Zoning By-Law No. 1465-13, s.4.11 (Fences) & s.4.1.2 (Swimming Pools)

Larder Lake, Ontario

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Township of Larder Lake Zoning By-law N0. 1465-13 File P-1880 June 25, 2013 247 Hearst Street North Bay, ON P1B 8Z2 Tel: (705) 475-0040 TF: (866) 924-0128 Email: [email protected] Township of Larder Lake Zoning By-law - June 25, 2013 i The Corporation of the Township of Larder Lake Zoning By-Law № 1465-13 Table of Contents Explanatory Note ...................................................................................................................... iv How to Use this By-law ............................................................................................................ vii Section 1 ADMINISTRATION ............................................................................................. 8 1.1 Title .............................................................................................................................. 8 1.2 Applications and Plans ................................................................................................. 8 1.3 Defined Area ................................................................................................................ 8 1.4 Effective Date .............................................................................................................. 8 1.5 Enforcement ................................................................................................................. 9 1.6 Inspection of Land, Buildings and Structures .............................................................. 9 1.7 Penalty .......................................................................................................................... 9 1.8 Repeal and Relationship to Former By-laws ............................................................. 10 1.9 Validity....................................................................................................................... 10 1.10 Other By-laws, Licenses, Permits and Regulations ............................................... 10 1.11 Conflict ................................................................................................................... 10 1.12 Interpretation .......................................................................................................... 10 Section 2 CONFORMITY REQUIREMENTS ...................................................................... 1 Section 3 DEFINITIONS ....................................................................................................... 1 Section 4 GENERAL PROVISIONS ..................................................................................... 1 4.1 Accessory Buildings, Structures and Uses ................................................................... 1 4.2 Accessory Residential Uses ......................................................................................... 4 4.3 Automobile Service Stations and Gasoline Bars ......................................................... 5 4.4 Bed and Breakfast Establishments ............................................................................... 6 4.5 Buildings to be Moved ................................................................................................. 6 4.6 Camps (Hunt Camps, Fishing Camps) ......................................................................... 7 4.7 Change of Use .............................................................................................................. 7 4.8 Cumulative Standards .................................................................................................. 7 Township of Larder Lake Zoning By-law - June 25, 2013 ii 4.9 Drive-Through Facilities .............................................................................................. 7 4.10 Established Building Lines ....................................................................................... 8 4.11 Fences ....................................................................................................................... 8 4.12 Flood Plain ............................................................................................................... 9 4.13 Frontage on Roads and Water ................................................................................ 10 4.14 Height Exceptions .................................................................................................. 11 4.15 Home Based Businesses ......................................................................................... 12 4.16 Illumination ............................................................................................................ 14 4.17 Land Suitability for Use ......................................................................................... 14 4.18 Loading Space Requirements ................................................................................. 14 4.19 More than One Zone Applying to a Lot ................................................................. 15 4.20 Natural Vegetation Buffer ...................................................................................... 16 4.21 Non-Conforming Uses, Buildings, Structures and Lots ......................................... 16 4.22 Occupancy Restrictions .......................................................................................... 18 4.23 Open Storage .......................................................................................................... 18 4.24 Parking Requirements ............................................................................................ 19 4.25 Permitted Encroachments in Yards ........................................................................ 23 4.26 Public Uses Permitted ............................................................................................ 24 4.27 Sight Triangles ....................................................................................................... 25 4.28 Signs ....................................................................................................................... 