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PREAMBLE
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
i
Preamble
This Section provides an overview of the structure of this By-law and describes generally how
each Section of this By-law should be used. This Section is provided for information purposes
only and does not form part of the By-law.
Sections of the By-law
The Zoning By-law is comprised of the following Sections, which are described briefly as
follows:
Section 1.0: General
Section 1.0 addresses legal matters of the By-law, including its name, scope and other
matters.
Section 2.0: Interpretation
Section 2.0 addresses how the By-law is to be interpreted with respect to the use and meaning
of terms, and the interpretation of special use regulations.
Section 3.0: Administration
Section 3.0 addresses the administration of the By-law and the relationship of the By-law to
issuance of building permits, certificates of occupancy and other administrative or legal
matters.
Section 4.0: Definitions
The Zoning By-law is a legal document, and as such, it must be clear and easily interpreted in
order to be effective. Section 4.0 provides the definitions for terms and uses identified within
this By-law. In some cases, the definition of a term may be technical in nature, and as such,
understanding the definitions is critical to ensuring conformity with the Zoning By-law. For
some technical or complex definitions, a diagram may be provided to help clarify the meaning
of a term, for illustration purposes only. Where a definition for a term is provided in Section 4.0,
the term is italicized in the text of the By-law.
Section 5.0: Zones and Zoning Maps
Section 5.0 establishes the zones, zone symbols and the zoning maps (Schedule A). Section
4.0 also provides provisions regarding the interpretation of the zoning maps, as well as holding
symbol (h) provisions. For convenience, each zone established in the By-law is given a zone
symbol, usually consisting of one or two capitalized letters and possibly a number, and written
with no spaces (e.g., R1 is the zone symbol for the Residential Type 1 zone). The zoning maps
illustrate the zoning of the Town by assigning zone symbols to delineated areas in the Town.
PREAMBLE
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
ii
Since there may be some degree of uncertainty regarding the interpretation of the zoning maps
(i.e., the exact extent of the zones), Section 5.0 also provides direction on how the zoning
maps shall be interpreted.
Section 6.0: General Provisions
Section 6.0 contains the provisions that are applicable to all of the zones, and may be
applicable to particular uses, buildings or structures. All forms of development and all changes
in land use must comply with all of the applicable general provisions. The general provisions
regulate such matters as: general requirements for setbacks, yards, lot frontage, etc.; uses
permitted or prohibited in all zones; specific use regulations; requirements for parking, access,
driveways, and loading; regulations for accessory uses, buildings and structures; permitted
yard encroachments; regulations regarding landscaping and buffering; regulations regarding
development in floodplains and hazard lands; regulations for development within or in close
proximity of woodlots, wetlands, significant valley lands and environmentally significant areas;
and other provisions.
Section 7.0: Permitted Uses
Section 7.0 identifies the uses that are permitted in each of the zones. The permitted uses are
organized in a tabular format for ease of reference and to allow a comparison of the permitted
uses across all of the zones. Each of the permitted uses are subject to the applicable Zone
Regulations provided in Section 8.0 in addition to the General Provisions and the site specific
use qualifications provided in Section 6.0, where applicable.
Section 8.0: Zone Regulations
Section 8.0 identifies the zoning regulations for each of the zones. Each Section provides
regulations for one or more zones, which are grouped by land use category (i.e., residential
zones, hamlet zones, commercial zones, mixed use zones, employment zones, institutional
zones, agriculture zone, environmental protections, parks and open space zones, and urban
reserve zone). The regulations for similar zones are arranged in tabular format to allow a
comparison of the zones. Users should refer to Section 7.0 for a list of the uses that are
permitted in each of the zones.
Section 9.0: Zone Exceptions
Each zone may also include a number of exception zones, which are listed in Section 9.0 and
organized by zone category. Exception zones are usually applied to a single property, but may
be applicable to more than one property. Exception zones may provide specific regulations,
additional permitted uses, or a restricted list of permitted uses that apply to all properties that
are zoned with the exception. Unless specifically stated in the regulations for each exception
zone, the zone regulations that apply to the parent zone, the General Provisions (Section 6.0),
the list of Permitted Uses (Section 7.0) and the applicable zone regulations (Section 8.0) will
PREAMBLE
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
iii
still apply to the exception zone. Exception zones are in the format of the zone symbol followed
by a dash ("-") and a unique exception number. For example, R1-1 is Residential Exception 1
to the R1 zone. Unless otherwise stated, these exception zones are subject to the General
Provisions (Section 6.0), Permitted Uses (Section 7.0) and the applicable zone regulations
(Section 8.0).
Schedules
Schedule A illustrates the zoning in the Town. Schedule A also illustrates, as overlays, the
following natural heritage features and natural hazards which are subject to the General
Provisions of Section 6.0: the Lake St. Clair Floodprone Areas/Inland Floodplain Development
Control Area, Limit of the Regulated Area, and a natural heritage system overlay (which
includes Woodlands and Significant Valley Lands, as identified in the Town of Lakeshore
Official Plan). Regulations related to development within or in close proximity to the natural
heritage overlay are included in the General Provisions. It is noted that evaluated wetlands and
environmentally significant areas, which are also identified in the Official Plan, are zoned
Wetland (W) and Environmental Protection (EP), respectively, and therefore are not included in
the natural heritage overlay. General provisions are provided to regulate development in
zones that are adjacent to or in close proximity to wetlands and environmentally significant
areas. The zone regulations for the W and EP zones regulate development within these
identified features.
Schedule B illustrates the required intermittent and continuous street frontages in the County
Road 22 Corridor Special Planning Area, which establishes minimum and maximum front yard
setbacks and building frontage areas on lots that fall within the County Road 22 Corridor. This
schedule must be read in conjunction with the general provisions for the County Road 22
Corridor (Section 6.17).
Schedule C illustrates the Central Area zone within Belle River, within which the Town may
consider the collection of cash-in-lieu or parking in accordance with the provisions of Section
6.41.2 u) (Parking Areas and Other Parking Provisions).
TABLE OF CONTENTS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
iv
TABLE OF CONTENTS
1.0
GENERAL ..................................................................................................................... 1
1.1
TITLE ................................................................................................................... 1
1.2
APPLICATION ........................................................................................................ 1
1.3
SCOPE ................................................................................................................ 2
1.4
APPLICATION OF OTHER BY-LAWS ......................................................................... 2
1.5
PERMITTED USES ................................................................................................. 2
1.6
GREATER RESTRICTIONS OF OTHERS TO GOVERN .................................................. 2
1.7
VALIDITY AND SEVERABILITY .................................................................................. 2
1.8
EFFECTIVE DATE .................................................................................................. 2
2.0
INTERPRETATION....................................................................................................... 3
2.1
GENERAL ............................................................................................................. 3
2.2
SPECIAL USE REGULATIONS FOR DEFINED AREAS .................................................. 3
3.0
ADMINISTRATION ....................................................................................................... 5
3.1
ADMINISTRATION .................................................................................................. 5
3.2
LICENSES AND PERMITS ........................................................................................ 5
4.0
DEFINITIONS ............................................................................................................... 7
5.0
ZONES AND ZONING MAPS ..................................................................................... 47
5.1
GENERAL ........................................................................................................... 47
5.2
ESTABLISHMENT OF ZONES ................................................................................. 47
5.3
USE OF ZONE SYMBOLS ...................................................................................... 48
5.4
DEFINED AREAS ................................................................................................. 48
5.5
HOLDING ZONE (H) PROVISIONS .......................................................................... 49
5.6
INCORPORATION OF ZONING MAPS ...................................................................... 53
5.7
APPLICATION OF REGULATIONS ........................................................................... 53
5.8
INTERPRETATION OF ZONE AND DEFINED AREA BOUNDARIES ................................. 54
6.0
GENERAL PROVISIONS ........................................................................................... 55
6.1
APPLICATION OF GENERAL PROVISIONS ............................................................... 58
6.2
ABATTOIR .......................................................................................................... 58
6.3
ACCESSORY DWELLING UNIT ............................................................................... 58
6.4
ACCESSORY RETAIL USE .................................................................................... 59
6.5
ACCESSORY USES, BUILDINGS AND STRUCTURES ................................................. 59
6.6
ADDITIONAL REQUIREMENTS RESPECTING EASEMENTS ......................................... 61
6.7
AGRICULTURAL LAND USE GUIDE ........................................................................ 61
6.8
AGRICULTURAL HOME OCCUPATION .................................................................... 61
6.9
AGRICULTURAL IRRIGATION PONDS ...................................................................... 62
6.10 AGRICULTURAL USE - VALUE ADDED ................................................................... 62
TABLE OF CONTENTS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
v
6.11 AUTOMOBILE SERVICE STATION, AUTOMOBILE REPAIR ESTABLISHMENT AND
AUTOMOBILE SALES AND SERVICE ESTABLISHMENT ............................................... 63
6.12 BALCONIES, DECKS AND PATIOS .......................................................................... 64
6.13 BED AND BREAKFAST ESTABLISHMENT.................................................................. 65
6.14 BUFFER STRIP .................................................................................................... 65
6.15 CONVERSION OF SEASONAL DWELLINGS FOR PERMANENT OCCUPANCY .................. 66
6.16 CONVERTED DWELLING ....................................................................................... 66
6.17 COUNTY ROAD 22 STREET FRONTAGES ................................................................ 66
6.18 DANGEROUS USES .............................................................................................. 67
6.19 DRIVE-THROUGH AND STACKING SPACES ............................................................. 67
6.20 DWELLING UNITS PER LOT ................................................................................... 69
6.21 EXISTING LOT ..................................................................................................... 69
6.22 FARM WINERY .................................................................................................... 69
6.23 GREENHOUSE FARM ............................................................................................ 70
6.24 GROUP HOME DWELLING ..................................................................................... 71
6.25 HEIGHT RESTRICTION EXCEPTIONS ...................................................................... 71
6.26 HOME INDUSTRY ................................................................................................. 72
6.27 HOME OCCUPATION ............................................................................................ 72
6.28 KENNEL .............................................................................................................. 73
6.29 LANDSCAPED OPEN SPACE .................................................................................. 73
6.30 LANDSCAPING AND BUFFERING ............................................................................ 74
6.31 LANDS EXHIBITING HAZARDOUS CONDITIONS ........................................................ 74
6.32 MINIMUM DISTANCE SEPARATION ......................................................................... 74
6.32.1 MARIHUANA FOR MEDICAL PURPOSES PRODUCTION FACILITY AND INDUSTRIAL HEMP
PRODUCTION FACILITY...........................................................................75
6.33 MUSHROOM FARM .............................................................................................. 76
6.34 NATURAL HAZARDS AND FLOOD PROTECTION PROVISIONS ..................................... 77
6.35 NATURAL HERITAGE OVERLAY ............................................................................. 78
6.36 NON-COMPLIANCE WITH MINIMUM LOT OR YARD REQUIREMENTS ........................... 79
6.36.1
Permission and Enlargements of Legal Non-Complying Buildings and Structures .... 79
6.36.2
Permitted Exterior Extension ...................................................................................... 79
6.36.3
Permitted Interior Alteration ........................................................................................ 80
6.37 NON-CONFORMING USES .................................................................................... 80
6.37.1
Continuation of Existing Uses ..................................................................................... 80
6.37.2
Building Permit Issued ................................................................................................ 80
6.37.3
Discontinued Non-Conforming Use ............................................................................ 80
6.38 NOXIOUS USES ................................................................................................... 80
6.39 NURSERY AND GARDEN STORE ............................................................................ 80
6.40 OUTDOOR STORAGE ........................................................................................... 81
6.41 PARKING, LOADING AND ACCESS REQUIREMENTS .................................................. 81
TABLE OF CONTENTS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
vi
6.41.1
Parking Requirements ................................................................................................ 81
6.41.2
Parking Areas and Other Parking Provisions .............................................................. 85
6.41.3
Loading Regulations ................................................................................................... 89
6.41.4
Driveway Regulations ................................................................................................. 89
6.42 PERMITTED ENCROACHMENTS IN YARD SETBACKS ................................................ 90
6.42.1
Encroachment and Height of Landscaping ................................................................. 91
6.43 PERMITTED PUBLIC AND OTHER SERVICES ........................................................... 91
6.44 PORTABLE BATCHING OR RECYCLING PLANT, CONCRETE OR ASPHALT AND WAYSIDE
PITS AND QUARRIES ........................................................................................... 92
6.45 PROPANE STORAGE AND HANDLING ..................................................................... 92
6.46 RECREATIONAL VEHICLE AND UTILITY TRAILER STORAGE ...................................... 92
6.47 RESOURCE EXTRACTION OPERATION OR RESOURCE EXPLORATION USE ................ 93
6.48 SATELLITE DISHES.............................................................................................. 93
6.49 SECONDARY FARM DWELLING ............................................................................. 93
6.50 SEPARATION OF DWELLINGS FROM RAILWAYS ...................................................... 94
6.51 SERVICING REQUIREMENTS FOR ALL DEVELOPMENT ............................................. 94
6.52 SETBACKS ON STREETS ...................................................................................... 94
6.53 SIGHT TRIANGLES .............................................................................................. 95
6.54 SIGNS AND FENCES ............................................................................................ 95
6.55 STREET FRONTAGE REQUIRED ............................................................................ 95
6.56 THROUGH LOTS ................................................................................................. 96
6.57 YARD AND OPEN SPACE PROVISIONS FOR ALL ZONES ........................................... 96
6.58 TEMPORARY CONSTRUCTION USES ..................................................................... 96
6.59 TRUCK, BUS AND COACH BODIES, RECREATIONAL VEHICLES, TRAILERS OR TENTS OR
SHIPPING CONTAINERS USED FOR HUMAN HABITATION OR STORAGE ..................... 96
6.60 UNLAWFUL USES ................................................................................................ 97
6.61 USES PERMITTED IN ALL ZONES ........................................................................... 97
6.62 USES PROHIBITED IN ALL ZONES .......................................................................... 98
6.63 WASTE AREA ENCLOSURES ................................................................................ 98
7.0
PERMITTED USES .................................................................................................. 100
8.0
ZONE REGULATIONS ............................................................................................. 106
8.1
URBAN RESIDENTIAL ZONE REGULATIONS .......................................................... 106
8.2
RESIDENTIAL MOBILE HOME PARK ZONE REGULATIONS ...................................... 109
8.3
RESIDENTIAL WATERFRONT ZONE REGULATIONS ................................................ 110
8.4
HAMLET ZONE REGULATIONS ............................................................................ 112
8.5
COMMERCIAL ZONE REGULATIONS .................................................................... 115
8.6
MIXED USE ZONE REGULATIONS ....................................................................... 119
8.7
EMPLOYMENT ZONE REGULATIONS .................................................................... 122
8.8
INSTITUTIONAL ZONE REGULATIONS ................................................................... 123
TABLE OF CONTENTS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
vii
8.9
AGRICULTURE ZONE REGULATIONS .................................................................... 124
8.10 ENVIRONMENTAL PROTECTION, PARKS AND OPEN SPACE ZONE REGULATIONS ..... 125
8.11 URBAN RESERVE ZONE REGULATIONS ................................................................ 127
9.0
ZONE EXCEPTIONS ................................................................................................ 129
Schedules
Schedule A: Zone Maps
Schedule B: County Road 22 Corridor Special Planning Area: Street Frontages
Schedule C: Cash-in-Lieu of Parking
1.0 GENERAL
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
1
THE CORPORATION OF THE
TOWN OF LAKESHORE
COMPREHENSIVE ZONING BY-LAW
BY-LAW NUMBER
2 - 2012
A By-law to regulate the use of land and the character,
location and use of buildings and structures in the Town
of Lakeshore.
WHEREAS it is considered desirable to regulate the use of land, and the character and
location of buildings and structures for the promotion of public health, safety, general
convenience and well-being of the Town of Lakeshore;
AND WHEREAS there is an Official Plan in effect in the Town of Lakeshore;
AND WHEREAS this By-law is deemed to be in conformity with the Town of Lakeshore Official
Plan;
AND WHEREAS authority is granted to the Council of the Corporation of the Town of
Lakeshore under Section 34 of the Planning Act, R.S.O., 1990, c.P.13 as amended, to pass
this By-law;
NOW THEREFORE the Council of the Corporation of the Town of Lakeshore hereby repeals
By-law 245 in the former Town of Belle River, By-law 4170-ZN-94 in the former Township of
Maidstone, save and except for By-law 4170-ZN-94 as it relates to the properties municipally
described as 1467, 1469, 1477, 1481, 1483, and a portion of 1489 County Road 22 as shown
on Schedule "A" Map 17 and Map 20 of By-law 2-2012, By-law 231-Z-93 in the former
Township of Rochester, By-law 6-86 in the former Township of Tilbury North and By-law 1711
in the former Township of Tilbury West, and all amendments thereto, and enacts as follows:
1.0
General
1.1
Title
This By-law may be cited as the "Town of Lakeshore Zoning By-law".
1.2
Application
The provisions of this By-law shall apply to all lands, buildings and structures, within the
boundaries of the Town.
1.0 GENERAL
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
2
1.3
Scope
No person shall within any zone or defined area use any land or erect, build, construct,
reconstruct, relocate, excavate for, alter, add to, enlarge, extend or use any building or
structure, except in conformity with this by-law for the zone or defined area in which such land,
building, structure or use is located.
1.4
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 the Ontario Building Code or any other By-law of the Town in force from time
to time or the obligation to obtain any license, permit, authority or approval required under any
By-law or by the Town or by any other regulation of the County, Province of Ontario or
Government of Canada.
1.5
Permitted Uses
Any use not specifically permitted by this By-law within a defined zone shall not be permitted in
the Town. A use which is defined, but not specifically permitted by this By-law within a defined
zone or by a zone exception shall not be permitted.
1.6
Greater Restrictions of Others to Govern
Nothing in this By-law shall reduce the severity of restrictions lawfully imposed by a
governmental authority having jurisdiction to make such restriction.
1.7
Validity and Severability
Should any Section, clause or provision of this By-law, including any part of the zones as
shown on Schedule "A", be held by a court of competent jurisdiction to be invalid, the validity of
the remainder of the By-law shall not be affected.
1.8
Effective Date
This By-law shall come into force on the date of passage by the Council of the Town of
Lakeshore.
2.0 INTERPRETATION
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
3
2.0
Interpretation
2.1
General
a)
Minimum Requirements: In interpreting and applying the provisions of this By-
law, the said provisions are held to be the minimum requirements for the
promotion of the health, safety, comfort, convenience, and general welfare of
the inhabitants of the Town.
Except for those specifically stated as being maximum, any numerical figures
in this By-law shall be the minimum requirements.
Meaning of Use: Unless the context otherwise requires, the expression "use" (as a verb) or "to
use" in this By-law, shall include anything done or permitted by the owner or occupant of any
land, building, or structure, 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, building or structure.
Meaning of Shall: In this By-law, the word "shall" will always be construed as mandatory.
Meaning of Building or Structure: A "building" or "structure" as defined herein shall include any
part thereof.
Number: In this By-law, words importing the singular number shall include more persons,
parties, or things of the same kind than one, unless a contrary intention appears.
2.2
Special Use Regulations for Defined Areas
To each defined area within any zone, there shall apply such special use regulations as may
be established by this By-law with respect to such defined area and in addition to such special
regulations, all provisions of this By-law, including the general regulations applicable to the
zone within which the defined area is located shall apply to the defined area; provided that,
unless a contrary intention appears from the special use regulations:
a)
If the special use regulations are different from the corresponding regulations
of this By-law, including the general regulations applicable to the zone within
which the defined area is located, the special regulations shall supersede and
prevail over such corresponding regulations of this By-law.
b)
If the special use regulations establish one or more specifically permitted uses
for the defined area, such permitted use or uses shall be the only purpose or
purposes for which the defined area may be used, unless otherwise specified.
If the special use regulations specifically permit one or more uses in addition to those
otherwise permitted in the zone within which the defined area is located, any and all of the
other special use regulations applicable to the defined areas shall apply only to the additional
2.0 INTERPRETATION
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
4
permitted use or uses, and not to uses otherwise permitted in the zone, unless otherwise
specified.
3.0 ADMINISTRATION
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
5
3.0
Administration
3.1
Administration
This By-law shall be administered by the Chief Building Official, or any other person as the
Council designates, and shall be enforced by the Chief Building Official, By-law Enforcement
Officers or any other person as Council designates.
3.2
Licenses and Permits
No municipal license or permit shall be issued where the said license or permit is required for a
proposed use of land or a proposed erection, enlargement or use of any building or structure
that is in violation of any of the provisions of this By-law.
4.0 DEFINITIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
7
4.0
Definitions
In this By-law,
1.
ABATTOIR - shall mean a building or structure, or part thereof used for the
slaughtering and processing of animals.
2.
ACCESSORY - when used to describe a use, building or structure, shall mean a use,
a building or a structure that is normally incidental, subordinate, and exclusively
devoted to a main use, building or structure and that is located on the same lot
therewith, and includes a detached garage or carport but does not include a dwelling
unit in the Agriculture zone.
3.
ADULT ENTERTAINMENT ESTABLISHMENT - shall mean any premises or part
thereof in which is provided, in pursuance of a trade, calling, business or occupation,
services appealing to or designed to appeal to erotic or sexual appetites or
inclinations. For the purpose of this paragraph, the following shall apply:
a)
Provided shall mean furnished, performed, solicited or given such services;
Services shall mean activities, facilities, performances, exhibitions, viewings and encounters;
and
Services appealing to or designed to appeal to erotic or sexual appetites or inclinations shall
mean services of which a principal feature or characteristic is the nudity or partial nudity of any
person or services in respect of which the word "nude", "naked", "topless", "bottomless", "sexy"
or any other word or any picture, symbol or representation having like meaning or implication is
used in any advertisement, and includes an adult video store.
4.
ADULT VIDEO STORE - shall mean an establishment having, as a substantial or
significant portion of its stock-in trade, videos which are distinguished or related to
specified sexual activities or specified anatomical areas, or an establishment with a
segment or section devoted to the sale or display of such material.
5.
AGRICULTURAL USE - shall mean the cultivation of land, the production of crops and
the selling of such produce on the premises, and the breeding 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 aviaries,
apiaries, fish farming, animal husbandry, the raising of birds, fish and fur bearing
animals, horses, riding stables, horse training tracks, agricultural research stations and
the raising and harvesting of field, bush, or tree crops, market gardening, nurseries,
and greenhouses. However, agricultural use does not include facilities for the
permanent or temporary housing of persons employed on the lot and, does not include
a marihuana for medical purpose production facility and industrial hemp production
facility.
4.0 DEFINITIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
8
6.
AGRICULTURAL USE - VALUE ADDED - shall mean a use accessory to an
agricultural use, used for processing and refining of crops and produce, such as fruits,
vegetables, nuts, seeds, corn, wheat, flowers, and plants, produced on properties
which form part of the farm to a final retail product. The final retail product shall
primarily consist of the crops and produce produced on the farm.
7.
AGRICULTURAL COMMERCIAL and/or INDUSTRIAL ESTABLISHMENT - shall
mean the use of land and/or buildings or structures for the manufacturing and
wholesale and/or retail sales of goods that are necessary to support agricultural uses.
These include, but are not limited to, such goods as farm machinery and equipment
used for the tillage of soil, the planting, spraying, harvesting, transporting, treatment,
processing and storage of grain, forage, feed, or forest products, products used for the
housing and husbandry of livestock, poultry and fur-bearing animals, the storage,
handling and processing of milk, eggs, and manure and the manufacture of subsurface
drainage materials and equipment including plastic farm drainage tile and sites for the
packing and bailing of agricultural waste into blocks.
8.
AGRICULTURAL LAND USE, GUIDE TO - shall mean Publication 824 by the Ontario
Ministry of Agriculture, Food and Rural Affairs, as may be updated or reissued from
time to time, which explains the role of agricultural land use planning and describes
agricultural practices which minimize environmental impacts and promotes good
farming practices and land use compatibility in rural areas.
9.
AGRICULTURAL PROCESSING ESTABLISHMENT - shall mean the use of land
and/or buildings or structures for the processing of products derived from agricultural
uses. These shall include, but are not limited to, such products as seed grain, feed and
forage processing, storage and transport, fruit and vegetable storage and treatment,
livestock and poultry assembly, sales and transport, a cheese factory, an egg grading
station, a saw mill, and excludes an abattoir and a commercial grain elevator and
drying establishment. Accessory uses such as office uses and the packaging, packing
and shipping of the products are also permitted.
Establishments for the processing of animal feed using the following materials are
specifically included in this definition:
a)
food waste from food processing plants;
food waste from restaurants, hospitals or other similar facilities;
forage crops, forage silage, grain crops and grain silage;
soy bean meal, vitamins, minerals; and
other similar products.
4.0 DEFINITIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
9
Establishments for the processing of animal feed using sewage, sludge, dead animals
or any type of manure are specifically excluded from this definition. Also, for the
purposes of this definition, the processing of food waste does not, in any way, include
composting.
10.
AGRICULTURAL SERVICE AND SUPPLY ESTABLISHMENT - shall mean premises
used for the buying, supply or selling of goods, materials or services that support
agricultural uses, including the sale and storage of seed, feed, fertilizer and chemical
products, the rental, sale, repair or service of agricultural equipment or implements,
sales and service of welding and machinery repair, a farm equipment sales and
service establishment, farm fuel sales, farm drainage and excavation, well drilling,
custom spraying, tillage, planting and harvesting services, or any combination of the
foregoing.
11.
AISLE - shall mean the area used by motor vehicles for access to and from all off-
street parking spaces, but does not include an access driveway.
12.
ALTER - when used in reference to a building, structure or part thereof, shall mean to
change any one or more of the internal or external dimensions of such building or
structure or to change the type of construction of the exterior walls or roof thereof.
When used in reference to a lot, the word alter means to increase or decrease the
width, depth or area thereof or to increase or decrease the width, depth of area of any
yard, setback, landscaped open space or parking area, or to change the location of
any boundary of such lot with respect to a street, whether such alteration is made by
conveyance or alienation of any portion of said lot, or otherwise.
13.
AMUSEMENT PARK - shall mean a commercial recreational establishment with or
without permanent buildings or structures where rides, games of chance and the sale
of food, beverages, toys and souvenirs constitute the main use.
14.
ANIMAL CLINIC - shall mean a building or structure under the control and supervision
of a qualified veterinarian where the animals or birds are given medical treatment but
has no outdoor kennels, but does permit a veterinarian office.
15.
ANIMAL SHELTER - shall mean land and buildings used for the care of lost,
abandoned or neglected animals and operated by a public authority or by a non-profit
private organization.
16.
ASSEMBLY HALL - shall mean a building or part of a building in which facilities are
provided for such purposes as meetings for civic, educational, political, religious or
social activities and may include a banquet hall or private club.
17.
ATTACHED - when used in reference to a building, shall mean a building otherwise
complete in itself which depends for structural support or for complete enclosure upon
4.0 DEFINITIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
10
an above grade division wall or division wall shared in common with adjacent building
or buildings.
18.
AUCTION ESTABLISHMENT - shall mean a building or part thereof, or a lot, used for
the retail sale of articles or goods by way of public auction, and may include the
auctioning of motor vehicles on an incidental basis only.
18.1
AUTOMATIC COMMERCIAL VEHICLE WASHING ESTABLISMENT - means a
building or structure or part thereof, containing facilities for washing, cleaning or drying
of commercial vehicles by production methods, typically exceeding 1 tonne, which
shall include trucks, buses, farm machinery or other similar vehicles for the delivery,
haulage or service of a similar use.
19.
AUTOMOBILE RENTAL ESTABLISHMENT - shall mean a premise where vehicles
are stored and rented to the public.
20.
AUTOMOBILE REPAIR ESTABLISHMENT - shall mean an establishment for the
repair or the replacement of parts in a motor vehicle and, without limiting the
generality, of the foregoing, includes the repair, replacement or reconditioning of
mufflers, exhaust systems, shock absorbers, transmissions, gears, brakes, clutch
assemblies, steering assemblies, radiators, heating or cooling systems, ignition
systems, electrical systems, the installation of undercoating, engine turning, lubrication
and engine conversion or replacement, a vehicle body repair shop, but does not
include an automobile impounding yard, or an automobile service station.
21.
AUTOMOBILE SALES AND SERVICE ESTABLISHMENT - shall mean premises
where new and/or used vehicles are stored or displayed for the purpose of sale, lease
or hire and shall include the storage and sale of automotive accessories together with
the repair and service of vehicles. For the purpose of this definition, vehicles shall not
include motorized construction equipment, farm equipment, truck bodies, truck
tractors, or tractor trailers.
21.a)
AUTOMOBILE USED SALES AND SERVICE ESTABLISHMENT - shall mean
premises where used vehicles are stored or displayed for the purpose of sale, lease or
hire and shall include the storage and sale of automobile accessories together with the
repair and service of vehicles. For the purpose of this definition, vehicles shall not
include motorized construction equipment, farm equipment, truck bodies, truck tractors
or tractor trailers.
22.
AUTOMOBILE SERVICE STATION - shall mean a building or place were gasoline or
other motor fuels are kept for sale and for delivery directly into motor vehicles, and
may also include a building or place where minor running repairs, cleaning and
maintenance essential to the actual operation of motor vehicles and the sale to the
motoring public of goods usual to the trade are performed, and may also include an
4.0 DEFINITIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
11
automobile washing establishment and the retail sale of convenience items as an
accessory use.
23.
AUTOMOBILE WASHING ESTABLISHMENT - Shall mean a building or structure, or
part thereof, containing facilities for washing, cleaning or drying motor vehicles, which
includes a self-service or coin-operated automobile washing establishment.
24.
AUTOMOBILE WASHING ESTABLISHMENT, AUTOMATIC - shall mean a building or
structure, or part thereof, containing facilities for washing, cleaning or drying motor
vehicles by production line methods which may include a conveyor system, or similar
mechanical devices, but does not include a self-service or coin operated automobile
washing establishment.
25.
BAKERY, COMMERCIAL - shall mean a building for producing, mixing, compounding
or baking bread, biscuits, cakes or other baked products, but does not include a bake
shop or eating establishment.
26.
BAKE SHOP - shall mean a building where products of a bakery are sold or offered
for sale by retail, and shall also include incidental baking of products for retail sale on
the premises to a maximum gross floor area of 500 m2.
27.
BALCONY - shall mean an unenclosed or partially enclosed attached platform
projecting from the face of a wall that is only directly accessible from within a building,
surrounding by a partial wall or railing where required and without direct access to
grade. See also the definition for Deck or Patio.
28.
BASEMENT - shall mean one or more storeys of a building located below the first
storey.
29.
BATCHING OR RECYCLING PLANT, CONCRETE OR ASPHALT - an industrial
facility used for the production of asphalt or concrete, or asphalt or concrete products,
used in building or construction and includes facilities for administration or
management of the business, the stockpiling of bulk materials used in the productions
process or of finished products manufactured on the premises and the storage and
maintenance of required equipment, and shall also include the processing of
aggregate material through a crushing and sorting operation, but does not include the
retail sale of finished asphalt or concrete products.
30.
BED AND BREAKFAST ESTABLISHMENT - shall mean a single detached dwelling in
which no more than three rooms are made available by the residents of the said
dwelling for the temporary accommodation of travelers in the course of which no
assistance is offered by any person not residing in the dwelling. This does not include
a hotel, motel, or eating establishment, as defined herein.
4.0 DEFINITIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
12
31.
BERM - shall mean a landscaped mound of earth.
32.
BUFFER STRIP - shall mean an area used for no other purpose than for the erection
of a solid fence, berm or the planting and maintaining of a continuous unpierced
hedgerow of natural shrubs which will provide a year round visual landscaping and the
planting of ornamental shrubs, flowering shrubs, flowerbeds, or a combination thereof.
33.
BUILDING - shall include any structure greater than 10.0 m2, whether temporary or
permanent, used or intended for sheltering any use or occupancy but shall not include
a fence, mobile home, holiday trailer, or tent.
34.
BUILDING, APARTMENT - shall mean the whole of a structure that contains three or
more dwelling units which units have a common entrance from street level and are
served by a common corridor, and the occupants of such units have the right to use in
common the corridors, stairs, elevators, yards or one or more of them.
35.
BUILDING, MAIN - shall mean the building or structure in which is conducted the main
use of the lot on which it is situated. For clarity, a single detached dwelling accessory
to an agricultural use is a main building for the purpose of this definition.
36.
BUILDING SUPPLY OUTLET - shall mean a premise used for milling, storage, and
wholesale sales of a broad range of building materials and which may include a retail
operation.
37.
BUS TERMINAL - shall mean any premises for the transient housing or parking of
buses and the loading and unloading of passengers.
38.
BY-LAW ENFORCEMENT OFFICER - shall mean any Town employee responsible
for enforcing the By-laws.
39.
CALL CENTRE - shall mean a building or part of a building in which people are
employed to provide product information services and/or direct sales to the public by
way of telephone, internet, fax, video and mail.
40.
CAMPGROUND - shall mean a parcel of land used or maintained as an overnight
tenting or camping area, where people are temporarily accommodated in tents, holiday
trailers or similar facilities, whether or not a fee or charge is paid for the rental thereof,
but does not include a mobile home or a mobile home park.
41.
CANAL - shall mean an artificial waterway that is not a watercourse, directly or
indirectly connected to Lake St. Clair or any watercourse and its tributaries, and which
is constructed for recreational or drainage purposes.
41.1
CANNABIS - Cannabis means the substance set out in Item I of Schedule II to the
Controlled Drugs and Substances Act, SC 1996, c 19, as amended.
4.0 DEFINITIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
13
42.
CANOPY, WEATHER - shall mean a permanent, unenclosed roof structure erected
for the purpose of sheltering motor vehicle fuel pumps and dispenser islands from the
weather.
43.
CELLAR - shall mean that portion of a building which is partly or wholly underground
and which has more than one-half of its height, from floor to ceiling, below adjacent
finished grade.
44.
CEMETERY - shall mean a place for the burial of the dead and shall include such
things as mausoleums, crematoria and other buildings required for internment or any
other cemetery-related purpose.
45.
CEMETERY, ANIMAL - shall mean a cemetery for the burial of animals.
46.
CHIEF BUILDING OFFICIAL - shall mean the Chief Building Official appointed by
Council under the Building Code Act, S.O. 1992 c.23, as amended.
47.
CLUB - shall mean a building or part thereof used exclusively by an association of
persons who are bonafide members and their guests for social, cultural, recreational or
athletic purposes.
48.
COMMITTEE OF ADJUSTMENT - shall mean a committee appointed under Section
44.(1) of the Planning Act, R.S.O. 1990, c.P.13, as amended.
49.
COMMERCIAL OUTDOOR RECREATION FACILITY - shall mean an outdoor facility
or facilities which may include, but not necessarily be restricted to a water slide, a
commercial outdoor swimming pool, a wave pool, a baseball batting cage or a
paddleboat or bumper-boat pool, and a mini golf course, but shall not include a golf
course, go-kart track, a ski club or any other use as otherwise defined or listed herein.
50.
COMMUNITY CENTRE - shall mean a public building and associated lands used for
community recreation or social activities, meetings or other leisure activities and not
used for commercial purposes, and the control of which is vested in the Town, a non-
profit organization, a local board or agent thereof.
51.
COMPOSTING OPERATION - shall mean an open windrow waste processing facility
in which leaf and yard waste is processed into compost through an aerobic biological
process, conducted under controlled, engineered conditions designed to produce
stabilized humus.
52.
CONDOMINIUM - shall mean a building or buildings in which each individual unit is
held in separate private ownership and all floor space, facilities and outdoor areas
used in common by all tenants are owned, administered and maintained by a
4.0 DEFINITIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
14
corporation created pursuant to the provisions of the Condominium Act S.O. 1998,
C.19, as amended.
53.
CONSENT - shall mean the approval to the severance of land pursuant to the
Planning Act, R.S.O., 1990, c.P.13, as amended.
54.
CONSERVATION AREA - shall mean an area within which work is undertaken by a
Conservation Authority pursuant to the provisions of the Conservation Authorities Act,
R.S.O 1990, c.C.27, as amended.
55.
CONSERVATION AUTHORITY - shall mean an authority as defined in the
Conservation Authorities Act, R.S.O 1990, c.C.27, as amended.
56.
CONTRACTOR'S YARD - shall mean any land, building or structure used for the
purpose of storing contracting or construction equipment and material or performing
shop work or assembly work by any building trade or other contractor, and shall
include facilities for the administration or management of the contracting business.
57.
COUNCIL - shall mean the Council of the Corporation of the Town of Lakeshore.
58.
COUNTY - shall mean the Corporation of the County of Essex.
59.
CULTURAL FACILITY - any building, room or area and designed or utilized primarily
for the presentation to the general public of live theatre, dance performances, musical
concerts, cinema, lectures, exhibits of various art forms or exhibits of cultural,
academic or scientific material which are not characterized by their emphasis on the
description or depiction of specified anatomical areas or specified sexual activities,
and without limiting the scope of the foregoing definition, shall include art galleries,
museums, libraries and exhibition halls.
60.
DAY CARE CENTRE - means a day nursery as defined in the Day Nurseries Act,
R.S.O. 1990, c.D.2, as amended.
61.
DECK or PATIO - means an attached or freestanding platform or area not covered by
a roof or structure, except a balcony, which is made of wood, concrete, or other similar
material, and which is accessed directly from grade and which may also be accessed
from the associated building. See also the definition for balcony.
62.
DENSITY, GROSS - shall mean the ratio of dwelling units to the lot area.
63.
DERELICT VEHICLE - shall mean an inoperative vehicle or an unlicensed vehicle.
64.
DETACHED - shall mean not attached.
4.0 DEFINITIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
15
65.
DEVELOPMENT - shall mean the creation of a new lot, a change in land use, or the
construction of buildings or structures, requiring approval under the Planning Act
R.S.O. 1990, c.P.13, as amended, but does not include:
a)
activities that create or maintain infrastructure authorized under an
environmental assessment process;
works subject to the Drainage Act, R.S.O. 1990, c.D.17, as amended; or
underground or surface mining of minerals or advanced exploration on mining lands in
significant areas of mineral potential where advanced exploration has the same meaning as
under the Mining Act, R.S.O. 1990, c.M.14, as amended.
66.
DRIVE-THROUGH - shall mean the use of buildings and structures for the provision of
prepared food and beverages where the food or drink is served to customers who are
inside their vehicles, or the provision of self-serve facilities which are accessed by
customers who are inside their vehicles, such as an Automated Teller Machine as part
of a financial institution, a drive-through pharmacy or an automobile washing
establishment.
67.
DRIVEWAY - shall mean that portion of a lot used to provide vehicular access from a
street or private road to an off street parking or loading area located on the same lot.
68.
DRY CLEANING DEPOT - shall mean a building or part of a building used for the
purpose of receiving articles or goods of fabric to be subjected elsewhere to a process
of dry cleaning or dyeing, including transport to a dry cleaning establishment. A dry
cleaning depot may also be used for pressing and/or distributing any articles or goods
of fabric which have been received therein, but shall not include the on-site use of
chemicals normally used in dyeing or dry cleaning processes.
69.
DRY CLEANING ESTABLISHMENT - shall mean a building used for the purpose of
receiving articles of clothing to be subjected to the process of dry cleaning, dyeing or
cleaning elsewhere on the premises if the processing element is restricted to closed,
unvented dry cleaning equipment, and for pressing and/or distribution of any such
articles or goods which have been subjected to any such process.
70.
DWELLING - shall mean a building or part of a building, occupied, or designed to be
occupied exclusively as a home, residence or sleeping place by one (1) or more
persons, but shall not include hotels, retirement homes, motels, institutions, holiday
trailers or mobile homes.
a)
DWELLING, APARTMENT - shall mean a dwelling unit contained within an
apartment building.
4.0 DEFINITIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
16
aa)
DWELLING, BACK-TO-BACK TOWNHOUSE - shall mean a dwelling that is
divided vertically into three (3) or more dwelling units, each of which has an
independent entrance to the front of the dwelling. In the case of an end unit,
the entrance may be at the front or exterior side of a dwelling. The dividing
walls between the adjoining dwelling units is formed by walls joining the sides
of the dwelling units and a wall joining the rear of the dwelling units.
b)
DWELLING, CONVERTED - shall mean a building converted into one or
more dwelling units from a building originally constructed or used for non-
residential purposes.
b) i)
DWELLING, DOUBLE DUPLEX - shall mean one dwelling divided into four
dwelling units by vertically attaching two duplex dwellings with no direct
internal connection between the dwelling units.
c)
DWELLING, DUPLEX or DUPLEX - shall mean a dwelling with two dwelling
units designed to accommodate two separate groups of individuals, regardless
of whether the individuals within the groups are related or unrelated. Each
dwelling unit shall be divided by a horizontal common wall to only one other
dwelling unit with separate entrances on one lot.
d)
DWELLING, GROUP HOME - shall mean a licensed or approved or federally
or Provincially-funded single housekeeping unit in a dwelling in which three to
ten residents (excluding staff), by reason of their emotional, mental, social or
physical condition or legal status are required to live as a unit under
responsible supervision, but does not include a place maintained and
operated primarily for the care of or occupation by inmates or persons placed
on probation or released on parole or for any other correctional purpose.
e)
DWELLING, SEASONAL - shall mean a single detached dwelling that is not
intended to permit winter occupancy and has not been modified for year-round
use.
f)
DWELLING, SECONDARY FARM - shall mean a dwelling unit that is used for
temporary housing of seasonal farm labour and their families and may include
a mobile home.
g)
DWELLING, SEMI-DETACHED - shall mean a dwelling attached by a vertical
common wall to only one other semi-detached dwelling and each semi-
detached dwelling shall be on a separate lot.
h)
DWELLING, SINGLE DETACHED - shall mean a dwelling designed as one
dwelling unit with all parts of the building being accessible to and from all other
parts of the building.
4.0 DEFINITIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
17
i)
DWELLING, STACKED - shall mean a residential use building containing four
or more dwelling units where each dwelling unit is divided horizontally and
vertically, and in which each dwelling unit has an independent entrance to the
exterior.
j)
DWELLING, TOWNHOUSE - shall mean a dwelling attached by a common
wall to one or more other townhouse dwellings and each townhouse dwelling
shall be on a separate lot, unless otherwise arranged through a Plan of
Condominium.
k)
DWELLING, TRIPLEX or TRIPLEX - shall mean a dwelling containing three
dwelling units, each having an independent entrance to the outside and
separated from the adjoining unit or units by a horizontal common wall.
l)
DWELLING UNIT - shall mean one or more habitable rooms each of which is
accessible from the others and which function as an independent and
separate housekeeping unit in which separate kitchen and sanitary facilities
are provided for the use of the occupants, with a private entrance from outside
the building or from a common hallway or stairway inside the building.
m)
DWELLING UNIT, ACCESSORY - shall mean a dwelling unit which is
accessory to a non-residential use.
n)
DWELLING UNIT, SECONDARY - shall mean a second dwelling unit
constructed within an existing single detached dwelling, located within the
main dwelling and designed such that the outward appearance as a single
detached dwelling is maintained, except for any alterations which are required
by the Ontario Building Code.
71.
EATING ESTABLISHMENT - shall mean a building or part of a building where food is
offered for sale or sold to the public for immediate consumption or take-out and
includes such uses as a restaurant, café, cafeteria, ice cream parlour, tea or lunch
room, dairy bar, coffee shop, snack bar, or refreshment room or stand. An outdoor
patio may be included as an accessory use.
72.
EATING ESTABLISHMENT, DRIVE-THROUGH - shall mean an eating establishment
which is also designed to serve patrons while they remain in a motor vehicle.
73.
EMPLOYMENT USE, NON-EFFLUENT PRODUCING - shall mean an employment
use which either does not discharge wastewater or discharges wastewater from one or
more of the following sources only:
a)
sanitary sewage from employee washrooms; storm water drainage; and water
used for indirect cooling and pressure testing of equipment and for other
ancillary purposes.
4.0 DEFINITIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
18
74.
ERECT - shall mean to do anything pertaining to the building, construction,
reconstruction, installation, enlargement, structural alteration or repair of a building or
structure, and shall include any preliminary physical operations such as excavating,
grading, piling, cribbing, filling or draining, the relocation of a building or structure, the
installation of a building unit fabricated or removed from elsewhere, and demolition or
removal of a building or any part thereof, and further includes any work for which a
building permit is required. "Erected" and "erection" shall have a corresponding
meaning.
75.
EXISTING - shall mean legally existing as of the date of the passing of this By-law.
76.
FAIR OR EXHIBITION GROUNDS - shall mean the use of land, or building, or
structure where the temporary exhibition of music, art, goods, wares, vehicles, and the
like are displayed and made available for sale and shall include a midway and
amusement park.
77.
FARM - shall mean land used for an agricultural use.
78.
FARM WINERY - shall mean a farm on which buildings and structures are used for
the making of wines from crops grown exclusively on the property.
79.
FARM PRODUCE OUTLET - shall mean a place, with or without permanent buildings,
where seasonal produce may be sold to the general public.
80.
FENCE - shall mean any continuous barrier made of chain, wood, stone, masonry,
lattice work screen or other such material, or a hedge or other such thick growth of
shrubs or trees, constructed, installed or grown along the perimeter of lands, whether
the lands are occupied or not, so as to give the inference that the barrier is intended to
delineate the boundaries of the said lands. Any berm or other such man-made
structure upon which a fence is built shall be deemed to be a part of the fence.
81.
FINANCIAL INSTITUTION - shall mean an establishment which provides money
management services directly to the public, including a bank, trust company, credit
union, securities dealer, finance companies and stock brokers.
82.
FITNESS CENTRE - shall mean a building or part thereof, in which facilities are
provided for recreational athletic activities including, but not limited to, body-building
and exercise classes, and shall include associated facilities such as a sauna or
solarium, and may include as an accessory use one retail establishment for the sale of
athletic equipment, food or refreshments, provided that the retail establishment does
not exceed a floor area equal to 25% of the net floor area of the fitness centre.
4.0 DEFINITIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
19
83.
FLOODWAY - shall mean the area adjacent to a watercourse, other than Lake St.
Clair or a municipal drain, where flood depths and velocities are generally greater than
those experienced in the flood fringe. The floodway represents the area required for
the safe passage of flood flow and/or the area where flood depths and/or velocities are
considered to pose a potential threat to life and/or property damage. The floodway
comprises all lands within a setback area measured inland from the top of bank, such
setback shall be determined by the Town in consultation with the applicable
Conservation Authority.
84.
FLOODPLAIN - shall mean the area below the one in one hundred year (1:100) or
maximum observed flood condition for the Essex Region watersheds and the one in
two hundred and fifty year (1:250) or maximum observed flood condition for the Lower
Thames Valley watersheds, as established by the Conservation Authority or other
designated Authority. See also Limit of Regulated Area.
85.
FLOOR AREA - shall mean the space on any storey of a building between exterior
walls and required firewalls, including the space occupied by interior walls and
partitions, but not including exits, vertical service spaces and their enclosing
assemblies.
86.
FLOOR AREA, GROSS - shall mean the total floor area in a building or structure
measured between the exterior faces of the exterior walls of the building or structure at
the level of each storey below, at and above grade, including the area used for
enclosed off-street unloading, parking, mechanical equipment, stairways or shafts.
87.
FLOOR AREA, NET - shall mean the total floor area in a building or structure
measured between the exterior faces of the exterior walls of the building or structure at
the level of each storey below, at and above grade, excluding the area used for
enclosed off-street unloading, parking, mechanical equipment, stairways or shafts.
88.
FOOD CART - shall mean a non-motorized/motorized vehicle from which food stuffs
and/or refreshments are sold or offered for sale for consumption by the public. Shall
include but is not limited to push carts, wheeled vehicles, or similar vehicle excluding
catering trucks.
89.
FORESTRY USE - shall mean the general raising and harvesting of wood, and
without limiting the generality of the foregoing, includes the raising and cutting of fuel
wood, pulp wood, lumber, Christmas trees, and other forest products produced on the
same lot.
90.
FUEL STORAGE DEPOT - shall mean any employment use whose primary purpose is
the storage, loading/unloading or supply or sale of fuel, but does not include a gas bar
as part of an automobile service establishment.
4.0 DEFINITIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
20
91.
FUNERAL HOME - shall mean a building or part thereof wherein a licensed
undertaker prepares corpses for interment and may include a chapel for funeral
services.
92.
GARAGE or CARPORT - shall mean an accessory building or portion of a building
designed for the sheltering or storage of passenger motor vehicles or recreational
vehicles or both and the storage of household equipment incidental to residential
occupancy, and wherein no service for profit is rendered where such structure is
attached.
93.
GOLF COURSE - shall mean a public or private area operated for the purpose of
playing golf including a driving range, miniature golf course, or combination thereof.
94.
GOLF COURSE, MINIATURE - also known as mini-golf, crazy golf or Putt-Putt, shall
mean a novelty version of golf played with a putter and a golf ball on a miniature
course (consisting of only a putting surface), and featuring obstacles such as ramps,
bunkers, alleys, bridges and tunnels in a "fantasy-like setting."
95.
GRADE - shall mean the average level of finished ground adjoining a building or
structure at all exterior walls, as determined by the Chief Building Official.
96.
GRADE, CENTRELINE - shall mean the average level of the street centreline.
97.
GRADE LEVEL - shall mean the level of any lots above the normal crown level of the
street, measured above sea level according to Geodetic Datum, upon which the lot
abuts. Where a lot abuts on two or more streets, the grade level shall be the mean of
the grade levels calculated with reference to the different streets. If the natural level of
the ground is higher than as stipulated above, then the average natural level of the
ground shall be taken as the grade level.
98.
GREENHOUSE - shall mean a building or structure or land constructed of, or covered
by, glass or plastic and used exclusively for the growing or storage of vegetables,
shrubs, plants or flowers and may include the subsequent transplanting or replanting
of same, or sale of the produce grown.
99.
GREENHOUSE FARM - shall mean an agricultural use in which the predominant
economic activity involves the growing of plant materials in large scale greenhouses,
for which the use comprises a minimum of 2.0 hectares, for subsequent replanting or
sale.
100.
GREENHOUSE WASTE PROCESSING OPERATION - shall mean an agricultural-
related employment use for the sorting, refining, blending and composting of
greenhouse by-products for the purpose of redistribution.
4.0 DEFINITIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
21
101.
HABITABLE ROOM - shall mean any room within a dwelling used or intended to be
used for living, sleeping, eating or food preparation, but does not include a washroom,
laundry room, closet, sunroom, porch, garage, cellar, furnace room, or any space used
for the service and maintenance of such dwelling or for vertical travel between storeys.
102.
HEIGHT - when used with reference to a building or structure, shall mean the vertical
distance between the horizontal plane through the grade and a horizontal plane
through:
a)
the highest point of the roof assembly in the case of a building with a flat or
deck roof;
b)
the average level of a one slope roof, provided that a roof having a slope of
less than twenty degrees with the horizontal shall be considered a flat roof;
c)
the roof deck line, in the case of a mansard roof; or
d)
the average level between eaves and ridges in the case of a roof type not
mentioned in subsections a), b) and c) immediately preceding.
