area is closer than the lot line.
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4.Zones
4.1
Zone Classification
For the purposes of zoning, the Planning Area is divided into Zones which are applicable to
the Town of Kapuskasing and/or the unorganized territory surrounding the Town. These
zones are named and described in the following sections, the boundaries of which are shown
on the attached Zone Schedules which form part of this By-law. These zones may be referred
to by the name or the symbol set opposite the name of the zone below:
Zone
Zone Symbol
Urban Zones
First Density Residential Zone........................................................................................................................R1
Second Density Residential Zone .................................................................................................................R2
Third Density Residential Zone......................................................................................................................R3
First Density Multiple Residential Zone..................................................................................................RM1
Second Density Multiple Residential Zone...........................................................................................RM2
Rural Zones
Rural Residential Zone.............................................................................................................RR-A, RR-B, RR
Residential Mobile Home Zone................................................................................................................RMH
Rural Zone ...................................................................................................................................RU, RU-A, RU-B
Commercial Zones
Core Commercial Zone.....................................................................................................................................C1
Mixed Use Zone...................................................................................................................................................C2
Highway Commercial Zone.............................................................................................................................C3
Local Commercial Zone....................................................................................................................................C4
Funeral Home.......................................................................................................................................................C5
Industrial Zones
Mixed Industrial Commercial Zone.............................................................................................................M1
Light Industrial Zone ........................................................................................................................................M2
Heavy Industrial Zone......................................................................................................................................M3
Waste Management Facility Zone...........................................................................................................WMF
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Mineral Aggregate Zone ................................................................................................................................MX
Environmental Zones
Open Space Park Zone.....................................................................................................................................OS
Environmental Protection Zone.....................................................................................................................EP
Wetland Zone........................................................................................................................................................W
Other
Airport Commercial Zone................................................................................................................................CA
4.2
Zone Requirements
The Zone Requirements applicable to each of the above zones shall be as set out in Schedule
"A" and are in addition to any General Provision set out in Section 3.0 of this By-law.
4.3
Schedules and Zone Symbols
The zones and associated symbols set out in Section 4.1 and the boundaries of such zones
are shown upon the schedules attached hereto, marked Schedule A and Schedule B and
designated as the Zoning Schedules, which zone boundaries and maps are hereby declared
to form part of this By-law.
The zone regulations for the zones set out in Section 4.1 are shown upon the chart attached
hereto, marked Schedule "A" is hereby declared to form part of this By-law.
4.4
Interpretation of Boundaries of Zones
Where uncertainty exists with respect to the boundaries of the various zones as shown on
the Zoning Schedules, the following rules shall apply:
1.
Streets or Lanes: The zone boundaries are either streets or lanes unless otherwise shown,
and where the indicated boundaries on the Zoning Schedules are approximately streets or
lanes, the said streets or lanes shall be construed to be the boundaries.
2.
Lot Lines: Where the zone boundaries are not shown to be streets or lanes, and where
indicated boundaries on the Zoning Schedules are approximately lot lines, the said lot lines
shall be construed to be the zone boundaries unless said boundaries are otherwise indicated
on the schedules.
3.
Street or Lane or Right-of-Way: A street, lane, or railway right-of-way, or watercourse
included
on
the
Zoning
Schedules,
shall
unless
otherwise
indicated,
be
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included within the zone of the adjoining property on either side thereof; and where such
street, lane, right-of-way or watercourse serves as a boundary between different zones, a
line midway in such street, lane, right-of-way or watercourse and extending in the general
direction of the long division thereof shall be considered the boundary between zones unless
specifically indicated otherwise.
4.
Closed Street or Lane or Right-of-Way: In the event a dedicated street or lane or
right-of-way shown on the maps is closed, the property formerly in said street or lane or
right-of-way shall be included within the zone of the adjoining property on either side of the
said closed street or lane or right-of-way, and the zone boundary shall be the former centre
line of the said closed street or lane or right-of-way.
5.
Shoreline: Where any zone on Zoning Schedules buts a shoreline, such zone shall be
deemed to extend into the lake and to apply to any water lots or to any land created by
changing lake levels, landfill operations or by any other means.
6.
A boundary indicated as following the limits of the Town of Kapuskasing Planning Area shall
follow such limits.
7.
Where any zone boundary or a dimension is left uncertain after application of the
above
provisions then the boundary or dimension shall be determined from the zoning schedule
using the scale bar thereon.
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5
FIRST DENSITY RESIDENTIAL (R1) ZONE
No person shall use any land or erect, alter or use any building or structure in the First
Density Residential (R1) Zone except in accordance with the following provisions and
Schedule "A", and Sections 3 and 4 of this By-law.
5.1
Permitted Uses
5.1 - R1 Permitted Uses
Principle Use
Accessory Use
Single Detached
Dwelling
Accessory use, building or structure (see 3.1)
Bed & Breakfast Establishment (see 3.1.12)
Garden Suite (see 3.1.10)
Home Based Business (see 3.8)
Private Home Daycare
Second Dwelling Unit (see 3.1.11)
Swimming Pools (see 3.24)
Temporary Car Shelter (see Table 3.1)
Group Home (see 3.6)
Accessory use, building or structure (see 3.1)
Swimming Pools (see 3.24)
Institutional Uses:
Crisis Care Facility
Day Nursery
Accessory use, building or structure (see 3.1)
Park, Playground,
Community Garden (see
3.27.6)
Accessory use, building or structure (see 3.1)
5.2
Zone Regulations
See Table 29 for Zone Regulations. (As amended by By-law 4430)
5.3
Additional Requirements
N/A
5.3
Zone Exceptions
Within the (R1) Zone, the following exceptions to this By-law shall apply:
1. (Plans of Subdivision Registered Prior to April 29, 1978)
Lots contained within any plans of subdivision registered prior to April 29, 1978 shall be
deemed to conform with the required minimum lot frontage provided all other requirements
for the R1 Zone are complied with. (As amended by By-law 4430)
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2. R1-1 2,4,6 and 8 Mateeve Avenue (As amended by By-law 1737, 4430)
Minimum Front Yard ........................................................6 m [19.68 ft.] (As amended by By-law 4430)
Minimum Exterior Side Yard...........................................1.5 m [4.92 ft.] (As amended by By-law 4430)
3. R1-2 (15 and 17 Cloutier Place, Bylaw No. 3074) (As amended by By-law 4430)
i.
Lots 15 and 16 Plan M-369-C, municipally addressed as 15 and 17
Cloutier Place, shall be subject to the following provisions:
ii.
The lots are restricted to the storage of RV's intended for retail sale.
iii.
A tree buffer at the front of the lots on Cloutier Place shall be provided for
aesthetic purposes.
iv.
Through traffic or access to the lots will be permitted from the commercial lot
only. (Bylaw No. 3032)
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6
SECOND DENSITY RESIDENTIAL (R2) ZONE
No person shall use any land or erect, alter or use any building or structure in the Second
Density Residential (R2) Zone except in accordance with the following provisions and
Schedule "A", and Sections 3 and 4 of this By-law.
6.1
Permitted Uses
6.1 - R2 Permitted Uses
Principle Use
Accessory Use
Single Detached Dwelling (As
amended by By-law 4430)
Duplex Dwelling
Semi-detached Dwelling
Two Unit Dwelling
Accessory use, building or structure (see 3.1)
Garden Suite (see 3.1.10)
Home Based Business (see 3.8)
Private Home Daycare
Second Dwelling Unit (see 3.1.11)
Swimming Pools (see 3.24)
Temporary Car Shelter (see Table 3.1)
Group Home (see 3.6)
Accessory use, building or structure (see 3.1)
Swimming Pools (see 3.24)
Institutional Uses:
Place of Worship
Crisis Care Facility
Day Nursery
School
Accessory use, building or structure (see 3.1)
Park, Playground, Community
Garden (see 3.27.6)
Accessory use, building or structure (see 3.1)
6.2
Zone Regulations
See Table 29 for Zone Regulations.
(As amended by By-law 4430)
6.3
Additional Requirements
N/A
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6.4
Zone Exceptions
Within the (R2) Zone, the following exceptions to this By-law shall apply:
1.
R2-1 (8 Cedar Street, Bylaw No. 2534) : (As amended by By-law 4430)
Part 1 of Lot 21, Concession 15, municipally known as 8 Cedar Street is permitted a reduction
in exterior side yard setback requirements from 9 m [29.52 ft.] to 3 m (9.84 ft.) for the
construction of the new front addition. (As amended by By-law 4430)
2.
R2-2 (102 Riverside Drive, Bylaw No. 4339) (As amended by By-law 4430)
Notwithstanding the provisions of Section 6.1, and Section 6.2 to the contrary, in any 'R2-2
Zone', the following provisions shall apply: (As amended by By-law 4430)
Permitted uses shall also include a 'Day Spa', which may include an accessory retail sales
outlet(As amended by By-law 4430)
Minimum Rear Yard: 4.3 m [14.11 ft.] (As amended by By-law 4430)
Signage shall only be permitted on the exterior wall of the main building to indicate the
nature of the business. The sign shall have a maximum display area of 2.2 sq. m. Illuminated
signs will not be permitted. (As amended by By-law 4430)
The provisions of Section 3.19.3.5 shall not apply to a driveway entrance location to an
intersection. (As amended by By-law 4430)
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7
THIRD DENSITY RESIDENTIAL (R3) ZONE
No person shall use any land or erect, alter or use any building or structure in the Third
Density Residential (R3) Zone except in accordance with the following provisions and
Schedule "A", and Sections 3 and 4 of this By-law.