25 4.29 Special Setbacks and Separation Distances ............................................................ 26 4.30 Streets, Paths and Parks .......................................................................................... 29 4.31 Temporary Construction Uses Permitted ............................................................... 29 4.32 Water Supply and Sewage Disposal ....................................................................... 30 Section 5 ZONES ................................................................................................................... 1 5.1 Zone Classification ...................................................................................................... 1 5.2 Zones ............................................................................................................................ 1 5.3 Interpretation of Zone Boundaries ............................................................................... 1 5.4 Use of Zone Symbols ................................................................................................... 2 5.5 LOW DENSITY RESIDENTIAL (R1) ZONE ........................................................... 4 5.6 MEDIUM DENSITY RESIDENTIAL (R2) ZONE .................................................... 6 5.7 HIGH DENSITY RESIDENTIAL (R3) ZONE......................................................... 10 5.8 RURAL RECREATIONAL RESIDENTIAL (R4) ZONE ....................................... 12 5.9 TOWNSITE CENTRE (TC) ZONE .......................................................................... 13 Township of Larder Lake Zoning By-law - June 25, 2013 iii 5.10 HIGHWAY COMMERCIAL (HC) ZONE ........................................................... 15 5.11 RECREATIONAL COMMERCIAL (RC) ZONE ................................................ 17 5.12 INDUSTRIAL (M) ZONE ..................................................................................... 19 5.13 EXTRACTIVE INDUSTRIAL (MX) ZONE ........................................................ 21 5.14 INSTITUTIONAL (I) ZONE ................................................................................. 22 5.15 OPEN SPACE (OS) ZONE .................................................................................... 24 5.16 ENVIRONMENTAL PROTECTION (EP) ZONE ............................................... 25 5.17 NATURAL RESOURCES (NR) ZONE ................................................................ 26 5.18 MINERAL MINING (MM) ZONE ....................................................................... 28 Township of Larder Lake Zoning By-law - June 25, 2013 iv Explanatory Note The purpose of this By-law is to implement the Official Plan of the Township of Larder Lake and to regulate the use of land and the character, location and use of buildings and structures in the Township of Larder Lake. This By-law applies to all land within the Township of Larder Lake. The By-law is passed by the authority of the Planning Act. Its contents conform to the Official Plan for the Township of Larder Lake. After the date of adoption of this By-law, any new development, redevelopment or alteration to an existing use or building must comply with the requirements of this By-law before a building permit can be issued. Applicants are encouraged to pre-consult with the Township on how the zoning requirements apply. Changes to the requirements contained in this By-law may be made with prior approval from the Township as provided for under the Planning Act. Significant changes may require an amendment to the Zoning By-law. Minor variances to the By-law may be granted by the Township. Minor Variances Criteria for evaluating Minor Variances (section 45(1) of the Planning Act): (1) The general intent and purpose of the Official Plan are maintained; (2) The general intent and purpose of the Zoning By-law are maintained; (3) The variance is minor; and (4) The proposed use of land, building or structure is desirable for appropriate development. Application must meet all four tests to be approved. Where a proposed variance is not minor or cannot satisfy the criteria for a minor variance, an amendment to this Zoning By-law may be required. Zoning By-law Amendments The Zoning By-law may be amended where the proposed amendment is consistent with the Township's Official Plan. In accordance with the requirements of Section 34 of the Planning Act, the usual procedure for amendments involves the following steps: (1) The person or public body wishing to change the Zoning By-law consults with the municipality and then makes an application to the Council of the Corporation of the Township of Larder Lake to amend the By-law (subsection 34(10.0.1) of the Planning Act). (2) Council determines whether the application is a 'complete' application. Additional information, reports or studies may be required to support the proposed amendment. Township of Larder Lake Zoning By-law - June 25, 2013 v Council has 30 days from the date of application to determine whether the application is complete (s. 34(10.1-10.3)). (3) Once the application is considered complete, Council circulates to prescribed agencies and bodies a Notice of Complete Application (s. 34(10.4)). If Council deems an application incomplete or does not make a decision within 30 days from the date of application, the person or public body may appeal to the Ontario Municipal Board (OMB) to determine whether the application is complete (s. 34(10.5). (4) If an application is considered complete, Council advertises that a Public Meeting will be held in order to consider the amendment to Zoning By-law. Advertisement is given 20 days in advance of the meeting (s. 34(12-13, 14.1)). (5) Council holds a Public Meeting and evaluates the appropriateness of the proposed amendment. Council considers the proposal's conformity with the Official Plan, adequacy of services, conformity with the provisions of the requested zone, suitability of the proposed use in the proposed location, public opinion, etc. If the application is satisfactory, the amending by-law is passed by Council. (6) Within 15 days of approval or refusal of the