4.0 DEFINITIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
22
Illustration of building height definitions (for illustration purposes only):
103.
HOME INDUSTRY - shall mean a gainful occupation which may include an electrical,
woodworking, window frame, welding, plumbing or machine shop, or other similar type
use, conducted in whole or in part in an accessory building to a single detached
dwelling, and is in accordance with the provisions of Section 6.26 of this By-law.
4.0 DEFINITIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
23
104.
HOME OCCUPATION - shall mean the use of part of a dwelling, dwelling unit or
attached garage for an occupation which provides gain or support for individuals
permanently residing in such dwelling or dwelling unit and is clearly secondary to the
main use of the dwelling unit as a private residence, and is in accordance with the
provisions of Section 6.27 of this By-law.
105.
HOME OCCUPATION, AGRICULTURAL - shall mean the use of part of a dwelling
unit or an accessory building or structure, for an occupation which provides gain or
support, for at least one of the permanent residents of such dwelling unit and which is
clearly secondary to the agricultural uses being carried out on the farm.
106.
HOSPITAL - shall mean any institution, building or other premises established for the
treatment of persons afflicted with or suffering from sickness, disease or injury, for the
treatment of convalescent or chronically ill persons that is approved under the Public
Hospitals Act, R.S.O. 1990, c.P.40, as amended, as a public hospital.
107.
HOTEL - shall mean any hotel, inn, lounge or public house in one main building or in
two or more connected or adjacent buildings designed and used mainly for the
purpose of catering to the needs of the travelling public by supplying food,
refreshments or both and furnishing sleeping accommodation of not less than six
guest rooms, each having no facilities for cooking or housekeeping, and provided that
each guest room may only be entered from the interior of the building, and shall
include all such buildings operating under the Liquor License Act, R.S.O. 1990, c.L.19,
as amended. A hotel does not include a, group home dwelling or apartment dwelling.
108.
HOUSEKEEPING COTTAGE - shall mean one or a group of buildings that provides
temporary accommodations to overnight guests for a fee and is equipped with a
kitchen, which has a common piped water supply with other such buildings.
109.
HUNTING, TRAPPING AND FISHING - shall mean the use of land for the hunting or
trapping of animals or the catching of fish in accordance with the regulations of the
Ministry of Natural Resources and in accordance with all other applicable law. Such a
use may include buildings or structures used for periodic overnight accommodation
during the hunting season, including hunt camps, hunting cabins or a commercial
hunting lodge.
109.1 INDUSTRIAL HEMP - means the plants and plant parts of the genera Cannabis, the
leaves and flowering heads of which do not contain more than 0.3% THC w/w, and
includes the derivatives of such plants and plant parts. It also includes the derivatives
of non-viable cannabis seed. It does not include plant parts of the genera Cannabis
that consist of non-viable cannabis seed, other than its derivatives, or of mature
cannabis stalks that do not include leaves, flowers, seeds or branches, or of fibre
derived from those stalks under the Controlled Drugs and Substances Act or as
4.0 DEFINITIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
24
amended and as regulated by the Industrial Hemp Regulations (SOR/98-156) or as
amended.
109.2 INDUSTRIAL HEMP PRODUCTION FACILITY - means any land, building or structure
licensed and / or authorized to cultivate, import, export, process, sell, provide, test for
viability, possess and/or produce a derivative or product of industrial hemp, as defined
in Section 1 of the Industrial Hemp Regulations (SOR/98-156).
110.
IMPOUNDING YARD - shall mean a place to which disabled vehicles, and vehicles or
other mobile equipment impounded for a breach of the law, may be taken or towed
and stored temporarily until reclaimed, but does not include an automobile service
station or salvage yard.
111.
lINLAND FLOODPLAIN DEVELOPMENT CONTROL AREA - shall mean the lands
identified as Floodplain Development Control Area on Schedule "A" which are subject
to regulatory flood level protection (1: 100 Year or maximum observed) and are
adjacent to a watercourse. This area contains both the floodfringe and the floodway
and is subject to the Conservation Authorities Act, R.S.O 1990, c.C.27, as amended,
permitting requirements, in advance of development proceeding..
112.
KENNEL or KENNEL, BOARDING - shall mean any building or structure or part
thereof used or intended for use for the purpose of breeding, boarding and/or raising
three or more domesticated animals.
113.
LABORATORY OR SCIENTIFIC RESEARCH FACILITY - shall mean a building or
group of buildings which are facilities used for scientific research, investigation, testing
or experimentation, but not facilities for the manufacture or sale of products, except as
accessory to the main purpose of the laboratory.
114.
LAKE ST. CLAIR SHORELINE FLOODPRONE AREA - shall mean the area impacted
by the 1:100 year flood level, the 1:100 year wave runup level, wind setup and wind
generated waves plus a 0.3 metres increase in elevation for freeboard. In addition, and
within this area there are allowances for erosion limits and effects of such things as ice
and other coastal issues. The Conservation Authority has jurisdiction for natural
hazard issues covered in Section 28 of the Conservation Authorities Act, R.S.O 1990,
c.C.27, as amended, for any proposed development within this area.
115.
LANDING STRIP - shall mean a defined strip of ground or grass used for the landing
and take-off of aircraft.
116.
LANDSCAPING - shall mean any combination of trees, shrubs, flowers, grass or other
horticultural elements, together with decorative stonework, screening or other
architectural elements, excluding driveways, parking areas and aisles, all of which is
4.0 DEFINITIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
25
designed to enhance the visual amenity of a property or to provide a screen to mitigate
any objectionable aspects that may detrimentally affect adjacent land.
117.
LAUNDROMAT - shall mean a premises where coin-operated laundry machines are
made available to the public for the purpose of laundry cleaning, or a premises for the
purpose of receiving articles or goods of fabric are subjected to the process of
laundering, using only water, detergents and additives. Dry cleaning is not permitted
on-site; however, goods of fabric may be received for dry cleaning at another location.
118.
LIMIT OF THE REGULATED AREA - shall mean the area in which a Conservation
Authority has jurisdiction for hazard issues covered in SECTION 28 OF THE
CONSERVATION AUTHORITIES ACT, R.S.O 1990, C.C.27, as amended.
119.
LIVESTOCK - shall mean farm animals kept for use, for propagation, or intended for
profit and includes dairy and beef cattle, horses, swine, sheep, laying hens, chicken
and turkey broilers, turkeys, goats, geese, ducks, mink and rabbit.
120.
LOADING SPACE - shall mean a space or bay located on a lot which is used or
intended to be used for the temporary parking of any commercial, industrial or
institutional vehicle while loading or unloading persons, animals, goods, merchandise,
or materials used in connection with the main use of the lot or any building thereon,
and which has unobstructed access to a street or lane.
121.
LONG TERM CARE HOME - shall mean a facility which provides care and services
for people who are no longer able to live independently or who require on-site nursing
care, 24-hour supervision or personal support and licensed under the Long-Term Care
Homes Act, 2007, S.O. 2007, c.8, as amended.
122.
LOT - shall mean a parcel or tract of land: (i) that is described, in a deed or other
document legally capable of conveying land, as a separately conveyable parcel or
tract of land; (ii) that is the whole of a lot on a registered plan of subdivision which has
not been deemed, pursuant to the Planning Act, R.S.O. 1990, c.P.13, as amended, not
to be a registered plan of subdivision; (iii) for which a consent has been granted
pursuant to Section 53 of the Planning Act, R.S.O. 1990, c.P.13, as amended, and
which consent remains in effect; or (iv) that is a whole unit or common element within
the meaning of Section 9 of the Condominium Act, S.O. 1998, c.19, as amended.
a)
LOT AREA - shall be the total horizontal area within the lot lines of a lot.
b)
LOT, CORNER - shall mean a lot situated at the intersection of, or abutting
upon, two or more streets, provided that, the angle of intersection of such
streets is not more than 135 degrees and each of which is at least 9.0 m wide,
where such intersecting sides are curved, the angle of intersection of the
adjacent sides shall be deemed to be the angle formed by the intersection of
4.0 DEFINITIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
26
the tangents to the street lines, drawn through the extremities of the interior lot
lines.
c)
LOT COVERAGE - shall mean the percentage of lot area covered by all
buildings or structures and accessory buildings or structures on the lot
measured at ground level, including all enclosed and/or unenclosed roofed
porches and verandas; but excluding a private outdoor swimming pool and
open, unenclosed terraces, patios, decks, steps, cornices, cantilevers, eaves,
bay windows, chimney breasts, corbelling and similar projections. Any lot
area located under water shall not be included in the calculation of lot
coverage.
d)
LOT DEPTH - shall mean the horizontal distance between the midpoints of
the front and rear lot lines. Where there is no rear lot line, lot depth means the
horizontal distance between the midpoint of the front lot line with the apex of
the triangle formed by the side lot lines.
e)
LOT FRONTAGE - shall mean the horizontal distance between the side lot
lines, such distance being measured at a right angle to the line joining the
middle of the front lot line with either the middle of the rear lot line or the apex
of the triangle formed by the side lot lines, and at a point therein distance 7.5
m from the front lot line.
f)
LOT, INTERIOR - shall mean a lot other than a corner lot which is situated
between adjacent lots and has access to one street.
g)
LOT, THROUGH - shall mean a lot bounded on two opposite sides by streets,
each of which is at least 9.0 m wide. Provided, however, that if any lot qualifies
as being both a corner lot and a through lot as defined, such lot shall be
conclusively deemed to be a corner lot.
123.
LOT LINES - shall mean the boundary lines of a lot.
a)
LOT LINE, FRONT - shall mean:
i)
The lot line that divides the lot from the street;
ii)
In the case of a corner lot, the shortest lot line that abuts a street shall
be deemed to be the front lot line, and the longer lot line that so abuts
shall be deemed to be a side exterior lot line.
iii)
In the case of a corner lot where both such lot lines that abut a street
are equal length, the Town may deem any of the lot lines that divide
the lot from the street as the front lot line, and the other lot line as an
side exterior lot line;
4.0 DEFINITIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
27
iv)
In the case of a through lot, the shortest lot line that abuts a street
shall be deemed to be the front lot line, and the longer lot line that so
abuts shall be deemed to be the rear lot line; or
v)
In the case of a through lot where both such lot lines that abut a street
are equal length, the Town may deem any of the lot lines that divide
the lot from the street as the front lot line, and the other lot line as a
rear lot line.
b)
LOT LINE, REAR - shall mean the lot line farthest from and opposite to the
front lot line.
c)
LOT LINE, SIDE - shall mean a lot line other than a front or rear lot line.
d)
LOT LINE, SIDE EXTERIOR - shall mean the side lot line of a corner lot
which abuts the street on a corner lot.
e)
LOT LINE, SIDE INTERIOR - shall mean the side lot line of a corner lot which
does not abut a street.
4.0 DEFINITIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
28
Illustration of lot type and lot line definitions (for illustration purposes only):
4.0 DEFINITIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
29
124.
LOT OF RECORD - shall mean a lot legally capable of being conveyed from one
person to another person as of the date of the passing of this By-law.
125.
MAIN WALL - shall mean the exterior front, side and rear wall of a building, and all
structural members essential to the support of a fully enclosed space or roof.
126.
MANUFACTURING, HEAVY - shall mean any employment use which is not light
manufacturing as defined in this By-law.
127.
MANUFACTURING, LIGHT - shall mean the manufacturing, assembly or processing
of component parts to produce finished products suitable for retail trade and does not
include food, beverage, tobacco, rubber, leather, textile, wood, printing, concrete or
asphalt batching or recycling plant, metal fabricating and the manufacturing or
processing of raw materials or similar industries if these operations involve furnaces or
machinery that emit noxious fumes or gases, discharge dirt, dust or particle matter into
the air or result in noise or vibration beyond the limits of the property in excess of the
Ministry of Environment's guidelines or if these operations involve stamping presses.
All manufacturing or assembly activities shall be conducted entirely within one or more
wholly enclosed buildings. A light manufacturing use may also include an accessory
retail use of the goods manufactured on the same lot as the main use.
128.
MARINA - shall mean an area of establishment, with or without buildings, providing
facilities or services for boats or persons travelling by boat, and operated on a
commercial basis or by a company or group of persons such as a club, and may
include slips, docks, moorings, boat waste disposal arrangements, fuelling facilities,
boat storage, the sale, rental or repair of boats, boat motors or boat accessories and
the provision of refreshments.
129.
MEDICAL OFFICE - shall mean a building or part thereof, other than a hospital, used
by medical doctors, nurse practitioners, dentists, optometrists, podiatrists, registered
and licensed massage therapists, chiropractors and/or drugless practitioners, the
practice of health discipline, radiological technicians, registered psychologists and their
staff for the purpose of public or private medical, surgical physiotherapeutic or human
health and may include administrative offices, waiting rooms, treatment rooms,
laboratories, ophthalmic dispensers, pharmacies, blood donor facilities, specimen
collection centres and dispensaries directly associated with the facility, but does not
include overnight accommodation, except for sleep clinics, in which patients and
required staff members may remain overnight for the diagnosis or treatment of sleep
disorders.
129.1 MARIHUANA - Marihuana means the substance referred to as "Cannabis" in sub item
I(2) of Schedule II to the Controlled Drugs and Substances Act, SC 1996, c 19, as
amended.
4.0 DEFINITIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
30
129.2 MARIHUANA FOR MEDICAL PURPOSES PRODUCTION FACILITY - means any
building or structure licensed and/or authorized to possess, sell, provide, ship, deliver,
transport, destroy, produce, export and/or import marihuana for medical purposes,
including related research under, the Marihuana for Medical Purposes Regulations
(SOR/2013-119) under Subsection 55(1) of the Controlled Drugs and Substances Act
or as amended.
130.
METHADONE CLINIC - shall mean a medical office used for the dispensing of
methadone and associated treatment of addiction patients and is licensed in
accordance with Provincial legislation.
131.
MOBILE HOME - shall mean any vehicle or portable dwelling so constructed that it is
suitable for being attached to a motor vehicle for the purpose of being drawn or
propelled by the motor vehicle and capable of being used for the living, sleeping or
eating accommodation for persons, notwithstanding that the said vehicle or portable
dwelling has been jacked up or its running gear removed.
132.
MOBILE HOME PARK - shall mean a parcel of land under single or condominium
ownership which has been designed for the placement of mobile homes for non-
transient uses, together with ancillary facilities.
133.
MOBILE HOME SITE - shall mean a parcel of land within a mobile home park which is
individually serviced and intended for the placement of one mobile home.
134.
MOTEL - shall mean one building, or two or more detached buildings used for the
purpose of catering to the needs of the travelling public by furnishing sleeping
accommodation with or without a supply of food, refreshments, or both, and provided
each guest or sleeping room may be entered from a separate entrance, and shall
include associated parking facilities, and all such buildings operating under the Liquor
License Act, R.S.O. 1990, c.L.19, as amended.
135.
MUNICIPAL DRAIN - shall mean drainage works assumed, constructed and
maintained under the provisions of the Drainage Act, R.S.O. 1990, c.D.17, as
amended, and including both open and closed drain channels.
136.
MUNICIPAL SERVICES - shall mean such services as curbs, gutters, sidewalks,
pavement and roadworks, sewage systems, sanitary and drainage systems, water
treatment plants, pumping stations, sewage treatment plants, private drain
connections, watermains, service pipes, electrical services, street lights, and
stormwater management controls and systems designed to service or capable of
servicing a lot.
4.0 DEFINITIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
31
137.
MUSHROOM FARM OR MUSHROOM OPERATION - shall mean an operation
involved in the growing, harvesting, cleaning, packaging and/or shipping of
mushrooms.
138.
NON-COMPLYING - shall mean a lot, building, or structure which is existing but does
not meet, comply or coincide with the building, lot, yard, parking and other regulations
of this By-law.
139.
NON-CONFORMING - shall mean a use which is existing on the date of passing of
this By-law, but not permitted in the zone in which the said use is situated.
140.
NON-RESIDENTIAL - when used with reference to a building, structure or use, shall
mean designed, intended or used for purposes other than those of a dwelling.
141.
NOXIOUS USE - shall mean any use which is offensive or dangerous by reason of the
emission of odour, smoke, dust, noise, gas, fumes, vibration or refuse matter, beyond
the boundaries of the lot.
142.
NURSERY AND GARDEN STORE - shall mean the use of land, buildings or
structures or part thereof where trees, shrubs or plants are grown or stored for the
purpose of transplanting, for use as stocks for buildings or grafting or for the purpose
of retail or wholesale, together with the sale of soil, planting material, fertilizers and
similar materials.
143.
OCCUPY AND OCCUPANCY- shall mean the use of a building or part thereof for the
shelter or support of persons, animals or property.
144.
OFFICE - shall mean any building or part of a building or any room or suite of rooms
designed, intended or used for the conduct of a profession, occupation or business,
but shall not include the office of an animal clinic, the retailing of merchandise, the
manufacturing, repairing or storage of goods, a financial institution, medical office, or
any place of assembly or amusement.
145.
OPEN AIR FARMERS MARKET AND FLEA MARKET - shall mean an establishment
or premises where the farm products of a local farming community are sold at retail
from open air areas designated for individual retailers, and shall also include an
occasional or periodic sales activity held within an open air area where individual
sellers offer goods, new and used, for sale to the public, not to include private garage
sales. For clarity, preparation of food for consumption on the premises is not permitted.
146.
OPEN SPACE, LANDSCAPED - shall mean open unobstructed space on the site
which is suitable for landscaping, including any part of the site occupied by
recreational accessory buildings, any surfaced walk, any balcony, deck, patio which is
less than 0.2 m in height and not attached to a building or structure, any sports or
4.0 DEFINITIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
32
recreation area, any ornamental or swimming pool, and the roof or other part of a
building or structure open to the air and suitable for landscaping and used as a
recreational area, but excluding any driveway or ramp, whether surfaced or not, any
curb, retaining wall, or parking area.
147.
ORGANIC SOIL CONDITIONING - shall mean incorporating processed organic waste
into the soil to improve its characteristics for crop or ground cover growth. Such
activities are subject to approval by the Ontario Ministry of Environment.
148.
OUTDOOR DISPLAY AND SALES AREA - shall mean an area set aside out of doors
covered or uncovered, to be used in conjunction with an established use or business
located, in adjacent permanent premises for the display or sale of fresh produce or
new goods or merchandise, but does not include an automobile sales and service
establishment.
149.
OUTDOOR PATIO - shall mean an area set aside out of doors, covered or uncovered
for the use of patrons of a licensed eating establishment as an accessory use to the
operation of an adjacent eating establishment.
150.
OUTDOOR STORAGE - shall mean the storage of goods or materials in the open air
and in unenclosed portions of buildings which are open to the air on the sides.
151.
PARK, PRIVATE - shall mean a park not open to the general public and may be
operated for commercial gain.
152.
PARK, PUBLIC - shall mean a park controlled or owned by the Town or a public
authority normally open to the public.
153.
PARKING or PARKED - shall mean the temporary storage of a motor vehicle, boat,
motor home, trailer or other similar recreation vehicles.
154.
PARKING AREA - shall mean an area or areas of land or a building or structure or
part thereof which is provided and maintained for the purpose of temporary parking or
storing of motor vehicles accessory to a permitted use.
155.
PARKING LOT or PARKING STRUCTURE, PUBLIC - shall mean a non-accessory
parking area which is an open area, other than a street, or a building or structure used
for the temporary parking of two (2) or more motor vehicles for profit or gain.
156.
PARKING SPACE - shall mean a defined area, exclusive of aisles or driveways,
enclosed in a building or structure or unenclosed, and set aside for the parking of a
motor vehicle.
157.
PERSON - shall include an individual, an association, a firm, a partnership or an
incorporated company, municipal corporation and the agent, trustee, heirs, executors,
4.0 DEFINITIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
33
or other legal representatives of a person to whom the context can apply according to
law.
158.
PERSONAL SERVICE SHOP - shall mean a building or part thereof in which services
are provided and administered to the individual and personal needs of persons or their
pets, and without limiting the generality of the foregoing, includes barber shops,
hairdressing establishments, dog grooming establishments, spas, shoe repair and
shoe shining shops, tailor shops, bake shops, dry cleaning depots and laundromats,
wherein machines and facilities for wet laundering, drying or finishing are available for
public use at a cost, but shall not include a dry cleaning establishment.
159.
PHARMACY - shall mean a retail establishment which dispenses prescription drugs
and which sells, among other things, non-prescription medicines, health and beauty
products and associated sundry items.
160.
PIT - shall mean 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 may include the processing thereof for commercial purposes including
screening, sorting, washing, crushing and other similar operations, buildings and
structures.
161.
PLACE OF ENTERTAINMENT - shall mean a motion picture or other theatre,
amusement arcade including amusement game machines, arena, auditorium,
assembly hall, billiard or pool room, bingo hall, drive-in theatre, bowling alley, indoor
racquet courts, indoor swimming pool, ice or roller rink, studio, dance hall or music
hall, but does not does not include an adult entertainment establishment or any place
of entertainment or amusement otherwise defined or classified herein.
162.
PLACE OF WORSHIP - shall mean a building dedicated to religious worship and
includes a church, synagogue, temple, mosque, hermitage or assembly hall and may
include such accessory uses as a nursery school, a school of religious education,
convent, monastery, parish hall or an assembly hall.
163.
POINT OF INTERSECTION - shall mean the point at which street lines abutting a
corner lot intersect, or, if the street lines do not intersect at a point, then the point of
intersection shall be deemed to be the intersection of the projection of the street lines
or the intersection of the tangents of the street lines. Refer to the definition and
illustration for sight triangle.
164.
PORCH - shall mean a roofed open area attached to the outside of a building and with
direct access to or from a building.
165.
PORTABLE BATCHING OR RECYCLING PLANT, CONCRETE OR ASPHALT - shall
mean equipment for the crushing, screening or washing of sand and gravel aggregate
4.0 DEFINITIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
34
materials which is capable of being readily drawn or readily propelled, and capable of
producing product.
166.
PRINTING ESTABLISHMENT - shall mean a building, or part thereof, used for the
primary purpose of printing, lithographing, duplicating or publishing.
167.
PRIVATE HOME DAY CARE - shall mean the temporary care for reward or
compensation of five children or less who are under ten years of age where such care
is provided in a private residence, other than the home of a parent or guardian of any
such child, for a continuous period not exceeding twenty-four hours, in accordance
with the Day Nurseries Act, R.S.O. 1990, c.D.2, as amended.
168.
PRIVATE ROAD - shall mean a right-of-way, existing on the day of passing of this By-
law, which has not been dedicated as a street or assumed by the Town, but is owned
privately and which affords the principal means or access to abutting, separately
owned, legally conveyable parcels of land.
169.
PROPANE OPERATION - shall mean an operation in respect of which a person is
required to prepare a risk and safety management plan under Ontario Regulation
211/01 (Propane Storage and Handling) made under the Technical Standards and
Safety Act, 2000, S.O. 2000, c.16, as amended.
170.
PROPANE OPERATOR - shall mean a person who is required to prepare a risk and
safety management plan under Ontario Regulation 211/01 (Propane Storage and
Handling) made under the Technical Standards and Safety Act, 2000, S.O. 2000, c.16,
as amended.
171.
PROPANE TRANSFER FACILITY - shall mean a facility at a fixed location having not
more than one storage container and such container shall not have an aggregate
propane storage capacity in excess of fifty thousand litres and from which no retail
sale of propane fuel to the public is permitted.
172.
PUBLIC AUTHORITY - shall mean any 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 of commission
or committee of 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 Town or any portion thereof, and includes any board, commission or
committee or local authority established by By-law of the Town.
173.
PUBLIC LANE - shall mean a public thoroughfare which affords only a secondary
means of access to abutting lots and which is not intended for general traffic
circulation.
4.0 DEFINITIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
35
174.
PUBLIC STORAGE - shall mean a building or building consisting of individual units
with personal vehicular access, used for the storage of goods, wares, merchandise,
foodstuffs, substances, articles or things, but does not include a fuel storage tank
except as an accessory use.
175.
PUBLIC UTILITIES - shall mean the buildings, structures and other related work
necessary for supplying transportation services, water, gas, oil, electricity, steam, hot
water, communication/telecommunication services, storm drainage, sewage collection
and treatment facilities and other similar services but does not include solid waste
management facilities, waste transfer operations, recycling facilities or a composting
operation.
176.
QUARRY - shall mean land or land under water from which consolidated gravel,
stone, sand, earth, clay, fill mineral or other material is being or has been excavated,
and that has not been rehabilitated, but does not mean land or land under water
excavated for a building or structure on the excavation site.
177.
RECREATIONAL VEHICLE - shall mean a portable vehicular unit designed for travel,
camping or recreational use and includesa holiday trailer, motorized camper, boat and
boat trailer.
178.
RECREATIONAL VEHICLE SALES, SERVICE AND STORAGE ESTABLISHMENT -
shall mean premises where new and/or used recreational vehicles, are stored or
displayed for the purpose of sale, lease or hire and shall include the storage and sale
of accessories together with the repair and service of recreational vehicles and boats.
179.
RECYCLING CENTRE - shall mean land and one or more buildings where recyclable
material is received from a generator of waste for the purpose of sorting and
consolidating, and resale or delivery to another location. The outdoor storage of
recyclable material is not permitted.
180.
REDEVELOPMENT - shall mean the removal of buildings or structures from land and
the construction or erection of other buildings or structures thereon.
181.
REFRESHMENT ROOM - shall mean a building or part thereof in which alcoholic or
non-alcoholic beverages, with or without related snacks or refreshments other than full
meals, are offered or kept for retail sale to the public for immediate consumption
therein, and does not include mobile fast food outlets.
182.
RESOURCE EXTRACTION OPERATION - shall mean a place where gravel, rock,
sand, earth, clay, fill, mineral, petroleum resources or other minerals being or has been
removed by means of an open excavation or ground extraction to supply material for
construction, industrial, manufacturing or refining purposes, but does not include a
wayside pit or wayside quarry.
4.0 DEFINITIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
36
183.
RETAIL AND SERVICE USES RELATED TO RECREATION - shall include such uses
as boat and watercraft rentals, snack bars, refreshment rooms, a miniature golf
course, and other similar recreational uses.
184.
RETAIL ESTABLISHMENT - shall mean a building or part of building where goods,
wares, merchandise, articles or things are offered or kept for sale at retail and includes
storage on or about the store premises of limited quantities of such goods, wares,
merchandise, articles or things sufficient only to service such store but does not
include any wholesale establishment or business supply use, large format retail
establishments, or any establishment otherwise defined or classified.
185.
RETAIL ESTABLISHMENT, CONVENIENCE - shall mean a retail establishment
where both household and grocery items are offered for sale primarily to serve
people's daily needs and may include the rental of videos, an automated banking
machine and/or depots for such items as film, laundry or dry cleaning.
186.
RETAIL ESTABLISHMENT, LARGE FORMAT - shall mean any retail establishment,
including supermarkets, home improvement stores, department stores and other retail
establishments over 3,000 m2 in gross floor area.
187.
RETAIL USE, ACCESSORY - shall mean a retail establishment which is clearly
associated with and subordinate to a main use of a lot, building or structure.
188.
RETIREMENT HOME - shall mean a residence providing accommodation primarily for
retired persons or couples where each private bedroom or living unit has a separate
private bathroom and separate entrance from a common hall or directly to outside and
where common facilities for the preparation and consumption of food shall be
provided, and common lounges, recreation rooms and medical care facilities shall also
be provided.
189.
RIGHT-OF-WAY or EASEMENT - shall mean any right, liberty or privilege, in, over,
along or under land, which the owner of one lot may have with respect to any other lot
or which the Town, any other governmental authority or agency, private company or
individual may have with respect to any land in the Town.
190.
ROAD, COUNTY - shall mean a street under the jurisdiction of the County.
191.
SALVAGE YARD or SCRAP YARD - shall mean an establishment, lot or premises
used for the storage, wholly or partly in the open, handling, processing, or any
combination thereof, of scrap material for reuse for the purpose of commercial gain,
which, without limiting the generality of the foregoing, shall include waste paper, rags,
bones, bottles, bicycles, vehicles, tires, metal, and junk. Scrap metal yards and
automobile salvage yards shall also be included.
4.0 DEFINITIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
37
192.
SANITARY SEWER - shall mean an adequate system of underground conduits,
operated either by the Town or by the Ministry of the Environment or their agents,
which carries waste water to an adequate place of treatment which meets with the
approval of the Ministry of the Environment.
193.
SATELLITE DISH - shall mean a device designed to receive communication signals
from a satellite.
194.
SCHOOL - shall mean any educational establishment operating under the jurisdiction
of a Board as defined in the Education Act, R.S.O., 1990, c.E.2, as amended, or a
college or university including a nursery or boarding school which may or may not
have accessory dormitory facilities.
a)
SCHOOL, COMMERCIAL - shall mean an educational establishment not
under jurisdiction of any school board or the Government of Ontario, operating
for gain or profit.
b)
SCHOOL, PRIVATE - shall mean an educational establishment which does
not operate under the jurisdiction of a Board or the Government of Ontario.
c)
SCHOOL, PUBLIC - shall mean an educational establishment operating
under the jurisdiction of the Greater Essex County District School Board, the
Windsor-Essex Catholic District School Board, Conseil Scolaire de district du
Centre-Sud-Ouest, or a school operated under charter granted by the
Province of Ontario.
195.
SEASONAL PRODUCE - shall mean products harvested or capable of being
harvested within the County of Essex and surrounding area during the season at
which it is offered for sale, and which shall include evergreen trees.
196.
SERVICE AND REPAIR ESTABLISHMENT - shall mean a premise engaged in
maintaining, repairing and installing machinery and equipment for household and
personal use, such as air conditioners, appliances, watches, clocks, jewellery,
reupholstery, small engine repair and furniture repair.
197.
SERVICE TRADE ESTABLISHMENT - shall mean an establishment where an
individual who performs electrical, plumbing, carpentry or other similar trade work,
primarily off-site, may store materials and may have an accessory office.
198.
SETBACK - shall mean the horizontal distance between the nearest part of any main
wall of any building or structure and what it is to be set back from, measured at right
angles and extending the full width or depth of the lot.
199.
SHOPPING CENTRE - shall mean a group of commercial uses, planned, designed,
developed and managed as a unit by a single owner or tenant, or group of owners or
4.0 DEFINITIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
38
tenants, as opposed to a business area comprising unrelated individual business uses,
and having off-street parking provided on the same lot.
200.
SIGHT DISTANCE - shall mean a length of distance measured along a street line
from the point of intersection of two street lines.
201.
SIGHT TRIANGLE - shall mean a triangular space, free of buildings, structures and
obstruction other than those expressly permitted by this By-law, formed by the street
lines abutting a corner lot and a third line drawn from a point on a street line to another
point on a street line, each such point being the required sight distance from the point
of intersection of the street lines.
4.0 DEFINITIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
39
Illustration of sight triangles (provided for illustration purposes only):
202.
SMALL-SCALE GENERATING SYSTEMS - shall mean systems that generate
electricity only for the property owner and do not contribute to the electricity grid.
203.
SMALL ENGINE REPAIR - shall mean a building or part thereof used for the repair
and maintenance of motors and engines used in small appliances and equipment,
such as lawnmower engines, generators, forklifts and other such equipment, and does
not include the repair of engines used in vehicles.
4.0 DEFINITIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
40
204.
STACKING SPACE - shall mean a portion of a parking area, other than a parking
aisle or a parking space, which provides standing room for vehicles in a queue and,
without limiting the generality of the foregoing, includes a queue for a drive-through
eating establishment, drive-through automobile washing establishment, drive-through
financial institution, or drive-through pharmacy, where permitted by this By-law.
205.
STORAGE - shall mean the keeping of goods and materials. When used in reference
to the keeping of a recreational vehicle or utility trailer, storage shall not include the
keeping of such recreational vehicle or utility trailer for fourteen (14) days or less in any
given calendar year. Store and storing shall have corresponding meanings.
206.
STOREY - shall mean 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;
which is more than fifty percent above the grade; and
which has a height of not less than 2.1 metres and includes an attic having not less than 2.1
metres headroom for at least fifty percent of the attic's floor area, and is in accordance with the
Building Code.
207.
STOREY, FIRST - shall mean the lowest story of a building, at or immediately above
grade.
Illustration of Storey Definitions (provided for illustration purposes only):
4.0 DEFINITIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
41
208.
STREET, HIGHWAY, OR ROAD - shall mean a common and public street, road,
highway or commons vested in the Town, the County, the Province or any other public
authority having jurisdiction over the same and includes a bridge or any other structure
forming part of a street on, over or across which a street passes, but does not include
a private road.
209.
STREET CENTRELINE - shall mean the centerline of the original road allowance as
opposed to the centreline of the traveled roadway, or any widened road allowance.
210.
STREET LINE - shall mean the limit of a street allowance and is the boundary or
dividing line between a street and a lot.
211.
STRUCTURE - shall mean anything, including all component parts that is erected,
built, constructed and affixed to or supported by the ground.
212.
STUDIO - shall mean a building or part thereof used as the workplace of a
photographer, craftsman or artist or for the instruction of art, music, dancing,
photography, languages or similar disciplines and artistic endeavours. The sale of any
artifacts produced therein shall be permitted only as an accessory use.
213.
SUPERMARKET - shall mean a retail establishment having at least 700 m2 of gross
floor area but not more than 3,000 m2 of gross floor area, in which the sales of a
balanced line of groceries, bakery products, dairy products, canned and/or frozen
foods, prepared meats, meats, fish and poultry, fresh fruits and vegetables and other
food lines form the dominant business activity and some of which may be prepared,
processed or packaged on the premises. In addition, limited lines of non-food items
may be carried including newspapers, magazines, paper products, soft drinks, tobacco
items, health and beauty aids, small housewares and similar convenience goods.
214.
SWIMMING POOL, PRIVATE OUTDOOR - shall mean a privately owned pool
whether or not in the ground, capable of being used for swimming, wading, diving or
bathing and which, when filled, is capable of containing a depth of point three metres
or more of water. For the purpose of regulations pertaining to lot coverage in the by-
law, a "private outdoor swimming pool" is deemed not to be a building or structure.
215.
TAXI ESTABLISHMENT - shall mean a lot or building used as a dispatch office or an
area, site or location used for the parking of taxis and/or limousines when not engaged
in transporting persons or goods.
216.
TOP OF BANK - shall mean, when used with reference to a watercourse or municipal
drain, the highest elevation of land which ordinarily confines the waters of such
watercourse or municipal drain.
4.0 DEFINITIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
42
217.
TOURIST INFORMATION SERVICES - shall mean a lot or building used to provide
information to the travelling public, either as a main use or as an accessory use.
218.
TOWN - shall mean the Corporation of the Town of Lakeshore.
219.
TRAILER - shall mean any vehicle so constructed that it is suitable for being attached
to a motor vehicle for the purpose of being drawn or propelled by the motor vehicle.
220.
TRAILER, HOLIDAY - shall mean a trailer that is capable of being used for temporary
living or sleeping of persons therein for seasonal travel, recreation and vacation
activity, notwithstanding that such vehicle is jacked up or that its running gear is
removed. Without limiting the generality of the foregoing, this definition shall include
tent trailers, motor homes, pick-up truck campers, or similar transportable
accommodation but shall not include a mobile home as defined herein.
221.
TRAILER, PORTABLE - shall mean a structure constructed in such a manner to form
a transportable room or rooms to provide temporary shelter as a classroom or office.
222.
TRAILER, TRANSPORT - shall mean a trailer which is capable of being attached to a
commercial vehicle.
223.
TRAILER, UTILITY - shall mean a non-motorized trailer, whether or not enclosed, and
intended to be towed by a light-duty vehicle for hauling building materials, small
motorized vehicles, goods, finished products or similar objects. A utility trailer shall not
include a recreational vehicle, holiday trailer, or a trailer portion of a commercial semi-
trailer truck.
224.
TRANSPORT TERMINAL - shall mean a premises used for the transfer of goods
primarily involving loading and unloading of freight-carrying trucks, and/or involving the
storing, parking, servicing and dispatching of freight-carrying trucks.
225.
UNENCLOSED - when used in reference to a deck, terrace or patio shall mean a
structure with no walls and no roof.
226.
UNIT - when used in reference to a nursing or rest home shall mean a room providing
sleeping accommodation for not more than four individuals. For the purposes of this
definition, a single room, double room or small ward with four or fewer beds shall each
be considered one unit.
227.
USE or MAIN USE - when used as a noun, shall mean the purpose for which any
land, building, structure or premises, or part or combination thereof, is used or
arranged, designed or intended to be used and "uses" shall have a corresponding
meaning. "Use", when used as a verb, or "to use" shall have a corresponding meaning.
4.0 DEFINITIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
43
228.
USE, COMMERCIAL - shall mean the use of land, buildings or structures or parts
thereof for the uses identified and listed in Table 7.1 c) of this By-law.
229.
USE, EMPLOYMENT - shall mean the use of land, buildings or structures or parts
thereof for the uses identified and listed in Table 7.1 d) of this By-law. An Industrial
use shall not include a marihuana for medical purpose production facility or industrial
hemp production facility.
230.
USE, INSTITUTIONAL - shall mean the use of land, buildings or structures or parts
thereof for the uses identified and listed in Table 7.1 e) of this By-law.
231.
USE, RESIDENTIAL - shall mean the use of land, buildings or structures or parts
thereof for the uses identified and listed in Table 7.1 a) of this By-law.
232.
UTILITY YARD - shall mean any above-ground structures or facilities, other than
buildings, unless such buildings are used as storage incidental to the operation of such
structures or facilities, owned by a governmental entity, a non-profit organization, a
corporation, or any entity defined as a public utility for any purpose and used in
connection with the production, generation, transmission, delivery, collection, or
storage of water, sewage, electricity, gas oil, or electronic signals.
233.
VEHICLE - shall mean a self-propelled wheeled means of transport for the
transportation of passengers and/or goods and without limiting the generality of the
foregoing, includes automobiles, motorcycles, trucks, buses, ambulances, hearses,
motor homes, tractors, self-propelled farm machinery and trailers, and vehicular shall
have a corresponding meaning.
234.
VEHICLE, COMMERCIAL - shall mean small, light duty vans and pick-up trucks or
other vehicle having permanently attached thereto a truck or delivery body not
exceeding one (1) tonne and used for delivery transport, haulage or service and shall
include any automobile used for commercial purposes.
235.
WAREHOUSE - shall mean a building or part thereof which is used primarily for the
housing, storage, adapting for sale, packaging or wholesale distributing of goods,
wares, merchandise, foodstuff, substances, articles or things, but does not include a
fuel storage tank except as an accessory use.
236.
WASTE DISPOSAL SITE - shall mean any land upon, into or through which waste is
deposited including the processing and any machinery or equipment or operation for
the treatment or disposal of waste, but does not include a greenhouse waste
processing operation.
237.
WASTE PROCESSING FACILITY - shall mean lands, buildings or structures in or
upon which waste is shredded, baled, pulverized, composted, separated or otherwise
4.0 DEFINITIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
44
treated or altered to facilitate its further transfer, processing, utilization or disposal, and
in accordance with a Certificate of Approval issued by the Ontario Ministry of the
Environment where such certificate is required.
238.
WASTE TRANSFER SITE - shall mean lands where waste is collected and
temporarily stored so that it can be batched and shipped to a recycling centre or waste
disposal site.
239.
WASTE AREA ENCLOSURE - shall mean a fully enclosed accessory structure used
to contain and screen garbage, recycling, compost and refuse, or a solid opaque wall
or fence and gate that is used to screen garbage containment.
240.
WATERCOURSE - shall mean an identifiable depression in the ground in which a flow
of water regularly or continuously occurs. This may include rivers, streams, creeks,
ditches and municipal drains. Watercourses may be natural or they may be human-
made as the case with municipal drains.
241.
WAYSIDE PIT or WAYSIDE QUARRY - shall mean a temporary pit or quarry opened
and used for public authority projects solely for the purpose of a particular project or
contract of road construction and is not located within the road right-of-way.
242.
WHOLESALE ESTABLISHMENT - shall mean a lot, building or structure used for the
resale of goods to persons in large quantities.
243.
YARD - shall mean an open space on the same lot with a main building or structure,
unoccupied and unobstructed except as otherwise provided in this by-law. In
determining yard measurements, the minimum horizontal distance between the main
building or structure and the respective lot lines measured perpendicular from the lot
line shall be used.
a)
FRONT YARD - shall mean a yard extending across the full width of a lot
between the front lot line and the nearest wall of the main building or structure
on the lot.
b)
REAR YARD - shall mean a yard extending across the full width of a lot
between the rear lot line and the nearest wall of the main building or structure
on the lot.
c)
SIDE YARD - shall mean a yard between the side wall of the main building or
structure on the lot and the side lot line and extending from the front yard (or
front lot line, if no front yard exists) to the rear yard (or the rear lot line, if no
rear yard exists).
d)
SIDE YARD, EXTERIOR - shall mean a side yard immediately adjoining a
street.
4.0 DEFINITIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
45
e)
SIDE YARD, INTERIOR - shall mean any side yard other than an exterior
side yard.
Illustration of yard definitions (for illustration purposes only):
244.
ZONE - shall mean an area delineated on the zoning maps attached hereto as
Schedule "A" and established and designated by this By-law for a specific use or
group of uses.
5.0 ZONES AND ZONING MAPS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
47
5.0
Zones and Zoning Maps
5.1
General
For the purpose of this By-law all the lands within the boundaries of the Town are hereby
divided into various zones to which the provisions and regulations herein shall respectively
apply.
5.2
Establishment of Zones
For the purpose of this By-law the map and map parts hereto attached as Schedule "A" shall
be referred to as the zoning maps for the Town. The zoning maps shall be divided into the
following zones and such zones are indicated on the zoning maps by zone symbols consisting
of letters and numbers, as the case may be, as listed below:
Zone Symbol
Zone Title
Residential Zones
R1
Residential - Low Density
R2
Residential - Medium Density
R3
Residential - High Density
RM
Residential Mobile Home Park
RW1
Residential Waterfront - Watercourse
RW2
Residential Waterfront - Lake St. Clair
Hamlet Zones
HR
Hamlet Residential
HC
Hamlet Commercial
HE
Hamlet Employment
Commercial Zones
CS
Service Commercial
CR
Rural Commercial/Employment
CN
Neighbourhood Commercial
CT
Recreational/Tourist Commercial
5.0 ZONES AND ZONING MAPS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
48
Zone Symbol
Zone Title
Mixed Use Zones
CA
Central Area
MU
Mixed Use
Employment Zones
M1
General Employment
M2
Business Park
Institutional Zones
I1
Major Institutional
I2
Minor Institutional
Agriculture Zone
A
Agriculture
Environmental Protection, Parks and Open Space Zones
EP
Environmental Protection
W
Wetland
P
Parks and Open Space
Urban Reserve Zone
UR
Urban Reserve
5.3
Use of Zone Symbols
The zone symbols listed in Section 5.2 (Establishment of Zones) shall be used to refer to land,
buildings, and structures and to the use thereof permitted by this by-law in the said zones, and
whenever in this by-law the word "zone" is used, preceded by any of the said zone symbols,
such zone shall mean any area within the Town delineated on the zoning maps and
designated thereon by the said zone symbol.
5.4
Defined Areas
Certain areas within any of the various zones or within parts of more than one zone may be
more specifically regulated and such areas shall be known as "defined areas". All zones may
be subdivided into one or more defined areas which shall be designated by reference to the
symbol of the zone within which each such defined area is located together with an additional
5.0 ZONES AND ZONING MAPS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
49
symbol, either letter, number, or both, so as to differentiate different defined areas within a
zone from each other and from other areas within the zone.
5.5
Holding Zone (h) Provisions
Where the zoning applying to any lot or area includes the holding symbol (h) suffixed to any
zone symbol, only existing uses shall be permitted until such time as the holding symbol (h) is
removed. Application of the holding symbol (h) indicates that development of the lands is
premature at the present time. However, it does indicate the use to which lands, buildings or
structures may be put at such time in the future as the holding symbol is removed by
amendment to this by-law in accordance with Section 36 of the Planning Act. Section 8.3.2.1
of the Town of Lakeshore Official Plan outlines the criteria to be satisfied in order to remove
the holding symbol (h); however, more specific criteria or holding provisions may be included in
the Zoning By-law, provided that such criteria is in conformity with the Town of Lakeshore
Official Plan.
The following table establishes the holding zone provisions, including the extent of permitted
uses while the holding symbol (h) is in place, and the conditions that must be satisfied for the
removal of the holding symbol (h).
Holding
Symbol
Permitted Uses Until
the Holding Symbol
Is Removed
Conditions For Removal of the Holding Symbol
h1
Existing uses shall be
the only uses permitted
in the interim.
Provision of municipal services (storm drainage, water and
sanitary sewage) in accordance with Section 7.0 of the Town
of Lakeshore Official Plan.
h2
Existing uses shall be
the only uses permitted
in the interim.
That site plan approval has been granted by the Town and a
site plan agreement has been entered into, pursuant to the
provisions of the Planning Act.
h3
In the CR-39 zone the
uses identified as i)
and vi) through xv)
shall be permitted in
addition to existing
uses.
That site plan approval has been granted by the Town and a
site plan agreement has been entered into, pursuant to the
provisions of the Planning Act.
h4
Existing uses shall be
the only uses permitted
in the interim.
The holding symbol shall not be removed until such time as
the subdivision agreement is executed by the owner and the
Town and the development receives final approval by the
County.
h5
Existing uses shall be
the only uses permitted
in the interim.
That a fully executed subdivision, condominium,
development or site plan control agreement is executed by
the owner and the Town and if required, that the
development receives final approval by the County.
h6
Existing uses shall be
the only uses permitted
That adequate sewage disposal and the provision of other
services has been accommodated in accordance with
5.0 ZONES AND ZONING MAPS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
50
Holding
Symbol
Permitted Uses Until
the Holding Symbol
Is Removed
Conditions For Removal of the Holding Symbol
in the interim.
Section 7.0 of the Town of Lakeshore Official Plan,
development applications are approved, various agreements
are in place, plans of subdivision or condominium are
approved, where necessary.
h7
Existing uses shall
be the only uses
permitted in the
interim
A consent approval to provide an appropriate access
easement (permanent) over the subject lands in favour of
the lands to the east; and a site plan has been approved
and a site plan agreement entered into, including among
other items the conveyance of sufficient lands for the
widening of Patillo Road.
h8
Existing uses shall be
the only uses permitted
in the interim.
That zoning approval has been granted by the Town to
rezone the lands to an MU zone.
That draft plan of subdivision, draft plan of condominium,
and/or site plan approval has been granted by the Town and
an agreement has been entered into, pursuant to the
provisions of the Planning Act.
That the land use compatibility and built form policies of
Section 3.4.3 of the Town of Lakeshore Official Plan and the
guidelines of the Corridor Transformation Strategy - County
Road 22 Special Planning Area Design Guidelines have
been addressed to the satisfaction of the Town.
Provision of municipal services (storm drainage, water and
sanitary sewage) in accordance with Section 7.0 of the Town
of Lakeshore Official Plan.
h9
Existing uses shall be
the only uses permitted
in the interim.
The holding symbol shall not be removed until such time as
the subdivision agreement is executed by the owner and the
Town and the development receives final approval by the
County.
h10
Existing uses shall be
the only uses permitted
in the interim.
The Owner has paid to the Town all costs associated with the
installation of a new water service on the lot containing the
rectory from the municipal water main to the property line
(right of way limit).
The Owner has installed new private septic systems on both
the lot containing the rectory and the lot containing the
church building, to the satisfaction of the Town.
h11
Existing uses shall be
the only uses permitted
in the interim.
A Site Plan and Site Plan Agreement between the owner and
the Town has been approved and registered on title.
A Certificate of Approval from the Ministry of Environment
5.0 ZONES AND ZONING MAPS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
51
Holding
Symbol
Permitted Uses Until
the Holding Symbol
Is Removed
Conditions For Removal of the Holding Symbol
has been received.
h12
Existing uses shall be
the only uses permitted
in the interim.
Three additional soil test sample pits have been investigated
by a qualified person along the east and north property lines
to the satisfaction of the Town.
A Record of Site Condition (RSC) has been filed in the
Environmental Site Registry under Section 168.3.1 of the
Environmental Protection Act and a written
acknowledgement from the Ministry of Environment
confirming the filing of the RSC has been provided to the
Town,
Issues related to servicing and access to County Road No.
46 have been addressed to the satisfaction of the Town and
the County of Essex,
h13
Existing uses shall be
the only uses permitted
in the interim.
The Owner has either connected to the municipal waterline
on County Road 42 or has obtained a permanent easement
for the private waterline to the north of the subject property,
to the satisfaction of the municipality.
h14
Cultivation of land and
the production of crops
only (excluding: the
breeding and care of
livestock uses or other
farm animals,
mushroom operations
etc. and buildings or
structures for the
same)
Provision of municipal services to the satisfaction of the
Town (storm drainage, water and sanitary sewage) in
accordance with Section 7.0 of the Town of Lakeshore
Official Plan.
Certificate of Approval.
That a subdivision agreement between the Owner and the
Town has been executed and registered.
h15
Existing uses shall be
the only uses
permitted.
Provision of access acceptable to the Town from Lot 277,
Plan 1624, to Haven Avenue be established.
h16
In the CR-48 zone, a
single detached
dwelling shall be
permitted, in addition to
any existing uses.
That Site Plan Approval has been granted by the Town and a
site plan agreement has been entered into, pursuant to the
provisions of the Planning Act.
h17
In the CR-49 zone, the
use identified as, a)
warehouse, shall be
permitted, in addition to
existing uses.
Hard surfacing (cement or asphaltic binder or any other
permanent type of surfacing) and curbing (concrete or rolled
asphalt or other suitable obstruction, designed to provide a
neat appearance) of parking areas and their approaches.
5.0 ZONES AND ZONING MAPS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
52
Holding
Symbol
Permitted Uses Until
the Holding Symbol
Is Removed
Conditions For Removal of the Holding Symbol
h18
Existing uses shall be
the only uses
permitted.
Provision of full municipal services in accordance with
Section 7.0 of the Town of Lakeshore Official Plan,
development applications are approved, various agreements
are in place, plans of subdivision or condominium are
approved, where necessary.
h19
Existing uses shall be
the only uses permitted
in the interim
The holding symbol shall not be removed until such time as a
Transportation Impact Assessment (TIA) has been reviewed
and approved to the satisfaction of the County of Essex and
the Town of Lakeshore.
h20
Existing uses shall be
the only uses permitted
in the interim
The holding symbol shall not be removed until such time as
the following have been completed to the satisfaction of the
Town of Lakeshore:
- comply with the Endangered Species Act;
- submit for approval and implement the
recommendations from an Environmental Impact
Assessment, Geotechnical Study, Environmental
Site Assessment and Archaeological Assessment;
- enter into an agreement for the construction and
opening of the southerly abutting unopened road
allowance (Admiral's Drive).
h21
Existing uses shall be
the only uses permitted
in the interim
The holding symbol shall not be removed until such time as
the following have been completed to the satisfaction of the
Town of Lakeshore:
- That site plan approval and / or related agreements
have been granted by the Town for the commercial
development;
That site plan agreement, subdivision agreement or other
development agreements have been granted by the Town for
the residential development.
h22
Existing uses shall be
the only uses permitted
in the interim
The holding symbol shall not be removed until such time as
the following have been completed to the satisfaction of the
Town of Lakeshore:
- That existing building (former restaurant) be
demolished.
