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Comprehensive
Zoning By-Law
Lake of the
Woods
Township
21 May, 2013
Lake of the Woods Township
Comprehensive Zoning By-Law Lake of the Woods Township
May 21, 2013
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Table of Contents
SECTION 1.0 INTERPRETATION AND ADMINISTRATION .......................................................................6
1.1 TITLE .................................................................................................................................................... 6
1.2 APPLICATION ....................................................................................................................................... 6
1.3 SCOPE .................................................................................................................................................. 6
1.4 MINIMUM REQUIREMENTS ................................................................................................................ 6
1.5 INTERPRETATION OF BY-LAW ............................................................................................................. 6
1.5.2 NUMBER AND GENDER ................................................................................................................ 6
1.5.3 MEANING OF USE ......................................................................................................................... 6
1.5.4 MEANING OF SHALL ..................................................................................................................... 6
1.5.5 MEASUREMENTS .......................................................................................................................... 6
1.5.6 PRIMARY ZONES ........................................................................................................................... 6
1.5.7 HOLDING ZONES .......................................................................................................................... 7
1.6 USE OF ZONE SYMBOLS ...................................................................................................................... 7
1.7 INTERPRETATION OF ZONE BOUNDARIES .......................................................................................... 7
1.8 CONFLICT ............................................................................................................................................. 8
1.9 STRUCTURE ......................................................................................................................................... 8
1.10 ADMINISTRATION ............................................................................................................................. 8
1.11 LICENSES AND PERMITS .................................................................................................................... 8
1.12 BUILDING TO BE MOVED .................................................................................................................. 8
1.13 REPEAL OF EXISTING BY-LAWS .......................................................................................................... 8
1.14 APPLICATION OF OTHER BY-LAWS .................................................................................................... 8
1.15 VALIDITY ............................................................................................................................................ 9
1.16 VIOLATIONS AND PENALTIES ............................................................................................................ 9
1.17 REMEDIES .......................................................................................................................................... 9
SECTION 2 DEFINITIONS ................................................................................................................... 10
SECTION 3 ZONES AND ZONE MAP ................................................................................................... 37
3.1 Establishment of Zones ..................................................................................................................... 37
3.2 Use of Zone Symbols ......................................................................................................................... 37
3.3 Interpretation of Zone Boundaries ................................................................................................... 37
3.4 Special Provisions .............................................................................................................................. 38
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SECTION 4 - GENERAL PROVISIONS .................................................................................................. 39
4.1 Application.....................................................................................................................................................39
4.2 Accessory Uses .................................................................................................................................. 39
4.3 Agricultural Separation Distances ..................................................................................................... 39
4.4 Automobile Wrecking Yards and Scrap Metal Yards ........................................................................ 40
4.5 Bed and Breakfast Establishments .................................................................................................... 40
4.6 Buffer Strip ........................................................................................................................................ 40
4.7 Continuation of Agricultural Use ...................................................................................................... 40
4.8 Corner Lot Sight Restrictions............................................................................................................. 41
4.9 Dangerous Uses ................................................................................................................................ 41
4.10 Existing Lots..................................................................................................................................... 41
4.11 Garden Suites .................................................................................................................................. 41
4.12 Group Homes .................................................................................................................................. 42
4.13 Height Exceptions ........................................................................................................................... 42
4.14 Home Industry ................................................................................................................................ 42
4.15 Home Occupation ........................................................................................................................... 43
4.16 Land Without Buildings ................................................................................................................... 43
4.17 Loading Spaces ................................................................................................................................ 43
4.18 Mobile Homes ................................................................................................................................. 44
4.19 Non-Compliance with Minimum Lot or Yard Requirements .......................................................... 44
4.20 Non-Conforming Uses ..................................................................................................................... 45
4.21 Number Permitted .......................................................................................................................... 45
4.22 Obnoxious Uses ............................................................................................................................... 45
4.23 Occupancy of Partially Completed Buildings .................................................................................. 45
4.24 Outdoor Wood Burning Furnaces/Stoves ....................................................................................... 45
4.25 Parking and Loading Areas Screen Requirements .......................................................................... 46
4.26 Parking Areas Standards ................................................................................................................. 46
4.27 Barrier-Free Parking ........................................................................................................................ 46
4.28 Parking Requirements ..................................................................................................................... 46
4.29 Permitted Encroachments in Yards................................................................................................. 49
4.30 Permitted Public Uses ..................................................................................................................... 49
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4.31 Prohibited Uses ............................................................................................................................... 49
4.32 Road Frontage Required ................................................................................................................. 50
4.33 Secondary Dwelling Unit ................................................................................................................. 50
4.34 Service Stations, Public Garages and Gas Bars ............................................................................... 50
4.35 Services Required ............................................................................................................................ 51
4.36 Setback from Navigable and Non-Navigable Watercourses, Hazard Land and Municipal Surface
Drains ...................................................................................................................................................... 51
4.37 Setbacks and Access on Provincial Highways ................................................................................. 51
4.38 Setbacks on Municipal Roads ......................................................................................................... 51
4.39 Setback from Waste Disposal Site .................................................................................................. 51
4.40 Special Uses Permitted ................................................................................................................... 51
4.41 Structures in Water ......................................................................................................................... 52
4.42 Temporary Buildings ....................................................................................................................... 52
4.43 Truck, Bus and Coach Bodies or Trailers or Tents used for Human Habitation .............................. 52
4.44 Wayside Pits and Quarries and Portable Asphalt Plants ................................................................ 52
4.45 Yard and Open Space Provision for all Zones ................................................................................. 52
SECTION 5 - RURAL ZONE (R) REGULATIONS ..................................................................................... 53
5.1
Permitted Uses ............................................................................................................................ 53
5.2
Performance Standards and Zoning Regulations ........................................................................ 54
SECTION 6 - RESIDENTIAL ZONE 1 (R1) REGULATIONS ....................................................................... 55
6.1
Permitted Uses ............................................................................................................................ 55
6.2
Performance Standards and Zoning Regulations ........................................................................ 56
SECTION 7 - WATERFRONT RESIDENTIAL ZONE (WR) REGULATIONS .................................................. 57
7.1
Permitted Uses........................................................................................................................................57
7.2
Perfomance Standards and Zoning Regulation......................................................................................57
7.3
Development on Crown Lands .................................................................................................... 57
7.4
Access .......................................................................................................................................... 58
SECTION 8 - MOBILE HOME PARK ZONE (MHP) REGULATIONS .......................................................... 59
8.1
Permitted Uses ............................................................................................................................ 59
8.2
Performance Standards and Zoning Regulations ........................................................................ 59
SECTION 9 - GENERAL COMMERCIAL ZONE (C) REGULATIONS ........................................................... 60
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9.1 Permitted Uses .................................................................................................................................. 60
9.2
Performance Standards and Zoning Regulations ........................................................................ 61
SECTION 10 - INDUSTRIAL ZONE (M) REGULATIONS .......................................................................... 63
10.1 Permitted Uses ................................................................................................................................ 63
10.2
Performance Standards and Zoning Regulations ........................................................................ 64
SECTION 11 - INSTITUTIONAL ZONE (I) REGULATIONS ....................................................................... 66
11.1 Permitted Uses ................................................................................................................................ 66
11.2
Performance Standards and Zoning Regulations ........................................................................ 66
SECTION 12 - OPEN SPACE ZONE (OS) REGULATIONS ........................................................................ 67
12.1 Permitted Uses ................................................................................................................................ 67
12.2
Performance Standards and Zoning Regulations ........................................................................ 67
SECTION 13 - HAZARD LAND ZONE (HL) REGULATIONS ..................................................................... 68
13.1 Permitted Uses ................................................................................................................................ 68
13.2 Fill .................................................................................................................................................... 68
13.3 Performance Standards and Zoning Regulations ............................................................................ 68
SECTION 14 - HOLDING ZONE (H) REGULATIONS ............................................................................... 69
14.1 Holding Zone................................................................................................................................................69
14.2 Permitted Uses ................................................................................................................................ 69
14.3 Performance Standards and Zoning Regulations ............................................................................ 69
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SECTION 1.0 INTERPRETATION AND ADMINISTRATION
1.1 TITLE
This By-law shall be known as the "New Comprehensive By-Law" of the Corporation of the Township of
Lake of the Woods.
1.2 APPLICATION
The provisions of this By-law shall apply to all lands within the boundaries of the Township as now or
hereafter are legally constituted.
1.3 SCOPE
No lands shall be used and no buildings or structures shall be erected, altered, enlarged, or used within
the Township of Lake of the Woods except in compliance with the provisions of this By-law.
1.4 MINIMUM REQUIREMENTS
In interpreting and applying the provisions of this By-law, they are held to be the minimum
requirements for the promotion of health, safety, comfort, convenience, and general welfare of the
inhabitants of the Township.
1.5 INTERPRETATION OF BY-LAW
1.5.1 DEFINITIONS
In this By-law, unless the context requires otherwise, the definitions set out in Section 2 shall apply.
Where a term is not defined, its common usage shall apply.
1.5.2 NUMBER AND GENDER
In this By-law, unless the contrary intention is indicated, words used in the singular shall include the
plural and words used in the male gender shall include the female gender and vice versa.
1.5.3 MEANING OF USE
Unless the context otherwise requires, the expressions "use" or "to use" in this By-law
include anything done or permitted by the owner or occupant of any land or buildings, directly or
indirectly or by or through any trustee, tenant, servant, or agent, acting for, or with the knowledge or
consent of such owner or occupant, for the purpose of making use of the said land or building.
1.5.4 MEANING OF SHALL
In this By-law, the word ''shall'' shall always be construed as mandatory.
1.5.5 MEASUREMENTS
Measurements of length and area used in this By-law are given in metric units (e.g. metres, hectares).
1.5.6 PRIMARY ZONES
Primary zones are the basic structural unit of this Zoning By-law and identify a land use category with
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permitted uses and regulations. Primary zones are indicated by a set of symbols, for example R1
represents the Residential 1 (R1) Zone in this By-law.
1.5.7 HOLDING ZONES
1. Holding zones are created by adding a capital H in brackets - (H) - to the zone code on the Zoning
Schedules. This has for effect of allowing the uses set out in the corresponding text of the by-law at
some time in the future. A Holding symbol is removed once specified conditions, which are identified in
the exception provisions, are met (e.g. such as conditions related to environmental, transportation,
servicing matters), in accordance with Section 36 of the Planning Act, as amended.
2. No land shall be used in a Holding Zone (H), except for the following purposes:
Accessory Uses
Existing Uses
1.6 USE OF ZONE SYMBOLS
The symbols listed shall be used to refer to land, buildings and structures and uses thereof permitted by
this By-law in the said zones, and wherever in this By-law the word ''Zone'' is used preceded by any of
the said symbols, such zones shall mean any area within the Township of Lake of the Woods delineated
on the Zoning Schedules and designated therein by the said symbol.
1.7 INTERPRETATION OF ZONE BOUNDARIES
Where any uncertainty exists as to the location of the boundary of any of the said zones, as shown on
the Zoning Schedules, the following shall apply:
a. Unless otherwise shown, the boundary of the zones as shown on the Zoning Schedules and the centre
lines of the road allowance or lot lines and the projection thereof;
b. Where zone boundaries are indicated as approximately following lot lines shown on a plan of
subdivision, such lot lines shall be deemed to be the said boundary;
c. Where zone boundaries are indicated as approximately parallel to the line of any road and the
distance from such road and the distance therefrom shall be determined by the use of the scale shown
on the Zoning Schedules;
d. Unless otherwise indicated, a road, lane or watercourse included on the Zoning Schedules, is included
within the zone of adjoining property on either side thereof; and where such road, lane, right-of-way or
watercourse serves as a boundary between two or more different zones, a line midway in such road,
lane, right-of-way or watercourse extending in the general direction of the long division thereof is
considered the boundary between zones, unless specifically indicated otherwise;
e. In the event of a dedicated road, lane, or right-of-way shown on the zone maps is closed, the property
formerly in said road lane or right-of-way shall be included within the zone of the adjoining property or
either side of the said closed road lane right-of-way and the zone boundary shall be the former centre
line of the closed road, lane or right-of-way;
f. Where any zone boundary is left uncertain after application of the preceding provisions, then the
boundary line shall be determined according to scale on the Zoning Schedules in the office of the Chief
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Building Official; and
g. Wherever it occurs, the limit of the Township of Lake of the Woods is the boundary of the zone
adjacent to it.
1.8 CONFLICT
In the event of a conflict between this By-law and amendments thereto and any other general or special
by-law of the Township, the most restrictive By-law shall prevail.
1.9 STRUCTURE
This Zoning By-law is composed of fifteen (15) Sections:
Section 1: Interpretation and Administration
Section 2: Definitions
Section 3: Establishment of Zones
Section 4: General Provisions
Section 5-14: Zone Provisions
Section 15: Zoning Schedules.
1.10 ADMINISTRATION
This By-law shall be administered by the Chief Building Official and/or such other persons or persons as
the Council of the Township of Lake of the Woods designates.
1.11 LICENSES AND PERMITS
No person shall be entitled to a permit, certificate, or license where the said permit is required for
a proposed use of land or a proposed erection, alteration, enlargement or use of any building or
structure that is in violation of any provisions of this By-law.
1.12 BUILDING TO BE MOVED
No building, residential or otherwise, shall be moved within the limits of the Township or
shall be moved into the Township from outside, without a permit from the Chief Building Official.
1.13 REPEAL OF EXISTING BY-LAWS
From the coming into force of this By-law, all previous By-laws passed under Section 34 of
the Planning Act, or a predecessor thereof, shall be deemed to have been repealed except to the extent
that any of the said By-laws prohibits the use of any land, building or structure for a purpose that is also
prohibited by this By-law.
1.14 APPLICATION OF OTHER BY-LAWS
Nothing in this By-law shall serve to relieve any person from the obligation to comply with the
requirements of any other By-law of the Municipality, in force from time to time, or the obligation to
obtain any licence, permit, authority or approval required under any By-law of the Municipality.