7.1
Permitted Uses
7.1 - R3 Permitted Uses
Principle Use
Accessory Use
Boarding or Rooming House
Double Duplex Dwelling
Duplex Dwelling
Semi-detached Dwelling
Single Detached Dwelling
Triplex Dwelling
Two Unit Dwelling
Accessory use, building or structure (see 3.1)
Garden Suite (see 3.1.10)
Home Based Business (see 3.8)
Private Home Daycare
Second Dwelling Unit (see 3.1.11)
Swimming Pools (see 3.24)
Temporary Car Shelter (see Table 3.1)
Group Home (see 3.6)
Accessory use, building or structure (see 3.1)
Swimming Pools (see 3.24)
Institutional Uses:
Place of Worship
Civic Centre
Continuum-of-Care-Facility
Crisis Care Facility
Day Nursery within a Place of
Worship or a School
Nursing
or
Rest
Home,
Continuum of Care facility
Hospital
(new
site
only)
Medical Centre (hospital site
only)
Accessory use, building or structure (see 3.1)
Workshop, training centre physically challenged
Park, Playground,
Community Garden (see
3.27.6)
Accessory use, building or structure (see 3.1)
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7.2
Zone Regulations
See Table 29 for Zone Regulations. (As amended by By-law 4430)
7.3
Additional Requirements
N/A
7.4
Zone Exceptions (As amended by By-law 4430
Within the (R3) Zone, the following exceptions to this By-law shall apply:
1.
R3-1 (7 Aurora Avenue, Bylaw No. 2352)
Lots 375, 376, 377 and Part of Lots 378, 387, 388, 389, 390, Plan M-45T, municipally known
as 7 Aurora Avenue is permitted main building additions unto a recreational/public building
with the following provisions:
Minimum east side yards 4.7m [15.41 ft.] Minimum west side yard setback:
0.40 m [1.31 ft]
Rear Canopy built unto the subject building along the south rear wall of the building and
with a floor area of 16.4 m² [176.52 ft.²] may be erected or located and used.
2.R3-2 (13 Ash Street, Bylaw No. 2347)Part 5, Plan CR-1262, Lots 2276 and 2277,
Plan M-182 Cochrane, municipally known as 13 Ash Street, is permitted a front canopy built
unto an institutional building with the following provisions:
a) Maximum projection of a front canopy shall be 4 m [13.12 ft.] including eaves.
b) Maximum floor area: 50 m² [538.19 ft.²]
3. R3-3 (20 and 22 Ontario Avenue, Bylaw No. 2537)
ON Lots 3019, 3020 and 3021, Plan M-299-C, being Parcel 7630 CC, municipally known as
20 and 22 Ontario Avenue, the following shall apply:
Rear yard setback reduction from 7.62 m [25 ft.] to 6.1 m [20 ft.]
4.
R3-4 (125 Brunetville Road, Bylaw No. 2590)(As amended by By-law 4430)
East side yard of the main building or attached accessory building is permitted to be 0.3
m [1 ft.] from the property line provided main building rear yard requirements are
maintained
5. R3-5 (24 Mundy Avenue, Bylaw No. 2730)
The front yard setback is eliminated.
6.
R3-6 (5 Frontenac Crescent, Bylaw No. 2675)
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Front yard setback for the main building has been reduced from 6.0 m (19.68 ft.) to
4.14 m (13.58 ft).
7.
R3-7 (100 Riverside Drive)
Lot 1053, M-148C, 100 Riverside Drive may be used for purposes of a dwelling for a
day care facility providing that no more than ten (10) trainees reside in such residence at
any one time and that the existing residence is not extended or added to beyond the
building size and area which existed on June 23, 1975.
8.
R3-8
(6 Frontenac Avenue)
6 Frontenac Avenue shall be zoned as R3-8 (Amended by By-law 4502)
A Personal Service Shop shall be permitted as a Home Based Business.
9.
R3-9
(26 Egerton Street) (Amended by By-law 4503)
26 Egerton Street shall be zoned as R3-9
Personal Service Shop shall be permitted as a Home Based Business.
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8
FIRST DENSITY MULTIPLE RESIDENTIAL (RM1)
ZONE
No person shall use any land or erect, alter or use any building or structure in the First
Density Multiple Residential (RM1) Zone except in accordance with the following provisions
and Schedule "A", and Sections 3 and 4 of this By-law.
8.1
Permitted Uses
8.1 - RM1 Permitted Uses
Principle Use
Accessory Use
Multiple Unit Dwelling
Accessory use, building or structure (see 3.1)
Storage Container (see 3.1.13)
Swimming Pools (see 3.24)
Home Based Business (see 3.8)
Temporary Car Shelter (see Table 3.1)
Row or Townhouse Dwelling
Accessory use, building or structure (see 3.1)
Second Dwelling Unit (see 3.1.11)
Storage Container (see 3.1.13)
Swimming Pools (see 3.24)
Home Based Business (see 3.8)
Temporary Car Shelter (see Table 3.1)
Group Home (see 3.6)
Accessory use, building or structure (see 3.1)
Storage Container (see 3.1.13)
Swimming Pools (see 3.24)
Temporary Car Shelter (see Table 3.1)
Institutional Uses:
Place of Worship
Continuum-of-Care-Facility
Crisis Care Facility
Day Nursery
Day Spa
School
Accessory use, building or structure (see 3.1)
Park, Playground, Community
Garden (see 3.27.6)
Accessory use, building or structure (see 3.1)
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8.2
Zone Regulations
See Table 29 for Zone Regulations. (As amended by By-law 4430)
8.3
Additional Requirements
The minimum interior side yard shall not apply to the party wall of a row house.
The minimum separation distance between any window in a dwelling and any parking
space shall be 3 m (9.84 ft.) in the (RM1) Zone. (Excluding row house dwellings)
For any dwelling, a fenced privacy area shall be provided for each dwelling unit having a
minimum area of 37 m² [398.26 ft.²], provided the dwelling unit has direct access to the
outside. (As amended by By-law 4430)
8.4
Zone Exceptions (As amended by By-law 4430)
1.
RM1-1 Lots 2 to 5 Plan 6M-477, Golf Street (Amended by By-law 4482)
Notwithstanding the provisions of Table 29, the following provisions shall apply to
the subject lands:
Permitted Lot Frontage (min): 7.5 metres
Permitted Lot Coverage (max): 55%, which shall apply tothe following
lots as described on Schedule B:
a) Permitted Lot Frontage (min): 7.5 metres
b) Permitted Lot Coverage (max): 55%, which shall apply to the
following lots as described on Schedule C
- Part 2 of Lot 2 & Part 3 of Lot 3 (both parts form 1 lot)
- Part 4 of Lot 3
- Part 7 of Lot 4 & Part 8 of Lot 5 (both parts form 1 lot)
- Part 9 of Lot 5
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Schedule "C" RM1-1 (By-law 4482
being Lots 2- 5 Plan 6M477)
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9.
SECOND DENSITY MULTIPLE RESIDENTIAL
(RM2) ZONE
No person shall use any land or erect, alter or use any building or structure in the Second
Density Multiple Residential (RM2) Zone except in accordance with the following provisions
and Sections 3 and 4 of this By-law. (As amended by By-law 4430)
9.1
Permitted Uses
9.1 - RM2 Permitted Uses
Principle Use
Accessory Use
Apartment Dwelling
Accessory use, building or structure (see 3.1)
Storage Container (see 3.1.13)
Swimming Pools (see 3.24)
Home Based Business (see 3.8)
Temporary Car Shelter (see Table 3.1)
Group Home (see 3.6)
Accessory use, building or structure (see 3.1)
Storage Container (see 3.1.13)
Swimming Pools (see 3.24)
Temporary Car Shelter (see Table 3.1)
Park, Playground, Community
Garden (see 3.27.6)
Accessory use, building or structure (see 3.1)
9.2
Zone Regulations
See Table 29 for Zone Regulations. (As amended by By-law 4430)
9.3
Additional Requirements
1. The minimum separation distance between any window in a dwelling and any
parking space shall be 3 m (9.84 ft.). (As amended by By-law 4430)
2. For any apartment dwelling, an outdoor useable open space area equal to 50% of
the gross floor area shall be provided of which not less than 50% shall be located in
the same area.
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9.4
Zone Exceptions (As amended by By-law 4430)
Within the (RM2) Zone, the following exceptions to the By-law shall apply:
1. RM2-1, 10 Drury Street (As amended by By-law 4430)
Permitted uses shall also include "Business/Professional/Personal Service Office Space
Rentals
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10.
RURAL RESIDENTIAL (RR) ZONE
No person shall use any land or erect, alter or use any building or structure in the Rural
Residential (RR) Zone except in accordance with the following provisions and Schedule "A",
Articles 3 and 4 of this By-law.
10.1
Permitted Uses
10.1 - RR Permitted Uses
Principle Use
Accessory Use
Single Detached Dwelling
Seasonal Dwelling
Semi-Detached Dwelling
Two-Unit Dwelling
Accessory use, building or structure (see 3.1)
Bed & Breakfast Establishment (see 3.1.12)
Garden Suite (see 3.1.10)
Guest House (see Table 3.1)
Home Based Business (see 3.8)
Private Home Daycare
Swimming Pools (see 3.24)
Temporary Car Shelter (see Table 3.1)
Group Home (see 3.6)
Accessory use, building or structure (see 3.1)
Swimming Pools (see 3.24)
Temporary Car Shelter (see Table 3.1)
Commercial Uses:
Convenience Store
Personal Service Shop
Contractor's Yard
Accessory use, building or structure (see 3.1)
Park, Playground,
Community Garden (see
3.27.6)
Accessory use, building or structure (see 3.1)
10.2
Zone Regulations
See Table 29 for Zone Regulations. (As amended by By-law 4430)
10.3
Additional Requirements
1. A group home shall not be permitted in a seasonal dwelling.
2. The maximum floor area for a guest house shall be 25 m² [269.09 ft.²] and does not
contain any cooking facilities. (As amended by By-law 4430)
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3. A contractor's yard shall not be permitted in a Rural Residential (RR-A) Zone.
