Town of Kirkland Lake Zoning By-law 21-032

Kirkland Lake, Ontario · No. 21-032 · summary & facts

This is the exact embedded text of the captured official document. Snapshot ae83c07c773d · verified 2026-10-19 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

Corporation of the Town of Kirkland Lake Zoning By-law 21-032 Department of Development Services Final Version to Town of Kirkland Lake 2021-04-30 Clean Version ZONING BY-LAW 21-032 2 Contents Section 1: Title ................................................................................................................................................................................. 3 Section 2: Authority ......................................................................................................................................................................... 4 Section 3: Administration and Enforcement ................................................................................................................................... 5 Section 4: Legal Non-Conforming and Legal Non-Complying Uses ................................................................................................. 7 Section 5: Definitions ...................................................................................................................................................................... 8 Section 6: Interpretation ............................................................................................................................................................... 25 Section 7: General Provisions ........................................................................................................................................................ 27 Section 8: Parking .......................................................................................................................................................................... 34 Section 9: Residential Zones .......................................................................................................................................................... 39 Section 10: Residential Low Density (R1) Zone ............................................................................................................................. 41 Section 11: Residential Medium Density (R2) Zone ...................................................................................................................... 43 Section 12: Residential High Density (R3) Zone ............................................................................................................................ 44 Section 13: Residential Mobile Home (RMH) Zone ....................................................................................................................... 47 Section 14: Commercial Zones ...................................................................................................................................................... 49 Section 15: Town Centre Commercial (C1) Zone ........................................................................................................................... 51 Section 16: Shopping Centre and Highway Commercial (C2) Zone ............................................................................................... 53 Section 17: Neighbourhood Commercial (C3) Zone ...................................................................................................................... 56 Section 18: Industrial Zones .......................................................................................................................................................... 58 Section 19: Light Industrial (M1) Zone .......................................................................................................................................... 60 Section 20: Heavy Industrial (M2) Zone ........................................................................................................................................ 63 Section 21: Mining Industrial (MM) Zone ..................................................................................................................................... 64 Section 22: Mineral Extraction and Disposal (MED) Zone ............................................................................................................. 66 Section 23: Parks and Open Space (O1) Zone ............................................................................................................................... 67 Section 24: Restricted Open Space (O2) Zone ............................................................................................................................... 68 Section 25: Institutional (I) Zone ................................................................................................................................................... 69 Section 26: Rural Zones ................................................................................................................................................................. 71 Section 27: Rural (RA) Zone ........................................................................................................................................................... 73 Section 28: Rural Estates Development (RE) Zone ........................................................................................................................ 75 Section 29: Rural Residential (RR) Zone ........................................................................................................................................ 76 Section 30: Rural Recreation Development (RS) Zone .................................................................................................................. 77 Section 31: Future Development Area (DA) Zone ......................................................................................................................... 78 3 ZONING BY-LAW 21-032 SECTION 1: TITLE 1.1 This By-law shall be cited as the Restricted Area (Zoning) By-law of the Corporation of the Town of Kirkland Lake. 1.2 This By-law shall be referred to as the "Zoning By-law". ZONING BY-LAW 21-032 4 SECTION 2: AUTHORITY 2.1 Whereas authority is granted under Section 34 of the Planning Act, R.S.O., 1990, Chapter P13, as amended, and whereas it is deemed necessary and expedient to pass a By-law to implement the Official Plan. 2.2 Now therefore the Corporation of the Town of Kirkland Lake enacts a By-law regulating the use of land and the erection or use of buildings and structures within the Town of Kirkland Lake. 5 ZONING BY-LAW 21-032 SECTION 3: ADMINISTRATION AND ENFORCEMENT 3.1 SCOPE OF THE BY-LAW 1. The provisions of this By-law shall apply throughout all areas contained within the municipal limits of the Town of Kirkland Lake. 2. No building shall be erected, altered, constructed, reconstructed, used, maintained, occupied, moved, or removed except in accordance with the provisions of this By-law. 3. No land shall be used, maintained, built on, excavated upon or occupied except in accordance with the provisions of this By-law. 4. No development, construction or redevelopment shall be undertaken unless a construction permit granted by the Chief Building Official and the Corporation has been obtained. 5. Any application or request for a construction permit shall be accompanied by all information as is required, to determine whether or not every such use of land, building or structure conforms to the requirements of this By-law. 6. Conformance with the provisions of this By-law shall not exempt any person or party from conforming to the By- laws, regulations or statutes of the Corporation or any other authority. 3.2 VIOLATION 1. Pursuant to Section 429 of the Municipal Act, R.S.O., 2001, Chapter 25 and to Section 67 of the Planning Act, R.S.O., 1990, Chapter P13, as amended respectively, every person who contravenes any of the provisions of the Zoning By- law shall upon conviction thereof, forfeit and pay a penalty not exceeding $25,000 exclusive of costs for each offence, and on a subsequent conviction to a fine of not more than $10,000 for each day or part thereof upon which the contravention has continued after the day on which the person was first convicted. All of the provisions of which shall apply, except any term of imprisonment for default of the payment of the fine and costs imposed under this By- law shall not exceed six (6) months. The imposition of the penalty for contravention of this By-law shall not excuse the condition or matter resulting in such contravention or permit it to continue. 2. In addition to any penalty provided by this By-law, any contravention may be restrained by action at the instance of any ratepayer or of the Corporation of the Town of Kirkland Lake to the provisions of Section 45 of the Planning Act, R.S.O., 1990, Chapter P13, as amended, in that behalf. 3.3 ENFORCEMENT 1. This Zoning By-law shall be administered by the Chief Administrative Officer of the Corporation or such other person as from time to time is designated by Council to administer this By-law. 3.4 VALIDITY 1. If any provision of this By-law including anything shown on the zoning map (hereunto attached as Schedule "A-1" to "A-5" and "B-1" to "B-2") is for any reason held to be invalid, it is hereby declared to be the intention that all remaining provisions of the said By-law shall remain in full force and effect. 3.5 HIGHER STANDARD PREVAILS 1. Wherein any standard or requirement in this By-law conflicts with any standard or requirement of another By-law, statue or regulation, the higher or more stringent standard shall prevail. 3.6 REPEAL 1. By-law Number 12-019, and all amendments thereto, are hereby repealed as far as their application to the Town of Kirkland Lake upon the coming into effect of this By-law. 2. Minor variances which have been issued over the last two (2) years will have an additional two years after the coming into effect of this By-law to construct a building as per the variance decision. ZONING BY-LAW 21-032 6 3. Reference made to amending by-laws in text is for reference only, and upon consolidation with this By-law are repealed. 7 ZONING BY-LAW 21-032 SECTION 4: LEGAL NON-CONFORMING AND LEGAL NON-COMPLYING USES 4.1 NON-CONFORMING USES 1. Nothing in this By-law shall prevent the use of any land, building or structure for any purpose prohibited by this By- law if such land, building or structure was lawfully used for such purpose on the day of the passing of the By-law, so long as it continues to be used for that purpose. 2. Nothing in this By-law shall prevent the reconstruction, renovation, repair or strengthening to a safe condition of any building or structure or part of any such building or structure which does not comply with the provisions of this By- law. 3. The provisions of this By-law shall not apply to prevent the reconstruction or continued use of any building or structure that is damaged or destroyed, either by voluntary or involuntary means, provided that: 4. Such restoration does not increase the height, size or volume or change the use of such building or structure. 5. This By-law is not intended to apply to prevent the erection or use for a purpose prohibited by the By-law of any building or structure the plans for which have, prior to the day of passing of the By-law, been approved by the Chief Building Official, so long as the building or structure, when erected, is used and continues to be used for the purpose for which it was erected. 6. Nothing in this By-law shall prevent Council from acquiring or disposing of any land, building or structure used or erected for a purpose prohibited by the By-law or for the acquisition or disposition of any vacant land having a frontage or depth less than the minimum prescribed for the erection of a building or structure in the defined area in which the land is situated. Nothing in this By-law shall prevent Council from disposing of any such land, building or structure or prevent Council from exchanging any such land for any other land within the Municipality. 7. A non-conforming use of a lot, building or structure shall not be changed except to a use which is permissible within such zone, or such other uses as may be approved under Section 45 of the Planning Act, R.S.O. 1990, Chapter P. 13. 8. A non-conforming use shall be considered to be terminated once the use ceases and the property is used for a permitted use. 9. Portable shelters, recreational vehicles, mobile home sites and shipping containers are not subject to the provisions of legal non-conforming uses. 4.2 NON-COMPLYING BUILDINGS OR STRUCTURES Where a legal non-complying building or structure is damaged, destroyed or demolished, the building or structure may be reconstructed within its original location provided that: (a) The situation of non-compliance is not further increased; and (b) All other provisions of the By-law are complied with. Efforts should be made to have the rebuilding of buildings or structures comply with all applicable setbacks and yard provisions of the applicable zones. A legal non-complying building or structure may be enlarged or extended provided the situation of non-compliance is not further increased and it complies with all other provisions of the By-law. ZONING BY-LAW 21-032 8 SECTION 5: DEFINITIONS 5.1 Accessory Building or Structure A detached or attached building or structure that is not used for human habitation and the use of which is customarily incidental and subordinate to a principal use, building or structure and located on the same lot. 5.2 Accessory Use A use subordinate and naturally customarily, and normally incidental to, and exclusively devoted to a main use of land, and located on the same lot as the principal use, building or structure. 5.3 Access Driveway The area between the travelled portion of a roadway and an off-street parking or loading facility used by motor vehicles for access to and from such facilities but does not include an aisle. 5.4 Accommodation Units Any room or group of rooms designed to provide accommodations to the traveling or recreational public including a room in a hotel, motel, resort or tourist establishment, bed and breakfast, rental cottage or cabin or a tent or trailer site. 5.5 Agricultural Use The use of land, buildings or structures for: a) The growing of crops, including cannabis, including all related activities such as soil preparation, manure or fertilizer spreading, planting, spraying, irrigating, harvesting, and also including the storage and sale of crops; b) The raising, boarding, keeping and sale of all forms of livestock, except dogs, including all related activities such as breeding, training, feeding, and grazing, and including the raising of fish; c) The production of animal and plant products such as milk, eggs, wool, fur, honey, maple sugar bush, or woodlots including related activities such as the collection, storage, and sale of the products; d) A commercial greenhouse or nursery garden, including storage and sale of the products; and e) The use and storage of all forms of equipment or machinery needed to accomplish the foregoing activities. 5.6 Agricultural Related Use A farm-related commercial or farm-related industrial use that is directly related to farm operations in the area, supports agriculture, benefits from being in close proximity to farm operations, and provides direct products and/or services to farm operations as a primary activity. 5.7 Aisle The area used by motor vehicles for access to and from all off-street parking or loading facilities, but does not include an access driveway. 5.8 Alter 1. When used in reference to a building, structure or part thereof: a) To change any one or more of the external dimensions of such building or structure; b) To change the type of construction of the exterior walls or roof of such building or structure; c) To change the use of such building or structure; or d) To change the number of uses or dwelling units contained therein. 2. When used in reference to a lot: (a) To change the boundary of such lot with respect to a street or land; (b) To change any dimension or area relating to such lot, which is covered herein by a zone provision; (c) To change the use of such lot; or (d) To change the number of uses located thereon. 5.9 Animal Boarding Kennel A premise where domestic animals are boarded during the day and/or overnight. 9 ZONING BY-LAW 21-032 5.10 Animal Grooming and Spa Facility An establishment for the hygienic care of cleaning of domestic animals and for enhancing their appearance. 5.11 Animal Hospital A premise where animals, birds, or other livestock are treated or kept for monetary gain. 5.12 Attic The portion of the building between the roof and the ceiling of the top storey or between a dwarf wall and a sloping roof, and which is not a one-half storey as defined herein. 5.13 Balcony A partially enclosed platform projecting from the main wall of a building which is not supported by vertical uprights other than the wall itself and which is only accessible from within the building. 5.14 Basement Means one of more storeys of a building located below the first storey. 5.15 Boarder A person other than the lessee, tenant, owner or person related thereto, to whom meals may or may not be provided and where lodging is provided for compensation. 5.16 Boarding Home A dwelling, or part thereof, in which accommodation is rented or intended to be rented to four (4) or more boarders for their domestic use and in which bathroom and kitchen facilities are shared by any or all of the occupants. 5.17 Boathouse A detached accessory building, used for the berthing or sheltering of watercraft and watercraft related equipment, built or anchored near the shoreline of a navigable waterway or on land. 5.18 Boat Port A detached accessory structure used for the berthing, sheltering or storing of watercraft, or watercraft related equipment, that is roofed, but not enclosed by more than one wall and is built or anchored near the shoreline of a navigable waterway or on land. 5.19 Brewery A building or structure thereof that is used for the self-contained manufacturing, production, storage, bottling, canning and shipping of beer, authorized by a licence issued by the Alcohol and Gaming Commission of Ontario, and can be associated with a restaurant. Self-contained means that the emission of odour fumes, noise, cinder, vibration, heat, glare or electrical interference is not possible. 5.20 Building A building is a structure consisting of a wall, roof or floor or any one or more of these which is used or intended to be used for the shelter, accommodation, or enclosure of persons, animals, goods or materials but shall not include a lawful boundary wall or fence. 5.21 Building, Attached A building otherwise complete in itself, which depends for structural support, or a complete enclosure, upon a vision wall or walls shared in common with an adjacent building or buildings. 5.22 Building, Principal The building in which the principal use is conducted. For the purpose of this By-law, any porch or any other like or similar structure attached to the principal building, shall be considered as part of such building and shall be subject to the regulations applicable to the principal building. 5.23 Building Line A line other than a lot line regulating the position of a building on a lot. 5.24 Building Supplies Outlet A building, or part thereof, and land adjacent thereto, 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. ZONING BY-LAW 21-032 10 5.25 Bus Depot An area at which passengers may board or disembark from a bus and may include bus bays and bus shelters. 5.26 Cafeteria A restaurant or dining room in a school or business in which customers serve themselves or are served from a counter and pay before eating. 5.27 Campground Lands used for the parking and temporary use for campsites occupied by tents, trailers, motor homes, and recreational vehicles and accessory uses and facilities such as administrative offices, sanitary facilities, recreational facilities, and an accessory convenience store. 5.28 Carport A sheltered or covered parking area of which at least 40.0 percent is open sided. 5.29 Carwash A building, or part thereof, which is used, or designed to be used, for the washing of motor vehicles by mechanical means or by hand labour methods. 5.30 Cellar The portion of a building that has a basement that is located more than 75.0 percent below established grade. 5.31 Cemetery Land that is reserved or used for interring the dead or placing or burying the remains, or ashes of human bodies, but does not include a funeral home. A cemetery may include a structure for the cremation of human remains and may include the facilities for storing ashes of human remains that have been cremated or the interment of the dead in sealed crypts or compartments. 5.32 Child Care Centre A place designed and operated for the purpose of temporary care and custody of children and which falls under the jurisdiction of the Child Care and Early Years Act, 2014, and its successors. 5.33 Commercial Entertainment The use of a building, or part thereof, for a fee for the provision of entertainment or amusement without the necessity of active transportation by the user and includes without limiting the generality of the foregoing, such uses as movie theatres, drive-in theatres, playhouses, bingo and other assembly halls, and also includes public dance halls and music halls. 