application, the Clerk will give written notice of the approval of the application by advertisement and to those who made written request to receive notice of a decision and the applicant (s. 34(10.9, 18)). (7) If Council approves the application, any person who stated their opinion on record prior to the application being approved may appeal the decision of Council to the OMB within 20 days of notice being given of approval to the amendment to the Zoning By-law (s. 34(19)). (8) If Council refuses to approve the application or Council does not make a decision within 120 days from the date the application is deemed complete, the person or public body may appeal to the OMB within 20 days of the notice of decision of refusal of the application or within 20 days of the lapsing of the 120-day period (s. 34(11, 11.0.2)). (9) Amendment to the Zoning By-law comes into force if no appeal is filed within 20 days of the notice of decision notifying of the approval of the amendment (s. 34(21)). (10) If a decision or lack of decision is appealed to the OMB, the Board can make any decision the Council of the Township had in regard to the specific application (s. 34(26)). Validation of Title and Land Titles A lot is defined in this by-law to mean a parcel or tract of land, within a registered plan or subdivision or described in a deed or other legal document that is capable of being legally conveyed. This typically means a lot which is created under the Planning Act. In the Rural area, lots were created under an original plan of survey or as a patented mining claim. Since Township of Larder Lake Zoning By-law - June 25, 2013 vi they were not created under the Planning Act, the lots will merge on title were they are owned by the same property owner. For example, if the same land owner buys Lots 1 and 2, Concession 1 in Skead Township, the lots will merge and become one lot. This means that if the land owner wants to build on each of the original lots, the land owner will require a land severance under the Planning Act to create two separate lots. In some circumstances, there may be a question of title of a parcel where a property owner has conveyed part of his land holdings after universal subdivision control came into effect (1970). Where there is questionable title to abutting lands created under the Planning Act, a property owner may apply under Section 57 of the Planning Act for a 'validation of title'. Township of Larder Lake Zoning By-law - June 25, 2013 vii How to Use this By-law Step 1 - Locate Your Property and Determine the Zone Use the zoning schedules (maps) at the end of this document to locate the property you are interested in. Identify the zone symbol that applies to that property. Zone examples include R1, R2, R3, R4, TC, HC, RC, M, MX, I, OS, EP, NR and MM. Step 2 - Determine What Uses are Permitted in the Zone Use the Permitted Uses section of your Zone to determine what uses are permitted in the Zone you have identified. Run your finger down the list to find the use you are interested in. If you find the use you are interested in, it is permitted in the Zone. Otherwise, it is not permitted in that Zone. Step 3 - Determine What Zone Requirements Apply Once the use is determined to be permitted, move down to the Zone Requirements section. In this section it will indicate what the minimum requirements will be, i.e. minimum lot area, frontage etc. These standards will help you determine where you can locate a building or structure on your lot. Step 4 - Determine if any General Provisions Apply Development of the property may be affected by Section 4 (General Provisions). General Provisions can apply to any zone anywhere in the municipality. This section contains provisions that apply to such matters as Accessory Uses, Height Exceptions, Home Based Businesses, etc. Use this section to determine how a particular land use might be affected. Step 5 - Clarify the Meaning of a Use Throughout the by-law some words are shown in black italicized script. These words are defined in Section 3 (Definitions). If you are unsure as to what a particular word means or what the scope of a permitted use includes, then refer to the alphabetical list of definitions to assist you. This section also contains illustrations which are intended to help with understanding the definition. Township of Larder Lake Zoning By-law - June 25, 2013 1-8 Section 1 ADMINISTRATION Explanatory Note Section 1 identifies the administrative controls and requirements of the By-law. It names the By-law, 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. 1.1 Title This By-law shall be known as the Zoning By-law or By-law No. 1465-13 of the Corporation of the Township of Larder Lake. 1.2 Applications and Plans In addition to the requirements of any Building By-law, every application for a building permit shall be accompanied by a plan, drawn to scale and showing the following: (a) the true shape, dimensions and/or legal description of the lot to be built upon or otherwise used; (b) the proposed location, height and dimensions of any building, structure or use proposed for such lot; (c) the proposed location, setback, height and dimensions of yards, landscaping, off-street parking spaces and off-street loading spaces required by this By-law; (d) the location of all existing buildings or structures on the lot, including the lot area, lot coverage of existing and proposed structures; (e) a statement, signed by the owner disclosing the current use of all existing and proposed uses of land, buildings or structures and such other information as may be required to determine whether the uses conform with the requirements of this by-law. 1.3 Defined Area The provisions of this By-law shall apply to all lands within the municipal boundaries of the Corporation of the Township of Larder Lake. 1.4 Effective Date Township of Larder Lake Zoning By-law - June 25, 2013 1-9 This By-Law shall come into full force and effect on the date of passing by Council, in accordance with Section 34 of the Planning Act, R.S.O. 1990, as amended. 