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1.15 VALIDITY
Should any section, clause or provision of this By-law be held by a count of competent jurisdiction to be
invalid, the validity of the remainder of the By-law shall not be affected.
1.16 VIOLATIONS AND PENALTIES
1. Every person who uses any lot, or erects or uses any building or structure or any part of any lot,
building or structure, in a manner contrary to any requirement of this By-law, or who causes or permits
such use or erection, or who contravenes any provision of this By-law or causes or permits
a contravention, shall be guilty of an offence and upon conviction therefore, shall be liable:
a. on a first conviction to a fine of not more than $25,000; and
b. on a subsequent conviction to a fine of not more than $10,000 from each day or part thereof
upon which the contravention has continued after the day on which the conviction was first
made.
2. Where a corporation is convicted under this Section, the maximum penalty that may be imposed is:
a. on a first conviction, a fine or not more than $50,000; and ii) on a subsequent conviction, a fine
of not more than $25,000 for each day or part thereof upon which the contravention has
continued after the day on which the corporation was first convicted.
3. Every such penalty as set out in this Section shall be recoverable under the Section 67 of the Planning
Act, 1990 and/or the Provincial Offenses Act and/or any other legislation applicable.
1.17 REMEDIES
In case of any buildings or structure or any part thereof is to be erected, altered, reconstructed or
extended, or any lot is being used or is to be used, in contravention of any requirement of this By-law,
such contravention may be restrained by action at the instance of any ratepayer or of the Township,
pursuant to the provisions of the Planning Act and/or the Municipal Act and/or any other legislation
applicable.
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SECTION 2 DEFINITIONS
For the purpose of this By-law, the definitions and interpretations given herein shall govern.
Abandoned
Means the failure, in the opinion of the Chief Building Official, to proceed expeditiously with
construction work or to undertake construction work during any continuous 12 month period.
Abattoir
Means a building, structure or lot or part thereof, used for the slaughter of livestock, poultry or other
animals for purpose of processing or rendering.
Accessory Building or Structure
Means a detached building or structure that is not used for human habitation except where a residential
use is a permitted accessory use, but the use of which is naturally and normally incidental to,
subordinate to, or exclusively devoted to a principal use or building and located on the same lot
therewith and includes a detached private garage, detached carport, detached deck and dock.
Accessory Apartment
Means self-contained apartments created through converting part of or adding on to a building
containing a commercial use.
Accessory Dwelling Unit
Means a detached dwelling unit on a commercial lot.
Accessory Use
Means a use naturally and normally incidental to, subordinate to, or exclusively devoted to a principal
use and located on the same lot therewith.
Aggregate
Means gravel, sand, clay, rock, or other material prescribed under the Aggregate Resources Act suitable
for construction, industrial, manufacturing and maintenance purposes.
Aggregate Pit
Means 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, and includes the processing thereof for
commercial purposes including screening, sorting, washing, crushing, and other similar operations,
together with required buildings and structures, but does not include a wayside pit.
Agricultural Services
Means the use of lands, structure or building for the purpose of buying and selling commodities and
services that are necessary to support agricultural operations, including livestock sales barn, but does
not include any manufacturing, assembling, processing, warehousing or construction uses.
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Agricultural Use
Means the cultivation of land, the production of crops and the selling, packing, storage of such product
on the premises, and the breeding, raising and care of livestock, and the selling of such livestock or
the product of such livestock raised on the premises and, without limiting the generality of
the foregoing, includes animal husbandry, dairying, and the raising and harvesting of field, bush, or tree
crops, market gardening, nurseries, animal kennels, beekeeping, and greenhouses,
bait fish culture and harvesting, wild rice culture and harvesting, and peat exploration and harvesting.
Airport or Aircraft Landing Area
Means the use of land, including water, runway, or other facility designed, used or intended to be used,
either publicly or by any person or persons, for the landing or taking off of aircraft, including all
necessary taxiways, aircraft storage, tie down areas, hangars and other necessary buildings, structures
and open spaces.
Alter
When used in reference to a building or structure or part thereof, means to change the use or the
external dimensions of such building or structure or to change the type of construction of the exterior
walls or roof thereof.
Notwithstanding the above, when used in reference to a lot, the word 'alter' means to increase the
width, depth, or area thereof or to decrease the width, depth or area of any required yard, setback,
landscaped open space, or parking area, or to change the location of any boundary of such lot with
respect to a road or lane, whether such alteration is made by conveyance or alienation of any portion of
said lot, or otherwise; or
Notwithstanding the above, when used in reference to a use, to discontinue and replace a use with a
use which is defined herein as being distinct from the discontinued use.
Animal Hospital
Means a ''Veterinary Clinic'' as defined in this By-law.
Animal Shelter
Means a building or portion thereof where small domestic animals/pets, birds, livestock or farm animals
are given temporary shelter, where minor treatment is given, and includes a public pound and
crematorium but does not include an animal hospital, a veterinary clinic or any establishment engaged
primarily in the retail sale of animals or in the breeding or training of animals for gain or profit.
Arcade
Means an establishment, or parts of an establishment, containing three or more arcade machines
operated for gain, including where the operation of such arcade machines for gain is an accessory use or
is not the primary use of the establishment.
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Arena
Means a facility for sport activities and includes ice surfaces for hockey and curling and other surfaces
for any sporting activity.
Assembly Hall
Means a building, or part thereof, in which facilities are provided for such purposes as meetings for civic,
educational, political, recreational, religious or social purposes and, without limiting the generality of
the foregoing, may include such facilities as a banquet or private club.
Assisted Living
Means a residential building with individual dwelling units and accessory personal care and support
services.
Attached
Means a building otherwise complete in itself, which depends for structural support, or complete
enclosure, upon a division wall or walls shared in common with an adjacent building or buildings.
Attic
Means the space between the ceiling of the top storey and the roof or between a dwarf wall and a
sloping roof.
Automobile Body Repair Shop
Means a building or structure used primarily for making repairs or alteration to the body or paint work
of any vehicle.
Automobile Service Station or Service Station
Means a building or part of a building or a clearly defined space on a lot used primarily for the retail sale
or some or all of lubrication oils, gasoline, diesel fuel and propane for motor vehicles, and may include
the sale of automobile accessories, and the servicing and repairing essential to the operation of motor
vehicles, but does not include a car washing establishment.
Automobile Wrecking Yard or Scrap Metal Yard
A place where motor vehicles are wrecked or disassembled and resold.
Bait Shop
Means an establishment used for the storage, handling and/or raising for retail sale of minnows, worms
and other species used exclusively for recreational bait fish purposes.
Bake Shop
Means a bakery where the prepared food products of such bakery are offered for retail sale on the same
premises.
Bank
Means a banking institution as defined in the Bank Act.
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Basement or Cellar
Means that portion of a building between two floor levels which is more than 50% below the ground
level at the exterior walls.
Bed and Breakfast Establishment
Means a single-detached dwelling in which not more than 4 habitable room for overnight lodging are
provided for gain, with breakfast included, to persons other than the lessee, tenant or owner of said
dwelling, or any member of the his household, but shall not include a hotel, motel, resort, trailer camp,
seasonal campground or camping establishment and is accessory to the main residential use.
Boarding House
Means ''Rooming House'' as defined in this By-law.
Boat House
Means a detached accessory building or structure constructed for the purpose of sheltering or storage
of boats or other form of water transportation and accessories, but it shall not include a dwelling unit.
Buffer Strip
Means an area of land used for no other purpose than for the erection of a fence, or the planting and
maintaining of a continuous row of natural evergreens or a continuous unpierced hedgerow of natural
shrubs and the remainder of which is to be used for landscaping.
Building
Shall include any structure, whether temporary or permanent, used or intended for sheltering any use
or occupancy, but shall not include a boundary wall or fence or any vehicle as defined herein.
Building Area
Means the greatest horizontal area of a storey above grade within the outside surface of exterior walls
or within the outside surface of exterior walls and the centre line of firewalls.
Builders' Supply Outlet
Means a commercial establishment used for milling, storage, or wholesaling of a broad range of building
materials and tools.
Bulk Sales Establishment
Means the use of land for the purpose of storing, buying and selling coal, fuel oil, propane, wood,
lumber, building materials, ice and allied chemicals, but does not include any manufacturing, assembling
or processing uses.
Business or Professional Office
Means a building 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 or
patients who seek advice, consultation or treatments, but does not include a personal service
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establishment, a veterinarian's clinic, an animal hospital or shelter, a body-rub parlour or any adult
entertainment parlour as defined in the Municipal Act.
By-law Enforcement Officer
Means a person appointed by Council and charged with the duty of enforcing the provisions of the
Zoning By-law and any amendment hereto.
Cabin
Means a ''cottage'' as defined in this By-law.
Campground
Means a parcel of land used for short-term occupancy by campers using travel trailers, tens, tent
trailers, or other moveable dwellings, rooms or sleeping quarters of any kind for short-term occupancy.
Car Wash
Means an establishment where motor vehicles are washed, cleaned or polished for compensation,
including a coin wash, but does not include a service station or vehicle repair shop where car washing is
incidental to the operation of such service station or vehicle repair shop.
Cemetery
Means a cemetery or columbarium within the meaning of the Cemetery Act, as amended from time to
time.
Clinic
Means a building or structure that is used or intended for use by one or more physicians, dentists,
chiropractors and/or drugless practitioners, or anyone or more of them, as well as their staff
and patients, for the purpose of consultation, diagnosis and office treatment, but does not include short
and long-term patient care facilities.
Commercial Fish Outlet
Means a use which is primarily devoted to the handling, storage, cleaning, cutting and/or freezing of fish
products for wholesale or retail sale and includes accessory uses as docks, warehouses, processing
plants and repair facilities for commercial fish equipment.
Club
Means a building or part of a building used as a meeting place for members of an organization and
includes a lodge, a fraternity or sorority house and a labour union hall.
Commercial Use
Means the use of land or buildings for the purpose of buying and/or selling commodities and supplying
services separate from such uses as manufacturing or assembling of goods, warehousing, transport
terminals, construction and other similar uses.
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Community Centre
Means a building used primarily for community activities and not used for commercial purposes,
the control of which is vested in the Township, a local board, or commission.
Condominium
Means a building or structure wherein the Owner holds title to his/her own dwelling unit while sharing
title to the land and other common areas of the development and sharing maintenance/operating costs
with other dwelling unit owners through a condominium corporation.
Conservation Use
Means any land, building or structure used for wild life conservation, research, harvesting or outdoor
recreation and may include hunting and trapping.
Contractor's Yard
Means a yard and associated buildings of any general contractor or builder where equipment and
materials are stored or where a contractor performs shop or assembly work but shall not include
storage of excavated material or other establishment otherwise defined or classified herein.
Convenience Store
Means a retail store serving the daily or occasional needs of the residents of the immediate area with a
variety of good such as groceries, meats, dairy products, patent medicines, sundries, tobacco,
stationery, hardware, magazines and/or newspapers.
Cottage
Means a detached building used for occasional and seasonal residential dwelling for recreation, rest or
relaxation by one household, but not occupied continuously or as a principal residence or as a year-
round permanent dwelling.
Council
Means the Council of the Corporation of the Township of Lake of the Woods.
Daylighting Triangle
Means an area free of buildings or structures and which area is to be determined by measuring, from
the point of intersection of street lines on a corner lot, the distance required by this By-law along each
such street line and joining such points with a straight line and the triangular-shaped land between the
intersecting street lines and the straight line joining the points the required distance along the street
lines is the ''daylighting triangle''.
Day Nursery
A day nursery operated for pre-school age children within the meaning of the Day Nurseries Act, R.S.O,
1980, c.111 as amended.
Demolition
Means the removal of a building or any part thereof.
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Detached
Means ''not attached''.
Development
Means to build, construct, reconstruct or relocate. The term includes altering any existing building or
structure; or any work which requires a Building permit under the Building Code Act, 1992.
Dock
Means a structure on land or in the water to be used for transferring goods or passengers to or from a
boat or airplane. This definition includes a launching ramp or boatlift but does not include any building
used for human habitation.
Dwelling
Means a combination of rooms in which a kitchen, living quarters and sanitary conveniences are
provided for habitation for the exclusive use of the residents and with a private entrance from outside
the building or from a common hallway or stairway inside. It may include a modular home constructed
in accordance with the Building Code and C.S.A A-277 Regulations. A dwelling may include the following
sub-types:
Single detached
Means a separate building or factory built twin-wide or double wide modular home designed,
used, or intended to be used for occupancy as a single dwelling unit. This definition shall not
include a mobile home as defined herein.
Semi-detached
Means a building that is divided vertically into 2 dwellings units designed or intended to be used
for occupancy as a single dwelling unit and which dwelling units may be held in separate
ownership. This definition shall not include a mobile home as defined herein.
Dwelling, Duplex
Means a building that is divided horizontally into 2 dwelling units, each of which has an
independent entrance either directly or through a common vestibule.
Dwelling, Double Duplex
Means 2 attached duplex dwellings.
Dwelling, Townhouse
Means the whole of a residential use building containing three or more dwelling units that are
divided vertically, each of which has an independent entrance.
Dwelling, Street Townhouse
Means a townhouse or rowhouse dwelling which has direct access and frontage along a public
street. Each dwelling unit may be located on a separate lot. For street townhouses, the
maximum number of attached units shall be 8 units.
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Dwelling, Triplex
Means a building that is divided horizontally into 3 separate dwelling units, each of which has an
independent entrance either directly or through a common vestibule.
Apartment Building
Means a building that contains 4 or more dwelling units, which units have one or more common
entrances from road level and are served by a common corridor, and the occupants of which
units have the right to use in common the corridors, stairs, elevators, yards or more of them.
Bachelor
Means a dwelling unit in which only one room or part thereof contains sleeping
accommodation, and room is used as a living or dining room or both, as well as for sleeping
purposes, but does not mean or include a dwelling unit containing one or more rooms designed
exclusively for sleeping accommodation.
Dwelling, Multiple
Means a building used, designed, or intended to be used for occupancy as 3 or more dwelling units
independently of each other.
