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Township of Lanark Highlands Zoning By-law No. 2003-451
File P-920
November 18, 2003
Page 9
Section 4 GENERAL PROVISIONS
Explanatory Note
The General Provisions section of the By-law state the regulations which apply
regardless of the specific zoning (Sections 5-19). Whereas the zones provide site
specific controls corresponding to such items as permitted uses and locational
restrictions, the General Provisions provide regulations more general in nature,
applying to a variety of uses regardless of zoning.
4.0
GENERAL PROVISIONS
4.1
Accessory Buildings, Structures and Uses
Accessory uses, buildings, or structures shall be permitted in any zone provided
that:
1.
All uses, buildings and structures accessory to a permitted principal use
are located on the same lot and in the same zone as the principal use or
main building;
2.
The total lot coverage or ground floor area of all accessory buildings and
structures, excluding in-ground swimming pools, shall not exceed 10% up
to 74 m (800 ft. ) respectively, for a residential use in a village or hamlet;
2
2
or the specified lot coverage up to 93 m (1,000 ft. ) for a residential use in
2
2
a rural area; or the lot coverage specified for any non-residential accessory
use, building or structure.
3.
The accessory buildings or structures are not located within any minimum
front yard or a minimum exterior side yard unless specifically permitted in
this By-law (e.g. accessory buildings are permitted in the front yard where
the front yard is adjacent to a water body).
4.
No accessory buildings or structures shall be erected closer to the front lot
line or the exterior side lot line than the minimum front yard and exterior
side yard setbacks required for the main building. This provision shall be
exempted:
a)
For lots with water frontage subject to the provisions of the
Lakefront Development (LD) Zone and to Section 4.1.1(7);
b)
For a partially enclosed shelter for use by children waiting for a
school bus, if such is located in a rural zone;
Township of Lanark Highlands Zoning By-law No. 2003-451
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November 18, 2003
Page 10
c)
For any farm produce outlet having a gross floor area of less than
9.3 m (100 ft. ), if such use is located in a rural zone.
3
2
5.
No accessory buildings or structures shall be erected closer to an interior
side lot line or rear lot line in the Rural (RU) Zone or the Limited Service
Rural (LSR) Zone than 3 m (9.84 ft.).
6.
The use of any accessory building or structure for human habitation is not
permitted except where specifically listed as a permitted use.
7.
Notwithstanding Section 4.1 (3) above, a boat house, dock or wharf may
be located in the front yard, side yard or rear yard where a lot abuts a
navigable waterway, provided that the approval of any governmental
authority having jurisdiction has been obtained and provided that the boat
house, dock or wharf is located not closer than 3.0 (9.8 ft.) to the nearest
adjacent lot line and does not encroach on adjacent frontage when the lot
boundaries are extended into the water. (See illustration)
8.
For the purposes of this By-law, any building or structure which is
structurally attached to the main building is not an accessory building
(example: garage, carport, balcony, deck).
(Note: See individual zones for the types of permitted accessory uses, buildings or
structures, maximum height and setbacks in addition to any provisions set out
above.)
Township of Lanark Highlands Zoning By-law No. 2003-451
File P-920
November 18, 2003
Page 11
4.2
Automotive Service Stations, Gas Bars, and Fuel Pump Islands
Where automotive service stations and gasoline retail facilities are permitted in
this By-law, such uses shall be subject to the requirements of the Gasoline
Handling Act, the Ontario Propane Code or both as they respectively apply. This
shall be in addition to the requirements the municipality may require for site plan
control under Section 41 of the Planning Act.
4.3
Bed and Breakfast Establishment
A bed and breakfast establishment shall be a permitted accessory use within any
permitted dwelling subject to approval of the health unit where accommodation is
provided for nine or more guests.
4.4
Buildings to be Moved
No building or structure shall be moved within the limits of the Township or shall
be moved from outside the Township into the Township ( example: mobile home,
modular home or relocated dwelling) unless the building or structure is a
permitted use and satisfies all the requirements of the zone in which it is to be
located and a building permit has been obtained from the Building Official.
(Note: applicants may also require a special vehicle permit from MTO, the
County or Township for an over-dimensional load (width, height, length, weight)
or a relocation permit prior to any move.)
4.5
Change in Lot Size
No lot shall be reduced in area, depth or width, by any means other than
acquisition by a public body, which results in:
1.
The lot coverage exceeding the maximum permitted by this By-law;
2.
The lot area, lot frontage or a yard being less than the minimum required
by this By-law.
4.6
Cumulative Standards
Where a lot contains more than one use, the lot area requirement shall be the sum
of the requirements for the separate uses thereof but the lot frontage requirement
shall be no less than the greater of the lot frontage requirements for each
individual use in the zone where such lot is located.
Where a building, structure or lot accommodates more than one use, the parking
and loading space requirements for such building, structure or lot shall be the sum
Township of Lanark Highlands Zoning By-law No. 2003-451
File P-920
November 18, 2003
Page 12
of the requirements for the separate uses thereof.
4.7
Development of Land With Access Over Public Body Rights-of-
Way
1.
Development of land in any zone which has access solely by means of a
right-of way owned by a public body (example: unopened municipal road
allowance), but excluding a provincial highway, shall be restricted to the
following uses:
a)
agricultural use
b)
camp
c)
communications facility
d)
conservation use
e)
forestry use
f)
recreational facility
g)
wayside pit
h)
wayside quarry
2.
This requirement may be exempted where an agreement has been entered
into with the municipality for a person to carry out the maintenance of an
unassumed or unmaintained public road allowance.
4.8
Environmental Design Requirements for Shoreline Properties
For shoreline properties adjacent to a navigable waterway within the municipality,
the following environmental design requirements shall apply to new development:
1.
Existing natural vegetation (native species) shall be retained as a natural
vegetation buffer strip of vegetation as deep as is reasonable and practical
along the shoreline, and in no case less than 15 m (49.2 ft.) in depth from
the shoreline and 30 m on a lake trout lake, a sensitive lake or an
undeveloped lake. The cutting or removal of trees, shrubs or ground cover
will be discouraged within the natural vegetation buffer except for the
removal of dead or diseased trees, debris or noxious plants or where a
landscaped corridor of not greater than 9 m (29.5 ft.) in width is required
for access between the dwelling and shoreline. The municipality may
require that a professional competent in shoreline landscaping be engaged
to prepare a shoreline vegetation management plan suitable for conserving
and sustaining the natural environment (see illustration p. 13). See also
Section 4.32(6)(c) - Setbacks on water bodies and Section 11.3);
2.