1.5 Enforcement This By-law shall be administered by the Zoning Administrator or such other person as may from time to time be designated by Council, and no permit for the use of land or for the erection or use of any building or structure or approval of application for any municipal license within the jurisdiction of the Council shall be issued or given where the proposed building, structure or use would be a violation of any provision of this By-law. 1.6 Inspection of Land, Buildings and Structures (a) Subject to Sections 49 and 49.1 of the Planning Act, R.S.O. 1990, the Chief Building Official or other such person as may from time-to-time be designated by Council or any person acting under his or her instructions, and upon producing proper identification, is hereby authorized to enter, at all reasonable times, upon any property or premises for the purpose of carrying out his duties under this By-law. (b) Notwithstanding any provisions of Section 1.6(a) hereof to the contrary, no officer or employee of the Corporation shall enter any room or place actually being used as a dwelling unit without obtaining the consent of the occupier, first having informed the occupier that the right of entry may be refused, except under the authority of a search warrant issued under Section 158 of the Provincial Offenses Act. 1.7 Penalty (a) 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. (b) Where a corporation is convicted under subsection (a), 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. (c) 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. Township of Larder Lake Zoning By-law - June 25, 2013 1-10 1.8 Repeal and Relationship to Former By-laws Insofar as it applies to the lands affected by this By-law, any By-laws passed under Section 34 of the Planning Act, R.S.O. 1990, or its predecessor, are hereby repealed. The adoption of this By-law shall not prevent any pending or future prosecution of, or action to abate any existing violation of the said By-laws if the violation is also a violation of any of the provisions of this By-law. 1.9 Validity Should any Section or part of a Section of this By-law or Schedule hereto be declared by a court of competent jurisdiction to be invalid, the same shall not affect the provisions of this By-law as a whole or any part thereof other than the part declared to be invalid. 1.10 Other By-laws, Licenses, Permits and Regulations 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 and restrictions lawfully imposed or in force by an authority having jurisdiction to make such restrictions. 1.11 Conflict In the event of a conflict between this By-law and amendments thereto, and any general or special By-law, the most restrictive By-law shall prevail. 1.12 Interpretation (a) Interpretation The Legislation Act, S.O. 2006 applies to this By-law. (b) Definitions Definitions are given in this By-law to aid in the understanding and implementation of the true spirit, intent and meaning of the By-law. They are not to be used to avoid an obligation imposed by the By-law or any requirement enacted in a substantive provision of the By-law. All terms shown in bold italicized font (e.g. hotel, place of amusement, alter, interior side yard, place) in this By-law are defined in Section 3. Township of Larder Lake Zoning By-law - June 25, 2013 1-11 (c) Citation This By-law may be cited by its long title ("A By-law to Regulate the Use of Land, Buildings and Structures within the Township of Larder Lake"), its short title ("Township of Larder Lake Zoning By-law") or its by-law number, and any such citation is to be taken as meaning the By-law as amended. (d) Gender Neutrality This By-law is gender neutral and, accordingly, any reference to one gender includes the other. (e) Reference Appendices, diagrams, glossaries, explanatory notes, headings, indices, marginal notes and references to former enactments or enabling legislation after a section or other division of the By-law, do not form part of the By-law and are inserted for convenience of reference only. (f) Measurement This By-law utilizes the metric system to establish measurements when such measurements form part of a regulation or a requirement. Imperial measurements are inserted for convenience of reference only. In this By-Law, the word 'shall' is mandatory; words in the singular include the 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. Township of Larder Lake Zoning By-law - June 25, 2013 2-1 Section 2 CONFORMITY REQUIREMENTS Explanatory Note This Section establishes the authority and legitimacy of the By-law. It is composed of statements which indicate that all development must comply with the zoning by- law. 2.1 No land, building or structure shall be used and no building or structure shall be used, erected or enlarged, altered or placed for any purpose within the area defined by this By-law, except as specifically, or by necessary implication, authorized by this By-law and in conformity with all the applicable provisions of this By-law. 2.2 Subject to the granting of such minor variances as may be necessary, 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, lot or use of land to be in contravention of any provision of this By- law. 2.3 Various definitions within this by-law state that a use is permitted on land or within a structure or in a building. Where the use is an outdoor type use, the setback provisions of the by-law shall still apply. Consequently, the area occupied by the outdoor use shall be treated as if it were a building so that the setback from a lot line can be enforced. (An example might be a motorsport facility where you have an outdoor track. If the setback from the property line was 30 m then the edge of the track would be treated as a building and the setback of 30 m would apply to that distance.) 