Dwelling Unit
Means a residential unit that:
a. consists of a self-contained set of rooms located in a building or structure;
b. is used or intended for use as a residential premises;
c. contains kitchen and bathroom facilities that are intended for the use of the unit only; and
d. is not a mobile home or any vehicle
Easement
Shall have the meaning attributed to it in the definition of ''Right-of-Way''.
Entertainment Facility
Means a building or facility for the use of a motion picture or other theatre, arena, auditorium,
public hall, bingo hall, billiard or pool room, arcade, bowling alley, ice or roller skating rink and does not
include an adult entertainment establishment.
Erect
Means to build, construct, reconstruct, install, enlarge, extend or alter material or repair a building or
structure. ''Erect'' shall include the relocation of a building or structure, the installation of a building unit
fabricated or removed from elsewhere, the demolition or removal of a building or any part thereof and
any physical operation such as excavating, filling, grading or draining preparatory to building
construction or reconstruction.
Existing
Means existing as of the date of the final passing of this By-law.
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Fairground
Means the use of land, buildings, or structures for the purpose of holding agricultural fairs including
displays, exhibiting, livestock shows, sporting events, midway amusements, and concession stands;
temporary overnight accommodations associated with fairground uses is permitted.
Farm Help House
Means a building located on the same lot and accessory to an agricultural use and which is provided and
maintained by the owners of the lot for the accommodation of persons employed in the agricultural
operation by the owner of the lot.
Financial Institution
Means a commercial establishment such as a bank, trust company, credit union or other similar business
or institution where money is deposited, kept, lent, and exchanged.
Flea Market
Means an occasional market held in an open air or building structure, where groups of individual sellers
display and offer goods for sale to the public, but does not include a garage sale.
Flood Fringe
Means the outer portion of the flood plain between the floodway and the limit of the regulatory flood.
Flood Plain
Means the area, usually low lands, adjoining a watercourse which has been, or may be covered by flood
water.
Floodproofing
Means the combination of structural changes and/or adjustments incorporated into the basic design
and/or construction or alteration of individual buildings, structures or properties subject to flooding so
as to reduce or eliminate flood changes. The word ''floodproofed'' has a corresponding meaning.
Floodway
Means the channel of a watercourse and the inner portion of the flood plain where flood depths and
velocities are generally higher than those experienced in the flood fringe. The floodway represents that
area required for the safe passage of flood flows and that are where flood depths and velocities are
considered as such that they pose a potential threat to life and property.
Floor Area
Means the sum of the areas of all of the floors of a building or structure measured from the outside of
all outside walls, exclusive of any terrace, veranda, unfinished attic, basement, cellar, open or enclosed
porch or sunroom, unless such sunroom or enclosed porch is an integral part of the building and
habitable in all seasons.
Floor Area, Ground
Means the floor area of the lowest storey of a building approximately at or just above the finished grade
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level excluding any basement, which area is measured between the exterior faces of the exterior walls
at the floor level of such storey but excludes car parking areas within the building.
Forestry Use
Means the raising and harvesting of wood and, without limiting the generality of the foregoing, includes
the raising and cutting of fuel wood, pulp wood, lumber, holiday trees, and other forest products.
Fuel Depot
Means a lot where bulk storage of fuel, including petroleum products and propane takes place and
where wholesaling and retailing of these products is carried on.
Funeral Home
Means a building designed for the purpose of furnishing funeral supplies and services to the public and
includes facilities intended for the preparation of the internment or cremation and for accessory
meetings.
Garage, Private or Carport
Means a building or portion of a building designed for the storage of private passenger motor vehicles
wherein no service for profit is rendered; where such structure is attached to the main building, it shall
be deemed to be part of the main building and not an accessory building.
Garage, Public or Service Station
Means a building or structure which is used for the repair or storage of motor vehicles for remuneration;
and/or it may include an automobile body repair shop and it may include a gas bar.
Garden Suite
Means a self-contained temporary dwelling that is accessory to the main dwelling unit with its own
kitchen, bathroom and living area which is designed to be portable and is sometimes referred to as a
''granny flat''. This may include a mobile home.
Gas Bar
Means a lot containing gasoline, diesel fuel or propane dispensing devices and a structure used for the
sale of fuel and lubricants for vehicles.
Golf Course
Means a public or private area operated for the purposes of playing golf and does not including golf
driving ranges.
Golf Driving Range
Means a public or private area for the purpose of practicing golf driving techniques and is equipped with
distance markers, lighting, safety nets, parking areas, golf equipment rental facilities and washrooms,
but does not include a golf course.
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Grade
Means the average level of finished ground adjoining a building at all exterior walls.
Grain Elevator and Grain Drying Facility
Means buildings or structures associated with the processing, dryings, storage, or transshipment of
grain.
Greenhouse Commercial
Means a building for the growing of flowers, plants shrubs, trees and similar vegetation which are not
necessarily transplanted outdoors on the same lot containing such greenhouses, but are sold directly
from such lot at wholesale or retail.
Group Home
Means a single housekeeping unit in a residential dwelling in which a maximum of 6 persons
(excluding supervisory staff or the receiving family) live under responsible supervision consistent with
the particular requirements of its residents. The group home shall conform with the Township By-laws
and shall be licensed and/or approved by the Province of Ontario.
Guest Cabin
Means a dwelling unit for guest accommodation accessory to a cottage which contains no provision for
cooking or any water or sewage treatment systems and is not used year round for human habitation.
Habitable Room
Means a room in a dwelling used for human occupancy but does not include a bathroom, toilet room,
serving or storage pantry, laundry and corridor.
Hazard Land
Means land which exhibits, or potentially exhibits, a hazardous condition as a result of its susceptibility
to flooding, erosion, subsidence, inundation, as the presence of organic soils or steep slopes, or where,
by reason of its lying marshy or unstable character, the cost of construction of satisfactory waterworks,
sewage or drainage facilities is prohibitive. Hazard lands include areas where the operation of mines or
former mines has left the lands in a hazardous state, lands where contaminants may have been spilled
or placed and filled lands.
Health Centre
Means a building or structure that is used or intended for use by one or more physicians, dentists,
chiropractors and/or drugless practitioners for the purpose of consultation, diagnosis and office
treatment. Health Centre includes short and long-term patient care facilities and urgent care, but does
not include 24 hour urgent care.
Height
When used with reference to a building or structure, means the vertical distance in metres between the
horizontal plan through the established grade and a horizontal plan through:
a. the highest point of the roof assembly in the case of a building with a flat or deck roof;
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b. the average level of a sloped roof, provided that a roof having a slope of less than 20 degrees with the
horizontal shall be considered a flat roof;
c. the deck roof line, in the case of a mansard roof;
d. the average level between eaves and ridges in the case of a cottage, gambrel or hip roof.
Highway
Shall be considered to be synonymous and have the meaning as defined for ''Road''.
Home Day Care
Means a dwelling unit where a maximum of 6 children, who are not residents of the dwelling, are
provided temporary care, guidance, or both for a continuous period, not exceeding 24 hours.
Home Industry
Shall mean the use of part of a dwelling unit or an accessory building to a dwelling unit for an industrial
use by one of the permanent residents of such dwelling unit, which is clearly secondary to the main use
of the dwelling unit or agricultural operation. The home industry uses permitted include: photography,
sculpting, ceramic making, upholstering, weaving, dressmaking, animal hospital, wood-working shop,
auto body repair and auto repair, window-frame shop, welding shop, electrical shop, carpentry shop,
machine shop, blacksmith shop, office and administrative operations.
Home Occupation
Shall mean an occupation, trade, business, profession or craft which is clearly secondary to the main use
of the dwelling unit and carried on entirely within part of a dwelling unit by at least one of the
permanent residents of such dwelling unit and may include hairdressing, accounting/bookkeeping,
medical/dental practitioner, drafting, word processing, etc.
Hotel
Shall mean any hotel, tavern, inn, lounge, or public house in one main building or in two or
more buildings used mainly for the purposes of catering to the needs of
the travelling public by supplying food and furnishing sleeping accommodations of not less than 6 guest
rooms, and shall include all buildings liable to be licensed under the Liquor License Act,
and operating under the Tourist Act, as revised or amended from time to time.
Hunt Camp
Means an area where one or more buildings and/or tents are used for sleeping, accommodations, the
preparation and serving of food and/or sports or recreation facilities and are intended for uses as a base
camp for hunting, fishing, trapping, mining or forestry. A hunt camp is to be used on a temporary or
seasonal basis, and is not a commercial facility.
Industrial Use
Means the use of land, buildings or structures for manufacturing, processing and assembling of goods or
new raw materials warehousing and bulk storage of goods and repair and servicing of goods, including
transportation terminals.
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Heavy Industrial Use
Means uses of a heavy industrial nature including;
the manufacture or processing of products from raw materials;
the production or use of flammable, explosive or other hazardous materials;
the storage of these products and materials; or
a wrecking yard
Light Industrial Use
Means uses of a light industrial nature, including:
warehousing or distribution of finished parts or finished products;
the manufacture from previously prepared materials of finished parts or finished products;
factory or assembly-line processes that involve the manufacture, processing, assembly or
packaging of finished parts or finished products made from previously prepared materials; or
the repair or servicing of such products.
Institutional Use
Means the use of land, buildings or other structures for some public or social purpose and may include
governmental, faith-based, educational, charitable, philanthropic, hospital, emergency services uses, a
firehall or other similar uses.
Kennel
Means any lot, building or structure on or within which 4 or more domesticated animals of more than 4
months of age are housed, groomed, bred, boarded, trained or sold, and which may offer minor medical
treatment but does not include a veterinary clinic or animal hospital.
Landscaped Area
Means an area not built upon and not used for any purpose other than as a landscaped area, which may
include grass, shrubs, flowers, trees and similar types of vegetation and appurtenances, but does not
include parking areas, parking lots, driveways or ramps.
Lane
Means a public thoroughfare or way, not more than 9 metres wide, which affords only secondary means
of access to abutting lots.
Library
A library, branch library or distribution station to which the provisions of the Public Libraries Act apply,
as amended.
Liquid Waste Disposal Facility
Means a site which has received a Certificate of Approval under the Environmental Protection Act, or
such equivalent approval as may exist from time to time under this or any other successor legislation, to
allow the site to be used for the purpose of disposing liquid waste materials.
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Loading Space
Means a space or bay located on a lot of which is used or intended to be used for the temporary parking
of any commercial vehicle while loading or unloading goods, merchandise or materials used in
connection with the main use of the lot or any building thereto, and which has unobstructed access to a
road or lane.
Lodging House
Means an establishment catering to the vacationing public by providing meals and sleeping
accommodation with at least 3 guest rooms or cabins, but shall not include a hotel, home or institution
licensed, approved or supervised under any other provincial legislation.
Lot
Means a parcel or tract of land described in a deed or other legal document which is legally capable of
conveying title and:
a. which is a whole lot within a Registered Plan of Subdivision, or lot within a Plan of Condominium
other than a Registered Plan of Subdivision which has been deemed not to be a Registered Plan
of Subdivision under a By-law passed pursuant to Section 50 of the Planning Act, S.O., 1990, c.
P.13, as amended; or
b. which is a legally separated parcel of land in existence on the date of passing of this By-law
without the owner holding the fee or the equity or redemption in, or power or right to grant,
assign or exercise a power of appointment with respect to any abutting land; or
c. the description of which is the same as in a deed which has received final consent to a
conveyance pursuant to Section 50 of the Planning Act, S.O., 1990, c. P.13, as amended.
d. Which is the whole remnant retained by an owner or owners after a conveyance is made with
final consent pursuant to Section 50 of the Planning Act, S.O., 1990, c. P.13, as amended, but for
the purpose of this paragraph no parcel or tract of land ceases to be a lot by reason only of the
fact that is part or parts of it has or have been conveyed to or acquired by the Township of Lake
of the Woods, Her Majesty in the Right of Ontario or Her Majesty in the Right of Canada; or,
e. Which is the subject of an order of the Ministry of Municipal Affairs pursuant to the provisions
of Section 57 of the Planning Act, S.O., 1990, c. P.13, as amended.
f. A lot includes the following sub-types:
Corner: A lot situated at the intersection of two or more streets, or at the intersection of a
street and a railway right-of-way, or a lot abutting on one or more parts of the same street, in
which an interior angle of less than one hundred and thirty-five (135) degrees is contained,
between the front and side lot lines abutting by the said street or streets.
Interior: A lot other than a corner lot.
Irregular: A lot where any interior angle formed by any two lot lines is other than ninety (90)
degrees.
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Through: A lot bounded on opposite sides by streets.
Waterfront: Means a lot which abuts a shoreline and may or may not also abut a street or lane.
Lot Area
The total horizontal area within the lot lines of a lot or if an island, the area of land above the normal
high water mark.
Lot Coverage
Means the combined area of all buildings or structures, but not including an outdoor swimming pool on
the lot, measured at the level of the lowest storey above grade, including all porches and verandas,
open or covered areas, but excluding open, unenclosed terraces at grade, steps, cornices, eaves, bay
windows, chimney breasts, corbelling and similar projections and open parking areas.
Lot Depth
Means the horizontal distance measure between the midpoint of the front lot line and the midpoint of
the rear lot line, and in the case of a 3 side lot, lot depth means the horizontal distance between the
midpoint of the front lot line and the apex of the triangle formed by the side lot lines.
Lot Frontage
Means the horizontal distance between the side lot lines of a lot measured at right angles.
a. where such lot lines are not parallel, the lot frontage shall be measured perpendicularly to the line
joining the midpoint of the front and midpoint of the rear lot lines at a point 7.5 metres back from the
front lot line.
b. where the side lines meet, the lot frontage shall be measured perpendicularly to the line joining the
apex of the triangle formed by the side lot lines and the midpoint of the front lot line at a point
measured 7.5 metres back from the front lot line.
c. where the front lot lines are curved, the lot frontage shall be measured along the line between the
interior side lot line and the intersection or the tangents to the street line, drawn through the front lot
line and exterior side lot line.
Lot Interior
Means a lot other than a corner lot which is situated between adjacent lots and has access to one road.