5.34 Commercial Parking Facility An area of land, other than a street or a lane, used for the parking of motor vehicles and available for public or private use in which there may be compensation for such use, and for the purpose of this By-law, a commercial parking facility shall constitute the only use of a lot. 5.35 Commercial Vehicle Means a motor vehicle having attached thereto, a truck or delivery body, and includes, but is not limited to, any vehicle on which is displayed commercial lettering or commercial license plates, ambulances, fire apparatus, hearses, casket wagons, mobile food outlets, buses, cube vans, tilt and load trucks, dump trucks, tow trucks, buses, tractors used for hauling purposes on the highways and construction equipment which is self-propelled or designed to be towed. 5.36 Concrete Plant A structure that combines various ingredients to form concrete. A concrete plant shall include a ready-mix plant and central mix plant. 5.37 Construction To do anything in the erection, installation or extension or material alteration or repair of a building or sign and includes the installation of a building unit or sign fabricated or moved from elsewhere. 5.38 Corner Visibility Triangle A triangle formed within a corner lot by the intersecting street lines or the projections thereof and a straight line connecting them within a distance from their point of intersection. 11 ZONING BY-LAW 21-032 5.39 Corporation The Corporation of the Town of Kirkland Lake. 5.40 Confectionary and Variety Shops A retail store supplying groceries and other daily household necessities to the immediate surrounding area. 5.41 Contractor's Establishment The yard of a contractor or a construction company used for the storage and maintenance of equipment used by the contractor or company, and includes 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 wholesale or retail sale of building supplies or home improvement supplies. 5.42 Cottage A building designed and built as an independent and separate housekeeping establishment with separate culinary and sanitary facilities, provided for temporary occupancy during vacation periods and not for permanent occupancy. 5.43 Council The Council of the Corporation of the Town of Kirkland Lake. 5.44 Deck A structure with no roof or walls, except guards, which is constructed on piers, a foundation or cantilevered above grade for use as an outdoor living space, attached or accessory to a dwelling unit. 5.45 Designated Accessible Parking A parking space identified with appropriate signage and markings for the exclusive use of persons in possession of a valid accessible parking permit. 5.46 Dock An accessory structure built at or anchored over water at which watercrafts are berthed or secured to. 5.47 Dormer A gabled extension building out from a sloping roof to accommodate a vertical window. 5.48 Dry Cleaning Establishment A building, or part thereof, in which the business of dry cleaning, dry dyeing, cleaning, spotting, stain removal or pressing of articles and/or goods of fabric is carried on, through the use of chemicals which emit no odours or fumes. 5.49 Dwelling A building occupied or capable of being occupied in whole or part, as the home or residence of one or more persons, which contains one or more dwelling units, but which does not include a mobile home with or without a foundation, a commercial establishment such as recreational vehicles, bus, coach or truck body. 5.50 Dwelling, Apartment A residential building that is divided into five (5) or more dwelling units for separate occupation. 5.51 Dwelling, Caretaker's Unit A dwelling unit for the owner(s) or an (1) employee of a company to look after the building or property during off- hours. 5.52 Dwelling, Condominium A building corporately owned and operated, and which falls under the jurisdiction of the Condominium Act, S.O. 1998, Chapter 19, as amended. 5.53 Dwelling, Duplex A residential building having two floors with separate entrances and in separate occupation of which each occupation or dwelling unit is separated horizontally from the other. 5.54 Garden Suite A temporary, one-unit, self-contained, and portable detached residential structure that is ancillary to and on the same lot as a residential dwelling, and excludes a trailer as defined herein. 5.55 Dwelling, Grouped Two or more triplexes, quadraplexes, townhouses or apartment buildings which are under one ownership and are located on one lot. ZONING BY-LAW 21-032 12 5.56 Mobile Home A dwelling that is designed to be made mobile and constructed in accordance with Canadian Standards Association Standard Z240 that is intended to be hauled to a permanent site for use with or without a permanent foundation, but does not include a travel trailer, tent trailer or motor home otherwise designed. 5.57 Dwelling, Quadraplex A building that is divided into four dwelling units, each unit having independent entrances either directly or through a common vestibule. 5.58 Dwelling, Semi Detached A building that is divided vertically into two dwelling units, each of which has an independent entrance. 5.59 Dwelling, Single Detached A completely detached building consisting of one (1) dwelling unit. 5.60 Tiny Home A small, private and self-contained dwelling unit between 17.5 sqm and 37 sqm. A tiny home shall be considered a single detached dwelling, unless it is on wheels, in which case it shall be considered a mobile home. 5.61 Dwelling, Townhouse A building that is horizontally divided into three or more dwelling units, each unit having independent entrances. 5.62 Dwelling, Triplex A building that is vertically divided into three or more dwelling units, each unit having independent entrances either directly or through a common vestibule. 5.63 Dwelling Unit One or more habitable rooms designed, occupied, or intended for use for residential purposes by one or more individual as an independent separate housekeeping establishment in which kitchen, sleeping and sanitary facilities are provided for the exclusive use of such individual or individuals. 5.64 Additional Residential Unit A separate dwelling unit which is either located in a single detached dwelling, semi-detached dwelling, triplex or an accessory building or structure. 5.65 Educational Institution The use of land, building or structures, an elementary or secondary school, private school, university or community college authorized by the Province of Ontario. 5.66 Equestrian Facility A commercial establishment where horses are housed or boarded and are available for riding, riding instruction, agility training or jumping. 5.67 Erect Setting up, building, constructing, reconstructing and relocating and without limited the generality of the word, also includes: a) Altering any existing building or structure by an addition, enlargement, extension, relocation or other structural change; b) Any work for the doing of which a building permit is required under the Building Code Act and Regulations passed there under as may be amended, replaced or re-enacted from time to time; and c) Erect, erected and erection shall have a corresponding meaning. 5.68 Established Building Line The average setback from the street line of existing buildings on one side of the street. 5.69 Established Grade With reference to a building, the average elevation of the finished surface of the ground where it meets the exterior of all sides of such building, and when used with reference to a structure, means the average elevation of the finished grade of the ground immediately surrounding such structure, and when used with reference to a street, road or highway, will refer to the elevation established by the Municipality or other designated authority. 13 ZONING BY-LAW 21-032 5.70 Explosive Manufacturing This industry comprises establishments primarily engaged in manufacturing explosive preparations, detonators for explosives, and explosive devices, except ammunition (i.e. the manufacturing of Azides explosive materials, blasting accessories, blasting powders, caps, detonators, dynamite, fuses, gunpowder, nitro-glycerine and trinitrotoluene) 5.71 Fairground Land devoted to entertainment on a seasonal or temporary basis and may include grandstands and other accessory buildings normally associated with such a use. 5.72 Fence A structure which forms a barrier for enclosing, bounding, delineating or protecting land. If the elevation of the land impacts the height of the fence from one side to the other, than the average fence height taken from the base to the top of the fence on either side of the fence will be used as the fence height. Figure 1: Visual Representation of fence height 5.73 Financial Establishment A building, or part thereof, which is used to provide for financial services in which money is deposited, kept, lent, or exchanged, including accessory clerical functions and shall include a bank, trust company, credit union or other similar banking service. 5.74 Finished Grade The elevations of the finished surface of the ground adjacent the ground level of the wall of a building or structure. 5.75 Floor Area The total habitable floor area within a building which is measured between the exterior faces of the exterior walls or from the central line of a common or part wall, but excluding any private detached garage, breezeway, porch, veranda, balcony, attic, cellar, and any other floor area with a ceiling height less than 2.0 metres. 5.76 Floor Area, Gross The aggregate of the floor area of a building above or below grade, measured between the exterior faces of the exterior walls of the building at each level but excluding car parking areas within the building; and for the purpose of this clause, the walls of the inner court means the exterior walls. 5.77 Floor Area, Net The Net Floor Area of a non-residential building, excluding: a) Any part of such building used as a dwelling unit; b) Any part of such building used for the parking or storage of motor vehicles; c) Any part of such building used for equipment to heat, cool and/or operate such building, or a portion thereof; d) Any part of such building used as a common area between stores in a mall; and Fence ZONING BY-LAW 21-032 14 e) The thickness of any exterior walls of such building. 5.78 Forestry The general raising and harvesting of wood, and without limiting the generality of the foregoing, shall include logging, the raising and cutting of fuel wood, pulp wood, Christmas trees, and other forest products; but does not include the processing of raw material into wood products or by-products. 5.79 Fuel Storage Tank A tank for the bulk storage of petroleum, gasoline, fuel oil, gas or flammable liquid or fluid but does not include a container for flammable liquid or fluid legally and properly kept in a retail store or a tank for storage, thereby incidental to some other uses of the premises where such tank is located. 5.80 Funeral Home A building, or part thereof, designed for the purpose of furnishing funeral supplies and services to the public and includes facilities intended for the preparation of the dead human body for interment or cremation. 5.81 Garage, Private A detached accessory building or portion of a dwelling unit which is designed or used for the sheltering of a private motor vehicle(s) and storage of household equipment incidental to the residential occupancy and which is fully enclosed and roofed. For the purpose of this By-law, a private garage excludes a carport or other open shelter. 5.82 Garage, Attached A private garage accessory to a dwelling on the same lot and attached thereto a common wall. 5.83 Garden Centre A retail store comprised of an outdoor or indoor area used primarily for the display and retail sale of plants, gardening and landscaping supplies and equipment but does not include the propagation of plants. 5.84 Garden Nursery An establishment engaged in the propagation and retail sale of plants, garden and landscaping supplies, and accessories. 5.85 Golf Course A public or private area operated for the purpose of playing golf and includes, without limiting the generality of the foregoing, a golf course, par three golf course, miniature golf course, driving range, and accessory clubhouse and recreational activities. 5.86 Group Home, Closed Custody A group home operated primarily for persons who have been placed on probation, released on parole, or admitted for correctional purposes. 5.87 Group Home, Open Custody A group home operated primarily for persons who have been referred by a hospital, court, government agency, recognized social services agency or health professional. 5.88 Habitable Room Any room used or intended to be used for living, sleeping, cooking or eating purposes with the exception of bathrooms, hallways or stairwells, attics, unfinished basements or cellars. 5.89 Hazard Lands Any land having inherent environmental hazards, such as poor drainage, organic soils, floor susceptibility, erosion, steep slopes or any other natural or manmade physical conditions which effectively create unsuitable or adverse conditions for construction or development, or conditions unsafe to the public. 5.90 Health Services An establishment which provides health or medical services such as chiropractor, medical clinic, associations or organizations formed to provide medical or health services. 5.91 Height With reference to a building, height means the vertical distance between the established grade and a) The highest point of the roof surface or the parapet, whichever is greater of the flat roof; b) The deck roof line or decline of a mansard roof; or 15 ZONING BY-LAW 21-032 c) The main level between eaves and ridges of a gabled, hip, gambrel, or other type of pitched roof. Without limiting the generality of the foregoing, antennae, chimneys, spires, cupolas, flagpoles, water tanks, windmills, air conditioner ducts, barns, silos, a drive-in theatre screen or incidental equipment associated with internal building equipment, or other similar structures, shall be disregarded in calculating building height. 5.92 Hobby Farm A parcel of land which includes the principal residence and barns, sheds, pens, and similar accessory buildings which are used for the sole purpose of the persons residing at the residence and are not for commercial agricultural purposes. 5.93 Hospital Any institution, building or other premises established for the treatment of persons afflicted with or suffering from sickness, disease or injury, for the treatment of convalescent or chronically ill persons that is approved under the Public Hospitals Act as a public hospital. 5.94 Hotel/Motel An establishment that provides sleeping accommodation of not fewer than five (5) bedrooms catering to the needs of the traveling public on a short-term basis and may supply food and refreshments from a general kitchen, dining room and other public rooms. 5.95 Household Industry A small-scale light industrial use, such as a carpentry shop, metal working shop, a welding shop, an electrical shop, small engine repair or similar use, that provides services or wares to the community and which is an accessory use to a single detached dwelling. For the purpose of this By-law, the repairing of mobile homes and trailers and the storage of heavy machinery and equipment are not considered household industries. The activity must be conducted in whole by an individual residing on the premises on a full-time basis, wholly contained within a building. 5.96 Household Occupation A gainful occupation conducted within or outside of a dwelling which is secondary to the use of the dwelling as a private residence and the nature and scope of which is compatible with the residential character of the dwelling. The activity must be conducted in whole by an individual residing on the premises on a full-time basis. 5.97 Hunt Camp A building used for the purpose of accommodating persons engaged in such activities as hunting, fishing, snowmobiling, hiking or other similar forms of recreation. The Hunt Camp shall not be larger than 140 sqm and shall not have any servicing. 5.98 Industrial Use A building, use, or activity related to manufacturing, assembling, making, producing, refining, sorting, finishing, treating, tanning, cleaning, repairing, restoring, processing, refinishing, packing, sawing, warehousing, stockpiling, storing, distributing, shipping, breaking up, crushing, demolishing, reprocessing, repairing, servicing or recycling of goods, substances, or articles and similar uses, including ores, minerals, aggregates and agricultural produce, cannabis processing, or any part or parts thereof; or The production or storage of building or construction equipment or materials. 5.99 Laboratory A room or building equipped for scientific experiments, research or teaching, or for the manufacture of drugs or chemicals. 5.100 Lane A public thoroughfare which affords only a secondary means of access to abutting lots and which is not intended for general traffic circulation. 5.101 Laundromat An establishment with coin-operated washing machines and dryers for public use. 5.102 Library A building or room containing collections of books, periodicals, and sometimes films and recorded music for people to read, borrow or refer to. ZONING BY-LAW 21-032 16 5.103 Liquor or Beer Outlet A retail store regulated by the Provincial Government where liquor and/or beer are sold. 5.104 Loading Space An unencumbered area of land provided and maintained upon the same lot or lots upon which the principal use is located and which area is designed specifically and is suitable for the temporary parking of one commercial motor vehicle while merchandise or materials are being loaded or unloaded from such vehicle, and does not mean an area designed for the purpose of sale or display, customer parking or storage. The loading space must have an unobstructed access to a street or a lane. 5.105 Long Term Care Home A "long term care home" as defined in the Long-Term Care Homes Act, 2007, and its successors. 5.106 Lot A block, reserve and any other delineation of land on a plan recorded under the Land Titles Act. 5.107 Lot Area The total horizontal area within the lot lines of a lot. 5.108 Lot, Corner A lot situated at the intersection of, and abutting on, two or more streets. 5.109 Lot Coverage The percentage of lot area covered by all buildings, main and accessory, which includes shipping containers, and a deck if it is attached to the house and is 0.6 metres or higher above the ground. 5.110 Lot Depth The horizontal distance between the front and rear lot lines; or where these lot lines are not parallel, the length of a line joining the midpoints of the front and rear lot lines. 5.111 Lot, Exterior A side lot which abuts the street on a corner lot. 5.112 Lot Frontage The distance between the side lot lines measured at the building line and parallel to the street line, except that: a) Where the front lot line is not perpendicular to the side lot lines, which are parallel, lot frontage means the horizontal perpendicular distance between two side lot lines; b) Where the front lot line is not a straight line and the side lot lines are not parallel, the lot frontage is to be measured by a line 6.0 metres back from and parallel to the chord of the lot frontage, and for the purpose of this paragraph, the chord of the lot frontage is a straight line joining the two points where the side lot lines intersect the front lot line; and c) Where there are no side lot lines, the greatest distance between any two points. 5.113 Lot, Interior A lot situated between two lots or a lot other than a corner lot. 5.114 Lot, Through A lot bounded on two opposite sides by streets or highway provided, however, that if any lot qualifies as being both a corner lot and a through lot as herein before defined, such lot means a corner lot for the purpose of this By-law. 5.115 Lot of Record A lot which is part of the subdivision or block recorded in the registry of Land Titles Office, or a lot or parcel described by meets and bounds, the description of which has been so recorded. 5.116 Lot Line A boundary, property boundary, or exterior line of a lot. 5.117 Lot Line, Front a) In the case of an interior lot, the lot line abutting a street to which access is available. b) In the case of a lot abutting a navigable waterway, the line formed by the Optimal Summer Water Level or the inner limit of the shore road allowance. 17 ZONING BY-LAW 21-032 c) In the case of a corner lot, the shortest of the lot lines which abuts the street. Where such lot lines are of equal length, the front lot line shall be either of the lot lines. d) In the case of a through lot, if it abuts two streets, the lot line abutting the street from which access is primarily gained to the lot; or, if it abuts a street and a navigable waterway, the lot line along the navigable waterway. 5.118 Lot Line, Side, Exterior A side lot line that abuts a street on a corner lot. 5.119 Lot Line, Side, Interior A side lot line that immediately adjoins another property. 5.120 Lot Line, Rear The lot line furthest from or opposite the front lot line or in the case of a triangular lot, shall be the point formed by the intersection of the side lot lines. 5.121 Machining An operation which shapes metal parts by carving away excess material as chips produced in a sequential process of turning, milling and grinding operations. 5.122 Market Place An area of land consisting of buildings, stalls or an open area used primarily for the display and retailing of, without limiting the generality of the foregoing, farm produce, meat, poultry, foodstuffs or commodities. 