2.4 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 provisions of the Zoning By-law of the Township of Larder Lake, 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 to a similar or more compatible use or to authorize a use that conforms with those permitted in the By-law, despite that a use, building or structure may be defined in general terms. Township of Larder Lake Zoning By-law - June 25, 2013 3-1 Section 3 DEFINITIONS Explanatory Note For the purpose of this By-law, the definitions and interpretations given in this Section shall govern. In this By-law, the word 'shall' is mandatory and not directory; words in the singular include the plural, words in the plural include the singular; the word 'used' includes 'arranged', 'designed' or 'intended to be used'. The word 'occupied' shall include 'designed to be occupied' and 'arranged to be occupied'. General Definitions of words and phrases used in this By-law that are not included in the list of definitions in Section 3 shall have the meanings that are commonly assigned to them in the context in which they are used as defined in the dictionary. 3. A Accessory When used to describe a use, building or structure, means a use, building or structure naturally or normally incidental, subordinate and exclusively devoted to a main use, building or structure and located on the same lot therewith. (See Figure 3-4) (Examples of accessory buildings or structures are a detached garage, a storage shed, a sleep cabin or a swimming pool. Examples of accessory uses are a home based business or a retail outlet within a manufacturing plant.) Accessory Apartment - see Dwelling - Apartment-in-a-House Accessory Building - see Accessory Accessory Dwelling - see Dwelling - Accessory Accessory Structure - see Accessory Accessory Use - see Accessory Adverse Effects In accordance with the Environmental Protection Act, adverse effect shall mean one or more of: (a) impairment of the quality of the natural environment for any use that can be made of it; (b) injury or damage to property or plant and animal life; (c) harm or material discomfort to any person; (d) an adverse effect on the health of any person; (e) impairment of the safety of any person; (f) rendering any property or plant or animal life unfit for human use; (g) loss of enjoyment of normal use of property; and Township of Larder Lake Zoning By-law - June 25, 2013 3-2 (h) interference with normal conduct of business. Aggregate Means gravel, sand, clay, earth, shale, limestone, dolostone, sandstone, marble, granite, rock other than metallic ores, asbestos, graphite, kyanite, mica, nepheline syenite, salt, talc, wollastonite, mine tailings or other material prescribed under the Mining Act. Agricultural Use Means the use of land, building(s) or structure(s) for: (a) the growing of crops, including all related activities such as soil preparation, manure or fertilizer storage and application, planting, spraying, grain drying, irrigating, harvesting and also including the storage and sale of the crops; (b) animal husbandry including the raising, boarding, and keeping of all forms of livestock and fish (not including domestic animals such as dogs or cats), and all related activities such as breeding, training, feeding, manure storage and grazing; (c) the production of animal products such as milk, eggs, wool, fur, or honey, including related activities such as the collection, storage and sale of the products; (d) the use and storage of all forms of equipment or machinery needed to accomplish the foregoing activities. Agricultural use shall not be construed to include commercial activities related to agriculture such as abattoirs, tanneries and retail sales outlets, or manufacturing and processing activities involving farm crops or animal products such as cheese factories, grain mills or retail seed sales, but may include the production and incidental sale of maple syrup. Airfield, Private Means land used for the purpose of landing, storing, taxiing or taking-off of private aircraft and uses, buildings or structures accessory thereto, but shall not include a commercial airport or airport governed by the Aeronautics Act. Aisle Means the travelled way by which motor vehicles enter and depart parking spaces. Alter (a) When used in reference to a building, structure or part thereof, means: (i) to change any one or more of the external dimensions of such building or structure; or (ii) to change the type of construction of the exterior walls or roof of such building or structures; or Township of Larder Lake Zoning By-law - June 25, 2013 3-3 (iii)to change the use of such building or structure or the number or types of uses or dwelling units contained therein. (b) When used in reference to a lot means: (i) to change the boundary of such lot with respect to a street or lane; or (ii) to change any dimension or area, relating to such lot; or (iii)to change the use of such lot or the number of uses located thereon. (c) When used in reference to a shoreline: (i) means to change, straighten, divert or interfere in any way with the channel of any watercourse or the lands surrounding the high water mark of a water body. Ambulance Facility Means a place or part thereof where professional paramedics and personnel are stationed and their vehicles and equipment are kept. Apartment Building - see Dwelling - Apartment Apartment-in-a-house - see Dwelling - Apartment-in-a-House Art Gallery Means a place where paintings, sculptures or other works of art are exhibited or sold. Asphalt Plant Means an industrial facility used for the production of asphalt for immediate use in the paving of roads and driveways and the damp-proofing of buildings or structures. Attached Means a building or structure otherwise complete in itself which is connected to, and which depends for structural support upon a division wall or walls shared in common with an adjacent building or buildings. Auto Body Shop Means a building or part thereof with a service bay, where painting, refinishing, restoration, alterations or repairs are made to motor vehicles and where the services are performed for gain or profit, but does not include a salvage yard. Auto Repair Garage Means a building used for the storage repair and servicing of motor vehicles, having at least one (1) service bay where repairs essential to the actual operation of a motor vehicle are performed for gain or profit. Automobile Service Station Means a place or a clearly defined space on a lot where gasoline or other motor vehicle fuels and conveyance accessories are stored or kept for sale and where only minor or running repairs Township of Larder Lake Zoning