Lot Lines
Means the boundary lines of lot defined as follows:
a. Front lot line means:
i) in the case of an interior lot, the lot line dividing the lot from the road;
ii) in the case of a corner lot, the shorter lot line abutting the road unless each lot line is of equal length,
in which case the front lot line shall be the lot line where the principal access to the lot is provided;
iii) in the case of a through lot, the front lot line shall be the lot line where the principal access to the lot
is provided;
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iv) in the case of a waterfront lot, either the shoreline or the streetline shall be deemed the front lot
line.
b. Rear Lot Line means the lot line farthest from and opposite the front lot line.
c. Side Lot Line means a lot line other than a front or rear lot line.
d. Side Lot Line, Exterior means a side lot line that is also a street line.
Main Building
Means the building or structure in which is conducted the principal use for which the lot is used.
Main Wall
Means the exterior front, side or rear wall of a building, and all structural members essential to the
support of a fully enclosed space or roof.
Manufacturing Light
The assembly or repair or fabrication of goods and materials utilizing materials which have been
manufactured in another location and which does not produce waste water in excess of 4500 litres per
day, chemical by-products or utilize an area for outdoor storage of goods or materials except for
equipment or vehicles which are for sale, lease or hire.
Marina
Means a commercial establishment where a boathouse, boat storage, boat repair facilities, boat rental,
pier, dock or jetty facilities, or any combination thereof, are available for marine craft and may include a
pump for the fuelling of marine craft and a building or structure for the sale or repair of marine craft and
accessories.
Mineral Aggregate Operation
Means an operation that includes:
a. lands under license or permit, other than wayside pits and quarries, issued in accordance with the
Aggregate Resources Act;
b. lands not designated under the Aggregate Resources Act, established pits and quarries that are not in
contravention of this and other Township By-laws and including adjacent land under agreement with or
owned by the operator, to permit continuation of the operation; and
c. associated facilities used in extraction, transport, beneficiation, processing or recycling of mineral
aggregate resources and derived products such as asphalt and concrete, or the production of secondary
related products.
Mineral Mining Operation
Means operation, land and associated facilities, or past producing mines with remaining mineral
development potential that have not been permanently rehabilitated to another use, as regulated by
the Mining Act.
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Mineral Exploration
Means the exploration for metallic minerals such as gold, copper and nickel or the exploration for non-
metallic minerals such as mica and salt talc.
Mobile Home
Means any dwelling that is designed to be made mobile, and constructed or manufactured to provide a
permanent residence for one or more persons, but does not include a travel trailer or tent trailer or
trailer otherwise designed.
Mobile Home Park
Means a lot managed by a mobile home park operator, for the permanent placement of one or more
mobile homes or factory built park model homes or double-wide homes on individual mobile home
sites, and may include a park or place of recreation.
Mobile Home Site
Means a parcel of land within a mobile home park which is serviced and intended for the placement of
one mobile home.
Modular Home, Double-Wide or Twin-wide
Means a mobile home where the two halves of the unit have been joined and placed on a permanent
foundation, such as poured concrete or mortared concrete block foundation.
Modular Dwelling
Means a prefabricated single detached dwelling being so constructed or assembled that the shortest
side of such dwelling is not less than 6 metres in width.
Motel, Motor Hotel
Means one building, or 2 or more detached buildings, for the purpose of catering to the needs of the
travelling public by furnishing sleeping accommodations with or without supplying food, and shall
include a motor court, auto court, and all buildings liable to be licensed under the Liquor License Act,
and/or operating under the Tourism Act, as amended or revised from time to time.
Municipality
Means the Corporation of the Township of Lake of the Woods.
Navigable Waterway
Means a navigable body of water or stream as deemed under the Beds of Navigable Waters Act and
includes any body of water which is capable in its natural state or at normal water level of being
navigated by floating vessels for the purpose of transportation, recreation or commerce.
Non-Complying
Means a use, building, structure which is existing but does not meet, comply, or agree with the
regulations of this By-law, but is a permitted use, building or structure within the zone in which it is
located.
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Non-Conforming
Means a use, building or structure which is existing but which is not permitted in the zone in which it is
located.
Non-Residential
When used with reference to a building, structure or use, means designed, intended or used for the
purposes other than those of a dwelling.
Nursing Home
Means a place where accommodation and care are provided for one or more persons, who, by reason of
age or infirmity, are in need of same.
Obnoxious Use
Means an offensive trade within the meaning of the Public Health Act or any use which is offensive or
dangerous by reason of the emission of odour, smoke, dust, noise, gas fumes, vibration or refuse
matter.
Open Storage
Means the storage of goods, merchandise or equipment in the open air and in unenclosed portions of
buildings which are open to the air on one or more sides.
Park, Private
Means a park controlled or owned by a private individual, group or organization and which may not be
open to the public.
Park, Public
Means a park controlled or owned by the Municipality or a public authority and which is normally open
to the public.
Parking Lot
Means an area for the parking of vehicles and may include aisles, parking spaces and related entrance
and exit lanes, but shall not include any part of a road.
Parking Space
Means an area 3 metres by 6 metres enclosed in a building, or unenclosed, and set aside for the
temporary storage of a vehicle.
Parking Tandem
Means the parking of two or more vehicles one behind another in a row.
Peat Extraction and Processing
Means an operation that includes associated facilities used in extraction, processing or transport of peat
resources.
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Permitted
Means permitted by this By-Law.
Person
Shall include an individual, an association, a firm, a partnership, a corporation, a trust, an incorporated
company, an organization, a trustee or agent and their heirs, executers or other legal representatives of
a person to whom the same can apply according to law.
Personal Service Establishment
Means a building or part thereof in which persons are employed in furnishing services and otherwise
administering to individual and personal needs and may include the premises of a barber, hairdresser,
beautician and shoe repair establishment, Laundromat, and dry cleaning establishment but shall not
include an adult entertainment parlour. The sale of merchandise shall be permitted only as an accessory
use to the personal service provided.
Places of Worship
Includes, but is not limited to churches, chapels, temples, parish halls and synagogues including offices
for the administration of the religious institution, convents, seminaries, monasteries, rectories,
parsonages, parish houses, and associated day nursery.
Portable Asphalt Plant
Means a small, portable facility:
a. 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; and
b. which is not of permanent construction, but which is to be dismantled at the completion of the
construction project.
Portable Concrete Plant
Means a small, portable facility:
a. with equipment designed to mix and/or crush cementing materials, aggregate, water and admixtures
to produce concrete, and includes stockpiling and storage of bulk materials used in the process; and
b. which is not of permanent construction, but which is designed to be dismantled at the completion of
the construction project.
Private Club
Means a building or part thereof used as a meeting place for members of an organization not operated
for profit or of an athletic, social, recreational club not operated for profit.
Professional Office
Means a building or part thereof in which a legal, medical, or other professional service is performed or
consultation is given including, but not so as to limit the generality of the foregoing, the offices of a
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lawyer architect, a surveyor, an engineer or an accountant, but does not include a personal service
establishment, a business office, a veterinarian's clinic, an animal hospital or shelter.
Public Authority
Means any Federal or Provincial agency, school board, public utility commission, transportation
commission, public library board, board of parks management, board of health, board of commissioners
of police, planning board or other board or commission or committee or local authority established or
exercising any power or authority under any general or special statute of Ontario or Canada with respect
to any of the affairs or purposes of the Township or any portion thereof and includes any committee or
local authority established by By-law of the Township and Ontario Hydro.
Public Services
Means the buildings, structures and other related works necessary for supplying water, gas, oil,
electricity, steam, hot water, telephone services, telecommunication services, sewage collection and
treatment facilities and other services provided by a public authority.
Quarry
Means a place where consolidated rock has been or is being removed by means of an open excavation
or blasting, and includes the processing thereof for commercial purposes including screening, sorting,
washing, crushing, and other similar operations, required buildings and structures.
Recreation Use
Means the use of land for parks, playgrounds, tennis courts, lawn bowling greens, indoor and outdoor
skating rinks, athletic fields, golf courses, picnic areas, swimming pools, day camps, community centres,
skiing and other similar uses, together with necessary and accessory buildings and structures, but does
not include a track for racing animals, motor vehicles, snowmobiles, all terrain vehicles or motorcycles.
Recreational Vehicle or Boat Sales and Service Establishment
Means a building or place where new or used recreational vehicles, trailers, snowmobiles, boats, and
accessories are sold, rented or repaired.
Redevelopment
Means the creation of new residential units on land previously used for residential or non-residential
purposes, where demolition of the previous structures is to take place or has taken place.
Religious Retreat
Means the use of land for religious purposes and includes a place of worship, temporary sleeping
accommodation and sanitary facilities.
Renovate
Means to restore by improving or repairing to an earlier condition.
Residential Intensification
Means the creation of new residential units or accommodation in existing buildings or on previously
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developed land generally including the creation of accessory dwelling units conversion of non-residential
uses, infilling and redevelopment.
Residential Unit
Means the use of land, buildings or structures for human habitation.
Residential Use
Means the use of a building or structure of parts thereof as a dwelling or a residential unit.
Residential Use, Recreational
Means a dwelling which is used for intermittent residential occupancy
Resort
Means a tourist commercial use that operates throughout all or part of the year and that has facilities
for serving meals and furnishing equipment, supplies or services to persons in connection with
recreational purposes.
Resource Management
Means the use of land solely for the preservation and enhancement of the natural environment.
Restaurant
Means a building used for the purpose of serving food and/or refreshments including a licensed
establishment, and may include take-out food facilities as an accessory use.
Retail or Service Store
Means a building or part of a building where goods, wares, merchandise or articles are offered or kept
for sale at retail directly to the public.
Retirement Home
A residential use building containing rooming units or a combination of rooming and dwelling units,
providing residence mostly to senior citizens who do not require assistance with daily living, and which
may provide accessory health, personal service, and recreational services to serve the residents of the
home.
Riding Stable
An area of land, which is used as an educational centre for horse training, handling ,care, or for the
lodging of horses.
Right-of-Way
Means any right, liberty or privilege in, or along or under land which a person may have with respect to
any land in the Township.
Road
Means a public highway under the jurisdiction of the Township or the Province or as shown on a plan of
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subdivision with respect to which a subdivision agreement has been entered into which affords the
principal means of access to abutting lots, but does not include a public lane or right-of-way.
Road Allowance
Means land held under public ownership for the purpose of providing a road.
Rooming House
Means a building containing rooming units, and which may also contain dwelling units and an accessory
administration office.
Rooming Unit
A room, or a suite of rooms, that constitutes a separate, independent residential occupancy, but which
is not self-contained and which requires access to other parts of the principal dwelling or building
intended to serve the residents, including shower or bathtub facilities, kitchens, eating areas or
bathrooms.
Salvage Yard
Means a lot, building or structure used for wrecking, dismantling, storing or selling used goods, wares or
materials including but not so as to limit the generality of the foregoing rags, bones, bottles, metals,
clothing, furniture, paper, machinery, building materials, vehicles and parts thereof.
School
Means a school under the jurisdiction of a Board as defined in the Education Act a college, a university
or any other education establishment including, but not necessarily restricted to, a nursery school or a
boarding school having accessory dormitory facilities.
School, Commercial
Means a school operated by one or more persons for gain or profit.
School, Private
Means a school, other than a public school or a commercial school, under the jurisdiction of a private
board or trustees or governors, a religious organization or charitable institution.
School, Public
Means a school under the jurisdiction of a public agency.
Seaplane Base
Means the use of land, buildings, or structures for the purposes of docking, storing or repairing
seaplanes and for the supplying of associated services.
Seasonal Campground
Means an establishment that is owned and operated by a private club or organization for the boarding
and lodging of children during the summer months only, and may include such recreational activities as
boating, swimming crafts, riding, archery, etc.
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Service Industries
Means a bake shop, a public garage, including engine and body repair shop, a printing establishment, a
paint shop, plumbing shop, sheet metal shop, welding shop, vehicle inspection station, boat repair and
construction, small engine repair shop, woodworking shop and similar non-effluent producing uses.
Service Shop
Means a building or part thereof used for the sale or repair of household articles and includes radio,
television and appliance repair shops, but does not include industrial or manufacturing uses or vehicles
repair shops.
Service Station
Means "Automobile Service Station" as defined in this By-law.
Setback
Means the horizontal distance between the nearest part of any main wall of any building or structure
and the centre line of a road allowance right angles to such centre line.
Setback from Top of Bank
Means the horizontal distance from the point of the slope or bank where the downward inclination of
the land begins or the upward inclination of the land levels off to the nearest part of any main wall of
any building or structure.
Setback from Water
Means the horizontal distance between the normal or controlled high water mark of any navigable
waterway and the nearest part of any main wall of any building or structure.
Sewage Lagoon
Means a facility for the receiving and processing of sewage including, residential, commercial and
industrial waste.
Shopping Centre
Shall mean a building or group of buildings planned, designed, developed or managed as a unit, having
off-road parking provided on the same lot, and which building or buildings contain one or more retail
stores, and offices.
Shoreline
Means any lot line or portion thereof which abuts a navigable waterway.
Sight Triangle
Shall be determined by connection two points which are obtained by measuring a distance of 6.0 metres
drawn along each lot line abutting the street line from a point where the tangents of the lot lines
abutting the street lines intersect. Where a railway right-of-way and street intersect, no building or
structures, vehicles, open storage, landscaping, signage or any other use exceeding 6.0 metres of the
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street elevation shall be located within a 15.0 metre radius measured in all direction from the boundary
of the railway right-of-way.
Small Scale Commercial/Industrial Use
Shall mean the use of land or building for the purpose of buying and/or selling commodities and
supplying services separate from such uses as warehousing, transport terminals, construction and other
similar uses. The use shall be limited in area to not more than 93 square metres.
Solid Waste Disposal Facility
Means a facility for the long-term storage or destruction of solid waste, and includes a landfill site or
incinerator.
Storage Container
The trailer portion of a tractor-trailer unit or transport truck with or without the running gear, or a rail or
seaway container which is traditionally used for the shipping and transportation of goods and materials.