- That a Record of Site Condition under the
5.0 ZONES AND ZONING MAPS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
53
Holding
Symbol
Permitted Uses Until
the Holding Symbol
Is Removed
Conditions For Removal of the Holding Symbol
Environmental Protection Act has been provided.
- Adequate sewage system to the satisfaction of the
municipality.
h23
Existing uses shall be
the only uses permitted
in the interim
The holding symbol shall be removed upon execution by the
owner of a site plan agreement generally addressing the
following matters:
- Phasing plan to show how the cemetery will be
phased;
- Landscape Plan to show entry features, berming and
screening plantings in the first phase of the
cemetery;
- Flat plot ground markers to be shown for the
westerly portion of the first phase of cemetery, with
raised plot ground markers shown for the easterly
portion of the first phase of the cemetery;
- In ground burial area for the cemetery to be setback
through the approval of the site plan from Elmstead
Road; and
- Completion of other relevant plans, drawings and
studies, as identified in the pre-consultation meeting
for the Site Plan Control Application.
5.6
Incorporation of Zoning Maps
The location and boundaries of the zones and defined areas established by this By-law as
shown on the zoning maps hereto appended as Schedule "A" and map parts together with
everything shown thereon and all succeeding amendments thereto, are hereby incorporated in
and declared to form part of this By-law.
5.7
Application of Regulations
No person shall within any zone or defined area use any land or erect, build, construct,
reconstruct, relocate, excavate for, alter, add to, enlarge, extend or use any building or
structure, except in conformity with this by-law for the zone or defined area in which such land,
building, structure or use is located.
5.0 ZONES AND ZONING MAPS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
54
5.8
Interpretation of Zone and Defined Area Boundaries
Where any uncertainty exists as to the location of the boundary of any of the said zones or
defined areas as shown on the zoning maps, the following shall apply:
a)
The boundary of the zones are defined as the street centrelines or the lot lines
and the projection thereof, unless otherwise shown.
Where zone boundaries or defined area boundaries are indicated as approximately following
lot lines shown on a registered plan of subdivision, such lot lines shall be deemed to be the
said boundary.
Where zone boundaries or defined area boundaries are indicated as approximately parallel to
the street line and the distance from such street line is not indicated, such zone boundaries or
defined area boundaries shall be construed as being parallel to such street line and the
distance there from shall be determined by the use of the scale shown on the zoning maps.
Where a street, private road, electrical transmission line right-of-way, open municipal drain or
watercourse is shown on the zoning maps, it is included within the zone or defined area of the
adjoining property on either side thereof, and where such street, private road, electrical
transmission line right-of-way, open municipal drain or watercourse serves as a boundary
between two or more different zones, defined areas or both, a line midway in such street,
private road, electrical transmission line right-of-way, open municipal drain or watercourse and
extending in the general longitudinal direction thereof is considered the boundary between
zones, defined areas, or both, unless specifically indicated otherwise.
Where a dedicated street or right-of-way shown on the zoning map is closed, the property
formerly in the said street or right-of-way shall be included within the zone or defined area of
the adjoining property on either side of the said closed street or right-of-way and the zone
boundary or defined area boundary shall be the former street centerline of said closed street or
right-of-way.
Where a zone or defined area boundary is indicated as following the edge of an open
municipal drain or watercourse, the boundary shall follow the top of bank of such open
municipal drain or watercourse and, in the event that the top of bank of such open municipal
drain or watercourse changes, the boundary shall be taken as having moved with the top of
bank.
Where a zone or defined area boundary is indicated as following the shoreline of Lake St.
Clair, the boundary shall follow the water's edge and, in the event that the water's edge
changes, the boundary shall be taken as having moved with the said water's edge.
Where a defined area boundary appears to follow a zone boundary it shall be taken as
following such a zone boundary.
6.0 GENERAL PROVISIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
55
6.0
General Provisions
TABLE OF CONTENTS
6.1
APPLICATION OF GENERAL PROVISIONS ................................................................ 58
6.2
ABATTOIR ........................................................................................................... 58
6.3
ACCESSORY DWELLING UNIT ............................................................................... 58
6.4
ACCESSORY RETAIL USE ..................................................................................... 59
6.5
ACCESSORY USES, BUILDINGS AND STRUCTURES ................................................. 59
6.6
ADDITIONAL REQUIREMENTS RESPECTING EASEMENTS .......................................... 61
6.7
AGRICULTURAL LAND USE GUIDE ......................................................................... 61
6.8
AGRICULTURAL HOME OCCUPATION ..................................................................... 61
6.9
AGRICULTURAL IRRIGATION PONDS ...................................................................... 62
6.10 AGRICULTURAL USE - VALUE ADDED.................................................................... 62
6.11 AUTOMOBILE SERVICE STATION, AUTOMOBILE REPAIR ESTABLISHMENT AND
AUTOMOBILE SALES AND SERVICE ESTABLISHMENT ............................................... 63
6.12 BALCONIES, DECKS AND PATIOS .......................................................................... 64
6.13 BED AND BREAKFAST ESTABLISHMENT.................................................................. 65
6.14 BUFFER STRIP .................................................................................................... 65
6.15 CONVERSION OF SEASONAL DWELLINGS FOR PERMANENT OCCUPANCY .................. 66
6.16 CONVERTED DWELLING ....................................................................................... 66
6.17 COUNTY ROAD 22 STREET FRONTAGES ................................................................ 66
6.18 DANGEROUS USES .............................................................................................. 67
6.19 DRIVE-THROUGH AND STACKING SPACES ............................................................. 67
6.20 DWELLING UNITS PER LOT ................................................................................... 69
6.21 EXISTING LOT ..................................................................................................... 69
6.22 FARM WINERY .................................................................................................... 69
6.23 GREENHOUSE FARM ............................................................................................ 70
6.24 GROUP HOME DWELLING ..................................................................................... 71
6.25 HEIGHT RESTRICTION EXCEPTIONS ...................................................................... 71
6.26 HOME INDUSTRY ................................................................................................. 72
6.27 HOME OCCUPATION ............................................................................................ 72
6.28 KENNEL .............................................................................................................. 73
6.29 LANDSCAPED OPEN SPACE .................................................................................. 73
6.30 LANDSCAPING AND BUFFERING ............................................................................ 74
6.31 LANDS EXHIBITING HAZARDOUS CONDITIONS ........................................................ 74
6.32 MINIMUM DISTANCE SEPARATION ......................................................................... 74
6.32.1 MARIHUANA FOR MEDICAL PURPOSES PRODUCTION FACILITY AND INDUSTRIAL HEMP
PRODUCTION FACILITY ........................................................................................ 75
6.33 MUSHROOM FARM .............................................................................................. 76
6.0 GENERAL PROVISIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
56
6.34 NATURAL HAZARDS AND FLOOD PROTECTION PROVISIONS .................................... 77
6.35 NATURAL HERITAGE OVERLAY ............................................................................. 78
6.36 NON-COMPLIANCE WITH MINIMUM LOT OR YARD REQUIREMENTS ........................... 79
6.36.1
Permission and Enlargements of Legal Non-Complying Buildings and Structures ..... 79
6.36.2
Permitted Exterior Extension....................................................................................... 79
6.36.3
Permitted Interior Alteration ........................................................................................ 80
6.37 NON-CONFORMING USES .................................................................................... 80
6.37.1
Continuation of Existing Uses ..................................................................................... 80
6.37.2
Building Permit Issued ................................................................................................ 80
6.37.3
Discontinued Non-Conforming Use............................................................................. 80
6.38 NOXIOUS USES .................................................................................................. 80
6.39 NURSERY AND GARDEN STORE............................................................................ 80
6.40 OUTDOOR STORAGE ........................................................................................... 81
6.41 PARKING, LOADING AND ACCESS REQUIREMENTS ................................................. 81
6.41.1
Parking Requirements................................................................................................. 81
6.41.2
Parking Areas and Other Parking Provisions .............................................................. 85
6.41.3
Loading Regulations ................................................................................................... 89
6.41.4
Driveway Regulations ................................................................................................. 89
6.42 PERMITTED ENCROACHMENTS IN YARD SETBACKS ................................................ 90
6.42.1
Encroachment and Height of Landscaping ................................................................. 91
6.43 PERMITTED PUBLIC AND OTHER SERVICES ........................................................... 91
6.44 PORTABLE BATCHING OR RECYCLING PLANT, CONCRETE OR ASPHALT AND WAYSIDE
PITS AND QUARRIES ........................................................................................... 92
6.45 PROPANE STORAGE AND HANDLING ..................................................................... 92
6.46 RECREATIONAL VEHICLE AND UTILITY TRAILER STORAGE ...................................... 92
6.47 RESOURCE EXTRACTION OPERATION OR RESOURCE EXPLORATION USE ................ 93
6.48 SATELLITE DISHES .............................................................................................. 93
6.49 SECONDARY FARM DWELLING ............................................................................. 93
6.50 SEPARATION OF DWELLINGS FROM RAILWAYS ....................................................... 94
6.51 SERVICING REQUIREMENTS FOR ALL DEVELOPMENT .............................................. 94
6.52 SETBACKS ON STREETS ...................................................................................... 94
6.53 SIGHT TRIANGLES ............................................................................................... 95
6.54 SIGNS AND FENCES ............................................................................................ 95
6.55 STREET FRONTAGE REQUIRED ............................................................................ 95
6.56 THROUGH LOTS .................................................................................................. 96
6.57 YARD AND OPEN SPACE PROVISIONS FOR ALL ZONES ........................................... 96
6.58 TEMPORARY CONSTRUCTION USES ...................................................................... 96
6.59 TRUCK, BUS AND COACH BODIES, RECREATIONAL VEHICLES, TRAILERS OR TENTS OR
SHIPPING CONTAINERS USED FOR HUMAN HABITATION OR STORAGE ..................... 96
6.60 UNLAWFUL USES ................................................................................................ 97
6.0 GENERAL PROVISIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
57
6.61 USES PERMITTED IN ALL ZONES ........................................................................... 97
6.62 USES PROHIBITED IN ALL ZONES .......................................................................... 98
6.63 WASTE AREA ENCLOSURES ................................................................................. 98
6.0 GENERAL PROVISIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
58
6.1
Application of General Provisions
The provisions of this Section shall apply to all zones and defined areas except as may
otherwise be indicated.
6.2
Abattoir
The following provisions shall apply to an abattoir, where it is permitted by this By-law:
a)
all waste shall be dealt with in accordance with the requirements of the
Ministry of the Environment;
b)
no abattoir shall be located within 150 m of a street; and
c)
no abattoir shall be located within 300 m of an existing residential use on a lot
or where a residential use is permitted, other than the lot where the abattoir is
located.
6.3
Accessory Dwelling Unit
The following provisions shall apply to an accessory dwelling unit, where it is permitted by this
By-law:
a)
pedestrian access to an accessory dwelling unit shall be provided from an
adjacent street or public lane and shall be for the sole use of the occupants of
the said accessory dwelling and shall be separate from the access to the
commercial portion of the building;
b)
minimum landscaped open space shall be 50% of the total floor area used for
the residential use plus the minimum landscaped open space required for the
lot in accordance with the zone regulations. This provision shall not apply in
the CA zone;
c)
in addition to the minimum number of parking spaces required for the main
use of the lot, a minimum of 1.5 parking spaces per dwelling unit shall be
provided on the same lot;
d)
no commercial building wherein gasoline or any other highly flammable, toxic,
or explosive products are handled for commercial purposes in association with
any non-residential use shall have a contiguous dwelling unit. This shall
include, but shall not be limited to, such uses as an automobile service station,
a heavy manufacturing use, a propane transfer facility, a transport terminal, a
recreational vehicle sales, service and storage establishment, a bus terminal,
a marina, a hospital or medical office. Where such dwelling unit exists and the
use of the commercial establishment changes to a use involving the
6.0 GENERAL PROVISIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
59
aforementioned products, the said dwelling unit shall immediately cease to be
occupied as a dwelling unit and shall not be used as a dwelling unit as long as
the aforesaid mentioned products are handled in association with the non-
residential use in the commercial area of the building; and
e)
the dwelling unit(s) shall be either located on the upper floors, or at the rear of
the main floor provided the dwelling unit(s) do(es) not occupy more than 50%
of the main floor.
6.4
Accessory Retail Use
The following provisions shall apply to an accessory retail use, where it is permitted by this By-
law:
a)
The accessory retail use shall be subordinate, but clearly related to, the main
use of the lot, building or structure.
b)
The gross floor area of the accessory retail use shall be a maximum of 15% of
the gross floor area of the main building.
6.5
Accessory Uses, Buildings and Structures
Accessory uses, buildings, or structures, are permitted in any zone subject to the provisions of
this By-law, and provided that:
a)
Detached garages, carports or other accessory uses, buildings or structures:
i)
shall not be considered as an accessory building if attached to the
main building in any way;
ii)
shall not be considered as an accessory building if located completely
underground;
iii)
shall only be permitted where there is a main building located on the
lot;
iv)
shall not be used for human habitation, except where a dwelling unit is
a permitted accessory use;
v)
shall not be built closer to the front lot line than the minimum distance
required by this By-law for the main building on the lot.
Notwithstanding the above, for lands zoned RW2, detached garages,
carports or other accessory uses, buildings or structures may be
permitted with a minimum front yard setback of 3.0 m where a garage
door does not face the street; where a garage door faces the street a
minimum front yard of 6.0 m is required;
6.0 GENERAL PROVISIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
60
vi)
shall not be located in the exterior side yard in the case of a corner lot;
vii)
shall not be built closer than 1.5 m from any lot line except that
common semi-detached private garages or carports may be centred
on a mutual side lot line;
viii)
shall not exceed 15% lot coverage in all zones;
ix)
shall not exceed a gross floor area of 55.0 m2, for each accessory
building on a lot in an R1, R2, R3, RW1, RW2, RM or HR zone;
x)
shall not be erected within 3.0 m of the main building;
xi)
shall not exceed 5.0 m in height unless within an Agriculture Zone;
and
xii)
shall not be built within the rear yard in an RW2 zone where the lot
abuts Lake St. Clair.
b)
Private outdoor swimming pools, and associated decks may be constructed
and maintained as accessory uses to a dwelling, provided that such a use:
i)
shall not be located in the front yard;
ii)
shall not be located within 1.5 m of a side or rear lot line, except on a
corner lot where the minimum exterior side yard shall be 4.5 m;
iii)
shall not have water circulating or treatment equipment such as
pumps or filters, or pool heaters, located closer than 1.5 m to any side
or rear lot line; and
iv)
shall not be included in determining lot coverage.
c)
An outdoor display and sales area may be permitted as an accessory use,
provided that:
i)
the outdoor display and sales area is associated only with a retail use
which is the primary or main use of the lot, building or structure; and
ii)
the outdoor display and sales area is temporary in nature, and the
goods or articles for sale are only on display during the operating
hours of the business.
d)
Outdoor free-standing heat pumps and air conditioning units shall be permitted
as accessory uses provided that:
i)
they are not located in any front yard or interior side yard, except that
any legally existing free-standing heat pump or air conditioning unit
located in an interior side yard shall be permitted; and
6.0 GENERAL PROVISIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
61
ii)
they shall be permitted to encroach into yard setbacks in accordance
with Section 6.42.
6.6
Additional Requirements Respecting Easements
Notwithstanding any yard or setback requirement of this By-law to the contrary, where there is
an existing easement having a width less than 6 m, the setback of all buildings and structures
from such easement shall be that distance necessary to ensure a minimum setback of 1.0 m
from the closest point of the building or structure to which the easement pertains.
6.7
Agricultural Land Use Guide
Notwithstanding any other provisions of this By-law to contrary, all new buildings, structures
and uses to be established in the Agricultural zone shall be in accordance with the Guide to
Agricultural Land Use.
6.8
Agricultural Home Occupation
The following provisions shall apply to an agricultural home occupation, where it is permitted
by this By-law:
a)
The agricultural home occupation shall have no outdoor storage of materials,
containers or finished products in the front or side yards.
b)
The agricultural home occupation shall not change the rural character or
create or become a public nuisance, particularly in regard to noise, traffic,
loading or unloading, or parking.
c)
The agricultural home occupation shall not occupy more than 25% of the
gross floor area of the dwelling unit including any basement area used as
living quarters and any basement area used for an agricultural home
occupation, or 18.5 m2, whichever is the lesser.
d)
The location of all parts of an agricultural home occupation, other than parking
and external storage as regulated in subparagraph a) above, shall be confined
to a dwelling unit and/or attached garage. An agricultural home occupation
may be permitted within a detached accessory building or structure subject to
a site specific amendment to this By-law. Those agricultural home occupations
lawfully existing within a detached accessory building or structure shall
continue to be permitted within such buildings or structures.
e)
No more than three off-street parking spaces shall be associated with the
agricultural home occupation.
6.0 GENERAL PROVISIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
62
f)
No more than two vehicles, including commercial vehicles shall be permitted
to be associated with the agricultural home occupation.
g)
An agricultural home occupation use shall only include a painting business for
things other than motor vehicles, basement waterproofing, a carpentry shop, a
welding or machine or small tool and equipment repair shop for farm
equipment only, a tile drainage contractor, septic tank disposal, home craft
operations such as pottery, woodworking or weaving, furniture upholstering
and refinishing, a seed or agricultural products dealer, or any other use similar
in nature which conforms to the preceding criteria and which the Committee of
Adjustment, upon application, permits.
h)
Agricultural home occupations shall be subject to site plan control under
Section 41 of the Planning Act.
6.9
Agricultural Irrigation Ponds
Outdoor water reservoirs and irrigation ponds used for agricultural purposes shall be located in
accordance with the minimum setbacks identified below. The setback distance shall be
measured from the top of the pond or the landside toe of the berm or other structure
associated with the pond, whichever is greater. The following setbacks shall apply:
a)
7.5 m from all lot lines or 30.0 m from the nearest dwelling on a separate lot,
whichever is greater; and/or
b)
15.0 m from a watercourse and/or municipal drain.
6.10 Agricultural Use - Value Added
The following provisions shall apply to an agricultural use - value added, where it is permitted
by this By-law:
a)
the maximum gross floor area of the agricultural use - value added shall be
557.5 square metres;
b)
the majority of the product processed, preserved, packaged and/or stored
shall be from the farm;
c)
the agricultural use - value added shall be operated by the owner of the farm;
d)
the agricultural use - value added shall be secondary to the main agricultural
use (i.e., the growing of crops) on the property;
e)
employees shall be restricted to the owner and a maximum of five outside
employees, full time or part time, on any given shift; and
6.0 GENERAL PROVISIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
63
f)
the agricultural use - value added is subject to site plan control under Section
41 of the Planning Act.
6.11 Automobile Service Station, Automobile Repair Establishment and
Automobile Sales and Service Establishment
The following provisions shall apply to an automobile service station, automobile repair
establishment, and an automobile sales and service establishment, where these are permitted
by this By-law:
a)
The minimum lot frontage shall be 45.0 m.
b)
The minimum exterior lot frontage shall be 55.0 m.\
c)
The minimum lot depth shall be 40.0 m.
d)
No portion of any pump island shall be located closer than 8.0 m from the
street line.
e)
The minimum distance from any portion of any ingress or egress ramp to any
side lot line which abuts any other lot shall not be less than 3.0 m.
f)
The width of any ingress or egress ramp along any street line shall be not
more than 10.5 m or less than 7.5 m.
g)
The minimum distance between ingress or egress ramps shall not be less
than 9.0 m.
h)
The minimum interior angle of any ramp to the street line shall be greater than
60 degrees and no less than or equal to 90 degrees.
i)
All parts of the ingress and egress ramps shall be maintained with a cement or
asphalt binder or any other type of permanent surfacing to prevent the raising
of dust or loose particles.
j)
Land which is not used for buildings, ingress or egress ramps or paving shall
be landscaped.
k)
Any permitted outdoor storage area, or vehicular access thereto, involving the
storage, parking or display of motor vehicles for the purpose of sale, lease,
rental, washing, service or repair, or any primary means of vehicular access to
any permitted outdoor storage area, shall be constructed and maintained with
a stable surface which shall have a cement or asphaltic binder and shall
include provisions for adequate drainage.
6.0 GENERAL PROVISIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
64
l)
Automobile sales and service establishments which sell only used vehicles or
vehicles not directly acquired from a manufacturer, shall be subject to the
following provisions:
i)
sufficient on-site parking spaces shall be provided for all vehicles
parked on the site;
ii)
no more than 40% of the required parking spaces shall be provided in
the front yard; and
iii)
the use shall be subject to site plan control under Section 41 of the
Planning Act.
m)
Automobile washing establishments shall comply with the stacking space
requirements of Section 6.19 (Drive-Through and Stacking Spaces).
6.12 Balconies, Decks and Patios
Balconies, decks and patios (with the exception of decks associated with private outdoor
swimming pools, the provisions for which are contained in Section 6.5 (Accessory Uses,
Buildings and Structures)), shall be permitted in association with any permitted residential use,
in accordance with the following provisions:
a)
A deck or patio having a maximum height of 0.2 m from grade or less shall be
permitted to encroach into any yard setback without restriction, provided it is
located no closer than 0.6 m to the rear or interior side lot line and no closer
than 2.0 m to the front or exterior side lot line.
b)
A deck or patio having a maximum height greater than 0.2 m from grade shall
be permitted to encroach up to 1.5 m into the rear yard setback.
c)
A balcony associated with an apartment dwelling shall be permitted to
encroach up to 2.5 m into any front, rear or exterior side yard setback,
provided it located is no closer than 1.5 m to any lot line. For clarity, a balcony
shall be permitted in the interior side yard but shall not be permitted to
encroach into the interior side yard setback.
d)
A balcony shall be permitted to encroach up to 2.0 m into the rear yard when
associated with any other dwelling other than an apartment dwelling, provided
it is no closer than 1.5 m to any lot line.
e)
Where a balcony, deck or patio is associated with a common wall, the
balcony, deck or patio may be located at the lot line where the common wall is
shared.
6.0 GENERAL PROVISIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
65
6.13 Bed and Breakfast Establishment
The following provisions shall apply to a bed and breakfast establishment, where it is permitted
by this By-law:
a)
bed and breakfast establishments are only permitted within a single detached
dwelling;
b)
the bed and breakfast establishment has no more than three off-street parking
spaces associated with the bed and breakfast establishment, accommodated
on the same lot;
c)
the bed and breakfast establishment does not include a liquor licensed
premises or other facilities for the servicing of alcoholic beverages to the
general public;
d)
the bed and breakfast establishment complies with the Building Code Act and
such other by-laws and regulations as may be applicable for the Town;
e)
no portion of a guest room is located below grade or within a basement,
walkout basement or cellar;
f)
no portion of a guest room contains facilities for the preparation of meals; and
g)
all other applicable provisions of this By-law shall apply and be complied with.
6.14 Buffer Strip
Where required by this By-law, buffer strips shall be provided in accordance with the following
provisions:
a)
A buffer strip shall be used for no other purpose than for the erection of a
decorative fence, berm, or the planting of a continuous row of natural trees 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, sodded or seeded grass, or a combination thereof. Any fence shall be
decorative in nature and be designed and constructed to resist wind damage
(e.g., alternating slats).
b)
Where a buffer strip is required in any zone, it shall be of a minimum width as
specified in the regulations for that zone or as specified in an approved site
plan agreement.
c)
A buffer strip shall be located within the zone for which it is required; it shall be
planted, nurtured and maintained by the owner of the lot on which the buffer
6.0 GENERAL PROVISIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
66
strip is located and the replacement of trees and plants shall be made as
necessary.
d)
A buffer strip may form part of any required landscaped open space.
e)
Where required on a street corner of a corner lot or at a railway intersection, a
buffer strip shall comply with Section 6.53 (Sight Triangles).
6.15 Conversion of Seasonal Dwellings for Permanent Occupancy
The conversion of a seasonal dwelling for permanent occupancy as a single detached dwelling
may be permitted provided that:
a)
the lot is serviced by a public water supply;
b)
the lot is suitable for use with a septic tank or other on-site sewage system on
a permanent basis as approved by the Town, or where the lot is located within
a defined sewer service area it shall be serviced by a public sanitary sewage
system; and
c)
the lot and any buildings thereon meet the minimum requirements prescribed
for the applicable zone.
6.16 Converted Dwelling
The conversion of a single detached dwelling to a converted dwelling may be permitted in
zones where it is permitted by this By-law, provided that:
a)
the single detached dwelling was legally in existence prior to the date of
passing of this By-law;
b)
each dwelling unit after conversion contains a minimum floor area of 55 m2;
c)
there is a maximum total of three (3) dwelling units after conversion;
d)
the building is certified by the Chief Building Official to be structurally suitable
for the proposed conversion; and
e)
the external appearance of the building as a single detached dwelling is
preserved.
6.17 County Road 22 Street Frontages
Schedule B attached to this By-law, and showing the continuous and intermittent street
frontages required by this By-law in the County Road 22 Special Planning Area, is hereby
incorporated in and declared to form part of this By-law. Notwithstanding any other setback
6.0 GENERAL PROVISIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
67
requirement of this By-law, where lands are identified as intermittent and continuous street
frontage on Schedule B, the following provisions shall apply:
a)
Where a continuous street frontage is required, as shown on Schedule B, the
maximum front yard setback shall be the greater of the minimum front yard
setback as established by the County's minimum building setback requirement
or 3.0 m. This maximum front yard setback requirement shall apply to 75% of
the length of the lot frontage. There shall be no maximum front yard setback
requirement for the remaining 25% of the length of the lot frontage.
b)
Where an intermittent street frontage is required, as shown on Schedule B, the
maximum front yard setback shall be the greater of the minimum front yard
setback as established by the County's minimum building setback requirement
or 10.0 m. This maximum front yard setback requirement shall apply to 50% of
the length of the lot frontage. There shall be no maximum front yard setback
requirement for the remaining 50% of the length of the lot frontage.
c)
For the purposes of this section, for any corner lot or through lot that has
frontage on County Road 22 and is subject to the continuous or intermittent
street frontage, the lot line that abuts County Road 22 shall be deemed to be
the front lot line.
6.18 Dangerous Uses
No land, building or structure shall be used for the industrial manufacture, storage 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 provided for this By-law.
No land, building or structure shall be used which by its nature or use is likely to create a
dangerous situation with regards to health, traffic or pedestrian safety, or danger from fire or
explosion.
6.19 Drive-Through and Stacking Spaces
A drive-through may be permitted in association with a commercial use, where it is permitted
by this By-law, provided that:
a)
The minimum number of stacking spaces shall be in accordance with the
following:
i)
For an automatic automobile washing establishment, a minimum of 10
stacking spaces shall be provided in advance of the automatic
6.0 GENERAL PROVISIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
68
automobile washing establishment and a minimum of 3 stacking
spaces shall be provided at the terminus of each line;
ii)
For a coin-operated automobile washing establishment, a minimum of
2 stacking spaces shall be provided in advance of the automobile
washing establishment and a minimum of 1 stacking space shall be
provided at the terminus of each wash stall;
iii)
For an eating establishment, a minimum of 12 stacking spaces shall
be provided, including the space at the pick-up window; or
iv)
For all other main uses with drive-through service, such as a financial
institution or pharmacy, a minimum of 3 stacking spaces shall be
provided in advance of each drive-through service window or self-
serve facility.
b)
Stacking spaces shall be provided on the same lot as the main use;
c)
Stacking spaces shall be 5.5 m in length and 3.0 m in width;
d)
In the case of an automobile washing establishment intended for commercial
vehicles or buses, stacking spaces shall be a minimum of 10.0 m in length and
3.5 m in width;
e)
Where an intercom order station is present, all stacking spaces shall be
located a minimum of 3.0 m from a residential or an institutional zone. An
intercom order station shall comply with the Ministry of the Environment's
noise levels for stationary sources of noise. Where a drive-through contains an
intercom order station and is situated within 60.0 m of a residential or an
institutional zone, the drive-through shall not be permitted unless:
i)
a noise study certified by a professional engineer demonstrates that
noise levels will not exceed the maximum levels specified by the
Ministry of the Environment;
ii)
a noise study certified by a professional engineer demonstrates that
noise levels will not exceed the maximum levels set out in item i)
above by the employment of measures to mitigate noise and such
measures are employed prior to occupancy of the drive-through; or
iii)
a noise wall certified by a professional engineer is installed prior to
occupancy of the drive-through which will ensure that noise levels do
not exceed the maximum levels set out in item i) above.
f)
Where a dwelling or dwelling unit has a basement window facing the stacking
spaces and a window is located less than 20.0 m from the stacking spaces, a
6.0 GENERAL PROVISIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
69
screening fence with a minimum height of 1.2 m shall be constructed to a
length to prevent the intrusion of light from vehicle headlights into the window.
g)
A drive-through shall be permitted in the HC, CS, CT, MU and CA zones.
Notwithstanding the above, within the CA zone, the drive-through shall be
located at the rear of the building, and access to a drive-through shall not be
permitted in the front yard.
6.20 Dwelling Units Per Lot
Only one dwelling unit is permitted on a lot, except:
a)
in the case of a lot which contained more than one dwelling unit on the date of
passing of this By-law, in which case the maximum number of dwelling units
permitted on such lot shall be the number of legally existing dwelling units on
such lot; and/or
b)
in a zone where more than one dwelling unit on a lot is specifically permitted.
6.21 Existing Lot
An existing lot or a lot created as a result of a project of a public authority (such as a road
construction project) having less than the minimum frontage or area required by this By-law
may be developed for all uses permitted in the appropriate zone provided all other regulations
of this By-law are satisfied, and
a)
Such lot could have been legally conveyed on the date of passing of this By-
law without consent under Section 53 of the Planning Act, or was created as a
result of a public authority project. For the purposes of this Section, a lot shall
be deemed to be legally conveyable if a provisional consent under Section 53
of the Planning Act, has been granted as of the passing of this By-law,
notwithstanding the conditions have not been fulfilled.
b)
Such lots are serviced by municipal piped water and sanitary sewage disposal
facilities or meet the requirements of the Town;
c)
Such lots front on a public street; and
d)
Such lots have a minimum lot frontage of 12.0 m.
6.22 Farm Winery
The following provisions shall apply to a farm winery, where it is permitted by this By-law:
a)
all wines produced shall be made from crops, of which the majority are grown
at the farm winery, and shall be crushed and fermented at the farm winery;
6.0 GENERAL PROVISIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
70
b)
All wines shall be bottled at the farm winery;
c)
the farm winery shall be secondary to the main agricultural use (i.e., the
growing of crops) on the property and the maximum gross floor area shall be
232 square metres;
d)
retail sale of wines produced at the farm winery shall be permitted and the
retail sales area shall not exceed 18.5 square metres of the total gross floor
area of the farm winery; and
e)
the farm winery is subject to site plan control under Section 41 of the Planning
Act.
6.23 Greenhouse Farm
The following provisions shall apply to a greenhouse farm, where it is permitted by this By-law:
a)
The following regulations shall apply to all buildings and structures associated
with a greenhouse farm:
i)
the minimum lot frontage shall be 120 m;
ii)
the minimum front yard shall be 30 m;
iii)
the minimum side yard shall be 15 m or 30 m from the nearest
dwelling on a separate lot, whichever is greater;
iv)
the minimum rear yard shall be 15 m or 30 m from the nearest
dwelling on a separate lot, whichever is greater; and
v)
maximum lot coverage shall be 80%.
b)
Notwithstanding a) iii), iv) and v), the setback for all greenhouse farm building
and structures from all Residential Zones, shall be 300 m.
c)
Employment shall be limited to a maximum capacity of 2.5 employees per
acre of greenhouse.
d)
Packing, shipping and loading facilities shall be located a minimum of 15 m
from all lot lines or 30 m from the nearest dwelling on a separate lot,
whichever is greater.
e)
Driveways shall be located a minimum of 7.5 m from any side or rear lot line.
f)
Parking areas shall be located a minimum of 7.5 m from all lot lines.
g)
Storm water management ponds:
6.0 GENERAL PROVISIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
71
i)
shall be located a minimum of 7.5 m from all lot lines or 30 m from the
nearest dwelling on a separate lot, whichever is greater; and
ii)
shall be located a minimum of 10.0 m between the top of bank of a
municipal drain and the top of bank of a stormwater management
pond.
h)
Outdoor water reservoirs shall be located a minimum of 7.5 m from all lot lines
or 30 m from the nearest dwelling on a separate lot, whichever is greater.
i)
Waste management facilities shall be located a minimum of 7.5 m from all lot
lines or 30 m from the nearest dwelling on a separate lot, whichever is greater.
j)
Greenhouse farms are subject to site plan control under Section 41 of the
Planning Act.
6.24 Group Home Dwelling
The following provisions shall apply to a group home dwelling, where it is permitted by this By-
law:
a)
The group home dwelling shall be permitted in a dwelling, where it is permitted
by this By-law, and provided that it complies with the regulations of the zone
within which the group home dwelling is located.
b)
A group home dwelling shall comprise the sole use of the dwelling.
c)
Approval of a site-specific Zoning By-law Amendment shall be required to
accommodate a group home dwelling for more than 6 persons, to a maximum
of 10 persons (exclusive of supervisory or attendant staff).
d)
Any existing group home dwelling which satisfies Provincial standards of
operation but which fails to comply with the requirements of this By-law on the
date that this By-law comes into effect, will be allowed to continue in
operation, but will not be permitted to increase its number of occupants
(exclusive of supervisory or attendant staff). Physical building expansion that
otherwise complies with the provisions of this By-law shall be permitted.
6.25 Height Restriction Exceptions
The
height
regulations
shall
not
apply
to
any
ornamental
dome,
chimney,
communications/telecommunications tower, storage silo, grain elevator, windmill, barn, cupola,
steeple, church spire, belfry, water storage tank, elevator enclosure, flag pole, television or
radio antenna, skylight, ventilator, electrical apparatus, solar energy collection device, or a
structure which encloses the mechanical equipment required for the operation of such building
or structure.
6.0 GENERAL PROVISIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
72
6.26 Home Industry
Home industries shall be permitted in the Agriculture (A) Zone. Home industries may also be
permitted in a Residential Zone by way of a site-specific Zoning By-law Amendment, and
provided that:
a)
not more than two persons, other than the owner, are employed therein on a
full-time basis;
b)
where a home industry is proposed on a lot less than 4.04 hectares (10
acres), the gross floor area of the home industry shall not exceed 25% of the
gross floor area of the dwelling or 5% of the lot area, whichever is less;
c)
there shall be no external display or advertisement other than an unlit sign
which is a maximum size of 2.0 m2 indicating only the name, occupation and
practicing hours of the occupant;
d)
there shall be no outdoor storage of materials, containers or finished products;
e)
mechanical equipment which results in any undue noise, fumes, dust, or odour
escaping to any adjoining premises shall not be used;
f)
such home industry is clearly secondary to the main use and does not change
the character or create or become a public nuisance, particularly in regard to
noise, traffic, loading or unloading, or parking;
g)
the lot shall have not less than 20.0 m of lot frontage and 40.0 m of lot depth;
h)
the accessory building used for the home industry shall only be located in the
rear yard of the lot;
i)
there shall be a minimum of two off-street parking spaces in addition to any
residential parking requirements. A maximum of 1 parking space may be
accommodated for commercial vehicle parking. All the parking for the home
industry must be accommodated on the same lot as the dwelling wherein the
home industry occurs. The parking shall not be located in the front yard
setback; and
j)
home industries are subject to site plan control under Section 41 of the
Planning Act.
6.27 Home Occupation
The following provisions shall apply to a home occupation, where it is permitted by this By-law:
a)
only individuals permanently residing in the dwelling unit are engaged in the
business;
6.0 GENERAL PROVISIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
73
b)
there will be no external display or advertisement other than an unlit sign
which is a maximum size of 0.2 m2 indicating only the name, occupation and
practicing hours of the occupant;
c)
there will be no outdoor storage of materials, containers or finished products;
d)
the residential character is not changed and that the home occupation does
not create or become a public nuisance, particularly in regard to noise, traffic,
loading or unloading, or parking;
e)
there is no use of mechanical equipment which results in any undue noise,
fumes, dust, or odour escaping to any adjoining premises;
f)
the home occupation does not occupy more than 25% of the floor area of the
dwelling unit including any basement area used as living quarters and any
basement area used for a home occupation;
g)
all parts of a home occupation, other than parking, are confined to a dwelling
unit and/or attached garage. A home occupation may be permitted within a
detached accessory building or structure subject to a site specific amendment
to this by-law. Those home occupations lawfully existing within a detached
accessory building or structure shall continue to be permitted within such
buildings or structures;
h)
no more than three off-street parking spaces are associated with the home
occupation; and
i)
other than parking, the home occupation includes only an office or consulting
room for a professional person or agent, an office for a trade such as a house
builder, painter, or electrician, an office for a charitable organization, a
workroom for a dressmaker or tailor, a studio for a teacher of music, art or
academic subjects, a photographer or commercial artist, tool sharpening, a
barber shop, a hairstylist or hairdressing establishment, a mail order
establishment and a private home day care in accordance with the Day
Nurseries Act, and any other use similar in nature which conforms to the
preceding criteria.
6.28 Kennel
No kennel shall be permitted closer than 600 m to a dwelling constructed prior to the kennel on
a lot other than the lot upon which the kennel is proposed.
6.29 Landscaped Open Space
Landscaped open space shall be provided in accordance with the zone provisions set out
herein for each zone and the following general provisions:
6.0 GENERAL PROVISIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
74
a)
Any part of a lot which is not occupied by buildings, structures, parking areas,
loading spaces, driveways, excavations, agricultural uses or permitted outdoor
storage areas shall be maintained as landscaped open space;
b)
Where landscaped open space of any kind, including a buffer strip, is required
adjacent to any lot line or elsewhere on a lot, nothing in this By-law shall apply
to prevent such landscaped open space from being traversed by pedestrian
walkways or permitted driveways; and
c)
No part of any driveway, parking area, loading space, roof-top terrace,
balcony, deck, patio, private outdoor swimming pool or space enclosed within
a building, other than a landscaped area located above an underground
parking area, shall be considered part of the landscaped open space on a lot.
6.30 Landscaping and Buffering
All landscaping and buffering requirements shall be established through the use of Site Plan
Control in accordance with Section 41 of the Planning Act.
6.31 Lands Exhibiting Hazardous Conditions
Notwithstanding any other provisions of this By-law, no buildings or structures shall be erected
or used on lands which exhibit a hazardous condition, or a potentially hazardous condition, as
a result of their susceptibility to flooding, erosion, subsidence, inundation, soil contamination,
or the presence of organic soils or unstable and steep slopes. Additional setbacks from these
hazardous conditions shall be identified and established in consultation with the Town and the
Conservation Authority.
6.32 Minimum Distance Separation
The following shall apply to agricultural uses, where they are permitted by this By-law:
a)
New and expanded livestock facilities, manure storage facilities and anaerobic
digesters are subject to the Minimum Distance Separation II (MDS II)
requirements according to the Minimum Distance Separation (MDS)
Formulae;
b)
The location of a new dwelling on a lot of less than 19 ha in lot area, within the
Agriculture (A) Zone, is subject to Minimum Distance Separation I (MDSI)
requirements according to the Minimum Distance Separation (MDS)
Formulae. An existing off-site dwelling, destroyed by a catastrophic event,
may be replaced by a new dwelling provided that the new dwelling is sited no
closer to the lot on which the livestock facility is located than the previously
existing dwelling; and
6.0 GENERAL PROVISIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
75
A new livestock facility may replace a former livestock facility destroyed by a catastrophic
event, provided that the new livestock facility does not result in increases in the values of
Factors A, B or D, of the MDS Formulae, compared to what existed at the livestock facility prior
to the catastrophic event, such that there is no switch to a livestock type with a higher odour
potential, there is no increase in the number of nutrient units housed and there is no switch to a
manure system type with a higher odour potential.
6.32.1 Marihuana for Medical Purposes Production Facility and Industrial
Hemp Production Facility
Marihuana for Medical Purposes Production Facility and an Industrial Hemp Production Facility
shall be permitted on a site-specific basis (zoning by-law amendment), subject to the criteria of
Section 4.2.5 and 4.2.6 of the Town of Lakeshore Official Plan and:
a) A Medical Marihuana Production Facility and an Industrial Hemp Production
Facility, will be subject to site plan control pursuant to Section 41 of the
Planning Act, R.S.O., 1990;
b) A Medical Marihuana Production Facility must comply with the zone provisions
of the zone it is located within;
c) A Industrial Hemp Production Facility must comply with the zone provisions of
the zone it is located within;
d) Parking Requirement: 1 per 93 m2 of gross floor area;
e) Outdoor storage is prohibited on a property on which a medical marihuana
production facility is located;
f) No building or structure or portion of land thereof used for medical marihuana
production facility purposes or industrial hemp production facility purposes
may be located closer to any residential or institutional zone or parks and open
space zone than 150 metres or from any day nursery, school, community
centre or training facility aimed primarily at children less than 16 years of age;
g) The minimum separation distance between medical marihuana production
facilities shall be at least 500 metres;
h) No outdoor signage or advertising shall be permitted;
i) Where a medical marihuana production facility or an industrial hemp
production facility use is located on a lot, no other use shall be permitted on
the lot or within the building as a whole, other than the growing of accessory
"legal" agricultural crops;
6.0 GENERAL PROVISIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
76
j) For a medical marihuana production facility or an industrial hemp
production facility, the minimum lot area must not be less than 4
hectares;
k) Minimum setback for all structures associated with a medical
marihuana production facility is 30 metres from all property lines;
l) A building or structure used for security purposes for a medical
marihuana production facility may be located in the front yard and
does not have to comply with the required minimum front yard
setback;
m) Loading spaces for a medical marihuana production facility must be in
a wholly enclosed building;
n) All uses associated with the medical marihuana production facility
must take place entirely within a building.
6.33 Mushroom Farm
The following provisions shall apply to a mushroom farm, where it is permitted by this By-law:
a)
The recycling of irrigated water by mushroom farms shall be required to
reduce the primary water use.
b)
The following regulations shall apply to all buildings and structures and
manure waste storage stock piles and facilities hereafter erected and used for
mushroom farming purposes:
i)
the minimum front yard shall be 60.0 m;
ii)
the minimum side yard shall be 30.0 m;
iii)
the minimum rear yard shall be 30.0 m; and
iv)
such uses shall be prohibited within 150.0 m, measured horizontally,
of a dwelling constructed prior to the mushroom farm and located on a
lot that is under different ownership.
c)
Mushroom farms are subject to Site Plan Control in accordance with Section
41 of the Planning Act.
6.0 GENERAL PROVISIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
77
6.34 Natural Hazards and Flood Protection Provisions
Fill and Flood Control Regulations
a)
Inland Floodplain Development Control Area:
i)
With the exception of a permeable fence of a design satisfactory to
the applicable Conservation Authority, the construction or
reconstruction of any building or structure, within the floodway is
prohibited; and
ii)
Lands that are within the Inland Floodplain Development Control
Area, as shown on Schedule A of this By-law, but outside of the
floodway, may be used in accordance with the provisions of the
underlying zone in which the lot is located. However, all habitable
spaces of buildings shall be flood-proofed in a manner satisfactory to
the Town in consultation with the applicable Conservation Authority in
accordance with all applicable Ontario Regulations to ensure that
building openings are located above the elevation of the 1:100 Year
flood level at the building location.
b)
Lake St. Clair Shoreline Floodprone Area:
i)
Notwithstanding any other provision of this By-law to the contrary, no
part of any building or structure shall be erected on lands located
within the Lake St. Clair Shoreline Floodprone Area, as shown on
Schedule A of this By-law, unless:
1. the lowest opening of any such building or structure has a
minimum building elevation prescribed in a permit issued by the
applicable Conservation Authority in consultation with the Town;
2. the setback of the nearest wall of any such building or structure
from the water's edge is prescribed in a permit issued by the
applicable Conservation Authority in consultation with the Town;
and
ii)
No person shall construct an accessory building or structure within the
prescribed setback limits, except a patio, deck, boat lift, boat well,
dock, steps and/or shoreline protective works, provided that the said
facilities are constructed as prescribed in a permit issued by the
applicable Conservation Authority in consultation with the Town.
c)
Setbacks from inland Watercourses and Municipal Drains:
6.0 GENERAL PROVISIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
78
i)
Except for those lands affected by Inland Floodplain Development
Control Area regulations, no part of any building or structure, other
than a permeable fence of a design satisfactory to the Town in
consultation with the applicable Conservation Authority, shall be
constructed closer to an inland watercourse or municipal drain than
the minimum distance established by the applicable Conservation
Authority, measured inland from the top of bank; and
ii)
Where a permit or a minimum separation from the Town in
consultation with the applicable Conservation Authority is not
required, the minimum setback between any building or structure from
a covered municipal drain shall be 8.0 m from the centreline of the
covered municipal drain, and 8.0 m from the nearest top of bank for
an open municipal drain plus the depth of the open municipal drain,
measured from the nearest top of bank of the open municipal drain.
This setback provision shall not apply to a fence of water permeable
design and construction.
d)
Dykes
i)
Notwithstanding any other provision of this By-law to the contrary, no
part of any building or structure, including a private outdoor swimming
pool, shall be erected on lands within 15.0 m to the land side toe of a
dyke or 30.0 m from the waters' edge of the contained lake or
watercourse, whichever is greater, except a building or structure
associated with drainage works or for protection against flooding or
erosion.
e)
Vegetation
i)
Notwithstanding any other provision of this By-law to the contrary, no
person shall plant vegetation with a significant root system within 6.0
m of the top of bank of an open municipal drain; within 3.0 m of the
centerline of a covered municipal drain; or within 6.0 m from a dyke,
starting from the base of the toe of the dyke's slope. This applies to all
dykes including those adjacent to open municipal drains or natural
watercourses or surrounding stormwater management and irrigation
ponds.
6.35 Natural Heritage Overlay
Where the Natural Heritage Overlay is shown on Schedule A, the following provisions shall
apply:
6.0 GENERAL PROVISIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
79
a)
Notwithstanding any other provisions of this By-law to the contrary, no person
shall remove or alter a woodland or other Provincially identified significant
natural heritage feature or area except in a manner specified by the Town in
consultation with the applicable Conversation Authority.
b)
Development may be subject to the completion of an Environmental Impact
Assessment in accordance with the policies of the Official Plan and shall be
subject to approval by the Town in consultation with the applicable
Conservation Authority.
c)
Subject to subparagraphs (a) and (b) above, all permitted uses, lot and
building requirements shall be in accordance with the underlying zone where
the Natural Heritage Overlay is shown and in accordance with any other
applicable provisions of this By-law.
6.36 Non-Compliance with Minimum Lot or Yard Requirements
6.36.1 Permission and Enlargements of Legal Non-Complying Buildings and Structures
Where a lawfully existing building or structure was legally existing on the date of the passing of
this By-law is located on a lot having less than the minimum frontage or area required by this
By-law, or having less than the minimum setback, front yard, side yard, rear yard or floor area
required by this By-law, the said building or structure, may be enlarged, reconstructed,
repaired, renovated, or replaced provided that the enlargement, reconstruction, repair,
renovation, or replacement, or any part thereof, maintains the established non-compliance or
complies with the By-law requirement and complies with all other setback and yard
requirements of the applicable zone. For example, where a 1.0 m side yard exists and a two
metre side yard is required by the By-law, the existing building can be enlarged maintaining a
1.0 m side yard but must satisfy the rear, front, and opposite side yard requirements.
Notwithstanding the preceding, such enlargement, reconstruction, repair, renovation, or
replacement shall not be allowed if the same results in the continuation of an existing or the
establishment of a new encroachment onto abutting property.
6.36.2 Permitted Exterior Extension
A building, with an existing use that is not permissible within the zone in which it is located,
shall not be enlarged, extended, reconstructed or otherwise structurally altered, unless such
building is hereafter to be used for a purpose permitted within such zone and complies with all
requirements of this By-law for such zone or permission is obtained from the Committee of
Adjustment in accordance with the Planning Act.
6.0 GENERAL PROVISIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
80
6.36.3 Permitted Interior Alteration
The interior of any building with an existing use that is not permitted within the zone that such
building is located may be reconstructed or structurally altered in order to render the same
more convenient or commodious for the existing use.
6.37 Non-Conforming Uses
6.37.1 Continuation of Existing Uses
The provisions of this By-law shall not apply to prevent an existing use on or in any lot,
building, or structure for any purpose prohibited by this By-law, so long as such existing use
continues.
6.37.2 Building Permit Issued
The provisions of this By-law shall not apply to prevent the erection or use of any building or
structure, for a purpose prohibited by this By-law, the plans for which have been submitted no
more than thirty days prior to the date of the passing of this By-law, and approved for zoning
requirements by the Chief Building Official, so long as the building or structure is used and is
completed in conformity with such plans and is used and continues to be used for the purpose
upon which the approval of the Chief Building Official was based, and provided the erection of
such building or structure is commenced within 6 months after the date of the passing of this
By-law and is completed expeditiously thereafter.
6.37.3 Discontinued Non-Conforming Use
Where an existing building or structure has been used for a purpose not permitted in the zone
in which it is situated but the use has been discontinued, the existing building or structure may
only be used for a use that conforms to this By-law.
6.38 Noxious Uses
Any use is prohibited which by its nature or by the materials used therein is declared under any
legislation or any regulations there under, to be a noxious use as defined herein.
6.39 Nursery and Garden Store
The following provisions shall apply to a nursery and garden store, where it is permitted by this
By-law:
a)
the produce offered for sale must be grown or produced on the same lot, or a
lot in the same ownership as the individual operating the nursery and garden
store; and
6.0 GENERAL PROVISIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
81
b)
sufficient off-street parking shall be provided.
6.40 Outdoor Storage
Outdoor storage may be permitted in the Hamlet Employment (HE), Rural
Commercial/Employment (CR), General Employment (M1), Agriculture (A) and Urban Reserve
(UR) zones (not including residential lots in the A and UR zones), provided that:
a)
The location and extent of outdoor storage areas shall be established in the
site plan agreement which shall also establish appropriate buffering,
landscaping and/or fencing to screen the outdoor storage from public view,
especially where the lot abuts a Residential, Commercial, Mixed Use or
Institutional zone.
b)
In addition to the requirements established in the site plan agreement, no
outdoor storage shall be permitted in the front yard or in any yard which abuts
a Residential Zone.
c)
The minimum setback from any side lot line or rear lot line of any permitted
outdoor storage in any zone shall be no less than the respective minimum side
yard or rear yard of the zone in which the said outdoor storage is located
unless otherwise specifically specified in this By-law.
d)
No outdoor storage is permitted in any front yard or exterior side yard except
where permitted as an outdoor display of goods and materials in conjunction
with a permitted employment use or a commercial use but not closer to any lot
line than the yard setbacks as required in the applicable Zone provisions.