By-law - June 25, 2013 3-4 essential to the actual operation of motor vehicles are executed or performed, but shall not include any other automotive use defined in this By-law. (See also Gasoline Bar) Automotive Sales Establishment Means a place used principally for the display and sale of new and/or used motor vehicles and may include the servicing, repair, cleaning, body repair and repainting of motor vehicles, the sale of automotive accessories and related products and the leasing or renting of motor vehicles, but shall not include any other defined automotive uses. (See also Recreational Vehicle Sales and Storage) 3. B Bake Shop Means a retail store where bakery products are offered for sale, some or all of which may be prepared on the premises. Bakery Means a building or part thereof for producing, mixing, compounding or baking bread, biscuits, cakes or other baked products and may include an accessory retail store which sells goods manufactured on the premises. Bank Means an establishment in a building or part thereof where money is deposited, kept, lent or exchanged. Barrier-Free Parking Space - see Parking Space, Barrier Free Basement Means that portion of a building between two floors which is partly underground but which has at least one- half of its height from floor to ceiling above the adjacent finished grade. (See Figure 3- 1) Bed and Breakfast Establishment Means a single detached dwelling in which no more than four (4) guest rooms are made available for the temporary accommodation of the travelling or vacationing public. Such an establishment shall be occupied by the owner of the dwelling unit or the lessee of the entire unit and may offer meals to those guests residing in the establishment, but shall not offer services to non-guests. Figure 3-1 Township of Larder Lake Zoning By-law - June 25, 2013 3-5 Bingo Hall Means a building or premise or part thereof used for bingo or a bingo event and is duly registered under the Gaming Control Act and is in compliance with municipal by-laws and approvals. Boat House Means a building or structure or part thereof not over 4.8 m (15.7 ft.) in height, used for the storage of private boats and equipment accessory to their use, as an accessory use to a residential use, no part of which shall be used for any residential or commercial purpose. Despite anything in the foregoing to the contrary, rooftop decks or patios and screened enclosures (i.e. gazebos) shall be allowed provided that the total aggregate height of all boat house structures does not exceed the maximum height limit by more than 1.2 m (4.0 ft.). Boat Launch Means an area of land adjacent to a water body or watercourse that is used to launch and remove small water vehicles from the water. Boat launches may be public or private. Boat Slip Means a temporary mooring space that is provided for the use of visitors arriving and departing by a water vehicle. Buffer Strip Means a landscaped or planted area reserved for the purpose of screening or obstructing the view of buildings, land or structures or shielding or blocking noise, lights or other nuisances by the planting of trees and shrubs or fences. (See Figure 3-2) Building Means any structure used or intended for sheltering any use or occupancy. The word 'building' shall include the whole of such structure or part thereof and shall include any building types as regulated by the Ontario Building Code. Building Code Means the Ontario Building Code Act and regulations thereunder, and any amendments thereto. Figure 3-2 Township of Larder Lake Zoning By-law - June 25, 2013 3-6 Building Envelope Means the buildable area on a lot, as defined by all of the required yards and setbacks and the maximum height provisions, within which a building can be erected. (Figure 3-3) Building Height - see Height Building Inspector - see Chief Building Official Building, Main Means a building in which is conducted the principle uses of the lot on which it is situated. (See Figure 3-4) Building, Mixed Use Means a building containing more than one land use category (e.g. retail commercial and residential, office and residential, industrial and retail, etc.) that are conceived and designed as a single structure. Building Official - see Chief Building Official Building, Temporary Means a building or structure intended for removal or demolition within a prescribed time not exceeding two (2) years or as set out in a building permit. Building Supply Store Means a commercial place where building supplies such as lumber, millwork, siding, roofing, plumbing, electrical, heating, air conditioning, home improvement and similar goods are stored, displayed, and kept for retail sale. This definition shall not include a lumber yard or a salvage yard. By-law Enforcement Officer Means the officer or employee of the Township, or an amalgam of municipalities of which the Township is a part of, charged with the duty of administering and enforcing the provisions of municipal by-laws. Figure 3-4 Figure 3-3 Township of Larder Lake Zoning By-law - June 25, 2013 3-7 3. C Camp (Hunt Camp, Fishing Camp) Means a building or structure intended to provide basic shelter and accommodation on a short- term basis for persons engaged in such activities as hunting, fishing, snowmobiling, hiking or other similar forms of recreation and to which no public services are provided (hydro, water, sewage, garbage collection, or road maintenance). The definition of camp shall not include a seasonal dwelling or any other dwelling defined herein. Campground Means an area of land, managed as a unit, providing short-term accommodation for tents, recreational vehicles or campers where a fee is charged for such accommodation, but shall not include mobile homes or a mobile home park. A campground may include accessory uses, buildings and structures such as a laundromat, convenience store, sale of propane fuels or others that are generally accessory to the operation of the campground. Campsite Means a plot or parcel of land within a campground intended for the exclusive temporary occupancy by a recreational vehicle, tent or similar transportable accommodation together with all yards and open