Storey
Means that portion of a building:
a. which is situated between the surface of any floor and the surface of the floor next above it and if
there is no floor above it, that portion between the surface of any floor and the ceiling above it, and
b. which is more than 50% above the average finished grade; and
c. which has a height of not less than 2 metres and includes an attic having not less than 2 metres
headroom for at least 50% of the attic floor area.
Storey, First
Means the lowest storey of a building whereby the ceiling is at least 1.5 metres above finished grade.
Street, Highway or Road
Shall be considered to be synonymous and have the meaning as defined for "Road".
Structure
Means anything that is erected, built or constructed of parts joined together and which is fixed to or
supported by the soil but not a terrace, patio, sign, boundary wall, fence, bridge or culvert.
Tavern
Means a building, where alcoholic beverages are sold to be consumed on the premises and shall include
all such buildings operating or liable to be licensed under the Liquor License Act as amended or revised
from time to time.
Taxi Stand
Means a lot or building used as a dispatch office and the parking of taxis and/or limousines when not
engaged in transporting persons or goods.
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Temporary Buildings
The temporary use of buildings and structures, including mobile homes, incidental to and accessory for
lawful construction work, shall be permitted in all zones, but only for so long as the same are necessary
for the construction work subject to an agreement with the Township.
Tourist Commercial
Means a tourist commercial use that operates throughout all or part of the year and that has facilities
for serving meals and furnishing equipment, supplies or services to persons in connection with
recreational purposes.
Tourist Home
Means a tourist establishment containing 3 or more guest rooms or cabins for hire for a single night or
for less than a week at a time and may include accommodation for permanent staff and a dining room,
meeting room, recreational facilities or similar uses.
Trailer
Means a vehicle so constructed that it is suitable for being attached to a motor vehicle for the purpose
of being drawn or propelled by a motor vehicle and capable of being used for temporary living, sleeping
or eating accommodation of persons, notwithstanding that such vehicle is jacked up or that its running
gear is removed. This definition shall not include a mobile home as defined herein.
Trailer Park
Means any land upon which any travel trailer tent, or tent trailer is used or intended to be used for
temporary occupation.
Use
When used as a noun, means the purpose for which any land, building or structure is designed, used or
intended to be used.
Use, Continuous
Means the continuous use of a lot, building or structure, notwithstanding a change of ownership of the
property where the use if located. The use shall further be deemed to be continuous if, after having
ceased, the same use recommenced within a period of one year from the date of cessation, and/or if a
structure is destroyed or damaged, it is rebuilt or repaired for the same use within a period of one year
from the date of its destruction or damage. This is in addition to the protection afforded by Section
34(9) of the Planning Act.
Vehicle
Includes a motor vehicle, trailer, traction engine, farm tractor, road-building machine, motorized snow
vehicle and any vehicle drawn, propelled or driven by any kind of power.
Vehicle Repair Shop
Shall mean a building or part thereof which contains facilities for the repair and maintenance of vehicle
and/or recreational vehicles on the premises, and in which vehicle accessories are sold and vehicle
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maintenance and repair operations are performed in return for remuneration, but does not any
establishment engaged in the retail sale of vehicle fuels.
Veterinary Clinic
Means a building wherein domestic animals/pets, birds, or livestock and farm animals are treated or
kept under the care of a licensed veterinary surgeon but shall not include long-term boarding facilities.
Warehouse
Means a building or part thereof which is used primarily for the housing, storage, adapting for sale,
packaging or distribution of goods, wares, merchandise, foodstuff, substances, articles or things, and
includes the premises of a warehouse attendant, but does not include a fuel depot.
Waste Disposal Area
Means a place where garbage, refuse, or domestic or industrial waste is disposed of or dumped.
Waste Disposal Cell
Means the actual physical location where wastes have been buried.
Watercourse
Means the natural channel for a stream of water and for the purpose of this By-law, includes any
watercourse shown on Schedule ''A'' and Schedule ''B'' of this By-law.
Waterfrontage
Means the boundary of a lot directly abutting an original shoreline reserve.
Wayside Pit or Quarry
Means a temporary open excavation made for the removal of soil, earth, clay, marl, silt, sand, gravel, or
consolidated rock, opened and used by a public authority, or person or company operating under the
authority of the Ministry of Transportation, solely for the purposes of road connection.
Wildlife Management
Means the management of species native to the immediate area. This may include stream
enhancement, planting or browse or shelter species, nesting boxes, nesting islands, ponds, dugouts and
trees.
Yard
Means an open space on the same lot with a main building or structure, unoccupied and unobstructed
from the ground to the sky, except as otherwise permitted by this By-law. In determining yard
measurements the minimum horizontal distance between the nearest wall of the main building or
structure and the respective lot lines measured perpendicular from the lot line shall be used:
1. Front Yard means a yard extending across the full width of a lot between the front lot line and
nearest main wall of the main building or structure on the lot;
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2. Rear Yard means a yard extending across the full width of a lot between the rear lot line and the
nearest main wall of the main building or structure on the lot;
3. Side Yard means a yard between the nearest side wall of a lot between the rear lot line and the
nearest main wall of the main building or structure on the lot;
4. Exterior Side Yard means a side yard immediately adjoining a public or private street or abutting a
reserve on the opposite side of which is located a private or public street; and
5. Interior Side Yard means a yard extending from the front yard to the rear yard and from the interior
side lot line to the nearest part of the principal building, structure or excavation on the lot.
Zone
Means a designated area of land shown on Schedule ''A'' attached hereto.
Zoned Area
Means all those lands lying within the corporate limits of the Township of Lake of the Woods.
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SECTION 3 ZONES AND ZONE MAP
3.1 Establishment of Zones
For the purpose of this By-law, the following Zones are established and they may be referred to by the
name or by the symbol set opposite the name of the zone below:
Rural Zone (R)
Residential Zone 1 (R1)
Waterfront Residential (WR)
Mobile Home Park Zone (MHP)
General Commercial Zone (C1)
Industrial Zone (M)
Institutional Zone (I)
Open Space Zone (OS)
Hazard Land Zone (HL)
Holding Zone (H)
3.2 Use of Zone Symbols
The symbols listed in Section 3.1 shall be used to refer to land, buildings and structures and uses thereof
permitted by this By-law in the said zones, and wherever in this By-law the word "Zone" is used
preceded by any of the said symbols, such zones shall mean any area within the Township of Lake of the
Woods delineated on the zoning maps and designated therein by the said symbol.
3.3 Interpretation of Zone Boundaries
Where any uncertainty exists as to the location of the boundary of any the said zones, as shown on the
zoning maps, the following shall apply:
1. Unless otherwise shown, the boundary of the zones as shown on the zoning maps and the
centre lines of the road allowance or lot lines and the projection thereof;
2. Where zone boundaries are indicated as approximately following lot lines shown on a plan of
subdivision, such lot lines shall be deemed to be the said boundary;
3. Where zone boundaries are indicated as approximately parallel to the line of any road and the
distance from such road is not indicated, such zone boundaries shall be construed as being
parallel to such road and the distance therefrom shall be determined by the use of the scale
shown on the zoning maps;
4. Unless otherwise indicated, a road, lane, railroad, or railway right-of-way or watercourse
included on the zoning maps, is included within the zone of the adjoining property on either side
thereof; and where such road, lane, right-of-way or watercourse serves as a boundary between
two or more different zones, a line midway in such road, lane, right-of-way or watercourse and
extending in the general direction of the long division thereof is considered the boundary
between zones, unless specifically indicated otherwise;
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5. In the event a dedicated road, lane or right-of-way shown on the zone maps is closed, the
property formerly in said road lane or right-of-way shall be included within the zone of the
adjoining property or either side of the said closed road lane right-of-way and the zone
boundary shall be the former centre line of the closed road, lane or right-of-way;
6. Where any zone boundary is left uncertain after application of the preceding provisions, then
the boundary line shall be determined according to the scale on the zoning maps in the office of
the Chief Building Official; and
7. Wherever it occurs, the municipal limit of the Township of Lake of the Woods is the boundary of
the zone adjacent to it.
3.4 Special Provisions
Whenever lands on Zoning Schedule have the zone symbol followed directly by a dash (-) and a number,
e.g. R-1, such lands shall be considered to have a "Special Provision" number and to have referenced to
a Zone category. The said lands shall be subject to the provisions of the relevant zone category an all
other provisions contained herein, and shall in addition, be subject to any special provisions or
exceptions provided for within the relevant Special Provision.
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SECTION 4 - GENERAL PROVISIONS
4.1 Application
The provisions of this section apply in all zones except as may be indicated otherwise.
4.2 Accessory Uses
Accessory uses, buildings or structures, are permitted in any yard, in any zone, subject to the provisions
of this By-law for the particular zone in which said building, structure, or use is located, and provided
that the accessory building, structure or use:
a. shall not be used for human habitation, except where a residential use is a permitted accessory use;
b. in a residential zone, shall not be located in the front yard or the exterior side yard, in the case of a
corner lot except for a garden suite which may be provided in a front yard or exterior yard subject to an
agreement with the Township. A farm help house may be permitted in the front yard in the Rural Zone
(R);
c. in a commercial and industrial zone shall not be built closer to the street than the main building is to
that street;
d. shall not be built closer than 1.2 metre to any lot line except;
i) that common semi-detached private garages or carports may be centred in the mutual lot line;
ii) that where a lot abuts an accessory building or structure may be located not less than 0.5 metres
from the said lane.
e. shall not exceed 10 percent coverage of the total lot area;
f. in a residential zone shall not exceed 4.5 metres in height, or contain more than one storey, except
that where a dwelling unit is a permitted accessory use it shall not exceed 6.0 metres in height, or
contain more than two storeys. In all other zones the maximum height shall not exceed 7.0 metres;
g. shall not be considered as an accessory building or structure if attached to the main building in any
way;
h. shall not be considered an accessory building or structure if located completely underground; and
i. may be permitted in the front yard of a lot having frontage on a lake or river.
j. notwithstanding any other provisions of this By-law, where a commercial use is permitted as an
accessory use in an industrial zone, it shall be located within the main building, shall not exceed 40
percent of the total floor area of the main building, and shall not exceed a maximum floor area of 278
square metres.
k. a storage container is a permitted accessory use in the Rural Zone (R) and the Industrial Zone (M) and
shall be used exclusively for the storage of goods and materials and may not be used to accommodate
work areas, shops, office uses, retail sales or human habitation.
4.3 Agricultural Separation Distances
New development shall be located away from existing livestock facilities or liquid manure storage
structures in accordance with the Minimum Distance Separation I Criteria and new or expanding
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livestock facilities or liquid manure storage structures shall be located away from existing non-farm
residential dwellings in accordance with the Minimum Distance Separation II Criteria of the Ministry of
Agriculture, Food and Rural Affairs. Notwithstanding any other provision of this By-law, the following
may be considered:
a. a residential use to be located on an existing lot of record 1.0 hectare or less in area in the Rural Zone
will not be required to comply with the Minimum Distance Separation I criteria; and
b. in the Rural Zone the Minimum Distance Separation II criteria will be measured from the nearest point
of an existing vacant lot of record 1.0 hectares or less in area to the nearest point of the proposed
livestock facility.
4.4 Automobile Wrecking Yards and Scrap Metal Yards
Where land is used for the purpose of an automobile wrecking yard or scrap metal yard or similar use,
the storage of derelict automobiles, scrap metal, junk and other material shall not be carried out in that
part of the land designated herein as the required front yard, required side yard, or required rear yard. A
natural or artificial screen or buffer strip shall be provided to obscure the subject property from the
street on which the lands abut and from any adjoining properties to the side or rear of the subject
property and shall be a minimum of 6.0 metres in width in compliance with Section 4.6 of this By-law.
4.5 Bed and Breakfast Establishments
Where permitted, a bed and breakfast establishment shall be subject to the requirements of the zone in
which it is located and the following:
a. be permitted only within an existing single detached and semi-detached residential dwelling;
b. be clearly secondary to the main residential use;
c. be operated by a resident of the dwelling in which the bed and breakfast establishment is located;
d. not contain more than 4 guest rooms; and
e. not provide outside display or advertising, other than a non-illuminated sign which shall not exceed
1.0 square metre in area indicating the name of the bed and breakfast establishment.
4.6 Buffer Strip
A buffer strip shall be used for no other purpose than for the erection of a fence or the planting of a
continuous row of natural evergreens or natural shrubs, immediately adjacent to the lot line or portion
thereof along which such buffer strip is required hereunder, the remainder of the strip shall be
landscaped and planted with ornamental shrubs, flowering shrubs, flower beds or a combination
thereof:
a. where a buffer strip is required in any zone, it shall be of a minimum width as specified in the
regulations for that zone.
b. a buffer strip shall be located within the zone for which it is required.
4.7 Continuation of Agricultural Use
Nothing herein contained shall prevent the continued use of any land, building or structure for farming
purposes, or any addition or extension of such use provided that any additions or extensions of such use
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shall comply with the requirements of Section 5 for a Rural (R) Zone as to coverage, height and yard
provisions.
4.8 Corner Lot Sight Restrictions
Notwithstanding any other provisions of this By-law, and except in a Commercial Zone on a corner lot,
within the triangular space included between the street lines for a distance of 6.0 metres from the point
of intersection, no building or structure including a fence or sign shall be erected and no shrubs or
foliage shall be planted or maintained which obstruct the view of a driver or a vehicle approaching
intersection.
4.9 Dangerous Uses
No land, building or structure shall be used in the Township of Lake of the Woods for the industrial
manufacture or distribution of coal oil, rock oil, fuel oil, burning fluid gas, naphtha, benzene, gasoline,
dynamite, dualene, nitroglycerine, gunpowder, petroleum products or other combustible or
inflammable or liquid material which is likely to create danger to health, or danger from fire or explosion
except as otherwise specifically provided for in this By-law.
4.10 Existing Lots
An existing vacant lot, having less than minimum frontage or lot area required by this By-law, may be
developed for all uses in the appropriate zone, provided all other regulations of this By-law are satisfied;
and
a. such lots can be safely serviced; and
b. such lots have a minimum frontage of 7.5 metres on a road.