4. No storage or stockpiling of aggregate and/or recyclable materials will be allowed
in the contractor's yard. Rural Residential (RR-A) Zone.
5. Any storage in the contractor's yard shall be appropriately screened from adjacent
land uses in accordance with Section 3.13.2 and 3.13.3. (As amended by By-law 4430)
6. A bed and breakfast establishment shall only be permitted in a single detached
dwelling.
10.4
Zone Exceptions (As amended by By-law 4430)
Intentionally left blank. (As amended by By-law 4430)
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11.
RESIDENTIAL MOBILE HOME (RMH) ZONE
No person shall use any land or erect, alter or use any building or structure in the Residential
Mobile Home (RMH) Zone except in accordance with the following provisions and Schedule
"A", Articles 3 and 4 of this By-law.
11.1
Permitted Uses
11.1 - RMH Permitted Uses
Principle Use
Accessory Use
Mobile Home
Mobile Home Park
Park Model Trailer
Accessory use, building or structure (see 3.1)
Home Based Business (see 3.8)
Mobile Home Sales and/or Management Office
Private Home Daycare
Swimming Pools (see 3.24)
Temporary Car Shelter (see Table 3.1)
Group Home (see
3.6)
Accessory use, building or structure (see 3.1)
Swimming Pools (see 3.24)
Temporary Car Shelter (see Table 3.1)
Commercial Uses:
Convenience Store
Accessory use, building or structure (see 3.1)
Park, Playground,
Community Garden
(see 3.27.6)
Accessory use, building or structure (see 3.1)
11.2
Zone Regulations
See Table 29 for Zone Regulations. (As amended by By-law 4430)
11.3
Additional Requirements
1. Mobile Home Park
i.
Minimum number of mobile home sites per park: 20
ii.
Maximum density: 20 mobile homes per hectare [8 per acre] of mobile
home park land.
iii.
Notwithstanding any provision of this By-law, the minimum width of a
landscape buffer on all boundaries of park: 7.5 m [24.6 ft.]. (As amended
by By-law 4430)
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The landscape buffer shall be used for no other purpose except planting, walkways,
internal roads and entrance and exit routes crossing such buffer strip. (As amended by
By-law 4430)
iv.
A minimum of 5% of the lot shall be provided for park and playground
areas for the common use of the mobile home park residents. Such
area shall not form part of the mobile home sites or the internal park
streets. (As amended by By-law 4430)
2. Mobile Home Site
i.
Access to mobile home sites shall be provided from an internal park street
with no sites having direct access to a public street.
ii.
The minimum distance between mobile homes, or between a mobile
home and a permanent structure in the same mobile home park shall be
6 m (19.68 ft.). (As amended by By-law 4430)
11.4
Zone Exceptions (As amended by By-law 4430)
Intentionally left blank. (As amended by By-law 4430)
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12.
CORE COMMERCIAL (C1) ZONE
No person shall use any land or erect, alter or use any building or structure in the Core
Commercial (C1) Zone except in accordance with the following provisions and Schedule "A",
and Sections 3 and 4 of this By-law.
12.1
Permitted Uses
12.1 - C1 Permitted Uses (As amended by By-law 4430)
Principle Uses
Commercial Uses
Ambulance facility
Animal Day Care Establishment
Animal Shelter
Arcade
Auction Hall
Automobile washing establishment
Automotive gasoline bar or cardlock
facility
Automotive sales establishment
Automotive service station
Bake Shop
Bakery
Bank or Financial Institution
Bed and Breakfast Establishment
Bingo Hall
Brewery or Winery
Building Supply Centre
Bus Depot
Call Centre
Car Rental Agency
Catering Establishment
Clinic
Club
Commercial Parking Lot
Commercial Use
Commercial School
Communication facility
Convenience Store
Curling Club
Custom Workshop
Dairy
Day Nursery
Day Spa
Drive-Through Facility
Dry Cleaning Establishment
Eating Establishment
Entertainment Establishment
Farmer's Market
Fitness Centre
Funeral Parlour
Government Office
Highway Service Centre
Hotel
Laundromat
Laundry and Dry Cleaning
Establishment
Laundry Plant
Massage Parlour
Microbrewery
Mixed Use Building
Motel
Museum
Office
Park, Community Garden
Parking Lot
Personal Service Shop (As
amended by By-law 4430)
Pet Grooming Establishment
Pet Shop
Place of Assembly
Place of Amusement
Place of Entertainment within a completely
closed building
Printing and Processing Service Shop
Private Club
Private School
Public Garage
Public Service Use (see 3.23)
Publishing House
Recreational Commercial Establishment
Recreational Vehicle Sales, Storage and
Service Establishment
Restaurant
Retail Sales Outlet (As amended by By-law 4430)
Retail Store
Service Outlet or Shop
Shopping Centre
Studio
Tavern
Taxi Stand
Tourist Establishment
Tourist Outfitters Establishment
Veterinary Establishment
Video Rental Outlet
Warehouse Sales Establishment
Wellness Centre
Wholesale and Distributing Shop
Residential Uses
Apartment Dwelling
Boarding or Rooming House
Existing Dwelling (As amended by By-law
4430)
Institutional Uses
Institutional Use
Park, Playground, Community Garden
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12.2
Zone Regulations (As amended by By-law 4430)
See Table 29 for Zone Regulations. (As amended by By-law 4430)
12.3
Additional Requirements
1. Despite Section 12.1, no dwelling unit may be located in a building or structure
used as an automotive service station or automotive gasoline bar, public garage,
an automotive sales establishment, an automotive washing establishment or a
recreational vehicle sales, storage and servicing establishment, a warehouse or
storage use.
2. Minimum Additional Yard Requirements
i.
Front Yard - Street Line
Any entrance or exit door must be recessed a minimum of 0.9 m [3 ft.] from
the street line, except an existing dwelling, in which case the building shall be
set back 6.0 m [19.68 ft.] (As amended by By-law 4430)
ii.
Rear Yard
No minimum where lot abuts a public or private lane.
Minimum rear yard of 3 m [9.84 ft.] where the lot does not abut a public or
private lane or where the lot abuts a Residential, Open Space, Commercial or
Industrial Zone.
iii.
Side Yard
No minimum where side yard of lot abuts and has access to a public or private
lane.
Minimum side yard of 3.65 m [11.97 ft.] where side yard does not abut or have
access to a public or private lane. (As amended by By-law 4430)
Accessory Uses
Permitted Commercial Use
Accessory use, building or structure (see 3.1)
Drive-through Facility
Parking Area
Storage Container (see 3.1.13)
Permitted Residential Use
Accessory Dwelling
Accessory Dwelling Unit
Home Based Business (see 3.8)
Permitted Institutional Use
Accessory use, building or structure (see 3.1)
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Minimum side yard of 1.5 m [4.92 ft.] where side yard abuts a Residential or Open Space
Zone.
3.
Expansion or Alteration of Existing Building
The zone requirements set out in Schedule "A" and section 12.3.2 (ii) with respect to rear
yard shall not apply to the expansion, alteration of any existing building used for a
permitted commercial use located in a Core Commercial (C1) Zone.
4.
Replacement of Existing Building
See Section 3.3.7 of this By-law.
5. Open Storage
No open storage of goods and material shall be permitted in the Core Commercial (C1)
Zone with the exception of Part of Lot 21, Concession 15, Parcel 2966 (40 Brunetville
Road), Centre Cochrane Lot 1011, Plan M-155, Parcel 5123 (26 Byng Avenue), Centre
Cochrane Part 2, Plan 6R-1880, Parcel 7069 (29 Byng Avenue), Centre Cochrane Part of
Lot 21, Concession 14, Parcel 3503, Centre Cochrane Part of Lot 21, Concession 14, Parcel
2967, Centre Cochrane Part 1, Plan CR-16, Parcel 5294, Centre Cochrane (1 Queen Street)
and perimeter screening by means of fencing or structures shall be required.
6. Parking
Parking and loading facilities shall be provided in accordance with the provision of
Sections 3.13 and 3.19 of this By-law.
12.4
Zone Exceptions
Within the (C1) Zone, the following exceptions to the By-law shall apply:
C1-1 (71 Queen Street, Bylaw No. 2636) (As amended by By-law 4430)
Lot 447, Plan M-45-T, Parcel 281 CC, municipally known as 71 Queen Street is permitted an
accessory dwelling unit in the basement of the commercial establishment. (As amended by
By-law 4430)
C1-2 (62 Devonshire Avenue, Bylaw No. 2722) (As amended by By-law 4430)
Part of Lots 213 and 215 and Lot 214, Plan M-45-T, Parcel 3767 CC, municipally known as 62
Devonshire Avenue is restricted to the following commercial uses: tanning salon, fitness
centre and related sales and administration offices. (Bylaw No. 2722)
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C1-3 (56 Riverside Drive, Bylaw No. 3099) (As amended by By-law 4430)
A reduced rear yard setback of 10' and a reduced side yard setback of 6' is permitted for the
construction of an accessory building. (As amended by By-law 4430)
C1-4 (158 Brunetville Road, Bylaw No. 4331)(As amended by By-law 4430)
Notwithstanding the provisions of Section 12.1 to the contrary in any 'C1-4 Zone' a 'Special
Event' shall also be permitted once (1) during a calendar year, which will have an approved
Site Plan Agreement between the landowner and the Municipality.
For the purposes of the 'C1-4 Zone', a 'Special Event' means an outdoor music festival which
is temporary in nature and may include temporary accessory camping, vendor area, and
parking.
For the purposes of the 'C1-4 Zone', 'temporary' shall mean that each Special Event shall not
exceed 6 days duration in a calendar year.