Under no circumstances shall outdoor storage be permitted in a sight triangle.
e)
Any permitted outdoor storage area, or vehicular access thereto, involving
storage, parking or display or any primary means of vehicular access to any
permitted outdoor storage area, shall be constructed and maintained with a
stable surface of asphalt, cement, gravel or crushed stone with dust control,
and drained in accordance with the requirements of the Town.
f)
Any areas used for permitted outdoor storage shall be in addition to, and
separate from, such areas as may be required by this By-law for the provision
of off-street parking or loading spaces.
6.41 Parking, Loading and Access Requirements
6.41.1 Parking Requirements
For every type of building or use listed below which is erected, altered, or enlarged in any zone
after the passing of this By-law, off-street parking shall be provided and maintained in
accordance with the table below. In computing the requirement, no regard shall be had for any
6.0 GENERAL PROVISIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
82
fraction or part of a whole number. Where uses are combined on one lot, the total parking
space requirement shall be calculated by adding the individual requirements of each use.
Purpose or Use
Minimum Parking Spaces Required
Residential Uses
Single detached dwelling, semi-
detached dwelling
2.0 parking spaces per dwelling unit.
Duplex dwelling, triplex dwelling,
townhouse dwelling, converted
dwelling
1.5 parking spaces per dwelling unit
Apartment dwelling and
accessory dwelling unit (in
combination with a non-
residential use)
1.25 parking spaces per dwelling unit plus 0.25 parking
spaces per dwelling unit for exclusive use by visitors
Group home dwelling
1.0 parking spaces per 3 supervised group home
residents that can be accommodated in the group home
dwelling
Home occupation
2.0 parking spaces per home occupation use, in addition
to any required parking for the permitted use
Home industry, agricultural
home occupation
2.0 parking spaces per home industry use, in addition to
any required parking for the permitted use
Commercial Uses
Animal clinic
6.0 parking spaces per practitioner
Auction establishment
1.0 parking spaces per 25.0 m2 of gross floor area
Automobile rental establishment
1.0 parking spaces per 25.0 m2 of gross floor area
Automobile sales and service
establishment and automobile
repair establishment
For the sales use, 1.0 parking spaces per 20.0 m2 of
indoor display floor area shall be required; for service
areas and automobile repair establishments, the greater
of 8.0 parking spaces or 1.0 parking space per 9.0 m2 of
service area or 3.0 parking spaces per service bay.
Automobile service station
2.0 parking spaces; this requirement shall not include the
parking required for any service area, automobile repair
establishment or automobile washing establishment
associated with the automobile service station.
Automobile washing
establishment
4.0 parking spaces on the lot, in addition to the required
number of stacking spaces as indicated in Section 6.19
(Drive-Through and Stacking Spaces).
6.0 GENERAL PROVISIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
83
Purpose or Use
Minimum Parking Spaces Required
Bed and breakfast
establishment
1.0 parking spaces per guest room (in addition to the
required number of parking spaces for the single detached
dwelling)
Kennel
1.0 parking spaces per 25.0 m2 of gross floor area
Building supply outlet
1.0 parking spaces per 25.0 m2 of gross floor area
Day care centre
1.0 parking spaces per 5 children capacity
Dry cleaning establishment
1.0 parking spaces per 25.0 m2 of gross floor area (dry
cleaning) or 1.0 parking spaces per 15.0 m2 of gross floor
area (laundry)
Eating establishment, drive
through eating establishment,
bake shop
Where there are fixed seats, 1.0 parking spaces for every
5 seats or for every 3.0 m of bench space of its maximum
seating capacity; where there are no fixed seats, 1.0
parking spaces for each 9.0 m2 of floor area devoted to
public use.
Financial institution
1.0 parking spaces per 25.0 m2 gross floor area or 10
spaces, whichever is the greater.
Fitness centre
1.0 parking spaces per 25.0 m2 of gross floor area
Funeral home
1.0 parking spaces per 6.0 fixed seats or 4.0 m of bench
space, or 1.0 parking spaces per 9.0 m2 of assembly floor
area, whichever is greater (where the funeral home is
located on same lot as a place of worship, the greater of
the requirements [seating or hall area] are only required)
Greenhouse
1.0 parking spaces for every 2 ha of growing area
Hotel, motel
Current standard: 1.0 parking spaces per rental unit, plus
1.0 additional parking spaces for each 9.0 m2 of floor area
devoted to public uses such as eating establishments and
other accessory uses associated with motels.
Personal service shop
1.0 parking spaces per 25.0 m2 of gross floor area
Pharmacy
1.0 parking spaces per 25.0 m2 of gross floor area
Place of entertainment
1.0 parking spaces per 25.0 m2 of gross floor area
Printing establishment
1.0 parking spaces per 25.0 m2 of gross floor area
Private club, public club
1.0 parking spaces per 6.0 fixed seats or 4.0 m of bench
space, or 1.0 parking spaces per 9.0 m2 of assembly floor
area, whichever is greater (where the club is located on
the same lot as a place of worship, the greater of the
requirements [seating or hall area] are only required)
6.0 GENERAL PROVISIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
84
Purpose or Use
Minimum Parking Spaces Required
Recreational vehicle sales,
service and storage
establishment
1.0 parking spaces per 25.0 m2 of gross floor area
Retail establishment and
convenience retail
establishment
1.0 parking spaces per 18.0 m2 of retail floor area.
Service and repair
establishment
1.0 parking spaces per 25.0 m2 of gross floor area
Supermarket
1.0 parking spaces per 18 m2 of retail floor area
Taxi establishment
1.0 parking spaces per taxi
Other commercial uses
1.0 parking spaces per 25.0 m2 of gross floor area
Employment Uses
Bus terminal
1.0 bus parking spaces per bus arriving or departing
within 10 minutes of another bus, plus 10 transient parking
spaces
Contractor's yard and service
trade establishment
1.0 parking spaces per 95.0 m2 of gross floor area
Manufacturing, heavy and
manufacturing, light
1.0 parking spaces per 95.0 m2
Medical office
1.0 parking spaces per 10.0 m2 of gross floor area
Office, accessory office, call
centre, or laboratory or scientific
research facility
1.0 parking spaces per 25.0 m2 gross floor area or 6.0
parking spaces, whichever is the greater
Transport terminal
1.0 parking spaces per 20.0 m2 of gross floor area
Warehouse
1.0 parking spaces per 140.0 m2 up to 2,000.0 m2 of gross
floor area plus 1.0 parking spaces per 450.0 m2 of gross
floor area over 2,000.0 m2
Wholesale establishment
1.0 parking spaces per 45.0 m2 of gross floor area
Other employment uses
1.0 parking spaces per 45.0 m2 of gross floor area up to
and including 2,800.0 m2 gross floor area plus 1.0 parking
spaces for each additional 190.0 m2 of gross floor area
over 2,800.0 m2 of gross floor area
Institutional Uses
Assembly hall, community
centre, or cultural facility
Where there are fixed seats, 1.0 parking spaces for every
5 seats or for every 3.0 m of bench space of its maximum
seating capacity; where there are no fixed seats, 1.0
6.0 GENERAL PROVISIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
85
Purpose or Use
Minimum Parking Spaces Required
parking spaces for each 9.0 m2 of gross floor area
devoted to public use
Hospital
2.5 parking spaces per bed based on maximum capacity
Library
10.0 parking spaces or 1.0 parking spaces for every 93.0
m2 of gross floor area, whichever is greater
Place of Worship
Where there are fixed seats, 1.0 parking spaces for every
5 seats or for every 3.0 m of bench space of its maximum
seating capacity; where there are no fixed seats, 1.0
parking spaces for each 9.0 m2 of gross floor area
devoted to public use
Private school, public school,
commercial school
1.5 parking spaces per classroom in a private or public
elementary school and 2.5 spaces per classroom in a
public or private secondary school or commercial school ,
plus an additional 1.0 parking spaces per 25 m2 of
assembly floor area for all schools.
Retirement home
1.0 parking spaces for each 2 beds or for each 46 m2 of
gross floor area, whichever is greater
Other institutional uses
1.0 parking spaces per 35.0 m2 of gross floor area; or one
parking space for each four employees plus a parking
area for visitors with a minimum capacity of 10.0 parking
spaces (for government offices, buildings and facilities)
Parks and Open Space Uses
Cemetery
A minimum of 5.0 parking spaces
Golf course
5.5 parking spaces per hole plus such parking required for
any other purposes
Marina
1.0 parking spaces per 2 boat slips
6.41.2 Parking Areas and Other Parking Provisions
Where in this By-law parking areas are required or permitted, the following regulations shall
apply:
a)
When a building or lot accommodates more than one use or purpose, the
required parking spaces shall be the sum of the required parking spaces for
the separate uses or purposes. Parking areas for one use shall not be
considered as providing required parking for any other use.
6.0 GENERAL PROVISIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
86
b)
If the calculation of the required parking spaces results in a fraction, the
required parking spaces shall be the next highest whole number.
c)
Within each parking area required there shall be provided, maintained and
signed reserved parking spaces for persons with disabilities in accordance
with the following table:
Total Number of Parking
Spaces in the Parking
Area
Required Number of Parking Spaces
for Persons with Disabilities in the
Parking Area
9 or less
0
10 to 25
1
26 to 99
2
100 to 149
3
150 to 199
4
200 and over
1 space for every 50 parking spaces in
the parking area
d)
Parking spaces for persons with disabilities shall be properly designated by
the International Accessibility symbol mounted both vertically on a sign, as
well as on the surface of the parking space in fluorescent blue according to
the following dimensions:
i)
A painted ground accessibility sign shall be a minimum of 1.25 m by
1.25 m in size.
ii)
A parking control sign shall be located 1.5 m above ground and shall
be a minimum of 0.3 m by 0.3 m in size.
e)
Parking spaces shall be a minimum of 3.0 m in width and 6.0 m in length.
f)
Where parallel parking spaces are provided, parking spaces shall be a
minimum of 3.0 m in width and 7.0 m in length.
g)
Parking spaces for persons with disabilities shall be a minimum of 4.5 m in
width and 6.0 m in length.
h)
Parking areas shall be located no closer to any lot line than the greater of 1.5
m or the applicable buffer strip requirement as specified in the Zone
provisions.
i)
The width of parking aisles shall be in accordance with the following
provisions:
6.0 GENERAL PROVISIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
87
Orientation of Parking
Spaces
Required Parking
Aisle Width (Two-
Way)
Required Parking
Aisle Width (One-
Way)
i)
90-degree parking
(parking spaces
perpendicular to the
aisle)
6.7 m
5.5 m
ii)
Greater than or equal to
60 degrees
6.7 m
5.5 m
iii)
Less than 60 degrees
6.7 m
4.0 m
iv)
Parallel Parking Spaces
6.7 m
4.0 m
j)
Adequate drainage facilities for the parking area shall be provided and
maintained in accordance with the requirements of the Town.
k)
In the case of any R2, R3, HC, HE, CS, CN, CT, CA, CR, MU, M1, M2, I1 or I2
Zone, the parking area and approaches shall have a cement or asphaltic
binder or any other permanent type of surfacing. In all other cases, the parking
area and approaches shall be surfaced with concrete, asphalt, interlocking
stone, crushed stone, gravel or a combination thereof, with a stable surface
treated to prevent the raising of dust or loose particles.
l)
The use of sensitive lighting practices that do not interfere with or spill onto
adjacent lots is required for all parking areas.
m)
Parking areas shall either be located on the same lot as the use for which
such parking is required or within 90.0 m of the location which it is intended to
n)
Where a dwelling or dwelling unit has a basement window facing a parking
space and a window is located less than 20.0 m from the parking space, a
screening fence with a minimum height of 1.2 m shall be constructed to a
length to prevent the intrusion of light from vehicle headlights into the window.
o)
A structure, not more than 3.0 m in height and not more than 4.6 m2 in area
may be erected in the parking area for the use of attendants in the area.
p)
No sign other than directional signs and a sign indicating the name of the
owner, not exceeding 0.8 m2 in size shall be erected on any parking area.
6.0 GENERAL PROVISIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
88
q)
Where parking is to be provided for sole use by visitors for a use or purpose
as set out in Section 6.41.1 (Parking Requirements), such spaces shall be
designated, clearly signed and maintained exclusively for visitor parking.
r)
In any Residential zone but excluding apartment buildings, all parking spaces
shall be located in a garage or carport or in a side or rear yard, or only on a
permitted driveway in the front yard.
s)
In any Residential zone, no vehicle shall be parked on any part of a lot other
than in a garage, carport, required parking area or on a permitted driveway.
t)
The parking of commercial vehicles is prohibited in Residential zones and
residential lots in the Agriculture and Urban Reserve zones except that the
owner or occupant of any lot, building or structure in any residential zone and
residential lots in the Agriculture and Urban Reserve zones, may use a private
garage or driveway located on such lot or on the same lot as such building or
structure for the housing or storage of one (1) commercial vehicle, provided
that:
i)
the commercial vehicle used for commercial purposes is owned or
operated by the individual residing on the lot;
ii)
such commercial vehicle is not used in connection with any business
or other use on the premises or associated with the residence that is
prohibited by this By-law in any such residential zone and residential
lots in the Agriculture and Urban Reserve zones. For clarity, a
commercial vehicle associated with a home occupation or home
industry on the lot shall be permitted;
iii)
Any goods, materials or contents stored on or in such commercial
vehicle shall not be exposed to or be in the general view of the public.
For the purposes of this paragraph, "commercial vehicle used for commercial
purposes" shall mean small, light duty vans and pick-up trucks with a
maximum carrying capacity not exceeding one (1) tonne, a taxi cab,
limousine, passenger van (or small buses) or similar light duty commercial
vehicle, but shall not include a semi-trailer truck.
u)
Notwithstanding the parking requirements of Section 6.41 (Parking, Loading
and Access Requirements), for the lands identified on Schedule C, the Town
at its sole discretion may collect cash-in-lieu of parking pursuant to Section 40
of the Planning Act to be used expressly for the provision of additional parking
spaces within the area defined on Schedule C. Residential uses will not be
permitted to develop on the basis of cash-in-lieu of parking.
6.0 GENERAL PROVISIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
89
6.41.3 Loading Regulations
No person shall erect or use any building or structure in any zone for any purpose unless
loading spaces are provided and maintained in accordance with the following provisions:
a)
A minimum of one (1) loading space shall be required for any non-residential
use with a gross floor area equal to or greater than 300 m2, and an additional
loading space shall be required for each additional 2,000 m2 of gross floor
area, or fraction thereof, up to 4,300 m2 of gross floor area (i.e., a required
minimum of three (3) loading spaces). For any non-residential use with a
gross floor area greater than 4,300 m2, an additional loading space shall be
required for each additional 8,000 m2 of gross floor area, or fraction thereof.
b)
No loading space shall be required for any dwelling except an apartment
building.
c)
No loading space shall be required for an apartment building with less than
750 m2 of gross floor area. One (1) loading space shall be required for an
apartment building with a gross floor area of 750 m2 or greater, and an
additional loading space shall be required for each additional 8,000 m2 of
gross floor area or fraction thereof.
d)
The loading space shall not be less than 3.5 m by 13.5 m and 4.5 m in height
for clearance purposes.
e)
The loading space shall be accessed by a private driveway or a parking area.
f)
There shall be sufficient driveway space to permit maneuvering of vehicles on
the lot so that they do not cause an obstruction or a hazardous condition on
adjacent streets.
g)
Loading spaces shall not be permitted within a front yard.
6.41.4 Driveway Regulations
Driveways shall be located, designed and erected in accordance with the following provisions:
a)
A driveway for a residential use shall have a minimum width of 3.0 m and a
maximum width of 7.6 m at the lot line and at the curb, edge of pavement, or
edge of the travelled portion of the road, as determined by the Town. The
driveway for a residential use shall have a minimum length of 6.0 m.
b)
No driveway shall be permitted within a sight triangle.
c)
No driveways shall be permitted within 8.0 m of the curb or edge of pavement
intersection of two streets.
6.0 GENERAL PROVISIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
90
d)
Within the R1, R2, RW1, RW2 and HR zones, not more than one driveway
shall be permitted per lot. Within the A zone, lots with more than 30.0 m of lot
frontage shall be restricted to not more than two driveways.
e)
Parking areas and associated driveway systems serving any use other than
single unit, two unit and three unit residential development shall be designed
in such a manner that any vehicle entering or leaving a street or public land
need not travel in a backward motion.
f)
The following front yard landscaping requirements shall be required for
residential dwelling lots zoned R1 and R2:
i)
For lots with a frontage of 30.0 m or less, a minimum of 40% of the
front yard shall be maintained as landscaping; and
ii)
For lots with a frontage of more than 30.0 m, a minimum of 60% of the
front yard shall be maintained as landscaping.
6.42 Permitted Encroachments in Yard Setbacks
Every part of any yard setback required by this By-law shall be open and unobstructed by any
structure, other than a fence or hedge, provided however that those structures listed in the
following table shall be permitted to project into the yard setback indicated for the distances
specified.
Structure
Yard Setback in Which
Projection is Permitted
Amount of
Encroachment
Allowed
a)
Balconies, Decks or Patios
Refer to the provisions of Section 6.12.
b)
Canopies
Front yard in M1 zone only
7.6 m
c)
Cantilevers
Front and rear yards
1.0 m
d)
Sills, belt courses, cornices, eaves,
gutters, chimneys, pilasters, or other
non-structural architectural
elements
Any yard
1.0 m
e)
Fire escapes and exterior staircases Rear yard only
1.5 m
f)
Above or below grade entrances,
steps or staircases
Side yard only
0.5 m
g)
Porches
Front and rear yards only
2.5 m including
eaves and
cornices
6.0 GENERAL PROVISIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
91
Structure
Yard Setback in Which
Projection is Permitted
Amount of
Encroachment
Allowed
h)
Small-scale generating systems
Rear and interior side yards
only
2.5 m
i)
Steps including landings, above or
below grade entrances and
staircases
Front, rear and side yards
2.5 m
j)
Television antennas, satellite dishes
(equal to or less than 1.0 m in
diameter)
Rear and side yards
1.0 m
k)
Unenclosed barrier-free ramps
Any yard
No restriction
l)
Window bay and awnings
Front, rear and side yards
1.0 m
m)
Window or wall-mounted furnaces,
heat pumps and outdoor free-
standing air conditioning units
Rear yards and exterior
side yards only
1.5 m, provided it
is no closer than
0.5 m to a rear lot
line or 1.0 m to an
exterior side lot
line
6.42.1 Encroachment and Height of Landscaping
A hedge or thick growth of shrubs maintained so as not to exceed 1.8 m in height, may be
located in any side yard or rear yard setback, but shall not be more than 1.2 m in height when
located in the front yard setback. Landscaping is a permitted use in any yard in any zone.
6.43 Permitted Public and Other Services
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 for the purpose of providing public services by the Town or by any
local Board thereof as defined by the Municipal Act, or the County, a Conservation Authority or
the Province of Ontario, or the Government of Canada, or by Hydro One, and 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 for the purpose of communication towers and other uses not regulated by the Town,
provided that, with respect to all of the foregoing:
a)
The lot coverage, setback and yard requirements prescribed for the zone in
which such land, building or structure is located shall be complied with;
b)
No goods, material, or equipment shall be stored in the open in a Residential
Zone, or on a lot adjacent to a Residential Zone;
6.0 GENERAL PROVISIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
92
c)
Any building erected or lot used in a Residential Zone under the authority of
this paragraph shall be designed and maintained in general harmony with
residential buildings and uses of the type permitted in the zone at the
discretion of the Chief Building Official; and
d)
Any parking and loading regulations for these uses are complied with.
6.44 Portable Batching or Recycling Plant, Concrete or Asphalt and
Wayside Pits and Quarries
Portable batching or recycling plant, concrete or asphalt, and wayside pits and quarries may be
permitted in the Agriculture (A) and Rural Commercial and Employment (CR) zones, subject to
the following provisions:
a)
Portable batching or recycling plant, concrete or asphalt, and wayside pits and
quarries shall be subject to Site Plan Control under Section 41 of the Planning
Act.
b)
The proposed portable batching or recycling plant, concrete or asphalt, and/or
wayside pits and quarries shall only be permitted in support of the work of a
public authority or a delegated agent or contractor.
c)
Portable batching or recycling plant, concrete or asphalt, and wayside pits and
quarries shall not be permitted in the Wetland (W) zone, the Environmental
Protection (EP) zone or within or adjacent to which the Natural Heritage
Overlay applies, as illustrated on Schedule A, in accordance with Section 6.35
(Natural Heritage Overlay) of this By-law and the Town of Lakeshore Official
Plan.
6.45 Propane Storage and Handling
Propane operations and propane operators are regulated under Ontario Regulation 211/01
(Propane Storage and Handling) made under the Technical Standards and Safety Act, and
shall comply with all applicable regulations, provisions, and required approvals. Propane
operations may be permitted as an accessory use in the commercial zones, employment
zones, institutional zones, Mixed Use zone, Hamlet Commercial zone, Hamlet Employment
zone, and the Agricultural zone.
6.46 Recreational Vehicle and Utility Trailer Storage
In any Residential zone, the owner or occupant of any lot may store, in any rear or side yard
behind or beside the dwelling, a maximum of two (2) recreational vehicles or two (2) utility
trailers or a combination of one (1) recreational vehicle and one (1) utility trailer,, provided that
they are the owner of such recreational vehicles or utility trailers. For clarity, the storage of
recreational vehicles and utility trailers is prohibited in any front yard of any Residential zone.
6.0 GENERAL PROVISIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
93
For the purposes of this section, the temporary keeping of recreational vehicles and utility
trailers for loading and unloading in a driveway for up to fourteen (14) days in the given
calendar year shall not be considered storage.
Notwithstanding the above, the storage of any recreational vehicle and utility trailer may be
permitted within the front yard on a lot abutting Lake St. Clair, Puce River, Ruscom River and
Belle River, provided it is not located within the front yard setback.
Notwithstanding the above, where an existing lot abutting the water is bisected by a street, the
storage of any recreational vehicle may be permitted on the lot abutting the water.
6.47 Resource Extraction Operation or Resource Exploration Use
The following provisions shall apply to a resource extraction operation or a resource
exploration use, or the facilities for the compressing, treating and storage of petroleum
resources, where they are permitted by this By-law:
a)
A copy of the a permit obtained from the Ministry of Natural Resources under
the Oil, Gas and Salt Resources Act, shall be delivered to the Chief Building
Official;
b)
All buildings and structures and activities to be undertaken in conjunction with
the permitted exploration use or resource extraction operation shall comply
with all of the conditions which may be imposed as part of the required permit
by the Ministry of Natural Resources, and comply with all of the applicable
statutes, regulations and by-laws which may be imposed from time to time by
an and all federal, provincial and local government ministries, agencies and
boards, including but not limited to the Ministry of Environment, the Ministry of
Natural resources, and the local Conservation Authority; and
c)
All main buildings and accessory buildings and structures shall not be located
within 150 m of a dwelling unit in any zone.
6.48 Satellite Dishes
No satellite dish larger than 1.0 m in diameter shall be located in a front yard or side yard
setback, or at such an elevation that the top of the satellite dish is higher than the main building
on the lot on which the satellite dish is situated. Satellite dishes are considered accessory
structures and as such must satisfy the accessory use provisions contained in Section 6.5
(Accessory Uses, Buildings and Structures) of this By-law.
6.49 Secondary Farm Dwelling
The following provisions shall apply to a secondary farm dwelling, where it is permitted by this
By-law:
6.0 GENERAL PROVISIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
94
a)
a secondary farm dwelling shall only be permitted where the size and nature
of the agricultural operation requires additional employment, and the
secondary farm dwelling shall only be used for full time farm help;
b)
the secondary farm dwelling shall be located on the same lot and accessory to
the main dwelling;
c)
servicing shall be provided to the satisfaction of the appropriate approval
authority;
d)
a consent for land division for a secondary farm dwelling shall not be
permitted; and
e)
a secondary farm dwelling may include the use of bunkhouses or mobile
homes.
6.50 Separation of Dwellings from Railways
No dwelling shall be erected closer than 30.0 m to the right-of-way of any railway; provided,
however, that this requirement shall not apply to any existing dwelling or to an existing vacant
lot abutting a railway right-of-way in a Residential Zone having such dimensions that the
application of such setback would prevent the construction of a dwelling thereon.
6.51 Servicing Requirements for all Development
No person shall erect, alter or use any building or structure in any zone or defined area within
the Town unless such land, building, or structure is serviced with water and a sanitary system
satisfactory to the Town or its designated agent.
6.52 Setbacks on Streets
In addition to any yard or setbacks required by this By-law, all lot and building requirements
shall be in accordance with the following additional setback provisions.
a)
On All Private Roads: Notwithstanding any other provisions of this By-law,
when a building or structure is being proposed in any zone on a private road
or driveway providing access to multiple lots, which is less than 20.0 m wide
(save and except in those instances where Section 6.52 (b) of this By-law
applies), the building or structure must have a setback of 10.0 m from the
centerline of the private road or driveway providing access to multiple lots,
plus the lesser of 6.0 m or the front yard or exterior side yard setback for that
zone.
b)
On Provincial Highways / Rural Regional Roads: In addition to any other
setback or yard requirements of this By-law, any building or structure that is to
be erected on a lot that abuts a Provincial Highway or Rural Regional Road,
6.0 GENERAL PROVISIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
95
as identified in the Town of Lakeshore Official Plan, shall maintain a setback
from said road that is in accordance with the development standards of the
Ministry of Transportation and the County, as appropriate.
6.53 Sight Triangles
Sight triangles shall be provided in accordance with the following provisions.
a)
Notwithstanding any other provisions of this By-law, no building or structure,
including a fence, sign or driveway, shall be erected within a sight triangle, the
size of which is specified below, and no shrubs or foliage shall be planted or
maintained which exceed height of 0.5 m above the centreline grade of the
intersecting streets.
i)
For Urban Residential Local Roads, Urban Commercial/Employment
Local
Roads,
Urban
Residential
Collector
Roads,
Urban
Commercial/Employment Collector Roads and Rural Local Roads, as
identified in the Town of Lakeshore Official Plan, the minimum sight
triangle shall be 6.0 m; and
ii)
For Urban Arterial Roads, Rural Regional Roads, Rural Secondary
Roads and Rural Collector Roads, as identified in the Town of
Lakeshore Official Plan, the minimum sight triangle shall be 10.0 m.
iii)
For the purposes of this Section, a railway shall be deemed to be a
street and where a railway and any other street intersect, the
minimum sight triangle shall be 50.0 m.
6.54 Signs and Fences
All signs and fences shall be in accordance with the Town's Sign and Fence By-laws passed
under the authority of the Municipal Act.
6.55 Street Frontage Required
No person shall erect any building or structure unless the lot upon which such building or
structure is to be erected has lot frontage upon a street which has been assumed and opened
by the Town, the County, or the Province of Ontario and is maintained by such authority in
such a manner so as to permit its use by vehicular traffic, provided that 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 entered into by the Town in respect of such plan of
subdivision notwithstanding that the streets within such plan of subdivision have not been
assumed and are not being maintained by the Town.
6.0 GENERAL PROVISIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
96
Notwithstanding the previous paragraph, for the purposes of this Section, existing private roads
that are in or abut any Residential zone shall be considered as streets despite the fact that
such private roads have not been assumed by the Town. This provision shall only have effect
for the purpose of applying certain requirements and regulations of this By-law and not to the
consideration and granting of consents. The provision shall also not imply any obligation on the
Town to assume and/or develop any private road into a public street or to maintain it for private
or public purposes.
6.56 Through Lots
Where a lot which is not a corner lot has lot frontage on more than one (1) street, the setback
and front yard requirements contained herein shall apply on each street in accordance with the
provisions of the zone in which such lot is located.
6.57 Yard and Open Space Provisions for all Zones
No part of a yard or other open space required around any main building for the purpose of
complying with the provisions of this By-law shall be included as a part of a yard or other open
space similarly required for another main building.
6.58 Temporary Construction Uses
The temporary use of buildings and structures incidental and necessary for construction work
will be permitted in all zones (provided such work is proceeding expeditiously), but only for so
long as the same are necessary for construction work. Any temporary construction use must
be removed within two months of occupancy or commencement of the use of the work under
construction, or within two (2) months after. Permitted temporary construction uses shall also
include portable batching or recycling plant, concrete or asphalt, as well as wayside pits and
quarries.
6.59 Truck, Bus and Coach Bodies, Recreational Vehicles, Trailers or
Tents or Shipping Containers Used for Human Habitation or Storage
The use of trucks, buses, coach bodies, recreational vehicles, trailers, tents, or shipping
containers, for human habitation or storage shall be in accordance with the following
provisions.
a)
No truck, bus, coach or streetcar body, recreational vehicle, trailer or tent, or
shipping container, shall be used for human habitation within the Town
whether or not the same is mounted on wheels, except on a temporary basis,
such as the use of recreational vehicles, trailers and tents within a
campground, where it is permitted in accordance with this By-law.
6.0 GENERAL PROVISIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
97
b)
No trailer shall be used for storage within any Residential Zone or for
advertising purposes in any zone.
c)
No bus, coach or streetcar body, tent, recreational vehicle, trailer, boat, mobile
home, or shipping container, shall be used as a permanent office or for
storage, within the Town. This does not prevent the use of a transport trailer
or shipping container, for temporary storage of goods or materials that are
being transported. However, storage in a transport trailer or shipping
container is prohibited in any residential zone, except when such storage is
required to facilitate a repair or renovation, for which a building permit has
been obtained for a dwelling, in which case temporary storage of construction
materials in a transport trailer or shipping container will be permitted for a
maximum period of one hundred and twenty (120) days from the day such
transport trailer or shipping container is first located on the lot.
d)
No truck shall be parked and used for the wholesale or retail sale of goods,
articles or things for a period of more than thirty (30) days.
e)
No boat shall be used for human habitation within the Town from the month of
November to the month of April and provided such boat is docked in a marina.
6.60 Unlawful Uses
Any use established in violation of a predecessor of this By-law will be deemed to have been
established unlawfully. The passing of this By-law shall in no way render any unlawful use as a
lawful or legal non-conforming use.
6.61 Uses Permitted in all Zones
Nothing in this By-law shall apply to prevent or otherwise restrict in any way the following uses
and structures:
a)
streets or the installation of a watermain, sanitary sewer main, storm sewer
main, gas main, pipeline, or overhead or underground hydro, communications/
telecommunications, television, or other supply or communication line;
b)
existing railway rights-of-way, including any accessory buildings or structures
thereto;
c)
existing agricultural uses, until such time as redevelopment for the permitted
use that the lands are zoned for occurs; and
d)
fish, wildlife and forest management.
6.0 GENERAL PROVISIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
98
6.62 Uses Prohibited in all Zones
The establishment of any use of land, buildings or structures shall be in accordance with the
following provisions, which apply to prohibit particular uses, buildings or structures in all zones
unless otherwise stated.
a)
It shall be prohibited to use any land or to erect and use any building or other
structure in any zone or defined area for the purpose of a salvage or scrap
yard, wrecking yard, automobile salvage yard, a waste disposal site or waste
processing facility, a waste transfer site, a recycling centre or a composting
operation, the collection of junk, any refuse, scrap iron, or other scrap metals,
unless such uses are specifically listed as permitted uses within a particular
zone or defined area or unless this By-law is amended to specifically permit
the use.
b)
The refining, storage or use in manufacturing of coal oil, rock oil, fuel oil,
natural gas, propane, burning fluids, naphtha, benzol, benzene, gasoline,
ethanol, dynamite, dualin, nitroglycerine, gun powder, petroleum or any other
combustible, inflammable, volatile or otherwise dangerous liquids, gases or
solid materials except where specifically permitted hereby or in conjunction
with a permitted use and unless such substances are protected by adequate
firefighting and fire prevention equipment and by such safety devices as are
generally employed in the handling of such substances and provided that such
substances are kept removed from adjacent uses to a distance which is
compatible with the potential danger involved, except that this provision shall
not apply to prevent the above ground storage of such substances by a
farmer, where such storage is incidental and accessory to an agricultural use,
or the use of natural gas, propane or fuel oil for domestic purposes, such as
heating and cooking, in conjunction with a residential use;
c)
The keeping of derelict vehicles is prohibited, unless it specifically forms part
of a permitted use in a zone.
d)
Mobile homes shall be prohibited in the Town, except where they are
specifically listed as a permitted use in a zone or defined area.
e)
Uses not listed as permitted uses in a zone or defined area in this By-law shall
be prohibited in such zone or defined area.
6.63 Waste Area Enclosures
a)
Waste area enclosures shall not be required in association with any lot zoned
R1, R2, RW1, RW2, RM, HR, A, EP, W or UR. In any other zone, no person
shall store garbage or refuse on any lot except within the main building on the
lot or within a waste area enclosure.
6.0 GENERAL PROVISIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
99
b)
No waste area enclosure shall be located closer than 6.0 metres from any
Residential Zone.
c)
No waste area enclosure shall be located in the front yard or exterior side yard
of any lot.
7.0 PERMITTED USES
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | September 15, 2018
100
7.0
Permitted Uses
Subject to compliance with this By-law, the following uses shall be permitted within the zones
corresponding to the columns identified with a "-" in Table 7.1. Where a superscript "E" (E) is
identified next to a "-" symbol, only existing uses shall be permitted. All permitted uses shall
be subject to the applicable Zone Regulations provided in Section 8.0 and the General
Provisions including the site specific qualifications provided in Section 6.0, where applicable.
The zone symbols are defined and described in Section 5.2, .and consist of letters and
numbers, as the case may be, as listed below:
Zone Symbol
Zone Title
Residential Zones
R1
Residential - Low Density
R2
Residential - Medium Density
R3
Residential - High Density
RM
Residential Mobile Home Park
RW1
Residential Waterfront - Watercourse
RW2
Residential Waterfront - Lake St. Clair
Hamlet Zones
HR
Hamlet Residential
HC
Hamlet Commercial
HE
Hamlet Employment
Commercial Zones
CS
Service Commercial
CR
Rural Commercial/Employment
CN
Neighbourhood Commercial
CT
Recreational/Tourist Commercial
Mixed Use Zones
CA
Central Area
MU
Mixed Use
Employment Zones
M1
General Employment
7.0 PERMITTED USES
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | September 15, 2018
101
Zone Symbol
Zone Title
M2
Business Park
Institutional Zones
I1
Major Institutional
I2
Minor Institutional
Agriculture Zone
A
Agriculture
Environmental Protection, Parks and Open Space Zones
EP
Environmental Protection
W
Wetland
P
Parks and Open Space
Urban Reserve Zone
UR
Urban Reserve
7.0 PERMITTED USES
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | September 15, 2018
102
.Table 7.1 - Permitted Uses
R1 R2 R3 RM RW1 RW2 HR HC HE CS CR CA CN CT MU M1 M2 I1 I2 EP W P
A UR
(a) Residential Uses
Single detached
dwelling
- -
-
-
-
-E
-E -E
- - E
Semi-detached
dwelling
-
-
-E
-E
Duplex dwelling
-
- E
-E
Triplex dwelling
-
- E
-E
Townhouse dwelling
-
- E
-
Apartment dwelling
-
-
-
Secondary dwelling
unit
-
-
Seasonal dwelling
-
-
Accessory dwelling
unit(s) in
combination with a
non-residential use
-
-
-
-
-
-
-
Converted dwelling
- -
-
-
- - E
Mobile home park
-
-E
Mobile home
-
-E - E
Group home
dwelling
- - -
-
-
-
-
- - E
Home occupation
- -
-
-
-
- E
-
-
(b) Agricultural and Rural Uses
Agricultural use
- E - E
-E
-
-
Agricultural use -
Value Added
-
Abattoir
-
-E
Agricultural
commercial and/or
industrial
establishment
-
-
-E
Agricultural
processing
establishment
-
-
-
Agricultural service
and supply
establishment
-
-
Farm produce outlet
-
-
-
-
Farm winery
-
Forestry use
-
-
Greenhouse farm
-
-E
Home occupation,
agricultural
-
-
Home industry
-
-E
Kennel
-
Mushroom farm
-
-E
7.0 PERMITTED USES
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | September 15, 2018
103
.Table 7.1 - Permitted Uses
R1 R2 R3 RM RW1 RW2 HR HC HE CS CR CA CN CT MU M1 M2 I1 I2 EP W P
A UR
Organic soil
conditioning
-
-E
Resource extraction
operation
-
-E
Secondary farm
dwelling
-
-E
(c) Commercial Uses
Animal clinic
-
-
-
-
Animal shelter
-
Auction
establishment
-
-
Automobile rental
establishment
-
-
Automobile repair
establishment
-
-
-
-E
-
-
Automobile sales
and service
establishment
- - E
-
Automobile service
station
-
-
-
-E
-
Automobile washing
establishment
-
-
Automobile washing
establishment,
Automatic
-
-
-
-
-
Bed and breakfast
establishment
- -
-
-
-
-
-
-
-
-E
Bake shop
-
-
-
Building supply
outlet
-
-
-
-
-
Commercial school
-
-
-
Day care centre
-
-
-
-
-
-
Dry cleaning
establishment
-
-
-
-
-
Eating
establishment
-
-
-E
-
-
-
Financial institution
-
-
-
-
Fitness centre
-
-
-
-
Funeral home
-
-
-
-
Greenhouse
-
-
-E
Hotel
-
-
-
-
Laundromat
-
-
-
-
-
Motel
-
-
-
Nursery and garden
store
-
-
-
7.0 PERMITTED USES
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | September 15, 2018
104
.Table 7.1 - Permitted Uses
R1 R2 R3 RM RW1 RW2 HR HC HE CS CR CA CN CT MU M1 M2 I1 I2 EP W P
A UR
Parking lot or
structure, public
-
-
Personal service
shop
-
-
-
-
-
Pharmacy
-
-
-
-
Place of
entertainment
-
-
-
-
-
Printing
establishment
-
-
-
Private club
-
-
-
-
-
-
Public club
-
-
-
-
-
-
Public storage
-
-E
-
Recreational vehicle
sales, service, and
storage
establishment
-
-
-
Retail establishment
-
-
-
-
Retail
establishment,
convenience
-
-
-
-
-
Retail and service
uses related to
recreation
-
Retail use,
accessory
-
-
-
Service and repair
establishment
-
-
-
-
Shopping Centre
-
-
-
-
-
Supermarket
-
-
-
-
Taxi establishment
-
(d) Employment Uses
Batching or
recycling plant,
concrete or asphalt
-
Bus terminal
-
Call centre
-
-
Contractor's yard
-
-
Laboratory or
scientific research
facility
-
-
Landing strip
-
Manufacturing,
heavy
-
Manufacturing, light
-
-
-
Office
-
-
-
-
-
-
-
Propane transfer
facility
-
7.0 PERMITTED USES
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | September 15, 2018
105
.Table 7.1 - Permitted Uses
R1 R2 R3 RM RW1 RW2 HR HC HE CS CR CA CN CT MU M1 M2 I1 I2 EP W P
A UR
Service trade
establishment
-
-
-
-
Studio
-
-
-
-
Transport terminal
-
-
-
Utility yard
-
Warehouse
-
Wholesale
establishment
-
-
-
-
(e) Institutional Uses
Assembly hall
-
-
-
-
-
-E
Community centre
-
-
-
-
-
-
Cultural facility
-
-
-
-
-
Hospital
-
Library
-
-
-
-
Medical office
-
-
-
-
-
Place of worship
-
-
-
-
-
- E
Private school
-
-
-
-
-
Public school
-
-
-
-
-
Retirement home
-
-
-
-
(f) Parks, Open Space and Outdoor Recreation Uses
Campground
-E
-
-
Cemetery
-
-
- E
Conservation area
-
-
-
- - E
Fairs or exhibition
grounds
-
-
Golf course
-E
-
-
-
Hunting, trapping
and fishing or
Hunting, game and
wildlife preserve
-
-
-
-E
Marina
-E
-
-
-
Park, Public or
Private
-
-
-
Tourist information
services
-
-
8.0 ZONE REGULATIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | September 15, 2018
106
8.0
Zone Regulations
8.1
Urban Residential Zone Regulations
The following regulations shall apply to the Residential - Low Density (R1), Residential -
Medium Density (R2), and Residential - High Density (R3) zones. Refer to Section 9.0 for a
list of zone exceptions.
Zone
Regulations
Residential - Low
Density (R1)
Residential -
Medium Density
(R2)
Residential - High
Density (R3)
Permitted Uses
As indicated in Table 7.1
Minimum Lot
Area
500 m2
500 m2 (single
detached dwelling);
or
270 m2 (semi-
detached dwelling);
or
223 m2 (townhouse
dwelling); or
550 m2 (duplex
dwelling); or
600 m2 (triplex
dwelling)
165 m2 per dwelling
unit
Minimum Lot
Frontage
15.0 m
15.0 m (single
detached dwelling);
or
9.0 m, except on a
corner lot where it
shall be 12.0 m
(semi-detached
dwelling); or
8.0 m for interior
units, 9.5 m for
exterior units and
12.5 m for exterior
units on a corner lot
(townhouse dwelling);
or
18.0 m (duplex
dwelling); or
20.0 m (triplex
dwelling)
20.0 m
8.0 ZONE REGULATIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | September 15, 2018
107
Zone
Regulations
Residential - Low
Density (R1)
Residential -
Medium Density
(R2)
Residential - High
Density (R3)
Maximum Lot
Coverage
(including
accessory
buildings)
35%
35% (single detached
dwelling and semi-
detached dwelling);
or
40% (townhouse
dwelling, duplex
dwelling and triplex
dwelling)
35%
Minimum
Landscaped
Open Space
30%
30%
35%
Minimum
Setbacks (main
buildings):
Front Yard
7.5 m
6.0 m
7.5 m
Rear Yard
7.5 m
7.5 m
7.5 m
Interior Side
Yard
1.5 m (where a
private garage is
attached or detached
from the main
building); or
3.0 m on one side
and 1.5 m on the
other side (where no
private garage is
attached or detached
from the main
building)
1.5 m (where a
private garage is
attached or detached
from the main
building); or
3.0 m on one side
and 1.5 m on the
other side (where no
private garage is
attached or detached
from the main
building)
0.0 m where two
dwellings share a
common wall
6.0 m
Exterior
Side Yard
4.5 m
4.5 m
6.0 m
Maximum
Height of
Buildings and
Structures
10.5 m
10.5 m
10.5 m
Other
Provisions
Maximum Gross
Density: 62.0 dwelling
units per gross
8.0 ZONE REGULATIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | September 15, 2018
108
Zone
Regulations
Residential - Low
Density (R1)
Residential -
Medium Density
(R2)
Residential - High
Density (R3)
hectare.
Buffer Strip: 4.5 m
where the zone abuts
any Residential Zone.
8.0 ZONE REGULATIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | September 15, 2018
109
8.2
Residential Mobile Home Park Zone Regulations
The following regulations shall apply to the Residential Mobile Home Park (RM) zone. Refer to
Section 9.0 for a list of zone exceptions.
Zone Regulations
Residential Mobile Home Park (RM)
Mobile Home Park
Mobile Home Site
Permitted Uses
As indicated in Table 7.1
Minimum Lot Area
2.0 ha
370 m2
Minimum Lot Frontage
60.0 m
12.0 m
Maximum Lot Coverage
(including accessory
buildings)
30%
30%
Minimum Landscaped Open
Space
N/A
N/A
Minimum Setbacks (main
buildings):
Front Yard
15.0 m
1.5 m
Rear Yard
8.0 m
1.5 m
Interior Side Yard
8.0 m
1.5 m
Exterior Side Yard
15.0 m
4.5 m
Maximum Height of Buildings
and Structures
10.5 m
4.5 m
8.0 ZONE REGULATIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | September 15, 2018
110
8.3
Residential Waterfront Zone Regulations
The following regulations shall apply to the Residential Waterfront - Watercourse (RW1) and
Residential Waterfront - Lake St. Clair (RW2) zones. Refer to Section 9.0 for a list of zone
exceptions.
Zone Regulations
Residential Waterfront -
Watercourse (RW1)
Residential Waterfront-
Lake St. Clair (RW2)
Permitted Uses
As indicated in Table 7.1
Minimum Lot Area
1,400 m2 (where municipal
sanitary servicing is
available)
2,000 m2 (where municipal
sanitary servicing is
unavailable)
800 m2 (where municipal
sanitary servicing is
available)
1,400 m2 (where municipal
sanitary servicing is
unavailable)
Minimum Lot Frontage
23.0 m (where municipal
sanitary servicing is
available)
30.0 m (where municipal
sanitary servicing is
unavailable)
18.0 m (where municipal
sanitary servicing is
available)
23.0 m (where municipal
sanitary servicing is
unavailable)
Maximum Lot Coverage
(including accessory
buildings)
35%
35%
Minimum Landscaped Open
Space
30%
30%
Minimum Setbacks (main
buildings):
Front Yard
7.5 m (where municipal
sanitary servicing is
available); or
15.0 m (where municipal
sanitary servicing is
unavailable)
7.5 m (where municipal
sanitary servicing is
available); or
15.0 m (where municipal
sanitary servicing is
unavailable)
Rear Yard
7.5 m
7.5 m
Interior Side Yard
1.5 m (where a private
garage is attached or
detached from the main
building); or
3.0 m on one side and 1.5
m on the other side (where
no private garage is
1.5 m
8.0 ZONE REGULATIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | September 15, 2018
111
Zone Regulations
Residential Waterfront -
Watercourse (RW1)
Residential Waterfront-
Lake St. Clair (RW2)
attached or detached from
the main building)
Exterior Side Yard
4.5 m
4.5 m
Maximum Height of Buildings
and Structures
10.5 m
10.5 m
8.0 ZONE REGULATIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | September 15, 2018
112
8.4
Hamlet Zone Regulations
The following regulations shall apply to the Hamlet Residential (HR), Hamlet Commercial (HC)
and Hamlet Employment (HE) zones. Refer to Section 9.0 for a list of zone exceptions.
Zone Regulations
Hamlet Residential
(HR)
Hamlet Commercial
(HC)
Hamlet Employment
(HE)
Permitted Uses
As indicated in Table 7.1
Minimum Lot Area
550 m2 (single
detached dwelling,
where municipal
sanitary servicing is
available); or
2,000 m2 (single
detached dwelling,
where municipal
sanitary servicing is
unavailable): or
270 m2 (semi-
detached dwelling,
where municipal
sanitary servicing is
available); or
1,100 m2 (semi-
detached dwelling,
where municipal
sanitary servicing is
unavailable)
2,000 m2
2,000 m2
8.0 ZONE REGULATIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | September 15, 2018
113
Zone Regulations
Hamlet Residential
(HR)
Hamlet Commercial
(HC)
Hamlet Employment
(HE)
Minimum Lot
Frontage
15.0 m (single
detached dwelling,
where servicing
available); or
23.0 m (single
detached dwelling,
where municipal
sanitary servicing is
unavailable); or
9.0 m, except on a
corner lot where it
shall be 12.0 m
(semi-detached
dwelling, where
servicing available);
or
12.0 m, except on a
corner lot where it
shall be 15.0 m
(semi-detached
dwelling, where
municipal sanitary
servicing is
unavailable)
23.0 m
23.0 m
Maximum Lot
Coverage (including
accessory buildings)
35%
30%
30%
Minimum
Landscaped Open
Space
30%
25%
25%
Minimum Setbacks
(main buildings):
Front Yard
7.5 m
3.0 m
3.0 m
Rear Yard
7.5 m
10.5 m (where the
building contains
residential
dwellings); or
9.0 m (where the
yard abuts a
residential zone); or
7.5 m for all other
cases
10.5 m (where the
building contains
residential dwellings);
or
9.0 m (where the yard
abuts a residential
zone); or
7.5 m for all other
cases
8.0 ZONE REGULATIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | September 15, 2018
114
Zone Regulations
Hamlet Residential
(HR)
Hamlet Commercial
(HC)
Hamlet Employment
(HE)
Interior Side
Yard
1.5 m (where a
private garage is
attached or detached
from the main
building); or
3.0 m on one side
and 1.5 m on the
other side (where no
private garage is
attached or detached
from the main
building)
6.0 m (where the
building contains
residential
dwellings); or
9.0 m (where the
yard abuts a
residential zone); or
3.0 m for all other
cases
6.0 m (where the
building contains
residential dwellings);
or
9.0 m (where the yard
abuts a residential
zone); or
3.0 m for all other
cases
Exterior Side
Yard
4.5 m
3.0 m
3.0 m
Maximum Height of
Buildings and
Structures
10.5 m
10.5 m
10.5 m
Other Provisions
Buffer Strip: 4.5 m
shall be provided
abutting the side and
rear lot lines, where
zone abuts a
residential,
institutional or
recreational zone
Buffer Strip: 4.5 m
shall be provided
abutting the side and
rear lot lines, where
zone abuts a
residential,
institutional or
recreational zone
8.0 ZONE REGULATIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | September 15, 2018
115
8.5
Commercial Zone Regulations
The following regulations shall apply to the Service Commercial (CS), Rural
Commercial/Employment (CR), Neighbourhood Commercial (CN) and Recreational/Tourist
Commercial (CT) Zones. Refer to Section 9.0 for a list of zone exceptions.