4.11 Garden Suites
Garden suites shall be permitted as accessory temporary residential accommodation for a maximum of
twenty (20) years pursuant to Section 39 of the Planning Act and shall be considered accessory to a
permitted single-detached;
a. one garden suite may be authorized per lot;
b. the garden suite shall not be permitted to separate by consent from the main residential dwelling on
the lot;
c. the garden suite may be serviced from the main dwelling on the lot, subject to the approval of the
Northwestern Health Unit where required;
d. the addition of a garden suite is subject to the lot coverage provisions of the zone in which it is
located;
e. a garden suite shall be used solely for the temporary accommodation of persons who, because of age,
infirmity or illness require and receive care and supervision from the occupants of the single detached
dwelling located on the same lot therewith; and
f. a garden suite shall be one (1) storey, having a height not to exceed 4.6 metres;
g. a garden suite shall not be constructed or arranged as to constitute a travel trailer;
h. a mobile home may be used as a garden suite.
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As per the Planning Act regulations for garden suites, Council shall require the owner of the suite or any
other person to enter into an agreement with the Township dealing with such matters related to the
temporary use of the garden suite as the council considers necessary or advisable, including:
a. the installation, maintenance and removal of the garden suite;
b. the period of occupancy of the garden suite by any of the persons named in the agreement;
c. the monetary or other form of security that Council may require for actual or potential costs to
the Township related to the garden suite; and
d. connection to existing services (hydro, septic, well).
4.12 Group Homes
A group home, licensed by the appropriate Provincial Ministry, shall be permitted within any single
detached dwelling, a semi-detached dwelling or duplex dwelling, subject to the requirements of this
subsection:
a. a group home shall have a maximum of 6 residents, excluding staff or receiving family; and
b. save hereinafter provided, a group home in any zone in which single unit residential uses are
permitted shall not be within 5 kilometres of another group home in the Rural Zone.
4.13 Height Exceptions
The height regulations shall not apply to any ornamental dome, chimney, communications tower, power
transmission tower, storage silo, barn, cupola, steeple, church spire, water storage tank, elevator
enclosure, flag pole, television or radio antennae, grain elevator, windmill or weather monitoring device.
4.14 Home Industry
Where a home industry is permitted in particular zone, it shall:
a. have at least one permanent resident of the dwelling unit engaged in the business;
b. have not more than two persons, other than the owner, employed on a full-time basis;
c. have no external display or advertising, other than a non-illuminated sign which is a maximum size of
1.0 square metres;
d. screen, fence or buffer from view any external storage of materials, containers, or finished products
to maintain an attractive appearance;
e. not occupy more than 25% of the floor area of the dwelling unit including the floor area of the
basement used for the home industry or, if conducted entirely within an accessory building, the
accessory building shall not occupy more than 110.0 square metres;
f. be clearly secondary to the main residential use and not change the character of the dwelling unit as a
private residence or create or become a nuisance due to such matters as noise, smell, hours of
operation or traffic generation;
g. be located on the same lot as the residential use;
h. have access approval from the Ministry of Transportation for those home industries that access from
a Provincial Highway; and
i. have adequate area on the lot for parking and storage of all vehicles associated with the home
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industry and ensure that the home industry is suitably separated and buffered from adjacent residential
uses.
4.15 Home Occupation
Where a home occupation is permitted in a particular zone, it shall:
a. have at least one permanent resident of the dwelling unit engaged in the business;
b. have no external display or advertisement other than a non-illuminated sign which is a maximum size
of 1.0 square metre;
c. have no external storage of materials, containers or finished products;
d. not change the character of the dwelling as a private residence or create or become a nuisance;
e. not occupy more than 25% of the floor area of the dwelling unit including in the floor area any
basement area used as living quarters and any basement area used for home occupation;
f. have no outside storage of goods, wares, or merchandise other than those produced on the premises,
offered or exposed for sale or rent on such premises;
g. have not more than one person employed, including a contractor, who is not a permanent resident of
the dwelling unit.
4.16 Land Without Buildings
Where land is used for or in connection with any use but without any buildings or structures therein, all
yards required by the By-law on a lot in the respective use zone shall be provided and maintained as
yards and the applicable regulations shall apply, except where the land or lot is used for agriculture,
gardening or open space purposes not prohibited by this By-law in such use zone.
4.17 Loading Spaces
No person shall erect or use any building or structure in a Commercial or Industrial Zone which involves
the movement of goods, merchandise of materials, unless loading spaces are provided and maintained
in accordance with the following provisions:
a. Loading spaces are required under this By-law in accordance with the Loading Space Requirement
Table.
Minimum Gross Floor Area of Building
Minimum number of
loading spaces required
0 - 278 square metres
0
279 - 2,300 square metres
1
2,301 - 7,400 square metres
2
Over 7,400 square metres
3
b. Each loading space shall have a minimum width of 3.0 metres, and a minimum length of 7.5 metres
and a minimum vertical clearance of 4.5 metres, each space shall be visibly designated and marked;
c. Driveways used for ingress and egress shall be clearly marked.
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d. The loading space(s) shall be located in the interior side or rear yard unless such space or spaces are
removed from the street line a minimum distance of 15.0 metres.
e. Adequate driveway space to permit the safe manoeuvring, loading and unloading of vehicles on the
lot such that they do not cause an obstruction or a hazardous condition on adjacent streets or sidewalks;
f. Adequate drainage facilities in accordance with the requirements of the municipality;
g. Illumination of loading spaces shall be so arranged as to be diverted away from any adjacent
Residential or Open Space Zone;
h. Location of loading spaces to be restricted to the rear yard where a lot has access at both the front
and rear to a street or road.
i. The loading space requirements referred to herein shall not apply to any building in existence at the
date of passing of this By-law so long as the gross floor area, as it existed at such date, is not increased
by more than 300.0 square metres. If an addition is made to the building or structure, which increases
the gross floor area, then additional loading spaces shall be provided as required by this Section, in
accordance with the provisions of the Loading Space Requirement Table for such addition.
4.18 Mobile Homes
Mobile homes shall be permitted in all areas where a single detached dwelling is a permitted use.
Mobile homes shall be permitted as a garden suite as per the Garden Suite Section of this By-law.
4.19 Non-Compliance with Minimum Lot or Yard Requirements
1. Alterations to Non-Complying Buildings and Structures
Nothing in this By-law shall prevent the enlargement, renovation or repair of an existing legal non-
complying building or structure provided such enlargement, renovation or repair shall not increase any
existing non-compliance with an applicable zoning provision.
2. Use of Undersized Lots
Where a lot having less than the minimum lot area or frontage required by this By-law, exists on the
date of passing of this By-law or is increased in area or frontage but still does not meet the minimum
area or frontage requirements of this By-law, such lot may be used for a purpose permitted in the zone
in which it is located provided that all other applicable provisions in this By-law are met.
3. Rebuilding or Repair Permitted
Nothing in this By-law shall prevent the rebuilding or repair of a non-complying use, if such use is
destroyed by accidental fire or natural disaster after the effective date of this By-law provided that the
building or structure is built to its prior gross floor area or to a gross floor area which would not further
contravene any of the regulations of this By-law, at its prior location on the lot or at a location on the lot
that would not further contravene any of the regulations of this By-law and provided further that if the
use is altered in any way that the use would not further contravene any of the regulations of this By-law.
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4.20 Non-Conforming Uses
The provisions of this By-law shall not apply or prevent the use of any lot, building or structure for any
purpose prohibited by this By-law if such lot, building or structure was lawfully used for such purpose on
the date of passing of this by-law providing such use has been continuous since that date; nor to prevent
the erection or use for any purpose prohibited by this By-law of any building or structures the plans for
which have, prior to the date of the passing of this 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 and provided the erection of such building or structure is commenced within two
years after the date of the passing of the By-law, and such building or structure is completed forthwith
after the erection thereof is commenced.
4.21 Number Permitted
No person shall erect more than one dwelling unit on a lot, unless specifically allowed in a zone. No
person shall erect more than one main building on a lot except for commercial and industrial buildings
located in commercial or industrial zones and farm related buildings associated with a farming
operation.
4.22 Obnoxious Uses
Nothing in this By-law shall be construed to permit the use of land for the erection or use of a building
or structure for any purpose:
a. that is or likely to become a nuisance or offensive by the creation of noise or vibrations; or by reasons
of the emission of gas, fumes, dust or objectionable odour; or by reason of the unsightly storage of
goods, wares, merchandise, salvage, refuse matter or other such material; and
b. which by the nature of the materials used therein is declared under the Public Health Act, as amended
or revised or any regulations thereunder to be a noxious or offensive trade, business, or manufacture.
4.23 Occupancy of Partially Completed Buildings
No new building, except in the case of an apartment building shall be occupied before the main walls
and roof have been erected and the external siding and roofing have been completed, water and
sanitary services installed, kitchen and heating facilities have been installed and an occupancy permit
has been issued by the Chief Building Official. Any dwelling unit in an apartment building may be
occupied, provided that all of the above conditions area satisfied, notwithstanding that one or more of
the dwelling units have not been completed.
4.24 Outdoor Wood Burning Furnaces/Stoves
Outdoor wood burning furnaces or stoves may be permitted provided they are:
a. property vented;
b. separated a safe distance from the main and accessory buildings;
c. are located on the property so that the prevailing winds take the smoke away from adjacent
residential uses; and
d. a permit has been issued by the Chief Building Official
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4.25 Parking and Loading Areas Screen Requirements
A parking area designed for 4 or more vehicles and any loading area shall be screened from any abutting
residential use by a landscaped buffer strip, in compliance with Section 4.6 of this By-law.
4.26 Parking Areas Standards
Where in this By-law parking areas designed for 4 or more vehicles are required or permitted:
a. adequate drainage facilities shall be provided and maintained in accordance with the requirements of
the Municipality;
b. the parking area and approaches shall be surfaced with concrete, asphalt, crushed stone, gravel or a
combination thereof with a stable surface treated to prevent the raising of dust or loose particles;
c. the lights used for illumination of parking areas shall be so arranged as to divert the light away from
adjacent lots;
d. parking areas shall be within 90.0 metres of the location which it is intended to serve and shall be
situated in the same zone;
e. a strip of land not less than 3.0 metres wide lying within the lot in which the parking area is located
and along all boundaries of the said area shall be used for landscaping, excluding those areas used as
entrances and exits; and
f. each parking space shall be 3.0 metres by 6.0 metres and shall be provided with unobstructed access
to a street by a driveway, aisle or lane.
4.27 Barrier-Free Parking
Barrier-free parking spaces shall be a minimum of 3.7 metres wide and the minimum number required
to be provided shall be as follows:
Total Number of Parking Spaces
Required Number of Barrier-Free Parking Spaces
0-9
0
10-99
1
100-199
2
200 plus
3
4.28 Parking Requirements
a. No person shall, within any Residential Zone, use any part of any front yard except the driveway for
the parking or temporary storage of tent trailers, motor homes, travel trailers, truck campers, school
buses, converted buses or fifth wheel units;
b. where a building or structure accommodates more than one use, the required parking spaces shall be
the sum of the required parking spaces for each use;
c. where a building or structure has deficient parking spaces at the date of passing of this By-law to
comply with the requirements herein, this By-law shall not be construed to require the deficiency be
made up prior to the construction of any addition. However, no addition may be built and no change in
use may occur, the effect of which would increase the number of deficient parking spaces;
d. tandem parking of vehicles is permitted to accommodate the parking requirements for single
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detached dwellings, semi-detached dwelling units, duplex units, townhouse units, mobile homes, group
homes, home occupations and home industries.
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Off-street parking shall be provided in accordance with the following provisions:
TYPE OF USE OF BUILDING
MINIMUM PARKING REQUIRED
Single detached dwellings, semi-detached
dwellings, duplexes, and mobile home
1.5 spaces per dwelling unit rounded to the next
highest number
Multiple unit dwellings, townhouses, apartment
dwellings
1 space per dwelling unit
Senior citizens apartment house
1 space per dwelling unit
Schools
1 space for each teaching staff member, plus 1
additional space for each 20 square metre of
auditorium or gymnasium floor space
Places of worship
1 space for every 6 seats or 4.0 metres of bench
space of its maximum seating capacity
Hospital, nursing home
1 space for every 4 beds
Libraries
A minimum of 10 spaces or 1 space per 28 square
metres of building floor space, whichever is
greater
Group Homes
1 space for every 49 square metres of floor area
with a minimum of 2 spaces
Boarding house, rooming house, tourist home and
bed and breakfast establishment
1.5 spaces for every 2 rooms rented
Bowling alley
3 spaces per bowling lane
Curling rink
4 spaces per curling sheet
Clinic
6 spaces per practitioner
Offices, retail or service stores, home occupation
and home industry
1 space per 28 square metres of floor area
Auditorium, restaurants, take-out restaurants,
theaters, arenas, community centres, private clubs
and other places of assembly
1 space for each 28 square metres of floor area or
fraction thereof devoted to said use in addition to
the parking required for the dwelling
Hotels, motels, taverns
1 space per rental unit, plus 1 additional space for
each 9.0 square metres of floor area devoted to
public uses such as restaurants, taverns and other
eating places associated with motels and staff
houses
Industrial uses
1 space for each 93 square metres of floor area or
for each 3 employees whichever is greater
Golf courses
2 spaces per hole
Golf driving range
1 space for every 2 persons who can be
accommodated at one time
Riding stable
1 space for every 4 horses available for public
riding
Marinas
1 space per 28 square metres of retail floor area
plus 1 space for each boat slip
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4.29 Permitted Encroachments in Yards
Every part of any yard by this By-law shall be open and unobstructed by any structure, other than a
fence, deck or patio from the ground to the sky, provided however that those structures listed in the
following table shall be permitted to project into the yards indicated for the distances specified:
STRUCTURE
YARD IN WHICH PROJECTION IS
PERMITTED
MAX. PROJECTION FROM MAIN
WALL PERMITTED
Sills, belt courses, cornices,
eaves, gutters, chimneys,
parapets or pilasters
Any yard
0.5 metres
Fire escapes and exterior
staircases
Rear yard only
1.5 metres
Window bays
Any yards
1.0 metres
Balconies
Front and Rear yards for single
detached, semi-detached and
duplex dwellings; any yard for
apartment buildings
2.0 metres
Open roofed porches not
exceeding one storey in height;
covered terraces
Any yard
2.5 metres including eaves and
cornices
Canopies over entrances
Front and Rear yards only
3.0 metres
Gate house
Any yard in a Commercial or
Industrial Zone
1.0 metres from property
boundary
4.30 Permitted Public Uses
Notwithstanding anything else in this By-law, the provisions of this By-law shall not apply to the use of
any land or to the erection or use of any building or structure by any public authority provided that:
a. the lot coverage, setback and yard requirements prescribed for the zone in which such land, building
or structure is located are complied with, except electric power facilities;
b. no goods, material, or equipment are stored in the open in a residential zone, or within 30.0 metres
of a residential zone;
c. any building erected in a residential zone under the authority of this paragraph is designed and
maintained in general harmony with residential buildings of the type permitted in the said residential
zone; and
d. any parking and loading regulations are complied with.
