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Township of Lanark Highlands Zoning By-law No. 2003-451
File P-920
November 18, 2003
Page 1
The Corporation of the Township of Lanark Highlands
Comprehensive Zoning By-law
Foreword
This Zoning By-law affects all lands within the Township of Lanark Highlands. To use
this By-law, locate the subject property on the map schedules and determine the zone(s)
which affects the land. Then review the specific regulations relating to the zone(s) in
Section 5: Zones. It is also important to review Section 4: General Provisions and any
applicable definitions in Section 3: Definitions.
Changes to the requirements contained in this By-law may be made with prior approval
by the Township as provided for under the Planning Act. Significant changes may be
made through the zoning by-law amendment process. Minor variances may be granted by
the Township Committee of Adjustment. Both processes require formal applications to be
submitted to the Municipality and both involve mandatory public notification.
Should you have any questions about the interpretation of the wording of this by-law or
the process involved to obtain relief from its provisions, please contact the Township
Office.
Township of Lanark Highlands Zoning By-law No. 2003-451
File P-920
November 18, 2003
Page 2
The Corporation of the Township of Lanark Highlands
By-law No. 2003-451
Being a By-law to regulate the use of land,
buildings and structures within the
Township of Lanark Highlands;
WHEREAS authority is granted pursuant to
Section 34 of the Planning Act, R.S.O. 1990,
to Councils of Municipalities to enact by-
laws regarding the use and the erection and
use of buildings or structures within the
municipality;
NOW THEREFORE the Council of the
Corporation of the Township of Lanark
Highlands enacts as follows:
(Text of Zoning By-law)
Read a first and second time this 14th day of October, 2003.
Read a third time and adopted this 18th day of November, 2003.
Larry McDermott
Mark Kirkham
Mayor
Clerk
Certified that the above is a true copy of By-law No. 2003-451 as enacted and passed
by the Council of the Corporation of the Township of Lanark Highlands on the 18th
day of November, 2003.
Mary Kirkham
Clerk
Township of Lanark Highlands Zoning By-law No. 2003-451
File P-920
November 18, 2003
Page 3
Section 1 TITLE AND COMPONENTS
Explanatory Note
Section 1 names the By-law and components of the By-Law.
Reference should be made to the Zoning Schedules which
illustrate the geographic area to which the Zones in this
By-Law apply.
1.0
TITLE AND COMPONENTS
1.1
Title
This By-Law shall be known as the "Zoning By-Law of the Corporation of the
Township of Lanark Highlands".
1.2
Components
This By-Law is comprised of text and Schedules "A1, A2, A3, A4 and A5"
attached hereto.
Township of Lanark Highlands Zoning By-law No. 2003-451
File P-920
November 18, 2003
Page 4
Section 2 ADMINISTRATION
Explanatory Note
Section 2 identifies the administrative controls and
requirements of the By-law. It states its relationship with
other by-laws, defines the area to which it applies, how it is
to be enforced, etc. In essence, it identifies the legal
parameters within which the By-law functions.
2.0
ADMINISTRATION
2.1
Administrator
This By-law shall be administered by a person or persons designated by By-law
from time- to-time by Council as the "Zoning Administrator".
2.2
Applications and Plans
Applications and plans, where required, shall comply with the requirements of the
Planning Act and include such other information as may be required by the
Township.
2.3
Certificate of Occupancy
No change shall be made in the use of any land, building or structure within any
zone, without first obtaining a Certificate of Occupancy from the Municipality in
accordance with the Planning Act.
2.4
Defined Area
The provisions of this By-law shall apply to all land within the boundaries of the
Corporation of the Township of Lanark Highlands.
2.5
Effective Date
This By-law shall come into full force and effect on the date of passing by
Council, in accordance with the Planning Act as amended.
2.6
Inspection of Premises
1.
Subject to Section 49 of the Planning Act, 1990, where an officer believes
on reasonable grounds that a By-law passed under Section 34 or 38 (of the
Planning Act) is being contravened, the officer or any person acting under
Township of Lanark Highlands Zoning By-law No. 2003-451
File P-920
November 18, 2003
Page 5
his or her instructions, may at all reasonable times, and upon producing
proper identification, enter and inspect any property on or in respect of
which he or she believes the contravention is occurring.
2.
Except under the authority of a search warrant issued under Section 49.1
(of the Planning Act), an officer or any person acting under his or her
instructions shall not enter any room or place actually used as a dwelling
without requesting and obtaining the consent of the occupier, first having
informed the occupier that the right of entry may be refused and entry
made only under the authority of a search warrant.
3.
No person shall obstruct or attempt to obstruct an officer or person acting
under the officer's instructions in the exercise of a power under this
Section.
4.
For the purposes of this By-law, reasonable hours shall mean between 8:00
a.m. and 9:00 p.m. local time.
2.7
Penalty
1.