5.123 Metal Products Factory A factory for forging, rolling, stamping or drawing (either cold or hot), casting, fabricating, grinding, turning, machining, heat-treating, galvanizing, plating, coating, annealing or other fabrication or processing of structural steel, boilers, tanks, drums or cans, machines, motors or large parts, including railway, automotive, agriculture or electrical equipment, hardware or tools, other ferrous or ferro-alloy metal products, aluminum products, brass or copper products, white metal alloy products, bronze powder or other non-ferrous or non-ferrous alloy metal products and includes an industrial welding shop, a casting factory and a die casting factory premises used for making sand castings and a railway rolling stock repair shop but does not include a small metal wares factory. 5.124 Mineral Extraction The extraction of any mineral, ore, sand, gravel, or other materials and may include above ground mining structures. 5.125 Mineral Processing The processing of raw minerals extracted from the ground and may include smelting, or any other form of processing. 5.126 Mineral Disposal The disposal or storage of waste products resulting from the processing of minerals and may include tailing sites and slag dumping sites. 5.127 Mineral Extraction and Disposal The extraction of any mineral, ore, sand, gravel or other material and may include above ground mining structures, and the subsequent disposal or storage of waste products resulting from the processing of minerals and may include tailing sites and slag dumping sites. 5.128 Mobile Food Outlet A mobile commercial operation including a refreshment or restaurant operation which is established at a location on a temporary basis and which may change location from time to time through the use of motorized transportation and which is not located in a permanent building or structure. Mobile businesses do not include the delivery of goods and services that have been prearranged. 5.129 Mobile Home Park A parcel of land used for the parking or storage of mobile homes and includes all accessory buildings necessary for the operation of said park. 5.130 Mobile Home Site An area of land within a mobile home park which is used as the site of not more than one (1) mobile home. ZONING BY-LAW 21-032 18 5.131 Model Home A single detached dwelling or semi-detached dwelling used only for the purpose of display and sale and may include a detached temporary washroom facility designed for staff and the public. 5.132 Motor Vehicle Body Shop A building or structure used for the painting or repairing of motor vehicle bodies, exterior and undercarriage, and in conjunction with which there may be towing service and motor vehicle rentals for customers while motor vehicle is under repair. 5.133 Motor Vehicle Dealership A building or structure where a dealer displays motor vehicles for sale or rent and in conjunction with which there may be a motor vehicle body shop, service station and washing establishment (car wash). 5.134 Motor Vehicle Gas Bar One or more pump islands, each consisting of one or more gasoline pumps and a shelter. 5.135 Motor Vehicle Rentals A building or structure where a company rents automobiles for a short period of time for a fee and may be in conjunction with a motor vehicle service station. 5.136 Motor Vehicle Repair Shop A building or part of a building used for the servicing and repair a vehicle or part of a vehicle or for the retail sales of parts, accessories or lubricants. 5.137 Motor Vehicle Service Station A building or clearly defined space on a lot where motor vehicle fuel is sold by retail, including a gas bar, and where motor vehicle accessories, parts and repairs may be available for purchase, but does not include premises where the sole use is one or more of a motor vehicle repair shop, transmission shop, muffler shop or other like or similar businesses. 5.138 Non-Complying, Legal Shall mean a permitted use, building or structure legally existing at the date of the passing of this By-law, which does not fulfill the minimum requirements of the zone within which the building is located. 5.139 Non-Conforming, Legal An existing use or activity of any land building or structure which does not conform to the permitted uses or activities of this By-law for the zone in which such existing land, building or structure is located, so long as it continues to be used for that purpose. 5.140 Obnoxious Use Any use which shall be a nuisance to the occupants or owners of any neighbouring lands or buildings by reason of the emission from the said land or any part thereof, or the creation thereon, of odours, gases, dirt, smoke, noise, vibration, fumes, cinders, soot, waste or depositing or leaving unsightly objects or chattels thereon or otherwise. 5.141 Outdoor Display Merchandise or goods exhibited or advertised for immediate sale and which is located on the lot exterior to a building. 5.142 Outdoor Storage Merchandise, goods, inventory or equipment reserved or stored but not intended for immediate sale, and which is located on the lot exterior to a building. 5.143 Park An area devoted to recreational and open space uses and used for: a) passive forms of recreational uses which may include a picnic area, walking trail, swimming area, greenhouse, zoological gardens, botanical gardens or like or similar uses; b) active forms of recreational sues which may include a baseball diamond, soccer pitch, docks, tennis courts, outdoor ice rink, swimming pool, fair grounds, athletic fields, field houses, bleachers, bandstands, or other like or similar uses; or 19 ZONING BY-LAW 21-032 c) special events, which may include without limiting the generality of the foregoing, social and cultural events, and the temporary display of goods, wares, merchandise, substances, foodstuffs, commodities or articles of similar kind to the general public; designed to serve the residents of a neighbourhood, community, region or province. 5.144 Parking Area, Parking Lot An open area, other than a street, used for temporary parking of four or more motor vehicles and which are available for public use whether free, for compensation or as accommodation for clients, customers or residents and which has adjacent access to permit ingress or egress of motor vehicles to a street or highway by means of driveways, aisles or manoeuvring areas the latter upon which no parking or storage of motor vehicles is permitted. 5.145 Parking Space An area enclosed in a principal building, in an accessory building or unenclosed, set aside for the purpose of parking one motor vehicle having access to a street or a lane. 5.146 Personal Service A building or part thereof, used for the provision of services involved in the health, beauty, or grooming of a person, or the maintenance or cleaning of their apparel. 5.147 Pet Daycare Service An establishment conducted during regular office hours, which is engaged in grooming and supervision of pet animals. A pet daycare service is not an animal boarding facility or a veterinary establishment and does not operate on a twenty-four hour basis. 5.148 Pet Obedience Training Establishment An establishment that provides a standardized program of training for pets calculated to give owners mastery of their pets at all times. 5.149 Pet Supply Store A retail store that specialized in pet supplies such as, but not limited to, leashes, collars, food and toys, but does not include the sale of animals. 5.150 Photography Studio A building or part of a building used primarily for the developing and print processing of film and includes portrait and commercial photography and repair of photographic equipment. 5.151 Pit A place where unconsolidated gravel, stone, sand, earth, clay, fill, mineral or other material is being or has been removed by means of an open excavation to supply material for construction, industrial or manufacturing purposes, but does not include a wayside pit. 5.152 Place of Assembly A building or part thereof in which facilities are provided for such purposes as meeting for civic, theatrical, musical, political, religious or social purposes and shall include, without limiting the generality of the foregoing, an auditorium, banquet hall, concert hall, gymnasium, opera house, playhouse or other similar uses. 5.153 Places of Worship A building dedicated to religious worship and may include such accessory uses as a nursery school, an assembly hall, a school of religious education, covenant, monastery or parish hall. 5.154 Plant, Asphalt or Concrete An industrial facility used for the production of asphalt or concrete, or asphalt or concrete products, used in building or construction, and includes the stockpiling of bulk materials used in the production process or of finished products manufactured on the premises and the storage and maintenance of required equipment. 5.155 Portable Asphalt Plant 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. Such facility is not of permanent construction and is designated to be dismantled and moved to another location as required. ZONING BY-LAW 21-032 20 5.156 Portable Shelter Means a prefabricated structure usually constructed with 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 vehicle and other items. 5.157 Post Secondary Institution A university or college, as defined by provincial legislation. 5.158 Prepared Food Store A building or part thereof in which food or beverages are prepared for human consumption and shall include bake shops, meat markets, wine making and supplies shop. 5.159 Principal Use The predominate purpose for which any land, building, structure or premises, or part thereof, is used, designed, arranged, occupied, or maintained. 5.160 Printing Establishment An establishment used for blueprinting, engraving, stereotyping, electro-typing, printing or typesetting and shall include a duplicating shop and a letter shop. 5.161 Prison A penitentiary, common jail, public or reformatory jail, lock up, guard room, or other place in which persons who are charged with or convicted of offences are usually kept in custody, as defined by the Criminal Code Chapter R.S. 1985 c. C-46 as amended, but does not include a group home. 5.162 Private Home Daycare A temporary care for reward or compensation of five (5) children or less who are under twelve (12) years of age where such care is provided in a private residence as a household occupation, other than the home of a parent or guardian of any such child for a continuous period not exceeding twenty-four (24) hours. 5.163 Private Swimming Pool An artificial body of water, the container of which is constructed of cement, plastic, fiberglass or similar material, having a depth greater than 0.45 metres and intended primarily for bathing, swimming and diving, but shall not include a natural, dug or dammed pond primarily intended for aesthetic or agricultural purposes. 5.164 Professional or Administrative Office A building, or part thereof, in which one or more persons are employed in the management, direction or conducting of a business or where professionally qualified persons and their staff serve clients who seek advice, consultation or professional services, but does not include health services. 5.165 Public Authority Any local board defined by the Municipal Affairs Act, R.S.O. 1990, Chapter M.46, as amended. 5.166 Public Use The use of a lot or a building by a public authority, for the purpose of providing its services to the public, or carrying out its public mandate, but does not include a business office. 5.167 Quarry A place where consolidated rock has been or is being removed by means of an open excavation to supply material for construction, industrial or manufacturing purposes, but does not include a wayside quarry or open pit metal mine. 5.168 Recreational Facility The use of lands, buildings or structures designed and equipped for the conduct of athletic and recreational pursuits that have a similar requirement of, or characteristic of the principal institutional use that is offered publicly. 5.169 Recreational Vehicle A vehicle used primarily for recreational or vacation purposes, includes but is not limited to travel trailers, truck trailers, campers, motorized homes, boats, snowmobiles, and all terrain vehicles. 5.170 Recreational Vehicle Sales and Service Establishment A premise where new or used recreational vehicles and related equipment and accessories are displayed for sale or rent in conjunction with which there may be facilities for the servicing of such vehicles. 21 ZONING BY-LAW 21-032 5.171 Redevelopment The removal of buildings from the land and the construction and erection of other buildings thereon. 5.172 Renovation The repair and restoration of a building to good condition, but shall not include its replacement. 5.173 Repair Shop An establishment specializing in the repair and maintenance of a variety of items, excluding motorized vehicles. 5.174 Restaurant An establishment which is primarily engaged in the preparation and sale of food and beverages which may be consumed on its premises by the public at tables inside or outside the building or may be engaged in providing the public with the take-out service of food and beverages for off-site consumption, and may or may not be licensed for the sale of alcoholic beverages. For this purpose of this definition, a mobile food outlet is not considered a restaurant. 5.175 Retail Store A building or part thereof in which goods, wares, merchandise, substances, articles or things are offered or kept for sale directly to the public at retail value. This includes a cannabis retail store. 5.176 Salvage Yard Any land, building or part thereof used for the storage or disassembly of motor vehicles or machinery and, if in conjunction therewith the crushing or scrapping of metal or the retail sale of used motor vehicle parts or accessories. 5.177 Self Storage Facility A building or group of buildings used for the indoor storage of household goods, wares, substances, or articles but shall not include a cartage depot, transportation depot or warehouse. A shipping container, truck body, bus coach, streetcar body, railway car or other similar body or containers, whether on wheels or not, shall not be used as part of a Self Storage Facility. 5.178 Setback The distance between a lot line and the nearest wall of any building or structure and extending the full width or length of the lot. 5.179 Shipping Container A rectangular metal container customarily used for the transport of freight or for storage, with or without wheels. 5.180 Shopping Centre A group of commercial establishments built on a site that is planned, developed, owned and managed as an operating unit related in location, size and type of shops to the trade area that the unit serves and which provides onsite parking in definite relationship to the type and total size of the stores in the shopping centre. 5.181 Short Term Rental Accommodation All or part of a dwelling unit used to provide sleeping accommodations for any rental period that is less than 28 consecutive days in exchange for payment. This includes B&Bs but excludes hotels and motels. 5.182 Bed and Breakfast A dwelling or part thereof, in which not more than four (4) bedrooms are used or maintained for the accommodation of the travelling or vacationing public, in which the owner supplies lodging, with or without meals, for the persons so accommodated, but does not include a boarding home. 5.183 Showroom A building or structure used to display goods for sale, such as appliances and furniture. 5.184 Solar Farm Any device or combination of devices employed in the collection of direct solar radiation for the purpose of heating or cooling a building, heating water, generating electricity or otherwise converting solar rays into usable forms of energy. 5.185 Special Occasion Tent or Structure An outdoor venue that can accommodate a variety of special events including but not limited to concerts, festivals, fundraising activities, ceremonies and wedding receptions and provides temporary covered open space. ZONING BY-LAW 21-032 22 5.186 Storage Trailer The trailer portion of a tractor-trailer unit, a transport truck, haulage trailer, or the box or storage area of a van or utility vehicle that is used in a manner similar to an accessory structure. Accessory use storage trailers may only be used for storage purposes and may not be used to accommodate work areas, shops, office use or retail sales or any other form of occupancy. 5.187 Storey That portion of a building other than an attic, basement or cellar, which lies between the top of any floor and the top of the floor next above it, and if there is no floor above it, that portion between the top of such floor and the ceiling above it. 5.188 Storey, First The first storey is the lowest storey close to the finished grade and which is 75% above the level of the finished grade. 5.189 Storey, One Half Shall mean that portion of a building situated wholly or in part within the roof and having its floor level not lower than 1.0 metre below the line where roof and out wall meet and in which there is sufficient space to provide a height between finished floor and finished ceiling of at least 2.0 metres over a floor area equal to fifty percent or more of the area of the floor next below. 5.190 Street A public highway or public road which affords the principal means of access to abutting lots but does not include a public lane or private right-of-way. 5.191 Structure Anything constructed or erected with a fixed location, on the ground or attached to something having a fixed location on the ground. 5.192 Tavern A building or part thereof where, in consideration of payment therefore, liquor, beer, or wine or any combination thereof, are served for consumption on the premises, with or without food. 5.193 Taxi Stand A building or structure that operates as the command centre for commercial automobiles that carries passengers to and from a location for a fee. 5.194 Temporary Use The use of land or the erection or use of building or structure for a construction camp, work camp, tool shed, scaffold, or other building or structure incidental to and necessary for such construction work which has not been finished or abandoned. 5.195 Tent A temporary shelter made of canvas, nylon or other such material, including associated poles, pegs, and ropes that may be disassembled and easily moved, and that is not permanently affixed to the site but shall not include a recreational vehicle or any other structure otherwise defined or classified in this By-law. 5.196 Tourist Establishment A commercial establishment designed for the travelling or vacationing public, and that has facilities for accommodation and may serve meals or provide kitchen facilities and may furnish equipment, supplies or services to persons for recreational purposes. 5.197 Vehicle A motor vehicle, trailer, traction engine, farm tractor, road building machine and any vehicle drawn, propelled or driven by any kind of power, including muscular power, or as otherwise defined under the Motor Vehicle Amendment Act. 5.198 Veterinary Establishment A building established for the purpose of medically or surgically treating animals, especially domestic animals. 23 ZONING BY-LAW 21-032 5.199 Warehousing A building or part of a building used for the storage and distribution of goods, wares, merchandise, substances or articles and may include facilities for a wholesale or retail commercial outlet, but shall not include facilities for a truck or transport terminal or yard. 5.200 Waterbody Means any bay, or lake other than a drainage ditch or irrigation channel. 5.201 Wayside Pit or Quarry A temporary pit or quarry opened and used by a public road authority solely for the purpose of a particular project or contract of road construction and not located on the road right-of-way. 5.202 Wholesaling The sale and distribution of goods or materials for resale purposes only. 5.203 Yard An open, uncovered space on a lot appurtenant to a building, except a court, and unoccupied by buildings or structures except as specifically permitted in this By-law. 5.204 Yard, Front A yard extending across the full width of the lot between the front lot line and the building line. 5.205 Yard, Exterior Side The side yard of a corner lot which extends from the front yard to the rear yard between the exterior lot and the nearest main wall of any building or structure. 5.206 Yard, Interior Side A yard extending from a front yard to a rear yard, between a side lot and a line drawn parallel thereto and through the nearest point of a main building, nearest the side lot line. 5.207 Yard, Rear A yard extending across the full width of the lot between the rear lot line and a line drawn parallel thereto and through the nearest point of a main building closest to the rear lot line. Figure 2: Visual Representation of Front, Side and Rear Yards Visual representation of front, side and ZONING BY-LAW 21-032 24 5.208 Zone An area of district of land shown on the schedules of this By-law and which are subject to special restrictions. 