4.31 Prohibited Uses
It shall be prohibited to use any land or to erect and use any building or other structure in any zone for
the purpose of wrecking yards, automobile salvage yards, a waste disposal site or processing facility, a
pit or quarry, the collection of rags, junk, any refuse, scrap iron, or other scrap metals unless such uses
are specifically listed as permitted uses within a particular zone.
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4.32 Road Frontage Required
No person shall erect any building or structure for permanent, year-round or full-time use unless the lot
upon which such building or structure is to be erected, except as otherwise specifically permitted by this
By-law, has lot frontage upon a road which has been assumed by the municipality, Province of Ontario
or some other road authority, and is maintained year round by such authority in such a manner so as to
permit its use by vehicular traffic. Notwithstanding the foregoing, a building or structure may be erected
upon a lot within a registered plan of subdivision in accordance with the provisions of a subdivision
agreement in respect of such plan by subdivision notwithstanding that the roads within such plan of
subdivision have not been assumed and are not being maintained by the municipality.
Notwithstanding anything to the contrary in this clause, buildings and structures accessory to
agricultural, forestry and mining uses, but not for human habitation are permitted in appropriate zones
where publicly maintained road frontage is not available.
4.33 Secondary Dwelling Unit
Any secondary dwelling units shall be developed in accordance with the following provisions:
a. A maximum of one secondary dwelling unit shall be permitted in single-detached dwellings where
permitted by this By-law, provided that:
i) it does not change the streetscape character along the street where it is located;
ii) it is not a stand-alone, principal unit capable of being severed;
iii) it only exists with, and must be contained within the same building as, its principal dwelling unit; and
iv) a building permit is required prior to the establishment of a secondary dwelling unit and must follow
the requirements of the Ontario Building Code.
b. The doorway entrance that leads to a secondary dwelling unit is limited to locations on the ground
floor only, except where building and fire codes dictate otherwise.
c. Parking for the secondary dwelling unit shall be provided in accordance with the parking provisions of
this By-law.
d. Notwithstanding any other provision in this By-law, the required parking space for a secondary
dwelling unit may be stacked behind the required parking space of the principle dwelling in the
driveway. The creation of the secondary dwelling unit must not eliminate a required parking space for
the principal dwelling unit.
e. Where secondary dwelling unit is located on a lot, no rooming units are permitted on the lot.
Secondary dwelling units must not be limited by, or included in, any density control requirement,
including for example, number of dwelling units and unit per hectare counts.
4.34 Service Stations, Public Garages and Gas Bars
a. Fuel pumps and fuel pump islands may be located in any required yard, however, no portion of any
fuel pump island shall be erected closer than 6.0 metres from any road allowance;
b. the minimum distance from the intersection of the front and side lot line to the nearest ingress or
egress ramp shall not be less than 9.0 metres;
c. the maximum width of a curb ramp at the front or side lot line shall not be more than 7.0 metres;
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d. the minimum distance between the ramps shall not be less than 9.0 metres;
e. a canopy or roof may be erected over fuel pump island, however, a minimum setback of 3.0 metres is
required between the extent of the canopy or roof shall be located within any sight triangle.
4.35 Services Required
Notwithstanding any other provisions of this By-law, no lands shall be used nor any building or structure
erected or used thereon unless the requirements of the Northwestern Health Unit and the Ministry of
the Environment are met for the use of private water supply and sewage treatment services for the
servicing of said land, buildings or structures.
4.36 Setback from Navigable and Non-Navigable Watercourses, Hazard Land and Municipal
Surface Drains
Notwithstanding any other provisions of this By-law, a building in any zone is required to be no nearer
than 15 metres from the top of bank of any watercourse, or municipal drainage ditch permanent or
intermittent, which may or may not be navigable. No development shall be located below the 324.6 GSC
elevation except non-habitable structures. In case of hazard lands no part of any building shall be
constructed closer than 15 metres to the nearest point of the area to which the hazardous condition is
deemed to exist.
4.37 Setbacks and Access on Provincial Highways
a. Where a lot abuts a Provincial Highway no dwelling shall be located within 8.0 metres of a highway
property limit or 26.0 metres from the highway centerline, whichever is greater.
b. Despite any other yard or setback requirement of this By-law to the contrary, no commercial,
industrial or multiple unit residential building or structure shall be located within 14.0 metres from the
highway property limit or 32.0 metres from the highway centerline whichever is greater.
c. The Ministry of Transportation shall be consulted for specific setback requirements along provincial
highways.
4.38 Setbacks on Municipal Roads
Notwithstanding any other provisions of this By-law, a building or structure in any zone on a public road
allowance which is less than 20 metres wide, shall be set back 10 metres plus the required minimum
front yard for that zone measured from the centre line of the road allowance.
4.39 Setback from Waste Disposal Site
Notwithstanding any other provisions of this By-law, a residential building in any zone is required to be
setback a distance of 500 metres from existing and former waste disposal cells.
4.40 Special Uses Permitted
Nothing in this By-law shall prevent the use of land or the use or erection of a building or structure for:
a. a scaffold or other temporary building or structure incidental to construction in progress on premises
for which a building permit has been granted, until such time as the work has been finished or
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abandoned;
b. a sign having an area of not more than 4.7 square metres incidental to construction in progress on
premises for which a building permit has been granted, until such time as the work has been finished or
abandoned;
c. a street sign or street light or yard light;
d. an authorized sign or signal;
e. a public election list or other proclamation of governmental authority; or
4.41 Structures in Water
No person shall erect, alter or use any structure located in a navigable water except in compliance with
the standards of the Lake of the Woods Control Board. The Lakes and Rivers Improvement Act and the
Navigable Waters Act, as revised or amended from time to time.
4.42 Temporary Buildings
The temporary use of buildings and structures, including mobile homes, incidental to and necessary for
lawful construction work will be permitted in all zones, but only for as long as the same are necessary
for the construction work subject to an agreement with the Municipality.
4.43 Truck, Bus and Coach Bodies or Trailers or Tents used for Human Habitation
a. Except as expressly permitted by this By-law no truck, bus, railroad car, caboose, coach or streetcar
body shall be used for human habitation whether the same is mounted on wheels or not; and
b. except as expressly permitted by this By-law, the use of tents and trailers for human habitation is
prohibited provided, however, that this provision shall not prevent the use of tents or trailers for
children's play or for picnics, or for the occasional accommodation of guests in a Residential Zone.
4.44 Wayside Pits and Quarries and Portable Asphalt Plants
a. Wayside pits and quarries and portable asphalt plants shall be permitted throughout the Township
without an amendment to the Official Plan and Zoning By-law, except in the Village of Bergland and
Village of Morson.
b. Wayside pits and quarries are not permitted within 90 metres of an existing residential use; and
c. Portable asphalt plants are not permitted within 300 metres of an existing residential use.
4.45 Yard and Open Space Provision for all Zones
No part of a yard or other open space required abutting any building for the purpose of complying with
the provisions of this By-law shall be included as part of a yard or other open space similarly required for
another building.
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SECTION 5 - RURAL ZONE (R) REGULATIONS
5.1
Permitted Uses
No land shall be used in the Rural Zone (R) except for the following purposes:
a) agricultural uses
b) forestry management uses
c) mining and mineral exploration
d) wildlife management
e) trapping
f) conservation uses
g) wayside pits and quarries
h) a single detached dwelling
i)
a farm help house accessory to an agricultural operation
j)
a mobile home
k) a modular dwelling
l)
a cottage, cabin or recreational residential use
m) peat extraction and processing
n) a home occupation
o) a home industry
p) kennel
q) commercial greenhouse
r) grain elevator and grain drying facility
s) small scale commercial/industrial uses
t) public recreational uses
u) portable asphalt plants
v) portable sawmill
w) airport and aircraft landing area
x) accessory uses
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5.2
Performance Standards and Zoning Regulations
The following zoning regulations shall apply to the permitted uses in the R Zone
Performance Standards and Zoning Regulations per Use
All other
Uses/Storage
Container as an
Accessory Use*
Residential Uses
Farm Help Houses
Small Scale
Commercial and
Industrial Uses
a) Minimum Lot
Area
4.0 hectares/4.0
hectares
0.4 hectares
N/A
i) Commercial Use 0.6
hectares
ii) Industrial Use 1.2
hectares
b) Minimum Lot
Frontage
100.0 metres
45.0 metres
N/A
60.0 metres
c) Maximum Lot
Coverage
10 percent
15 percent
N/A
15 percent
d) Minimum Front
Yard
15.0 metres/30.0
metres
7.5 metres
7.5 metres
15.0 metres
e) Minimum Side
Yard
15.0 metres/30.0
metres
3.0 metres
3.0 metres
15.0 metres
f) Minimum Exterior
Side Yard
15.0 metres/30.0
metres
7.5 metres
7.5 metres
7.5 metres
g) Minimum Rear
Yard
15.0 metres/30.0
metres
15.0 metres
15.0 metres
15.0 metres
h) Maximum
Building Height
10.5 metres
10.5 metres
10.5 metres
10.5 metres
i) Minimum
Dwelling Unit Area
60.0 square
metres
60.0 square
metres
45.0 square
metres
60.0 square
metres
j) Maximum Guest
Cabin
Area/Separation
Distance
N/A
Agricultural
Separation
Distance in
accordance with
Section 4.3
N/A
N/A
*In addition to the following provisions, a maximum of two storage container is allowed per property;
the storage container must be buffered from view on all sides, and a building permit is required.
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SECTION 6 - RESIDENTIAL ZONE 1 (R1) REGULATIONS
6.1
Permitted Uses
No land shall be used in the Residential Zone 1 (R1) except for the following purposes:
a) a single detached dwelling
b) a mobile home
c) a modular dwelling
d) a semi-detached dwelling
e) a home occupation
f) a home industry
g) a group home
h) a boarding house, rooming house or tourist home
i)
accessory uses
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6.2
Performance Standards and Zoning Regulations
The following zoning regulations shall apply to the permitted uses in the R1 Zone
Performance Standards and Zoning Regulations per Use
Single Detached
Dwelling
Mobile Home
and Modular
Dwelling
Semi-Detached
Dwelling
Boarding House,
Lodging House,
Tourist House
a) Minimum Lot
Area
0.4 hectares
0.4 hectares
0.8 hectares and 0.4
hectares per unit
0.4 hectares
b) Minimum Lot
Frontage
30.0 metres
30.0 metres
25.0 metres
i) municipal road
30.0 metres
ii) Provincial
Highway 45.0
metres
c) Maximum Lot
Coverage
20 percent
20 percent
20 percent
15 percent
d) Minimum Front
Yard
7.5 metres
7.5 metres
7.5 metres
i) on municipal road
7.5 metres
ii) on Provincial
Highway 14.0 metres
e) Minimum Side
Yard
2.0 metres
2.0 metres
4.0 metres, no side yard is
required for a semi-
detached dwelling between
the common vertical wall
dividing one unit from
another
4.0 metres
f) Minimum Exterior
Side Yard
7.5 metres
7.5 metres
7.5 metres on each side,
except that where an
entrance to a garage faces
an exterior side yard, the
exterior side yard shall be
6.0 metres
7.5 metres
g) Minimum Rear
Yard
15.0 metres
10.0 metres
15.0 metres
15.0 metres
h) Maximum
Building Height
10.5 metres
4.0 metres
10.5 metres
10.5 metres
i) Minimum Dwelling
Unit Area
60 square metres
45.0 square
metres
80 square metres
110 square metres
j) Maximum Guest
Cabin Area
N/A
N/A
N/A
28 square metres
k) Minimum Guest
Room Area
N/A
N/A
N/A
9 square metres
l) Minimum
Landscaped Space
N/A
N/A
N/A
10 percent
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SECTION 7 - WATERFRONT RESIDENTIAL ZONE (WR) REGULATIONS
7.1
Permitted Uses
No land shall be used in the Waterfront Residential Zone (WR) except for the following purposes:
a) a single detached dwelling
b) a mobile home
c) a modular dwelling
d) a recreational residential use
e) a home occupation
f) a home industry
g) a boarding house, rooming house or tourist home
h) conservation uses
i) accessory uses
7.2
Performance Standards and Zoning Regulations
The following zoning regulations shall apply to the permitted uses in the WR Zone:
Performance Standards and Zoning Regulations per Use
Single Detached Dwelling
Mobile Home and
Modular Dwelling
Boarding House, Lodging
House and Tourist House
a) Minimum Lot Area
0.4 hectares
0.4 hectares
0.4 hectares
b) Minimum Lot Frontage
30 metres
30 metres
30 metres
c) Maximum Lot Coverage
20 percent
20 percent
15 percent
d) Minimum Front Yard
7.5 metres
7.5 metres
7.5 metres
e) Minimum Side Yard
2.0 metres
2.0 metres
4.0 metres
f) Minimum Exterior Side
Yard
7.5 metres
7.5 metres
7.5 metres
g) Minimum Rear Yard
15.0 metres
10 metres
15 metres
h) Maximum Building
Height
10.5 metres
4.0 metres
10.5 metres
i) Minimum Dwelling Unit
Area
60 square metres
i)Mobile home 60 square
metres
ii)Modular Dwelling 60
square metres
110 square metres
j) Maximum Guest Cabin
Area
28 square metres
28 square metres
28 square metres; 9 square
metres for guest room area
7.3
Development on Crown Lands
Development on Crown Lands shall be in accordance with the requirements of the Ministry of Natural
Resources and will generally be for conservation uses.