space and may include on-site services such as a fire pit, hydro, water and sewage disposal. Car Port Means a partially enclosed structure intended or which is used for the sheltering of one or more motor vehicles. A car port attached to the main building is not an accessory structure (See Figure 3-5). A semi-detached car port is an accessory structure divided vertically into two (2) separate car ports by a common wall where each separate private car port is located on separate, adjoining lots. Car Shelter - see Temporary Car Shelter Car Wash Means a building or structure or portion thereof used for washing or cleaning of motor vehicles for gain, and may include the sale of fuel (e.g. gasoline, diesel, propane) and oil to its customers. A car wash may be an accessory use to a principle main use (e.g. automobile service station). Catering Establishment Means a commercial establishment or home based business in which food and beverages are prepared for consumption off the premises and are not served to customers on the premises or to take-out. Figure 3-5 Township of Larder Lake Zoning By-law - June 25, 2013 3-8 Cellar Means the portion of a building between two floors, which is partly underground and which has more than one-half of its height from floor to ceiling below the finished grade. (See also Basement and Figure 3-1) Cemetery Means land set aside to be used for the interment of human remains and includes a mausoleum, columbarium or other building or structure intended for the interment of human remains. Chief Building Official Means an officer or employee of the Corporation of the Township of Larder Lake or an amalgam of municipalities of which Larder Lake is a part of, appointed to enforce the provisions of the Building Code Act. Chip Wagon - see Licensed Refreshment Sales Vehicle Cinema - see Theatre Clinic Means a building or part thereof used solely for the purpose of consultations, diagnosis and treatment of patients, by more legally qualified medical professionals (e.g. physicians, dentists, optometrists, chiropodists, chiropractors or drugless practitioners), together with their qualified assistants and without limiting the generality of the foregoing, the building may include administrative offices, waiting rooms, laboratories, pharmacies or dispensaries directly associated with the clinic, but shall not include accommodation for in-patient care or operating rooms for major surgery. Club - see Private Club Commercial Floor Space Means the sum of the areas of all floors of a building or part thereof used for commercial purposes measured between the internal faces of the exterior walls, excluding the furnace- room, laundry-room, washroom, stairwell or elevator shaft, or any area designed or used permanently for storage space. Commercial Greenhouse Means a commercial place used for the growing of flowers, vegetables, shrubs, trees, and similar vegetation for wholesale or retail sale. This definition shall not include any premises for the growing of mushrooms. Commercial Use Means the use of land, buildings and/or structures for the purposes of buying and selling of commodities and supplying of services, as distinguished from such uses as manufacturing or assembling of goods, warehousing and construction. Commercial use also includes highway commercial use and those commercial uses which rely on the tourist population. Examples of commercial uses include retail stores, offices, automobile service stations, etc. Township of Larder Lake Zoning By-law - June 25, 2013 3-9 Commercial Zone Means the Townsite Centre (TC) Zone, the Highway Commercial (HC) Zone or the Recreational Commercial (RC) Zone. Communal Services - see Private Communal Sewage Services and Private Communal Water Services Communications Facility Means an installation which transmits, receives and/or relays communications such as a microwave relay tower, telephone line, cellular telephone tower, wireless internet tower, radio or television broadcast tower or similar facility. Community Centre Means a place used for community activities, the ownership and/or maintenance of which is vested with the Township or other organization for non-commercial purposes. Without limiting the generality of the foregoing, community centres may include parks and open space, sports fields, skateboard parks, playgrounds, courts, gymnasiums, places of assembly, swimming pools, facilities for indoor and outdoor recreational, social or cultural activities. Condominium Means a building or buildings or part thereof which is held in separate private ownership and where common elements are owned by the tenants in common (e.g. recreational facilities, open space, outdoor areas, etc.) and which is administered and maintained by a corporation pursuant to the provisions of the Condominium Act. A condominium may be for a residential, commercial or industrial use. Conservation Use Means the use of lands which are intended to remain open in character with the priority use given to preservation of their ecological uniqueness, wildlife production and their natural features and may include non-commercial recreational uses only if conservation of the resource is not jeopardized. Construction Yard or Contractor's Yard Means the place used as a depot for the storage and maintenance of equipment used by the contractor or company, and may include facilities for the administration or management of the business and the stockpiling or storage of supplies used in the business, but does not include the crushing of virgin or recyclable aggregates or materials and the wholesale or retail sale of building supplies or home improvement supplies. Continuum-of-Care Facility Means a building or a group of buildings which may include a seniors citizens apartment building, a nursing home, a long-term care facility, home for the aged and facilities associated with, and designed specifically to serve, the senior citizen population, such as clinics, recreation centres, cafeterias, and personal service establishments, and may also include independent senior's accommodation in separate structures/living units that share in services, such as meals, medical care services, or