Notwithstanding the provisions of Section 12.3.2 (iii) to the contrary in any 'C1-4 Zone' the
following provisions shall apply:
Minimum Westerly Side Yard:
1.3 metres [4.27 ft.] (As amended by By-law 4430)
C1-5 (150 Brunetville Road, Bylaw No. 4330) (As amended by By-law 4430)
Notwithstanding the provisions of Section 12.3.2 (iii) and section 3.19.1 to the contrary in
any 'C1-5 Zone' the following provisions shall apply: (As amended by By-law 4430)
Minimum Easterly Side Yard:
1.1 metres [3.61 ft.] (As amended by By-law 4430)
Minimum Parking Spaces:
15 (As amended by By-law 4430
C1-6 (58 Riverside Drive (As amended by By-law 4506)
Notwithstanding the provisions of Sections 12 to the contrary in any 'C1-6' Zone, the
following provisions shall apply:
a) Permitted uses shall also include a single-detached dwelling.
b) Minimum Interior Side Yard 3 metres.
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13.
MIXED USE (C2) ZONE
No person shall use any land or erect, alter or use any building or structure in the Mixed Use
(C2) Zone except in accordance with the following provisions and Schedule "A", and Sections
3 and 4 of this By-law.
13.1
Permitted Uses
13.1 - C2 Permitted Uses
Principle Use
Accessory Use
Mixed-use Building
Communication Facility
Accessory use, building or structure (see 3.1)
Parking Area
Storage Container (see 3.1.13)
Residential Uses:
Existing Dwelling
Accessory use, building or structure (see 3.1)
Home Based Business (see 3.8)
Swimming Pools (see 3.24)
Temporary Car Shelter (see Table 3.1)
13.2
Zone Regulations
See Table 29 for Zone Regulations. (As amended by By-law 4430)
13.3
Additional Requirements
A minimum of 25% of the gross floor area shall be devoted to commercial and/or
institutional uses.
Access to a commercial or institutional use shall be separated from the access to any
residential use.
Front Yard - Building Line
No minimum except that any entrance or exit door must be recessed a minimum of 0.9 m [2.95 ft.]
from the street line. (As amended by By-law 4430)
Rear Yard
No minimum where lot abuts a public or private lane.
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Minimum rear yard of 6 m [19.68 ft.] where lot does not abut a public or private lane or where lot
abuts a Residential or Open Space Zone. (As amended by By-law 4430)
Side Yard
No minimum where rear yard of lot abuts a public or private lane.
Minimum side yard of 3.65 m [11.97 ft.] where rear yard does not abut a public or private
lane.
Minimum side yard of 1.5 m [4.92 ft.] where side yard abuts a residential use or a Residential
or Open Space Zone.
Parking
Parking and loading facilities shall be provided in accordance with the provision of Sections
3.13 and 3.19 of this By-law.
13.4
Zone Exceptions (As amended by By-law 4430)
Intentionally left blank.
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14.
HIGHWAY COMMERCIAL (C3) ZONE
No person shall use any land or erect, alter or use any building or structure in the Highway
Commercial (C3) Zone except in accordance with the following provisions and Schedule "A",
and Sections 3 and 4 of this By-law.
14.1
Permitted Uses
14.1 - C3 Permitted Uses
Principle Uses
Ambulance Facility
Animal Shelter
Auction Hall
Auto Body Shop
Automotive Gasoline Bar or
Cardlock facility
Automotive Sales
Establishment
Automotive Service Station
Automotive Washing
Establishment
Bakery
Bank or Financial Institution
Brewery or Winery
Building Supply Centre
Bus Depot
Business or Professional Office
Call Centre
Cheese Factory
Clinic
Commercial Greenhouse,
Nursery or Garden Centre
Commercial Parking Lot
Commercial School Communication
and Transportation Service
Communication Facility
Convenience Store
Curling Club
Custom Workshop
Dairy
Day Nursery
Day Spa
Drive-Through Facility
Eating Establishment
Farmer's Market
Flea Market
Government Office
Highway Service Centre
Hotel
Microbrewery
Massage Parlour
Motel
Parking Lot
Personal Service Shop (As amended by
By-law 4430)
Place of Entertainment
Printing Shop
Proving Ground
Public Garage
Public Service Use (see 3.23)
Publishing House
Recreational Commercial Establishment
Recreational Vehicle Sales, Storage and
Service Establishment Restaurant
Service Outlet or Shop
Shopping Centre
Studio
Tavern
Tourist Establishment
Tourist Outfitters Establishment
Transportation Terminal
Wholesale Establishment
Vehicle Compound
Veterinary Establishment
Video Rental Outlet
Warehouse
Wholesale and distribution
establishment
Wholesale shop
Institutional Uses
Arena
Community Centre
Community Garden
Place of Worship
Residential Uses
Existing Dwelling
Accessory Uses
Permitted Commercial Use
Accessory use, building or structure (see 3.1)
Accessory Dwelling
Accessory Dwelling Unit
Drive-through Facility
Parking Area
Storage Container (see 3.1.13)
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14.1 - C3 Permitted Uses
Permitted Institutional Use
Accessory use, building or structure (see 3.1)
Parking Area
Storage Container (see 3.1.13)
14.2
Zone Regulations
See Table 29 for Zone Regulations. (As amended by By-law 4430)
14.3
Additional Requirements
1.
Where any lot used for a commercial use abuts a lot on which the principal use is
a residential use, outside storage is prohibited in those yards on the commercial
use lot which abuts the residential use lot unless the outside storage is fully and
completely hidden by an opaque screen or buffer.
2. Despite Section 14.1, no dwelling unit may be located in a building or structure
used as a welding shop, an automotive service station, an automotive gasoline
bar, an automotive washing establishment, an automotive sales establishment,
a recreational vehicle sales, storage and service establishment, a highway service
centre, a warehouse , a wholesale shop or storage use.
3.
Council will require as a first priority that access by vehicular traffic be gained from
Highway 11 for properties located between Highway 11, Cournoyer Street and
Algonquin Street. Except for existing businesses, temporary access from Cournoyer
Street and Algonquin Street may be granted through site plan control.
4. Parking
Parking and loading facilities should be provided in accordance with the provisions
of Sections 3.13 and 3.19 of this By-law.
14.4
Zone Exceptions
Within the C3 Zone, the following exceptions to this By-law shall apply:
C3-1 (160 Government Road) (As amended by By-law 4430)
Minimum setback on east, north and west, and shall be 0.3 m [098 ft.] (As amended by By-
law 4430)
Minimum number of parking spaces shall be 12.
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C3-1 (204 Government Road)
Minimum Lot Area: 8 ha [19.76 ac.]. (As amended by By-law 4430)
The buffer strip between a test track and Highway No. 11 shall be of sufficient height and
density to obscure the view of the test track from the Highway by the travelling public.
A test track shall be further protected with adequate buffering from all surrounding lands by
means of acceptable engineering practices so as to control the amount and intensity of
sound transmitted or emanating from such test track in order to not interfere with the normal
use of such surrounding lands.
C3-2 (160 Government Road, Bylaw No. 2384)
Lots 2,3 and 4, Plan M-146 C, municipally addressed as 160 Government Road shall be
subject to the following provisions:
Minimum setback on east, north and west, and shall be 0.3 m [0.98 ft.].
Minimum number of parking spaces shall be 12.
C3-3 (224 Government Road, Bylaw No. 2526) (As amended by By-law 4430)
The construction of a single family dwelling attached to a vehicle storage garage shall be
permitted in a Highway Commercial (C3) Zone as it pertains specifically to Parcels 4410 and
2830 CC (municipally known as 224 Government Rd). (As amended by By-law 4430)
C3-4 (350 Government Road, Bylaw No. 2603) (As amended by By-law 4430)
The following lands shall be considered one lot whereas a group of commercial uses which
are designed, developed and managed as a unit by a single owner or tenant or a group of
owners or tenants provided that such group of commercial uses are not contained in a
building where the entrance to individual commercial uses is from an interior corridor or
common area. The lands subject to these provisions are: (As amended by By-law 4430)
Firstly - Remainder of Parcel 12361 CC, being Lots 6, 7, 8 and 9 as shown on Plan M-173-C,
and those Parts of Lot 15, Concession 12, being designated as Parts 1, 2 and 3 on Plan 6R-
7252, 350 Government Road.
Secondly - Parcel 7982 CC being Lot 1 on Plan M-173-C; and
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Thirdly - Part of remainder of Parcel 7981 CC being Part of Lot 15, Concession 12, being
designated as Part 1 on Plan 6R-1634 SAVE AND EXCEPT Part 1 on Plan 6R-4147 and Part 1
on Plan 6R-5923.
C3-5 (376 Government Road, Bylaw No. 2523)
Notwithstanding the provisions of Section 14.1 a Retirement Home is also a permitted
use. (As amended by By-law 4430)
C3-6 (177 Mill Street, Bylaw No. 4198)
Notwithstanding the provisions of Section 14.1 and Section 28 - Schedule 'A' to the contrary
in any 'C3-6 Zone' the minimum lot frontage shall be 7.2 metres and permitted uses shall be
limited to the following: (As amended by By-law 4430)
Bank or Financial Institution
Business or Professional Office
Call Centre
Clinic
Commercial Greenhouse, Nursery or Garden Centre
Commercial School
Contractor's Yard
Convenience Store
Custom Workshop
Day Nursery
Day Spa
Drive-Through Facility
Eating Establishment
Farmer's Market
Flea Market
Government Office
Hotel
Motel
Personal Service Establishment
Place of Entertainment
Public Service Use
Recreational Commercial Establishment
Recreational Vehicle Sales, Storage and Service Establishment
Restaurant
Retail Sales Outlet
Service Outlet or Shop
Studio
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Tourist Establishment
Tourist Outfitters Establishment
Veterinary Establishment
Video Rental Outlet
Wholesale Shop
Community Centre
Community Garden
Place of Worship
Accessory use, building or structure
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15.