Zone
Regulations
Service
Commercial
(CS)
Rural
Commercial/
Employment
(CR)
Neigh-
bourhood
Commercial
(CN)
Recreational/
Tourist
Commercial
(CT)
Permitted Uses
As indicated in Table 7.1
Minimum Lot
Area
N/A
1,858 m2
(subject to
suitability of
servicing)
697 m2
N/A
Minimum Lot
Frontage
15.0 m
30.0 m
15.0 m
15.0 m
Maximum Lot
Coverage
(including
accessory
buildings)
50%
30%
30%
35%
Minimum
Landscaped
Open Space
20%
20%
N/A
N/A
Minimum
Setbacks (main
buildings):
Front Yard
6.0 m
7.5 m
3.0 m
4.5 m
Rear Yard
N/A (where a
yard abuts a
commercial
zone or
employment
zone and
access is
available to the
rear yard by a
public lane or
private road); or
7.5 m (where
the yard abuts a
commercial or
7.5 m
N/A (where a
yard abuts a
commercial
zone or
employment
zone and
access is
available to the
rear yard by a
public lane or
private road); or
7.5 m (where
the yard abuts a
commercial or
N/A (where a
yard abuts a
commercial
zone or
employment
zone); or
4.0 m (where a
yard abuts a
residential,
institutional or
parks and open
space zone)
8.0 ZONE REGULATIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | September 15, 2018
116
Zone
Regulations
Service
Commercial
(CS)
Rural
Commercial/
Employment
(CR)
Neigh-
bourhood
Commercial
(CN)
Recreational/
Tourist
Commercial
(CT)
employment
zone and no
access is
available to the
rear of the said
building except
by means of a
yard); or
10.5 m (where
the building
contains
residential
dwellings of one
or more stories
in height); or
10.5 m (where
the yard abuts a
residential,
institutional or
parks and open
space zone)
employment
zone and no
access is
available to the
rear of the said
building except
by means of a
yard); or
10.5 m (where
the building
contains
residential
dwellings of one
or more stories
in height); or
10.5 m (where
the yard abuts a
residential,
institutional or
parks and open
space zone)
Interior Side
Yard
N/A (where a
yard abuts a
commercial
zone and
access is
available to the
rear yard by a
public lane or
private road); or
4.5 m on one
side (where the
yard abuts a
commercial
zone and no
access is
available to the
rear yard except
through the side
yard); or
4.5 m (where
7.5 m (where a
yard abuts a
residential,
institutional or
parks and open
space zone); or
4.5 m (all other
cases)
N/A (where a
yard abuts a
commercial
zone and
access is
available to the
rear yard by a
public lane or
private road); or
4.5 m on one
side (where the
yard abuts a
commercial
zone and no
access is
available to the
rear yard except
through the side
yard); or
4.5 m (where
N/A (where a
yard abuts a
commercial
zone or
employment
zone); or
4.0 m (where
yard abuts a
residential,
institutional or
parks and open
space zone)
8.0 ZONE REGULATIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | September 15, 2018
117
Zone
Regulations
Service
Commercial
(CS)
Rural
Commercial/
Employment
(CR)
Neigh-
bourhood
Commercial
(CN)
Recreational/
Tourist
Commercial
(CT)
the yard abuts a
residential,
institutional or
parks and open
space zone)
the yard abuts a
residential,
institutional or
parks and open
space zone)
Exterior
Side Yard
4.5 m
6.0 m
6.0 m
4.5 m
Maximum
Height of
Buildings and
Structures
10.5 m
10.5 m
7.5 m (unless
residential
dwelling unit[s]
are located
above, in which
case the
maximum
height shall be
10.5 m)
10.5 m
Other
Provisions
Maximum Gross
Floor Area:
3,000 m2
Minimum Retail
Floor Area: 55.5
m2;
Maximum Retail
Floor Area: 300
m2 (within any
grouping);
Buffer Strip: 4.5
m shall be
provided
abutting a
residential,
institutional or
parks and open
space zone;
and
Location: Any
CN Zone shall
be located no
more than 50 m
from the
intersection of
an Urban
Residential
Collector Road
8.0 ZONE REGULATIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | September 15, 2018
118
Zone
Regulations
Service
Commercial
(CS)
Rural
Commercial/
Employment
(CR)
Neigh-
bourhood
Commercial
(CN)
Recreational/
Tourist
Commercial
(CT)
or Urban
Arterial Road,
as identified in
the Town of
Lakeshore
Official Plan.
8.0 ZONE REGULATIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | September 15, 2018
119
8.6
Mixed Use Zone Regulations
The following regulations shall apply to the Central Area (CA) and Mixed Use (MU) zones.
Refer to Section 9.0 for a list of zone exceptions.
Zone Regulations
Central Area Commercial
(CA)
Mixed Use (MU)
Permitted Uses
As indicated in Table 7.1
Minimum Lot Area
N/A
N/A
Minimum Lot Frontage
N/A
15 m
Maximum Lot Coverage
(including accessory
buildings)
80%
50%
Minimum Landscaped Open
Space
N/A
20%
Minimum Setbacks (main
buildings):
Front Yard
N/A (subject to any required
County setbacks)
Where the lot fronts on
County Road 22: Shall be in
accordance with the
County's minimum building
setback requirements
Where the lot fronts on any
other road: 4.5 m
Rear Yard
4.5 m
N/A (where a yard abuts a
commercial zone or
employment zone and
access is available to the
rear yard by a public lane or
private road); or
7.5 m (where the yard abuts
a commercial or employment
zone and no access is
available to the rear of the
said building except by
means of a yard); or
10.5 m (where the building
contains residential dwelling
units of one or more storeys
in height); or
10.5 m (where the yard
abuts a residential,
institutional or parks and
8.0 ZONE REGULATIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | September 15, 2018
120
Zone Regulations
Central Area Commercial
(CA)
Mixed Use (MU)
open space zone)
Interior Side Yard
N/A (where a yard abuts a
commercial zone and access
is available to the rear yard
by a public lane or private
road); or
4.5 m on one side (where
the yard abuts a commercial
zone and no access is
available to the rear yard
except through the side
yard); or
4.5 m (where the yard abuts
a residential, institutional or
parks and open space zone)
N/A (where a yard abuts a
commercial zone and access
is available to the rear yard
by a public lane or private
road); or
4.5 m on one side (where
the yard abuts a commercial
zone and no access is
available to the rear yard
except through the side
yard); or
7.5 m (where the yard abuts
a residential, institutional or
parks and open space zone)
Exterior Side Yard
4.5 m
4.5 m
Maximum Setbacks (main
buildings):
Front Yard
3.0 m (subject to any
required County setbacks)
Shall be in accordance with
Schedule B and the County
Road 22 Street Frontage
requirements of Section 6.17
Exterior Side Yard
3.0 m (subject to any
required County setbacks)
Shall be in accordance with
Schedule B and the County
Road 22 Street Frontage
requirements of Section 6.17
Maximum Height of
Buildings and Structures
10.5 m
(Exception: Minimum height
of 10.5 m [3 storeys] on the
south side of Notre Dame
Street in Belle River and
maximum height of 7.5 m [2
storeys] on north side of
Notre Dame Street)
10.5 m
Other Provisions
Buffer Strip: 3.0 m shall be
provided in a yard abutting
an R1 Zone.
Maximum Gross Floor Area:
3,000 m2; and
Buffer Strip: 4.5 m shall be
provided in a yard abutting a
residential, institutional or
the parks and open space
zone.
8.0 ZONE REGULATIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | September 15, 2018
121
Zone Regulations
Central Area Commercial
(CA)
Mixed Use (MU)
Zone regulations for
townhouse dwellings will be
in accordance with the R2
Zone.
8.0 ZONE REGULATIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | September 15, 2018
122
8.7
Employment Zone Regulations
The following regulations shall apply to the General Employment (M1) and Business Park (M2)
zones. Refer to Section 9.0 for a list of zone exceptions.
Zone Regulations
General Employment (M1)
Business Park (M2)
Permitted Uses
As indicated in Table 7.1
Minimum Lot Area
500 m2
500 m2
Minimum Lot Frontage
18.0 m
18.0 m
Maximum Lot Coverage
(including accessory
buildings)
50%
50%
Minimum Landscaped Open
Space
20%
20%
Minimum Setbacks (main
buildings):
Front Yard
7.5 m
4.5 m
Rear Yard
10.0 m; or
15.0 m (where the yard abuts
a residential, institutional or
open space zone)
10.0 m; or
15.0 m (where the yard abuts
a residential, institutional or
open space zone)
Interior Side Yard
4.5 m; or
15.0 m (where the yard abuts
a residential, institutional or
open space zone)
4.5 m; or
15.0 m (where the yard abuts
a residential, institutional or
open space zone)
Exterior Side Yard
4.5 m
4.5 m
Maximum Height of Buildings
and Structures
15.0 m
15.0 m
Other Provisions
Buffer Strip: 6.0 m shall be
provided abutting a
residential, institutional or
parks and open space zone
Buffer Strip: 6.0 m shall be
provided abutting a
residential, institutional or
parks and open space zone
8.0 ZONE REGULATIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | September 15, 2018
123
8.8
Institutional Zone Regulations
The following regulations shall apply to the Major Institutional (I1) and Minor Institutional (I2)
zones. Refer to Section 9.0 for a list of zone exceptions.
Zone Regulations
Major Institutional (I1)
Minor Institutional (I2)
Permitted Uses
As indicated in Table 7.1
Minimum Lot Area
2.0 ha
500 m2
Maximum Lot Area
N/A
2.0 ha
Minimum Lot Frontage
15.0 m
15.0 m
Maximum Lot Coverage
(including accessory
buildings)
35%
35%
Minimum Landscaped Open
Space
30%
30%
Minimum Setbacks (main
buildings):
Front Yard
10.0 m
7.5 m
Rear Yard
10.0 m
7.5 m
Interior Side Yard
6.0 m
6.0 m
Exterior Side Yard
10.0 m
6.0 m
Maximum Height of Buildings
and Structures
10.5 m
10.5 m
Other Provisions
Buffer Strip: 6.0 m shall be
provided abutting a
residential, institutional or
parks and open space zone
Buffer Strip: 4.5 m shall be
provided abutting a
residential, institutional or
parks and open space zone
8.0 ZONE REGULATIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | September 15, 2018
124
8.9
Agriculture Zone Regulations
The following regulations shall apply to the Agriculture (A) zone. Refer to Section 9.0 for a list
of zone exceptions.
Zone Regulations
Agricultural Uses and
Accessory Uses
Residential Lots
Permitted Uses
As indicated in Table 7.1
As indicated in Table 7.1 (a)
Residential Uses
Minimum Lot Area
19.0 ha
3,000 m2
Maximum Lot Area
N/A
4.0 ha
Minimum Lot Frontage
75 m
30 m
Maximum Lot Coverage
(including accessory
buildings)
20%
30%
Minimum Landscaped Open
Space
N/A
20%
Minimum Setbacks (main
buildings):
Front Yard
15.0 m
15.0 m
Rear Yard
15.0 m
15.0 m
Interior Side Yard
3.0 m
3.0 m
Exterior Side Yard
6.0 m
6.0 m
Maximum Height of Buildings
and Structures
10.5 m
10.5 m
Other Provisions
A dwelling is prohibited on a
lot that was created as a
result of a consent to sever a
dwelling, on or after March 1,
2005.
8.0 ZONE REGULATIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | September 15, 2018
125
8.10 Environmental Protection, Parks and Open Space Zone Regulations
The following regulations shall apply to the Environmental Protection (EP), Wetland (W) and
Parks and Open Space (P) zones. Refer to Section 9.0 for a list of zone exceptions.
Zone Regulations
Environmental
Protection (EP)
Wetland (W)
Parks and Open
Space (P)
Permitted Uses
As indicated in Table 7.1
Minimum Lot Area
N/A (where no
buildings are
constructed); or
1,000 m2 (where
buildings are
constructed)
N/A
N/A
Minimum Lot Frontage
N/A (where no
buildings are
constructed); or
30 m (where
buildings are
constructed)
N/A
15.0 m
Maximum Lot
Coverage (including
accessory buildings)
10%
N/A
35%
Minimum Landscaped
Open Space
N/A
N/A
30%
Minimum Setbacks
(main buildings):
N/A
Front Yard:
15.0 m
N/A
7.5 m
Rear Yard:
15.0 m
N/A
7.5 m
Interior Side Yard:
15.0 m
N/A
7.5 m
Exterior Side Yard:
15.0 m
N/A
7.5 m
Maximum Height of
Buildings and
Structures
10.5 m
N/A
10.5 m
Other Provisions
N/A
All lot and building
requirements for
lands zoned W shall
be as they existed
on the date of
adoption of this By-
law; and
Uses are subject to
N/A
8.0 ZONE REGULATIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | September 15, 2018
126
Zone Regulations
Environmental
Protection (EP)
Wetland (W)
Parks and Open
Space (P)
the approval of the
Town, in
consultation with the
Conservation
Authority.
8.0 ZONE REGULATIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | September 15, 2018
127
8.11 Urban Reserve Zone Regulations
The following regulations apply to the Urban Reserve (UR) zone. Refer to Section 9.0 for a list
of zone exceptions.
Zone Regulations
Urban Reserve (UR)
Agricultural Uses and
Accessory Uses
Residential Lots
Permitted Uses
As indicated in Table 7.1
As indicated in Table 7.1 (a)
Residential Uses
Minimum Lot Area
19.0 ha
3,000 m2
Maximum Lot Area
N/A
4.0 ha
Minimum Lot Frontage
75 m
30 m
Maximum Lot Coverage
(including accessory
buildings)
20%
30%
Minimum Landscaped Open
Space
N/A
20%
Minimum Setbacks (main
buildings):
Front Yard
15.0 m
15.0 m
Rear Yard
15.0 m
15.0 m
Interior Side Yard
3.0 m
3.0 m
Exterior Side Yard
6.0 m
6.0 m
Maximum Height of Buildings
and Structures
10.5 m
10.5 m
Other Provisions
A dwelling is prohibited on a
lot that was created as a
result of a consent to sever
a dwelling, on or after March
1, 2005.
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | September 15, 2018
129
9.0
Zone Exceptions
[Replace this Page with the separate Section 9.0 Document]
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | September 15, 2018
131
READ A FIRST TIME ON THE ________ DAY OF _____________________, 2012
READ A SECOND TIME ON THE ________ DAY OF _____________________, 2012
READ A THIRD TIME AND FINALLY PASSED ON THE
________ DAY OF _____________________, 2012
______________________________ Mayor
______________________________ Clerk
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
127
9.0
Zone Exceptions
9.1
Residential Type 1 (R1) Zone Exceptions
Notwithstanding any other provisions of this By-law, the special regulations contained in this
Section shall apply to the area or areas defined below and as shown on Schedule A:
9.1.1
Residential Type 1 Zone Exception 1 (R1-1) (Map 64)
a)
Zone Regulations: The minimum lot area shall be 630.0 m and the minimum lot
frontage shall be 17.0 m.
9.1.2
Residential Type 1 Zone Exception 2 (R1-2) (Map 74)
a)
Permitted Uses: An establishment for the sharpening of instruments or tools
including saw blades, scissors, knives, etc. in an accessory building shall be an
additional permitted use. No new buildings and structures that are associated with
the establishment for the sharpening of instruments or tools will be permitted.
b)
Zone Regulations: All lot and building requirements for the permitted uses shall be in
accordance with the requirements for the R1 zone.
9.1.3
Residential Type 1 Zone Exception 3 (R1-3) (Map 33)
a)
Permitted Uses: A boat storage facility and accessory uses shall be an additional
permitted use.
b)
Zone Regulations: Only existing buildings shall be permitted, an expansion of an
existing building or construction of a new building will require relief from this by-law.
All lot and building requirements for the uses permitted in the R1 zone shall be in
accordance with the requirements of this By-law.
9.1.4
Residential Type 1 Zone Exception 4 (R1-4) (Map 33)
a)
Permitted Uses: The existing automobile service station and accessory uses shall be
an additional permitted use.
b)
Zone Regulations: Only existing buildings shall be permitted, an expansion of an
existing building or construction of a new building will require relief from this by-law.
All lot and building requirements for the uses permitted in the R1 zone shall be in
accordance with the requirements for the R1 zone.
9.1.5
Residential Type 1 Zone Exception 5 (R1-5) (Map 75)
a)
Permitted Uses: One retirement home and accessory uses shall be the only
permitted use.
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
128
b)
Zone Regulations: All lot and building requirements shall be in accordance with the
following provisions:
i)
The minimum lot area shall be 4,000 m2.
ii)
The minimum lot frontage shall be 45.0 m.
iii)
The maximum number of dwelling units shall be 20.
iv)
The minimum front yard shall be 9.0 m.
v)
The minimum rear yard shall be 6.5 m.
vi)
The minimum side yard shall be 6.5 m.
vii) The minimum floor area shall be 42.0 m2 per dwelling unit.
viii) 0.4 parking spaces per dwelling unit shall be provided on the same lot and
will be permitted in the required yards.
9.1.6
Residential Type 1 Zone Exception 6 (R1-6) (Map 34)
a)
Permitted Uses: A storage facility shall be an additional permitted use. Outdoor
storage including the parking of automobiles awaiting service from an automobile
repair garage shall not be permitted.
b)
Zone Regulations: Only existing buildings shall be permitted, an expansion of an
existing building or construction of a new building will require relief from this by-law.
All lot and building requirements for the uses permitted in the R1 zone shall be in
accordance with the requirements of this By-law.
9.1.7
Residential Type 1 Zone Exception 7 (R1-7) (Map 64)
a)
Permitted Uses: A retirement home shall be an additional permitted use.
b)
Zone Regulations: All lot and building requirements for the existing buildings and
structures shall be in accordance with the following:
i)
The minimum lot area shall be 22,500 m2.
ii)
The minimum lot frontage shall be 160.0 m.
iii)
The minimum front yard shall be 40.0 m.
iv)
The minimum rear yard shall be 35.0 m.
v)
The minimum side yard shall be 20.0 m.
vi)
The maximum total floor area for all accessory buildings shall be 115.0 m2.
vii) The maximum lot coverage for the main building shall be 15%.
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
129
viii) The maximum building height shall be 3 storeys or 12.0 m.
ix)
A minimum of 63 parking spaces shall be provided.
x)
All other lot and building requirements pertaining to lands zoned R2 shall
also apply to lands zoned R1-7.
9.1.8
Residential Type 1 Zone Exception 8 (R1-8) (Map 34)
a)
Permitted Uses: An eating establishment, professional offices, dwelling units, retail
establishments, personal service shops and accessory uses only.
b)
Zone Regulations: All lot and building requirements for the permitted buildings and
structures shall be in accordance with the requirements for the CA zone.
9.1.9
Residential Type 1 Zone Exception 9 (R1-9) (Map 34)
a)
Permitted Uses: One converted single unit dwelling with not more than four dwelling
units and accessory uses.
b)
Zone Regulations: The front yard and the west side yard requirements shall be as
they legally existing on the date of the passing of this By-law.
9.1.10 Residential Type 1 Zone Exception 10 (R1-10) (Map 1 and Map 2)
a)
Zone Regulations: The minimum lot area shall be 1,400.0 m2 and the minimum lot
frontage shall be 30.0 m.
9.1.11 Residential Type 1 Zone Exception 11 (R1-11) (Map 19)
a)
Permitted Uses: Shall include the light manufacturing, assembly and processing of
component parts (Styrofoam / Stucco) to produce finished products related to
decorative molding products within an existing building and uses accessory to this
permitted use only. Only the existing buildings and structures will be permitted.
b)
Zone Regulations: Only existing buildings shall be permitted, an expansion of an
existing building or construction of a new building will require relief from this by-law.
9.1.12 Residential Type 1 Zone Exception 12 (R1-12) (Map 64)
a)
Permitted Uses: A single detached dwelling, a multiple dwelling, a bed and breakfast
establishment, one home occupation and accessory uses shall be the only permitted
uses.
b)
Zone Regulations: Only existing buildings shall be permitted, an expansion of an
existing building or construction of a new building will require relief from this by-law.
c)
For the purposes of this By-law, those lands zoned R1-12 shall be considered to be a
lot.
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
130
9.1.13 Residential Type 1 Zone Exception 13 (R1-13) (h8) Map 15)
a)
Permitted Uses: A semi-detached dwelling and accessory uses and one home
occupation per dwelling unit shall be the only permitted uses.
b)
Zone Regulations: The lot and building requirements shall be in accordance with the
requirements for the R1 zone, with the following exceptions:
i)
The minimum lot area shall be 325 m2 per dwelling unit.
ii)
The minimum lot frontage shall be 9.0 m per dwelling unit.
iii)
The minimum interior side width shall be 1.5 m.
9.1.14 Residential Type 1 Zone Exception 14 (R1-14) (Map 45)
a)
Zone Regulations: The minimum front yard for the main building shall be 33.2 m.
9.1.15 Residential Type 1 Zone Exception 15 (R1-15) (Map 16)
a)
Permitted Uses: A boat storage facility and one single detached dwelling.
b)
Zone Regulations: Only the existing boat storage facility shall be permitted, an
expansion of the existing boat storage facility or construction of a new boat storage
facility will require relief from this by-law.
9.1.16 Residential Type 1 Zone Exception 16 (R1-16) (Map 45)
a)
Zone Regulations: All lot and building requirements shall be in accordance with the
following exceptions.
i)
The minimum lot area shall be 557.4 m2.
ii)
The minimum lot frontage shall be 15.2 m, except where the lot abuts
County Road 2; the minimum lot frontage shall be 18.2 m.
9.1.17 Residential Type 1 Zone Exception 17 (R1-17) (Map 16)
a)
Permitted Uses: Medical offices shall be an additional permitted use.
b)
Zone Regulations: All lot requirements shall be in accordance with the requirements
for the R1 zone and in accordance with the site plan for this property.
9.1.18 Residential Type 1 Zone Exception 18 (R1-18) (Map 15)
a)
Permitted Uses: A secondary emergency vehicular access shall be the only
permitted use.
b)
Zone Regulations: All lot and building requirements for the permitted emergency
vehicular access shall be in accordance with the corresponding site plan agreement.
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
131
9.1.19 Residential Type 1 Zone Exception 19 (R1-19) (Map 15)
a)
Permitted Uses: A retirement home and accessory uses.
b)
Zone Regulations: All lot and building requirements shall be as follows:
i)
The minimum lot area shall be as existing.
ii)
The minimum lot frontage shall be as existing.
iii)
The maximum lot coverage shall be 45% (includes accessory buildings and
structures).
iv)
The minimum front yard depth shall be as existing.
v)
The minimum rear yard depth shall be 30.0 m.
vi)
The minimum side yard width shall be as existing.
vii) The maximum building height shall be 10.5 m.
viii) Notwithstanding any other provisions of this By-law, on-site parking shall be
provided in the ratio of 1 space per 4 beds, assuming the maximum number
of beds that should be accommodated and under no circumstances should
be fewer than 68 spaces.
9.1.20 Residential Type 1 Zone Exception 20 (R1-20) (h8) (Map 18)
a)
Permitted Uses: An existing automobile repair establishment shall be an additional
permitted use.
b)
Zone Regulations: For the buildings and structures associated with the existing
automobile repair establishment, only existing buildings shall be permitted, an
expansion of an existing building or construction of a new building will require relief
from this by-law. For the uses permitted in the R1 zone, only existing buildings shall
be permitted, an expansion of an existing building or construction of a new building
will require relief from this by-law.
9.1.21 Residential Type 1 Zone Exception 21 (R1-21) (Map 17)
a)
Permitted Uses: A two unit dwelling and accessory uses.
b)
Zone Regulations: All lot and building requirements shall be as follows:
i)
The minimum lot area shall be 555.0 m2.
ii)
The minimum lot frontage shall be 18.0 m.
iii)
The maximum lot coverage shall be 30% (includes accessory buildings and
structures).
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
132
iv)
The minimum front yard depth shall be 7.5 m.
v)
The minimum rear yard depth shall be 10.5 m.
vi)
The minimum side yard width shall be as 3.0 m in the case of an interior or
thorough lot; or, in the case of a corner lot, 6.0 m on the side abutting a
public street and 1.5 m on the other side.
vii) The maximum building height shall be 3 storeys or 10.5 m.
viii) The minimum floor area shall be 70.0 m2 per dwelling unit.
ix)
The maximum density shall be 50 dwelling units per hectare.
9.1.22 Residential Type 1 Zone Exception 22 (R1-22) (Map 17)
a)
Permitted Uses: Single detached dwellings, two-unit dwellings and accessory uses.
b)
Zone Regulations: All lot and building requirements shall be as follows:
i)
The minimum lot area shall be 555.0 m2.
ii)
The minimum lot frontage shall be 18.0 m.
iii)
The maximum lot coverage shall be 30% (includes accessory buildings and
structures).
iv)
The minimum front yard depth shall be 7.5 m.
v)
The minimum rear yard depth shall be 10.5 m.
vi)
The minimum side yard width shall be as 3.0 m in the case of an interior or
thorough lot; or, in the case of a corner lot, 6.0 m on the side abutting a
public street and 1.5 m on the other side.
vii) The maximum building height shall be 3 storeys or 10.5 m.
viii) The minimum floor area shall be 70 m2 per dwelling unit.
ix)
The maximum density shall be 50 dwelling units per hectare.
9.1.23 Residential Type 1 Zone Exception 23 (R1-23) (Map 73)
a)
Permitted Uses: Single detached dwellings and semi-detached dwellings and
accessory uses shall be additional permitted uses.
b)
Zone Regulations: All lot and building requirements shall be in accordance with the
following provisions:
i)
The minimum lot area shall be 560 m2 for single detached dwellings and 370
m2 per unit for two unit dwellings.
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
133
ii)
The minimum lot frontage shall be 18.0 m for single detached dwellings and
9.0 m per unit for two unit dwellings.
iii)
The maximum lot coverage shall be 35% (includes accessory buildings and
structures).
iv)
The minimum front yard shall be 9.0 m.
v)
The minimum rear yard shall be 10.0 m.
vi)
The minimum interior side yard shall be 2.0 m for a single detached dwelling;
where there is an attached garage, no interior side yard shall be required for
a semi-detached dwelling on the side divided by the common wall on the lot
line and 2.0 m on the other side.
vii) The maximum height of buildings and structures shall be 10.0 m.
9.1.24 Residential Type 1 Zone Exception 24 (R1-24) (Map 19)
a)
Permitted Uses: Shall include single detached dwellings, one home occupation per
dwelling unit and uses accessory to the foregoing uses. One accessory building may
be permitted where there is no main building existing on the lot.
b)
Zone Regulations: The minimum exterior side yard shall be 1.5 m.
9.1.25 Residential Type 1 Zone Exception 25 (R1-25) (Map 73)
a)
Permitted Uses: Two residential dwelling units on one lot shall be an additional
permitted use.
9.1.26 Residential Type 1 Zone Exception 26 (R1-26) (Map 64)
a)
Permitted Uses: A semi-detached dwelling and accessory uses.
b)
Zone Regulations: All lot and building requirements for the existing buildings and
structures shall be in accordance with the following:
i)
The minimum lot area shall be 490 m2 per dwelling unit.
ii)
The minimum lot frontage shall be 8.5 m per dwelling unit.
iii)
The minimum front yard shall be 12.8 m.
iv)
The minimum rear yard shall be 15.0 m.
v)
The minimum side yard shall be 3.0 m, except that no side yard shall be
required for a semi-detached dwelling between the common vertical wall
dividing one dwelling unit from the adjoining dwelling unit.
vi)
The minimum floor area shall be 70.0 m2 per dwelling unit.
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
134
9.1.27 Residential Type 1 Zone Exception 27 (R1-27) (Map 73 and 75)
a)
Permitted Uses: An existing building consisting of an eating establishment and bake
shop and two dwelling units to the rear in the first storey and a third dwelling unit
above in the second storey shall be the only uses permitted.
b)
Zone Regulations: Only existing buildings shall be permitted, an expansion of an
existing building or construction of a new building will require relief from this by-law.
9.1.28 Residential Type 1 Zone Exception 28 (R1-28) (Map 64)
a)
Zone Regulations: The minimum front yard setback shall be 9.0 m and the minimum
eastern side yard requirement for the eastern side yard shall be 3.5 m.
9.1.29 Residential Type 1 Zone Exception 29 (R1-29) (Map 10)
a)
Zone Regulations: The southerly side yard requirement for an existing accessory
building shall be as it legally existed on the date of the passing of this By-law.
9.1.30 Residential Type 1 Zone Exception 30 (R1-30) (Map 16)
a)
Permitted Uses: Shall include only a semi-detached dwelling, one home occupation
per dwelling unit and accessory uses.
b)
Zone Regulations: All lot and building requirements shall be in accordance with the
regulations for the R1 zone.
9.1.31 Residential Type 1 Zone Exception 31 (R1-31) (Map 1 and 4)
a)
Permitted Uses: Shall include only single unit attached dwellings and accessory
uses.
b)
Zone Regulations: All lot and building requirements for lands zoned R1-31 shall be in
accordance with the following:
i)
The minimum lot area shall be 220 m2.
ii)
The minimum lot frontage shall be 7.0 m for interior units, 8.8 m for exterior
units and 11.8 m for exterior units on corner lots.
iii)
The maximum lot coverage shall be 50% for interior units and 40% for
exterior units (includes accessory buildings and structures).
iv)
The minimum landscaped open space shall be 35%.
v)
The minimum front yard shall be 6.0 m.
vi)
The minimum rear yard shall be 7.5 m.
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
135
vii) The minimum interior side yard shall be 1.5 m, except where there is a
common wall, there shall be no requirement.
viii) The minimum exterior side yard shall be 4.5 m.
ix)
The maximum building height shall be 10.0 m.
x)
Maximum gross density shall be 20 units per hectare.
c)
The development of the lands zoned R1-31 shall be subject to site plan control and is
required to be in accordance with the corresponding site plan agreement.
9.1.32 Residential Type 1 Zone Exception 32 (R1-32) (h12) (Map 74)
a)
Permitted Uses: For lands zoned R1-32(h12), permitted uses shall be existing uses
only. For lands zoned R1-32, the permitted uses shall be in accordance with the R1
zone.
b)
Zone Regulations: For lands zoned R1-32(h12), only existing buildings shall be
permitted, an expansion of an existing building or construction of a new building will
require relief from this by-law. For lands zoned R1-32, the lot and building
requirements shall be in accordance with the following provisions:
i)
The minimum lot frontage shall be 13.2 m.
ii)
The minimum exterior side yard shall be 4.0 m.
iii)
All other requirements for the R1 zone shall apply.
9.1.33 Residential Type 1 Zone Exception 33 (R1-33) (Map 64)
a)
Permitted Uses: A duplex dwelling. Only existing buildings and structures shall be
permitted.
9.1.34 Residential Type 1 Zone Exception 34 (R1-34) (h2) (Map16)
a) Permitted Uses: A Day Care Centre as defined in Section 4 (Definitions) (61) with a
maximum licensed capacity of 85 children shall be an additional permitted use. Any
increase (i.e. number of children) in the licensed capacity for the Day Care Centre
will require an amendment to this By-law.
b) Zone Regulations: An expansion of an existing building or construction of a new
building will require an amendment to this By-law. All lot and building requirements for
the uses permitted in the R1 zone shall be in accordance with the requirements of this
By-law.
9.1.35 Residential Type 1 Zone Exception 35 (R1-35) (Map 18)
a) Zone Regulations: The minimum front yard setback shall be 6 metres.
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
136
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
137
9.2
Residential Type 2 (R2) Zone Exceptions
Notwithstanding any other provisions of this By-law, the special regulations contained in this
Section shall apply to the area or areas defined below and as shown on Schedule A:
9.2.1
Residential Type 2 Zone Exception 1 (R2-1) (Map 33)
a)
Permitted Uses: A multiple dwelling with a maximum of 4 dwelling units and
accessory uses shall be additional permitted uses.
b)
Zone Regulations: Only existing buildings shall be permitted, an expansion of an
existing building or construction of a new building will require relief from this by-law.
All lot and building requirements for the uses permitted in the R2 zone shall be in
accordance with the requirements for the R2 zone.
9.2.2
Residential Type 2 Zone Exception 2 (R2-2) (Map 33)
a)
Permitted Uses: A motel and accessory uses including one dwelling unit.
b)
Zone Regulations: All lot and building requirements shall be in accordance with the
following:
i)
The minimum lot area shall be 1,300.0 m2.
ii)
The minimum lot frontage shall be 21.0 m.
iii)
The maximum lot coverage shall be 33% (includes accessory buildings and
structures).
iv)
The minimum front yard shall be 7.5 m.
v)
The minimum side yard shall be 0.76 m.
vi)
The minimum rear yard shall be 0.76 m.
vii) The maximum height of buildings and structures shall be 10.5 m.
9.2.3
Residential Type 2 Zone Exception 3 (R2-3) (Map 33)
a)
Zone Regulations: Minimum lot area shall be 300.0 m2 per unit.
9.2.4
Residential Type 2 Zone Exception 4 (R2-4) (Map 17)
a)
Permitted Uses: Permitted uses shall include only one two-unit dwelling per lot, one
semi-detached dwelling per lot, one home occupation per dwelling unit, and
accessory uses.
b)
Zone Regulations: All lot and building requirements shall be as follows:
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
138
i)
The minimum lot area shall be 600 m2 for two unit dwellings and 290 m2
for single unit attached dwellings including both two unit dwellings and
semi-detached dwellings.
ii)
The minimum lot frontage shall be 18.0 m for two unit dwellings and 8.5 m
for semi-detached dwellings.
iii)
The maximum lot coverage shall be 35% (includes accessory buildings
and structures).
iv)
The minimum landscaped open space shall be 45%.
v)
The maximum building height shall be 10.5 m.
vi)
The minimum front yard shall be 6.0 m.
vii)
The minimum interior side yard shall be 1.5 m or 3.0 m where there is no
attached garage.
viii)
The minimum rear yard shall be 7.5 m.
9.2.5
Residential Type 2 Zone Exception 5 (R2-5) (Map 33)
a)
Permitted Uses: A multiple dwelling with a maximum of four (4) dwelling units and
accessory uses shall be additional permitted uses.
b)
Zone Regulations: All lot and building requirements shall be in accordance with the
requirements for the R2 zone, save and except the minimum lot area requirement
which shall not apply.
9.2.6
Residential Type 2 Zone Exception 6 (R2-6) (Map 34)
a)
Permitted Uses: Shall include a retirement home, one accessory dwelling and
accessory uses.
b)
Zone Regulations: All lot and building requirements shall be in accordance with the
following:
i)
The minimum lot area shall be 0.2 hectares.
ii)
The minimum lot frontage shall be 34.0 m.
iii)
The maximum lot coverage shall be 25% (includes accessory buildings and
structures).
iv)
Yard and setback requirements shall be in accordance with the requirements
for the R2 zone.
v)
The maximum height of buildings and structures shall be as they legally
existed on the date of the passing of this By-law. This means that only
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
139
existing buildings shall be permitted, and any expansion of an existing
building or construction of a new building resulting in a greater height will
require relief from this by-law
9.2.7
Residential Type 2 Zone Exception 7 (R2-7) (h4) (Map 18)
a)
Permitted Uses: One single detached dwelling per lot, one two unit dwelling per lot,
one semi-detached dwelling per lot, one home occupation per dwelling unit and uses
accessory to the foregoing uses.
b)
Zone Regulations: For lands zoned R2-7(h4) only existing buildings shall be
permitted, an expansion of an existing building or construction of a new building will
require relief from this by-law. All lot and building requirements for lands zoned R2-7
shall be in accordance with the following:
i)
The minimum lot area shall be 464.0 m2 for single detached dwellings, 557.0
m2 for two unit dwellings and 269.0 m2 for semi-detached dwellings.
ii)
The minimum lot frontage shall be 15.0 m for single detached dwellings, 18.0
m for two unit dwellings and 8.8 m for semi-detached dwellings, except
where a semi-detached dwelling is on a corner lot, the minimum lot frontage
shall be 11.8 m.
iii)
The maximum lot coverage (including accessory buildings and structures)
shall be 35% for single detached dwellings, 35% for two unit dwellings and
40% for semi-detached dwellings.
iv)
Minimum landscaped open space shall be 50% for single detached
dwellings, 45% for two unit dwellings and 35% for semi-detached dwellings.
v)
The maximum building height shall be 10.6 m.
vi)
The minimum front yard shall be 7.5 m.
vii) The minimum interior side yard for single detached dwellings and two unit
dwellings shall be 1.5 m, except where there is no attached garage, the
minimum interior side yard shall be 3 m on one side and 1.5 m on the other
side. For semi-detached dwellings, the minimum interior side yard shall be
1.5 m.
viii) The minimum exterior side yard shall be 4.5 m.
ix)
The minimum rear yard shall be 7.6 m.
9.2.8
Residential Type 2 Zone Exception 8 (R2-8) (Map 33)
a)
Permitted Uses: A three (3) unit multiple dwelling and accessory uses shall be
additional permitted uses.
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
140
b)
Zone Regulations: All lot and building requirements shall be in accordance with the
following:
i)
The minimum lot area shall be 580.0 m2;
ii)
The minimum lot frontage shall be 18.0 m;
iii)
The maximum lot coverage shall be 33% (includes accessory buildings and
structures);
iv)
The minimum front yard shall be 5.3 m;
v)
The minimum Interior side yard shall be 1.5 m;
vi)
The minimum exterior side yard shall be 1.2 m;
vii) The minimum rear yard shall be 12.1 m;
viii) The maximum building height shall be 7.5 m; and
ix)
A minimum of 5 off-street parking spaces shall be provided.
9.2.9
Residential Type 2 Zone Exception 9 (R2-9) (Map 33)
a)
Permitted Uses: Permitted uses shall include semi-detached dwellings, one home
occupation per dwelling in accordance with the requirements of this By-law and
accessory uses.
b)
Zone Regulations: All lot and building requirements shall be in accordance with the
following:
i)
The minimum lot area shall be 410 m2.
ii)
The minimum lot frontage shall be 9.1 m per dwelling unit.
iii)
The minimum front yard shall be 6.0 m.
iv)
The minimum rear yard shall be 22.8 m.
v)
The minimum interior side yard shall be 1.5 m where a private garage or
carport is attached to the semi-detached dwelling, or 3.0 m where there is no
attached garage or carport.
vi)
The minimum exterior side yard shall be 4.5 m.
vii) The maximum building height shall be 10.5 m.
viii) No side yard shall be required between the common vertical wall dividing
one semi-detached dwelling unit from the adjoining dwelling unit.
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
141
ix)
Section 6.50, pertaining to separation of dwellings from railways, shall not
apply.
9.2.10 Residential Type 2 Zone Exception 10 (R2-10) (Map 33)
a)
Permitted Uses: Shall include one triplex dwelling or one semi-detached dwelling or
one single detached dwelling and accessory uses.
b)
Zone Regulations: All lot and building requirements for the permitted buildings and
structures shall be in accordance with the following:
i)
The minimum lot area shall be 250.0 m2.
ii)
The minimum lot frontage shall be 7.0 m.
iii)
The maximum lot coverage shall be 50% (includes accessory buildings and
structures).
iv)
The minimum front yard shall be 7.6 m.
v)
The minimum rear yard shall be 4.5 m.
vi)
The minimum interior side yard shall be 1.5 m.
vii) The minimum exterior side yard shall be 4.5 m.
9.2.11 Residential Type 2 Zone Exception 11 (R2-11) (Map 34)
a)
Permitted Uses: Shall include single unit attached dwellings (townhouses), semi-
detached dwellings, triplex dwellings, and accessory uses.
b)
Zone Regulations: All lot and building requirements shall be in accordance with the
following:
i)
The minimum lot area shall be 464 m2 for single detached dwellings, 269
m2 for semi-detached dwellings and 223 m2 for triplex dwellings and
townhouse dwellings.
ii)
The minimum lot frontage shall be 15.24 m for single detached dwellings;
8.84 m for semi-detached dwellings; 11.88 m for semi-detached dwellings
on corner lots; 7.30 m for interior triplex and townhouse dwellings; 8.84 m
for exterior triplex and single unit attached dwellings; and 11.88 m for
exterior triplex and townhouse dwellings on corner lots.
iii)
The maximum lot coverage (includes accessory buildings and structures)
shall be 35% for single detached dwellings, 45% for semi-detached
dwellings, 50% for interior triplex and single unit attached dwellings and
45% for exterior triplex and townhouse dwellings.
9.0 ZONE EXCEPTIONS
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Council Adopted | January 10, 2012
Modified | December 2, 2019
142
iv)
The minimum landscaped open space shall be 50% for single detached
dwellings and 35% for semi-detached, triplex and townhouse dwellings.
v)
The maximum building height shall be 10.67 m.
vi)
The minimum front yard shall be 6.09 m.
vii)
The minimum interior side yard shall be 1.5 m, except where there is no
garage attached to a single detached dwelling, 3.0 m on one side and 1.5
m on the other side shall be required. Where two dwelling units share a
common wall, the interior side yard shall be 0.0 m.
viii)
The minimum exterior side yard shall be 4.57 m.
ix)
The minimum rear yard shall be 7.6 m.
c)
The development of the lands shall be subject to site plan control and is required to
be in accordance with the corresponding site plan agreement.
9.2.12 Residential Type 2 Zone Exception 12 (R2-12) (Map 33)
a)
Permitted Uses:
A multiple dwelling with a maximum of five (5) dwelling units and accessory uses
shall be additional permitted uses.
b)
Zone Regulations:
i)
Notwithstanding Section 6.41.1, Parking Requirements, the minimum number of
required parking spaces shall be six (6) parking spaces for a multiple dwelling
with a maximum of (5) dwelling units.
ii)
Notwithstanding Section 6.41.4 d), Driveway Regulations, a maximum of two (2)
driveways shall be permitted and Section 6.41.4 e) which shall not apply.
iii) All lot and building requirements shall be in accordance with the requirements of
the R2 zone, save and except the minimum lot area requirements which shall
not apply.
9.2.13 Residential Type 2 Zone Exception 13 (R2-13) (Map 3)
a)
Permitted Uses: Shall include single detached dwellings, two unit dwellings, single
unit attached dwellings, and accessory uses.
b)
Zone Regulations: All lot and building requirements shall be in accordance with the
following:
i)
The minimum lot area shall be 490 m2 for single detached dwellings, 270
m2 for two unit dwellings and 235 m2 for single unit attached dwellings.
9.0 ZONE EXCEPTIONS
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Council Adopted | January 10, 2012
Modified | December 2, 2019
143
ii)
The minimum lot frontage shall be 15.0 m for single detached dwellings,
8.2 m for two unit dwellings, 7.0 m for interior single unit attached
dwellings and 8.2 m for exterior single unit attached dwellings.
iii)
The maximum lot coverage (including accessory buildings and structures)
shall be 35% for single detached dwellings, 40% for two unit dwellings,
45% for interior single unit attached dwellings, and 40% for exterior single
unit attached dwellings.
iv)
The maximum building height shall be 10.5 m.
v)
The minimum front yard shall be 6.0 m.
vi)
The minimum interior side yard shall be 1.5 m.
vii)
The minimum exterior side yard shall be 4.5 m.
viii)
The minimum rear yard shall be 7.5 m.
ix)
The minimum landscaped open space shall be 30%.
9.2.14 Residential Type 2 Zone Exception 14 (R2-14) (Maps 3 and 4)
a)
Zone Regulations: All lot and building requirements shall be in accordance with the
following:
i)
The minimum lot area shall be 490 m2 for single detached dwellings.
ii)
The minimum lot frontage shall be 15.0 m for single detached dwellings.
iii)
The maximum lot coverage (including accessory buildings and structures)
shall be 35% for single detached dwellings.
iv)
The maximum building height shall be 10.5 m.
v)
The minimum front yard shall be 6.0 m.
vi)
The minimum interior side yard shall be 1.5 m.
vii)
The minimum exterior side yard shall be 4.5 m.
viii)
The minimum rear yard shall be 7.5 m.
ix)
The minimum landscaped open space shall be 30%.
9.2.15 Residential Type 2 Zone Exception 15 (R2-15) (Map 15)
a)
Permitted Uses: Permitted uses shall include one single detached dwelling per lot,
one single unit attached dwelling per lot, only one home occupation per dwelling unit,
and uses accessory to the foregoing uses.
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
144
b)
Zone Regulations: All lot and building requirements shall be as follows:
i)
The minimum lot area shall be 464.0 m2 for single detached dwellings,
200.0 m2 for internal single unit attached dwellings and 290.0 m2 for
external single unit attached dwellings.
ii)
The minimum lot frontage shall be 15.0 m for single detached dwellings,
except that any lot that abuts property that fronts on East Puce River
Road shall have a minimum frontage of 18.0 m; 7.0 m for internal single
unit attached dwellings; 10.0 m for external single unit attached dwellings;
and 11.5 m for external single unit attached dwellings on corner lots.
iii)
The minimum lot coverage (includes accessory buildings and structures)
shall be 35% for single detached dwellings, 50% for internal single unit
attached dwellings, and 35% for external single unit attached dwellings.
iv)
The minimum landscaped open space shall be 50% for single detached
dwellings and 35% for single unit attached dwellings.
v)
The maximum building height shall be 10.5 m.
vi)
The minimum front yard shall be 6.0 m.
vii)
For single detached dwellings, minimum interior side yard shall be 1.5 m,
or where there is no attached garage, 3.0 m on one side and 1.5 m on the
other side. For two unit dwellings, the minimum interior side yard shall be
1.5 m. For attached dwellings with more than two units, 3.0 m shall be the
minimum interior side yard.
viii)
The minimum exterior side yard shall be 4.5 m.
ix)
The minimum rear yard shall be 7.5 m.
x)
A maximum of 322 dwelling units shall be permitted within the subdivision
located on lands zoned R2-15.
9.2.16 Residential Type 2 Zone Exception 16 (R2-16)(h4) (Map 19)
a)
Permitted Uses: On lands zoned R2-16(h4), permitted uses shall include existing
uses only. On lands zoned R2-16, permitted uses shall include one single detached
dwelling per lot, one two unit dwelling per lot, one semi-detached dwelling per lot,
one single unit attached dwelling per lot, multi unit dwellings excluding apartment-
style buildings greater than three storeys in height, one home occupation per
dwelling unit and uses accessory to the foregoing uses.
b)
Zone Regulations: For lands zoned R2-16(h4), only existing buildings shall be
permitted, an expansion of an existing building or construction of a new building will
9.0 ZONE EXCEPTIONS
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Council Adopted | January 10, 2012
Modified | December 2, 2019
145
require relief from this by-law. All lot and building requirements for lands zoned R2-
16 shall be in accordance with the following:
i)
The minimum lot area shall be 464.0 m2 for single detached dwellings;
557.0 m2 for two unit dwellings; 269.0 m2 for semi-detached dwellings;
223.0 m2 for single unit attached dwellings; and 854.0 m2 for multi unit
dwellings.
ii)
The minimum lot frontage shall be 15.0 m for single detached dwellings;
18.0 m for two unit dwellings; 8.8 m for semi-detached dwellings or 11.8 m
where a semi-detached dwelling is on a corner lot; 7.0 m for interior single
attached dwellings; 8.8 m for exterior single unit attached dwellings; 11.8
m for exterior single attached dwellings on corner lots; and 28 m for multi
unit dwellings.
iii)
The maximum lot coverage shall be 35% for single detached, two unit
dwellings and multi unit dwellings; 40% for semi-detached dwellings; 50%
for interior single unit attached dwellings; and 40% for exterior single
attached dwellings (includes accessory buildings and structures).
iv)
The minimum landscaped open space shall be 50% for single unit
attached dwellings, 45% for two unit dwellings and multi dwellings, and
35% for semi-detached and single unit attached dwellings.
v)
The maximum building height shall be 10.6 m.
vi)
The minimum front yard setback shall be 7.5 m.
vii)
For single detached and two unit dwellings, the interior side yard shall be
1.5 m, or where there is no attached garage, 3.0 m on one side and 1.5 m
on the other side.
viii)
For semi-detached and single unit attached dwellings, the minimum
interior side yard shall be 1.5 m.
ix)
The minimum interior side yard shall be 3.0 m for multi unit dwellings.
x)
The minimum exterior side yard shall be 4.6 m.
xi)
The minimum rear yard shall be 10.5 m.
9.2.17 Residential Type 2 Zone Exception 17 (R2-17) (Map 34)
a)
Permitted Uses: Townhouse dwellings and accessory uses.
b)
Zone Regulations: All lot and building requirements for the permitted buildings and
structures shall be as follows:
i)
The minimum lot area shall be 240.0 m2 per dwelling unit.
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
146
ii)
The minimum lot frontage shall be 6.5 m per dwelling unit.
iii)
The maximum lot coverage shall be 35% (includes accessory buildings and
structures).
iv)
The minimum landscaped open space shall be 30%.
v)
The minimum front yard shall be 5.4 m.
vi)
The minimum rear yard shall be 7.6 m.
vii) The minimum side yard shall be 1.5 m.
viii) No side yard shall be required between the common vertical wall dividing
one townhouse dwelling from the adjoining dwelling unit.
9.2.18 Residential Type 2 Zone Exception 18 (R2-18) (Map 34)
a)
Permitted Uses: No more than 6 townhouse dwelling units and accessory uses.
b)
Zone Regulations: All lot and building requirements for the permitted buildings and
structures shall be as follows:
i)
The minimum lot area shall be 280.0 m2 per dwelling unit.
ii)
The minimum lot frontage shall be 6.5 m per dwelling unit.
iii)
The minimum front yard shall be 6.0 m.
iv)
The minimum rear yard shall be 10.0 m.
v)
The minimum side yard shall be 1.5 m.
vi)
The maximum lot coverage shall be 40% (includes accessory buildings and
structures).
9.2.19 Residential Type 2 Zone Exception 19 (R2-19) (Map 15)
a)
Permitted Uses: One single detached dwelling per lot, one single unit attached
dwelling per lot, one home occupation per dwelling unit and uses accessory to the
foregoing uses.
b)
Zone Regulations: All lot and building requirements shall be as follows:
i)
The minimum lot area shall be 464 m2 for single detached dwellings, 200
m2 for internal single unit attached dwellings and 290 m2 for external
single unit attached dwellings.
ii)
The minimum lot frontage shall be 15.0 m for single detached dwellings,
except that any lot that abuts property that fronts on East Puce River
Road shall have a minimum frontage of 17.3 m; 7.0 m for internal single
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
147
unit attached dwellings; 10.0 m for external single unit attached dwellings;
and 11.5 m for external single unit attached dwellings on corner lots.
iii)
The minimum lot coverage (includes accessory buildings and structures)
shall be 35% for single detached dwellings, 50% for internal single unit
attached dwellings, and 35% for external single unit attached dwellings.
iv)
The minimum landscaped open space shall be 50% for single detached
dwellings and 35% for single unit attached dwellings.
v)
The maximum building height shall be 10.5 m.
vi)
The minimum front yard shall be 6.0 m.
vii)
For single detached dwellings, minimum interior side yard shall be 1.5 m,
or where there is no attached garage, 3.0 m on one side and 1.5 m on the
other side. For single unit attached dwellings with two units, the minimum
interior side yard shall be 1.5 m. For single unit attached dwellings with
more than two units, 3.0 m shall be the minimum interior side yard.
viii)
The minimum exterior side yard shall be 4.5 m.
ix)
The minimum rear yard shall be 7.5 m.
9.2.20 Residential Type 2 Zone Exception 20 (R2-20) (Map 33)
a)
Permitted Uses: One single detached dwelling or semi-detached dwelling, group
home and home occupation shall be the only permitted uses. A double duplex
dwelling shall be an additional permitted use.
b)
Zone Regulations: All lot and building requirements shall be as follows:
i)
Notwithstanding Section 8.1 of this By-law to the contrary, the Maximum
Lot Coverage (including accessory buildings) shall be 36% (single
detached dwelling).
c)
Zone Regulations: All lot and building requirements for a double duplex dwelling
shall be as follows:
i)
The minimum lot area shall be 600 m².
ii)
The minimum lot frontage shall be 20 m.
iii)
The maximum lot coverage shall be 40%.
iv)
The minimum landscape open space shall be 30%.
v)
The minimum front yard setback shall be 6 m.
vi)
The minimum rear yard setback shall be 7.5 m.
vii)
The minimum interior side yard setback shall be 1.5 m.
viii)
The maximum height of buildings and structures shall be 10.5 m.
ix)
Total of 6 parking spaces required.
x)
Section 6.41.4 f) i), Driveway Regulations, does not apply.
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
148
9.2.21 Residential Type 2 Zone Exception 21 (R2-21) (Map 33)
a) Permitted Uses: One single detached dwelling or semi-detached dwelling, group
home and home occupation shall be the only permitted uses.