25 ZONING BY-LAW 21-032 SECTION 6: INTERPRETATION 6.1 CLASSIFICATION 1. For the purpose of this By-law, the affected area of the Town of Kirkland Lake is divided into the following Zones and their extent, location and boundaries are shown on the Zoning Maps hereto attached as Schedules "A-1" to "A-5" and "B-1" to "B-2" to this By-law. Zone Symbol Section Residential Low Density R1 10 Residential Medium Density R2 11 Residential High Density R3 12 Residential Mobile home RMH 13 Town Centre Commercial C1 15 Shopping Centre and Highway Commercial C2 16 Neighbourhood Commercial C3 17 Light Industrial M1 19 Heavy Industrial M2 20 Mining Industrial MM 21 Mineral Extraction and Disposal MED 22 Parks and Open Space O1 23 Restricted Open Space O2 24 Institutional I 25 Rural RA 27 Rural Estates Development RE 28 Rural Residential RR 29 Rural Recreation Development RS 30 Future Development Area DA 31 6.2 SYMBOLS 1. The symbols used on Schedules "A-1" to "A-5" and "B-1" to "B-2", refer to the appropriate zones established by this By-law. 6.3 INTERPRETATION OF ZONE BOUNDARIES 1. The extent and boundaries of all zones are shown on Schedules "A-1" to "A-5" and "B-1" to "B-2", and for such zones, the provisions of this By-law shall respectively apply. 2. Boundaries between zones shall be determined as follows: (a) Where a zone boundary is indicated as following a street or lane or highway, the boundary shall be the centre line of such street or lane or highway, and in the event of the closing of such street or lane or highway, the zone boundary shall be the former centre line of the said street or lane or highway; (b) Where a street or land or highway, railroad or railway right-of-way, electrical transmission line right-of-way or water course is included in the zoning maps, it shall be, unless otherwise indicated, be included in the zone of the adjoining property on either side thereof; (c) Where a railroad or railway right-of-way, electrical transmission line right-of-way or water course is included on the zoning map and serves as a boundary between two or more different zones, the line midway on such right-of-way or water course and extending in the general direction of the long division thereof shall be considered the boundary between zones unless specifically indicated otherwise; and (d) Where a zone boundary is indicated as following the municipal limits of the Town of Kirkland Lake, the limit shall be the zone boundary. ZONING BY-LAW 21-032 26 6.4 CERTAIN WORDS 1. In this By-law, words used in the present tense include future, words in the singular number include the plural, words in the plural include the singular number, and the word "used" includes "arranged", "designed", or "intended to be used", the word "shall" is mandatory and not permissive. 6.5 SPECIAL EXCEPTION ZONES 1. Where a zone symbol is followed by a dash and a number (for example "M1-1"), the lands so designated shall be subject to all of the provisions of the zone represented by such symbol, except as otherwise provided by the special exception provisions. These special provisions are listed separately under the appropriate special exception section of the parent zone (e.g. M1) in the text of this By-law. 6.6 HOLDING ZONES 1. Any parcel or area of land may be further classified as a holding zone with the addition of the suffix "-h". The intent is to signify Council's approval in principle to future development of the land for the purposes indicated by the symbol. The holding classification added to a given zone shall restrict development of the land until the requirements of the Official Plan related to holding zones have been met. 2. Where a holding zone applies, no lands shall be used and no buildings or structures shall be erected or used for any purpose other than those uses existing for such land, building, or structure on the date of passing of this By-law. Any change from the holding status shall require an amendment to this By-law, and the Town may require that the applicant enter into an agreement for the development of his/her lands prior to the amendment being approved. 6.7 TEMPORARY USE BY-LAWS 1. Temporary use By-laws may have been passed by the Town to allow temporary uses pursuant to Section 39 of the Planning Act. Temporary uses are shown on the schedules as special exceptions and details concerning the temporary use are included in the special exception text within the specific zone category. 27 ZONING BY-LAW 21-032 SECTION 7: GENERAL PROVISIONS 7.1 APPLICATION TO ALL ZONES The provisions of this section apply in all zones except as may be otherwise indicated. 7.2 ACCESSORY USES The following provisions shall apply to permitted accessory buildings in each respective zone: (a) Accessory buildings shall not be used for human habitation except where a dwelling is a permitted accessory use. (b) The accessory building shall not be built closer to the front lot line than the minimum distance required by this By-law for the principal building on the lot. (c) An accessory building shall not be considered an accessory building if attached to the principal building by a common wall, or if enclosed within the structure of the principal building. (d) Where dwellings are permitted as accessory buildings, the provisions of the "Residential Low Density (R1)" zone shall apply. (e) An accessory building shall not be erected on a lot prior to the principal building to which it is to be accessory thereto. (f) Unless otherwise noted in the following table, the accessory structure shall have the same setbacks as the principal building. R1, R2, RMH R3, R4, I RA, RE, RR, RS, (Not waterfront) RA, RE, RR, RS, (Waterfront) All Other Zones Minimum Front Yard Same as Principal Building 0.0 metres Same as Principal Building Minimum Rear Yard 0.6 metres 3.0 metres 3.0 metres 3.0 metres Same as Principal Building Minimum Interior Side Yard 0.6 metres 3.0 metres 3.0 metres 3.0 metres Same as Principal Building Minimum Exterior Side Yard Same as Principal Building Minimum Distance from Principal Building 1.2 metres Maximum Height 5.0 metres Maximum Lot Coverage 10.0 percent 20.0 percent 2.5 percent 2.5 percent 1.0 percent Additional Dwelling Units (a) Where these uses are permitted, they are subject to the following provisions: i. One additional residential dwelling unit is permitted in a single detached dwelling unit, semi-detached dwelling unit, or triplex dwelling unit, and one accessory dwelling unit is permitted in a building or structure accessory to the aforementioned units. ii. The additional residential unit is designed and located in such a manner to not have an impact on the streetscape or character of the surrounding neighborhood; iii. Additional Residential units shall be subject to the corresponding zone provisions if located in the primary structure iv. Additional Residential Units in an accessory structure shall be subject to the general provisions for accessory uses v. 1 parking space per accessory dwelling unit or garden suite is required; vi. An additional residential unit is permitted on private services, provided it can be demonstrated that the private sewage disposal system and water system can accommodate the change in use; and vii. Additional Residential Units may not be severed from the lot containing the primary residential use. ZONING BY-LAW 21-032 28 Detached Private Garages (a) No opening of a detached private garage located in the side or rear yard of any corner lot shall be located closer than 3.0 metres to any street line. (b) Exception for Garage Separate from the Main Residential Use i. An accessory garage may be built on a separate lot without a main use, provided that: a) A parking space is provided on the lot with the primary residential use; and b) No residential dwelling unit (accessory, converted, or otherwise) are permitted on the lot with the accessory garage c) The lot with the accessory garage shall not be used for commercial purposes unless it is zoned for commercial purposes d) A maximum of one (1) commercial vehicle is permitted on the lot with the garage for parking purposes e) The landowner shall enter into an agreement with the Corporation of the Town of Kirkland Lake that the lot with the garage separate from the main use shall be sold with the lot with the primary dwelling, or to an abutting property within 100 metres that the lot is servicing. Deck (a) If the deck is attached to the house and is 0.6 metres or higher above the ground it is included in the Lot Coverage. Dwelling Units Below Grade (a) No dwelling unit shall, in its entirety, be located in a cellar. If any portion of a dwelling unit is located within a cellar, such portion of the dwelling unit shall be used as a furnace room, laundry room, storage room, recreation room or similar use only. Garden Suites (a) Where these uses are permitted, they are subject to the following provisions: i. No more than an amount equal to 40% of the gross floor area of the principal dwelling use, may be developed for a garden suite; ii. 1 parking space per accessory dwelling unit or garden suite is required; iii. Garden suites must maintain a minimum of 1.2 metre setback from the primary dwelling Portable Shelters (a) Portable shelters are permitted year-round, subject to the following provisions: i. A maximum of two (2) portable shelters are permitted on a property (b) Portable shelters must be located a minimum of 0.6 metres from the rear, interior and/or exterior side property lines; (c) If located in the front yard the portable shelter shall no pose any hazards for vehicular movement or human health and safety; (d) Portable shelters shall be included in the lot coverage calculations; and (e) Portable shelters are subject to the provisions established in the Property Standards By-law and the Community Standards By-law. Private Swimming Pools (a) Where a private swimming pool (excluding temporary inflatable swimming pools) is constructed as an accessory use to any principal residential or commercial use, no part of it shall be located closer than 1.2 metres to any rear or interior side lot line (3.0 metres to exterior side lot line). All pool pumps and filtering equipment shall be in an enclosed structure. 29 ZONING BY-LAW 21-032 (b) All private swimming pools shall be in conformity with the Town's Pool By-law. Properties Fronting Water (a) Boathouses, boat ports and docks may be built along the front lot line when the said lot line abuts a body of water. Recreational Vehicles (a) No recreational vehicle shall be used for habitable space, other than 1 recreational vehicle used for camping purposes which shall only be permitted in the "Rural (RA) Zone". (b) Recreational vehicles are only permitted in the Residential zones for storage/parking purposes as an accessory use on a lot that has an established primary use. (c) Recreational vehicles must be stored appropriately and conform to the following provisions: i. If any vehicles are to be located in the front yard, they shall not pose any hazards for vehicular movement or human health and safety; ii. All recreational vehicles shall be stored in accordance with the Community Standards By-law. Truck, Bus and Coach Bodies, Recreational Trailer (a) No trucks, bus, coach or streetcar body, or structure of any similar kind shall be used for human habitation as a bona fide dwelling unit. No recreational trailer or vehicle shall be used or occupied or be intended for use as a permanent building. Shipping Containers (a) Shipping containers are permitted in Residential, and Industrial zones and the "Shopping Centre and Highway Commercial (C2)" and "Rural (RA)" zones, only as an accessory use on a lot that has an established primary use. (b) Shipping containers shall conform to the following provisions: i. Such containers shall be maintained in an orderly appearance, i.e. not rusted. ii. Such containers shall only be permitted in the rear and interior side yard, and must maintain a minimum setback of 2 metres from the lot line. iii. In a Residential Zone, or on a lot that abuts a residential zone, a minimum landscaped buffer of 1.0 metres in width must be maintained adjacent to the shipping container. iv. Such container shall not be located in any required parking space. v. Shipping Containers shall be in compliance with the Ontario Building Code; vi. Shipping Containers shall be included in lot coverage calculations 7.3 AIRPORT CONSTRAINT AREA Development and land use within the Airport Constraint Area (see Official Plan Schedule D-3) that would interfere with the functioning safe operation, or expansion of the Kirkland Lake Airport is prohibited. All development within the Airport Constraint Area must be developed under controlled conditions to ensure the Airport operation will not be adversely affected and conform to the provisions established in the Official Plan. 7.4 CORNER VISIBILITY TRIANGLE 1. No obstruction to visibility, whether from a building, motor vehicle, landscaping, or other impediments shall be permitted within a corner visibility triangle. The purpose being to allow a complete view of oncoming motor vehicle and pedestrian traffic by other such traffic entering the intersection. The corner visibility triangle is measured: (a) Along the edge of the pavement for a distance of 6.0 metres from the point of intersection on a local or collector road; (b) Along the edge of the pavement for a distance of 9.0 metres from the point of intersection on a highway; or ZONING BY-LAW 21-032 30 (c) Along the edge of the pavement and a railway right-of-way for a distance of 30.0 metres from the point of intersection. 7.5 EXISTING UNDERSIZED LOTS A vacant lot held in separate ownership from adjoining parcels on the effective date of this By-law, having less than the minimum lot frontage or lot area required by this By-law, may be used for the purpose permitted in the zone in which the lot is located and buildings may be erected on the lot provided that all other applicable provisions of this By-law are satisfied. 7.6 FRONTAGE/ACCESS ON A PUBLIC STREET No person shall construct or erect upon a lot, a building or structure for any purpose on any zone unless the front lot line of such lot abuts a public street other than a lane or private right-of-way, except: (a) Resource related development may be accessed via a private road. (b) An existing separate lot of record which does not front on an opened public road or highway may be used, if the lot legal access registered on title to an opened public road or highway, or in the case of lands that have access over Crown lands that confirmation of such access in perpetuity is provided. 7.7 HEIGHT REGULATIONS The height regulations of this By-law shall not apply to electrical power facilities, church spires, ornamental domes, cupola, water tanks, elevation enclosures, mining head frames, flagpoles, television or radio antennae, ventilators, skylights, chimneys, or clock towers, mechanical and service equipment, penthouses, drive-in theatre screens, silo, barn or windmill or other farm buildings, unless within the "Airport Constraint Area". 7.8 HOUSEHOLD OCCUPATIONS 1. In addition to the requirements of each residential, rural and rural residential zones, the following provisions shall apply: (a) Permitted offices shall be for a recognized profession and without limiting the generality of the foregoing, may include: accountants, architects, auditors, dentists, engineers, insurance agents, land surveyors, lawyers, medical practitioners, notaries, veterinarians and realtors. (b) Permitted household occupations shall include the manufacturing or offering for sale of goods or services normally found in a dwelling and without limiting the generality of the foregoing, may include: dressmaking, tailoring, hairdressing, barbering, instruction in music, dancing, arts and crafts to not more than six pupils or students at any one lesson, weaving, painting, sculpting, molding, or otherwise making or repairing of garden or household ornaments, articles of clothing, personal effects or tops. (c) Only one person residing in the said dwelling, plus one assistant, who may or may not reside in the dwelling, may conduct the said household occupation or professional office. (d) The floor area devoted to the said household occupation or professional office shall not be more that 25.0 percent of the total floor area of the dwelling, or a maximum of 46.0 square metres, whichever is the lesser. (e) There shall be no advertising other than a plate or sign with a maximum area of 0.2 square metres, which does not flash and is attached and parallel to the main wall of the building. (f) One off-street parking space shall be provided for each 18.0 square metres of floor area devoted to the household occupation or professional use, in addition to that required for the residential use. Not more than 15.0 percent of the total lot area may be devoted to parking facilities. (g) The residential character of the dwelling unit shall not be changed. (h) The household occupation or professional office shall not create or become a nuisance because of noise, fumes, dust, odour and traffic or otherwise interfere with the enjoyment of the residential amenities of the neighbourhood. 31 ZONING BY-LAW 21-032 (i) There shall be no open storage or outdoor display of materials or finished products, and no machinery or instrument shall be used in conducting the household occupation that is not normally used in a residence or is not compatible with a residential area. (j) In the case of a veterinarian, there shall be no animal boarding facility. (k) Where an office is used by a veterinarian, physician or dentist, such office use shall be for consultation and emergency and treatment and not as a health services building or hospital. 7.9 MINIMUM DISTANCE SEPARATION 1. All new agricultural development and development in proximity to existing agricultural uses shall comply with the Minimum Distance Separation (MDS) Formulae I or II of the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA), as may be amended from time to time. 7.10 MULTIPLE USES 1. Where any land or building is used for more than one purpose, all provisions of this By-law relating to each use shall be satisfied. Where there is conflict such as in the case of lot size or lot frontage, the higher or more stringent standards shall prevail. 7.11 ONE MAIN BUILDING ON A LOT 1. Only one principal building on a lot shall be permitted except in residential zones that permit grouped dwellings, the "Shopping Centre and Highway Commercial (C2)" zones, or unless otherwise stated in this By-law. 7.12 PARKING OF COMMERCIAL VEHICLES 1. No person shall park or store in any Residential Zone, any commercial vehicle unless under the following circumstances: (a) The vehicle is located in a private garage; or (b) The vehicle is located behind the front building line, in the interior side or rear yard, and is screened by an opaque fence having a height of no less than 1.8 metres; and (c) The vehicle is owned and operated by the owner or occupant of the dwelling unit. i. At no time, shall there be more than two (2) commercial vehicles located on a residentially zoned property. ii. The owner of the dwelling unit must retain the required number of parking spaces for the dwelling, not including the space used for the commercial vehicle(s). 7.13 PERMITTED ENCROACHMENTS IN YARDS Except for accessory buildings, structures or uses, 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 those structures listed in the following table shall be permitted to project for the specified distances into required yards as follows: Structure or Feature Applicable Yard(s) Required setback or Permitted Encroachment Sills, Belt Courses, eaves, gutters, Any yard May encroach 0.6 m into the required chimneys, awnings, pilasters, canopies yard and generators Window Bays Front, and Rear yard May encroach 1.0 metres into the required front, rear yard ZONING BY-LAW 21-032 32 Fire Escapes, Exterior Staircases Rear and Side yards May encroach 1.5 metres into the required rear and side yards for a maximum width of 3.0 metres Balconies Front, Rear and Side Yards May encroach 2.0 metres into the required yard Porches not exceeding one storey in height Front, Rear and Exterior Side Yard May encroach 2.5 metres into the required yards Air Conditioners Rear, Interior Side and Exterior Side Yard May encroach 0.6 metres into the required yards Deck located at 2 feet or above Rear Yard May encroach 5.0 metres into the required yard and maintain a minimum setback of 1.5 metres to the rear lot line. Front and Exterior Side Yard May encroach 1.6 metres into the required yards Interior Side Yard No encroachment permitted. The restrictions on encroachments into any required yard may be relaxed wherein a Site Plan Control Agreement is executed. 7.14 PUBLIC USES IN ANY ZONE Notwithstanding any other provisions of this By-law, the Town of Kirkland Lake, the District, any public authority or any Department or Ministry of the Government of Ontario or Canada, and for the purpose of this Section shall include any school board, Ontario Hydro, any telephone, cable television or telegraph company, and any natural gas distribution company, may for the purpose of the public service, use any land or erect or use any building in any zone subject to the building being in compliance with the regulations prescribed for such zone or use and subject to there being no outdoor storage of goods, materials, or equipment in any required yard abutting a residential zone. Any buildings erected or used in a residential zone under the provisions of this Section shall be designed so as to not intrude into the residential character of the area. This exception is for use in any zone; however, it shall not apply to any land or building used by said companies for professional or administrative offices, or retail store purposes. Where an educational institution is considered a permitted use within a residential zone, the setback and lot requirements of the "Institutional (I)" zone shall apply. 