Passive, low impact structures such as a gazebo, television tower, satellite
dish, sauna, storage shed where above the flood elevation, or similar
structures shall be permitted to be constructed or set back behind the
Township of Lanark Highlands Zoning By-law No. 2003-451
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November 18, 2003
Page 13
Township of Lanark Highlands Zoning By-law No. 2003-451
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November 18, 2003
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natural shoreline vegetation buffer strip within the required shoreline
setback.
3.
Saunas or steam baths serviced by a pressurized water system shall be
setback a minimum of 30 m (98.4 ft.) from the shoreline.
4.
A dock shall be permitted as an accessory structure, provided it is
constructed with environmentally friendly (e.g. non-toxic) materials and
provided it is either a cantilever, floating or post dock, but not a solid dock
(see illustration- P.107).
5.
Shoreline structures such as retaining walls, sheet metal pilings, gabians
(rip-rap) or groynes shall not be permitted except where required for
erosion control or conservation purposes and only where such structures
have been designed or recommended by a professional in the field of
environmental design; (Explanatory note: permits are required from the
Mississippi Valley Conservation Authority for fill, site alteration or
construction within areas regulated by fill and construction regulations. A
work permit may be required from the Ministry of Natural Resources for
shoreline alteration outside of the MVCA jurisdiction.)
6.
Remediation or rehabilitation of shoreline features e.g. stabilizing eroded
or de-vegetated slopes or river banks, selective cutting, planting or
thinning to improve vegetation or fish habitat shall be permitted under the
guidance of a professional or public body.
7.
Existing sewage disposal systems which are located within a defined flood
plain may only be repaired or replaced where damaged or destroyed by
flooding, if they are repaired or reconstructed using approved flood
proofing techniques. Sewage disposal systems which are voluntarily
replaced, other than as a result of damage or destruction by flooding shall
be relocated outside of the defined flood plain. Sewage disposal systems
which fail for other reasons shall be repaired or reconstructed in
accordance with the Ontario Water Resources Act and the Building Code
Act.
8.
Where storm drainage is discharged with an outlet into a lake or river,
erosion protection shall be provided around the outlet. Site grading shall
be carried out so as to collect surface runoff and retain phosphorous laden
stormwater on site e.g. through the use of sediment traps or settling ponds.
(Note: these provisions are in addition to any controls that may be imposed
under site plan control.)
Township of Lanark Highlands Zoning By-law No. 2003-451
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November 18, 2003
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4.9
Established Building Line in Built-Up Area
Despite the yard and setback provisions of this By-law to the contrary, where a
permitted building or structure is to be erected on a lot in a village or hamlet,
where there is an established building line, such permitted building or structure
may be erected closer to the centre line of the road than required by this By-law
provided such permitted building or structure is not erected closer to the centre
line of that road than the established building line on the date of the passing of
this By-law or 14 m (45.9 ft.) whichever is greater. In the case of a County Road,
the setback from the centre line shall be 17 m (55.7 ft.). The established building
line for Highway 7 shall be established by the Ministry of Transportation (see
illustration p. 16).
4.10 Fences
Any fence erected hereafter within the municipality shall conform to the
provisions of any Fence By-law as may from time-to-time be enacted under the
Municipal Act or the provisions of the Line Fences Act.
4.11 Frontage on a Public Highway or Private Road
1.
No person shall erect any building or structure in any zone unless the lot
upon which such building or structure is to be erected has sufficient
frontage on a public street or private road as per the requirements of the
respective zone within which the lot is situated except:
a)
for any permitted use on an island provided a public access point is
available on the main land and arrangements, satisfactory to the
municipality, are made for parking;
b)
a camp;
c)
a resource related use on Crown Land;
d)
a communications facility;
e)
a public utility;
f)
a wayside pit or quarry;
g)
any passive outdoor recreational use or activity such as skiing,
snowmobiling, hiking, mountain biking or similar activities;
h)
a lot which has legal access (i.e. right-of way) registered title
i)
a lot where the provisions of the Road Access Act are deemed to
apply
(See also Section 4.7 Development of Land With Access Over Public Body
Rights-of-Way.)
2.
In addition to all the requirements of the Corporation, all development
adjacent to any Provincial Highway or to a County Road is also subject to
Township of Lanark Highlands Zoning By-law No. 2003-451
File P-920
November 18, 2003
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Normal required setback is the greater of the average setback or
14 m from the centre line of a municipal road or 17 m from a
County Road. Established setback applies within a village or
hamlet only.
the requirements and permits of the Ministry of Transportation or the
Township of Lanark Highlands Zoning By-law No. 2003-451
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November 18, 2003
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County of Lanark respectively.
3.
Exception for Existing Agreements
a)
Despite Section 4.11.1, where a maintenance or subdivision
agreement exists between the municipality and a land owner and is
registered on title, frontage on an unassumed, unopened or
unmaintained public right-of-way shall be deemed to conform to
the provisions of this section, provided that such frontage is in
conformity with the standards set out in the corresponding zone or
any exception thereto.
b)
Despite Section 4.11.1, a lot may be used or developed for a use
permitted which does not have frontage on a public road provided
that the lot has a legal access (right-of-way) registered on title.
4.12 Frontage On More Than One Street or Road (Through Lot)
Where a lot fronts on more than one road or street and is not a corner lot, the
requirements for front yards contained in this By-law shall apply to each yard
abutting a public highway in accordance with the provisions of the zone or zones
in which such lot is located.
4.13 Garbage Storage
Except in the Waste Management Facility (WMF) Zone, no person shall use any
area outside of a main building for the storage of garbage, other than that normally
associated with a single detached dwelling unit, except in a location within a rear
yard or in a manner which is environmentally acceptable to the Corporation and
is visually screened in a manner which is in keeping with the architectural
treatment of the main building. (Note: This may be in addition to any
requirements of site plan control.)
4.14 Garden Suite
Subject to the passing of a site specific Temporary Use By-law under Section 39
of the Planning Act, a Garden Suite shall be permitted as a separate dwelling unit
to a permitted residential dwelling provided that the following standards are met:
1.
That approval of on-site sewage disposal system is obtained (see Section
4.36);
2.
That provision is made for an adequate on-site water supply service (see
Section 4.36);
Township of Lanark Highlands Zoning By-law No. 2003-451
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November 18, 2003
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3.
That the requirements of the Building Code are met;
4.
That there will be no adverse impacts to adjacent lands as a result of
drainage or access for fire protection; and
5.
That all applicable provisions of this zoning By-law are met (see zone
requirements for residential zones).
4.15 Group Homes
The following provisions shall apply to the establishment of Group Homes as
defined in Section 20.G of this By-law:
1.
Group homes shall be permitted in the Rural Zone (RU), the Hamlet (H)
Zone and Residential (R1 and R2) Zones;
2.
No group home utilized as a Halfway House for Ex-Offenders or an Open
Custody Residence shall be permitted within 5 km (3.1 miles) of another
similarly classified group home located within the Township or within any
adjacent municipality;
3.