LOCAL COMMERCIAL (C4) ZONE
(As amended by By-law 4430)
No person shall use any land or erect, alter or use any building or structure in the Local
Commercial (C4) Zone except in accordance with the following provisions and Schedule "A",
and Sections 3 and 4 of this By-Law.
15.1
Permitted Uses
15.1 - C4 Permitted Uses
Principle Use
Accessory Use
Convenience Store
Personal Service Shop
Eating establishment
Communication Facility
Accessory use, building or structure (see 3.1)
Parking Area
Storage Container (see 3.1.13)
Residential Uses:
Existing Dwelling
Accessory use, building or structure (see 3.1)
Home Based Business (see 3.8)
Swimming Pools (see 3.24)
Temporary Car Shelter (see Table 3.1)
15.2
Zone Regulations
See Table 29 for Zone Regulations. (As amended by By-law 4430)
15.3
Additional Requirements (As amended by By-law 4430)
1. No outdoor storage shall be permitted for any Local Commercial use.
2. Parking
Parking and loading facilities should be provided in accordance with the provisions of
Sections 3.13 and 3.19 of this By-law.
15.4
Zone Exceptions (As amended by By-law 4430)
Intentionally left blank. (As amended by By-law 4430)
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16.
FUNERAL HOME (C5) ZONE
No person shall use any land or erect, alter or use any building or structure in the Funeral
Home (C5) Zone except in accordance with the following provisions and Schedule "A", and
Sections 3 and 4 of this By-law.
16.1
Permitted Uses
16.1 - C5 Permitted Uses
Principle Use
Accessory Use
Funeral Parlour
Accessory use, building or structure (see 3.1)
Parking Area
Storage Container (see 3.1.13)
Residential Uses:
Existing Dwelling
Accessory use, building or structure (see 3.1)
Home Based Business (see 3.8)
Swimming Pools (see 3.24)
Temporary Car Shelter (see Table 3.1)
16,2
Zone Regulations
See Table 29 for Zone Regulations. (As amended by By-law 4430)
16.3
Additional Requirements
Parking
Parking and loading facilities should be provided in accordance with the provisions of
Sections 3.13 and 3.19 of this By-law.
16.4
Zone Exceptions
Within the (C5) Zone, the following exceptions to this By-law shall apply:
C5 - 1 (108 Byng Avenue, Bylaw No. 2368) (As amended by By-law 4430)
Minimum Exterior Side Yard0.64 m [2.09 ft.] (As amended by By-law 4430)
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17.
MIXED INDUSTRIAL COMMERCIAL (M1) ZONE
No person shall use any land or erect, alter or use any building or structure in the Mixed
Industrial Commercial (M1) Zone except in accordance with the following provisions and
Schedule "A", and Sections 3 and 4 of this By-law.
17.1
Permitted Uses
17.1 - M1 Permitted Uses
Principle Use
Accessory Use
Industrial Uses:
Aggregate processing site
All uses in the M2 Zone
Autobody repair shop
Contractor's yard
Green Energy Industries
Storage industry
Warehouse
Commercial and Other Uses:
Automotive Sales Establishment
Automotive Washing Establishment
Bakery
Bailing site
Bank or Financial Institution
Building Supply Centre
Business or Professional office
Call Centre
Commercial use
Custom workshop
Dairy
Day nursery
Eating Establishment
Highway Service Centre
Motel
Parking
Personal Service Shop
Public Garage
Self-storage Facility
Recycling depot and transfer station, composting facility
Veterinary Establishment
Accessory use, building or structure (see 3.1)
Accessory Dwelling Unit
Retail Sales Outlet
Storage Container (see 3.1.13)
Other Permitted Uses
Existing Dwelling (As amended by By-law 4430)
Accessory use, building or structure (see 3.1)
Home Based Business (see 3.8)
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17.2
Zone Regulations
See Table 29 for Zone Regulations. (As amended by By-law 4430)
17.3
Additional Requirements
1. Open Storage
Where any lot used for an industrial use abuts a lot on which the principal use is a residential
use, outside storage is prohibited in those yards on the industrial use lot which abuts the
residential use lot unless the outside storage is fully and completely hidden by an opaque
screen or buffer.
2. Parking
Parking and loading facilities should be provided in accordance with the provisions of
Sections 3.13 and 3.19 of this By-law.
17.4
Zone Exceptions
Within the (M1) Zone, the following exceptions to this By-law shall apply:
M1-A: permitted uses shall include three (3) attached apartment dwelling units (as
amended by By-law 4100).
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18.
LIGHT INDUSTRIAL (M2) ZONE
No person shall use any land or erect, alter or use any building or structure in the Light
Industrial (M2) Zone except in accordance with the following provisions and Schedule "A",
and Sections 3 and 4 of this By-law.
18.1
Permitted Uses
18.1 - M2 Permitted Uses
Principle Use
Accessory Use
Industrial Use:
Light Industrial includes manufacturing, processing, servicing, storage of
goods and raw materials and warehousing where emissions e.g. sound,
odour, dust, vibration, fumes or smoke are zero to negligible and there is a
self-contained process with zero to low probability of fugitive emissions.
Permitted uses shall also include a contractor's yard.
Autobody Repair Shop
Derelict Motor Vehicle Site
Accessory use,
building or
structure (see
3.1)
Accessory
Dwelling Unit
Parking Area
Storage
Container (see
3.1.13)
Public Service Use (see 3.23)
Accessory use,
building or
structure (see
3.1)
Institutional Use
Accessory use,
building or
structure (see
3.1)
Parking Area
Storage
Container (see
3.1.13)
18.2
Zone Regulations
See Table 29 for Zone Regulations. (As amended by By-law 4430)
18.3
Additional Requirements
1. Property Abutting Railway
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Despite any other provisions of this By-law to the contrary, where any lot line or portion
thereof abuts a railway right-of-way, no interior side or rear yard shall be required along
that portion of such lot line which so abuts the railway right-of-way.
2. Open Storage
Where any lot used for an industrial use abuts a lot on which the principal use is a
residential use, outside storage is prohibited in those yards on the industrial use lot which
abuts the residential use lot unless the outside storage is fully and completely hidden by
an opaque screen or buffer.
3. Derelict Motor Vehicle Site
No derelict motor vehicle site may contain more than three (3) motor vehicles on site
unless the site is completely hidden by an opaque screen or buffer.
4. Minimum Distance Separation
In addition to the Minimum Yard Requirements set out in Schedule "A", the Minimum
Distance Separation between the main wall of any permitted industrial use and the main
wall of any adjacent or new sensitive land use (residential, day care, hospital or health
facility) shall be subject to Section 3.15 and to Site Plan Control.
5. Parking
Parking and loading facilities should be provided in accordance with the provisions of
Sections 3.21 of this By-law.
18.4
Zone Exceptions
Within the (M2) Zone, the following exceptions to this By-law shall apply:
1. M2-1 xxxx Government Road, Bylaw No. 3042)
Lands legally described as to Concession 12, Part Lot 14, RP CR-910 Part 1, 6R-4629 Part 3,
Parcel 11693CC (Government Road) shall also permit Residential uses . (As amended by By-
law 4430)
2.
M2-2 (324 Government Road, Bylaw No. 2509) (As amended by By-law 4430)
A two storey dwelling unit as it pertains to Part 5, Plan CR-93, municipally known as 324
Government Rd. (As amended by By-law 4430)
3.
M2-3 (xxxx Gurney Road), Bylaw No. 2541) (As amended by By-law 4430)
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An accessory dwelling is included as a permitted use on Parcels 1092 and 10053, Centre
Cochrane (Gurney Road). (As amended by By-law 4430)
4. M2-4 (299 Aviation Road, Bylaw No. 3262)
Concession 12,13, Pt Lots 26, 27, 28 29, Con 14 Lots 27, 28, 29, Con 15 Pt lot 28, RP 6R6982,
Parts 1 to 6, RP 6R3498 Part 1, 6R3545 Parts 2, 3, 4, RP 6R4150 Parts 1, 2, RP 6R7038 Parts 2,
3, 7, 8, 9, 10, 11, 12 & 15, RP 6R4166 Parts 1 to 6, PCLS 12919, 10700, 10829, 11449 and
12920 CC, municipally addressed as 299 Aviation Road, which is the Kapuskasing Airport
lands are permitted for the development of a light industrial park on condition that the use
of land be in compliance with height and operational requirements as per the Aeronautics
Act. (As amended by By-law 4430)
5. M2 - 5 (Part of Lot 20, Con 16, Parcel 1170 Centre Cochrane; By-law 2648)
On lands described as Part of Lot 20, Concession 16, Parcel 1170 CC, a contractor's yard
and heavy equipment repair shall be permitted provided however, that the heavy
equipment repair is directly related to the contractor's -yard and is located within an
enclosed building.
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19.
HEAVY INDUSTRIAL (M3) ZONE
No person shall use any land or erect, alter or use any building or structure in the Heavy
Industrial (M3) Zone except in accordance with the following provisions and Schedule "A",
and Sections 3 and 4 of this By-law.
19.1
Permitted Uses
19.1 - M3 Permitted Uses
Principle Use
Accessory Use
Industrial Uses:
Heavy Industrial uses including uses characterized as
having emissions such as noise, smoke, odour, fumes
or vibrations or extensive outside storage as part of
their normal operation and without limiting the
foregoing shall include pulp and paper mills, sawmills,
refineries, smeltering operations and similar uses.