7.15 RADIO AND TELEVISION TRANSMITTING AND RECEIVING TOWERS 1. The minimum lot size for any lot or parcel upon which a radio or television transmitting or receiving tower is to be located shall be determined as the minimum area required to containing the tower entirely within the property boundaries should the tower fall, irrespective of the direction of the fall. 7.16 REDUCTION OF MINIMUM LOT AREAS PROHIBITED 1. No lot area shall be so diminished that the required yards or other open spaces shall be smaller than prescribed in this By-law. When any part of a lot is required by this By-law to be reserved as a yard or other open space, it shall continue to be reserved. 33 ZONING BY-LAW 21-032 7.17 SERVICING 1. Wherein municipal services are not required in this By-law, the provisions of any sewage disposal or water supply system shall be required to be approved by the authority having jurisdiction or the Ministry of the Environment, Conservation and Parks (MECP) prior to the issuance of any construction permit. 2. No development shall be permitted unless connected to municipal water and sewer services, except where the lands are within the Rural zones. 7.18 SHORT TERM RENTALS 1. Short term rentals are permitted in all or part of a residential building, provided that: (a) Parking shall be provided in accordance with Section 8. (b) The short-term rental use does not change the character of the residential dwelling, nor become a nuisance to the area in terms of parking, noise, or other factors. (c) Such short-term rental is licenced with the Town, if applicable. 7.19 SOURCE WATER PROTECTION - TOWNSHIP OF TECH ACT 1. All development shall conform to the requirements of the Township of Teck Act which permits the Town to control and regulate the sanitation, development, and required studies for development of the identified Gull Lake watershed. 7.20 TEMPORARY CONSTRUCTION USES 1. Nothing in this By-law shall prevent uses incidental to construction such as a construction camp or other such temporary use, a tool shed, scaffold or similar building incidental to construction provided that a construction permit has been obtained for the erection of such building or structure. 2. Nothing in this By-law shall prevent the use of land or the use or erection of a building or structure for a scaffold or other temporary building or structure including a sales or rental office, incidental to construction in progress until such construction has been finished or discontinued for a period of sixty (60) days or unless no construction permit is in force. 7.21 WATERFRONT SETBACKS 1. That any lot abutting a waterbody establish a 30 metre setback for dwellings and septic system from the shoreline. ZONING BY-LAW 21-032 34 SECTION 8: PARKING 8.1 OFF-STREET PARKING REQUIREMENTS 1. In connection with the construction, erection, enlargement or increase in the volume of any building type, provisions shall be made for off-street parking on the same lot as the building in accordance with the following regulations and minimum parking requirements. 8.2 PARKING LOT REQUIREMENTS 1. Parking shall be provided and maintained in conformity with the following schedule: Land Use Use of Land Required Number of Parking Spaces Residential Bed and Breakfast One (1) per dwelling unit; one (1) per guest room Single detached, Semi-detached, Duplex Two (2) spaces per dwelling unit Additional Residential Unit, Garden Suite One (1) space per dwelling unit Triplex, Quadraplex, Townhouse One (1) space per dwelling unit Mobile home One (1) space per dwelling unit Boarding, Rooming or Lodging House One (1) space for each owner two dwellers; One (1) spaces for a residing Multiple Residential and Grouped Dwellings One and one-quarter (1 ¼) spaces per dwelling unit Residential Care Facility, Long Term Care Home One half (½) space for each dwelling unit plus one (1) space per 93.0 square metres of gross floor area for employees Short-Term Rentals One (1) space per rental bed/unit Commercial Health Services One (1) space for each 46.0 square metres of net floor area Retail, Merchandising One (1) space for each 33 square metres of net floor area Sale or rental of Motor Vehicles, Major Recreational Equipment and accessories thereto One (1) space for each accessory office 20.0 square metres of net floor area of Motels and Motels One (1) space for each employees unit plus one (1) space for each four (4) Restaurant One (1) space for each 12.5 square metres of net floor area Gas Station One (1) space for each fuel pump island Service Station One (1) space for each 28.0 square metres based on the lot floor area or five (5) spaces for each service bay, whichever gross is greater Shopping centre One (1) space for each 25.0 square metres of net floor area Financial establishment, Business Office, Veterinary Services One (1) space for each 37.0 square metres of net floor area Local Commercial One (1) space for each 30 square metres of net floor area Industrial Wholesale, Manufacturing Establishment One (1) space for each 100 square metres of gross floor area Animal Boarding Kennel One (1) space for each 30.0 square metres of net floor area Institutional Funeral Home One (1) space for each 23.0 square metres of net (1) space for each funeral vehicle and/or ambulan floor area, plus one ce Child care centre not including a Home Day Care One (1) space for each 23.0 square metres of gross floor area Elementary, Special Education, Pre- School, Junior High Schools Two (2) spaces for each classroom Secondary School Five (5) spaces for each classroom Post-Secondary School One (1) space for each 46.0 square metres of gross floor area 35 ZONING BY-LAW 21-032 Hospitals One (1) space for each two (2) bed or each 37.0 square metres of net floor area, whichever is greater Places of assembly, Religious institutions One (1) space for each 20.0 square metres of gross floor area, or one space for each four (4) fixed seats, whichever is greater Community Centre, Recreational Institutions One (1) space for each 6 persons capacity Libraries, Museums One (1) space per 25.0 square metres of net floor area College Residences One quarter (¼) space per unit 2. If the calculation of the required parking spaces results in a fraction, the required parking spaces shall be the next higher whole number. 3. Where any land or building accommodates more than one use, the total parking space requirement for such land or building shall be the aggregate sum of the requirements for each individual use. 4. Any parking spaces required to be provided by this By-law shall be exclusive of the parking spaces used or intended to be used for the storage or parking of motor vehicles or major recreational vehicles for sale or rental. 5. Where off-street parking spaces are required to be provided for the use of visitors, such parking spaces shall be clearly defined or identified as being reserved for the exclusive use of such visitors. 6. No portion of any access driveway shall be located closer than 9.0 metres to the intersections of two street lines or their projections 8.3 ACCESSIBLE PARKING 1. Provisions of accessible parking spaces shall be compliant with the Ontario Integrated Accessibility Standards Regulation 191/11 or its successors. 2. In the case of Multiple Residential (i.e., apartment dwellings), Commercial, Industrial and Institutional uses, accessible parking spaces shall be provided in accordance with the following table: Total Parking Spaces Required Accessible Spaces Required (minimum) Total Type A Type B Up to 37 1 1 38-62 2 1 1 63-86 3 1 2 87-133 4 2 2 134-166 5 2 3 167-200 6 3 3 Each additional 50 spaces thereof 1 additional space (a) Where an even number of accessible parking spaces are provided, an equal number of parking spaces that meet the requirements of a Type A parking space and a Type B parking space must be provided. (b) Where an odd number of accessible parking spaces are provided, the number of parking spaces must be divided equally between parking spaces that meet the requirements of a Type A parking space and a Type B parking space, but the additional parking space, the off-numbered space, may be a Type B parking space. (c) Accessible parking spaces shall meet the Ontario Integrated Accessibility Standards Regulation 191/11 or its successors and at the time of the writing of this By-law be of the following two types; i. Type A: minimum width of 3.4 m ii. Type B minimum width of 2.4 m ZONING BY-LAW 21-032 36 (d) Access for accessible spaces may be shared by two parking spaces for the use of persons with disabilities and must have a minimum width of 1.5 m. 8.4 SIZE OF PARKING SPACES 1. Each automobile parking space shall have a minimum length of 5.5 metres and a minimum width of 2.75 metres. 2. In the case of angled or parallel parking, each parking space shall have a minimum width of 3.0 metres and a minimum length of 5.5 metres and the access driveway and the aisle giving access to such parking spaces shall have a minimum width of 6.0 metres. 8.5 LOCATION 1. Required parking in any Residential Zone shall be provided on the same lot as the dwelling unit; (a) In all other zones, the parking area and its access shall be located in the same zone and within 100 m of the lot it is intended to serve; (b) Where the required parking is provided away from the lot on which the use of building served is located, the parking spaces shall be in the same ownership or on a renewable long-term lease, with agreement registered with the municipality, and the parking facilities shall be maintained for the duration of the use. 8.6 DRIVE THROUGH 1. The entrance for a drive through function must provide for the progressive movement of cars and shall be sufficient to accommodate stacking for not less than ten (10) cars on said lot, starting at the last window, and that the drive through function does not inhibit the use of the necessary required parking spaces. Stacking spaces for drive through or drive-in uses may not be counted as required off-street parking spaces. 8.7 DRIVEWAYS, RAMPS, LANES, POINTS OF ACCESS 1. All off-street parking facilities required by this By-law shall be provided with adequate means of access to and from a public thoroughfare so arranged as not to interfere with normal public use of the thoroughfare. 2. The nearest side of any point of driveway shall be located a minimum of 15.0 metres from the nearest intersection of any street lines except in any "Residential Low Density (R1)", "Residential Medium Density (R2)" or "Mobile home (RMH)" zone, wherein the minimum distance may be reduced to 9.0 metres. 3. Parking is permitted in the front yard In Residential Zones, provided the required Front Yard setback distance is unreduced. 4. Front yard parking In Residential Zones, may not exceed more than 50% of the lot frontage. Accessible parking spaces 37 ZONING BY-LAW 21-032 5. Allowance for driveways for residential dwelling shall not be less than 3.0 metres clear of all projections, except eaves. 6. Parking spaces may be permitted in tandem in the "Residential Low Density (R1)" Zone. 8.8 OFF-STREET LOADING 1. No commercial or industrial building to which, or from which, regular deliveries are made, shall be used or erected unless off-street spaces for the standing, loading or unloading of motor vehicles are provided in conformity with the following regulations: (a) Off-street loading spaces shall be so arranged, and of such a size as to avoid interference with the use of public streets and lanes; (b) Each off-street loading space shall have a minimum dimension of 3.5 metres by 12.0 metres, with a height clearance of 4.0 metres; (c) Access to loading spaces shall be by means of a driveway at least 3.5 m wide for one way traffic and 6.0 m wide for two way traffic and located within the lot on which the loading spaces are located (d) Every loading space shall be located contiguous to the building, but shall not occupy any portion of any required front yard, or be located as to occupy any required parking space, or circulation or manoeuvring area; (e) The number of off-street loading spaces shall be provided in conformance with the following schedule: Gross Floor Area of Building Required Number of Loading spaces 140.0 square metres or less None 140.0 square metres to 1,855 square metres One (1) 1,856 square metres to 4,645 square metres Two (2) 4,646 square metres to 9,290 square metres Three (3) For each additional 7,000 square metres One (1) additional loading space (f) The requirements for loading spaces shall be exempted for those areas of the "Town Centre Commercial (C1)" zone located within Registered Plan Numbers M-15, M-32 and M-98 respectively and for those areas of the "Neighbourhood Commercial (C3)" zone. (g) Where there are two or more uses located on the same lot, the loading space requirements shall be the sum of the requirements for each use. (h) The loading space requirements shall not apply to any building or structure in existence at the date of passing this By-law so long as the floor area, as it existed at such date, is not increased. If an addition is made to the building or structure which increases the floor area, then additional loading space shall be provided as required in Section 8.8.1 (e) (i) Each loading space and driveway connecting a loading space with a street shall be maintained with a stable surface which is treated so as to prevent the raising of dust or loose particles. Before being used, such loading spaces and driveways shall be constructed of crushed stone, gravel, asphalt paving, concrete, paver stones, or similar materials and be provided with adequate drainage. 8.9 STANDARDS FOR PARKING AREAS FOR MORE THAN FOUR (4) VEHICLES 1. Where parking facilities for more than four (4) vehicles are required or permitted: (a) The parking area shall be maintained with a stable surface that is treated to prevent the raising of dust or loose particles. (b) A structure, not more than 5.0 metres in height and not more than 4.5 square metres in area may be erected in the parking area for the use of attendants. (c) Where the parking area is of a permanent hard surfacing such as asphalt or concrete, each parking space shall be clearly demarcated and maintained as such. (d) No gasoline pumps or other equipment incidental to any permitted use shall be located or maintained on the parking lot. ZONING BY-LAW 21-032 38 (e) The approaches or access driveways or points of access to any parking area shall not be located closer than 15.0 metres from the limits of the right-of-way at a street intersection. (f) Entrance and exit ramps or points of access to any parking area shall not exceed two (2) in number and each such ramp shall have a minimum width of 5.0 metres at the street line. (g) Points of access driveways to any parking areas shall be clearly defined and a physical barrier curb, or landscaping shall be provided between points of access driveways so as to prevent vehicular access between defined access points. (h) The width of an access driveway leading to a parking or loading area shall have a minimum width of 3.0 metres if for one-way traffic and have a minimum width of 5.0 metres if for two-way traffic, and the maximum width of a driveway shall be 7.5 metres. (i) No parking area within a "Residential High Density (R3)", zones shall be permitted within 3.0 metres of a habitable room located in a basement. 8.10 EXEMPTIONS 1. Where the provisions of this Section are inconsistent with the provisions of any other Section, the more stringent or specialized regulations shall apply. 2. Off-street parking regulations shall be exempted for those areas of the "Town Centre Commercial (C1)" zone located within Registered Plans No. M-15, M-32 and M-98 respectively, except that one (1) parking space shall be provided for each dwelling unit within the "Town Centre Commercial (C1)"zone. 39 ZONING BY-LAW 21-032 SECTION 9: RESIDENTIAL ZONES 9.1 SUMMARY TABLE OF PERMITTED USES R1 R2 R3 RMH Single Detached X Semi-Detached X Duplex X Triplex X Quadraplex X Townhouse X Boarding House X Group Home X X X Apartment X Grouped Dwelling X X Mobile Home X Educational Institution X X X Child Care Centre X X X Short-Term Rentals X Parks X X X X Accessory Uses X X X X 9.2 CONFORMITY WITH EXISTING SETBACKS 1. Building or structures within any zone may be built between existing buildings within 60.0 metres on the same block with a setback equal to the average setback of the adjacent buildings, but in the case of buildings in the residential zones, the depth of the setback shall not be less than 3.0 metres from the front lot line. Where reduced front yard setbacks are permitted in accordance with this provision, an access driveway shall be required or off-street parking shall be provided to the rear of the building line. 9.3 MODEL HOMES IN RESIDENTIAL AREAS 1. Model homes are considered permitted uses in all residential zones. A maximum of two (2) model homes are permitted for each new residential subdivision being created by a developer. Model homes shall not operate for a period longer than two (2) years. The residential character of the building shall be maintained. 9.4 MOBILE HOME 1. No mobile home shall be permitted in any zone other than the "Mobile Home (RMH)" zone. No mobile homes shall be located and used as a dwelling unit on a parcel of land in any zone other than a zone which specifically lists such use as a permitted use in that zone. 9.5 FENCING 1. Where a fence is provided for, or is required to be provided for by this By-law, such fence shall not exceed 2.0 metres in height in a residential zone. In no case shall a fence in the front yard of a residential zone be higher than 1.2 metres unless a permit is obtained. 9.6 OPEN SPACE REQUIREMENTS 1. For any property with ten (10) or more units, 9.0 square metres per dwelling unit, based on the total number of dwelling units, shall be devoted to, and consist of developed open space for recreational and play area purposes. 2. The said play area shall be provided and maintained in accordance with the following provisions: (a) The play area shall be enclosed with a fence not less than 1.2 metres in height; (b) The play area shall be located no closer than 3.6 metres to the nearest wall of any building; (c) The play area shall not be separated from any building by any parking lot or access driveway; ZONING BY-LAW 21-032 40 (d) The play area shall be located in one place; and (e) The play area shall be located in the rear or side yard. 9.7 ATTACHED GARAGES/CARPORT 1. Required Interior side yard may be reduced to 0.6 m for Attached Garages or Carport. 9.8 SIGNS FOR MULTI-RESIDENTIAL DEVELOPMENT 1. The maximum sign area for a ground sign erected in conjunction with any townhouse, apartment or grouped dwelling shall be 0.7 square metres. 2. The maximum sign area for a facia wall sign shall be 1.5 square metres. 9.9 GROUP HOMES 1. The following properties have been previously zoned for the use as a group home:  18 Wright Hargreaves (By-law No. 83-81) - TECK MC L1829 PT, RP TER-339, PTS 35 & 36, PCL 9792CST  (This group home is for children under the age of 18 only)  90 Wilson Avenue (By-law No. 88-92) - TECK MC L2260 PT, RP 54R-3033, PTS 11 & 12, PCLS 12775 & 12683CST  91 Third Street (By-law No. 88-91) - PLAN M-65T, LT 61, PCL 1323CST  195 Pollock Street (By-law No. 90-082) - TELC PT MC L2679 BG RP 54R-3559, PT 5, PCL 13023CST  32 Furlong Street (By-law No. 88-93) - PLAN M-120T, PT LOT 153 BG, AND PT LANE BG RP 54R-3014, PTS 33 & 34, RP 54R-3387, PT 2, PCLS 12773, 12774 & 12771CST 41 ZONING BY-LAW 21-032 SECTION 10: RESIDENTIAL LOW DENSITY (R1) ZONE 10.1 In the "Residential Low Density (R1)" zone, no person shall use any land, building or structure, or erect any building or structure, except in conformity with the following provisions. 10.2 Permitted Uses Single Detached Dwelling Semi-Detached Dwelling Duplex Group Home Child care centre Short-Term Rentals Educational Institution, in accordance with the I Zone provisions Parks Accessory Uses 10.3 Any construction, development or redevelopment shall be in conformance with the following requirements: Use Single Detached Dwelling, Short Term Rental, Group Home, Child Care Centre Semi-Detached Dwelling and Duplex Dwelling Minimum Lot Area 370.0 square metres 480.0 square metres Minimum Lot Frontage 12.0 metres Maximum Height 10.5 metres Maximum Lot Coverage 35.0 percent Minimum Front Yard 6.0 metres Minimum Interior Side Yard1 1.2 metres (additional 0.6 metres for each storey) Minimum Exterior Side Yard 3.0 metres Minimum Rear Yard 7.5 metres 1 Where a building is two storeys on one side and one storey on the other, the minimum side yard setback shall be 1.8 metres on the side which is two storeys and 1.2 metres on the side which is one storey. ZONING BY-LAW 21-032 42 10.4 SPECIAL EXCEPTION ZONES 1. R1-01 (41 Hudson Bay Ave; S PT LT 8, M-96T, PCL 11713 CST; By-law 12-026) Notwithstanding the provisions of Sections 10.3 and 8.2 of this By-law to the contrary, the lands zoned R1-1 may be used in accordance with the following provisions: Minimum Lot Area 223.0 sq.m. Minimum Parking Spaces Required none 2. R1-02 (11 Kirkland Ave, Swastika; Lot 75, Plan M-35T, Parcel 2384 CST; By-Law No. 14-085) Notwithstanding the provisions of Section 10.3 of this By-law to the contrary, the lands zoned R1-2 may be used in accordance with the following provision: Maximum Lot Coverage 39.0 percent Minimum Front Yard 0.0 metres Minimum Rear Yard 2.0 metres 3. R1-03 (74 Second Street; Plan M-64T, Parcel 2251 CST; By-law No. 17-127) Notwithstanding the provisions of Section 10.3 of this By-law to the contrary, the lands zoned R1-3 may be used in accordance with the following provisions: Minimum Front Yard 0.0 metres Minimum Interior Side Yard (northeastern property line) 0.0 metres 4. R1-04 (Southwest Corner of George and Queen Streets; PT MC 16633, PT MC L2757, Plan 54R6009 Pts 1 & 2; By-law No. 18-019) Notwithstanding the provisions of Section 10.3 of this By-law to the contrary, the lands zoned R1-4 may be used in accordance with the following provisions: Minimum Lot Frontage 9.3 metres 43 ZONING BY-LAW 21-032 SECTION 11: RESIDENTIAL MEDIUM DENSITY (R2) ZONE 11.1 In the "Residential Medium Density (R2)" zone, no person shall use any land, building or structure, or erect any building or structure, except in conformity with the following provisions. 