Group homes shall be located on a public highway which is maintained
year round;
4.
Despite the provisions above, this By-law is not intended to exclude other
persons which may live in a group setting where provincial licensing or
approval is not required, but who otherwise meet the requirements of this
By-law.
4.16 Height Exceptions
1.
The height regulations herein set forth shall not apply to any of the
following:
a)
air conditioning system
b)
chimney
c)
church spire or belfry
d)
drying tower
e)
elevator or stairway enclosure
f)
enclosed mechanical and electrical equipment
g)
farm buildings and structures such as a barn, silo or windmill
h)
flag pole
i)
hydro electric transmission tower
j)
receiving and transmitting antenna
k)
receiving stations
Township of Lanark Highlands Zoning By-law No. 2003-451
File P-920
November 18, 2003
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l)
satellite dish
m)
solar panels, wind mills
n)
ventilating fan or skylight
o)
water tower or tank
2.
Despite the foregoing, limitations prescribed by the Federal Ministry of
Transport or practice recommended by the Ministry with respect to height
limitations and appropriate lighting in the vicinity of airfields shall prevail.
4.17 Home Based Businesses
Where permitted, the following uses shall be considered accessory to any
residential use:
1.
Categories of Permitted Home Based Businesses
a)
professional and consulting services (examples include an
architect, legal services, financial advisor, consultant, accountant,
auditor, physician, teleworking, surveyor, correspondent);
b)
personal services (examples include hair care, beauty salon,
esthetician, calligraphy, engraving, printing, photocopying, dress
making or tailoring, pet grooming, computer services, caterer,
interior decorating, secretarial or word processing, wedding
planning, bait supplier);
c)
instructional services (examples include musical instruments,
dance, aerobics, crafts, tutoring);
d)
private day care;
e)
offices for contractors and trades businesses (examples include
electrician, heating and plumbing, home renovator, contractor);
f)
repair services (examples include small appliances, computers,
clothing and shoes);
g)
home craft businesses (examples include quilting, pottery,
jewellery, visual arts, woodworking, small scale assembly);
h)
high technology uses ( examples include internet services, office
call centres, desk top publishing, hardware and software
development)
i)
transportation services (examples include taxi, limousine, school
bus, handicapped) to a maximum of two vehicles;
j)
maple syrup production
k)
farm produce outlet
l)
tourist outfitting (examples include ecotourism, outdoor recreation)
m)
distribution sales offices or mail order sales.
2.
Provisions
Where listed as a permitted use, up to two (2) home based businesses may
Township of Lanark Highlands Zoning By-law No. 2003-451
File P-920
November 18, 2003
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be carried on in a dwelling and/or accessory building provided that the
following regulations are complied with:
a)
that the home based business shall be for the exclusive use of the
householder. In addition to the owner there shall not be more than
six (6) employees (including employed members of the household)
operating in or on the premises at any time;
b)
that not more that 25% of the gross floor area of the dwelling shall
be used for such use. Where an accessory building is used in part
or in whole, the floor area of the accessory building shall not
exceed 10% of the lot coverage up to a maximum of 74 m (800
2
ft. ) in the Hamlet Zone, the Residential Low Density (R2) Zone or
2
the Lakefront Development (LD) Zone, nor shall exceed 10% of
the lot coverage up to a maximum of 93 m (1,000 ft. ) in any
2
2
other zone where a home based business is permitted. Where the
home based business occupies part of a dwelling and part of an
accessory building, the total floor are devoted to such business
shall not exceed 74 m (800 ft. ) in the Hamlet Zone, the
2
2
Residential Low Density (R2) Zone or the Lakefront Development
(LD) Zone, nor shall exceed 93 m (1,000 ft. ) in any other zone
2
2
where a home based business is permitted.
c)
that any home based business located on an undersized lot or in the
Multiple Residential (R2) Zone shall be restricted to the dwelling
only;
d)
that a sign not exceeding 1.5 m (16.1 ft. ) shall be permitted;
2
2
e)
where home based businesses are permitted, outside storage of
goods or materials shall be permitted subject to the provisions of
Section 4.26 of this By-law;
f)
that the home based business is clearly accessory to the permitted
residential use and is generally compatible with adjacent uses and
shall not create a nuisance by virtue of noise, odours, parking,
traffic, electrical interference or visual impacts;
g)
that the home based business is dry in nature (e.g. does not require
a large quantity of water or produce a large quantity of sanitary
waste i.e. in excess of 10,000 litres/day). Businesses shall have the
appropriate approval for on-site water and sewage disposal systems
(see Section 4.36);
h)
that the business is legal; and
Township of Lanark Highlands Zoning By-law No. 2003-451
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i)
that adequate parking is provided in accordance with Section 4.27
of this By-law.
3.
Despite anything in Section 4.17 (1) or(2) to the contrary, the following
shall not be permitted as home based businesses: a retail store except for
retailing goods produced or manufactured on the property occupied by the
business, a tea room, a convalescent home, a funeral home, an auto
body/automotive repair, a storage yard, a parking area or a contractor's
yard.
4.
Entrance permits for home based businesses onto a provincial highway
shall be limited to a residential entrance only.
4.18 Illumination
Illumination of buildings and grounds shall be permitted provided that:
1.
Illumination shall not cause direct or indirect glare on a street that may
interfere with traffic or pedestrian safety.
2.
Illumination shall not consist of a colour or be so designed or located that
it may be confused with traffic signals.
3.
Illumination shall not cause direct or indirect glare on land or buildings or
across water in any zone in which residential uses are permitted.
4.19 Land Suitability for Use and Organic Soils
Despite any other provision of this By-law, no habitable building or structure (i.e.
sewage disposal system) shall be constructed, erected, altered or used on land
which, by reason of its rocky, low lying, marshy, unstable character or which is
located or may be located on organic soil unless the proponent or applicant for
development can demonstrate through professionally acceptable engineering
techniques that the physical constraint can be mitigated or overcome and that the
requirements of the Ontario Building Code with respect to construction and the
requirements of the Ontario Water Resources Act and the Environmental
Protection Act with respect to the installation of an individual on-site sewage and
water system can be met.
(Note: Zoning Schedules to this By-law identify the location of organic soils in the
municipality.)
4.20 Loading Requirements - Village of Lanark
For every building or structure hereafter erected for a commercial, institutional or
Township of Lanark Highlands Zoning By-law No. 2003-451
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industrial use, involving the shipping, loading or unloading of persons, animals,
wares, merchandise or other goods, or for a change of use, there shall be provided
and maintained loading facilities or spaces in accordance with the following
requirements:
1.