9.2.22 Residential Type 2 Zone Exception 22 (R2-22) (Map 18)
a) Permitted Uses: Single detached dwelling, semi-detached dwelling, townhouse
dwelling, group home dwelling and home occupation.
b) Zone Regulations: All lot and building requirements for the permitted buildings and
structures shall be as follows:
i.
The minimum lot area shall be 500 m² (single detached dwelling), 266 m² (semi-
detached dwelling) and 223 m² (townhouse dwelling).
ii.
The minimum lot frontage shall be 15 m (single detached dwelling), 9 m, except
on a corner lot where is shall be 12 m (semidetached dwelling), 8 m for interior
units, 9.5 m for exterior units and 12.5 m for exterior units on a corner lot
(townhouse dwelling).
iii.
The maximum lot coverage (including accessory buildings) shall be 50%.
iv.
The minimum landscape open space shall be 30%.
v.
The minimum setback (main building) Front Yard shall be 6 m.
vi.
The minimum setback (main building) Rear Yard shall be 7.5 m.
vii.
The minimum setback (main building) Interior Side Yard 1.5 m (where a private
garage is attached or detached from the main building) or 3 m on one side and
1.5 on the other side (where no private garage is attached or detached from the
main building) or 0 m where two dwellings share a common wall.
viii.
The minimum setback (main building) Exterior Side Yard shall be 4.5 m.
ix.
The maximum height of buildings shall be 10.5 m.
x.
The minimum front yard landscaping requirement shall be a minimum of 39% of
the front yard shall be maintained as landscaping.
xi.
All other provisions of By-law 2-2012, as amended, apply to the permitted uses in
a).
9.2.23 Residential Type 2 Zone Exception 23 (R2-23) (Map 1)
a) Permitted Uses: Townhouse dwellings, accessory uses, buildings and structures and
home occupation.
b) Zone Regulations: All lot and building requirements for the permitted use shall be in
accordance with the R2 zone.
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
149
9.2.24 Residential Type 2 Zone Exception 24 (R2-24) (Map 19)
a) Permitted Uses: Uses permitted within the R1, Residential - Low Density zone and a
Dwelling, Stacked shall be an additional permitted use.
b) Zone Regulations: All lot and building requirements for the permitted use shall be in
accordance with the R1 zone.
9.2.25 Residential Type 2 Zone Exception 25 (R2-25) (Map 1)
a) Permitted Uses: Semi-detached dwelling, townhouse dwelling, group home dwelling
and home occupation.
b) Zone Regulations: All lot and building requirements for the permitted buildings and
structures shall be as follows:
i.
The minimum lot area shall be 475 m2 (semi-detached dwelling) and 340 m2
(townhouse dwelling).
ii.
The minimum lot frontage shall be 9 m, except on a corner lot where it shall be
12 m (semi-detached dwelling), 9 m for interior units,12 m for exterior units
and 12.5 m for exterior units on a corner lot (townhouse dwelling).
iii.
The maximum lot coverage (including accessory buildings) shall be 52% for
semi-detached dwelling, 56% for interior townhouse dwelling and 50% for
exterior townhouse dwelling.
iv.
The minimum landscape open space shall be 30%.
v.
The minimum setback (main building) Front Yard shall be 6 m.
vi.
The minimum setback (main building) Rear Yard shall be 7.25 m.
vii.
The minimum setback (main building) Interior Side Yard 1.5 m (where a
private garage is attached or detached from the main building) or 3 m on one
side and 1.5 on the other side (where no private garage is attached or
detached from the main building) or 0 m where two dwellings share a common
wall.
viii.
The minimum setback (main building) Exterior Side Yard shall be 4.5 m.
ix.
The maximum height of buildings shall be 10.5 m.
x.
The minimum front yard landscaping requirement shall be a minimum of 35 %
of the front yard shall be maintained as landscaping.
xi.
All other provisions of By-law No. 2-2012, as amended, apply to the permitted
uses in a).
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
150
9.3
Residential Type 3 (R3) Zone Exceptions
Notwithstanding any other provisions of this By-law, the special regulations contained in this
Section shall apply to the area or areas defined below and as shown on Schedule A:
[none at this time]
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
151
9.4
Residential Mobile Home Park (RM) Zone Exceptions
Notwithstanding any other provisions of this By-law, the special regulations contained in this
Section shall apply to the area or areas defined below and as shown on Schedule A:
[none at this time]
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
152
9.5
Residential Waterfront - Watercourse (RW1) Zone Exceptions
Notwithstanding any other provisions of this By-law, the special regulations contained in this
Section shall apply to the area or areas defined below and as shown on Schedule A:
9.5.1
Residential Waterfront - Watercourse Zone Exception 1 (RW1-1) (Map 14)
a)
Zone Regulations: All lot and building requirements shall be in accordance with the
following:
i)
The minimum lot frontage shall be 16.98 m;
ii)
The minimum front yard setback for the main building shall be 60.96 m;
iii)
The minimum rear yard setback for the main building shall be in
accordance with the map below, as established by the Essex Region
Conservation Authority:
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
153
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
154
9.5.2
Residential Waterfront - Watercourse Zone Exception 2 (RW1-2) (Map 15)
a)
Permitted Uses: Permitted uses shall be limited to the existing single detached
dwellings, existing accessory buildings and structures, one home occupation per
dwelling and the existing bait sales and boat rental and storage operation.
b)
Zone Regulations: Only existing buildings shall be permitted, an expansion of an
existing building or construction of a new building will require relief from this by-law.
9.5.3
Residential Waterfront - Watercourse Zone Exception 3 (RW1-3) (Map 18)
a)
Permitted Uses: An existing contractor's yard, a single detached dwelling, and
accessory uses.
b)
Zone Regulations: For the contractor's yard, only existing buildings shall be
permitted, an expansion of an existing building or construction of a new building will
require relief from this by-law. All lot and building requirements for the other
permitted uses shall be in accordance with the requirements for the RW1 zone.
9.5.4
Residential Waterfront - Watercourse Zone Exception 4 (RW1-4) (Map 34)
a)
Permitted Uses: A communication tower and accessory uses shall be additional
permitted uses.
b)
Zone Regulations: All lot and building requirements shall be in accordance with the
requirements for the RW1 zone, except that there shall be no height regulation for
the communication tower and the tower anchors shall not be located closer than 0.5
m to any lot line.
9.5.5
Residential Waterfront - Watercourse Zone Exception 5 (RW1-5) (Map 37)
a)
Permitted Uses: A service club shall be the only permitted use.
b)
Zone Regulations: Only existing buildings shall be permitted, an expansion of an
existing building or construction of a new building will require relief from this by-law.
9.5.6
Residential Waterfront - Watercourse Zone Exception 6 (RW1-6) (Map 39)
a)
Permitted Uses: An accessory non-habitable building not to exceed 70.0 m2 in total
floor area shall be an additional permitted use.
b)
Zone Regulations: All lot and building requirements for the accessory non-habitable
building shall be in accordance with the following:
i)
The minimum front yard shall be 7.5 m.
ii)
The minimum side yard shall be 2.0 m.
9.0 ZONE EXCEPTIONS
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Council Adopted | January 10, 2012
Modified | December 2, 2019
155
iii)
The minimum setback distance from any watercourse shall be 4.0 m from
the top of bank.
iv)
The maximum height shall be 5.0 m.
c)
All other lot and building requirements shall be in accordance with the requirements
for the RW1 zone.
9.5.7
Residential Waterfront - Watercourse Zone Exception 7 (RW1-7) (Map 12)
a)
Permitted Uses: All uses permitted in the RW1 zone and the parking of (2)
commercial vehicles within an enclosed private garage. Such commercial vehicles
shall not be used in connection with any business or other use on the premises
which is prohibited by this By-law.
b)
Zone Regulations: All lot and building requirements shall be in accordance with the
RW1 zone, except that a private garage housing two (2) commercial vehicles must
be setback a minimum of 228.6 m from the front lot line.
9.5.8
Residential Waterfront - Watercourse Zone Exception 8 (RW1-8) (Map 35)
a)
Permitted Uses: A small engine repair shop shall be an additional permitted use.
Small engine repair shall include the repair of lawn and garden equipment, snow
removal equipment, small personal recreational equipment and other similar type
equipment. The retail sale of new and used small engine equipment, parts, and
accessories, in conjunction with, and as accessory to, an existing home occupation
(small engine repair) is an additional permitted use on lands zoned RW1-8.
b)
Zone Regulations: On lands zoned RW1-8, an outdoor display and sales area is
permitted and shall be limited to a maximum contiguous area of 83.6 m2 and shall be
located abutting the southerly wall of the existing building in which the existing home
occupation is carried out, and shall not extend beyond the limits of the easterly or
westerly walls of the said building. For the purposes of this By-law, the outdoor
display and sales area shall be limited to the display and sales of new and used
small engine equipment, parts and accessories, as outlined in Subsection (a).
Section 6.27 shall apply to the small engine repair shop as if it were a home
occupation.
c)
Parking: The size, number and locations of parking spaces shall be as they existed
on the date of the passing of this By-law.
9.5.9
Residential Waterfront - Watercourse Zone Exception 9 (RW1-9) (Map 36)
a)
Permitted Uses: The keeping of not more than four horses for non-commercial
purposes, including one horse barn with a capacity of not more than four houses,
shall be an additional permitted use.
9.0 ZONE EXCEPTIONS
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Council Adopted | January 10, 2012
Modified | December 2, 2019
156
b)
Zone Regulations: The horse barn shall be in accordance with Minimum Distance
Separation Formulae contained within Provincial Policy.
c)
All areas associated with the keeping of horses on lands zoned RW1-9 shall be
adequately fenced.
9.5.10 Residential Waterfront - Watercourse Zone Exception 10 (RW1-10) (Map 4)
a)
Permitted Uses: Shall include only single unit attached dwellings and accessory
uses.
b)
Zone Regulations: All lot and building requirements for lands zoned RW1-10 shall be
in accordance with the following:
i)
The minimum lot area shall be 220 m2.
ii)
The minimum lot frontage shall be 7.0 m for interior units, 8.8 m for exterior
units and 11.8 m for exterior units on corner lots.
iii)
The maximum lot coverage shall be 50% for interior units and 40% for
exterior units.
iv)
The minimum landscaped open space shall be 35%.
v)
The minimum front yard shall be 6.0 m.
vi)
The minimum rear yard shall be 7.5 m.
vii) The minimum interior side yard shall be 1.5 m.
viii) The minimum exterior side yard shall be 4.5 m.
ix)
The maximum building height shall be 10.5 m.
x)
Maximum gross density shall be 20 units per hectare.
c)
The development of the lands zoned RW1-10 shall be subject to site plan control and
is required to be in accordance with the corresponding site plan agreement
9.5.11 Residential Waterfront - Watercourse Zone Exception 11 (RW1-11) (Map 1)
a)
Permitted Uses: Shall include only a multi unit dwelling with not more than five
dwelling units and accessory uses.
b)
Zone Regulations: All lot and building requirements for lands zoned RW1-11 shall be
in accordance with the following:
i)
The minimum lot area shall be as existing.
ii)
The minimum lot frontage shall be as existing.
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
157
iii)
The maximum lot coverage shall be 35% (includes accessory buildings and
structures).
iv)
The minimum front yard depth shall be 7.5 m.
v)
The minimum rear yard depth shall be 1.5 m.
vi)
The minimum side yard width shall be 7.5 m.
vii) The maximum building height shall be 10.5 m.
c)
The development of the lands zoned RW1-11 shall be subject to site plan control and
is required to be in accordance with the corresponding site plan agreement.
9.5.12 Residential Waterfront - Watercourse Zone Exception 12 (RW1-12) (Map 4)
a)
Permitted Uses: Shall include an existing landscaping contractor's yard and one
single unit dwelling, and accessory uses.
b)
Zone Regulations: For the landscaping contractor's yard, only existing buildings shall
be permitted, an expansion of an existing building or construction of a new building
will require relief from this by-law. All lot and building requirements for the other
permitted uses shall be in accordance with the requirements for the RW1 zone.
9.5.13 Residential Waterfront - Watercourse Zone Exception 13 (RW1-13) (Map 12)
a)
Permitted Uses: Shall include only a maximum of six dwelling units within the existing
building, one home occupation per dwelling unit and accessory uses.
b)
Zone Regulations: Only existing buildings shall be permitted, an expansion of an
existing building or construction of a new building will require relief from this by-law.
9.5.14 Residential Waterfront - Watercourse Zone Exception 14 (RW1-14) (Map 8)
a)
Zone Regulations:
i)
Minimum Lot Area: 1,754 m2 (where municipal sanitary servicing is
unavailable)
ii)
Minimum Lot Frontage: 25.91 m (where municipal sanitary servicing is
unavailable)
iii)
Other Provisions:
An agreement has been registered on title with the
municipality as a result of consent condition; File: B/37/38/39/2011,
requiring the Owner to immediately take all necessary steps to connect
the subject lands to the sanitary sewer and will pay all costs associated
with connecting to the sanitary sewers, including any connection costs
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
158
imposed by the Corporation when sanitary sewers become available to
service the subject lands.
9.5.15 Residential Waterfront-Watercourse Zone Exception 15 (RW1-15) (Map 8)
a) Zone Regulations:
i)
Other Provisions: An agreement has been registered on title with the
municipality as a result of consent condition; File: B/37/38/39/2011,
requiring the Owner to immediately take all necessary steps to connect
the subject lands to the sanitary sewer and will pay all costs associated
with connecting to the sanitary sewers, including any connection costs
imposed by the Corporation when sanitary sewers become available to
service the subject lands.
9.5.16 Residential Waterfront-Watercourse Zone Exception 16 (RW1-16) (Map 49)
a) Permitted Use:
i)
New Accessory structure (agriculture pole barn) for agriculture purposes
(storage of equipment/ supplies) that does not include housing of
livestock.
b) Zone Regulations:
i)
Notwithstanding Subsection 6.5 a) xi), Accessory Uses, Buildings and
Structures within the General Provisions of this By-law, the Maximum
height for the new accessory structure shall not exceed 7 metres.
9.5.17 Residential Waterfront - Watercourse Zone Exception 17 (RW1-17) (Map 49)
a)
Permitted Buildings and Structures: Notwithstanding Section 7 or any other provision
of this by-law to the contrary, all buildings and structures shall be prohibited.
b)
Zone Regulations: Notwithstanding Section 8.3 of this By-law to the contrary, the
minimum lot area shall be 323.76 m² and the minimum lot frontage shall be 26.34
metres.
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
159
9.6
Residential Waterfront - Lake St. Clair (RW2) Zone Exceptions
Notwithstanding any other provisions of this By-law, the special regulations contained in this
Section shall apply to the area or areas defined below and as shown on Schedule A:
9.6.1 Residential Waterfront - Lake St. Clair Zone Exception 1 (RW2-1) (Map 62)
a)
Permitted Uses: An existing duplex dwelling. Only the existing buildings and
structures shall be permitted.
9.6.2 Residential Waterfront - Lake St. Clair Zone Exception 2 (RW2-2) (Map 62)
a)
Permitted Uses: An existing mobile trailer campground, club house and accessory
uses including an office shall be additional permitted uses.
b)
Zone Regulations: For the existing mobile trailer campground, club house and
accessory uses, only existing buildings shall be permitted, an expansion of an
existing building or construction of a new building will require relief from this by-law.
9.6.3 Residential Waterfront - Lake St. Clair Zone Exception 3 (RW2-3) (Map 17)
a)
All lot and building requirements for the permitted buildings and structures shall be in
accordance with the requirements for the RW2 zone, except that in those instances
where the actual Zone Regulations that result from the recent approval of the
Committee of Adjustment to create new lots within this defined area are less than the
requirements of the RW2 zone, the lesser Zone Regulations that exist once the
deeds are stamped shall be the Zone Regulations required by this By-law.
9.6.4 Residential Waterfront - Lake St. Clair Zone Exception 4 (RW2-4) (Map 15)
a)
Permitted Uses: Not more than 50 single detached dwellings and accessory uses
shall be permitted.
b)
Zone Regulations: No buildings or structures shall be permitted within 6.0 m of any
lot line. In addition, all buildings and structures shall be separated by a minimum
distance of 3.0 m.
9.6.5 Residential Waterfront - Lake St. Clair Zone Exception 5 (RW2-5) (Map 33)
a)
Permitted Uses: Only existing uses shall be permitted. For clarity, this includes only
uses that existed legally on October 22, 1979.
b)
Zone Regulations: Only existing buildings shall be permitted, an expansion of an
existing building or construction of a new building will require relief from this by-law.
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
160
9.6.6 Residential Waterfront - Lake St. Clair Zone Exception 6 (RW2-6) (Map 16)
a)
Permitted Uses: Not more than 16 single detached dwellings and accessory uses
shall be permitted.
b)
Zone Regulations: No buildings or structures shall be permitted within 6.0 m of any
lot line. In addition, all buildings and structures shall be separated by a minimum
distance of 3.0 m.
9.6.7 Residential Waterfront - Lake St. Clair Zone Exception 7 (RW2-7) (Map 33)
a)
Permitted Uses: Four housekeeping cottages and one single detached dwelling and
accessory uses shall be additional permitted uses.
b)
Zone Regulations: Only existing buildings shall be permitted, an expansion of an
existing building or construction of a new building will require relief from this by-law.
All lot and building requirements shall be in accordance with the RW2 zone.
9.6.8 Residential Waterfront - Lake St. Clair Zone Exception 8 (RW2-8) (Map 83)
a)
Permitted Uses: Uses accessory to a marina, but not located on the same lot as the
marina, including the docking and outdoor storage of boats, shall be an additional
permitted use.
b)
All development on lands zoned RW2-8 shall be subject to site plan control.
9.6.9 Residential Waterfront - Lake St. Clair Zone Exception 9 (RW2-9) (h6)
(Map84)
Section deleted in its' entirety by Bylaw 65-2016 on May 24/16
(rezoned to RW2(h20))
9.6.10 Residential Waterfront - Lake St. Clair Zone Exception 10 (RW2-10) (Map 45)
a)
Permitted Uses: An additional dwelling unit in an existing detached garage shall be
an additional permitted use.
b)
The additional dwelling unit in an existing detached garage shall not be permitted
following the expiration of the Temporary Use By-law on July 12, 2014. On and from
the day after the expiration date referred to in this clause, Subsection 34(9)(a) of the
Planning Act, R.S.O. 1990, c.P.13, does not apply so as to permit the continued use
of the land for the purpose temporary authorized.
c)
Zone Regulations: The overall height of an existing fabric roof affixed to an existing
single detached garage shall be as it existed on the date of passing of this By-law.
9.6.11 Residential Waterfront - Lake St. Clair Zone Exception 11 (RW2-11) (Map 85)
a) Definition of a Lot:
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Modified | December 2, 2019
161
LOT shall mean a parcel or tract of land: (i) that is described, in a deed or other
document legally capable of conveying land, as a separately conveyable parcel or tract
of land; (ii) that is the whole of a lot on a registered plan of subdivision, so long as such
registered plan has not been deemed, pursuant to the Planning Act, R.S.O. 1990,
c.P.13, as amended, not to be a registered plan of subdivision; (iii) for which a consent
has been granted pursuant Section 53 of the Planning Act, R.S.O. 1990, c.P.13, as
amended, and which consent remains in effect; or (iv) that is a whole unit or common
element within the meaning of Section 9 of the Condominium Act, S.O. 1998, c.19, as
amended.
b) Zone Regulations: Minimum lot area - 1,390 sq. m (where sanitary servicing is
unavailable)
c) Other Provisions:
Permitted uses and all other regulations shall be as set out for the RW2 Zone
classification.
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
162
9.7
Hamlet Residential (HR) Zone Exceptions
Notwithstanding any other provisions of this By-law, the special regulations contained in this
Section shall apply to the area or areas defined below and as shown on Schedule A:
9.7.1 Hamlet Residential Exception 1 (HR-1) (Map 47)
a)
Zone Regulations: The minimum lot area shall be 1,400.0 m2 and the minimum lot
frontage shall be 23.0 m.
9.7.2 Hamlet Residential Exception 2 (HR-2) (Map 50)
a)
Permitted Uses: A retirement home or nursing home shall be an additional permitted
use.
b)
Zone Regulations: Only existing buildings shall be permitted, an expansion of an
existing building or construction of a new building will require relief from this by-law.
9.7.3 Hamlet Residential Exception 3 (HR-3) (Map 50)
a)
Zone Regulations: All lot and building requirements shall be in accordance with the
following:
i)
The minimum front yard shall be 15.2 m.
ii)
The minimum rear yard shall be 15.2 m.
iii)
The minimum interior side yard shall be 9.1 m.
iv)
The minimum exterior side yard shall be 12.2 m.
9.7.4 Hamlet Residential Exception 4 (HR-4) (Map 41 and Map 50)
a)
Permitted Uses: A multiple unit dwelling with a maximum of four dwelling units shall
be an additional permitted use.
b)
Zone Regulations: Only existing buildings shall be permitted, an expansion of an
existing building or construction of a new building will require relief from this by-law.
9.7.5 Hamlet Residential Exception 5 (HR-5) (Map 79)
a)
Permitted Uses: A duplex dwelling shall be an additional permitted use provided
there is only one main building on the lot.
9.7.6 Hamlet Residential Zone Exception 6 (HR-6) (h5) (Map 48 and Map 66)
a)
Permitted Uses: Semi-detached dwellings, townhouse dwellings and accessory uses
shall be additional permitted uses.
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Modified | December 2, 2019
163
b)
Zone Regulations: All lot and building requirements shall be in accordance with the
following:
i)
The minimum lot area shall be 557.4 m2 for single detached dwellings,
270 m2 for semi-detached dwellings and 223 m2 for townhouse dwellings.
ii)
The minimum lot frontage shall be 18.2 m for single detached dwellings, 9
metres for semi-detached dwellings not on a corner lot, 12 m for semi-
detached dwellings on a corner lot, 8 m for interior townhouse dwelling
units, 9 m for exterior townhouse dwelling units and 12 m for exterior
townhouse dwelling units on a corner lot.
iii)
The maximum lot coverage shall be 35%, except for townhouse dwellings,
which shall be 40%.
iv)
The minimum landscaped open space shall be 35%.
v)
The minimum front yard shall be 7.6 m.
vi)
The minimum rear yard shall be 7.6 m.
vii)
The minimum exterior side yard width shall be 4.5 m.
viii)
The minimum interior side yard width shall be 1.5 m where a private
garage or carport is attached to the main building or 3.0 m on one side of
the building and 1.5 m on the other side where no private garage or
carport is attached to the main building.
ix)
The maximum height of main buildings shall be 10.5 m.
9.7.7 Hamlet Residential Exception 7 (HR-7) (Map 41)
a)
Permitted Uses: A machine repair shop shall be an additional permitted use.
b)
Zone Regulations: Only existing buildings shall be permitted, an expansion of an
existing building or construction of a new building will require relief from this by-law.
9.7.8 Hamlet Residential Exception 8 (HR-8) (Map 41)
a)
Permitted Uses: A multiple unit dwelling with a maximum of six dwelling units shall be
an additional permitted use.
b)
Zone Regulations: Only existing buildings shall be permitted, an expansion of an
existing building or construction of a new building will require relief from this by-law.
9.7.9 Hamlet Residential Exception 9 (HR-9) (Map 42)
a)
Permitted Uses: A duplex dwelling shall be an additional permitted use.
9.0 ZONE EXCEPTIONS
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Modified | December 2, 2019
164
b)
Zone Regulations: Only existing buildings shall be permitted, an expansion of an
existing building or construction of a new building will require relief from this by-law.
9.7.10 Hamlet Residential Exception 10 (HR-10) (Map 42)
a)
Permitted Uses: A multiple unit dwelling with a maximum of 5 dwelling units shall be
an additional permitted use.
b)
Zone Regulations: Only existing buildings shall be permitted, an expansion of an
existing building or construction of a new building will require relief from this by-law.
9.7.11 Hamlet Residential Exception 11 (HR-11) (Map 42)
a)
Zone Regulations: All lot and building requirements for the existing buildings and
structures shall be in accordance with the following:
i)
The minimum lot area shall be 695 m2.
ii)
The minimum lot frontage shall be 15 m.
iii)
All other lot and building requirements shall be in accordance with the
requirements for the HR zone.
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
165
9.8
Hamlet Commercial (HC) Zone Exceptions
Notwithstanding any other provisions of this By-law, the special regulations contained in this
Section shall apply to the area or areas defined below and as shown on Schedule A:
9.8.1 Hamlet Commercial Exception 1 (HC-1) (Map 48)
a)
Permitted Uses: A commercial outdoor recreational facility, recreational golf course,
a golf course, a marina, a trailer park and accessory uses including a maximum of
one (1) accessory dwelling unit shall be the only uses permitted.
b)
Zone Regulations: All lot and building requirements for the trailer park shall be in
accordance with the following:
i)
Maximum number of trailer sites shall be 282.
ii)
Minimum number of parking spaces shall be 282.
iii)
Minimum front yard depth shall be 26 m from the street centreline of County
Road No. 2.
c)
The parking of trailers/recreational vehicles shall be allowed for twelve months of the
year, but their use for seasonal accommodation shall be restricted to not more than
seven (7) months in any consecutive ten (10) month period.
9.8.2 Hamlet Commercial Exception 2 (HC-2) (Map 50)
a)
Permitted Uses: An automobile sales and service establishment, and a marine sales
and service establishment shall be additional permitted uses.
b)
Zone Regulations: Only existing buildings shall be permitted, an expansion of an
existing building or construction of a new building will require relief from this by-law.
All lot and building requirements for new or expanded buildings shall be in
accordance with the HC zone, except that outdoor storage and display shall be
permitted on lands zoned HC-2. The location and size of permitted outdoor storage
and display areas shall be as depicted in an approved site plan agreement.
c)
Notwithstanding any other provision of this By-law to the contrary, an outside storage
and display area will be permitted. The location and size of the permitted outside
storage and display area shall be in accordance with the location and size of such
areas depicted in an approved site plan control agreement.
9.8.3 Hamlet Commercial Exception 3 (HC-3) (Map 50)
a)
Permitted Uses: A motel shall be an additional permitted use.
b)
Zone Regulations: Only existing buildings shall be permitted, an expansion of an
existing building or construction of a new building will require relief from this by-law.
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Council Adopted | January 10, 2012
Modified | December 2, 2019
166
9.8.4 Hamlet Commercial Exception 4 (HC-4) (Map 50)
a)
Permitted Uses: A parking lot and an open air farmers market and flea market shall
be additional permitted uses. An engineered temporary tent structure shall be
permitted as accessory to an open air farmers market and flea market.
b)
Zone Regulations: Only existing buildings shall be permitted, an expansion of an
existing building or construction of a new building will require relief from this by-law.
All lot and building requirements for the uses permitted in the HC zone shall be in
accordance with the HC zone regulations. With respect to an open air farmers
market and flea market, the following regulations shall apply:
i)
Permitted buildings and structures shall include an engineered temporary
tent structure shall be permitted as accessory to an open air farmers market
and flea market.
ii)
The minimum front yard setback shall be 28 m.
iii)
The side yard and rear yard setbacks shall be 0.9 m.
iv)
The width of the required buffer strip in those yards abutting a residential
zone shall be 0.9 m.
v)
The maximum lot coverage shall be 40%.
vi)
A minimum of twenty (20) parking spaces shall be provided.
9.8.5 Hamlet Commercial Exception 5 (HC-5) (Map 50)
a)
Permitted Uses:
i)
Notwithstanding Section 4.0, (Definitions), Subsection No. 57 of this By-
law to the contrary, a Contractor's Business / Yard shall mean: property
management, property maintenance, lawn care, landscaping and snow
removal. In addition to, and accessory to the Contractor's Business /
Yard, the applicant wishes to display, store, sell, service and repair small
engines, which shall include, commercial lawn and garden equipment,
trailers, parts and accessories.
ii)
All uses permitted in the HC, Hamlet Commercial Zone shall also be
permitted as additional uses with the exception of a convenience retail
establishment, which shall not be permitted.
b)
Zone Regulations: All lot and building requirements for the permitted uses
listed in Section 9.8.5 shall be in accordance with the following:
i) Minimum rear yard setback shall be 3.6 metres for the most westerly building
(existing);
9.0 ZONE EXCEPTIONS
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Modified | December 2, 2019
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ii)
Minimum of ten (10) parking spaces, including one (1) parking space for
persons with disabilities shall be provided;
iii)
Minimum parking aisle width on westerly side of the existing building and the
rear lot line for a one-way aisle shall be 3.6 metres;
iv)
The width of the required buffer strip in the interior side yard and the rear yard
shall be 0.0 metres.
c)
Other Provisions: All lot and building requirements for the permitted uses listed in
Section 9.8.5 shall be in accordance with the following:
i)
Section 6.4, Accessory Retail Use shall not apply;
ii)
Section 6.5 c), Outdoor Display and Sales Area shall not apply;
iii)
Section 6.41.3, Loading Regulations shall not apply;
iv)
Notwithstanding Section 6.59 c), storage in a transport trailer or shipping
container shall be prohibited;
v)
For the purposes of this By-law, the contiguous parcels zoned HC-5 shall be
considered to be a single lot;
vi)
All other lot and building requirements for permitted uses listed in Section
9.8.5 shall be in accordance with the requirements of the HC, Hamlet
Commercial zone.
9.8.6 Hamlet Commercial Exception 6 (HC-6) (Map 41)
a)
Permitted Uses: Shall be restricted to the following:
i)
truck trailer parking, truck transfer depot;
ii)
tank truck water station;
iii)
warehousing;
iv)
automobile service station;
v)
automobile washing establishment;
vi)
convenience retail establishment;
vii) a maximum of one accessory dwelling unit for each permitted commercial
use, save and except an automobile service station or automobile washing
establishment; and
viii) accessory offices.
9.0 ZONE EXCEPTIONS
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Modified | December 2, 2019
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b)
Zone Regulations: All lot and building requirements for the permitted uses shall be in
accordance with the following:
i)
Minimum front yard shall be 15 m.
ii)
Minimum interior side yard shall be 7 m.
iii)
Minimum exterior side yard shall be 15 m.
iv)
Minimum rear yard shall be 15 m.
v)
Maximum lot coverage for all buildings and structures shall be 10%.
vi)
Maximum height shall be 10 m.
9.8.7 Hamlet Commercial Exception 7 (HC-7) (Map 48)
a)
Permitted Uses: A marina with a maximum of 400 boat slips, accessory uses,
including one accessory dwelling unit located on the second floor of the main marina
office building, shall be the only uses permitted.
b)
Zone Regulations: All lot and building requirements for the permitted uses shall be in
accordance with the following:
i)
Minimum front yard shall be 20.0 m.
ii)
Minimum side and rear yard shall be 15.0 m.
iii)
Maximum building height shall be 10.0 m.
iv)
1 parking space shall be provided for each boat slip.
9.8.8 Hamlet Commercial Exception 8 (HC-8) (Map 42)
a)
Zone Regulations: Notwithstanding any other regulations of this By-law to the
contrary, a minimum of 20 off-street parking spaces must be provided and
maintained on-site in conjunction with the existing building.
9.8.9
Hamlet Commercial Exception 9 (HC-9) (Map 50)
a) Permitted Uses: A retirement home and a Warehouse shall be additional permitted
uses.
b) Zone Regulations: Only existing buildings shall be permitted for the Warehouse use.
An expansion of an existing building or construction of a new building will require
relief from this by-law.
9.8.10 Hamlet Commercial Exception 10 (HC-10) (Map 79)
a) Permitted Uses: A converted dwelling with a maximum of (3) three dwelling units is
an additional use.
9.0 ZONE EXCEPTIONS
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Council Adopted | January 10, 2012
Modified | December 2, 2019
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b) Zone Regulations: Section 6.16, Converting Dwelling shall not apply.
9.0 ZONE EXCEPTIONS
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Council Adopted | January 10, 2012
Modified | December 2, 2019
170
9.9
Hamlet Employment (HE) Zone Exceptions
Notwithstanding any other provisions of this By-law, the special regulations contained in this
Section shall apply to the area or areas defined below and as shown on Schedule A:
9.9.1 Hamlet Employment Exception 1 (HE-1) (Map 58)
a)
Permitted Uses: A seed mill shall be the only permitted use. Only existing buildings
and structures shall be permitted.
b)
Zone Regulations: Only existing buildings shall be permitted, an expansion of an
existing building or construction of a new building will require relief from this by-law.
9.9.2 Hamlet Employment Exception 2 (HE-2) (Map 58)
a)
Permitted Uses: A machine repair shop. Only existing buildings and structures will be
permitted.
b)
Zone Regulations: Only existing buildings shall be permitted, an expansion of an
existing building or construction of a new building will require relief from this by-law.
9.9.3 Hamlet Employment Exception 3 (HE-3) (Map 42)
a)
Permitted Uses: One accessory dwelling unit located in the second storey to the
main building shall be an additional permitted use. No industrial building wherein
gasoline or any other highly flammable, toxic or explosive products are handled in
quantity shall have an accessory dwelling unit.
b)
Zone Regulations: In addition to the minimum number of parking spaces required for
the principal use of the lot, a minimum of two parking spaces shall be provided on the
same lot or the accessory dwelling unit. In addition to the required landscaped open
space for the industrial building, a landscaped open space area in an amount that is
equal to the total floor area used for the accessory dwelling unit shall be provided on
the same lot, and shall be used exclusively for the permitted accessory dwelling unit.
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
171
9.10 Commercial Service (CS) Zone Exceptions
Notwithstanding any other provisions of this By-law, the special regulations contained in this
Section shall apply to the area or areas defined below and as shown on Schedule A:
9.10.1
Commercial Service Zone Exception 1 (CS-1) (Map 23)
a) Permitted Uses: A contractor's yard and accessory uses associated with the contractor's yard
(i.e. showroom, warehousing, vehicle/equipment storage and repair, offices and retail); a
vehicle sales establishment; a vehicle repair establishment; a sign shop; an office(s); an
existing single detached dwelling as it existed on the passing of this By-law, and accessory
uses shall be the only permitted uses.
b) Zone Regulations
i) The interior side yard setback shall be 14.6 m and the rear yard setback shall be 1.8 m for
main and accessory uses;
ii) The minimum landscaped open space shall be 1,073 m².
c)
Other Provisions
i) Notwithstanding Section 6.5 c) i) and ii), an outdoor display and sales area, shall be
permitted, in all required yards, associated with a vehicle sales establishment, on a
permanent basis;
ii) Notwithstanding Section 6.40, outdoor storage shall be permitted strictly, in the northerly
interior side and rear yards only;
iii) Notwithstanding Section 6.41.1, the minimum number of required parking spaces shall be
fifteen (15);
iv) Section 6.11 shall not apply.
9.10.2
Commercial Service Zone Exception 2 (CS-2) (Map 64)
a)
Permitted Uses: Existing light manufacturing and repairs in existing wholly enclosed
buildings, provided said use is not noxious by reason of the emission of odour, dust,
smoke, gas, fumes, noise, cinders, vibrations, refuse matter or water-carried waste,
and uses accessory thereto, shall be an additional permitted use.
b)
Zone Regulations: For the additional permitted use in Subsection 9.10.2 (a), only
existing buildings shall be permitted, an expansion of an existing building or
construction of a new building will require relief from this by-law. For all other
permitted uses, the lot and building requirements shall be in accordance with the CS
Zone.
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Modified | December 2, 2019
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9.10.3 Commercial Service Zone Exception 3 (CS-3) (Map 63)
a)
Permitted Uses: An automobile sales and service establishment and accessory uses
shall be the only uses permitted.
9.10.4 Commercial Service Zone Exception 4 (CS-4) (Map 12)
a)
Permitted Uses: Commercial grain handling and storage facilities shall be additional
permitted uses.
b)
Zone Regulations: Only existing buildings shall be permitted, an expansion of an
existing building or construction of a new building will require relief from this by-law.
9.10.5 Commercial Service Zone Exception 5 (CS-5) (Map 73)
a)
Permitted Uses: A motel, all truck related facilities and accessory uses shall be
additional permitted uses.
9.10.6 Commercial Service Zone Exception 6 (CS-6) (Map 64)
a) Permitted Uses: One single detached dwelling and accessory uses, structures and
buildings shall be an additional permitted use.
9.0 ZONE EXCEPTIONS
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Council Adopted | January 10, 2012
Modified | December 2, 2019
173
9.11 Rural Commercial/Employment (CR) Zone Exceptions
Notwithstanding any other provisions of this By-law, the special regulations contained in this
Section shall apply to the area or areas defined below and as shown on Schedule A:
9.11.1 Rural Commercial/Employment Zone Exception 1 (CR-1) (Map 45)
a)
Permitted Uses: A recreational vehicle sales and service establishment and
accessory uses, including an accessory dwelling unit, shall be the only permitted
uses. Only existing buildings and structures will be permitted.
b)
Zone Regulations: Only existing buildings shall be permitted, an expansion of an
existing building or construction of a new building will require relief from this by-law.
9.11.2 Rural Commercial/Employment Zone Exception 2 (CR-2) (Map 46)
a)
Permitted Uses: A travel trailer sales establishment shall be the only permitted use.
Only existing buildings and structures will be permitted.
b)
Zone Regulations: Only existing buildings shall be permitted, an expansion of an
existing building or construction of a new building will require relief from this by-law.
9.11.3 Rural Commercial/Employment Zone Exception 3 (CR-3) (Map 47)
a)
Permitted Uses: A contracting and trucking business, the sale of construction
equipment and the sale and repair of trucks shall be the only permitted uses.
b)
Zone Regulations: Only existing buildings shall be permitted, an expansion of an
existing building or construction of a new building will require relief from this by-law.
9.11.4 Rural Commercial/Employment Zone Exception 4 (CR-4) (h11) (Map 35)
a)
Permitted Uses: On those lands zoned CR-4 (h11), the permitted uses shall be
limited to those uses permitted in the CR zone. Upon removal of the holding symbol
(h11), a wooden cabinet manufacturing facility shall be an additional permitted use.
b)
Zone Regulations: Upon removal of the holding (h11), a 117 m2 (1,250 ft2)
showroom, a 131 m2 (1,410 ft2) lower residential dwelling unit and a 75 m2 (800 ft2)
upper residential dwelling unit located in the existing building will be additional
permitted uses.
c)
For the purposes of this By-law, the contiguous parcels zoned CR-4 shall be
considered to be a single lot.
9.11.5 Rural Commercial/Employment Zone Exception 5 (CR-5) (Map 35)
a)
Permitted Uses: A trucking operation including the storing, parking, servicing and
dispatching of freight carrying trucks (but not including the transfer of goods for the
9.0 ZONE EXCEPTIONS
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Modified | December 2, 2019
174
loading and unloading of freight carrying trucks) and an outdoor storage facility shall
be additional permitted uses.
9.11.6 Rural Commercial/Employment Zone Exception 6 (CR-6) (Map 23)
a)
Permitted Uses: An automobile repair establishment and accessory dwelling shall be
an additional permitted use.
b)
Only existing buildings and structures shall be permitted.
9.11.7 Rural Commercial/Employment Zone Exception 7 (CR-7) (Map 37)
a)
Permitted Uses: A commercial grain elevator. Only existing buildings and structures
will be permitted.
b)
Zone Regulations: Only existing buildings shall be permitted, an expansion of an
existing building or construction of a new building will require relief from this by-law.
9.11.8 Rural Commercial/Employment Zone Exception 8 (CR-8) (Map 58)
a)
Permitted Uses: A building or contracting establishment serviced by a public water
supply system and a sanitary sewage disposal system approved by the Ministry of
Environment or its designated agent and accessory uses.
b)
Prohibited Uses: Notwithstanding any other provision of this By-law to the contrary, it
shall be prohibited to use any land or to erect and use any building or structure in a
CR-8 zone for the purpose of a concrete or asphalt batching plant or a crushing
plant.
c)
Zone Regulations: All lot and building requirements for the permitted uses shall be in
accordance with the following:
i)
Minimum lot area shall be 2 hectares.
ii)
Minimum lot frontage shall be 60.0 m.
iii)
Notwithstanding any other provision of this By-law to the contrary, outside
storage of finished or unfinished goods, products, materials, trucks and
equipment shall be permitted, provided that it does not exceed 5.0 m in
height and 30% of the total lot area, and the location of outdoor storage
areas comply with the yard and setback requirements for the CR zone.
d)
All other lot and building requirements shall be in accordance with the requirements
for the CR zone.
e)
All lands zoned CR-8 are considered to be a single lot.
9.0 ZONE EXCEPTIONS
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Council Adopted | January 10, 2012
Modified | December 2, 2019
175
9.11.9 Rural Commercial/Employment Zone Exception 9 (CR-9) (Map 53)
a)
Permitted Uses: A camper sales establishment shall be the only permitted use. Only
existing buildings and structures will be permitted.
b)
Zone Regulations: Only existing buildings shall be permitted, an expansion of an
existing building or construction of a new building will require relief from this by-law.
9.11.10 Rural Commercial/Employment Zone Exception 10 (CR-10) (Map 53)
a)
Permitted Uses: Additional permitted uses shall include:
i)
a building supply outlet;
ii)
a boat, trailer, motorcycle, snowmobile or similar motorized vehicle sales
establishment;
iii)
a fuel sales establishment;
iv)
a nursery and garden store;
v)
a farm produce outlet; and
vi)
an accessory dwelling unit.
b)
Zone Regulations: All lot and building requirements for the permitted uses shall be in
accordance with the following:
i)
Minimum front yard shall be 15.0 m.
ii)
Minimum interior side yard shall be 7.0 m.
iii)
Minimum exterior side yard shall be 15.0 m.
iv)
Minimum rear yard shall be 15.0 m.
v)
Maximum lot coverage for all buildings and structures shall be 10%.
vi)
Maximum height shall be 10.0 m.
9.11.11 Rural Commercial/Employment Zone Exception 11 (CR-11) (Map 54)
a)
Permitted Uses: Shall include only the following:
i)
automobile service station, automobile repair garage, automobile washing
establishment, gas bar, and automobile sales and service establishment;
ii)
a commercial recreation establishment;
iii)
a nursery and garden store;
iv)
a farm produce outlet;
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Modified | December 2, 2019
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v)
an eating establishment;
vi)
a convenience retail store; and
vii) an accessory dwelling unit.
b)
Zone Regulations: All lot and building requirements for the permitted uses shall be in
accordance with the following:
i)
Minimum front yard shall be 15.0 m.
ii)
Minimum interior side yard shall be 7.0 m.
iii)
Minimum exterior side yard shall be 15.0 m.
iv)
Minimum rear yard be 15.0 m.
v)
Maximum lot coverage for all buildings and structures shall be 10.0%.
vi)
Maximum height shall be 10.0 m.
9.11.12 Rural Commercial/Employment Zone Exception 12 (CR-12) (Map 63)
a)
Permitted Uses: Shall include a contractor's yard or shop and accessory uses.
b)
Zone Regulations: All lot and building requirements shall be in accordance with the
following:
i)
The maximum lot coverage shall be 15%.
ii)
The minimum front yard setback shall be 25 m.
iii)
The minimum rear yard setback shall be 3 m.
iv)
The minimum side yard setback (easterly) shall be 3.5 m.
v)
The minimum side yard setback (westerly) shall be 35 m.
vi)
The maximum building height is 10.5 m.
c)
Outdoor storage will be permitted anywhere within the rear yard. Outdoor storage will
be permitted within the front yard provided it is no closer than 40 m from a residential
use. The maximum height of outdoor storage will be 3.5 m, except where the outdoor
storage is located within 5.0 m of a lot line, in which case the maximum height will be
1.8 m.
9.11.13 Rural Commercial/Employment Zone Exception 13 (CR-13) (Map 87)
a)
Permitted Uses: A trucking and excavating business including the stockpiling of
granular materials, and accessory uses thereto.
b)
Only existing buildings and structures shall be permitted.
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
177
9.11.14 Rural Commercial/Employment Zone Exception 14 (CR-14) (Map 90)
a)
Permitted Uses: An office, ambulance dispatch centre and accessory uses, including
fuel storage and dispensing, a wash bay and lube shop, temporary parking and other
accessory uses associated with a trucking company shall be the only permitted uses.
b)
Zone Regulations: No parking, display or storage of trucks or other vehicles shall be
permitted closer than 10.0 m to any lot line.
9.11.15 Rural Commercial/Employment Zone Exception 15 (CR-15) (Map 90)
a) Permitted Uses: An Automatic Commercial Vehicle Washing Establishment shall be
an additional permitted use.
b) Zone Regulations:
i) Notwithstanding Section 6.41.1, Parking Requirements, the minimum number of
required parking spaces shall be four (4) parking spaces (includes one (1) space
for persons with disabilities) for the use of an Automatic Commercial Vehicle
Washing Establishment.
ii) Section 6.41.3, Loading Regulations shall not apply for the use of an Automatic
Commercial Vehicle Washing Establishment.
iii) Notwithstanding Section 6.19, Drive-Through and Stacking Spaces, a minimum of
three (3) stacking spaces shall be provided in advance of the Automatic
Commercial Vehicle Washing Establishment and a minimum of 3 stacking spaces
shall be provided at the terminus of each line for the use of an Automatic
Commercial Vehicle Washing Establishment.
iv) Notwithstanding Section 6.63 c), Waste Area Enclosures, a waste area enclosure
is permitted in the front yard.
v) All lot and building requirements shall be in accordance with the CR zone.
9.11.16 Rural Commercial/Employment Zone Exception 16 (CR-16) (Map 90)
a)
Permitted Uses: A new single detached dwelling shall be permitted provided that an
existing single unit dwelling is converted to a dog sales and grooming facility. It is
noted that once the existing single detached dwelling is converted to a dog sales and
grooming facility, it will no longer enjoy any non-conforming use status that it may
have enjoyed prior to the passing of this By-law.
b)
Zone Regulations: All lot and building requirements shall be in accordance with the
CR zone and the corresponding site plan agreement.
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
178
9.11.17 Rural Commercial/Employment Zone Exception 17 (CR-17) (Map 92)
a)
Permitted Uses: A dwelling unit located above an automobile repair establishment
shall be an additional permitted use.
9.11.18 Rural Commercial/Employment Zone Exception 18 (CR-18) (Map 92)
a)
Permitted Uses: Offices and a personal service shop shall be an additional permitted
uses. The uses permitted in the CR zone shall also be permitted.
9.11.19 Rural Commercial/Employment Zone Exception 19 (CR-19) (Map 92)
a)
Permitted Uses: Shall include only an automobile body repair shop, automobile
repair garage, automobile sales and service establishment, automobile service
station, automobile washing establishment, gas bar, beer and liquor outlets, boat and
recreation vehicle sales, service and storage, building supply sales centre,
commercial recreation and entertainment establishments, farm equipment sales and
service establishment, farm produce sales outlet, furniture store, a garden supply
centre, hotel or motor hotel, motel, restaurants tavern, tourist camp, trailer camp, a
contractor's yard or shop, warehousing and other indoor storage facilities, non-
effluent producing light industrial uses restricted to packaging operations or
operations that assemble or process component parts to produce finished products
suitable for retail trade and does not include any establishment that assembles or
processes food beverage, tobacco, rubber, leather or similar products and an
accessory dwelling unit in association with a tourist/trailer camp or a hotel, motel or
motel hotel. Uses that involve stamping presses or uses that involve machinery that
can be perceived by sound or odour outside of the building shall not be permitted.
Accessory uses to the foregoing uses shall also be permitted.
b)
Zone Regulations: For the additional permitted uses listed in (a) above, only existing
buildings shall be permitted, an expansion of an existing building or construction of a
new building will require relief from this by-law. Notwithstanding any other provisions
of this By-law, the maximum lot coverage for all buildings, structures and paved or
asphalted areas shall be 35%. A minimum of 65% of the lot area must be uncovered
to accommodate septic tank requirements.
9.11.20 Rural Commercial/Employment Zone Exception 20 (CR-20) (Map 67)
a)
Permitted Uses: A canning factory and one accessory mobile home on a permanent
foundation shall be additional permitted uses.
9.11.21 Rural Commercial/Employment Zone Exception 21 (CR-21) (Map 96)
a)
Permitted Uses: All of the uses permitted in the Agriculture (A) zone shall be
permitted, excluding any residential uses, in addition to an animal feed processing
plant and accessory uses. The permitted accessory uses shall be restricted to office,
packing, packaging, loading, shipping, parking, storing, weighting, marketing, mixing
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
179
of feed products and the on-site production of wood chips to be used for fuel for the
processing plant only. The production of wood chips, including the storage of all the
material to be used in their production, must be in a totally enclosed building. When
determining the effect the Environmental Protection Act shall have on this operation,
none of the uses permitted herein shall be determined to be agricultural uses as
defined in the Environmental Protection Act.
b)
Permitted buildings and structures shall include:
i)
the buildings and structures associated with the uses permitted in the A
zone;
ii)
one building used for the purpose of processing animal food from waste;
iii)
three existing cattle barns;
iv)
one existing lagoon;
v)
one waste reception building;
vi)
one truck storage and maintenance building;
vii) one totally enclosed building to be used for the purpose of producing wood
chips (wood hogging);
viii) accessory office facilities;
ix)
bio filter facilities;
x)
loading, parking, driveway and access areas; and
xi)
accessory storage buildings and structures including pit silos and concrete
storage pads.
c)
Zone Regulations: No part of any building or structure other than a parking area or
driveway shall be located closer than 45.0 m to the east and south property lines and
no closer than 9.0 m to the west and north property lines. The minimum lot area shall
be the existing lot area.
d)
Those materials allowed to be used in the production of animal feed may be stored
on site. All of the material used in conjunction with the production of fuel must be
stored inside of buildings, however, the processed fuel (wood chips) may be stored
outside in the location shown on the site plan. Fish waste must also be stored inside
of buildings. Outside storage for sweet corn silage, wood chips and the finished
product, shall be restricted to those areas shown on the site plan.
e)
All access for the processing operation shall be restricted to County Road No. 1.
f)
All development on lands zoned CR-21 shall be subject to site plan control.
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
180
g)
The uses permitted shall not commence operation until the permits and certificates
required under the Environmental Protection Act or any other relevant legislation
pertaining to this operation are obtained and provided to the Town.
9.11.22 Rural Commercial/Employment Zone Exception 22 (CR-22) (Map 87)
a)
Permitted Uses: A printing establishment and accessory uses thereto including an
existing single detached dwelling shall be the only uses permitted. Only existing
buildings and structures are permitted.
9.11.23 Rural Commercial/Employment Zone Exception 23 (CR-23) (Map 69)
a)
Permitted Uses: A salvage or scrap yard, including an automobile wrecking yard and
uses accessory thereto. An Automobile Used Sales and Service Establishment shall
be an additional permitted use. Only existing buildings and structures are permitted.
b)
Zone Regulations: No salvage, scrap or wrecking yard operation or storage of
wrecked or dismantled vehicles shall be permitted within 183 m of the road
allowance between lots 6 and 7.
9.11.24 Rural Commercial/Employment Zone Exception 24 (CR-24) (Map 71)
a)
Permitted Uses: A truck or transport terminal and warehousing shall be additional
permitted uses.
b)
Section 6.41.3(g) does not apply to lands zoned CR-24.