11.2 Permitted Uses Townhouse Dwelling Triplex Dwelling Quadraplex Dwelling Grouped Dwellings Child care centre, in accordance with the "Residential Low Density (R1)" zone provisions Educational Establishment, in accordance with the "Institutional (I)" zone provisions Park Group Home, in accordance with the "Residential Low Density (R1)" zone provisions Accessory Uses 11.3 Any construction, development or redevelopment shall be in conformance with the following requirements: Use Triplex Dwelling Quadraplex Dwelling Townhouse Dwelling Grouped Dwellings Minimum Lot Area 555.0 square metres 600.0 square metres 190.0 square metres per dwelling unit 1,115.0 square metres; plus 93.0 square metres for each dwelling unit over six Minimum Lot Frontage 18.0 metres 24.0 metres 5.0 metres per dwelling unit 30.0 metres Maximum Height 10.5 metres Maximum Lot Coverage 45.0 percent 50.0 percent Minimum Front Yard 6.0 metres 7.5 metres Minimum Interior Side Yard 3.0 metres Minimum Exterior Side Yard 3.0 metres Minimum Rear Yard 7.5 metres Minimum Clear Distance Between Main Buildings - - 6.0 metres 11.4 SPECIAL EXCEPTION ZONES 1. R2-01 (57 Prospect Avenue; PLAN M96T, North Part of Lot 20, PCL 5250 CST; By-law No. 13-011) Notwithstanding the Provisions from Sections 11 and 8.2 of this By-law to the contrary, the lands zoned R2- 01 may be used in accordance with the following provisions: Minimum Parking Spaces Required none The building as it currently sits shall be recognized as legal non-complying. ZONING BY-LAW 21-032 44 SECTION 12: RESIDENTIAL HIGH DENSITY (R3) ZONE 12.1 In the "Residential High Density (R3)" zone, no person shall use any land, building or structure, or erect any building or structure, except in conformity with the following provisions. 12.2 Permitted Uses Apartment Dwelling Quadraplex Townhouse Boarding House Grouped Dwellings, in accordance with the "Residential Medium Density (R2)" zone provisions Group Home, in accordance with the "Residential Low Density (R1)" zone provisions Child care centre, in accordance with the "Residential Low Density (R1)" zone provisions Educational Institution, in accordance with "Institutional (I)" zone provisions Park Accessory Uses 12.3 Any construction, development or redevelopment shall be in conformance with the following requirements: Use Apartment Dwellings Boarding, Lodging or Rooming House Quadraplex Dwelling Townhouse Dwelling Minimum Lot Area 750.0 square metres; plus 150.0 square metres for each additional dwelling over five 555.0 squared metres 600.0 square metres 190.0 square metres per dwelling unit Minimum Lot Frontage 24.0 metres 11.0 metres 24.0 metres 5.0 metres per dwelling unit Maximum Height 30.0 metres 10.5 metres 10.5 metres 10.5 metres Maximum Lot Coverage 50.0 percent 45.0 percent 45.0 percent 50.0 percent Minimum Front Yard 6.0 metres or half the height of the main building, whichever is greater 6.0 metres 6.0 metres 7.5 metres Minimum Interior and Exterior Side Yard 3.0 metres or half the height of the main building, whichever is greater 1.2 metres (additional 0.6 metres for each storey) 3.0 metres 3.0 metres Minimum Rear Yard 9.0 metres 3.0 metres 7.5 metres 7.5 metres Minimum Clear Distance between Main Buildings 6.0 metres 7.5 metres 12.4 Vegetative Buffer/Planting Strips 1. A vegetative buffer/planting strip or a fence shall be provided on or near any property line where the "Residential High Density (R3)" zone property abuts upon a "Low Density Residential (R1)" property. The vegetative buffer/planting strip or fence shall be provided in accordance with the following regulations: 45 ZONING BY-LAW 21-032 (a) Such planting strips shall be contained within the zone for which it is a requirement, and shall run the entire length of the property line or lines separating it from the abutting the "Low Density residential (R1)" zone except that no planting strip shall be located between the street line and the building line in such a manner or of such a height as to obscure the vision of the operator or a motor vehicle traveling on a public street and in no case shall this By-law require the placing of a planting trip across that part of a lot which abuts upon a public street. (b) Such planting strips shall consist of a continuous unpierced planting or suitable trees or shrubs which shall be healthy plants of a type suitable to soil and atmospheric conditions of the area and shall be maintained at an ultimate height of not less than 1.5 metres. (c) Such planting strips shall have a width throughout of not less than 1.0 metres. (d) Such planting strips shall be planted within one calendar year from the date of occupation of the high-density residential use or as otherwise provided by site plan control. 12.5 SPECIAL EXCEPTION ZONE 1. R3-01 (11 Station Road; MCL 1635 PT PCL 12151 CST; By-law No. 12-025) Notwithstanding the provisions of Section 8.2 of this By-law to the contrary, the lands zoned R3-01 may be used in accordance with the following provision: Minimum parking spaces required 5 2. R3-02 (26 Hudson Bay Avenue; Lot 45, Plan M-96T, Parcel 2731 CST; By-law No. 16-044) Notwithstanding the provisions of Section 12.3 of this By-law to the contrary, the lands zoned R3-02 may be used in accordance with the following provisions: Minimum Lot Area 445.9 square metres Minimum Lot Frontage 12.1 metres Minimum Front Yard for Main 3.0 metres Minimum Front Yard for Balcony 0.5 metres Minimum Front Yard for Deck 0.5 Minimum Side Yard (west Side) 0.7 metres Minimum Side Yard (east side) 2.5 metres Additional Requirements: Parking requirements be satisfied on land located at 38 Hudson Bay Ave is identified in the Site Plan Control Agreement. 3. R3-03 (51 Fourth St, PCL 9169 SEC CST PT MINING LOCATION L2728 TECK SRO PT 1 TER934; EXCEPT SRO PT 3 54R3085 AS IN LT256324) Notwithstanding the provisions of Section 12.2 of this By-law to the contrary, the lands zoned R3-03 may be used in accordance with the following provisions:  Apartment Dwelling  Day Nursery  Educational Institution  Grouped Apartment Dwellings  Grouped Dwellings  Park  Quadraplex  Townhouse Dwelling Any construction, development or redevelopment shall be in conformance with the following requirements: Use Apartment Triplex Quadraplex Townhouse Grouped Dwellings Dwelling Dwelling Dwelling Dwelling ZONING BY-LAW 21-032 46 Minimum Lot Area 750.0 square metres; plus 150.0 square metres for each dwelling over five 555.0 square metres 600.0 square metres 190.0 square metres per dwelling unit 1,115.0 square metres; plus 93.0 square metres for each dwelling unit over six Minimum Lot Frontage 24.0 metres 18.0 metres 24.0 metres 5.0 metres per dwelling unit 30.0 metres Maximum Height 30.0 metres 10.5 metres Maximum Lot Coverage 50.0 percent 45.0 percent 50.0 percent Minimum Front Yard 6.0 metres or half the height of the main building, whichever is greater 6.0 metres 7.5 metres 6.0 metres or half the height of the main building, whichever is greater Minimum Interior and Exterior Side Yard 3.0 metres of half the height of the main building, whichever is greater 3.0 metres 3.0 metres or half the height of the main building, whichever is greater Minimum Rear Yard 9.0 metres 7.5 metres Minimum Clear Distance Between Main Buildings - 6.0 metres 47 ZONING BY-LAW 21-032 SECTION 13: RESIDENTIAL MOBILE HOME (RMH) ZONE 13.1 In the "Residential Mobile Home (RMH)" zone, no person shall use any land, building or structure, or erect any building or structure, except in conformity with the following provisions. 13.2 Permitted Uses Mobile Home Dwellings Accessory uses to mobile home parks shall be deemed to include a mobile home park office, maintenance equipment storage for such items used in the operation and maintenance of the mobile home park, retail convenience, laundry and personal goods storage, but shall not be deemed to include any sales office or service repair facility for mobile homes. 13.3 Any construction, development or redevelopment shall be in conformance with the following requirements: Use Mobile Home Site Mobile Home Park Minimum Lot Area 370.0 square metres 4.0 hectares Minimum Lot Frontage 12.0 metres 120.0 metres Minimum Front Yard 7.0 metres 15.0 metres Minimum Exterior and Interior Side Yard 3.0 metres 15.0 metres Minimum Rear Yard 5.0 metres 15.0 metres Maximum Height 7.5 metres N/A Maximum Lot Coverage 25.0 percent N/A Maximum Width of Interior Street Right-of-Ways N/A 20 metres 13.4 General Regulations Regarding Mobile Home Parks 1. Every mobile home park shall have, immediately within its boundaries, a buffer area of at least 15.0 metres in depth in which no lots, buildings or structures shall be permitted. 2. In addition to any other applicable access regulations required by this By-law, the minimum distance between the nearest side of any access to any mobile home park and the nearest intersection of street lines shall be 60.0 metres. 3. Except for permitted or required openings such as points of access, any required yard for any mobile home park shall be appropriately landscaped through the retention of existing natural vegetation where such vegetation consists of trees and bushes, or by providing vegetation comprised of lawn and ornamental shrubs. Where landscaping is provided, such requirements shall not be deemed to limit the provision of flowers and trees or the provision of paths, walkways or patios. This provision shall not exempt any person from providing any other required open space in the form of parks or playgrounds. 4. Any mobile home which does not contain a flush toilet and a bath or shower shall not be permitted in any "Residential Mobile Home (RMH)" zone. 13.5 General Regulations Regarding Mobile Home Sites 1. Each mobile home shall, within thirty (30) days of being located on a lot, be provided with skirting extending from the bottom of the unit to the ground, having a readily accessible removable panel of not less than 1.0 metre wide and 0.6 metres high, giving access to the service connection. All skirting shall be finished with an acceptable protective coating or prefinished so that the design and construction will complement the main structure. ZONING BY-LAW 21-032 48 (a) No advertising sign or other device shall be allowed within a mobile home park except a single sign at or near any access point to the mobile home park advertising the park provided, however, that the sign area of any sign does not exceed 2.5 square metres for a single faced sign and 5.5 square metres in total sign area. 49 ZONING BY-LAW 21-032 SECTION 14: COMMERCIAL ZONES 14.1 Motor Vehicle Service Stations and Gas Bars 1. The requirements for service stations and gas bars are as follows: (a) No portion of any pump island shall be located closer than 6.0 metres from any street line. (b) The maximum width of a ramp or access driveway to a service station shall be 11.0 metres. (c) Access to a service station shall be limited to two (2) in number, except for service stations located on a corner lot, in which case three (3) points of access shall be permitted. (d) Access will only be permitted from a collector or arterial road. (e) A curb or similar physical barrier shall be provided extending continuously between any permitted access points. Such a curb or physical barrier shall be non-mountable so as to prevent vehicular access between defined points of access. 14.2 Accessory Dwelling Units 1. The minimum floor area for permitted accessory dwelling units in any commercial zone shall be as follows: Unit Type Minimum Floor Area Bachelor/Studio 37.0 square metres 1 Bedroom 37.0 square metres 2 Bedrooms 46.0 square metres 3 Bedrooms 65.0 square metres 4 Bedrooms 93.0 square metres 14.3 Fences 1. Where a fence is provided for, or is required to be provided for by this By-law, such fence shall not exceed 2.5 metres in height in any Commercial zone. 2. A fence shall be required in the rear and/or interior side yards when the commercial use abuts any residential zone. Such fence shall be constructed of such material as is necessary to impose a visual barrier between the commercial and any adjacent residential zones. 3. In no case shall a fence be permitted in the Front Yard or Exterior Side Yard, except under agreement with the Town. 14.4 Requirements for Open Storage or Outdoor Display 1. No "Open Storage or Outdoor Display" are permitted in the following Commercial Zones (a) "Neighbourhood Commercial (C3)" zone 2. The following requirements shall apply to open storage and outdoor displays: (a) No open storage shall be permitted within any front yard of a lot. (b) No open storage or outdoor display shall be located closer than 3.0 metres from any lot line. (c) No open storage or outdoor display shall be permitted in an abutting yard where a commercial zone abuts any residential zone, unless the yard is adequately screened from adjacent residential properties by an appropriate vegetative buffer or fence. (d) The area devoted to open storage or outdoor display shall not exceed 50.0 percent of the total lot area. 14.5 Parking 1. Where parking is required, except for the "Town Centre Commercial (C1)" "Neighbourhood Commercial (C3)" zone: (a) The parking and circulation areas shall be paved or asphalted; (b) The parking spaces for motor vehicles shall be demarcated and maintained as such; (c) Circulation aisles shall have a minimum width of 6.5 metres; (d) No parking space shall be located within 6.0 metres of any lot line abutting any residential zone; (e) A barrier curb or other physical barriers shall be provided so as to prevent vehicular access except between defined access points; and ZONING BY-LAW 21-032 50 (f) All applicable provisions of Section 8 of this By-law shall be deemed to apply in additional to the above provisions. 14.6 Access 1. A suitable physical barrier between required points of access shall be provided to prevent any vehicular access by motor vehicles between points of access. 2. Ingress and egress must be clearly delineated with illuminated entrance or exit signs and suitable pavement markings where ingress and egress are not divided by boulevards. 3. Those areas of the "Town Centre Commercial (C1)" zone located within Registered Plans No. M-15, M-32 and M-98 shall be exempt from access requirements. 51 ZONING BY-LAW 21-032 SECTION 15: TOWN CENTRE COMMERCIAL (C1) ZONE 15.1 In the "Town Centre Commercial (C1)" zone, no person shall use any land, building or structure, or erect any building or structure, except in conformity with the following provisions. 15.2 Permitted Uses Bus Depot Commercial Entertainment Confectionary and Variety Shops Child care centre Dwelling Units, above the first storey only Financial Establishment Funeral Home, plus caretaker's unit Health Services Hotels and Motels, plus caretaker's unit Laundromat Libraries Liquor or Beer Outlets Market Place Motor Vehicle Body Shop Motor Vehicle Dealership Motor Vehicle Gas bars Motor Vehicle Rentals Motor Vehicle Repair Shop Motor Vehicle Service Stations Museums Parking Lots Parks Personal Services Photography Studios and Artist Studios Places of Assembly Places of Worship Prepared Food Stores Post Office Printing Establishment Professional or Administrative Office Repair Shops Restaurants and Taverns Retail Stores Taxi Stand Veterinary Establishment 15.3 Permitted Accessory Uses Accessory Dwelling Unit, located at the rear or above a permitted commercial use 15.4 Any construction, development or redevelopment shall be in conformance with the following requirements: Service Station Gas bar All Other Uses Minimum Lot Area 1,860 square metres 1,400 square metres 555.0 square metres Minimum Lot Frontage 38.0 metres 30.0 metres 18.0 metres Minimum Front Yard 15.0 metres N/A except that setback shall be 3.5 metres where a C1 zone abuts a residential zone Minimum Side Yard 6.0 metres 15.0 metres when pumps are located within side yard N/A; except that setback shall be 3.5 metres where a C1 zone abuts a residential zone Minimum Rear Yard 9.0 metres 7.5 metres Maximum Height 10.5 metres 30.0 metres Maximum Lot Coverage 50.0 percent 75.0 percent Maximum Dwelling Units none N/A 15.5 Parking Exemption Despite the requirements of Section 9, to the contrary in the off-street parking regulations shall be exempted for those areas of the "Town Centre Commercial (C1)" zone located within Registered Plans No. M-15, M-32 and M-98 respectively, except that one (1) parking space shall be provided for each dwelling unit within the "Town Centre Commercial (C1)" zone, and parking spaces for hotels and motels shall be in accordance with Section 8. ZONING BY-LAW 21-032 52 15.6 SPECIAL EXCEPTION ZONES C1-01 (50 Government Road West; Part Mining Claim L2566, Parcels 5117 and 4952; By-Law No. 17-034) Notwithstanding the provisions of Section 15.2.1 of this By-law to the contrary, the lands zoned C1-02- may be used in accordance with the following provision: - residential uses permitted on the main floor of the building C1-02 (145 Government Road West; Part Mining Claim L1557, TER297, Part 31, Parcel 9893 CST; By-law No. 17-042) Notwithstanding the provisions of Sections 9.2 and 9.3 of this By-law to the contrary, the lands zoned C1-03 may be used in accordance with the following provisions: Maximum parking spaces required 67 Maximum accessible parking spaces required 6 C1-03 (1 Duncan Ave North; MC L1829PT BG RP TER 384, Part 24, RP TER625, Part 1, RP 54R-1476, Parts 1,2,4, Parcels 9954, 10056, 10898, 10947CST; By-law No. 19-061) Notwithstanding the provisions of Section 8.3 of this By-law to the contrary, the lands zoned C1-04 may be used in accordance with the following provisions: Minimum accessible parking spaces required 1 C1-04 (36/38 Prospect Avenue; Lots 170, 171, Plan M-15T, Parcels 2828, 962 CST; By-law No. 19-081) Notwithstanding the provisions of Section 15.2.1 of this By-law to the contrary, the lands zoned C1-4 may be used in accordance with the following provisions: - Residential units on main floor are permitted, so long as a commercial use(s) are maintained on the property. 53 ZONING BY-LAW 21-032 SECTION 16: SHOPPING CENTRE AND HIGHWAY COMMERCIAL (C2) ZONE 16.1 In the "Shopping Centre Commercial (C2)" zone, no person shall use any land, building or structure, or erect any building or structure, except in conformity with the following provisions. 16.2 Permitted Uses Accessory Dwelling Unit Confectionary and Variety Stores Conference Centre Commercial Entertainment Contractor's Establishment Exhibition Building Fairground Financial Establishments Funeral Homes, Caretaker's Unit Garden Centre and Nursery Health Services Heavy Equipment Sales and Services Hotels and Motels, plus caretaker's unit Laundromat Libraries Liquor or Beer Outlets Market Place Motor Vehicle Body Shops Motor Vehicle Dealership Motor Vehicle Gas Bars Motor Vehicle Repair Shop Motor Vehicle Service Station Museums Parking Lots Personal Services Photography Studios and Artist Studios Places of Worship Post Office Prepared Food Store Printing Establishment Professional or Administrative Offices Recreational Vehicles, Repairing and Sales Repair Shop Restaurants and Taverns Retail Stores and Warehousing Service Stations and Gas Bars Taxi Stand 16.3 Permitted Accessory uses Accessory Dwelling Unit, located at the rear or above a permitted commercial use 16.4 Any construction, development or redevelopment shall be in conformance with the following requirements: Use Service Station Gas bar All Other Uses Minimum Lot Area 1,860 square metres 1,400 square metres 1,400 square metres Minimum Lot Frontage 38.0 metres 30.0 metres 46.0 metres Minimum Front Yard 15.0 metres 15.0 metres Minimum Interior Side Yard 6.0 metres 15.0 metres when pumps are located within side yard 5 metres Minimum Exterior Side Yard 12.0 metres Minimum Rear Yard 7.5 metres Maximum Height 10.5 metres 10.5 metres Maximum Lot Coverage 50.0 percent 50.0 percent Maximum Dwelling Units none n/a ZONING BY-LAW 21-032 54 16.5 General Regulations regarding Access Up to two access points shall be provided, but not more than two access points shall be permitted to any one public road. The minimum distance between each point of access shall be 18.0 metres and 46.0 metres for each lot with a lot area greater than 4.0 hectares. Where only one access point is provided, the width of the access point shall be no less than 7.5 metres and no more than 9.0 metres. Where two access points are provided, the width of the access points shall be no less than 5.0 metres and no more than 5.5 metres No access points shall be located closer than 9.0 metres from the nearest interior side lot line. No access point shall be located closer than 18.0 metres from the nearest intersection. The nearest distance between two access points shall not be less than 18.0 metres. The minimum width of a two-way point of access shall be 11.0 metres and if ingress ways are divided, each ingress and egress shall have a minimum width of 5.5 metres. 