Each loading space shall have a minimum height clearance of 4.25 m
(13.9 ft.) and shall be at least 3.75 m (12.3 ft.) wide by 7.5 m (24.6 ft.)
long if situated inside of or at right angles to a building or structure or 3.75
m (12.3 ft.) wide by 9 m (29.5 ft.) long if situated parallel to the wall of a
building or structure.
2.
Loading spaces shall be located in a building or structure, an open rear
yard, or an open side yard, on the same lot on which the main use is
located, provided such a space shall be in an area whose distance from lot
line to building or structure is not less than 7.50 m (24.6 ft.) and shall have
unobstructed ingress and egress to and from a public street by means of a
driveway, land or isle of a minimum width of 6 m (19.7 ft.).
3.
The number of required loading spaces shall be based on net floor area of
the building or structure as follows:
Net Floor Area
Spaces
Required
Less than 300 m
(3,229.2 ft. )
1
2
2
For every additional 4,000 m or
2
fraction thereof
(43,057 ft. )
1
2
4.
The loading space requirements stated in subsection (3) above shall not
apply to buildings or structures in existence as of the date of passing of
this By-law but shall apply to areas of any expansion, enlargement or
change of use to such buildings or structures for which building permits
have been issued after the date of passing of this By-law.
4.21 Mine Hazards
No lands identified as having a mine hazard shall be used unless the mine hazard
has been remediated or rehabilitated or measures taken to mitigate known or
suspected hazards. Any required remediation, rehabilitation or mitigation
measures shall be undertaken using acceptable engineering practices.
4.22 Natural Heritage Features
1.
Requirements for Natural Heritage Features
No use of land, buildings or structures except a conservation use shall be
permitted within the distances prescribed below of an identified natural
Township of Lanark Highlands Zoning By-law No. 2003-451
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heritage feature whether or not they are shown on the Zone Schedules to
this By-law, except where an Impact Assessment and/or mitigating
measures or conservation practices are implemented as approved by the
public body having jurisdiction. No use of land, buildings or structures or
site alteration may be permitted within the habitat area of wildlife or
within an Area of Natural and Scientific Interest except where an Impact
Assessment and/or mitigating measures or conservation practices are
implemented as approved by the public body having jurisdiction. These
provisions shall not apply to a pit or quarry where otherwise governed by a
license pursuant to the Aggregate Resources Act. (See illustrations p. 23)
Feature or Area
a)
Significant Portions of the habitat of Endangered & Threatened
Species
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 m (164 ft.)
b)
Provincially Significant Wetlands . . . . . . . . . . . . 120 m (393.7 ft.)
c)
Fish Habitat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 m (98.4 ft.)
d)
Significant Wildlife Habitat . . . . . . . . . . . . . . . . . . . 50 m (164 ft.)
e)
Areas of Natural and Scientific Interest . . . . . . . . . . 50 m (164 ft.)
2.
Bird Nesting Sites
On lands identified on the Zoning Schedules to this By-law as a bird
nesting site, no use, building or structure shall be permitted which, in the
opinion of the public body having jurisdiction, would negatively impact on
such site or sites and any building or structure that may be permitted shall
be setback such distance as may be prescribed by such public body.
Explanatory Note
Bird nesting sites include only those locations and those species identified
in the Official Plan e.g. heron rookeries, osprey, turkey vulture, goshawk
and red shouldered hawk and other identified species. These sites are
shown on the zoning By-law schedules. The intent of the By-law is to
ensure that development on "adjacent lands" to these nesting sites will
not have a negative impact on these sites. As a general rule the Ministry of
Natural Resources recommends that adjacent lands be considered to be
those lands within 50 m (164 ft.) of the nest (or significant portion of the
habitat). A separation distance between a specific nesting site and
development e.g. the construction of a dwelling or other measures to
protect the habitat will be determined in consultation with the Ministry of
Natural Resources or a professional knowledgeable in terrestrial biology
prior to permitting development.
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3.
Deer Yard
No use of land, buildings or structures shall be permitted within the Deer
Yard Constraint Area except where acceptable mitigating measures or
conservation practices are implemented as approved by the public body
having jurisdiction. These provisions shall not apply to a pit or quarry
where otherwise governed by a license pursuant to the Aggregate
Resources Act.
4.
Development shall be permitted on an unclassified wetland or locally
significant wetland for a use permitted in the zone only.
4.23 Non-Conforming and Non-Complying Uses
1.
Continuation of Existing Uses
Nothing in this By-law shall prevent the use of any land, building or
structure for any purpose prohibited by the By-law if such land, building or
structure was lawfully used for such purpose on the day of the passing of
the By-law, and continues to be so used.
2.
Repair of Existing Buildings
If a non-conforming building or structure should be damaged by causes
beyond the owner's control (e.g. fire, tornado etc.) nothing in this By-law
shall prevent such building from being restored and strengthened to a safe
condition, provided that the reconstruction or restoration is started within
twenty-four (24) months of the date on which the damage took place.
Explanatory Note
These two sections of the By-law allow for the repair and reconstruction
of buildings destroyed by a natural cause. Section 4.23 (2) applies only to
buildings or structures destroyed by causes other than flooding (e.g. fire,
tornado). Such buildings or structures can be reconstructed in the same
location whether they are in the flood plain or not. Reconstruction or
repair must start within 2 years.
3.
Reconstruction of Existing Buildings in the Flood Plain
If an existing building or structure located within the flood plain should be
destroyed by flooding, nothing in the By-law shall prevent such a building
from being reconstructed provided the size is not increased, the location of
the reconstruction is not varied except as approved and approved flood
proofing techniques are used. The reconstruction shall be started within
twenty-four (24) months of the date on which the damage took place.
Township of Lanark Highlands Zoning By-law No. 2003-451
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Explanatory Note
Section 4.23 (3) applies only to buildings or structures damaged by a
flood. The By-law permits the applicant to rebuild in the same location
(same building foot print) provided the building is flood proofed and
provided the size of the building is not increased. Flood proofing a
building may include such measures such as reinforcing the foundation,
ensuring that door and window sills are above the flood level or any
combination of measures that will minimize flood damage in the future.
Despite this provision, Council encourages the public to rebuild outside of
the flood plain.
4.
Less than Minimum Yard Requirements
Where a building, structure or private sanitary sewage disposal system has
been erected prior to the date of passing of this By-law, on a lot having
less than the minimum front, side or rear yard required by this By-law, the
building, structure or private sewage disposal system may be enlarged or
reconstructed provided that:
a)
the enlargement, reconstruction, repair or renovation does not
further encroach upon any minimum front, side or rear yard
required by this By-law;
b)
environmental regulations with respect to proximity of the sewage
disposal system to water wells and to water courses are met, and;
c)
all other applicable provisions of this By-law are complied with.
5.