Batch Plant
Bulk Fuel Depot
Bulk Storage Yard
Concrete Plant
Construction Yard or Contractor's Yard
Electrical Generation or Cogeneration Facility
Equipment and Vehicle Storage Yard, Industrial
Green Energy Industries
Logging Hauler
Lumber Yard
Retail and Supply Services for Mining and Forest
Products
Salvage Yard
Sawmill and Planing Mill
Service Shop
Transportation Depot or Truck Terminal
Warehouse
Welding Shop
Accessory use, building or structure
(see 3.1)
Office
Storage Container (see 3.1.13)
Commercial and Other Uses:
Communications Facility
Public Service Use (see Section3.23) (As amended by
By-law 4430)
Accessory use, building or structure
(see 4.1)
Office
Storage Container (see 4.1.11)
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19.2
Zone Regulations
See Table 29 for Zone Regulations. (As amended by By-law 4430)
19.3
Additional Requirements
All industrial uses in the M3 Zone shall be operated in compliance with the
Environmental Protection Act.
Minimum Distance Separation
In addition to the Minimum Yard Requirements set out in Schedule "A", the Minimum
Distance Separation between the main wall of any permitted industrial use and the main
wall of any adjacent or new sensitive land use (residential, day care, hospital or health
facility) shall be subject to Section 3.15 and to Site Plan Control.
Parking
Parking and loading facilities should be provided in accordance with the provisions of
Sections 3.13 and 3.19 of this By-law.
19.4
Zone Exceptions (As amended by By-law 4430)
Intentionally left blank. (As amended by By-law 4430)
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20.
WASTE MANAGEMENT FACILITY (WMF) ZONE
No person shall use any land or erect, alter or use any building or structure in the Waste
Management Facility (WMF) Zone except in accordance with the following provisions and
Schedule "A", and Sections 3 and 4 of this By-law.
20.1
Permitted Uses
20.1 - WMF Permitted Uses (As amended by By-law 4430)
Principle Use
Accessory Use
Sewage Works including a waste water
stabilization pond
Waste Management Facility
Recycling Depot or Transfer Station
Accessory use, building or
structure (see 3.1)
Storage Container (see 3.1.13)
20.2
Zone Regulations
See Table 29 for Zone Regulations. (As amended by By-law 4430)
20.3
Additional Requirements
1. Environmental Compliance Approval
No waste disposal or waste management facility shall operate without and except in
conformity with a currently valid Environmental Compliance Approval issued by the
public authority having jurisdiction.
2. Minimum Distance Separation
No waste management facility shall be located:
i.
Within 400 m [1,312.34 ft.] of a dwelling unit. (As amended by By-law 4430)
ii.
Within 185 m [606.95 ft.] of a street;(As amended by By-law 4430)
iii.
On land covered by water or in any area subject to flooding; and
iv.
Within 30 m [98.42 ft.] from any watercourse. (As amended by By-law 4430)
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3. Derelict Motor Vehicle Site
No derelict motor vehicle site may contain more than three (3) derelict motor vehicles
unless the site is fully and completely hidden by an opaque screen or buffer.
4. Recycling Depot or Composting Site
No recycling depot, transfer station or composting facility shall operate without and
except in conformity with a currently valid Environmental Compliance Approval issued
by the public authority having jurisdiction.
20.4
Zone Exceptions
Within the (WMF) Zone, the following exceptions to this By-law shall apply:
1.
WMF-1 (144 Brunelle Road South, Bylaw No. 2589) (As amended by By-law 4430)
On lands described as Part of Lot 18, Concession 11, being Part 1 of RP 6R-7276 municipally
known as 144 Brunelle Rd South, Zoned, a single detached dwelling shall be permitted.
(As amended by By-law 4430)
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21.
MINERAL AGGREGATE (MX) ZONE
No person shall use any land or erect, alter or use any building or structure in the Mineral
Aggregate (MX) Zone except in accordance with the following provisions and Schedule "A",
and Sections 3 and 4 of this By-law.
21.1
Permitted Uses
18.1 - MX Permitted Uses
Principle Use
Accessory Use
Mineral Aggregate Operation
Asphalt or Concrete Batching Plant
Concrete Plant
Gravel Pit or Quarry
Portable Asphalt Plant
Public Utility
Wayside Pit
Wayside Quarry
Agricultural Use excluding buildings
Forestry Use excluding buildings
Passive Recreation Use excluding buildings
Accessory use, building or structure
(see 3.1) and uses associated with pit
and quarry operations such as crushing
facilities, stock piles, screening
operations, asphalt plants and
aggregate transfer or recycling
operations provided they do not
prevent the opening of a pit, quarry,
wayside pit or quarry.
Office
Storage Container (see 3.1.13)
Recreational Vehicle when occupied by
the owner or by a person employed on
the premises where such recreational
vehicle is to be located.
Uses associated with pit and quarry
operations such as crushing facilities,
stock piles, screening operations,
asphalt plants and aggregate transfer
or recycling operations provided they
do not prevent the opening of a pit,
quarry, wayside pit or quarry.
21.2
Zone Regulations
See Table 29 for Zone Regulations. (As amended by By-law 4430)
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21.3
Additional Requirements
1. All applicable provisions of Section 4 - General Provisions shall apply. (See 3.15.3
for minimum separation distances for pits and quarries.)
2. Any mineral aggregate operation, pit or quarry shall comply with any By-law
passed under the Municipal Act governing a mineral aggregate operation, pit or
quarry.
3. No person shall pile aggregate, topsoil, overburden or locate any processing plant
or place or build or extend any building or structure:
i.
Within 30 m [98.42 ft.] from the lot line of the site. (As amended by By-law 4430)
ii.
Within 90 m 295.27 ft.] from any lot line that abuts an existing residential
dwelling or land zoned for residential use. (As amended by By-law 4430)
4. Earth berms intended to screen adjoining lands from the operations on site shall be
located no closer than 3 m [9.84 ft.] from any lot line.
5. No mineral aggregate operation shall operate except in compliance with a valid
operator's agreement with the Municipality.
6. No portable asphalt plant, wayside pit or wayside quarry shall operate without a
valid Environmental Compliance Approval.
21.4
Zone Exceptions (As amended by By-law 4430)
Intentionally left blank.
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22.
OPEN SPACE PARK (OS) ZONE
No person shall use any land or erect, alter or use any building or structure in the Open
Space Park (OS) Zone except in accordance with the following provisions and Schedule "A",
and Sections 3 and 4 of this By-law.
22.1
Permitted Uses
22.1 - OS Permitted Uses
Principle Use
Accessory Use
Open Space Uses:
Archeological Resource
Boat Club
Boat Launch
Bowling Green
Built Heritage Resource
Campground
Cemetery
Community Garden
Conservation Use
Cultural Heritage Landscape
Forestry use
Golf Course
Museum
Park
Playground
Recreational Trails and Facilities
Shooting Range or Riffle Club
Skateboard Park
Sports Playing Field
Swimming Pool
Tennis Courts
Tourist Information Centre
Accessory use, building or structure
including an information kiosk,
interpretation center, food concession
or refreshment pavilion (see 3.1)
Retail Sales Outlet
Commercial Uses
Eating Establishment
22.2
Zone Regulations
See Table 29 for Zone Regulations. (As amended by By-law 4430)
22.3
Additional Requirements (As amended by By-law 4430)
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Intentionally left blank.(As amended by By-law 4430)
22.4
Zone Exceptions (As amended by By-law 4430)
Intentionally left blank. (As amended by By-law 4430)
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23.
ENVIRONMENTAL PROTECTION (EP) ZONE
No person shall use any land or erect, alter or use any building or structure in the
Environmental Protection (EP) Zone except in accordance with the following provisions and
Sections 3 and 4 of this By-law. As amended by By-law 4430)
23.1
Permitted Uses
23.1 - EP Permitted Uses
Principle Use
Accessory Use
Environmental Protection Uses:
Agricultural use excluding buildings.
Conservation Use
Community Garden
Existing Uses
Flood Control Infrastructure
Forestry use
Park
Accessory use excluding any buildings
or structures except infrastructure
incidental to a water supply or
wastewater treatment facility such as a
water intake or sewer outfall but not
including the main building of a water
filtration plant or wastewater treatment
facility
Buildings or structures intended for
flood or erosion control or slope
stabilization
23.2
Zone Requirements
Lot area, frontage and yard requirements shall be those existing on the date of the passing
of this By-law.
23.3
Additional Requirements
No buildings or structures are permitted other than those required for flood or erosion
control, bank stabilization, watercourse protection or which are public or private works
which must be located in the zone by nature of their use and are constructed in accordance
with accepted scientific and engineering practices.
No removal or addition of landfill or any kind, whether originating on site or elsewhere, shall
be permitted without the written approval or public authority having jurisdiction.
The provisions of this zone shall not apply to prevent the strengthening or restoration to a
safe condition of any building or structure of alteration or repair of an existing building
or structure provided such alteration or repair will not increase the height, size, or volume
or change the use of such building or structure.
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Land zoned Environmental Protection (EP) may be used in the calculation of the minimum
lot area or lot frontage requirements for another zone on that lot where property under
one ownership is zoned only partially as Environmental Protection (EP).
Any expansion or enlargement of an existing use and minor extensions (i.e. less than 50%
of the original floor area) may be permitted by amendment to the Zoning By-law subject to
the submission of a survey and Building Elevation Plan which clearly demonstrates that any
openings in the building will be above the flood elevation and also demonstrates that the
addition will not raise the flood level. Such additions shall be flood proofed to the regulatory
flood level.
23.4
Zone Exceptions (As amended by By-law 4430)
Intentionally left blank (As amended by By-law 4430)
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24.
WETLAND (W) ZONE
No person shall use any land or erect, alter or use any building or structure in the Wetland
(W) Zone except in accordance with the following provisions and Table 29, and Sections 3
and 4 of this By-law. (As amended by By-law 4430)
24.1
Permitted Uses
24.1 - W Permitted Uses (As amended by By-law 4430)
Principle Use
Accessory Use
Passive recreational uses including conservation and
educational activities such as an interpretation kiosk,
boardwalk, viewing structure or passive recreational
trails
Those wetlands which are not classified as provincially
significant may be utilized for resource-based uses such
as forestry including timber harvesting.