9.11.25 Rural Commercial/Employment Zone Exception 25 (CR-25) (Map 69)
a)
Permitted Uses: A convenience retail establishment and accessory single detached
dwelling shall be additional permitted uses.
9.11.26 Rural Commercial/Employment Zone Exception 26 (CR-26) (Map 23)
Section deleted in its' entirety by By-law 93-2016 on Oct. 25, 2015
(rezoned to CS-1)
9.11.27 Rural Commercial/Employment Zone Exception 27 (CR-27) (Map 88)
a)
Permitted Uses: Light manufacturing, storage and warehousing shall be an additional
permitted use.
b)
Zone Regulations: All lot and building requirements shall be in accordance with the
CR zone. Any new development will require the execution of a site plan agreement to
address all aspects of servicing.
9.11.28 Rural Commercial/Employment Zone Exception 28 (CR-28) (Map 30)
a)
Permitted uses shall include:
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
181
i)
Sales and service establishments related to automobiles, recreational
vehicles and farm and garden equipment;
ii)
Automobile service stations, including washing establishment or a body
shop;
iii)
Eating establishments and motels;
iv)
Wholesale establishments;
v)
Building supply outlets;
vi)
Tradesmen's shop and contractor's shop or yard;
vii) Entertainment establishments excluding amusement arcades;
viii) Warehousing;
ix)
Light manufacturing; and
x)
Accessory uses for the above permitted uses including residential, retail and
office uses accessory to one of the permitted uses.
b)
Zone Regulations: All lot and building requirements shall be in accordance with the
following:
i)
The minimum lot area shall be 500 m2;
ii)
The minimum lot frontage shall be 15.0 m;
iii)
The maximum lot coverage shall be 50% including accessory buildings;
iv)
The minimum front yard shall be 15.0 m;
v)
The minimum rear yard shall be 10.0 m;
vi)
The minimum interior side yard shall be 4.0 m;
vii) The minimum exterior side yard shall be 15.0 m;
viii) The maximum height of buildings and structures shall be 10.0 m;
c)
No outside storage shall be permitted in the front yard or in any yard which abuts
a Residential or Agriculture zone or defined area.
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
182
i) Notwithstanding Section 9.28.11 c), outside storage shall be permitted only in
accordance with the drawing (below), located on the westerly side of the
existing building:
d)
Where the CR-28 zone abuts a Residential or Agricultural zone or defined area,
the following provisions shall apply:
i)
No part of any building within the CR-28 zone shall be located within 15 m of
any Residential or Agricultural zone or defined area.
e)
No parking or loading space shall be located in a required side yard or rear yard
adjacent to any Residential or Agricultural zone or defined area.
9.11.29 Rural Commercial/Employment Zone Exception 29 (CR-29) (Map 30)
a)
Permitted Uses: Permitted uses shall include:
i)
automobile service station, gas bar, bulk sales establishment, and animal
clinic;
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
183
ii)
places of amusement, entertainment or recreation including amusement
arcade;
iii)
hotel, motel, and eating establishment;
iv)
funeral home;
v)
parking lot;
vi)
automobile washing establishment;
vii) assembly hall and places of worship;
viii) office or financial institution;
ix)
building supply outlet;
x)
an accessory dwelling unit in accordance with Section 6.5 of this By-law; and
xi)
accessory uses.
b)
Only existing buildings shall be permitted, an expansion of an existing building or
construction of a new building will require relief from this by-law, except that the
minimum rear yard for any permitted use shall be 12.2 m.
9.11.30 Rural Commercial/Employment Zone Exception 30 (CR-30) (Map 30)
a)
Permitted Uses: Permitted uses shall include:
i)
automobile service station;
ii)
wholesale establishment;
iii)
animal clinic;
iv)
funeral home;
v)
parking lot;
vi)
service and repair establishment;
vii) assembly hall;
viii) place of worship;
ix)
offices, general or professional;
x)
automobile washing establishment;
xi)
building supply outlet;
xii) equipment storage;
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
184
xiii) retail establishment; or
xiv) accessory uses, including a dwelling unit above a permitted commercial use.
9.11.31 Rural Commercial/Employment Zone Exception 31 (CR-31) (Map 30)
a)
Permitted Uses: Automobile sales and service establishment shall be an additional
permitted use.
b)
Zone Regulations:
i)
For the purposes of this By-law, lands zoned CR-31 are considered to be a
single lot;
ii)
Section 6.11, Automobile Sales and Service Establishment of the General
Provisions of the By-law shall not apply as it relates to the use of the Automobile
Sales and Service Establishment;
iii) All lot and building requirements shall be in accordance with the requirements
for the CR zone and in accordance with the corresponding site plan agreement.
9.11.32 Rural Commercial/Employment Zone Exception 32 (CR-32) (Map 30)
a)
Permitted Uses: The sale and repair of trucks, a communication tower and accessory
uses shall be additional permitted uses.
b)
Zone Regulations: Only existing buildings shall be permitted, an expansion of an
existing building or construction of a new building will require relief from this by-law.
9.11.33
Rural Commercial/Employment Zone Exception 33 (CR-33) (Map 31)
a)
Permitted Uses: A livestock sales receiving and shipping yard and accessory uses.
b)
Zone Regulations: Only existing buildings shall be permitted, an expansion of an
existing building or construction of a new building will require relief from this by-law.
c)
A minimum of four parking spaces for employee and visitor parking shall be provided.
d)
A driveway adjacent to the eastern boundary of the property shall be permitted to a
maximum width of 18.0 m.
9.11.34
Rural Commercial/Employment Zone Exception 34 (CR-34) (Map 34)
a)
Permitted Uses: A metal cutting and manufacturing establishment shall be additional
permitted uses.
9.11.35
Rural Commercial/Employment Zone Exception 35 (CR-35) (Map 30)
a)
Permitted Uses: One contractor's shop and accessory uses.
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
185
9.11.36
Rural Commercial/Employment Zone Exception 36 (CR-36) (Map 30)
a)
Permitted Uses: Notwithstanding any other provision of this By-law, one dwelling unit
located above a contractor's shop shall be permitted.
9.11.37
Rural Commercial/Employment Zone Exception 37 (CR-37) (Map 30)
a)
Permitted Uses: A motel and eating establishment, and the conversion of an existing
commercial motel, to a maximum of 6 dwelling units for residential use shall be
additional permitted uses.
b)
Zone Regulations: Only existing buildings shall be permitted, an expansion of an
existing building or construction of a new building will require relief from this by-law.
9.11.38
Rural Commercial/Employment Zone Exception 38 (CR-38) (Map 31)
a)
Permitted Uses: Shall include an automobile service station, personal service shops,
an eating establishment or snack bar, a convenience retail establishment and
accessory uses.
b)
Zone Regulations: Notwithstanding "Section 6.16 Converted Dwelling", the
conversion of a motel to a converted dwelling, may be permitted, provided that:
i)
The motel was legally in existence prior to the date of the passing of the
By-law;
ii)
Each dwelling unit after conversion contains a minimum floor area of 50
metres square;
iii)
There is a maximum total of six (6) dwelling units after conversion;
iv)
The building is certified by the Chief Building Official to be structurally
suitable for the proposed conversion;
v)
The external appearance of the building as a motel is preserved;
vi)
The lot is suitable for use with a septic tank or other on-site sewage system
on a permanent basis, as approved by the Town of other applicable
approval authority, or where the lot is located within a defined sewer
service area, it shall be serviced by a public sanitary sewage system;
vii)
The lot and any buildings thereon meet the minimum requirements
prescribed for the applicable zone.
9.11.39
Rural Commercial/Employment Zone Exception 39 (CR-39) (h3) (Map 31)
a)
Permitted Uses: Permitted uses shall include:
i)
an establishment for the assembly of wood into building-related finished
products and accessory uses shall be additional permitted uses;
ii)
recreational vehicle motor vehicle, trailer and equipment sales and/or service
establishment;
iii)
bus yard depot;
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
186
iv)
truck and freight terminal;
v)
light-dry manufacturing;
vi)
automotive uses including repair garages, sales and service establishments,
service stations, washing establishments and gas bars;
vii) sales and service establishments;
viii) restaurants, taverns, hotels and motels;
ix)
bulk sales and wholesale establishments;
x)
lumber yards and building supplies centres including garden centres;
xi)
places of amusement, entertainment or recreation excluding amusement
arcades;
xii) trademan's shops and contractor's yards;
xiii) warehousing;
xiv) laundromats; and
xv) uses accessory to the foregoing uses including retail and office uses but
excluding dwelling units above commercial uses.
b)
Zone Regulations: Only existing buildings shall be permitted, an expansion of an
existing building or construction of a new building will require that site plan approval
has been granted by the Town and a site plan agreement has been entered into,
pursuant to the provisions of the Planning Act. An outdoor display and sales area
shall be permitted in the front and side yards. Outdoor storage in the front or side
yards shall be prohibited.
9.11.40 Rural Commercial/Employment Zone Exception 40 (CR-40) (Map 31)
a)
Permitted Uses: Shall include an animal clinic, auction establishment, automobile
service station, farm chemical and fertilizer sales, farm equipment sales and service
establishments, farm fuel sales, farm produce outlets, farm supplies and accessory
uses.
b)
Zone Regulations: All lot and building requirements shall be in accordance with the
requirements for the CR zone.
9.11.41 Rural Commercial/Employment Zone Exception 41 (CR-41) (Map 31)
a)
Permitted Uses: Shall include a flea market operation for the wholesale and retail
sale or auction of antique furniture, farm produce, baked goods, clothing, handicrafts,
flowers and potted plants; a snack bar, light refreshment or concessions facility; a
parking area accessory to the flea market operation; an accessory single detached
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
187
dwelling; an office for the flea market operation; and uses accessory to the foregoing
permitted uses.
b)
Zone Regulations: All lot and building requirements shall be in accordance with the
following:
i)
Minimum front yard shall be 12.2 m;
ii)
Minimum side yard shall be 6.1 m;
iii)
Minimum rear yard shall be 7.6 m; and
c)
The maximum height of the main building shall be 10.7 m.
9.11.42 Rural Commercial/Employment Zone Exception 42 (CR-42) (Map 27)
a)
Permitted Uses: A garden supply centre and take-out restaurant shall be additional
permitted uses.
b)
Zone Regulations: All lot and building requirements shall be in accordance with the
Site Plan agreement and the CR zone.
9.11.43 Rural Commercial/Employment Zone Exception 43 (CR-43) (Map 31)
a)
Permitted Uses: Permitted uses shall include:
i)
automobile repair establishment;
ii)
automobile service station;
iii)
building supply outlet;
iv)
commercial grain handling and storage facilities;
v)
concrete products factory or manufacturing use;
vi)
construction company;
vii) contractor's yard or shop;
viii) establishments for the storage or processing of agricultural produce;
ix)
existing agricultural uses;
x)
gas bar;
xi)
machine or welding shop;
xii) non-effluent producing industrial uses;
xiii) offices and retail or wholesale outlets related to permitted industrial uses,
carried on in the same building;
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
188
xiv) printing establishments;
xv) service shop;
xvi) tire repair shop;
xvii) transport terminal;
xviii) warehousing and supply or storage uses;
xix) accessory uses, including an accessory dwelling unit; and
xx) office uses including an insurance office with a drive-in appraisal facility and
other insurance-related facilities, and accessory uses.
b)
Zone Regulations: All lot and building requirements shall be in accordance with the
M1 zone and in accordance with the corresponding site plan agreement.
9.11.44 Rural Commercial/Employment Zone Exception 44 (CR-44) (Map 30)
a)
Permitted Uses: A golf driving range shall be an additional permitted use.
b)
Zone Regulations: All lot and building requirements shall be in accordance with the
CR zone and the corresponding site plan agreement.
9.11.45 Rural Commercial/Employment Zone Exception 45 (CR-45) (Map 30)
a)
Permitted Uses: Public storage shall be an additional permitted use.
b)
Zone Regulations: All lot and building requirements shall be in accordance with the
CR zone and the corresponding site plan agreement.
9.11.46 Rural Commercial/Employment Zone Exception 46 (CR-46) (Map 30)
a)
Permitted Uses: Automobile sales and service establishment shall be an additional
permitted use.
b)
Zone Regulations: All lot and building requirements shall be in accordance with the
CR zone.
9.11.47 Rural Commercial/Employment Zone Exception 47 (CR-47) (Map 27)
a)
Permitted Uses: Notwithstanding Section 6.19 f), the existing eating establishment,
drive-through shall be an additional permitted use.
9.11.48 Rural Commercial/Employment Zone Exception 48 (CR-48) (Map 30)
a) Permitted Uses: A single detached dwelling shall be an additional permitted use. A
Service and Repair Establishment, exclusively for hot tubs, which shall mean a
premise primarily engaged in maintaining and repairing of hot tubs for household and
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
189
personal use. The retail sale of parts and new or used hot tubs shall be permitted as
accessory uses.
b) Zone Regulations: Notwithstanding Section 8.5 (CR) of this By-law to the contrary,
the Minimum interior side yard setback (east side) shall be 3 metres for the additional
permitted use of a single detached dwelling only.
c)
Other: Outdoor storage shall be in accordance with the implementing Site Plan
Agreement. (Service and Repair Establishment, exclusively for hot tubs)
9.11.49 Rural Commercial/Employment Zone Exception 49 (CR-49) (Map 35)
a) Permitted Uses: a warehouse shall be an additional permitted use.
b) Zone Regulations:
i) All lot and building requirements shall be in accordance with the CR zone.
ii) Section 6.42.2 k) of this By-law (Parking Areas and Other Parking
Provisions) shall not apply to a warehouse use, as identified in the CR-49
zone.
9.11.50 Rural Commercial/Employment Zone Exception 50 (CR-50) (Map 74)
a) Permitted Uses: A contractor's yard and accessory uses, structures and buildings shall
be an additional permitted use, however, all residential uses in the CR, Rural
Commercial/ Employment Zone are excluded.
9.11.51 Rural Commercial/Employment Zone Exception 51 (CR-51) (Map 30)
a) Permitted Uses: A single detached dwelling accessory to a non-residential use shall be
an additional permitted use.
b) Permitted Buildings and Structures: Buildings and structures for the permitted uses
are permitted.
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
190
9.12 Tourist / Recreational Commercial (CT) Zone Exceptions
Notwithstanding any other provisions of this By-law, the special regulations contained in this
Section shall apply to the area or areas defined below and as shown on Schedule A:
9.12.1 Tourist / Recreational Commercial Zone Exception 1 (CT-1) (Map 39)
a)
Permitted Uses: A golf course and accessory uses.
b)
Zone Regulations: All lot and building requirements for the permitted uses shall be in
accordance with the following:
i)
The minimum lot area shall be 17.8 hectares.
ii)
The minimum lot frontage shall be 182.0 m.
iii)
The maximum lot coverage shall be 5%.
iv)
The minimum landscaped open space shall be 70%.
v)
The minimum front yard for all buildings and structures shall be 20.0 m.
vi)
The minimum rear yard for all buildings and structures shall be 30.0 m.
vii) The minimum side yard for all buildings and structures shall be 15.0 m.
viii) The maximum building height shall be 10.5 m.
ix)
A buffer strip with a minimum width of 6.0 m shall be provided abutting all lot
lines where the lot line abuts or is directly opposite a residential zone, in
accordance with Section 6.14 of this By-law.
x)
Illuminated signs and exterior lighting installed to illuminate parking areas,
driveways, buildings, driving ranges and all other permitted golf course
facilities shall be so arranged as to direct light away from abutting lots and
adjacent residential uses.
xi)
No outdoor storage of any equipment, materials or supplies shall be
permitted
9.12.2 Tourist / Recreational Commercial Zone Exception 2 (CT-2) (Map 6 and 15)
a)
Permitted Uses: Shall include a marina restricted to the following:
i)
boat docking, launching and hoisting facilities;
ii)
a restaurant and an existing patio without outdoor amplified music but no
new unenclosed patio area;
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
191
iii)
indoor and outdoor off-season boat storage In accordance with the
corresponding site plan agreement;
iv)
boat sales, service and storage in the existing building;
v)
a boat display area in accordance with the corresponding site plan
agreement;
vi)
marine fuel sales;
vii) a marine communication facility within an existing building and outdoor
antennae and satellite dishes;
viii) a marine accessories establishment and specialty marine gift shop;
ix)
a private club, including a swimming pool and activity area without outdoor
amplified music;
x)
a bait shop; and
xi)
uses accessory to the foregoing uses, including one dwelling unit in the
western commercial building, parking and storage facilities, accessory office
uses, one security facility located in a permanent building not exceeding 70
m2 in floor area and signs in accordance with the Town's Sign By-law.
b)
Zone Regulations: All lot and buildings shall be in accordance with the following:
i)
The minimum lot area shall be 1.5 hectares;
ii)
The minimum lot frontage shall be 30.0 m;
iii)
The maximum building height shall be 2 storeys or 11.0 m, except that any
building or structure used for the storage of boats shall not exceed a height
of 7.5 m;
iv)
The minimum front yard shall be 45.0 m;
v)
The minimum north side yard shall be 12.0 m;
vi)
The minimum south side yard shall be 4.5 m;
vii) The minimum rear yard shall be 2.0 m; and
viii) The maximum lot coverage shall be 20%.
c)
Section 6.34 c) of this By-law, Setbacks from Inland Watercourses and Municipal
Drains, shall not apply to those lands zoned CT-2 and the required parking and
storage areas shall be in accordance with the corresponding site plan agreement.
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
192
d)
Notwithstanding Section 6.41.1 of this By-law, a minimum of 170 parking spaces
shall be provided on site. However, during the months of October to April, inclusive,
not more than 100 of these parking spaces may be used for outdoor boat storage.
e)
Section 6.12, Balconies, Decks and Patios, shall not apply to lands zoned CT-2.
9.12.3 Recreational/Tourist Commercial Zone Exception 3 (CT-3) (Map 33)
a)
Permitted Uses: A building supply outlet and accessory uses shall be an additional
permitted use.
b)
Zone Regulations: All lot and building requirements for the uses permitted in the CT
zone shall be in accordance with the requirements for the CT zone. The lot and
building requirements for a building supply outlet shall be as it legally existed on the
date of the passing of this By-law.
9.12.4 Tourist / Recreational Commercial Zone Exception 4 (CT-4) (Map 64)
a)
Permitted Uses: A private club and accessory uses shall be the only uses permitted.
9.12.5 Tourist / Recreational Commercial Zone Exception 5 (CT-5) (Map 90 and
Map 92)
a)
Permitted Uses: An antique mall shall be additional permitted uses.
9.12.6 Tourist / Recreational Commercial Zone Exception 6 (CT-6) (Map 83)
a)
Permitted Uses: A private club and accessory structures, including a 27.8 m2 deck
addition to the existing club house.
b)
Zone Regulations: The minimum lot frontage and interior side yard abutting a
residential zone to the north shall be as they legally existed on the date of the
passing of this By-law. This means that an expansion of an existing building or
construction of a new building into the interior side yard abutting a residential zone to
the north will require relief from this by-law, and any change to the lot frontage will
require relief from this by-law.
9.12.7 Tourist / Recreational Commercial Zone Exception 7 (CT-7) (Map 83)
a)
Permitted Uses: Specialty retail shops shall be an additional permitted use.
b)
Zone Regulations: All lot and building requirements for the existing buildings and
structures shall be in accordance with the following:
i)
The minimum lot area shall be 1,300 m2.
ii)
The minimum lot frontage shall be 45.0 m.
iii)
The maximum lot coverage shall be 35%.
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
193
iv)
The minimum front yard shall be 12.0 m.
v)
There shall be no minimum rear yard requirement.
vi)
The minimum side yard shall be 3.0 m.
vii) The maximum building height shall be 10.5 m.
c)
All development shall be subject to site plan control.
9.12.8 Tourist / Recreational Commercial Zone Exception 8 (CT-8) (Map 83)
a)
Permitted Uses: A single detached dwelling and accessory uses shall be an
additional permitted use.
b)
Permitted Buildings and Structures: Buildings and structures for the permitted uses
are permitted.
c)
Zone Regulations: All lot and building requirements for the single detached dwelling
shall be in accordance with the RW2 zone, save and except the front yard setback
shall be a minimum of 14.9 metres.
d)
Other Provisions: Notwithstanding Section 6.5 of the By-law to the contrary, an
accessory garage shall have a front yard setback of 7.5 metres and a maximum size
of 92 m².
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
194
9.13 Neighbourhood Commercial (CN) Zone Exceptions
Notwithstanding any other provisions of this By-law, the special regulations contained in this
Section shall apply to the area or areas defined below and as shown on Schedule A:
9.13.1 Neighbourhood Commercial Zone Exception 1 (CN-1) (Map 64)
a)
Permitted Uses: A parking lot associated with a private club.
9.13.2 Neighbourhood Commercial Zone Exception 2 (CN-2) (Map 74)
a)
Permitted Uses: An automobile service station, an automobile sales establishment, a
specialty workshop that manufactures, stores and sells concrete building and
landscaping products, and accessory buildings or uses, shall be additional permitted
uses.
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
195
9.14 Central Area (CA) Zone Exceptions
Notwithstanding any other provisions of this By-law, the special regulations contained in this
Section shall apply to the area or areas defined below and as shown on Schedule A:
9.14.1 Central Area Exception 1 (CA-1) (Map 33)
a)
Permitted Uses: A multiple dwelling with a maximum of 4 dwelling units and
accessory uses shall be an additional permitted use.
b)
Zone Regulations: Only existing buildings shall be permitted, an expansion of an
existing building or construction of a new building will require relief from this by-law.
9.14.2 Central Area Exception 2 (CA-2) (Map 33)
a)
Permitted Uses: Not more than one (1) dwelling unit in the first storey of the existing
accessory building shall be an additional permitted use.
b)
Zone Regulations: Only existing buildings shall be permitted, an expansion of an
existing building or construction of a new building will require relief from this by-law.
The requirements for the CA zone shall not apply to the existing accessory building.
9.14.3 Central Area Exception 3 (CA-3) (Map 73)
a)
Permitted Uses: One multiple dwelling consisting of not more than 3 dwelling units,
single detached dwellings, converted dwellings and group home dwellings, excluding
group home dwellings operated primarily for persons on probation, released on
parole or admitted for correctional purposes, one home occupation per lot and uses
accessory to the permitted uses shall be the only uses permitted.
b)
Zone Regulations: Only existing buildings shall be permitted, an expansion of an
existing building or construction of a new building will require relief from this by-law.
All lot and building requirements for other uses shall be in accordance with the CA
zone regulations, except that the minimum lot frontage shall be 14 m.
9.14.4 Central Area Exception 4 (CA-4) (Map 33)
a)
Permitted Uses: A medical office shall be an accessory use to the main use at 330
Notre Dame Street and a parking lot at 332 Notre Dame Street shall be an
accessory to the commercial use at 330 Notre Dame Street.
b)
Permitted Buildings and Structures: No buildings or structures shall be permitted on
lands at 332 Notre Dame Street.
c)
Zone Regulations:
i)
The frontage at 330 Notre Dame Street shall be deemed to be Notre Dame
Street.
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
196
ii)
Off-street parking spaces for the uses permitted at 330 Notre Dame Street
and 332 Notre Dame Street may be located on both lands, or in combination,
provided that title to said lands are held by the same owner and there is
registered on title an agreement with the Town to the effect that these
properties will remain in the same ownership until such time as relief from
the off-street parking requirements occur.
iii)
The total number of off-street parking spaces provided on lands at 330 Notre
Dame Street and 332 Notre Dame Street shall be deemed to be the number
required for the uses permitted on lands at 330 Notre Dame Street.
iv)
The total number of off-street parking spaces provided for lands at 330 Notre
Dame Street shall be 92.
9.14.5 Central Area Exception 5 (CA-5) (Map 33)
a)
Zone Regulations:
i)
The lot line abutting Notre Dame Street shall be deemed to be the front lot
line.
ii)
The rear yard for the existing building at 376 Notre Dame Street shall be as it
legally existed on the date of the passing of this By-law.
iii)
The requirement that a 3.0 m buffer be provided where the lot abuts a
residential zone shall not apply.
iv)
Notwithstanding any other provisions of this By-law to the contrary, lands
within the CA-5 zone are deemed to be a single lot for zoning purposes.
v)
The dimensions for a required parking space shall be 2.7 m by 6.0 m.
9.14.6 Central Area Exception 6 (CA-6) (Map 33)
a)
Permitted Uses: A converted dwelling containing a maximum of two (2) dwelling units
shall be an additional permitted use.
9.14.7 Central Area Exception 7 (CA-7) (Map 33)
a)
Permitted Uses: An existing multiple dwelling with a maximum of five (5) dwelling
units.
b)
Zone Regulations: Only existing buildings shall be permitted, an expansion of an
existing building or construction of a new building will require relief from this by-law.
9.14.8 Central Area Exception 8 (CA-8) (Map 64)
a) Zone Regulations: All lot and building requirements for the existing buildings and
structures shall be in accordance with the following:
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
197
i)
The minimum front yard shall be 3.96 m.
ii)
The minimum side yard abutting a public street shall be as existing.
iii)
The minimum rear yard abutting any Residential Zone shall be as existing.
iv)
Off-street parking in accordance with the requirements of this By-law shall be
provided to the rear of the commercial use on Lot 98 of Registered Plan
1257. On-street parking along Maple Avenue immediately adjacent to the
commercial use shall be prohibited.
v)
An accessory residential use shall be permitted in the rear portion of the
principal building.
9.14.9 Central Area Exception 9 (CA-9) (Map 64)
a)
Permitted Uses: Multiple dwellings and accessory uses shall be an additional
permitted use, and may be combined with the commercial uses permitted in
accordance with the CA zone.
b)
Zone Regulations: All lot and building requirements for the existing buildings and
structures shall be in accordance with the following:
i)
The minimum lot area shall be 1,275 m2.
ii)
The minimum lot frontage shall be 19.0 m.
iii)
The minimum front yard shall be 7.5 m.
iv)
The minimum side yard shall be 4.5 m.
v)
The minimum rear yard shall be 7.5 m.
vi)
The maximum gross density shall be 62 units per gross hectare.
vii) The maximum building height shall be 3 storeys.
c)
Commercial uses shall not be permitted above residential uses in a multiple storey
building.
d)
Notwithstanding the foregoing, no dwellings units shall be permitted in conjunction
with automobile service stations or other motor vehicle service establishments.
9.14.10 Central Area Exception 10 (CA-10) (Map 64)
a)
Permitted Uses: A rest home or retirement home or nursing home facility, or some
combination thereof, with not more than 65 beds in total and uses accessory to the
foregoing permitted uses only.
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
198
b)
Zone Regulations: All lot and buildings shall be in accordance with the following
provisions:
i)
The minimum lot area shall be 2,700.0 m2.
ii)
The minimum lot frontage shall be 45.0 m.
iii)
The maximum lot coverage shall be 57%.
iv)
The minimum building height shall be 10.5 m.
v)
The minimum front yard shall be 6.0 m.
vi)
The minimum rear yard shall be 4.0 m.
vii) The minimum westerly side yard shall be 3.0 m.
viii) The minimum easterly side yard shall be 1.5 m.
c)
The required parking shall be 1 space for every 4 beds.
9.14.11 Central Area Exception 11 (CA-11) (Map 64)
a)
Permitted Uses: A two-unit dwelling and accessory uses shall be additional permitted
uses.
9.14.12 Central Area Exception 12 (CA-12) (Map 33)
a)
Zone Regulations: The minimum lot area shall be 200 m2 per dwelling unit.
9.14.13 Central Area Exception 13 (CA-13) (Map 33)
a)
Permitted Uses: Notwithstanding Section 6.19 g), the existing access to an existing
drive-through associated with an existing eating establishment shall be permitted in
the front yard.
9.14.14 Central Area Exception 14 (CA-14) (Map 33)
a)
Permitted Uses: Notwithstanding Subsection 8.6, Central Area Commercial of this
By-law to the contrary, a medical office shall be an additional use.
9.14.15 Central Area Exception 15 (CA-15) (Map 64)
a)
Permitted Uses: A Medical Office and (2) two existing Accessory Dwelling Units
located above the medical office (second storey) shall be an additional permitted use.
b)
Zone Regulations:
i) Section 6.3, Accessory Dwelling Unit provisions shall not apply for the (2) two
existing Accessory Dwelling Units.
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
199
ii)
Notwithstanding Section 6.41.1, Parking Requirements, the minimum number of
required parking spaces shall be twelve (12) parking spaces (includes one (1) space
for persons with disabilities) for the use of a Medical Office and Two Accessory
Dwelling Units.
iii)
Section 6.41.2 h) shall not apply.
iv)
Notwithstanding Section 6.41.2 i), the one-way required parking aisle shall be a
minimum of 4.4 metres.
v)
Section 6.41.3, Loading Regulations shall not apply for the use of a Medical Office.
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
200
Mixed Use (MU) Zone Exceptions
Notwithstanding any other provisions of this By-law, the special regulations contained in this
Section shall apply to the area or areas defined below and as shown on Schedule A:
9.15.1 Mixed Use Exception 1 (MU-1) (Map 4)
a)
Permitted Uses: A commercial recreation establishment shall be an additional
permitted use. In addition, any existing industrial and employment uses will be
permitted.
9.15.2 Mixed Use Exception 2 (MU-2) (Map 3)
a)
Permitted Uses: Large format retail uses shall be an additional permitted use.
9.15.3 Mixed Use Exception 3 (MU-3) (Map 4)
a)
Permitted Uses: Retail establishments with more than 186 m2 of floor area, and
accessory uses shall be additional permitted uses. In addition, any existing industrial
and employment uses will be permitted.
9.15.4 Mixed Use Exception 4 (MU-4) (Map 15)
a)
Permitted Uses: Two single detached dwellings on one lot serviced by a municipal
water supply and municipal sanitary sewage disposal system, one home occupation
per dwelling unit, and uses accessory to the foregoing uses.
9.15.5 Mixed Use Zone Exception 5 (MU-5) (Map 4)
a)
Permitted Uses: Any existing industrial and employment uses and accessory uses
and all uses permitted in the MU zone shall be the uses permitted on lands zoned
MU-5.
b)
Zone Regulations: All lot and building requirements for the uses permitted in the MU
zone shall be in accordance with the MU zone. For existing industrial and
employment uses not explicitly permitted in the MU zone, only existing buildings shall
be permitted, an expansion of an existing building or construction of a new building
will require relief from this by-law.
9.15.6 Mixed Use Exception 6 (MU-6) (Map 4)
a)
Permitted Uses: Retail establishments with more than 186 m2 of floor area and
accessory uses shall be additional permitted uses.
b)
Zone Regulations: Where the lot abuts Croft Drive, the lot line abutting Croft Drive
shall be deemed to be the front lot line, and the minimum front yard shall be 6.0 m.
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
201
9.15.7 Mixed Use Exception 7 (MU-7) (h1) (Map 3)
a)
The development of lands zoned MU-7 shall be subject to site plan control. The
holding (h1) symbol shall not be removed until such time as agreements are
executed regarding the provision of adequate servicing for the type of development
being proposed. Also, access shall be restricted to County Road 22 and/or from new
internal roads to be constructed to the south. The only access permitted from lands
zoned MU-7 onto West Pike Creek Road is a secondary emergency access not to
exceed 9.2 m in width.
9.15.8 Mixed Use Exception 8 (MU-8) (Map 17)
a)
Permitted Uses: A public storage use shall be an additional permitted use.
b)
Zone Regulations: All lot and building requirements shall be in accordance with the
MU zone, except that the minimum interior side yard and minimum rear yard shall be
one half the height of the building. Landscaped open space shall be in accordance
with the site plan agreement.
9.15.9 Mixed Use Exception 9 (MU-9) (Map 4 and Map 5)
a)
Permitted Uses: Retail establishments with more than 186 m2 of floor area and
accessory uses shall be additional permitted uses.
9.15.10 Mixed Use Exception 10 (MU-10) (Map 17)
a)
Permitted Uses: A three unit dwelling and accessory uses.
b)
Zone Regulations: All lot and building requirements shall be as follows:
i)
The minimum lot area shall be 555 m2.
ii)
The minimum lot frontage shall be 18.0 m.
iii)
The maximum lot coverage shall be 30%.
iv)
The minimum front yard depth shall be 7.5 m.
v)
The minimum rear yard depth shall be 10.5 m.
vi)
The minimum side yard width shall be as 3.0 m in the case of an interior or
thorough lot; or, in the case of a corner lot, 6.0 m on the side abutting a
public street and 1.5 m on the other side.
vii) The maximum building height shall be 3 storeys or 10.5 m.
viii) Minimum floor area shall be 70 m2 per dwelling unit.
c)
Maximum density shall be 50 dwelling units per hectare.
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
202
9.15.11 Mixed Use Zone Exception 11 (MU-11) (Map 4)
a)
Zone Regulations: The maximum area for any single retail use shall be 3,350 m2. For
the purposes of this By-law, lands zoned MU-11 are considered to be a single lot.
9.15.12 Mixed Use Exception 12 (MU-12) (Map 4)
a)
Permitted Uses: Retail establishments with more than 185.8 m2 (2,000 ft2) of floor
area; commercial recreation centres; and a parking lot accessory to a permitted
commercial recreation use on those lands zoned MU-18 shall be additional permitted
uses. In addition, any existing industrial and employment uses will be permitted.
b)
Zone Regulations: All lot and building requirements shall be in accordance with the
following:
i)
For the purposes of this By-law, lands zoned MU-18 and MU-12 shall be
considered a single lot for the purpose of providing the minimum number of
250 parking spaces required for a combined miniature golf course / indoor
driving range / outdoor beach volleyball complex located on those lands
zoned MU-18.
ii)
The minimum required parking space dimensions shall be 3 m by 5.79 m.
iii)
The minimum landscaped open space shall be 18% of the lot area.
iv)
The minimum front yard shall be 6 m.
v)
All other lot and building requirements shall be in accordance with the MU
zone.
9.15.13 Mixed Use Exception 13 (MU-13) (Map 15)
a)
Permitted Uses: An existing automobile service station and an existing hardware
store in addition to the uses permitted in the MU zone.
b)
Zone Regulations: Only existing buildings shall be permitted, an expansion of an
existing building or construction of a new building will require relief from this by-law.
9.15.14 Mixed Use Exception 14 (MU-14) (Map 15)
a)
Permitted Uses: A trucking operation and associated general repair shop, wash
bays, offices, trailer parking, storage of stone, sand and dirt in accordance with the
site plan agreement, fuelling facilities and other accessory uses shall be additional
permitted uses.
b)
Zone Regulations: All lot and building requirements for the trucking operation and
associated uses shall be in accordance with the corresponding site plan agreement.
All lot and building requirements for the other uses permitted in the MU zone shall be
in accordance the requirements for the MU zone.
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
203
9.15.15 Mixed Use Exception 15 (MU-15) (Map 15)
a)
Permitted Uses: A two-bay truck service facility, outdoor storage of trucks and other
vehicles and accessory uses including fuelling facilities shall be additional permitted
uses. Outdoor storage of any other materials shall be prohibited.
b)
Zone Regulations: For the existing two-bay truck service facility, only existing
buildings shall be permitted, an expansion of an existing building or construction of a
new building will require relief from this by-law. All requirements for the outdoor
storage of trucks and other vehicles shall be in accordance with the corresponding
site plan agreement. All lot and building requirements for the uses permitted in the
MU zone shall be in accordance with the requirements for the MU zone.
9.15.16 Mixed Use Exception 16 (MU-16) (Map 15)
a)
Permitted Uses: Outdoor storage of trucks and other vehicles, one single unit
dwelling with an office and accessory uses including fuelling facilities shall be
additional permitted uses. Outdoor storage of other materials shall be prohibited.
b)
Zone Regulations: All requirements for the outdoor storage of trucks and other
vehicles shall be in accordance with the corresponding site plan agreement. All lot
and building requirements for the other permitted uses shall be in accordance with
the requirements for the MU zone.
9.15.17 Mixed Use Exception 17 (MU-17) (Map 16)
a)
Permitted Uses: A retirement home and a long term care home shall be additional
permitted uses.
9.15.18 Mixed Use Exception 18 (MU-18) (Map 4)
a)
Permitted Uses: Retail establishments with more than 186 m2 of floor area and
accessory uses shall be additional permitted uses. A miniature golf course and
amusement arcade and accessory uses to the foregoing uses shall also be additional
permitted uses.
b)
Zone Regulations: All lot and building requirements shall be in accordance with the
following:
i)
the minimum required parking space dimensions shall be 3 m by 5.79 m;
ii)
the minimum landscaped open space shall be 18% of the lot area;
iii)
minimum front yard shall be 6.0 m and the lot line abutting Croft Drive shall
be deemed to be the front lot line;
iv)
all other lot and building requirements shall be in accordance with the MU
zone.
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
204
c)
For the purposes of this By-law, lands zoned MU-18 and MU-12 shall be considered
a single lot for the purpose of providing the minimum number of 250 parking spaces
required for a combined miniature golf course / indoor driving range / outdoor beach
volleyball complex located on those lands zoned MU-18.
9.15.19 Mixed Use Exception 19 (MU-19) (Map 17)
a)
Permitted Uses: Light manufacturing, non-effluent producing industrial uses, bulk
sales and wholesale establishments, building supply outlet, tradesman's shops and
contractor's yards, warehousing, service shops, automobile service establishments,
automobile washing establishments, body repair shops, gas bars, eating
establishments and accessory uses shall be additional permitted uses. Only existing
buildings and structures will be permitted.
b)
Zone Regulations: Only existing buildings shall be permitted, an expansion of an
existing building or construction of a new building will require relief from this by-law.
9.15.20 Mixed Use Exception 20 (MU-20) (Map 17)
a)
Permitted Uses: A retirement home and a long term care home shall be an additional
permitted use.
b)
No development can occur unless access to a municipal road is provided.
c)
The setback for a retirement home and a long term care home from the westerly lot
line shall be 235 m.
d)
Section 6.50, Separation of Dwellings from Railways, shall apply to a retirement
home and a long term care home.
9.15.21 Mixed Use Zone Exception 21 (MU-21) (h2) (Map5)
a)
Permitted Uses: Existing uses only until such time as the (h2) is removed. Upon
removal of the (h2), permitted uses shall include religious institutions including places
of worship, assembly halls and cemeteries and accessory uses, in addition to the
uses permitted in the MU zone.
b)
Zone Regulations: Only existing buildings shall be permitted, an expansion of an
existing building or construction of a new building will require relief from this by-law
until such time as the (h2) is removed. Upon removal of the (h2), development shall
be in accordance with the MU zone.
c)
The holding (h2) symbol shall not be removed until such time as appropriate
servicing arrangements, including stormwater management access, road
improvements, railway noise, vibration and safety mitigation measures and any other
agreements required by the Municipality are executed. Existing uses shall be the only
uses permitted in the interim.
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
205
9.15.22 Mixed Use Exception 22 (MU-22) (Map 17)
a)
Permitted Uses: Residential uses shall be permitted above or on the main floor of a
non-automotive use, provided that not more than four apartment type dwelling units
shall be permitted on the main floor of the existing building. All other uses in the MU
zone shall be permitted.
b)
Zone Regulations: Only existing buildings shall be permitted, an expansion of an
existing building or construction of a new building will require relief from this by-law.
9.15.23 Mixed Use Exception 23 (MU-23) (Map 17)
a)
Permitted Uses: A welding shop and an accessory dwelling shall be additional
permitted uses.
b)
Zone Regulations: All lot and building requirements shall be in accordance with the
requirements for the MU zone, and in accordance with the corresponding site plan
agreement.
9.15.24 Mixed Use Exception 24 (MU-24) (Map 17)
a)
Permitted Uses: An automobile repair establishment and accessory dwelling shall be
additional permitted uses.
b)
Zone Regulations: All lot and building requirements shall be in accordance with the
requirements for the MU zone, and in accordance with the corresponding site plan
agreement.
9.15.25 Mixed Use Exception 25 (MU-25) (Map 17 and Map 20)
a)
Permitted Uses: An antique shop, a nursery or tree farm shall be additional permitted
uses.
b)
Zone Regulations: All lot and building requirements shall be in accordance with the
MU zone and the corresponding site plan agreement.
9.15.26 Mixed Use Exception 26 (MU-26) (Map 15)
a)
Permitted Uses: Notwithstanding Subsection 8.6, of this By-law to the contrary, a
light employment use, exclusive of industrial-related uses such as manufacturing,
warehousing, processing, assembly, trucking and storage uses, in compliance with
the permitted uses of the Lakeshore Official Plan "Mixed Use" designation shall be
an additional use.
9.15.27 Mixed Use Exception 27 (MU-27) (Map 16)
a)
Zone Regulations:
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
206
i)
For the purposes of this By-law, lands zoned MU-27 are
considered to be a single lot.
ii)
Notwithstanding Section 8.6, Mixed Use and Section 6.14 h), a
Buffer Strip shall be a minimum 1.5 metres along the rear yard
and as existing, along the interior side yard for existing buildings.
No buffer strip is required for the exterior side yard.
iii) Section 6.17, County Road 22 Street Frontages shall not apply to
lands zoned MU-27.
iv) Notwithstanding Section 6.41.1, Parking Requirements and
Section 6.41.2, Parking Areas and Other Parking Provisions, the
minimum number of parking spaces shall be two hundred and
fifteen (215), which includes three (5) parking spaces for persons
with disabilities.
v)
Notwithstanding Section 6.41.2 e) and g), Parking Areas and
Other Parking Provisions, parking spaces shall be a minimum of
2.8 m in width and 5.7 m in length, and parking spaces for
persons with disabilities shall be a minimum of 4.5 m in width and
5.7 m in length.
vi) A minimum of (1) loading space shall be required.
vii) No waste area enclosure shall be located closer than 5.2 metres
from any residential zone.
9.15.28 Mixed Use Exception 28 (MU-28) (Map 16)
a)
Mixed Use Exception 28 (MU-28) Zone:
No person shall, within the (MU-28) zone, use any lot or erect, alter or
use any building or structure except in accordance with the following
regulations:
b)
Permitted Uses:
The uses permitted in Subsection 7.0 Permitted Uses, Table 7.1, save
and except exclusion of home occupations as it relates to "Apartment
Dwelling". The following residential uses with home occupation will be
additional permitted uses:
i)
semi-detached dwelling;
ii)
duplex dwelling;
iii)
triplex dwelling;
iv)
home occupation for the above permitted uses.
9.15.29 Mixed Use Zone Exception 29 (MU-29) (Map 17)
a) Permitted Uses: A Dwelling, Back-To-Back Townhouse shall be an additional
permitted use. Accessory buildings shall not be permitted. Recreational
Vehicle and Utility Trailer Storage shall also not be permitted.
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
207
b) Zone Regulations:
i) Minimum rear yard setback shall be 4.5 metres;
ii) Minimum interior side yard setback shall be 4.5 metres;
iii) A 4.5 metre buffer strip shall not be required on the rear yard lot line
(east side) along the garbage enclosure;
iv) Section 6.5 d) i), shall not apply as it relates to air conditioning units;
v) Section 6.17, County Road 22 Street Frontages, shall not apply to
front or exterior side yards;
vi) Section 6.20, Dwelling Units Per Lot, shall not apply as it relates to a
Dwelling, Back-To-Back Townhouse in the MU-29 zone exception;
vii) Section 6.41.1, Parking Requirements for a Dwelling, Back-To-Back
Townhouse shall be a minimum of 1.5 parking spaces per dwelling
unit for a total of 15 parking spaces;
viii) Section 6.63, Waste Area Enclosures b) and c) shall not apply.
9.15.30 Mixed Use Zone Exception 30 (MU-30) (Map 3)
a) Zone Regulations:
i) A maximum gross floor area of 5,896.2 m²;
ii) A maximum height of 21.34 metres (70 feet) to the parapet;
iii) A minimum of two (2) loading spaces;
iv) A minimum parking space width of 2.9 metres.
b) All other building requirements shall be in accordance with the requirements of
the MU zone.
9.15.31 Mixed Use Zone Exception 31 (MU-31) (Map 3)
a) Zone Regulations: All building requirements for the apartments and parking
garages shall be in accordance with the following:
i) A maximum gross floor area of 6,972 m² as it relates to the apartment
use;
ii) A maximum height of 19 metres as it relates to the apartment use;
iii) Section 6.52, Setbacks on Streets shall be a minimum of 9 metre
setback from private roads for the apartments and parking garages;
iv) Section 6.41.1, Parking Requirements shall be a minimum of 155
parking spaces for the apartment use;
v) Section 6.5 x), Accessory Uses, Building and Structures shall be a
minimum of 2.5 metre setback for the pavilion from the main
building.
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b) All other building requirements for apartments shall be in accordance with the
requirements of the MU zone.
c) Zone Regulations: All building requirements for the townhouse shall be in
accordance with the following:
i) A minimum lot area of 160 m² per unit;
ii) A minimum lot frontage of 6 metres for interior units, 8.5 metres for
exterior units, and 7.5 metres for exterior units on corner lots;
iii) A maximum lot coverage of 52%;
iv) A minimum landscape open space of 7%;
v) A minimum front yard setback at 0 metres for the townhouse unit and
porch/ steps;
vi) Section 6.52, Setbacks on Streets shall be a minimum of 10 metre
setback from private roads;
vii) Section
6.12,
Balconies,
Decks
and
Patios
Permitted
Encroachments shall be permitted to encroach 2.5 metres into the
rear yard setback;
viii) Notwithstanding Section 6.5, Accessory Uses, Building and
Structures shall not be permitted.
d) All other building requirements for the townhouse dwellings shall be in
accordance with the requirements of the R2 zone.
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
209
9.16 General Employment (M1) Zone Exceptions
Notwithstanding any other provisions of this By-law, the special regulations contained in this
Section shall apply to the area or areas defined below and as shown on Schedule A:
9.16.1 General Employment Zone Exception 1 (M1-1) (Map 4)
a)
Permitted Uses: Shall include stormwater retention facilities. Only existing buildings
and structures shall be permitted.
b)
Zone Regulations: Only existing buildings shall be permitted, an expansion of an
existi9.16.1ng building or construction of a new building will require relief from this
by-law.
9.16.2 General Employment Zone Exception 2 (M1-2) (h2) (Map 7 and Map 11)
a)
Permitted Uses: Existing uses only until such time as the (h2) is removed. Upon
removal of the (h2), permitted uses shall include only non-effluent producing
industrial uses that have a dependency on the rail line, rail-related storage facilities
and uses accessory to the foregoing permitted uses including accessory retail and
office uses.
b)
Zone Regulations: All lot and building requirements shall be in accordance with the
following regulations:
i)
The maximum lot coverage shall be 50%.
ii)
The maximum height of main buildings shall be 10.5 m.
iii)
No building, structure or outdoor storage shall be located closer than 10 m
to any lot line except the south lot line where there is no yard requirement.
iv)
Vehicular access shall be restricted to County Road No. 19.
9.16.3 General Employment Zone Exception 3 (M1-3) (Map 3)
a)
Permitted Uses: An animal clinic shall be an additional permitted use.
9.16.4 General Employment Zone Exception 4 (M1-4) (Map 9)
a)
Permitted Uses: A medical office shall be an additional permitted use.
9.16.5 General Employment Zone Exception 5 (M1-5) (Map 5)
a) Zone Regulations:
i)
Minimum landscape open space at 5%, whereby 20% is required for the M1
Zone;
ii)
Minimum front yard setback at 1 ft (.3 m) whereby 7.5 m is required in the M1
9.0 ZONE EXCEPTIONS
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Council Adopted | January 10, 2012
Modified | December 2, 2019
210
Zone;
iii) Minimum rear yard setback at 2 ft (.6 m) whereby 10 m is required in the M1
Zone;
iv) Section 6.5 Accessory Uses, Buildings and Structures, V, Vii and X shall not
apply;
v)
A minimum of 5 parking spaces (including 1 space for persons with disabilities);
vi) No loading space shall be required for a Public Storage facility;
vii) Section 6.63 Waste Area Enclosures c) shall not apply;
viii) Section 6.41.2 h) shall not apply; and
ix) Section 6.41.2 i) shall not apply and the minimum aisle width between the two
most easterly buildings is required to be 20 ft (6 m).
9.16.6 General Employment Zone Exception 6 (M1-6) (Map 73)
a) Permitted Uses: An office shall be the only permitted use.
b) Zone Regulations: All lot and building requirements for the office shall be in
accordance with the M1 zone.
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
211
9.17 Business Park (M2) Zone Exceptions
Notwithstanding any other provisions of this By-law, the special regulations contained in this
Section shall apply to the area or areas defined below and as shown on Schedule A:
9.17.1 Business Park Zone Exception 1 (M2-1) (h2) (Map 72 and Map 73)
a)
Permitted Uses: Upon removal of the holding (h2), permitted uses shall include the
following:
i)
a motor speedway and motor sport facility;
ii)
entertainment establishments;
iii)
retail establishments;
iv)
hotels and motels;
v)
eating establishments;
vi)
commercial uses permitted in the CS zone;
vii) industrial uses permitted in the M2 zone; and
viii) uses accessory to the foregoing uses, including a dwelling unit in a portion of
a non-residential building, in accordance with the provisions of Section 6.3.
b)
Zone Regulations: All lot and building requirements for the uses permitted in
Subsection 9.17.1 a) shall be in accordance with the following:
i)
The minimum lot area shall be 1,850 m2.
ii)
The minimum lot frontage shall be 30 m.
iii)
The maximum lot coverage (including accessory buildings but not accessory
structures) shall be 50%.
iv)
The minimum front yard shall be 15 m.
v)
The minimum rear yard shall be 15 m.
vi)
The minimum side yard shall be 10 m.
vii) The minimum exterior side yard shall be 10 m.
viii) The maximum building height shall be as it is established in the site plan
agreement.
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
212
9.17.2 Business Park Zone Exception 2 (M2-2) (h2) (Maps 70, 71, 72 and 73)
a)
Permitted Uses: Upon removal of the holding symbol (h2), permitted uses shall
include the following:
i)
A motor speedway and motor sport facility;
ii)
Entertainment facilities;
iii)
Campgrounds;
iv)
Hotels and motels;
v)
Concession stands and eating establishments;
vi)
Auto and auto parts sales and services establishments;
vii) Automobile service station;
viii) Trial production and test facilities for automotive and farm implement
manufacturers;
ix)
Uses permitted in the M2 zone; and
x)
Uses accessory to the foregoing uses, including a dwelling unit in a portion
of a non-residential building, in accordance with the provisions of Section
6.3.
b)
Zone Regulations: All lot and building requirements shall be in accordance with the
following:
i)
Minimum lot area shall be 1,850 m2.
ii)
Minimum lot frontage shall be 30 m.
iii)
Maximum lot coverage (including accessory buildings but not accessory
structures) shall be 50%.
iv)
Minimum front yard shall be 15 m.
v)
Minimum rear yard shall be 15 m.
vi)
Minimum side yard shall be 10 m.
vii) Minimum exterior side yard shall be 10 m.
viii) Maximum building height shall be as it is established in the site plan
agreement.