Prior Building Permits
Nothing in this By-law shall prohibit the erection of a non-conforming
building or structure for which a building permit has been issued prior to
the date of passing of this By-law, provided that the erection of such
building or structure is commenced within the life of the building permit,
the building permit has not been revoked under the Building Code Act, and
such building or structure is completed within twenty-four (24) months
after the erection thereof is commenced.
6.
Existing Undersized Lots
Where a lot having less than the minimum frontage or lot area required by
this By-law is held under distinct and separate ownership from abutting
lots, as shown by a registered conveyance in the records of the Registry or
Land Titles Office on the date of the passing of this By-law, such lot may
be used for a purpose permitted in the zone in which it is located provided
Township of Lanark Highlands Zoning By-law No. 2003-451
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November 18, 2003
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that all other applicable provisions in this By-law are met, and further that
approval of the sewage disposal facilities is obtained from the public body
having jurisdiction. Despite this provision, no development shall be
permitted on a lot for a residential, commercial or industrial use where the
lot area is 0.5 ha (1 ac.) or less.
7.
Accessory Buildings and Structures
Nothing in this By-law shall prevent the erection of a building or structure
accessory to an existing non-conforming use provided that such accessory
building or structure complies with all other applicable provisions of this
By-law.
8.
Changes of Non-Conforming Uses
The use of a lot, building, or structure, which under the provisions of this
By-law is not permissible within the zone in which such lot, building or
structure is located, shall not be changed except to a use permitted by the
By-law for such zone, or to a use authorized by the Committee of
Adjustment pursuant to its powers under the Planning Act. (see also
Section 3.3)
4.24 Noxious Uses
No use shall be permitted which from its nature or the materials used therein, is
declared to be a noxious trade, business, or manufacture by the Health Protection
and Promotion Act or any regulations made thereunder. This provision shall not
apply to a pit or quarry where otherwise governed by a license pursuant to the
Aggregate Resources Act.
4.25 Occupancy Restrictions
Human habitation (occupancy) shall not be permitted in any of the following
buildings, structures, or parts thereof unless the building, structure, or parts
thereof meet all requirements of the Fire Code, the Building Code and any other
applicable regulations, policies, or Acts. For the purposes of this By-law,
occupancy shall mean the use of a building or structure or part thereof, in the list
below, for permanent or long term accommodation including its use for sleeping
and food preparation.
1.
Any private garage or other building which is accessory to a residential
use;
2.
Any truck, bus, recreational vehicle, coach or streetcar body whether or
not the same is mounted on wheels.
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4.26 Open Storage
Where permitted, open storage shall be in accordance with the following:
1.
The open storage is accessory to the principal use of the lot;
2.
Open storage, as defined in this By-law, shall not be permitted within any
front yard and any minimum required side or rear yard where such yard
abuts a Residential use except where permitted under a site plan control
agreement;
3.
Despite (2) above, in any Mineral Aggregate Resource Zone open storage
shall not be permitted within the required setback area;
4.
Any area of open storage abutting a residential use or which is open
storage associated with a permitted home based business, shall be fully
and completely hidden by an opaque screen, buffer or fence or any
combination thereof;
5.
Any areas used for open storage shall be in addition to any minimum off-
street parking areas required by this By-law;
6.
Despite anything in this subsection to the contrary, in the case of an
automotive or recreational vehicle sales establishment, open storage of
vehicles shall be permitted in all yards provided no such use is located
closer than 1 m (3.2 ft.) to any street line.
4.27 Parking Requirements
1.
Parking Space Requirements
The owner or occupant of any building or structure erected, enlarged, or
changed in use after the passing of this By-law shall provide off-street
parking in accordance with the following provisions, and in accordance
with the following schedule of parking requirements. In addition, wherever
barrier-free access to a building is required under the Building Code, one
barrier free parking space shall be provided for every 20 standard spaces or
part thereof and shall be included in the total number of parking spaces
required under the Schedule for Parking Requirements.
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Parking Requirements
Use
Minimum No. Parking Spaces
Required
Residential
Single Detached Dwelling
Semi-detached Dwelling
Seasonal Dwelling
Converted Dwelling
Duplex Dwelling
Row or Townhouse Dwelling
Triplex Dwelling
Mobile Home Dwelling
Park Model Trailer
Seasonal Dwelling
Apartment Dwelling
Accessory Dwelling/Apartment
1 space per dwelling unit
Bed & Breakfast
Boarding House
Sleep Cabin
1 space for each guest room or cabin in
addition to the required residential spaces
Group Home
1 space for each non-resident staff
member plus three spaces
Other Uses:
Athletic or Recreational
Establishment
(Other than herein listed)
The greater of 1 space per 14 m (150.6
2
ft. ) of gross floor area, or 1 space per four
2
persons design capacity of the
establishment.
Automotive Service Station
Auto Body Shop
Auto Repair Garage
Gasoline Retail Facility (Gas Bar)
3 spaces per service bay with 2 spaces
minimum
Automotive Sales Establishment
Recreational Vehicles Sales and
Storage and Repair
Farm Implement Sales and Repair
1 space for every 32 m (344.4 ft. ) of
2
2
gross floor area of sales and display area,
minimum 5 spaces
Building Supply Store, Lumber
Yard, Garden Centre, Nursery
Farm, Produce Outlet,
Commercial Greenhouse
1 space for every 20 m (215.2 ft. ) of
2
2
gross floor area of sales and display area
and 1 space for each 35 m (376.7 ft. ) of
2
2
gross floor area of bulk storage
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Parking Requirements
Use
Minimum No. Parking Spaces
Required
File P-920
November 18, 2003
Page 30
Car Washing Establishment
3 spaces minimum plus two stacking
spaces per bay for a manual wash or 10
spaces for an automated car wash
Day Nursery
2 spaces plus 1 for each staff member
Golf Course
4 spaces per hole, minimum 50
Home Based Business
1 parking space per employee who is not a
resident of the dwelling or property on
which the business is located plus one
space for each commercial vehicle (to a
maximum of two commercial vehicles)
plus one space per home based business
operating on the property plus the
required number of spaces for a
residential dwelling
Hotels and Motels
Tourist Establishment (Other than
herein listed)
1 space per guest room or suite, plus the
required spaces for any adjoining public
or restaurant use.
Industrial Uses
1 space for every 35 m (376.7 ft. ) of
2
2
floor area up to 200 m (2,152.8 ft. ), plus
2
1 additional space for every 200 m2
(2,152.8 ft. ) of floor area thereafter
2
Marina
1 space for every seasonal boat slip, plus
1 space for every four transient boat slips
plus 1 trailer space for every ten boat
slips.