16.6 SPECIAL EXCEPTION ZONES C2-01 In addition to the uses permitted in 16.2, the following uses are permitted in the C2-1 Zone: Bus depot; and Places of Assembly. Any construction, development or redevelopment in the C2-1 Zone shall be in conformance with the following requirements: - Service stations and gas bars shall comply with the provisions of the C2 Zone. - All other uses shall be in conformance with the following requirements: Minimum Front Yard 15.0 metres Minimum Side Yard 5.0 metres or 15.0 metres where abutting a Residential Zone Minimum Rear Yard 7.5 metres or 15.0 metres where abutting a Residential Zone C2-02 (Mining Claim L16635, Plan TER-685, Parts 36 to 38, Parcel 9669 CST, Township of Teck; By-law No. 13-063) Notwithstanding the provisions of Section 16.2 of this By-law to the contrary, the lands zoned C2-2 permits the following uses: Triplexes, Quadraplexes, Townhouses, Apartment Buildings, Grouped Dwellings, and Residential units above the first storey of commercial establishment in addition to the C2 Zone permitted uses, in accordance with the following provisions: - Service stations, gas bars, and all other commercial uses shall comply with the provisions of the C2 Zone. - Residential uses shall be in conformance with the following provisions: Use Apartment Dwellings Triplex Quadraplex Townhous e Dwelling Grouped Dwellings 750.0 square 1115.0 square Minimum metres + 150.0 square 555.0 0.0 square 190.0 metres + 93.0 square Lot Area metres for each dwelling unit square metres metres square metres metres for each dwelling over 5 unit over 6 Minimum Lot Frontage 24.0 metres 18.0 metres 24.0 metres 5.0 metres / dwelling unit 30.0 metres Minimum Front Yard 30.0 metres 10.5 metres 55 ZONING BY-LAW 21-032 - No residential development, unless above the first storey or a commercial establishment, shall occur within 60.0 metres of Government Road West. This area is identified for commercial development only. The maximum lot coverage used to calculate the residential portion of development shall not include the area identified for commercial development. - A visual buffer (fence of vegetation) shall be required when a commercial use abuts any residential uses C2-03 (175 Government Road West, Part of 54R-3429) Notwithstanding the provisions of Section 16.3 of this By-law to the contrary the lands zoned C2-03 may be used in accordance with the following provision: Minimum Lot Frontage 43.0 metres Minimum Side Yard 3.0 metres; half height of building 3.0 metres 3.0 metres; half height of building Minimum Rear Yard 9.0 metres 7.5 metres Maximum Height 30.0 metres 10.5 metres Maximum Lot Coverage 50.0 percent 45.0 percent 50.0 percent Minimum Clearance Between Buildings 6.0 metres ZONING BY-LAW 21-032 56 SECTION 17: NEIGHBOURHOOD COMMERCIAL (C3) ZONE 17.1 In the "Neighbourhood Commercial (C3)" zone, no person shall use any land, building or structure, or erect any building or structure, except in conformity with the following provisions. 17.2 Permitted Uses Confectionary and Variety Store Dwelling Unit, Accessory Only Financial establishment Health Services Liquor or Beer Outlets Laundromat Motor Vehicle Gas Bars Motor Vehicle Service Station Pet Daycare Services Personal Services Post Office Prepared Food Store Professional or Administrative Offices Repair Shop Restaurants and Taverns Retail Stores 17.3 Any construction, development or redevelopment shall be in conformance with the following requirements: Use Service Station and Gas Bar All Other Uses Minimum Lot Area 1,860 square metres 460.0 square metres Minimum Lot Frontage 38.0 metres 12.0 metres Minimum Front Yard 15.0 metres 6.0 metres Minimum Side Yard 6.0 metres 2.0 metres Minimum Rear Yard 7.5 metres Maximum Height 10.5 metres 10.5 metres Maximum Lot Coverage 50.0 percent 35.0 percent The gross leasable floor area used for serving the public or for selling or displaying to the public in a confectionary store in the "Neighbourhood Commercial (C3)" zone shall not be less than 37.0 square metres or more than 225.0 square metres. 17.4 Parking 1. Parking may be permitted in a required front yard in a "Neighbourhood Commercial (C3)" zone. 2. Any parking area required in the "Neighbourhood Commercial (C3)" zone shall be constructed on a permanent hard surface such as asphalt or concrete. 17.5 Signs 1. Signs shall be permitted on any storefront façade which faces onto a street provided that the total sign area shall not exceed 10.0 percent of each respective street frontage for any first storey. 2. Signs shall not be permitted on the façade of any second or higher storey. 57 ZONING BY-LAW 21-032 3. Projecting wall signs shall be permitted in combination with facia walls signs subject to the regulations in Section 8 of this By-law. 17.6 Pet Daycare Service In addition to the requirements of the "Neighbourhood Commercial (C3)" zone, the following provisions shall apply: (a) A pet daycare service shall be located inside of a structure. No outdoor animal boarding facilities shall be permitted. (b) Outdoor yards shall be allowed for the purpose of exercising animals. Those yards are to be enclosed by 2.5 metre walls of sound-attenuating fencing. The yard may be required to be setback, landscaped or designed to further buffer neighbouring properties. (c) The maximum number of animals shall be 1 per 4.6 square metres to a maximum of five (5). 17.7 SPECIAL EXCEPTION ZONES C3-01 (57 Duncan Avenue/1 Hudson Bay Avenue) In the "Neighbourhood Commercial Special (C3-01)" zone, no person shall use any land, building or structure or erect any building or structure, except in conformity with the following provisions. - The only permitted uses shall be: Apartments, Three (3) Confectionary and Variety Stores Dwelling Unit, Accessory Only Health Services Laundromat Personal Services Prepared Food Store Repair Shops Restaurants and Taverns Retail Store - Any construction, development or redevelopment in the C3-01 Zone shall be in conformance with the following requirements: Use All Permitted Uses Minimum Lot Area 410.0 square metres Minimum Lot Frontage 12.0 metres Minimum Front Yard 0.4 metres Minimum Rear Yard 2.5 metres Minimum Side Yard 0.0 metres Maximum Height 10.5 metres Maximum Lot Coverage 39.0 percent - The maximum floor area for retail clothing to be 30.0 square metres. - The nearest side of any point of access to the parking space to be 13.0 metres from the nearest intersection of any street lines. - In the event that the existing building is destroyed by fire or demolished, the zone requirements of the C3 Zone shall apply. C3-02 (128 Woods St) Notwithstanding the provisions of Section 17.2 of this By-law to the contrary, the lands zoned C3-02 may be used in accordance with the following provision: - Educational Institution ZONING BY-LAW 21-032 58 SECTION 18: INDUSTRIAL ZONES 18.1 Access 1. A maximum of two (2) access points to any industrial establishment from any public road shall be permitted. A barrier curb or physical barrier between access roads shall be provided so as to prevent vehicular access between defined access points. 2. Access points shall have a maximum width of 9.0 metres. 3. Access points shall be located a minimum of 15.0 metres from the nearest intersection of street lines. 18.2 Outdoor Display and Outdoor Storage 1. Where a portion of the lot is to be used for open storage or outdoor display within any "Light Industrial" zone or the Heavy Industrial zone the following requirements shall apply: (a) The area devoted to open storage or outdoor display shall not exceed 50.0 percent of the total lot area. (b) No open storage shall be permitted within any front yard of a lot. (c) No outdoor display on any required front yard shall be located closer than 5.0 metres from the front lot line. The area devoted to an outdoor display shall not exceed 50.0 percent of the total area of the front yard. (d) No open storage or outdoor display shall be permitted in an abutting yard where an industrial zone abuts any residential zone unless the abutting yard in is adequately screened from adjacent residential properties by a vegetative buffer/planting strip, or a fence. 18.3 Landscaping 1. Any required front yard of any industrial use shall be completely sodded as a minimum requirement for landscaping, except for provision of access driveways, as required by this By-law. 18.4 Ancillary Uses 1. All accessory uses, including building and structures and all ancillary uses including outdoor storage, outdoor display and truck movements associated with loading and turning shall be accommodated on the lot. 18.5 Vegetative Buffer/Planting Strips A vegetative buffer/planting strip or a fence shall be provided on or near any property line where the industrial property abuts upon a residential property in any residential zone. The vegetative buffer/planting strip or fence shall be provided in accordance with the following regulations: (a) Such planting strips shall be contained within the zone for which it is a requirement, and shall run the entire length of the property line or lines separating it from the abutting residential zone except that no planting strip shall be located between the street line and the building line in such a manner or of such a height as to obscure the vision of the operator or a motor vehicle traveling on a public street and in no case shall this By- law require the placing of a planting trip across that part of a lot which abuts upon a public street. (b) Such planting strips shall consist of a continuous unpierced planting or suitable trees or shrubs which shall be healthy plants of a type suitable to soil and atmospheric conditions of the area and shall be maintained at an ultimate height of not less than 2.5 metres. (c) Such planting strips shall have a width throughout of not less than 1.5 metres. (d) Such planting strips shall be planted and maintained by the owner or owners of the land on which the planting strips are located. (e) Such planting strips shall be planted within one calendar year from the date of occupation of the industrial establishment or as otherwise provided by site plan control. 59 ZONING BY-LAW 21-032 18.6 Fence 1. Such fence shall have a minimum height of 2.5 metres. 2. Such fence shall be constructed of such material as is necessary to impose a visual barrier between the industrial and any adjacent residential, commercial or institutional zone. 3. Such fence shall be contained within a zone for which it is a requirement and shall run the entire length of the property line or lines separating it from the abutting residential, commercial or institutional zone except that no fence shall be located between the street line and the building line in such a manner or of such a height to obscure the vision of the operator of a motor vehicle traveling on a public street and in no case shall this By-law require the placing of a fence across that part of a lot which abuts upon a public street. 4. Such fence shall be erected within nine (9) months from the date of occupation of the industrial establishment or as otherwise provided by a site development agreement. 5. The outside facing of the fence shall face the residential, commercial or institutional property on the abutting property. 18.7 Environmental Protection 1. In the Light Industrial (M1-03) Zone and The Heavy Industrial (M2) Zone no construction permit shall be issued for a proposed construction, expansion, enlargement or alteration where the use has not established, or intends to establish, a program for pollution abatement or environmental protection arising out of any operation that is part of or incidental to the use. ZONING BY-LAW 21-032 60 SECTION 19: LIGHT INDUSTRIAL (M1) ZONE 19.1 In the "Light Industrial (M1)" zone, no person shall use any land, building or structure, or erect any building or structure except in conformity with the following provisions. 19.2 Permitted Uses Any manufacturing, compounding, assembly, processing, packaging or warehousing operation conducted and wholly contained within an enclosed building and which is not considered obnoxious by reason of sound, odour, dust, fumes or smoke, or other obnoxious emissions or refuse matter or water carried waste or by reason of unsightly open storage or detonation of explosions. Any activity connected with the automotive trade except an automobile scrap or salvage yard, and an automobile or motorcycle race track or course. Building Supplies Outlet Commercial Equipment Rentals Contractor's Establishment Dairies Heavy Equipment, Sales and Services Laboratories Manufacturing, Food, Furniture or Monuments Metal Products Factory Motor Vehicle Repair Shop Recreational Vehicles, Repairing and Sales Petroleum, Bulk, Sale and Storage Plant Railway Yards Repair Shops Self Storage Facility Storage of Equipment for House Mover's and Paving Contractors Warehouses Wholesale One (1) apartment unit shall be permitted for an essential worker, owner/operator or caretaker within the main building. 19.2.1 Permitted Accessory uses Cafeterias and Showrooms Professional or Administrative Offices Retail Stores Restaurants and Taverns 19.3 Any construction, development or redevelopment shall be in conformance with the following requirements: Use All Permitted Uses Minimum Lot Area 1,400.0 square metres Minimum Lot Frontage 30.0 metres Minimum Front Yard 9.0 metres Minimum Side Yard2 5.0 metres Minimum Rear Yard3 7.5 metres Maximum Height 16.5 metres Maximum Lot Coverage 60.0 percent 2 Where a side yard of a "Light Industrial (M1)" zone abuts yards with any residential, institutional or commercial zone, the side yard shall be increased to 9.0 metres. 3 Where a rear yard of a "Light Industrial (M1)" zone abuts yards with any residential, institutional or commercial zone, the rear yard shall be increased to 12.0 metres. 61 ZONING BY-LAW 21-032 19.4 SPECIAL EXCEPTION ZONES M1-01 In addition to the uses permitted under Section 19.2, the following uses are permitted in the "Light Industrial Special (M1-01)" zone: - Head Frame - Hoist room - Maintenance Building M1-02 The provisions of Section 19, as amended, shall apply to the "Light Industrial Special (M1-02)" zone subject to the following modifications. Notwithstanding Section 19, Subsection 2, the only permitted uses shall be: - Compressor Building - Dry House - Hoist room - Head frame - Maintenance Building - Shaft House - Storage Buildings Notwithstanding the requirements of Section 8 and 18: (a) The existing buildings shall be allowed and shall not be enlarged or structurally altered unless a Site Plan Agreement is entered into with the Town of Kirkland Lake; (b) A minimum of thirty (30) parking spaces shall be provided; (c) A group of buildings will be allowed; and (d) A security chain link fence with a minimum height of 2.0 metres is required. M1-03 In the "Light Industrial (M1)" zone, no person shall use any land, building or structure, or erect any building or structure except in conformity with the following provisions: - The crushing, manufacturing or processing of granular materials is not permitted. M1-04 In the "Light Industrial (M1-04)" zone, no person shall use any land, building or structure, or erect any building or structure except in conformity with the following provisions. In addition to the uses permitted in Section 19.2, the following uses are permitted: - Animal Boarding Kennel Permitted Accessory Uses for Animal Boarding Kennel - Pet Daycare Service - Veterinary Establishment - Obedience Training - Animal Grooming and Spa Facility - Pet Supply Store Additional Requirements for Animal Boarding Kennels: - The owner shall be responsible for following the regulations and guidelines found under the Animal Boarding Kennel Business Licensing By-law. - Sound attenuating building material must be used in order to reduce noise complaints from nearby residents - Fencing must be constructed in a manner that will discourage the potential for animal escape. ZONING BY-LAW 21-032 62 Minimum Front Yard 5.0 metres Minimum Side Yard 6.0 metres Minimum Rear Yard 5.0 metres M1-05 (Mining Claim 2903 (Archer Drive) Notwithstanding the provisions of this by-law to the contrary, on the lands zoned M1-05 a fence with a maximum height of 3.7 metres for a distance of 18.0 metres from the most easterly point of Part 3, TER 320 and measured westerly along the southerly side of the property shall be required. The residential dwelling use is allowed to remain. 63 ZONING BY-LAW 21-032 SECTION 20: HEAVY INDUSTRIAL (M2) ZONE 20.1 In the "Heavy Industrial (M2)" zone, no person shall use any land, building or structure, or erect any building or structure, except in conformity with the following provisions. 20.2 Permitted Uses Asphalt and Asphalt Products Processing Blast Furnaces Explosive Manufacturing, Storage and Distribution Gas, Bottled Manufacturing and Storage Machining Metal Products Factory Paint and Varnish, Bulk, Storage, Warehouse Pulp and Paper Manufacturing Saw Mill and Lumber Mill Salvage Yard Septic Tanks, Servicing, Cleaning, Equipment Yard Wood Processing Industries, Manufacturing, Preserving, Treatment Industries in which the operation of such uses may be offensive because of heat, odour, heavy transportation requirement, or largescale operations not enclosed in buildings, and may include manufacturing, repair workshops and bulk storage of goods. Office, retail establishments, restaurants and cafeterias, and recreational facilities, but only when these are accessory to a use permitted within the "Heavy Industrial (M2)" zone. Accessory uses and structures including administrative offices, retail and wholesale outlets and showrooms, but only when these uses are accessory to the above permitted uses. 20.3 Any construction, development or redevelopment shall be in conformance with the following requirements: Use All Permitted Uses Minimum Lot Area 1,400 square metres Minimum Clear Distance of Any Building from Any Lot Line 15.0 metres Maximum Lot Coverage 50.0 percent Maximum Height of Building N/A 20.4 Prohibited Uses 1. No industrial building or park thereof shall be used for any purpose of which its nature or the materials used therein is under the Health Protection and Promotion Act, R.S.O. 1990, Chapter H.7, as amended, or regulations there under, declared to be a noxious trade, business or manufacturer. 2. In a "Heavy Industrial (M2)" zone, no construction permits shall be issued for any permitted uses where the municipal sewer and water are not available. ZONING BY-LAW 21-032 64 SECTION 21: MINING INDUSTRIAL (MM) ZONE 21.1 In the "Mining Industrial (MM)" zone, no person shall use any land, building or structure, or erect any building or structure except in conformity with the following provisions. 21.2 Permitted Uses Blast Furnaces Extrusions Shapes, Galvanizing Forge Plants Foundries Heavy Casting, Primary Processing Metals, Bulk Metal, Processing and Casting Mineral Extraction Mineral Processing Ore Reduction and Foundries Pits and Quarries Processing of Raw Materials extracted from the ground 21.3 Any construction, development or redevelopment shall be in conformance with the following requirements: Use All Permitted Uses Minimum Lot Area N/A Minimum Lot Frontage N/A Minimum Front Yard 100.0 metres Minimum Side Yard 100.0 metres Minimum Rear Yard 100.0 metres Maximum Lot Coverage 80.0 percent Maximum Height N/A 21.4 Pits and Quarries 1. A buffer zone shall be established between any pit and quarry operation and any abutting residential or commercial zone, or any adjacent public highway. 2. Such buffer zones shall have a minimum width of 7.5 metres, and shall run continuously along a lot line or otherwise so as to visually obscure any pit or quarry, and bulk storage of aggregate or soil cover or any machinery used in the operation of the pit or quarry from any abutting residential or commercial zone or adjacent public highway. 3. Such buffer shall consist of natural vegetation or planted trees, bushes or sodded or grassed berm of any combination thereof subject to the following: (a) Where natural vegetation constitutes the buffer, such vegetation shall consist of trees or bushes or both and which is of such a density or vegetative cover as to completely hide any evidence of a pit or quarry operation. Such buffer not meeting this requirement may be supplemented with trees or bushes to provide for the required obscuring. (b) Where the vegetative cover is planted, trees or bushes or a combination of both shall be provided such that the minimum height of any tree or bush at planting is 2.5 metres and such that the density or vegetative cover effectively visually obscures the pit or quarry operation when observed from the opposite side of the buffer. (c) Where the buffer consists of a berm, the berm may be constituted by soil, earth or rock cover with earth and which such berm shall be completely sodded or grassed so as to prevent the raising or dust and soil particles. Such berm shall have a minimum height of 2.5 metres from its apex to the established grade. Trees or bushes may be planted atop the berm to provide further obscuring. (d) Any buffer herein required shall be maintained for the purpose for which it is required. 