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
213
9.17.3 Business Park Zone Exception 3 (M2-3) (Map 71 and Map 73)
a)
Permitted Uses: The uses permitted in the CS zone, a motel and all truck related
facilities and accessory uses shall be additional permitted uses.
9.17.4 Business Park Zone Exception 4 (M2-4) (Map 24)
a)
Permitted Uses: Movie studios, automotive uses including repair garages, sales and
service establishments, service stations, washing establishments, gas bars, eating
establishments, hotels, motels, bulk sales and wholesale establishments, lumber
yards, building supply outlets, places of entertainment, trademan's shops,
contractor's yards, warehousing, Laundromats, and accessory uses to the foregoing
uses, shall be additional permitted uses.
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
214
9.18 Major Institutional (I1) Zone Exceptions
Notwithstanding any other provisions of this By-law, the special regulations contained in this
Section shall apply to the area or areas defined below and as shown on Schedule A:
9.18.1 Major Institutional Zone Exception 1 (I1-1) (Map 18 and Map 19)
a)
Permitted Uses: Permitted uses shall include a school, uses of a public authority and
accessory uses only.
b)
Zone Regulations: The minimum interior side yard abutting the westerly limit of the
lot or limit of the I1-1 zone may be 0 m provided that the abutting use of the land to
the west is developed or guised in conjunction with a use by a public authority,
including the Town of Lakeshore. In addition, the parking areas developed or used in
conjunction with a use by a school and a public authority may be 0 m abutting the
westerly limit of the lot or limit of the I1-1 zone. The maximum height of main
buildings shall be 16 m. All other regulations of the I1 zone shall apply.
c)
A parking space shall mean an area measuring 2.7 m by 6 m, exclusive of aisles or
driveways, enclosed in a building or unenclosed, and set aside for the parking of a
vehicle.
9.18.2 Major Institutional Zone Exception 2 (I1-2) (Map 71)
a)
Permitted Uses: Permitted uses shall include a place of worship and accessory uses
only.
9.18.3 Major Institutional Zone Exception 3 (I1-3) (Map 22 and 25)
a)
Permitted Uses: Permitted uses shall include an existing closed waste disposal site
and accessory uses only.
9.18.4 Major Institutional Zone Exception 4 (I1-4) (Map 12)
a) Permitted Uses: A cemetery will be the only permitted use, which will also permit a
columbarium and mausoleum, but will not permit a crematorium.
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
215
9.19 Minor Institutional (I2) Zone Exceptions
Notwithstanding any other provisions of this By-law, the special regulations contained in this
Section shall apply to the area or areas defined below and as shown on Schedule A:
9.19.1 Minor Institutional Zone Exception 1 (I2-1) (h10) (Map 50)
a)
Zone Regulations: All lot and building requirements shall be in accordance with the
following:
i)
Minimum lot frontage shall be 27 m.
ii)
Minimum interior side yard setback for an existing place of worship shall be
2.0 m.
iii)
An existing ornamental statute may be permitted 5.5 m from the front lot line.
b)
Parking may be provided in whole or in part on the easterly abutting property, for
which a permanent parking easement is registered on title.
9.19.2 Minor Institutional Zone Exception 2 (I2-2) (h10) (Map 50)
a)
Zone Regulations: The minimum interior side yard setback for an existing accessory
structure (garage) shall be 1.4 m.
9.19.3 Minor Institutional Zone Exception 3 (I2-3) (Map 15)
a) Minor Institutional Exception 3 (I2-3) Zone:
No person shall, within the (I2-3) zone, use any lot or erect, alter or use any building
or structure except in accordance with the following regulations:
b) Permitted Uses:
The uses permitted in Subsection 7.0 Permitted Uses, Table 7.1 and an Arts and
Cultural Facility as well as the following accessory uses to an Arts and Cultural
Facility which include:
i)
Theatre
ii)
Talent agency
iii) Art studio
iv) Recording studio
v)
Music studio
vi) Photography, dance, yoga
vii) Music, art, cultural education
viii) Cultural activities
ix) Retail, daycare, offices, café, artisan bakery (accessory only to the above uses
i) through viii)
9.0 ZONE EXCEPTIONS
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Council Adopted | January 10, 2012
Modified | December 2, 2019
216
c) Zone Provisions:
In addition to the regulations under Subsection 8.8, Institutional (I2)
zone the lot and building requirements of the (I2-3) zone shall be in
accordance with the following:
i)
A registered easement in favour of the St. Williams's
Cemetery to provide an access to the cemetery.
9.19.4 Minor Institutional Zone Exception 4 (I2-4) (Map 15)
a)
Minor Institutional Exception 4 (I2-4) Zone:
No person shall, within the (I2-4) zone, use any lot or erect, alter or
use any building or structure except in accordance with the following
regulations:
b)
Zone Provisions:
In addition to the regulations under Subsection 8.8, Institutional (I2)
zone the lot and building requirements of the (I2-4) zone shall be in
accordance with the following:
i)
Minimum lot frontage of 0 metres;
ii)
Access through a registered easement.
9.19.5 Minor Institutional Zone Exception 5 (I2-5) (Map 2)
a) Permitted Uses: A fitness centre shall be an additional permitted use.
b) Permitted Buildings and Structures: Buildings and structures for the permitted
uses are permitted.
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
217
9.20 Agriculture (A) Zone Exceptions
Notwithstanding any other provisions of this By-law, the special regulations contained in this
Section shall apply to the area or areas defined below and as shown on Schedule A:
9.20.1 Agriculture Zone Exception 1 (A-1)
a)
Permitted Uses: A single detached dwelling shall be prohibited.
b)
Zone Regulations: The minimum lot area shall be it legally existed on the date of the
passing of this By-law. All other lot and building requirements shall be in accordance
with the A zone.
9.20.2 Agriculture Zone Exception 2 (A-2) (Map 71)
a)
Permitted Uses: The permitted uses shall include only:
i)
A single detached dwelling;
ii)
An existing woodworking shop;
iii)
A home occupation;
iv)
An agricultural home occupation; and
v)
Uses accessory to the foregoing uses.
9.20.3 Agriculture Zone Exception 3 (A-3) (Map 24)
a)
Permitted Uses: A truck or transport terminal and accessory uses.
b)
Zone Regulations: Only existing buildings shall be permitted, an expansion of an
existing building or construction of a new building will require relief from this by-law.
9.20.4 Agriculture Zone Exception 4 (A-4) (Map 27)
a)
Zone Regulations: The minimum lot area shall be 11 ha (27.18 acres).
9.20.5 Agriculture Zone Exception 5 (A-5) (Map 11)
a)
Permitted Uses: Shall be restricted to the following:
i)
an asphalt plant and uses accessory to the asphalt plant including but not
restricted to the production, storage and sale of asphalt and a truck and
transport terminal;
ii)
a portable cement mixing establishment;
iii)
an establishment for the production, storage and sale of commercial
aggregate or aggregate related material. Such an establishment may include
a waste processing facility as defined and approved by the Ministry of
9.0 ZONE EXCEPTIONS
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Council Adopted | January 10, 2012
Modified | December 2, 2019
218
Environment, provided the waste processing facility processes only
aggregate or aggregate related material or material that is to be added to
aggregate material;
iv)
an establishment for the sale and repair of trucks or heavy equipment;
v)
warehousing;
vi)
manufacturing facilities for bricks or concrete products;
vii) a nursery and garden supply centre;
viii) tradesman's shops and contractor's yards; and
ix)
uses accessory to the foregoing permitted uses including offices and retail
wholesale outlets related to permitted uses carried on in the same building.
b)
Zone Regulations: All lot and building requirements shall be in accordance with the A
Zone Regulations and the corresponding Site Plan Agreement. Access to lands
zoned A-5 shall be restricted to County Road 19.
9.20.6 Agriculture Zone Exception 6 (A-6) (Map 11)
a)
Permitted Uses: A single detached dwelling and accessory uses including one home
occupation per dwelling unit.
b)
Zone Regulations: All lot and building requirements shall be in accordance with the A
zone, except that the minimum front yard shall be 9.0 m for the most westerly lot.
9.20.7 Agriculture Zone Exception 7 (A-7) (Map 55)
a)
Permitted Uses: Facilities for the compressing, treating, storage of oil, gas and brine
produced by the operator shall be an additional permitted use.
9.20.8 Agriculture Zone Exception 8 (A-8) (Map 23)
a)
Permitted Uses: A salvage or scrap yard and accessory uses shall be an additional
permitted use.
b)
Zone Regulations: Only existing buildings shall be permitted, an expansion of an
existing building or construction of a new building will require relief from this by-law.
c)
Only existing buildings and structures shall be permitted.
9.20.9 Agriculture Zone Exception 9 (A-9) (Map 69)
a)
Permitted Uses: An existing four-unit multiple dwelling and accessory uses including
one detached garage shall be the only permitted uses.
9.0 ZONE EXCEPTIONS
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Council Adopted | January 10, 2012
Modified | December 2, 2019
219
b)
Zone Regulations: Only existing buildings shall be permitted, an expansion of an
existing building or construction of a new building will require relief from this by-law.
9.20.10 Agriculture Zone Exception 10 (A-10) (Map 22)
a)
Permitted Uses: A commercial grain handling and storage facility and accessory
uses shall be additional permitted uses. Only existing buildings and structures will be
permitted.
b)
Zone Regulations: Only existing buildings shall be permitted, an expansion of an
existing building or construction of a new building will require relief from this by-law.
9.20.11 Agriculture Zone Exception 11 (A-11) (Map 22)
a)
Permitted Uses: Shall include:
i)
a single detached dwelling;
ii)
a private garage;
iii)
the storage of 2 bulldozers, 1 backhoe, 2 tractors, 1 truck, 1 tag along trailer;
iv)
the storage of dirt, fill, sand and gravel used for landscaping purposes; and
v)
the use of part of the single detached building as an office, provided that only
one person resident in the said dwelling, plus one assistant who may or may
not reside in the dwelling, may operate in and from the said office; that not
more than 35% of the total floor area of the dwelling, or a maximum of 18.6
m2 which is the lesser, is devoted to such office use; that there shall be no
advertising other than a plate or sign which is not flashing and is not larger
than 0.1 m2 indicating only the name, occupation, and practicing hours of
the occupant; and that the plate or sign shall be attached and parallel to the
main wall of the dwelling.
b)
Nothing in this By-law shall prevent the replacement of the motor vehicles and
equipment listed as a permitted use in the A-11 zone, provided that such replaced
vehicles or equipment are of a similar kind.
9.20.12 Agriculture Zone Exception 12 (A-12) (Map 36)
a)
Permitted Uses: A woodworking establishment and accessory uses only. Only
existing buildings and structures will be permitted.
b)
Zone Regulations: Only existing buildings shall be permitted, an expansion of an
existing building or construction of a new building will require relief from this by-law.
9.20.13 Agriculture Zone Exception 13 (A-13) (Map 27)
a)
Permitted Uses: A livestock sales, receiving and shipping yard and accessory uses.
9.0 ZONE EXCEPTIONS
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Council Adopted | January 10, 2012
Modified | December 2, 2019
220
b)
Only existing buildings and structures will be permitted.
c)
Zone Regulations: Only existing buildings shall be permitted, an expansion of an
existing building or construction of a new building will require relief from this by-law.
9.20.14 Agriculture Zone Exception 14 (A-14) (Map 28)
a)
Permitted Uses: The display, storage, sale, servicing and repair of prefabricated farm
buildings and structures and related accessories and products, including offices,
showrooms and sales rooms for such items and accessory uses.
b)
Only existing buildings and structures will be permitted.
c)
Zone Regulations: Only existing buildings shall be permitted, an expansion of an
existing building or construction of a new building will require relief from this by-law.
9.20.15 Agriculture Zone Exception 15 (A-15) (Map 25)
a)
Permitted Uses: Shall be the uses permitted in the A zone, provided that an
environmental impact study is completed and proves that the permitted use will not
unduly affect the abutting wetland.
9.20.16 Agriculture Zone Exception 16 (A-16) (Map 30)
a)
Permitted Uses: A canning company and accessory uses shall be an additional
permitted use. Only existing buildings and structures will be permitted.
b)
Zone Regulations: Only existing buildings shall be permitted, an expansion of an
existing building or construction of a new building will require relief from this by-law.
9.20.17 Agriculture Zone Exception 17 (A-17) (Map 30)
a)
Permitted Uses: A drum and barrel restoration business shall be an additional
permitted use. Only existing buildings and structures will be permitted.
b)
Zone Regulations: Only existing buildings shall be permitted, an expansion of an
existing building or construction of a new building will require relief from this by-law.
9.20.18 Agriculture Zone Exception 18 (A-18) (Map 30)
a)
Permitted Uses: A multi unit residential building with not more than five dwelling units
shall be permitted. Only existing buildings and structures will be permitted.
b)
Zone Regulations: Only existing buildings shall be permitted, an expansion of an
existing building or construction of a new building will require relief from this by-law.
9.20.19 Agriculture Zone Exception 19 (A-19) (Map 30)
a)
Zone Regulations: The minimum lot frontage shall be 20 m and the minimum lot area
shall be 77,000 m2 (7.7 hectares).
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
221
9.20.20 Agriculture Zone Exception 20 (A-20) (Map 7)
a)
Permitted Uses: An existing trucking business, including the storage and sale of
earth, topsoil, fill, sand, gravel and stone shall be an additional permitted use. Only
existing buildings and structures shall be permitted.
b)
Zone Regulations: Only existing buildings shall be permitted, an expansion of an
existing building or construction of a new building will require relief from this by-law.
9.20.21 Agriculture Zone Exception 21 (A-21) (Map 72)
a)
Permitted Uses: Notwithstanding Section 7, Table 7.1 or any other provision of this
by-law to the contrary, a single unit dwelling shall be prohibited. All other uses are
permitted.
b)
Permitted Buildings and Structures: Notwithstanding Section 7 or any other provision
of this by-law to the contrary, a single unit dwelling shall be prohibited. Buildings and
structures for the permitted uses are permitted.
c)
Zone Regulations: Notwithstanding Section 8.9 of this By-law to the contrary, the
Minimum Lot Area shall be 14 hectares.
9.20.22 Agriculture Zone Exception 22 (A-22) (Map 7)
a)
Permitted Uses: A contractor's yard including a pole barn contractor, light
manufacturing of trusses, doors and other building products, the retail sale of any of
the items produced from a permitted use including the retail sale of pole barn
accessories and lumber, repair of surgical instruments, a sand blasting operation in a
wholly enclosed building, and the storage of any material related to one of the
permitted uses, shall be an additional permitted use.
b)
Zone Regulations: All lot and building requirements shall be in accordance with the
following:
i) The minimum front yard shall be 7.5 m.
ii) The minimum rear yard shall be 7.5 m.
iii) The minimum side yard shall be 7.5 m.
iv) The maximum building height shall be 12 m.
c)
The portion of the subject property that is allowed to be used for the non-agricultural
permitted uses will be in accordance with the corresponding Site Plan Control
Agreement.
9.0 ZONE EXCEPTIONS
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Council Adopted | January 10, 2012
Modified | December 2, 2019
222
9.20.23 Agriculture Zone Exception 23 (A-23) (Map 22)
a)
Permitted Uses: A truck maintenance, repair and dispatch operation shall be
additional permitted uses. A single detached dwelling shall not be permitted.
b)
Zone Regulations: All lot and building requirements shall be in accordance with the
requirements for the A zone and the corresponding Site Plan Agreement.
9.20.24 Agriculture Zone Exception 24 (A-24) (Map 25)
a)
Permitted Uses: A restoration facility shall be an additional permitted use.
b)
The portion of the subject property that is allowed to be used for the permitted non-
agricultural uses shall be in accordance with the corresponding Site Plan Agreement.
9.20.25 Agriculture Zone Exception 25 (A-25) (Map 9 and Map 13)
a)
Permitted Uses: A trucking operation and accessory uses shall be an additional
permitted use.
b)
The portion of the subject property that is allowed to be used for the non-agricultural
permitted uses will be in accordance with the corresponding site plan agreement.
9.20.26 Agriculture Zone Exception 26 (A-26) (Map 88)
a)
Permitted Uses: An in-ground municipal water storage reservoir and pumping station
and accessory uses shall be an additional permitted use.
9.20.27 Agriculture Zone Exception 27 (h2) (A-27) (Map 69)
a)
Permitted Uses: A Marihuana For Medical Purposes Production Facility shall be the
only permitted use.
b)
Permitted Buildings and Structures: Only existing buildings and structures shall be
permitted. An expansion of an existing building or structure or construction of a new
building or structure will require relief from this By-law.
c)
Zone Regulations: Section 6.32.1 k) does not apply to existing buildings and
structures.
9.20.28 Agriculture Zone Exception 28 (A-28) (Map 21)
a)
Permitted Uses: The exterior parking of 10 employee vehicles and 2 commercial
vehicles associated with an existing foundation water-proofing and excavation
business and the parking of 3 commercial vehicles within an existing building shall be
additional permitted uses.
b)
Zone Regulations: Only existing buildings shall be permitted, an expansion of an
existing building or construction of a new building will require relief from this by-law.
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
223
9.20.29 Agriculture Zone Exception 29 (A-29) (Map 69)
a)
Zone Regulations: The minimum lot area shall be 12.0 hectares and the minimum lot
frontage shall be 140.0 m.
9.20.30 Agriculture Zone Exception 30 (A-30)(Map 86)
a)
Permitted Uses: A new single detached dwelling shall be prohibited.
b)
Zone Regulations: The minimum lot area shall be 6.8 ha.
9.20.31 Agriculture Zone Exception 31 (A-31) (Map 90)
a)
Permitted Uses: A waste processing facility shall be an additional permitted use.
Only buildings and structures legally existing on the date of passing of this By-law
are permitted. An expansion of an existing building or construction of a new building
will require relief from this by-law. Notwithstanding the above, a 222.5 m2 addition to
the rear of the existing main building will be permitted. Outdoor storage of material
not associated with an agricultural use is not permitted.
9.20.32 Agriculture Zone Exception 32 (A-32) (Map 29)
a)
Permitted Uses: Two dwellings shall be an additional permitted use until March 23,
2012. Following the expiration of the Temporary Use By-law, only one dwelling shall
be permitted.
9.20.33 Agriculture Zone Exception 33 (A-33) (Map 29)
a)
Zone Regulations: The minimum lot area shall be 16.75 hectares.
9.20.34 Agriculture Zone Exception 34 (A-34) (Map 95)
a)
Permitted Uses: A church and accessory uses thereto shall be additional permitted
uses.
9.20.35 Agriculture Zone Exception 35 (A-35) (Map 78)
a)
Permitted Uses: An excavation business shall be an additional permitted use.
9.20.36 Agriculture Zone Exception 36 (A-36) (Map 45 and 51)
a)
Permitted Uses: A nursery and landscaping establishment which includes the
preparation and treatment of wood chips for resale shall be an additional permitted
use.
b)
Zone Regulations: All lot and building requirements for the permitted uses shall be in
accordance with requirements for the A zone and the corresponding site plan
agreement.
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
224
9.20.37 Agriculture Zone Exception 37 (A-37) (Map 80)
a)
Permitted Uses: The storage of liquid oxygen, oxygen concentrators and associated
items such as masks and tanks within a shed are additional permitted uses.
9.20.38 Agriculture Zone Exception 38 (A-38) (Map 31)
a)
Zone Regulations: The minimum front yard of the dwelling shall be as it existed on
the date of the passing of this By-law.
9.20.39 Agriculture Zone Exception 39 (A-39) (Map 70)
a)
Zone Regulations: The minimum lot area shall be 3.6 hectares.
9.20.40 Agriculture Zone Exception 40 (A-40) (Map 70)
a)
Permitted Uses: Two single detached dwellings on one lot shall be an additional
permitted use.
9.20.41 Agriculture Zone Exception 41 (A-41) (Map 87)
a)
Zone Regulations: The minimum lot area shall be 6.07 hectares.
9.20.42 Agriculture Zone Exception 42 (A-42) (Map 82)
a)
Permitted Uses: A private club, seasonal dwelling and accessory uses thereto shall
be the only uses permitted. Only existing buildings and structures shall be permitted.
9.20.43 Agriculture Zone Exception 43 (A-43) (Map 61)
a)
Permitted Uses: A tool and die manufacturing plant. Existing buildings and structures
will be permitted.
9.20.44 Agriculture Zone Exception 44 (A-44) (Map 89)
a)
Permitted Uses: A private club shall be an additional permitted use.
9.20.45 Agriculture Zone Exception 45 (A-45) (Map 81, 87 and 90)
a)
Permitted Uses: A municipal sewage treatment facility including lagoons and
accessory uses shall be additional permitted uses.
9.20.46 Agriculture Zone Exception 46 (A-46) (Map 82 and 87)
a)
Permitted Uses: A single detached dwelling, a contractor's yard including a machine
shop for the repair of related equipment and the outdoor storage of contractor's
equipment and materials including the stockpiling of dirt and stone and uses
accessory thereto shall be the only uses permitted.
9.0 ZONE EXCEPTIONS
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Council Adopted | January 10, 2012
Modified | December 2, 2019
225
b)
Zone Regulations: The minimum lot frontage shall be 161.5 m and the minimum lot
area shall be 1.7 hectares.
9.20.47 Agriculture Zone Exception 47 (A-47) (Map 76)
a)
Permitted Uses: An observatory shall be an additional permitted use. All lot and
building requirements shall be in accordance with the site plan agreement.
9.20.48 Agriculture Zone Exception 48 (A-48) (Map 86)
a)
Zone Regulations: The minimum lot area shall be 7.0 hectares.
9.20.49 Agriculture Zone Exception 49 (A-49) (Map 90)
a)
Permitted Uses: A four unit multi dwelling. Only existing buildings and structures shall
be permitted.
9.20.50 Agriculture Zone Exception 50 (A-50) (Map 89)
a)
Permitted Uses: A duplex dwelling shall be an additional permitted use.
9.20.51 Agriculture Zone Exception 51 (A-51) (Map 94)
a)
Permitted Uses: A salvage or scrap yard, including an automobile wrecking yard and
uses accessory thereto. Only existing buildings and structures will be permitted.
9.20.52 Agriculture Zone Exception 52 (A-52) (Map 67)
a)
Permitted Uses: A machine repair shop shall be an additional permitted use.
b)
Zone Regulations: All lot and building requirements shall be in accordance with the A
Zone and the corresponding site plan agreement.
9.20.53 Agriculture Zone Exception 53 (A-53) (Map 67)
a)
Permitted Uses: A golf driving range shall be an additional permitted use.
b)
A minimum of one parking space per 1.25 golf tee stations shall be required for the
golf driving range use.
c)
All other provisions applying to lands zoned A shall also apply.
9.20.54 Agriculture Zone Exception 54 (A-54) (Map 68)
a)
Permitted Uses: A model home sales and display centre consisting of not more than
two model homes on a sanitary holding tank and accessory uses shall be an
additional permitted use. Conversion of the model homes to single unit dwellings are
not permitted on the sanitary holding tanks.
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
226
b)
Zone Regulations: All lot and building requirements shall be in accordance with the
provisions for the A zone unless established otherwise in the site plan control
agreement. The parking requirements shall be in accordance with the site plan
control agreement.
9.20.55 Agriculture Zone Exception 55 (A-55) (Map 96)
a)
Zone Regulations: The minimum front yard setback for an existing single detached
dwelling shall be 7 m.
9.20.56 Agriculture Zone Exception 56 (A-56) (Map 70)
a)
Zone Regulations: The minimum front yard setback for an existing single detached
dwelling shall be 7.5 m and the minimum westerly side yard of an existing accessory
structure shall be 1.0 m.
9.20.57 Agriculture Zone Exception 57 (A-57) (Map 21)
a)
Zone Regulations: The minimum lot area shall be 18.67 ha.
9.20.58 Agriculture Zone Exception 58 (A-58) (Map 31)
a)
Permitted Uses: A single detached dwelling shall be prohibited.
b)
Zone Regulations: The minimum lot area shall be 13.7 ha.
9.20.59 Agriculture Zone Exception 59 (A-59) (Map 70)
a)
Permitted Uses: Shall include only a single detached dwelling, a home occupation,
and a group home dwelling which does not include a group home dwelling
maintained and operated primarily for the care of or occupation by inmates or
persons placed on probation or released on parole or for any other correctional
purpose, plus accessory uses to the foregoing permitted uses.
b)
Zone Regulations: The minimum lot frontage and minimum lot area shall be as it
existed on the date of the passing of this By-law.
9.20.60 Agriculture Zone Exception 60 (A-60) (Map 24)
a)
Zone Regulations: A dwelling shall be located in accordance with the Minimum
Distance Separation I Formula, including the Minimum Distance Separation Formula
Guidelines.
9.20.61 Agriculture Zone Exception 61 (A-61) (Maps 43 and 44)
a)
Permitted Uses: Shall include only a single detached dwelling, a maximum of one
home occupation and accessory uses.
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
227
9.20.62 Agriculture Zone Exception 62 (A-62) (Map 94)
a)
Permitted Uses: Notwithstanding Subsection 7, Table 7.1 or any other provision of
this by-law to the contrary, a single unit dwelling shall be prohibited. All other uses
are permitted.
b)
Permitted Buildings and Structures: Notwithstanding Subsection 7 or any other
provision of this by-law to the contrary, a single unit dwelling shall be prohibited.
Buildings and structures for the permitted uses are permitted.
c)
Zone Regulations: i) Notwithstanding Subsection 8.9 of this By-law to the contrary,
the Minimum Lot Area shall be 8.82 hectares and the Minimum Lot Frontage shall be
30.48 metres.
9.20.63 Agriculture Zone Exception 63 (A-63) (Map 94)
a)
Permitted Uses: Uses permitted in Subsection 7, Table 7.1 (a) Residential Uses
b)
Permitted Buildings and Structures: i) Buildings and structures for the permitted
uses; ii) Accessory buildings and structures for the permitted uses.
c)
Zone Regulations: Notwithstanding Subsection 8.9 of this By-law to the contrary,
the Minimum Front Yard Setback for the main building shall be 8.2 metres.
9.20.64
Agriculture Zone Exception 64 (A-64) (Map 68)
a) Zone Provisions: Notwithstanding Subsection 8.9 of this By-Law to the contrary,
the Minimum Front Yard Setback for the main building shall be 10.26 metres.
9.20.65 Agriculture Zone Exception 65 (A-65) (Maps 26 and 39)
a) Permitted Uses: Notwithstanding Subsection 7, Table 7.1 (a) Residential Uses and
Subsection 8.9, Agriculture Zone regulations or any other provisions of this by-law
to the contrary, a single detached dwelling shall be prohibited.
b) Permitted Buildings and Structures: Notwithstanding Subsection 7, Table 7.1 (a)
Residential Uses and Subsection 8.9, Agriculture Zone regulations or any other
provision of this by-law to the contrary, a single detached dwelling shall be prohibited.
Buildings and structures for the permitted uses are permitted.
c)
Zone Regulations: Notwithstanding Subsection 8.9, Agriculture Zone regulations or
any other provision of this by-law to the contrary, the minimum lot area shall be 16.77
hectares.
9.20.66 Agriculture Zone Exception 66 (A-66) (Maps 26 and 39)
a) Permitted Uses: Uses permitted in Subsection 7, Table 7.1 (a) Residential
Uses.
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
228
b) Permitted Buildings and Structures:
i)
Buildings and structures for the permitted uses;
ii) Accessory buildings and structures for the permitted uses.
c)
Zone Regulations: Notwithstanding Subsection 8.9, Agriculture Zone regulations
of this By-law to the contrary, the Minimum Front Yard Setback for the main
building shall be 11.25 metres.
9.20.67 Agriculture Zone Exception 67 (A-67) (Map 77)
a) Permitted Uses: Uses permitted in Subsection 7, Table 7.1 (a) Residential
Uses
b)
Permitted Buildings and Structures:
i)
Buildings and structures for the permitted uses;
ii) Accessory buildings and structures for the permitted uses.
c)
Zone Regulations: All lot and building requirements for the permitted buildings and
structures shall be in accordance with Subsection 8.9, Agriculture Zone regulations of
this By-law, except as follows:
i) Minimum Lot Area shall be 2,210 m²;
ii) Front Yard Setback for the main building shall be 1.95 metres;
iii) Exterior Side Yard Setback for the main building shall be 4.66 metres.
9.20.68 Agriculture Zone Exception 68 (A-68) (Maps 24, 27 and 28)
a) Permitted Uses
i) Uses permitted in Subsection 7, Table 7.1 (a) Residential Uses;
ii) (2) Two horses within an existing accessory structure.
b) Permitted Buildings and Structures
i) Buildings and structures for the permitted uses;
ii) Accessory buildings and structures for the permitted uses.
9.20.69
Agriculture Zone Exception 69 (A-69) (Maps 24, 27 and 28)
a)
Permitted Uses: Notwithstanding Subsection 7, Table 7.1 or any other provision of
this by-law to the contrary, a single unit dwelling shall be prohibited. All other uses
are permitted.
b)
Permitted Buildings and Structures: Notwithstanding Subsection 7 or any other
provision of this by-law to the contrary, a single unit dwelling shall be prohibited.
Buildings and structures for the permitted uses are permitted.
c)
Zone Regulations:
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
229
i) Notwithstanding Subsection 8.9 of this By-law to the contrary, the Minimum Lot
Area shall be 16.72 hectares.
9.20.70
Agriculture Zone Exception 70 (A-70) (Map 68)
a)
Permitted Uses: Uses permitted in Subsection 7, Table 7.1 (a) Residential Uses.
b)
Permitted Buildings and Structures:
i) Buildings and structures for the permitted uses;
ii) Accessory buildings and structures for the permitted uses.
c) Zone Regulations: Notwithstanding Subsection 8.9, Agriculture Zone regulations of
this By-law to the contrary, the Minimum Front Yard Setback for the main building
shall be 12 metres.
9.20.71
Agriculture Zone Exception 71 (A-71) (Maps 42 & 57)
a)
Zone Regulations:
i) Notwithstanding Subsection 8.9 of this By-law to the contrary, the Minimum Lot
Area shall be 37.6 hectares.
9.20.72
Agriculture Zone Exception 72 (A-72) (Map 57)
a)
Zone Regulations:
i) Notwithstanding Subsection 8.9 of this By-Law to the contrary, the Minimum Lot
Area shall be 10.1 hectares.
9.20.73
Agriculture Zone Exception 73 (A-73) (Map 56)
a)
Permitted Uses: Uses permitted in Subsection 7, Table 7.1 (a) Residential Uses.
b)
Permitted Buildings and Structures:
i) Buildings and structures for the permitted uses;
ii) Accessory buildings and structures for the permitted uses.
c) Zone Regulations: Notwithstanding Subsection 8.9, Agriculture (Residential Lots)
Zone regulations of this By-law to the contrary, the Minimum Lot Area shall be
2,529 m2 (.63 acres) and the Front Yard Setback for the main building shall be 7.5
metres (25 feet).
9.20.74
Agriculture Zone Exception 74 (A-74) (Map 21)
a)
Permitted Uses: Uses permitted in Subsection 7, Table 7.1 (a) Residential Uses.
b)
Permitted Buildings and Structures:
i) Buildings and structures for the permitted uses;
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
230
ii) Accessory buildings and structures for the permitted uses.
c) Zone Regulations: Notwithstanding Subsection 8.9, Agriculture (Residential Lots)
Zone regulations of this By-law to the contrary, the Front Yard Setback for the main
building shall be 13.1 metres (43 feet).
9.20.75 Agriculture Zone Exception 75 (A-75) (Map 68)
a)
Zone Regulations:
i) Notwithstanding Subsection 8.9 of this By-law to the contrary, the Minimum Lot
Frontage shall be 68.37 metres and the Minimum Lot Area shall be 17.161 hectares.
9.20.76 Agriculture Zone Exception 76 (A-76) (Map 28)
a)
Permitted Uses: Uses permitted in Subsection 7, Table 7.1 (a) Residential Uses.
b)
Permitted Buildings and Structures:
i) Buildings and structures for the permitted uses;
ii) Accessory buildings and structures for the permitted uses.
c)
Zone Regulations: Notwithstanding Subsection 6.5 a) vii), Accessory Uses,
Buildings and Structures within the General Provisions of this By-law, the Minimum
West Side Yard Setback for the above ground pool shall be 0.609 m (2 feet).
9.20.77 Agriculture Zone Exception 77 (A-77) (Map 21)
a) Permitted Uses: Notwithstanding Section 7, Table 7.1 or any other provision of this
by-law to the contrary, a single unit dwelling shall be prohibited. All other uses are
permitted.
b)
Permitted Buildings and Structures: Notwithstanding Section 7 or any other
provision of this by-law to the contrary, a single unit dwelling shall be prohibited.
Buildings and structures for the permitted uses are permitted.
c) Zone Regulations:
i) Notwithstanding Section 8.9 of this by-law to the contrary, the Minimum Lot Area
shall be 17.3 hectares.
9.20.78
Agriculture Zone Exception 78 (A-78) (Map 24)
a) Permitted Uses:
i) Notwithstanding Section 8.9, Agriculture Zone Regulations, for Residential Lots
in an Agriculture Zone, Permitted Uses shall also include a maximum of two (2)
miniature donkeys and one (1) miniature horse and accessory buildings and
structures for same.
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
231
9.20.79 Agriculture Zone Exception 79 (A-79) (Map 89)
a)
Permitted Uses:
i)
Notwithstanding Section 8.9, Agriculture Zone Regulations, for Residential
Lots in an Agriculture Zone, Permitted Uses shall also include (2) existing
single detached dwellings and accessory buildings and structures for same.
9.20.80
Agriculture Zone Exception 80 (A-80) (Map 66)
a)
Permitted Uses: Notwithstanding Section 7, Table 7.1 or any other provision of
this by-law to the contrary, a single unit dwelling shall be prohibited. All other uses
are permitted.
b)
Permitted Buildings and Structures: Notwithstanding Section 7 or any other
provision of this by-law to the contrary, a single unit dwelling shall be prohibited.
Buildings and structures for the permitted uses are permitted.
c) Zone Regulations:
i)
Notwithstanding Section 8.9 of this By-law to the contrary, the Minimum Lot
Area shall be 18.2 hectares and the Minimum Lot Frontage shall be 74
metres.
9.20.81
Agriculture Zone Exception 81 (A-81) (Map 21)
a)
Permitted Uses: Notwithstanding Section 7, Table 7.1 or any other provision of
this by-law to the contrary, a single unit dwelling shall be prohibited. All other uses
are permitted.
b)
Permitted Buildings and Structures: Notwithstanding Section 7 or any other
provision of this by-law to the contrary, a single unit dwelling shall be prohibited.
Buildings and structures for the permitted uses are permitted.
c)
Zone Regulations:
a) Notwithstanding Section 8.9 of this By-law to the contrary, the Minimum Lot
Area shall be 17.6 hectares.
9.20.82 Agriculture Zone Exception 82 (A-82) (Map 28)
a)
Permitted Uses: Notwithstanding Section 7, Table 7.1 or any other provision of this
by-law to the contrary, a single unit dwelling shall be prohibited. All other uses are
permitted.
b)
Permitted Buildings and Structures: Notwithstanding Section 7 or any other
provision of this by-law to the contrary, a single unit dwelling shall be prohibited.
Buildings and structures for the permitted uses are permitted.
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
232
c)
Zone Regulations: Notwithstanding Section 8.9 of this By-law to the contrary,
the Minimum Lot Area shall be 17.8 hectares.
9.20.83 Agriculture Zone Exception 83 (A-83) (Map 77)
a) Permitted Uses:
i) Uses permitted in Subsection 7, Table 7.1 (a) Residential Uses;
ii) (3) Three horses within an existing accessory structure.
b)
Permitted Buildings and Structures:
i) Buildings and structures for the permitted uses;
ii) Accessory buildings and structures for the permitted uses.
9.20.84 Agriculture Zone Exception 84 (A-84) (Map 77)
a) Permitted Uses:
Notwithstanding Section 7, Table 7.1 or any other provision of this by-law to the
contrary, a single unit dwelling shall be prohibited. All other uses are permitted.
b)
Permitted Buildings and Structures:
Notwithstanding Section 7 or any other provision of this by-law to the contrary, a
single unit dwelling shall be prohibited. Building and structures for the permitted
uses are permitted.
9.20.85 Agriculture Zone Exception 85 (A-85) (Map 92)
a) Permitted Uses:
Notwithstanding Section 7, Table 7.1 or any other provision of this by-law to the
contrary, a single unit dwelling shall be prohibited. All other uses are permitted.
b)
Permitted Buildings and Structures:
Notwithstanding Section 7 or any other provision of this by-law to the contrary, a
single unit dwelling shall be prohibited. Building and structures for the permitted
uses are permitted.
9.20.86 Agriculture Zone Exception 86 (A-86) (Map 29)
a) Permitted Uses:
Notwithstanding Section 7, Table 7.1 or any other provision of this by-law to the
contrary, a single unit dwelling shall be prohibited. All other uses are permitted.
b)
Permitted Buildings and Structures:
Notwithstanding Section 7 or any other provision of this by-law to the contrary, a
single unit dwelling shall be prohibited. Building and structures for the permitted
uses are permitted.
c)
Zone Regulations:
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
233
Notwithstanding Section 8.9 of this By-law to the contrary, the Minimum Lot Area
shall be 8.7 hectares.
9.20.87 Agriculture Zone Exception 87 (A-87) (Map 93)
a)
Permitted Uses: Notwithstanding Section 7, Table 7.1 or any other provision of
this by-law to the contrary, a single unit dwelling shall be prohibited. All other
uses are permitted.
b)
Permitted Buildings and Structures
Notwithstanding Section 7 or any other provision of this by-law to the contrary,
a single unit dwelling shall be prohibited. Buildings and structures for the
permitted uses are permitted.
c)
Zone Regulations
Notwithstanding Section 8.9 of this By-law to the contrary, the Minimum Lot
Area shall be 7.28 hectares.
9.20.88 Agriculture Zone Exception 88 (A-88) (Map 94)
a)
Zone Regulations
Notwithstanding Section 8.9 of this By-law to the contrary, the Minimum Lot
Area shall be 17.66 hectares.
9.20.89 Agriculture Zone Exception 89 (A-89) (Maps 41 & 57)
a) Permitted Uses: Notwithstanding Section 7, Table 7.1 or any other provision of
this by-law to the contrary, a single unit dwelling shall be prohibited. All other
uses are permitted.
b) Permitted Buildings and Structures: Notwithstanding Section 7 or any other
provision of this by-law to the contrary, a single unit dwelling shall be
prohibited. Buildings and structures for the permitted uses are permitted.
c)
Zone Regulations: Notwithstanding Section 8.9 of this By-law to the contrary,
the minimum lot area shall be 6.86 hectares and the minimum lot frontage
shall be 20 metres.
9.20.90 Agriculture Zone Exception 90 (A-90) (Map 44)
a) Zone Regulations: Notwithstanding Section 8.9 of this By-law to the contrary,
the Minimum Lot Frontage shall be 59 metres.
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
234
9.20.91 Agriculture Zone Exception 91 (A-91) (Map 44)
a) Zone Regulations: Any new dwelling construction is to meet the Minimum Distance
Separation 1 Formula, including the Minimum Distance Separation Guidelines.
9.20.92 Agriculture Zone Exception 92 (A-92) (Map 27)
a) Permitted Uses: Notwithstanding Section 7, Table 7.1 or any other provision of this by-
law to the contrary, a single unit dwelling shall be prohibited. All other uses are
permitted.
b) Permitted Buildings and Structures: Notwithstanding Section 7 or any other provision
of this by-law to the contrary, a single unit dwelling shall be prohibited. Buildings and
structures for the permitted uses are permitted.
c) Zone Regulations: Notwithstanding Section 8.9 of this By-law to the contrary, the
Minimum Lot Area shall be 11.9 hectares.
9.20.93 Agriculture Zone Exception 93 (A-93) (Map 30)
a) Permitted Uses: Notwithstanding Section 7, Table 7.1 or any other provision of this by-
law to the contrary, a single unit dwelling shall be prohibited. All other uses are
permitted.
b) Permitted Buildings and Structures: Notwithstanding Section 7 or any other provision
of this by-law to the contrary, a single unit dwelling shall be prohibited. Buildings and
structures for the permitted uses are permitted.
c) Zone Regulations: Notwithstanding Section 8.9 of this By-law to the contrary, the
Minimum Lot Area shall be 11 hectares.
9.20.94 Agriculture Zone Exception 94 (A-94) (Map 23)
a) Zone Regulations
Notwithstanding Section 8.9 of this By-law to the contrary, the Minimum Lot Area shall
be 11.5 hectares.
9.20.95 Agriculture Zone Exception 95 (A-95) (Map 24)
a) Permitted Uses: A film studio will be an additional permitted use.
b) The additional use of a film studio shall not be permitted following the expiration of the
Temporary Use By-law 58-2017 on July 11th, 2020. On or from the day after the
expiration date referred to in this clause, Subsection 34(9)(a) of the Planning Act,
R.S.O. 1990, c.P.13, does not apply so as to permit the continued use of the land for
the purpose temporary authorized.
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
235
9.20.96
Agriculture Zone Exception 96 (A-96) (Map 53)
a) Permitted Uses: Notwithstanding Section 7, Table 7.1 or any other provision of this by-
law to the contrary, a single unit dwelling shall be prohibited. All other uses are
permitted.
b) Permitted Buildings and Structures: Notwithstanding Section 7 or any other provision
of this by-law to the contrary, a single unit dwelling shall be prohibited. Buildings and
structures for the permitted uses are permitted.
c) Zone Regulations: Notwithstanding Section 8.9 of this By-law to the contrary, the
Minimum Lot Area shall be 6 hectares.
9.20.97
Agriculture Zone Exception 97 (A-97) (Map 63 & 66)
a) Permitted Uses: Notwithstanding Section 7, Table 7.1 or any other provision of this by-
law to the contrary, a single unit dwelling shall be prohibited. All other uses are
permitted.
b) Permitted Buildings and Structures: Notwithstanding Section 7 or any other provision
of this by-law to the contrary, a single unit dwelling shall be prohibited. Buildings and
structures for the permitted uses are permitted.
c) Zone Regulations: Notwithstanding Section 8.9 of this By-law to the contrary, the
Minimum Lot Area shall be 8.5 hectares and the Minimum Lot Frontage shall be 57
metres.
9.20.98
Agriculture Zone Exception 98 (A-98) (Map 26)
a) Permitted Uses: Notwithstanding Section 7, Table 7.1 or any other provision of this by-
law to the contrary, a single unit dwelling shall be prohibited. All other uses are
permitted.
b) Permitted Buildings and Structures: Notwithstanding Section 7 or any other provision
of this by-law to the contrary, a single unit dwelling shall be prohibited. Buildings and
structures for the permitted uses are permitted.
c) Zone Regulations: Notwithstanding Section 8.9 of this By-law to the contrary, the
Minimum Lot Area shall be 16.3 hectares.
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
236
9.20.99
Agriculture Zone Exception 99 (A-99) (Map 50)
a) Permitted Uses: Notwithstanding Section 7, Table 7.1 or any other provision of this by-
law to the contrary, a single unit dwelling shall be prohibited. All other uses are
permitted.
b) Permitted Buildings and Structures: Notwithstanding Section 7 or any other provision
of this by-law to the contrary, a single unit dwelling shall be prohibited. Buildings and
structures for the permitted uses are permitted.
c) Zone Regulations: Notwithstanding Section 8.9 of this By-law to the contrary, the
Minimum Lot Frontage shall be 25 metres.
9.20.100
Agriculture Zone Exception 100 (A-100) (Map 80)
a) Permitted Uses: Notwithstanding Section 7, Table 7.1 or any other provision of this by-
law to the contrary, a single unit dwelling shall be prohibited. All other uses are
permitted.
b) Permitted Buildings and Structures: Notwithstanding Section 7 or any other provision
of this by-law to the contrary, a single unit dwelling shall be prohibited. Buildings and
structures for the permitted uses are permitted.
c) Zone Regulations: Notwithstanding Section 8.9 of this By-law to the contrary, the
Minimum Lot Area shall be 17 hectares.
9.20.101
Agriculture Zone Exception 101 (A-101) (Map 32)
a) Permitted Uses: Notwithstanding Section 7, Table 7.1 or any other provision of this by-
law to the contrary, a single unit dwelling shall be prohibited. All other uses are
permitted.
b) Permitted Buildings and Structures: Notwithstanding Section 7 or any other provision
of this by-law to the contrary, a single unit dwelling shall be prohibited. Buildings and
structures for the permitted uses are permitted.
c) Zone Regulations: Notwithstanding Section 8.9 of this By-law to the contrary, the
Minimum Lot Area shall be 9 hectares.
9.20.102
Agriculture Zone Exception 102 (A-102) (Map 91)
a) Permitted Uses: Notwithstanding Section 7, Table 7.1 or any other provision of this by-
law to the contrary, a single unit dwelling shall be prohibited. All other uses are
permitted.
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
237
b) Permitted Buildings and Structures: Notwithstanding Section 7 or any other
provision of this by-law to the contrary, a single unit dwelling shall be
prohibited. Buildings and structures for the permitted uses are permitted.
c) Zone Regulations: Notwithstanding Section 8.9 of this By-law to the contrary,
the Minimum Lot Area shall be 9 hectares.
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
238
9.21 Parks and Open Space (P) Zone Exceptions
Notwithstanding any other provisions of this By-law, the special regulations contained in this
Section shall apply to the area or areas defined below and as shown on Schedule A:
9.21.1 Parks and Open Space Zone Exception 1 (P-1) (Map 42)
a)
Permitted Uses: A library, community centre and day care centre shall be additional
permitted uses.
b)
Zone Regulations: Only existing buildings shall be permitted, an expansion of an
existing building or construction of a new building will require relief from this by-law.
9.21.2 Parks and Open Space Zone Exception 2 (P-2) (Map 85)
a)
Permitted Uses: The uses permitted shall be in accordance with the P zone, except
that tennis courts, swimming pools, boat docks and pavilions are specifically
excluded. A picnic shelter or a wading pool may be permitted.
9.21.3 Parks and Open Space Zone Exception 3 (P-3) (Map 12)
a)
Permitted Uses:
Notwithstanding Subsection 8.10, Parks and Open Space of the By-law to the
contrary, a Recreational Vehicle Storage Establishment shall be an additional use,
which shall mean a premise where recreational vehicles are stored inside existing
buildings or outdoors, on existing paved areas.
b)
Zone Regulations:
An expansion of an existing building or existing paved area, or construction or a new
building or new paved area will require relief from this by-law.
c)
Other
The definition of a "Recreational Vehicle" shall mean a portable vehicle unit designed
for travel, camping or recreational use, including, but not limited to, a travel trailer or
fifth wheel trailer utilized for recreational purposes and designed to be towed by a
vehicle, motor home, pick-up camper, motorized camper, tent trailer, boat or boat
trailer or other personal watercraft, horse trailers, utility trailers for storing recreational
equipment or other equipment and all-terrain vehicles stored on trailers, pick-up truck
camper shells which have been removed from the vehicle and golf carts.
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
239
9.22 Urban Reserve (UR) Zone Exceptions
9.22.1 Urban Reserve Zone Exception 1 (UR-1) (Map 3 and Map 6)
a)
Permitted Uses: An existing trucking business and accessory uses shall be additional
permitted uses. Only existing buildings and structures shall be permitted.
b)
Zone Regulations: Only existing buildings shall be permitted, an expansion of an
existing building or construction of a new building will require relief from this by-law.
9.22.2 Urban Reserve Zone Exception 2 (UR-2) (Map 11)
a)
Permitted Uses: A septic tank cleaning business and a portable toilet rental business,
shall be additional permitted uses. Only existing buildings and structures shall be
permitted.
b)
Zone Regulations: Only existing buildings shall be permitted, an expansion of an
existing building or construction of a new building will require relief from this by-law.
c)
Additional Uses: One (1) accessory structure shall be permitted as identified in
drawing below:
9.22.3 Urban Reserve Zone Exception 3 (UR-3) (Map 7)
a)
Permitted Uses: An existing trucking business, including the storage and sale of
earth, topsoil, fill, sand, gravel and stone, shall be additional permitted uses.
b)
Zone Regulations: Only existing buildings shall be permitted, an expansion of an
existing building or construction of a new building will require relief from this by-law.
i)
Notwithstanding Section 9.22.3 b) a maximum of four (4) accessory structures
shall be permitted.
ii)
Notwithstanding Section 6.5 a) xi), one (1) accessory structure shall have a
maximum height of 8.6 metres and one (1) accessory structure shall have a
maximum height of 7 metres.
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
240
9.22.4 Urban Reserve Zone Exception 4 (UR-4) (Map 7)
a)
Permitted Uses: In addition to the uses permitted in the UR zone, a contractor's yard
or shop including a pole barn contractor, light manufacturing of trusses, doors and
other building products, the retail sale of any of the items produced from a permitted
use including the retail sale of pole barn accessories and lumber, repair of surgical
instruments, a sand blasting operation in a wholly enclosed building, and the storage
of any material related to one of the permitted uses, shall be permitted.
b)
Zone Regulations: All lot and building requirements shall be in accordance with the
following:
i)
Minimum front yard shall be 7.5 m.
ii)
Minimum rear yard shall be 7.5 m.
iii)
Minimum side yard shall be 7.5 m.
iv)
Minimum building height shall be 12 m.
c)
The portion of the subject property that is allowed to be used for the non-agricultural
permitted uses will be in accordance with the corresponding site plan control
agreement.
9.22.5 Urban Reserve Zone Exception 5 (UR-5) (Map 7)
a)
Permitted Uses: The processing and wholesaling of wood chips and other
landscaping material shall be permitted, but any processing or wholesaling that
involves any form of composting shall be prohibited. The uses permitted in the A
zone shall also be permitted.
9.22.6 Urban Reserve Zone Exception 6 (UR-6) (Map 7)
a)
Permitted Uses: A transport terminal will be a permitted use;
b)
The use of a transport terminal shall not be permitted following the expiration of the
Temporary Use By-law 69-2019 on June 18th, 2022. On or from the day after the
expiration date referred to in this clause, Subsection 34(9)(a) of the Planning Act,
R.S.O. 1990, c.P.13, does not apply so as to permit the continued use of the land for
the purpose temporary authorized.
9.0 ZONE EXCEPTIONS
Town of Lakeshore Zoning By-law
Council Adopted | January 10, 2012
Modified | December 2, 2019
127
9.23 Environmental Protection (EP) Zone Exceptions
9.23.1 Environmental Zone Exception 1 (EP-1) (Map 40)
a)
Permitted Uses: Existing uses.
b)
Zone Regulations: No building or structure shall be erected or enlarged and no
change of use shall be permitted.
9.23.2 Environmental Zone Exception 2 (EP-2) (Map 12)
a) Permitted Uses: Development is prohibited within the floodway.
b) Other, Lands that are within the floodway, as conceptually shown on Schedule "A",
Map 12 of this By-law, shall be determined by a legal plan of survey that determines
the top of bank feature, in consultation with the applicable Conservation Authority.