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7.4
Access
Lots with water frontage and water access only must have boat launching, docking, vehicular parking
facilities and/or seaplane access to support the water access.
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SECTION 8 - MOBILE HOME PARK ZONE (MHP) REGULATIONS
8.1 Permitted Uses
No land shall be used in the Mobile Home Park Zone (MHP) except for the following purposes:
a) mobile homes
b) accessory uses
8.2 Performance Standards and Zoning Regulations
a) Minimum Lot Area
2.0 hectares
b) Minimum Site Area per Unit
275 square metres
c) Minimum Lot Frontage
90 metres
d) Maximum Lot Coverage
30 percent
e) Minimum Front Yard
9.0 metres
f) Minimum Side Yard
7.5 metres
g) Minimum Exterior Side Yard
9.0 metres
h) Minimum Rear Yard
9.0 metres
i) Minimum Landscaped Space
10 percent
j) Maximum Dwelling Height
4.0 metres
h) Minimum Dwelling Unit Area
45 square metres
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SECTION 9 - GENERAL COMMERCIAL ZONE (C) REGULATIONS
9.1 Permitted Uses
No land shall be used in the General Commercial Zone (C) except for the following purposes:
a) retail, service or convenience store
b) business or professional office
c) bank or financial institution
d) commercial or private club
e) entertainment facility
f) community centre
g) automobile service station, public garage, gas bar
h) florist
i) motor vehicle or recreation vehicle sales, leasing and storage establishment
j) personal service establishment
k) restaurant, tavern
l) animal hospital or veterinary clinic
m) car wash
n) Laundromat or dry cleaning establishment
o) bake shop or bakery
p) taxi service establishment
q) undertaking establishment
r) parking lot
s) builder's supply outlet
t) contractor's yard
u) gift shop or craft shop
v) grocery store
w) house boat rental establishment
x) commercial school
y) shopping centre
z) curling rink
aa) seasonal campground
bb) a tourist commercial use
cc) marina
dd) a bait shop
ee) a trailer park
ff) a tourist lodge, cabins or camp
gg) a motel
hh) hunting and fishing camps
ii) seaplane base and docking facilities
jj) boat launch and docking facilities
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kk) accessory manufacturing to a retail or service store provided the manufacturing does not exceed
50 percent of the floor area and the products manufactured are primarily for sale at retail on the
premises
ll) accessory uses, including an accessory single detached dwelling unit, mobile home or apartment
unit
9.2
Performance Standards and Zoning Regulations
The following zoning regulations shall apply to the permitted uses in the C Zone:
Performance Standards and Zoning Regulations per Use
Commercial
Uses
Automobile
Service
Stations and
Public
Garages
Seaplane and
Docking
Facilities
Accessory
Apartment
Dwelling Unit
Single
Detached
Dwelling
a)Minimum Lot
Area
0.6 hectares
0.8 hectares
0.6 hectares
In accordance
with the
zoning
regulations
set out in
Section 6.2 for
a single
detached
dwelling and
Section 6.3 for
a mobile
home.
b)Minimum Lot
Frontage
i) on Municipal
Road
ii) on Provincial
Highway
i) 30.0 metres
ii)45.0 metres
i) 36.0
metres
ii) 45.0
metres
46 metres
c)Maximum Lot
Coverage
60 percent
35 percent
30 percent
d)Minimum
Front Yard
i) on Municipal
Road 6.0
metres
ii) on
Provincial
Highway 14.0
metres
i) on
Municipal
Road 12.0
metres
ii) on
Provincial
Highway
14.0 metres
i) abutting a
road 9.0
metres
ii) abutting
water 20.0
metres
e)Minimum Side
Yard
2.0 metres
4.5 metres
7.5 metres
f)Minimum
Exterior Side
Yard
4.5 metres
7.5 metres
10.0 metres
g)Minimum Rear
Yard
6.0 metres
7.5 metres
7.5 metres
h)Minimum
Landscaped
Space
10 percent
10 percent
N/A
i)Maximum
Height
10.5 metres
10.5 metres
9.0 metres
j)Minimum Floor i) 28.0 metres
40 square
55 square
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Area
i) Guest Cabin
ii) Other Uses
ii) 60 square
metres
metres
metres
k)Buffer Strip
Where a General
Commercial Zone
(C) abuts a
residential,
institutional or open
space zone, a buffer
strip shall be
provided along the
property line having
a minimum width of
3.0 metres in
compliance with
Section 4.6
Where an
automobile
service
station or
public
garage abut
a residential,
institutional
or open
space use, a
buffer strip
shall be
provided
along the
property
line having a
minimum
width of 3.0
metres in
compliance
with Section
4.6
Where a
seaplane
launch and
docking
facilities abuts
a residential,
institutional
or open space
use, a buffer
strip shall be
provided
along the
property line
having a
minimum
width of 3.0
metres in
compliance
with Section
4.6
l)Outdoor
Storage
N/A
Outdoor
storage is
prohibited,
except for
merchandise
for sale
N/A
m) Minimum
Dwelling Unit
Area
i) Bachelor Unit
ii) One Bedroom
Unit
iii) Two
Bedroom Unit
N/A
N/A
N/A
i) 45 square
metres
ii)55 square
metres
iii) 65 square
metres
n) Minimum
Amenity Area
per Dwelling
Unit
N/A
N/A
N/A
9 square
metres
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SECTION 10 - INDUSTRIAL ZONE (M) REGULATIONS
10.1 Permitted Uses
No land shall be used in the Industrial Zone (M) except for the following purposes:
a) light industrial workshop
b) buildings to house automotive sales and service and scrap metal facilities
c) an equipment sales and servicing establishment
d) blacksmith or welder's shop
e) carpenter or joiner's shop
f) concrete products factory
g) warehouse
h) forest products processing plant
i) sawmill
j) commercial fish outlet or fish packing and processing plant
k) machine shop
l) hydro generating or distribution station
m) communication transmission facility
n) automobile wrecking yard or scrap metal yard
o) contractor's building and yard
p) bulk sales or warehouse sales establishment
q) abattoir
r) manufacturing, processing and assembly plant
s) waste disposal site
t) mining and mineral exploration
u) aggregate extraction and processing including crushing, screening, washing
v) wayside pits and quarries
w) portable asphalt plants
x) accessory uses including retail uses and a single detached dwelling unit or mobile home for a
caretaker or one person and his family employed by a manufacturing or industrial operation or
permitted use
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10.2
Performance Standards and Zoning Regulations
The following zoning regulations shall apply to the permitted uses in the M Zone:
Performance Standards and Zoning Regulations per Use
Industrial Uses/ Storage
Container as Accessory
Use*
Waste Disposal
Sites
Aggregate Extraction and
Processing Uses
Wayside Pits and
Quarries and
Portable Asphalt
Plants
Accessory
Dwelling
Unit
a) Minimum Lot
Area
1.2 hectares/4.0 hectares
20 hectares
4.0 hectares
In accordance with
the provisions of
Section 4.44
In
accordance
with the
provisions
set out in
Section 6.2
for a single
detached
dwelling or
Section 6.3
for a mobile
home
b) Minimum Lot
Frontage
i) Municipal road 40.0
metres
ii) Provincial Highway 45.0
metres
100.0 metres
100.0 metres
c) Maximum Lot
Coverage
35 percent
1 percent
1 percent
d) Minimum
Front Yard
15.0 metres/30.0 metres
30.0 metres
N/A
e) Minimum Side
Yard
10 metres/30.0 metres
30.0 metres
N/A
f) Minimum
Exterior Side Yard
10 metres/30.0 metres
30.0 metres
N/A
g) Minimum Rear
Yard
10 metres/30.0 metres
30.0 metres
N/A
h) Minimum
Landscaped
Space
10 percent
N/A
N/A
i) Maximum
Building Height
12 metres
10.5 metres
N/A
j) Minimum Floor
Area
140 square metres
N/A
N/A
k) Buffer Strip
Where an industrial use
abuts a residential,
institutional or open space
use, a buffer strip shall be
provided along the
property line having a
minimum width of 3.0
metres in compliance with
Section 4.6
Where a waste
disposal site abuts
a residential,
institutional or
open space zone a
buffer strip,
together with
screening
measures shall be
provided along
the property line
having a
minimum width
of 6.0 metres in
compliance with
Section 4.6
Where an aggregate use abuts
a residential, institutional,
commercial or open space use,
a buffer strip together with
screening measures shall be
provided along the property
line having a minimum width
of 6.0 metres in compliance
with Section 4.6
l) Retail Use Area
Maximum 5% of the
ground floor area or 278
square metres, whichever
is the greater
N/A
N/A
m) Outside
Storage
Outside operations and
storage of goods and
materials including refuse
containers are not
permitted within 9.0
metres of Residential
Zone. Outside operations
and storage of goods and
materials including refuse
containers shall be
permitted in the rear yard
N/A
N/A
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and interior side yard and
in the case of a corner lot,
not within the required
exterior yard setback.
Outside operations and
storage of goods and
materials including refuse
containers are to be
screened from the view of
adjacent streets by means
of fencing and/or
landscaping features
Minimum
Excavation
Setback
N/A
N/A
i) from lot line 15.0 metres
ii) from road allowance 30.0
metres
iii) from abutting lands use for
residential, institutional,
commercial or recreational
uses 30.0 metres
iv) from abutting any lands
zoned for Residential Uses
30.0 metres
Minimum
Setback for
Building,
Equipment,
Machinery, or
Stockpiling
N/A
N/A
i) from lot line 30.0 metres
ii) from road allowance 30.0
metres
iii) from lands used or zoned
for residential purposes 90.0
metres
Minimum
Setback for
Blasting
Operations
N/A
N/A
450 metres
*In addition to the following provisions, a maximum of three storage containers is allowed per property;
the storage container(s) must be buffered from view on all sides, and a building permit is required.
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SECTION 11 - INSTITUTIONAL ZONE (I) REGULATIONS
11.1 Permitted Uses
No land shall be used in the Institutional Zone (I) except for the following purposes:
a) hospital
b) clinic
c) public or private school or other educational institution
d) place of worship
e) library or cultural institution
f) government office
g) post office
h) fire hall
i) arena
j) curling club
k) community centre
l) nursing home or home for the aged
m) animal shelter
n) assembly hall, club or fraternal organization
o) cemetery
p) accessory uses
11.2
Performance Standards and Zoning Regulations
The following zoning regulations shall apply to the permitted uses in the I Zone:
a) Minimum Lot Area
0.4 hectares
b) Maximum Lot Coverage
40 percent
c) Minimum Front Yard
7.5 metres
d) Minimum Side Yard
5.0 metres
e) Minimum Rear Yard
7.5 metres
f) Maximum Building Height
10.5 metres
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SECTION 12 - OPEN SPACE ZONE (OS) REGULATIONS
12.1 Permitted Uses
No land shall be used in the Open Space Zone (OS) except for the following purposes:
a) public and private parks, playgrounds and sports and recreation facilities
b) picnic facilities
c) dock and launching ramp
d) conservation area
e) golf course
f) golf driving range
g) fair grounds
h) swimming pool
i) community centre
j) outdoor skating rink
k) arena
l) curling rink
m) religious retreat
n) accessory uses
12.2
Performance Standards and Zoning Regulations
The following zoning regulations shall apply to the permitted uses in the OS Zone:
a) Minimum Lot Area
0.4 hectares
b) Minimum Lot Frontage
30.0 metres
c) Maximum Lot Coverage
15 percent
d) Minimum Front Yard
10.0 metres
e) Minimum Side Yard
10.0 metres
f) Minimum Rear Yard
10.0 metres
g) Maximum Building Height
10.5 metres
h) Maximum Floor Area
50.0 square metres
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SECTION 13 - HAZARD LAND ZONE (HL) REGULATIONS
13.1 Permitted Uses
No land shall be used in the Hazard Land Zone (HL) except for the following purposes:
a) agricultural
b) forestry management uses
c) wildlife management, conservation area
d) electric power generation and transmission
e) mineral exploration
f) dwellings existing at the date of the passing of this By-law, and uses, buildings and structures
accessory thereto, but not conversions or enlargements thereof unless a use permit can be obtained
from the appropriate authorities.
g) public and private parks, including playgrounds, picnic facilities, sport fields, tennis courts, golf
course, outdoor natural rinks and docks.
13.2 Fill
No fill shall be placed on or removed from land in the Hazard Land Zone (HL) whether originating on
such lands or elsewhere without the approval of the Ministry of Natural Resources.
13.3 Performance Standards and Zoning Regulations
a) Minimum Building Setback
15 metres from top of bank and along the shoreline of the Little Grassy River, Big Grassy River and Lake
of the Woods, no buildings shall be located below 324.6 metres (C.G.D.) with the exception of docks and
boathouses.
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SECTION 14 - HOLDING ZONE (H) REGULATIONS
14.1 Holding Symbol
The Holding Zone (H) limits development on lots to which it applies until such time as Council adopts a
by-law, pursuant to Section 35 of the Planning Act, 1990, removing the Holding (H) symbol. When the
Holding (H) symbol is removed, the regulations of the parent zone which applies to the lot will come into
force.
14.2 Permitted Uses
No land shall be used in the Holding Zone (H), except for the following purposes:
a) existing uses
b) accessory uses
14.3 Performance Standards and Zoning Regulations
a) Minimum Lot Area
as existing
b) Minimum Lot Frontage
as existing
c) Maximum Lot Coverage
10 percent
d) Maximum Height
10.5 metres
e) Minimum Floor Area
70 square metres
f) Minimum Front Yard
7.5 metres
g) Minimum Side Yard
7.5 metres
h) Minimum Rear Yard
7.5 metres