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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
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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
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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.
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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
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3. Reference made to amending by-laws in text is for reference only, and upon consolidation with this By-law are
repealed.
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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.
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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
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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
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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
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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
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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.
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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
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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