With the exception of the above permitted uses, the
development of wetland areas shall not be permitted
nor any activity which involves filling or dredging of
wetlands or thereby the destruction or restriction of the
wetland function except as may otherwise be approved
by the public authority having jurisdiction.
No buildings or structures shall be permitted except as
otherwise associated with the above permitted uses.
Accessory use excluding any buildings
or structures except infrastructure
incidental to a water supply or waste
water treatment facility such as a water
intake or sewer outfall but not
including the main building of a water
filtration plant or waste water treatment
facility
Buildings or structures intended for
flood or erosion control or slope
stabilization
24.2
Zone Regulations
See Table 29 for Zone Regulations. (As amended by By-law 4430)
24.3
Additional Requirements
In the interim of properly classifying wetlands in the Planning Area, wetlands shall be
protected as if they were provincially significant except as specifically stated otherwise by
the provincial Ministry having jurisdiction.
24.4
Zone Exceptions (As amended by By-law 4430)
Intentionally left blank. (As amended by By-law 4430)
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25.
RURAL (RU) ZONE
No person shall use any land or erect, alter or use any building or structure in the Rural
(RU) Zone except in accordance with the following provisions and Sections 3 and 4 of this
By-law (As amended by By-law 4430)
25.1
Permitted Uses
25.1 - RU Permitted Uses
Principle Use
Accessory Use
Residential Uses:
Single Detached Dwelling
Seasonal Dwelling
Duplex Dwelling
Two-unit Dwelling
Group Home
(As amended by By-law 4430)
Accessory use, building or structure (see 3.1)
Bed & Breakfast Establishment (see 3.1.12)
Garden Suite (see 3.1.10)
Guest House (see Table 3.1)
Hobby Farm
Home Based Business (see 3.8)
Swimming Pools (see 3.24)
Temporary Car Shelter (see Table 3.1 (As
amended by By-law 4430)
Rural Uses - Group A - Non-residential:
Adventure Game
Agricultural Use
Cemetery
Convenience store
Golf Course including a driving range
Logging camp
Public Service Use or Building (see 3.23)
Temporary work camp
Veterinary establishment
(As amended by By-law 4430)
Accessory use, building or structure (see 3.1)
Accessory Dwelling Unit
Farm Produce Outlet accessory to an
Agricultural Use
Swimming Pools (see 3.24)
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25.1 - RU Permitted Uses
Principle Use
Accessory Use
Rural Uses - Group B - Non-residential:
Conservation Use
Contractor's yard
An existing Dwelling
Forestry Use
Haulage and cartage use
Outdoor Recreation Use
Park, Playground
Public Access Point
Wayside Pit or Quarry
(As amended by By-law 4430)
Accessory use, building or structure (see 3.1)
Home Based Business (see 3.8)
25.2
Zone Regulations
See Table 29 for Zone Regulations. (As amended by By-law 4430)
25.3
Additional Requirements
1. Recreational Vehicle
A recreational vehicle may be located and used on a lot in a rural zone for not more than
sixty (60) consecutive days in any period of ten (10) consecutive months.
2. Temporary Work Camp
Despite any other provision of this By-law, a temporary work camp may be located and used
on a lot in a rural zone for a period not exceeding one year.
3. Increased Yard Requirement
Where a lot used for a non-residential use abuts a lot on which the principal use is a residential
use, no building or structure on the non-residential use lot shall be located within 30 m [98.42
ft.] of the residential use lot. (As amended by By-law 4430)
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4
Buffering
Where any lot used for a commercial or industrial use abuts a lot on which the principal use
is a residential use, outside storage is prohibited in those yards on the commercial or
industrial use lot which abuts the residential use lot unless the outside storage is fully and
completely hidden by an opaque screen or approved buffer or combination thereof in
accordance with Section 3.13. (As amended by By-law 4430)
5. Wayside Pit or Quarry
A wayside pit or quarry excavation shall be located in accordance with Section 21.2.
Where a wayside pit or wayside quarry is located on a lot that is adjacent to a lot on which
a wayside pit or quarry is located, the setback requirements shall not apply to the common
lot line.
6. Contractor's yard
No storage or stockpiling of aggregates and/or recyclable material will be allowed in a
contractor's yard.
7. Bed & Breakfast
A bed and breakfast establishment shall only be permitted in a single detached
dwelling.
No hobby farm shall be permitted that does not comply with the Minimum Distance
Separation Formulae I & II or any nutrient management plan required under the Nutrient
Management Act, 2002. Despite Section 25.1 of this by-law, no hobby farm shall be
permitted in a Rural Zone within the Urban Settlement Area. (As amended by By-law 4430)
25.4
Zone Exceptions
Within the (RU) Zone, the following exceptions to this By-law shall apply:
1. RU-1 (129 Ash Street, Bylaw No. 2648)
On lands described as Part 3 & 4 on Plan 6R-7182, the minimum lot area of 0.8 hectares
and minimum lot frontage of 84.7 metres shall be permitted. (As amended by By-law 4430)
2.
RU-B-156 Brunelle Road
On lands described as Part 1, Plan 6R-2707 (Part of Lot 18, Concession 11) municipally known
as 156 Brunelle Road South, 4 severances of land having frontages varying from 74 m (242
ft.) to 90 m (300 ft.) shall be permitted in a Rural (RU) Zone. (As amended by By-law 4430)
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3.
RU-B1-1 (221 Clear Lake Road South (Amended by By-Law 4505)
On lands municipally addressed as 221 Clear Lake Road South, Kapuskasing a
sawmill operation is also a permitted use.
4.
RU-4 (169 Clear Lake Road South, Bylaw No. 2791)
On lands described as Part of Lot 13, Concession 10 a sawmill operation is permitted
conditional upon the development and implementation of a Site Development Plan
Agreement approved by the Town of Kapuskasing and in accordance with the Ministry of
the Environment.(As amended by By-law 4430)
5.
RU-B-1 (Parcel 5158, being part of Lot 1, Concession 9
One single detached dwelling is also a permitted use. (As amended by By-law 4430)
6.
RU-B-2 (150 Brunelle Road South, Bylaw No. 4356)
Notwithstanding the provisions of Sections 25.1, 25.3.1, and 25.2 to the contrary in any 'RU-
B-2 Zone', the following provisions shall apply:
Permitted uses shall also include the "Storage of Recreational Vehicles"
A Wayside Pit or Quarry is prohibited.
Maximum Lot Coverage: 5%
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26.
AIRPORT COMMERCIAL (CA) ZONE
No person shall use any land or erect, alter or use any building or structure in the Airport
Commercial (CA) Zone except in accordance with the following provisions and Sections 3
and 4 of this By-law. (As amended by By-law 4430)
26.1
Permitted Uses
26.1 - CA Permitted Uses
Principle Use
Accessory Use
Airport, air strip, air field
Marine Air Base
Proving Ground
Accessory use, building or structure
(see 3.1)
26.2
Zone Regulations
See Table 29 for Zone Regulations. (As amended by By-law 4430)
26.3
Additional Requirements
No use of any land or building shall be permitted within the Airport Commercial (CA) Zone
or adjacent to that zone that is not in compliance with the height or operational
requirements set out in the Aeronautics Act.
26.4
Zone Exceptions
4.1
(As amended by By-law 4430)
Intentionally left blank. (As amended by By-law 4430)
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27.SOLAR DEVELOPMENT (SD) ZONE
No person shall use any land or erect, alter or use any building or structure in the Solar
Development (SD) Zone except in accordance with the following provisions and Sections 3
and 4 of this By-law. (As amended by By-law 4430)
27.1
Permitted Uses
27.1 -SD Permitted Uses (As amended by By-law 4430)
Principle Use
Accessory Use
Commercial Solar Collector
Accessory use, building or structure
(see 3.1)
27.2
Zone Regulations
See Table 29 for Zone Regulations. (As amended by By-law 4430)
27.3
Additional Requirements
All solar collector projects shall meet the requirements of the Green Energy and Green
Economy Act, 2009.
27.4
Zone Exceptions
(As amended by By-law 4430)
Intentionally left blank. (As amended by By-law 4430)
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28.WELLHEAD PROTECTION (WHP) ZONE
No person shall use any land or erect, alter or use any building or structure in the
Wellhead Protection (WHP) Zone except in accordance with the following provisions and
Sections 3 and 4 of this By-law. (As amended by By-law 4430)
28.1
Permitted Uses
28.1 -WHP Permitted Uses
Principle Use
Accessory Use
Existing uses
Accessory use, building or structure
(see 3.1)
28.2
Zone Regulations
See Table 29 for Zone Regulations. (As amended by By-law 4430)
28.3
Additional Requirements
1. The existing use and storage of fuels within 50m (164 ft.) of any well in the well field
shall be restricted unless a property designated containment systems is in place.(As
amended by By-law 4430)
No new retail fuel or fuel storage facilities shall be allowed to operate within 500 m (1640.4
ft.) of any well in a well field and the impact on groundwater of other new commercial or
public operations shall be determined prior to their commencement (i.e. salt storage, etc.)
2. (As amended by By-law 4430)
3.
The use of fertilizers and pesticides shall be prohibited within the boundaries of the
well field and for at least 50m (164 ft.) beyond the closest well. (As amended by By-law
4430)
4. No septic systems or other sources of pollution be allowed in the well field or within
50m (164 ft.) of the closest well. (As amended by By-law 4430)
28.4
Zone Exceptions
4.2
(As amended by By-law 4430)
Intentionally left blank. (As amended by By-law 4430)
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TABLE 29 - ZONE REGULATIONS
(As amended by By-law 4430)
Town of Kapuskasing and Kapuskasing & District Zoning By-law - Schedule A
Minimum Yards
Zone
By-law
Section
Permitted Use
Category
Minimum Lot
Frontage
Minium Lot Area
Minimum Lot Depth
Front Yard
Interior Side Yard
Exterior Side Yard
Rear Yard
Maximum Building
Height
Maximum
Lot
Coverage
Maximum No.