Medical or Dental Clinic
4 spaces/practitioner or 1 space per 15 m2
(161.4 ft. ), whichever is greater
2
Nursing Home, Long term care
facility, Home for the Aged
1 space per 4 beds or fraction thereof
Retirement Home
1 space per suite or living unit
Office, Public Buildings
1 space per 30 m (322.9 ft. ) of gross
2
2
floor area with a minimum of 2 spaces
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Parking Requirements
Use
Minimum No. Parking Spaces
Required
File P-920
November 18, 2003
Page 31
Place of Assembly, Place of
Worship, Arenas, Halls, Club,
Theatre, Bingo Hall, Funeral
Home
1 space per four persons accommodated
according to the maximum permitted
capacity or 1 space per 10 m (107.6 ft )
2
2
where there are no fixed seats
Restaurant
1 space per four persons accommodated
according to the maximum permitted
capacity or 1 space per 10 m (107.6 ft. ),
2
2
whichever is greater
Retail Stores, convenience store,
service outlets, grocery stores,
video rental outlets banks
1 space per 20 m (215.2 ft. ) of gross
2
2
floor area with a minimum of 4 spaces
School
1. Elementary
2. High School
1. 1 space per for each staff member plus
1 space per 3.7 m (40 ft. ) of floor area in
2
2
the gymnasium, auditorium or assembly
area.
2. 1 space per for each staff member plus
3 spaces per 3.7 m (40 ft. ) of floor area
2
2
in the gymnasium, auditorium or
assembly area.
Camping Ground
Tourist Campground
Recreational Vehicle Park
1.2 spaces per camp site
Warehouse, storage facility
1 space per 100 m (1,076.4 ft. ) of gross
2
2
floor area
Any use not specified above
except an agricultural use,
conservation use, forestry use, pit,
quarry or wayside pit or wayside
quarry
1 space per 30 m (322.9 ft. ) of gross
2
2
floor area
2.
Size of Parking Space
Each standard parking space shall have a minimum width of 2.6 m (8.5
ft.) in width and a minimum length of 5.5 m (18.0 ft.) in length. Each
Township of Lanark Highlands Zoning By-law No. 2003-451
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barrier-free parking space shall have a minimum width of 3 m (9.8 ft.) and
a minimum length of 6 m (19.6 ft.).
3.
Cumulative Standards
Unless permitted elsewhere in this By-law, where two or more uses are
permitted in any one building or on any one lot, then the off-street parking
requirements for each use shall be calculated as if each use is a separate
use, and the total number of off-street parking spaces so calculated shall be
provided.
4.
Addition to Building/Change In Use
The parking space requirements shall not apply to any building in
existence at the date of passing of this By-law so long as the gross floor
area, as it existed at such date, is not increased and no change in use
occurs. If an addition is made to the building or structure which increases
the gross floor area, or a change in use occurs, then parking space(s) for
the addition or area change in use shall be provided.
5.
Location of Parking Spaces
Required parking for a Residential use shall be provided on the same lot as
the dwelling unit. For all other uses, parking shall be provided within 100
m (328.0 ft.) of the building it is intended to serve. Where required parking
for other uses is not provided on the same lot, the lot or part of the lot
where the parking is located shall be in the same ownership or be leased
by a long term renewable agreement and the parking spaces shall be
retained for the duration of the use.
6.
Parking for Waterfront Access Only Lots
Parking shall be provided at or near a water access point on the same water
body as the water access only lot(s) and long-term parking arrangements
for the required number of parking spaces shall be secured by means of a
registered lease or other legal instrument acceptable to the Corporation.
7.
Access to Parking Lot
Ingress and egress directly to and from every parking space, shall be by
means of a driveway, lane, or aisle having a width of at least 6.5 m (21.3
ft.) for two-way traffic and 3.5 m (11.4 ft.) for one-way traffic where
parking is angled. The width of the access driveway at the streetline shall
not exceed 7.5 m (24.6 ft.).
Township of Lanark Highlands Zoning By-law No. 2003-451
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8.
Rounding the Calculation of Parking Spaces
Despite the requirements for parking as set out in the Schedule for Parking
Spaces, if the calculation of the minimum number of parking spaces
results in a fraction, the minimum requirement shall be the next higher
whole number (i.e. if the calculation of the number of parking spaces
required is 7.3, the number required shall be 8 through rounding up.)
4.28 Pits and Quarries
The making or establishment of pits and quarries within the Municipality is
prohibited unless within a Mineral Aggregate Resource MXP or MXQ Zone or is
a wayside pit or a wayside quarry as approved by the public body having
jurisdiction.
A wayside pit or wayside quarry shall not be permitted in within the boundaries of
Lanark Village, any Hamlet Zone, any Lake Development (D) Zone, any lands
zoned for a Rural Cooperative or on any lands in an Environmental Protection
(EP) Zone.
4.29 Public Service Use or Public Utility
Any land may be used and any building or structure may be erected or used for the
purpose of a public use or utility by a public body in any zone provided that:
1.
The lot coverage and yard requirements prescribed for the zone in which
such land, building or structure is located shall be complied with;
2.
Any building erected in a residential (R1, R2), Hamlet (H) or Lakefront
Development (D) zone under the authority of this paragraph shall be
designed and maintained in general harmony with adjacent buildings and
structures;
3.
Parking requirements as provided for in this By-law shall be complied
with; and,
4.
No building or structure shall be constructed in an Environmental
Protection (EP) Zone, except for erosion or flood control.
5.
In the case of a Communications Facility, as defined, the lot size and
positioning of any tower shall be such that the collapse or failing of the
tower shall be contained entirely within the boundaries of the lot.
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4.30 Sight Triangles
on Corner Lots
On a corner lot no
obstruction higher
than 0.75 m (2.46 ft.)
(except a chain link
fence for a school or
park) shall be
permitted on that part
of a lot at the street
corner composed of a
triangle having sides
7 m (22.9 ft.) in
length along each
street line measured
from the street corner
formed by the lot
lines, or by the
straight line
projection of lot lines
when lot lines are
connected by a
curved line. (See
illustration.)
4.31 Signs
Privately owned ground signs, freestanding signs, billboards, pole signs, pylon
sign or portable sign which are larger than 1.5 m (16.1 ft. ) in area shall be set
2
2
back a minimum of 3 m (9.8 ft.) from any lot line.
The location, size and construction of all signs larger than 1.25 m (13. 4 ft. ) in
2
2
area which are proposed to be located within any minimum front yard or
minimum exterior side yard are subject to the approval of the Corporation. All
signs shall conform to the Building Code.
(Note: the requirements for signs shall be in addition to any standards or setbacks
imposed by the Ministry of Transportation or the County of Lanark or contained
in any municipal sign By-law.)