65 ZONING BY-LAW 21-032 (e) The land and water must be rehabilitated to acceptable provincial and municipal standards for the rehabilitation of mine tailings and water bodies. 21.5 Exemption No buffer shall be required where a pit or quarry operation, exclusive of machinery or buildings, is located further than 185.0 metres from a property line. 21.6 Access A maximum of two points of access to any pit or quarry operations shall be permitted and which shall be located at least 60.0 metres apart, at which such points of access shall be located at least 60.0 metres from the nearest intersection of street lines. 21.7 SPECIAL EXCEPTION ZONES MM-01 (Along Highway 112; Part of Mining Claims L7583, HR597 and HR599 Part of Parcels 9251, 8691 and 8690; By--law No. 17-067) Notwithstanding the provisions of Section 21.2 of this By-law to the contrary, the lands zoned MM-01 may be used in accordance with the following provisions: Permitted Uses: - Crush and Process Mineral Aggregate, in compliance with the Site Plan Control Agreement MM-02 (Part of Mining Claim L16527 and L16528, Parcel 10191CST) Notwithstanding the provisions of Section 21.3 of this By-law to the contrary, the lands zoned MM-02 may be used in accordance with the following provisions: Minimum setback from property lines 15.0 metres Minimum setback from Creek 60 metres Minimum setback from Quarry processing and stockpiling area to existing dwelling 600 metres Minimum setback to railline 20 metres Additional Requirements: - Site operations must occur in compliance with the Site Plan Control Agreement - Where there is conflict between the setback requirements, the most restrictive setback shall apply - For the purposes of MM-02 the definition of a Quarry shall be as follows: A place where consolidated rock has been or is being removed by means of an open excavation and is crushed, processed and stockpiled to supply material for construction, industrial or manufacturing purposes, but does not include a wayside quarry or open pit metal mine. ZONING BY-LAW 21-032 66 SECTION 22: MINERAL EXTRACTION AND DISPOSAL (MED) ZONE 22.1 In the "Mineral Extraction and Disposal (MED)" zone, no person shall use any land, building or structure, or erect any building or structure, except in conformity with the following provisions. 22.2 Permitted Uses Mineral Extraction Mine Tailings and Disposal Slag Dumping 22.3 Any construction, development or redevelopment shall be in conformance with the following requirements: Use All Permitted Uses Minimum Lot Area N/A Minimum Lot Frontage N/A Minimum Front Yard 100.0 metres Minimum Side Yard 100.0 metres Minimum Rear Yard 100.0 metres Minimum Lot Coverage 80.0 percent Maximum Height N/A 22.4 The land and water must be rehabilitated to acceptable provincial and municipal standards for the rehabilitation of mine tailings and water bodies. 22.5 Special Exception Zones MED-01 (multiple locations) MC L1223, L1340, L1342 (Pcl 9286, 9284, 9287CST); L5362 (Pcl 726CST); L5045, L5049, L5343 (Pcl 3803, 3804, 3805CST); L2762, L2763, L2764, L2947 (Pcl 3067, 3068, 3007T); L2831 (Pcl 4276CST); L5927, L5928, L5929 (Pcl471, 472, 473CST); L5967, L5980 (Pcl 3806, 4235T); L4755 (Pcl 1221CST); L5692 (Pcl 557CST); L6013 (Pcl 11405CST); L3019, L6804, L9107 (Pcl 9309, 9310, 9311CST); L3018, L6805, L1432 (Pcl 9288, 11404, 11406CST); L1525 (Pcl 2926CST); Part of L5779 (Pcl 10454CST); Part of L1850 (Pcl 10494CST); Part of L1617 (Pcl 8933CST); L2837, L2838, L4186 (Pcl 2495, 2496, 3056T); HR770, L2640 (Pcl 3055T); HR769, L2641 (Pcl 3124T); HR768, L2642 (Pcl 3426T); L4185 (Pcl 3425CST); L3044 (Pcl 539CST); Part of L1643, L2771 (Pcl 9330CST); and L5926 (Pcl 470CST); By-law No. 18-031) (MC L3044, L2771 & PT MC L1643) Notwithstanding the provisions of Section 22.3 of this By-law to the contrary, the lands zoned MED-1 may be used in accordance with the following provision: Minimum setback from eastern property boundary 33.0 metres 67 ZONING BY-LAW 21-032 SECTION 23: PARKS AND OPEN SPACE (O1) ZONE 23.1 In the "Parks and Open Space (O1)" zone, no person shall use any land, building or structure, or erect any building or structure, except in conformity with the following provisions: 23.2 Permitted Uses Cemeteries Conservation-Related Projects Golf Courses Neighbourhood and Community Parks Parks, Playgrounds, Tot-Lots Public Washrooms Pedestrian Walkways, Bikeways, Linear Open Space 23.3 Any construction, development or redevelopment shall be in conformance with the following requirements: For any building in excess of 9.0 square metres in area, the following yard requirements shall be respected: Use All Permitted Uses Minimum Front Yard 7.5 metres Minimum Setback for All Other Yards 9.0 metres In addition to the above, no structure shall be permitted to be located within 5.0 metres of any lot line. 23.4 Maximum Size of Structures Other than a cemetery or golf course, any such structures shall not exceed 15.0 square metres. This shall not preclude the construction of change room for tennis courts or outdoor rinks. The construction of buildings shall be limited in the case of a cemetery to combined maximum lot coverage of 275.0 square metres and in the case of a golf course to combined maximum lot coverage of 555.0 square metres. 23.5 Prohibited uses Any building, structure or use requiring a septic permit shall be prohibited. 23.6 Special Setback for Monuments, Cemeteries or Graves The minimum setback of any monument, or in a cemetery, grave, from any lot line shall be 15.0 metres. 23.7 Special Exception Zones 1. O1-01 (Block 22, 54M361, Sandy Drive and Block 23, 54M362, Pinetree Road; By-law 21-032) Notwithstanding the provisions of Sections 7.2.10, 23.2, and 23.5 on the lands zoned O1-01 the following use is permitted: - Placement of a Recreational Vehicle for camping purposes with an approved holding tank ZONING BY-LAW 21-032 68 SECTION 24: RESTRICTED OPEN SPACE (O2) ZONE 24.1 In the "Restricted Open Space (O2)" zone, no person shall use any land, building or structure, or erect any building or structure, except in conformity with the following provisions. 24.2 Permitted Uses Protection, Conservation or Preservation of Natural Environmental Features 24.3 Special Requirements 1. "Restricted Open Space (O3)" for the protection, conservation or preservation of natural environmental features or hazard lands shall be left undisturbed in their natural state or properly managed under a conservation program. Area designated for restricted open space purposes shall not be used for the disposal of garbage, waste, rubbish or sanitary landfill subject to the Environmental Protection Act, the Mining Act, and the Ontario Water Resources Act. 2. Any abandoned mine workings as defined within the Mining Act required therein to be or which is fenced shall for the purposes of public safety to be deemed to be non-developable land upon which no dwellings or structures, save those required to afford suitable protection to the public, shall be permitted. 69 ZONING BY-LAW 21-032 SECTION 25: INSTITUTIONAL (I) ZONE 25.1 In the "Institutional Open Space (O2)" zone, no person shall use any land, building or structure, or erect any building or structure, except in conformity with the following provisions. 25.2 Permitted Uses Child Care Centre Educational Institutions (excluding Commercial Schools) Fire Halls Funeral homes, caretaker's unit Government and Public Services Health Services Hospitals Libraries Museums, Monuments, Historic Sites Long Term Care Homes Recreational Facilities Places of Assembly Places of Worship Accessory uses and which shall not be deemed to limit the construction of a single detached dwelling in an association with a church or denominational institution and which is the municipality and which is the principal residence of the clergy. 25.3 Any construction, development or redevelopment shall be in conformance with the following requirements: Use All Permitted Uses Minimum Lot Area 930.0 square metres Minimum Lot Frontage 30.0 metres Minimum Front Yard 7.5 metres Minimum Rear Yard 12.0 metres Minimum Side Yard 3.0 metres4 Maximum Height 23.0 metres Maximum Lot Coverage 50 percent 25.4 Public and private community, cultural and recreational services shall not be deemed to include race tracks or course for any motorized vehicles or animals. 25.5 SPECIAL EXCEPTION ZONES I-01 (111 Burnside Drive; Part Mining Claim L2100 and L2226, TER-14, Parts 13 & 18, Parcel 9272 CST; By-Law No. 15- 024) Notwithstanding the provisions of Section 25.2 of this By-law to the contrary, the lands zoned I-01 permit the following use: - "Alkaline Hydrolysis Unit for the purposes of human disposition" Additional Requirements: The Alkaline Hydrolysis Unit is only permitted on I-01 as an accessory use provided it complies with the Funeral, Burial and Cremation Services Act. 4 Add an additional 0.6 metres for each additional storey after the third storey. ZONING BY-LAW 21-032 70 I-02 (400 Government Road; PT M.C. 16626 TECK & PT M.C. 16635 TECK (400 Government Road West, PINs 61228- 1755, 61228-1761 & 61228-2097; By-law 12-079) Notwithstanding the provisions of Section 25.2 of this By-law to the contrary, the lands zoned I-02 permits the following uses: - Conference Centre - Exhibition Centre - Fairground - Financial Establishment - Hotel/Motel - Market Place - Restaurants and Taverns 71 ZONING BY-LAW 21-032 SECTION 26: RURAL ZONES 26.1 Household industry 1. A household industry as defined in this By-law shall be a permitted use in the "Rural (RA)" zone, provided that such use is maintained in accordance with the following provisions: (a) The lot on which the household industry is located shall have a minimum lot area of 1.0 hectares; (b) The household industry shall clearly be secondary to the main residential use of the property and shall not change the residential character of the dwelling; (c) There shall be no emission of noise, vibration, odour or dust that is not normally attributable to the use of the land for other uses permitted in the zone; (d) Such household industry shall not be a nuisance to, nor interfere with, television or radio reception of others in neighbouring buildings or structures; (e) There shall be no display to indicate that any part of the property is being used for other than residential or rural uses except for an unlit sign of not more than 0.8 square metres; (f) The household industry shall meet the same yard provisions as required for the principal residential use for the zone in which it is located, with the exception of the interior side yard, which shall be a minimum of 10.0 metres; (g) The use shall not occupy more than 25.0 percent of the gross floor area of the dwelling, or where located in an accessory building, shall not occupy more than 100.0 square metres of gross floor area; (h) A maximum of two (2) employees who do not reside in the dwelling, may be employed on site in the household industry and additional employees may be employed off-site; (i) No open storage shall be permitted; (j) A landscaped buffer shall be provided on the lot in accordance with the provisions of this By-law; (k) There shall be no goods, wares or merchandise offered for sale or rent from the property which are not manufactured or processed on the lot; (l) The household industry shall be subject to site plan control to regulate storage and accessory buildings. 26.2 Animal Boarding Kennel 1. An animal boarding kennel, as defined in this By-law, shall be a permitted use in the "Rural (RA)" zone, provided that such use is maintained in accordance with the following provisions: (a) Kennels shall be subject to Site Plan Control; (b) Kennels shall be allowed as either indoor or outdoor facilities; (c) All animal containing structures and runs shall be setback a minimum distance of 15.0 metres from the property line. The structure may be required to be setback, landscaped or designed in such a fashion to screen them from neighbouring residential uses; (d) In order to mitigate potential noise impacts, animal-containing structures constructed of materials such as chain link, which do not provide sound proofing, may be required to meet a 30.0 metre setback distance from adjoining uses. These standards include but are not limited to the construction of fences and installation of landscaping; and (e) The maximum number of animals shall be 2.0 per 4.6 square metres to a maximum of ten (10). 26.3 Pet Daycare Service 1. In addition to the requirements of the "Local Commercial (C5)" zone, the following provisions shall apply: (a) A pet daycare service shall be located inside of a structure. No outdoor animal boarding facilities shall be permitted. (b) Outdoor yards shall be allowed for the purpose of exercising animals. Those yards are to be enclosed by 2.0 metre walls of sound-attenuating fencing. The yard may be required to be setback, landscaped or designed to further buffer neighbouring properties. (c) The maximum of animals shall be 1.0 per 4.6 square metres to a maximum of five (5). ZONING BY-LAW 21-032 72 26.4 Fencing 1. Where a fence is provided for, or is required to be provided for, this By-law, such fence shall not exceed 2.0 metres in a rural zone. In no case shall a fence in the front yard of a rural zone be higher than 1.2 metres unless a permit is obtained. 26.5 Communal Waste Disposal Facilities 1. Any sewage treatment plant or waste disposal facility not wholly enclosed within a building shall not be located closer than 90.0 metres to any residential lot. 26.5 Conservation of Natural Environment 1. Except as may be provided by site development control or other measures, every endeavour shall be made to protect the ecology and natural environmental amenities of any site approved for "Rural Residential Special (RR-01)" development. 26.7 Park, Garden or Street 1. Nothing in this By-law shall apply to prevent the use of any land within the defined area as a public or community park, playground, garden or street. 26.8 Setbacks from non-residential uses 1. Non-residential land uses will not be permitted to develop within 300.0 metres of any residential property or residential zone. 2. Septic tanks require a minimum setback of 2 m from any lot line, and a 5 metre setback from any building or structure. 73 ZONING BY-LAW 21-032 SECTION 27: RURAL (RA) ZONE 27.1 In the "Rural (RA)" zone, no person shall use any land, building or structure, or erect any building or structure, except in conformity with the following provisions. 27.2 Permitted Uses Agriculture Uses Agricultural-Related Uses Airports Animal Kennel Facility Drive-In Theatres Equestrian Facility Forestry and Logging Hobby Farm Hunt Camp Mobile home, only within a mobile home park Mobile Home Park Outdoor Recreational Uses Pet Daycare Service Pits and Quarries (Existing Only) Single Detached Dwelling Accessory uses to drive-in theatres, equestrian facility, forestry and logging and mobile home parks shall be deemed to include cafeterias, restaurants and retail stores, but only when these are constructed as, and are intended to be secondary or incidental to the main use. 27.3 Any construction, development or redevelopment shall be in conformance with the following requirements: Use Single Detached Dwelling All Other Uses Minimum Lot Area 2.0 hectares 4.0 hectares Minimum Setback of Any Building from Any Lot Line 15.0 metres 15.0 metres Minimum Lot Frontage 46.0 metres 46.0 metres Maximum Height of Any Building 10.5 metres 10.5 metres Maximum Lot Coverage 20.0 percent 50.0 percent 27.4 For each bona fide "Rural (RA)" use: 1. One resident for an owner or caretaker or supervisor or watchman or other person whose residence or presence on the premises is essential to the protection, management or maintenance of the property of such use shall be permitted provided that there is made available a suitable supply or water and sewage disposal system acceptable to the Local Medical Officer or Health or authority having jurisdiction; 2. Such residence is located on the property actually used by the rural use for purposes accessory to that use; and 3. The minimum setback and yard requirements are established for the main use in this zone are observed for accessory uses. ZONING BY-LAW 21-032 74 27.5 SPECIAL EXCEPTION ZONES RA-01 (500 Hays Street; Mining Claim HR753, Parcel 841 CST; By-law No. 19-082) Notwithstanding the provisions of Section 27. 2 of this By-law to the contrary, the lands zoned RA-1 may be used in accordance with the following provision: Permitted uses: - Outdoor recreational commercial uses - One mobile home 75 ZONING BY-LAW 21-032 SECTION 28: RURAL ESTATES DEVELOPMENT (RE) ZONE 28.1 In the "Rural Estates Development (RE)" zone, no person shall use any land, building or structure or erect any building or structure, except in conformity with the following provisions. 28.2 Permitted Uses Bed and Breakfast Parks Single Detached Dwelling 28.3 Any construction, development or redevelopment shall be in conformance with the following requirements: Use All Permitted Uses Minimum Lot Area 0.8 hectares Minimum Lot Frontage 60.0 metres Minimum Front Yard 20.0 metres Minimum Rear Yard 20.0 metres Minimum Side Yard 10.0 metres Maximum Height 10.5 metres Maximum Lot Coverage 20.0 percent 28.4 SPECIAL EXCEPTION ZONES RE-01 Notwithstanding the provisions of Section 28.3 of this By-law, in the "Rural Estate Development Special (RE- 01)" zone, no person shall use any land, building or structure, or erect any building or structure, except in conformity with the following provisions. Minimum Lot Area 0.2 hectares Minimum Lot Frontage 28.0 metres Minimum Front Yard 7.5 metres Minimum Rear Yard 7.5 metres Minimum Side Yard 5.0 metres RE-02 (54M-346 and Mining Claim L2090) Notwithstanding the provisions of Section 28.3 of this By-law to the contrary the lands zoned RE-1 may be used in accordance with the following provisions: Minimum Lot Frontage 46.0 metres ZONING BY-LAW 21-032 76 SECTION 29: RURAL RESIDENTIAL (RR) ZONE 29.1 No land shall hereafter be used and no building or structure shall hereafter be erected, altered or used, except in accordance with the terms of this By-law 29.2 Permitted Uses Bed and Breakfast Parks Single Detached Dwelling 29.3 Any construction, development or redevelopment shall be in conformance with the following requirements: Use All Permitted Uses Minimum Lot Area 3,200 square metres Minimum Lot Frontage 32.0 metres Minimum Front Yard 20.0 metres Minimum Rear Yard 10.0 metres Minimum Side Yard 5.0 metres Maximum Height 10.5 metres Maximum Lot Coverage 20.0 percent 29.4 Special Exception Zones RR-01 In the "Rural Residential Special (RR-01)" zone, no person shall use any land, building or structure, or erect and building or structure, except in conformity with the following provisions. Only cottages and parks are permitted in accordance with the following provisions. Minimum Lot Area 0.2 hectares Minimum Lot Frontage 28.0 metres Minimum Front Yard 7.5 metres Minimum Rear Yard 7.5 metres Minimum Side Yard 3.0 metres No new development, additions to existing development, or redevelopment that requires septic approval is permitted. RR-02 Lots located on M-314 (part of Goodfish Lake) shall be in conformance with the following requirements: Use All Permitted Uses Minimum Lot Area 1,344 square metres Minimum Lot Frontage 28.0 metres Minimum Front Yard 15.0 metres 77 ZONING BY-LAW 21-032 SECTION 30: RURAL RECREATION DEVELOPMENT (RS) ZONE 30.1 In the "Rural Recreation Development (RS)" zone, no person shall use land, building or structure, or erect any building or structure, except in conformity with the following provisions. 30.2 Permitted Uses Cottage Single Detached dwelling 30.3 Any construction, development or redevelopment shall be in conformance with the following requirements: Use All Permitted Uses Minimum Lot Area 0.4 hectares Minimum Lot Frontage 30.0 metres Minimum Front Yard 20.0 metres Minimum Rear Yard 7.5 metres Minimum Side Yard 3.0 metres Maximum Height 10.5 metres Maximum Lot Coverage 20.0 percent 30.4 SPECIAL EXCEPTION ZONES 1. RS-01 In the "Rural Recreation - Special Open Space (RS-01)" zone, no person shall use land, building or structure, or erect any building or structure, except in conformity with the following provisions: The only permitted uses shall be: - Campgrounds - Outdoor Recreational Uses - Parks - Recreational Trailer Parks - Accessory uses, such as retail establishments, restaurants or cafeterias, and places of recreation, but only when these are constructed as, and are intended to be, secondary or incidental to the main use. No person shall use, and no owner or lessee of any trailer shall permit to be used, any trailer for the living, sleeping or eating accommodation of persons within the municipality of the Town of Kirkland Lake, unless in a trailer camp duly designated and approved for that purpose, for more than sixty days in any period of ten consecutive months. No new development, additions to existing development, or redevelopment that requires septic approval is permitted. ZONING BY-LAW 21-032 78 SECTION 31: FUTURE DEVELOPMENT AREA (DA) ZONE 30.1nnniIn any "Future Development Area (DA)" zone, no person shall use any land, building or structure for any purpose other than that for which it was used on the enactment day of this By-law, until such land has been rezoned by a By-law and has been subdivided or designated as a lot or block by means of a Registered Plan of Subdivision. 30.2nnnThe intended future use will be captured in the corresponding zone identified in the abbreviation on the lot Abbreviation Intended use DA-RES Future Residential Development Area