Dwelling Units
Per Lot
m
ft.
m2
ft.2
m
ft.
m
ft.
m
ft.
m
ft.
m
ft.
m
ft.
%
Units
R1
5
Single Detached,
Group Home
18
59
550
5,920
30
98.4
7.5
24.6
1.5
4.9
3
9.8
9
29.5
11
36
40 (4)
1 (1)
R2
6
Duplex, Semi-
detached, Two-unit,
Group Home
15
49.2
460
4,951
30
98.4
6
19.6
1.5
4.9
3
9.8
7.5
24.6
11
36
40 (4)
1 (1)
R3
7
Single Detached,
Group Home
15
49.2
460
4,951
30
98.4
6
19.6
1.5
4.9
3
9.8
7.5
24.6
11
36
40 (4)
1 (1)
R3
7
Semi-detached, two-
unit (front garage)
22
72.1
650
6,996
30
98.4
6
19.6
1.5 (2)
4.9 (2)
3
9.8
7.5
24.6
11
36
40 (4)
2(1)
R3
7
Semi-detached, two-
unit (side garage)
24
78.7
650
6,996
30
98.4
6
19.6
1.5 (2)
4.9 (2)
3
9.8
7.5
24.6
11
36
40 (4)
2(1)
R3
7
Duplex, Two Unit
18
59
605
6,512
30
98.4
6
19.6
1.5
4.9
3
9.8
7.5
24.6
11
36
40 (4)
2(1)
R3
7
Triplex
19.5
63.9
696
7,492
30
98.4
6
19.6
1.5
4.9
3
9.8
7.5
24.6
11
36
40 (4)
3
R3
7
Double Duplex
24
78.7
840
9,041
2)
30
98.4
6
19.6
1.5 (2)
4.9 (2)
3
9.8
7.5
24.6
11
36
40 (4)
4
R3
7
Boarding or Rooming
House
30
98.4
186 (12)
1,991
2)30
98.4
6
19.6
1.5
4.9
3
9.8
7.5
24.6
5 storey
5 storey
40 (4)
n/a
RM1
8
Maisonette
36.5
119.7
185 (12)
1,991
2)30
98.4
6
19.6
1.5
4.9
3
9.8
7.5
24.6
11
36
40 (4)
n/a
RM1
8
Multiple Dwelling
30
98.4
186 (12)
1,991
2)30
98.4
6
19.6
1.5
4.9
3
9.8
7.5
24.6
5 storey
5 storey
40 (4)
n/a
RM1
8
Row House
30
98.4
187 (12)
1,991
2
30
98.4
6
19.6
1.5
4.9
3
9.8
7.5
24.6
11
36
40 (4)
n/a
)
RM1
8
Row House (front
garage)
30
98.4
188 (12)
1,991
30
98.4
6
19.6
1.5
4.9
3
9.8
7.5
24.6
11
36
40 (4)
n/a
RM2
9
Apartment
30
98.4
1,100 (3)
11,840 (3)
30
98.4
7.5 (14)
24.6 (14)
5 (14)
16.4 (14)
6 (14)
19.6 (14)
7.5 (14)
24.6 (14)
5 storey
5 storey
40 (4)
n/a
RR
10
Rural Residential:
municipal water and
sewer
18
59
550
5,920
30
98.4
6
19.6
1.5
4.9
3
9.8
9
29.5
11
36
(4)
1 (1) (6)
RR
10
Rural Residential: on-
site municipal water
and sewer
120
393.7
0.4 ha
1 ac.
30
98.4
6
19.6
1.5
4.9
3
9.8
9
29.5
11
36
(4)
1 (1) (6)
RR
10
Rural Commercial:
municipal water and
sewer
24
78.7
750
8,073
30
98.4
7.5
24.6
3
9.8
6
19.6
7.5
24.6
11
36
(4)
n/a
RR
10
Rural Commercial: on-
site municipal water
and sewer
120
393.7
0.4 ha
1 ac.
30
98.4
7.5
24.6
3
9.8
6
19.6
7.5
24.6
11
36
(4)
n/a
RMH
11
Mobile Home Park
135
442.9
2.5 ha
6.1 ac.
30
98.4
15
49.2
7.5
24.6
15
49.2
7.5
24.6
n/a
n/a
n/a
n/a
RMH
11
Mobile Home Site
15 (5)
49.2 (5)
465 (5)
5,005 (5)
30 (5)
98.4 (5)
39.8 (5)
130.5 (5)
1.5 (5)
4.9 (5)
3 (5)
9.8 (5)
5 (5))
16.4 (5)
n/a
n/a
n/a
1 (5)
September 25, 2017
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Town of Kapuskasing and the Kapuskasing and District Planning Board Zoning By-Law
Page 154
(As amended by By-law 4430)
m
ft.
m2
ft.2
m
ft.
m
ft.
m
ft.
m
ft.
m
ft.
m
ft.
%
Units
C1
12
Commercial
n/a
n/a
n/a
n/a
30
98.4
(7)
(7)
(7)
(7)
(7)
(7)
(7)
(7)
15
49.2
n/a
n/a
C2
13
Mixed Use
Commercial, Existing
Residential
30
30
650
6,996
30
98.4
(8)
(8)
(8)
(8)
(8)
(8)
(8)
(8)
15
49.2
60
n/a
C3
14
Highway Commercial
30
98.4
650
6,996
30
98.4
7.5
24.6
1.5
4.9
7.5
24.6
1.5
4.9
15
49.2
60
1 (10)
C4
15
Local Commercial,
Existing Residential
30
98.4
550
5,920
30
98.4
6
19.6
3
9.8
6
19.6
7.5
24.6
15
49.2
45
1
C5
16
Funeral Home
30
98.4
550
5,920
60
196.8
6
19.6
3
9.8
3
9.8
7.5
24.6
15
49.2
60
1
M1
17
Mixed Industrial
Commercial: all uses
(9)
30
98.4
696
7,492
60
196.8
6
19.6
5
16.4
5
16.4
5
16.4
15
49.2
60
n/a
M2
18
Light Industrial (9)
45
147.6
696
7,492
60
196.8
6
19.6
5
16.4
5
16.4
5
16.4
15
49.2
60
n/a
M3
19
Heavy Industrial (9)
45
147.6
2 ha
4.94 ac.
100
100
10
32.8
10
32.8
10
32.8
10
32.8
15
49.2
60
n/a
WMF
20
Waste Management
Facilty (9)
n/a
n/a
n/a
n/a
n/a
n/a
30
98.4
30
98.4
30
98.4
30
98.4
n/a
n/a
n/a
n/a
MX
21
Mineral Aggregate (9)
200
656
4 ha
9.8 ac.
100
328
15
49.2
15
49.2
15
49.2
15
49.2
n/a
n/a
n/a
n/a
OS
22
Open Space: all uses
30
98.4
n/a
n/a
n/a
n/a
7.5
24.6
7.5
24.6
7.5
24.6
7.5
24.6
n/a
n/a
n/a
n/a
EP
23
Environmental
Protection
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
W
24
Wetland
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
RU
25
Rural
120
393
4 ha
9.8 ac.
100
328
15
49.2
6
19.6
15
49.2
10
49.2
15
49.2
1
1 (1) (6)
RU-A
25
Rural Group A
120
393
4 ha
9.8 ac.
100
328
15
49.2
6
19.6
15
49.2
10
49.2
15
49.2
1
1
RU-B
25
Rural Group B
n/a
n/a
n/a
n/a
n/a
n/a
15
49.2
6
19.6
15
49.2
10
49.2
15
49.2
1
n/a
CA
26
Airport
n/a
n/a
n/a
n/a
n/a
n/a
30
98.4
30
98.4
30
98.4
30
98.4
n/a
n/a
n/a
n/a
SD
27
Solar Collectors
n/a
n/a
2 ha
4.94 ac.
100
328
6
19.6
6
19.6
6
19.6
6
6
n/a
n/a
n/a
n/a
All Zones
Institutional Uses
20
65.6
n/a
n/a
n/a
n/a
6
19.6
6
19.6
6
19.6
7.5
24.6
15
49.2
n/a
n/a
All Zones
Public Service Use
20
65.6
n/a
n/a
n/a
n/a
6
19.6
6
19.6
6
19.6
7.5
24.6
15
49.2
n/a
n/a
Town of Kapuskasing and Kapuskasing & District Zoning By-law - Schedule A
Maximum
No.
Dwelling
Front Yard
Interior Side Yard
Exterior Side Yard
Rear Yard
Notes: 1. Excluding a Garden Suite. 2. The minimum interior side yard shall not apply to the vertical party wall of a semi-detached or row house dwelling. 3. The Minimum Lot Area shall be 1,100 m2 [11,840 ft.2] plus 100 m2 [1,076 ft.2] per dwelling unit
for an apartment or multiple dwelling of 11 or more dwelling units. 4. Maximum Lot Coverage shall be 40%. 5. Zone requirements shall apply to each mobile home site. 6. The maximum nuber of dwelling units per lot shall be two (2). 7. See Section
12.3.2. 8. See Sections 13.3.3, 13.3.4 and 13.3.5. 9. See Zone Regulations for Minimum Distance Separations in Section 3.15. 10. See Section 14.3.2. 11. See Section 23.2. 12. Per dwelling unit. 13. Or 1/2 the height of te building whichever is greater.
Zone
By-law
Section
Permitted Use
Category
Minimum Lot
Frontage
Minium Lot Area
Minimum Lot Depth
Minimum Yards
Maximum Building
Height
Maximum
Lot
Coverage
Private services not municipal