4.32 Special Setbacks, Minimum Distance Separation and Influence
Areas
No person shall use any land, building or structure for a sensitive land use unless
Township of Lanark Highlands Zoning By-law No. 2003-451
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it complies with the following minimum distance separations, influence areas or
special setbacks except where such distances have been waived or reduced by a
public authority, where upon the revised distance, influence area or setback shall
apply. Distances, influences areas or setbacks shall be measured as set out for the
respective requirement. Also, the reconstruction, enlargement, etc. of buildings
and structures existing prior to the date of passing of this By-law which are within
any of the special setbacks noted in this subsection may be permitted subject to
the regulations set out in subsection 4.23 - Non-Complying and Non-
Conforming Uses to this By-law.
1.
Setback from Highway 7
The setback shall be as determined by a noise and/or vibration study if
such is required by the Corporation and shall be generally measured from
the point source of the emission to the property line of the receptor land
use. In addition, setbacks, for land uses, buildings and structures are
subject to the approval of the Ministry of Transportation.
2.
Waste Management Facility
a)
The influence area shall be a distance of 500 m (1,640 ft.) from a
sensitive land use measured from the boundary of the (licensed) fill
area to the nearest property line of the sensitive land use. Within
the influence area, no sensitive land use shall be permitted unless
an Environmental Impact Assessment is undertaken, to the
satisfaction of the approval authority, to demonstrate that the
proposed development will not negatively be impacted by the
waste management facility (e.g. leachate migration, methane gas,
rodents, vectors, vermin, odour, litter, noise, etc.).
b)
No use of land, buildings or structures shall be permitted within a
distance of 30 m (98.4 ft.) of the (licensed) fill area of an active
waste management facility other than uses permitted in the Waste
Management Facility (WMF) Zone.
c)
No waste management facility shall be permitted within a distance
of 30 m (98.4 ft.) from the high water mark of any water body and
no waste management facility shall be permitted on land covered
by water or in any area subject to flooding (see Section 4.11.3).
3.
Pits and Quarries:
a)
The minimum setback distances for pits and quarries from property
lines shall be as set out in the Aggregate Resources Act.
b)
Within an influence area of 150 m (492.1 ft.) of a pit excavated
Township of Lanark Highlands Zoning By-law No. 2003-451
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above the water table or aggregate reserve, or 300 m (984 ft.) of a
pit excavated below the water table, measured from the zone
boundary of a Mineral Aggregate (MXP or MAR) Zone, or 500 m
(1,640 ft.) from the zone boundary for a quarry (MXQ Zone), or
750 m (2,460 ft.) from the zone boundary of the Tatlock Quarry
respectively, the proponent of any sensitive land use shall be
required to demonstrate that there will be no adverse or potential
impacts (i.e. visual impacts, noise, dust, traffic or ground water
quality or quantity) created on the sensitive land use, or impacts
that cannot otherwise be appropriately mitigated by the proponent
from an existing or proposed aggregate operation. Adverse impacts
may be addressed by means of a phasing plan, rehabilitation plan,
landscaping berming, specified truck routes or other measures
acceptable to Council.
For the purposes of this By-law the Tatlock Quarry shall include
Lots 4-6 and the west 3/4 of Lot 7, Concession 4, geographic
township of Darling and the west ½ of Lots 5 and 6, Concession 5,
geographic township of Darling.
c)
A pit or quarry or wayside pit or wayside quarry shall be set back a
minimum of 30 m (98.4 ft.) from the high water mark of a water
body or a distance prescribed or required by regulation or
condition(s) of the license under the Aggregate Resources Act.
4.
Industrial Uses
a)
Class I Industrial: Includes light industrial uses defined as a place
of business for a small scale, self-contained plant or building
which produces/stores a product which is contained in a package
and has low probability of fugitive emissions e.g. noise, dust,
odour and/or vibration. There are daytime operations only, with
infrequent movement of products and/or heavy trucks and no
outside storage. Examples include electronics manufacturing,
furniture repair, auto parts supply, packaging and crafting services.
The minimum separation distance from a sensitive land use to a
Class I Industrial Use shall be 20 m (65.6 ft.) measured from
property line to property line. The influence area shall be 70 m
(230 ft.).
b)
Class II Industrial: Includes a place of business for medium scale
processing and manufacturing with outdoor storage of wastes or
materials and or periodic outputs of minor annoyance. There are
occasional outputs of either point source or fugitive emissions for
noise, odour, dust and/or vibration and low probability of fugitive
emissions. Shift operations are permitted and there is frequent
Township of Lanark Highlands Zoning By-law No. 2003-451
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movement of products and/or heavy trucks during daytime hours.
Examples include feed packing plant, paint spray booths, dry
cleaning services, electrical production manufacturing. The
minimum separation distance for a Class II Industrial Use from a
sensitive land use shall be 70 m (230 ft.) measured from property
line to property line. The influence area shall be 300 m (984.2 ft.).
c)
Class III Industrial: Describes large scale industries with
substantial variations in industrial processes, shift operations, large
production volumes, outdoor storage of raw and finished products
and therefore emissions e.g., noise vibration, odour, particulate and
gaseous discharges or combinations may be anticipated. Examples
of heavy industries include refineries, salvage yard, pulp and
paper mill etc. The minimum separation distance for a Class III
Industrial use from a sensitive land use shall be 300 m (1,640 ft.)
measured from property line to property line. The influence area
shall be 1,000 m (3,280 ft.). A Class III Industrial use shall also
apply to mining or a mine.
d)
Despite the provisions of Sections 4.32(4) (a-c), the minimum
separation distance shall be measured as the shortest horizontal
distance from the nearest face of an industrial building or limit of
an outdoor storage area or processing containment area or washing
pond or waste disposal/storage area and the closest property
boundary or lot line where the yard abuts a lot used or zoned for a
sensitive land use.
e)
Within any influence area of an industrial use, no sensitive land use
shall be permitted unless an environmental impact assessment is
undertaken to the satisfaction of the approval authority, to
demonstrate that the industrial use will not negatively impact on a
proposed sensitive land use.
5.
Agricultural Use
Shall comply with the Ministry of Agriculture and Food Minimum
Distance Separation Formulae I and II in effect at the time.
6.
Water Bodies
a)
The minimum setback from the shoreline for a habitable structure
(dwelling) or a non-residential building shall be 30 m (98.4 ft.).
The setback shall be measured as the shortest horizontal distance
from the nearest main wall of the building to the high water mark
of the water body. (See also Section 4.8 Environmental Design
Requirements for Shoreline Properties).