Every person who violates any of the provisions of this By-law is guilty of
an offense and upon conviction thereof shall forfeit and pay a penalty not
exceeding Twenty-Five Thousand Dollars ($25,000.00), on a first
conviction, and Ten Thousand Dollars ($10,000.00) on a subsequent
conviction for each day or part thereof upon which the contravention has
continued after the day of the first conviction.
2.
Where a corporation is convicted under subsection (1), the maximum
penalty that may be imposed is Fifty Thousand Dollars ($50,000.00) on a
first conviction and Twenty Five Thousand Dollars ($25,000.00) on a
subsequent conviction for each day or part thereof upon which the
contravention has continued after the day of the first conviction.
3.
In the case where any building or structure is erected or altered, or any part
thereof is used, or any lot is used, in contravention of any of the
requirements of this By-law, such contravention may be restrained by
action at the instance of any ratepayer or of the Corporation pursuant to the
provisions of the Municipal Act or the Planning Act in that behalf.
2.8
Interpretation
The provisions of this By-law shall be held to be the minimum requirements
except where the word maximum is used, in which case the maximum
requirement shall apply.
In this By-law, the word "shall" is mandatory; words in the singular include the
Township of Lanark Highlands Zoning By-law No. 2003-451
File P-920
November 18, 2003
Page 6
plural; words in the plural include the singular; words in the present tense include
the future.
Where linear distances other than those referring to vertical measurements are
specified, such linear distances are to be measured on a horizontal plane.
Explanatory notes and text shown in italicized script, except for provincial
statutes and regulations cited in this By-law, are provided for information
purposes only and do not constitute a legal part of this By-law.
2.9
Licenses and Permits
Nothing in this By-law shall exempt any person from complying with the
requirements of any other By-law in force within the area affected by this By-law,
or from applying for and obtaining any permit, license, permission, authority or
approval required by this or any other By-law or regulation of the Corporation or
by any other law or regulation in force from time- to-time.
2.10
Remedies
In the case where any building or structure is erected or altered, or any part thereof
is used, or any lot is used, in contravention of any of the requirements of this By-
law, such contravention may be restrained by action at the instance of any
ratepayer or of the Corporation pursuant to the provisions of the Municipal Act or
the Planning Act in that behalf.
2.11
Validity
Should any Section or part of a Section of this By-law or Schedule attached hereto
be declared by a court of competent jurisdiction to be invalid, the same shall not
affect the provisions of the By-law as a whole or any part thereof other than the
part declared to be invalid.
2.12
Relation to Other By-laws and Regulations
In the event of conflict between this By-law and amendments thereto, and any
general or special By-law, the most restrictive By-law shall prevail.
Nothing in this By-law shall exempt any person from complying with the
requirements of any other By-law in force within the Township of Lanark
Highlands, or from applying for and obtaining any permit, license, permission,
authority or approval required by this or any other By-law or regulation of the
Corporation or by any other restrictions lawfully imposed by an authority having
jurisdiction to make such restrictions.
Township of Lanark Highlands Zoning By-law No. 2003-451
File P-920
November 18, 2003
Page 7
2.13
Repeal of Existing Zoning By-laws
All existing Zoning By-laws passed pursuant to the Planning Act, or a predecessor
thereof, are hereby repealed and such repeal shall come into effect upon the date
this By-law comes into force.
Township of Lanark Highlands Zoning By-law No. 2003-451
File P-920
November 18, 2003
Page 8
Section 3 CONFORMITY
Explanatory Note
This short section establishes the authority and legitimacy of the By-law. It is
composed of two statements which establish the primacy of the regulations stated
within. This section also establishes the role of the Committee of Adjustment.
3.0
CONFORMITY REQUIREMENTS
3.1
No land, building or structure shall be used and no building or structure shall be
erected, enlarged, placed, or altered for any purpose within the Township of
Lanark Highlands, except in conformity with the provisions of this By-law.
3.2
Subject to the granting of such minor variance(s) as may be necessary to grant
relief from the provisions of this By-law, no lands shall be severed from any
existing lot if the effect of such action is to cause the original, adjoining,
remaining or new building, structure or lot to be in contravention of any provision
of this By-law.
3.3
Committee of Adjustment
Pursuant to the provisions of Sections 44 and 45 of the Planning Act, a duly
appointed Committee of Adjustment is authorized to grant relief to any of the
provisions of this By-law, by way of granting a minor variance or by giving a
permission for the enlargement or extension of a non-conforming use or to permit
a change of use of a non-conforming use to a similar or more compatible use.
Explanatory Note
The Committee of Adjustment, as appointed by Council, is duly authorized under
Section 45 of the Planning Act, upon the application of the owner of any land,
building or structure affected by this By-law, to grant a minor variance from the
provisions of this By-law as in its opinion is desirable for the appropriate use of
the land, building or structure if the general intent of the Zoning By-law and
Official Plan are maintained. Minor variances may, for example, be granted to
the lot area, lot frontage, setbacks, height of buildings, parking provisions or any
other standard set out in this By-law. Minor generally means a variation that is
less than a 25% difference to a zoning standard and does not include a change in
any of the permitted uses in a zone.