Township of Lanark Highlands Zoning By-law No. 2003-451
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b)
Subject to Section 4.36, the minimum setback from the shoreline
for an on-site sewage disposal system shall be 30 m (98.4 ft.) and
shall be measured as the shortest horizontal distance from the
nearest edge of the filter bed/tile bed or septic tank to the high
water mark of the water body.
c)
A shoreline vegetation buffer shall be maintained in its natural
state along the shoreline of any water body to a depth of 15 m (49.2
ft.). This buffer shall also apply to any lake where 50 % or more of
the shoreline has been developed or lands within 200 m (656 ft.)
either side of the proposed development have been developed,
whichever applies, but shall be increased to a depth of 30 m (98.4
ft.) of the shoreline of a lake trout lake, a sensitive lake or a lake in
which less than 50% of the shoreline is developed. A path way or
access corridor to the water body through the vegetation buffer
shall be permitted provided that it does not exceed 9 m (29.5 ft.) in
width. This requirement may be superceded by a site plan control
agreement where the same objective is achieved.
d)
Pit or Quarry, Wayside Pit, Wayside Quarry - see 4.32 (3) (b)
above or Mine - see 4.32 (4) (c).
7.
Septage or Communal Disposal Systems
No sensitive land use or associated well shall be constructed within 200 m
(656.1 ft.) of the property boundary or boundary of any land zoned or
proposed for septage disposal, a waste stabilization pond or a wastewater
treatment plant or vice versa.
No septage disposal, a waste stabilization pond or a wastewater treatment
plant shall be constructed closer than 180 m (590.5 ft.) of the high water
mark of any water body or 30 m (98.4 ft.) of any road allowance.
8.
Hydro Electric Power Transmission Corridor
No sensitive land use shall be constructed within 30 m (98.4 ft.) of the
right-of-way limit of a power transmission corridor carrying a 250 KV line
or greater.
9.
Mine Hazards
No development shall be permitted within 500 m (1,640 ft.) of a mine
hazard, unless the Corporation is satisfied that such land is safe for
development or can be made safe through remediation or rehabilitation
prior to issuing a building permit or granting approval.
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4.33 Side Yard Requirement Exceptions
Despite any provision in this By-law to the contrary, where a lot on which an
existing semi-detached dwelling or row dwelling or private garage is situated
along the common wall of the building, or where a semi-detached dwelling or row
or townhouse dwelling is built with the common wall corresponding to the side lot
line, then the minimum interior side yard requirement for the shared lot shall be
0.0 m (0.0 ft.).
4.34 Swimming Pools - Private
Private outdoor in-ground or above-ground swimming pools, and associated
structures to be used in conjunction with such a swimming pool, may be erected
and used in any zone except the Environmental Protection (EP) Zone provided
they are located in a side or rear yard and provided that:
1.
No part of any swimming pool shall be located closer to any side or rear
lot line than 1.5 m (4.9 ft.), nor closer than 3 m (9.8 ft.) to that portion of
a rear lot line which coincides with the side yard of an abutting lot. Despite
this provision, no part of any swimming pool shall be located closer than
30 m (98.4 ft.) shortest horizontal distance from the shoreline of any
navigable water body.
2.
No water circulating or treatment equipment such as pumps of filters shall
be located closer than 3 m (9.8 ft.) to any rear or side lot line. Despite this
provision, no part of any circulating or treatment equipment such as pumps
of filters shall be located closer than 30 m (98.4 ft.) shortest horizontal
distance from the shoreline of any navigable water body.
3.
A swimming pool shall be totally enclosed by a free standing fence or a
fence which is integrated into the design of the swimming pool provided
that such fence is constructed of suitable materials so as to prevent access
or climbing and has a minimum height of 1.52 m (5 ft.) above the finished
grade and has a self-closing gate equipped with a lock maintained in good
working order.
4.
The construction of a swimming pool adjacent to a water body shall occur
in consultation with, and where required, receive the approval of the
appropriate Conservation Authority.
5.
Despite the provisions above, a swimming pool shall be permitted to be
located in a required front yard where permitted as an accessory use in a
rural zone, provided that the setback of the pool from the front lot line is a
minimum of 20 m (65.6 ft.).
6.
The construction and installation of pools shall be undertaken such that
Township of Lanark Highlands Zoning By-law No. 2003-451
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November 18, 2003
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any discharge of water from backwashing or draining of a pool shall be
treated or prevented from discharging into a navigable water body.
Provisions shall be made for a containment area for any swimming pool
constructed within 100 m (328 ft.) of a navigable water body.
(Note: The installation of any swimming pool on a lot adjacent to a navigable
water body shall be subject to site plan control and may require the proponent to
enter into an agreement with the municipality.)
4.35 Temporary Uses Permitted
Any temporary construction facilities such as sheds, scaffolds, sales offices and
equipment incidental to building or construction shall be permitted on any lot in
any zone for as long as work is in progress, and until work is completed or
abandoned. Abandoned in this subsection shall mean the failure to proceed
expeditiously with the construction work or the failure to undertake any
construction work during a continuous six month period.
4.36 Water Supply and Sewage Disposal Systems
No person shall hereafter occupy or use in whole or in part, any land, building or
structure for any residential, commercial, institutional or industrial purposes
unless the use, building or structure is properly connected to an approved water
supply and sewage disposal system, except as otherwise exempted under the
Building Code Act or other applicable legislation.
4.37 Yard Encroachments
Every part of any minimum yard shall be open and unobstructed from the ground
to the sky by any structure except for an accessory building or structure permitted
elsewhere in this By-law, provided however, that those structures listed below,
shall be permitted to project into the minimum required yards indicated for the
distances specified.
Township of Lanark Highlands Zoning By-law No. 2003-451
File P-920
November 18, 2003
Page 41
STRUCTURE
MAXIMUM PROJECTION INTO
REQUIRED YARD
Sills, cornices, eaves, gutters, chimneys, bay
windows pilasters or other ornamental
structures
1 m (3.28 ft.) into any required front, rear or
side yard
Canopies which are at least 2.13 m (7 ft.) in
vertical clearance above the established
grade, with or without supporting posts
2 m (6.56 ft.) into any required yard
Canopies for entrances to apartment
buildings and commercial buildings
Despite any other provisions in this By-law,
a canopy or portico over a major entrance to
an apartment building or commercial
building may project into the required yard a
distance equal to one-half (½) the setback of
the building from the street line
Window awnings
1.2 m (3.9 ft.) into any required yard
Steps, ramps for use by handicapped, and
walkways uncovered patios, sidewalks, drop-
awnings, garden trellises, flag poles, planting
materials, fences, retaining walls, clothes
lines
No maximum into any required yard
Unenclosed porch, uncovered platform
landing, patio or sun deck, balconies or steps
No maximum into any side yard and 3 m (9.8
ft.) into any required front or rear yard
setback provided that a 1.3 m (4.26 ft.)
minimum distance is maintained between the
structure and a lot line.
Accessory building
As permitted by and as specified in this By-
law