recreation that are provided by the facility. A Township of Larder Lake Zoning By-law - June 25, 2013 3-10 continuum-of-care facility differentiates from a nursing home in that those lodged at a continuum-of-care facility are not capable of living independently without nursing care. Convenience Store Means a commercial establishment in a building or part thereof that sells convenience goods and items of day-to-day personal or household use or necessity including food, beverages, on- the-shelf pharmaceutical drugs, limited hardware products, tobacco products, periodicals and other such products. Corporation Means the Corporation of the Township of Larder Lake. Council Means the Council of the Corporation of the Township of Larder Lake. Coverage - see Lot Coverage Crisis Care Facility Means a residence that is licensed or funded by the Province of Ontario for the provision of short term accommodation (averaging one month or less) of 3 to 10 persons, exclusive of staff, living under supervision in a single housekeeping unit and who, by reason of their emotional, mental, social or physical condition or legal status, require a group living arrangement for their well-being. Crisis Housing - see Crisis Care Facility 3. D Day Care - see Day Nursery Day Nursery Means an establishment governed by the Day Nurseries Act that receives more than five (5) children who are not of common parentage, primarily for the purpose of providing temporary care, or guidance, or both temporary care and guidance, for a continuous period not exceeding twenty-four hours, where the children are, (a) under eighteen years of age in the case of a day nursery for children with a developmental disability, and (b) under ten years of age in all other cases. Deck Means a structure abutting a dwelling or building with no roof or walls except for visual partitions and railings which is constructed on piers or a foundation above-grade for use as an outdoor living area. Detached When used in reference to a building or structure, means a building or structure which is not dependent on any other building or structure for structural support or enclosure. Township of Larder Lake Zoning By-law - June 25, 2013 3-11 Development Means the creation of a new lot, a change in land use, or the construction of buildings and structures requiring approval under the Planning Act and shall be taken to include redevelopment, but does not include activities that create or maintain infrastructure authorized under an environmental assessment process, works subject to the Drainage Act, or underground or surface mining of minerals or advanced exploration on mining lands. District Means the District of Timiskaming. Dock, Floating Means an accessory structure used for the mooring of water vehicles which is designed to float freely on the surface of the water body and which may be secured to the shoreline. Dock, Permanent Means an accessory structure used for the mooring of water vehicles which is secured to the shoreline and/or the bottom of the water body by concrete, metal or wood pillars or such other foundation, the design of which facilitates the construction of a more or less permanent structure. Drive-Through Facility Means a premise used to provide or dispense products or services through an attendant or a window or an automated machine, to persons remaining in vehicles that are in a designated queuing space; and may be in combination with other land uses. Kiosks within a parking structure necessary for the operation of the parking facility or kiosks associated with a surface parking area are not considered drive-through facilities. Driveway Means a vehicular access connected to only one public street or private road or thoroughfare, which provides ingress to and/or egress from a lot, and may include a shared driveway but shall not include a lane as defined herein. Dry Cleaning Establishment - see Personal Service Establishment Duplex - see Dwelling - Duplex Dwelling Means any building that is used or designed for use as a domestic establishment in which one or more persons may sleep and prepare and serve meals, but shall not include a hotel or motel. Recreational vehicles and trailers shall not be considered dwellings except for the purposes of the Minimum Distance Separation. Dwelling - Accessory Means a dwelling which is incidental, subordinate and exclusively devoted to a main use and is located on the same lot therewith. Township of Larder Lake Zoning By-law - June 25, 2013 3-12 Dwelling - Apartment Means a building containing three (3) or more dwelling units but shall not include a row dwelling. Dwelling - Apartment-in-a-house Means a separate and self-contained dwelling unit (i.e. includes cooking, sanitation and sleeping facilities) in a single detached dwelling or semi-detached dwelling and which has a separate entrance. Dwelling - Converted Means a dwelling altered to contain a greater number of dwelling units, with each self-contained dwelling unit having a floor space of not less than 55 m2 (592 ft.2). Dwelling - Duplex Means a building divided horizontally into two (2) dwelling units, each unit of which has an independent entrance. (See Figure 3- 6) Dwelling - Mobile Home - see Mobile Home Dwelling - Park Model Trailer Means a manufactured building designed and constructed in conformance with CAN/CSA-Z241 Series M "Park Model Trailer", as set out in the Ontario Building Code, and is used or intended to be used for seasonal accommodation. Dwelling - Row or Townhouse Means a building consisting of a series of three (3) or more dwelling units but not more than eight (8) units in a continuous row divided vertically into separate units by a common wall above grade, and where each unit has an independent entrance. (See Figure 3-6) Dwelling - Seasonal Means a dwelling constructed as a secondary place of residence and is not the principal place of residence of the owner or occupier thereof (e.g. cottage). Dwelling - Semi-detached Means a building on a single foundation divided vertically into two (2) separate dwelling units by a common wall (See Figure 3-6) Figure 3-6 Township of Larder Lake Zoning By-law - June 25, 2013 3-13 Dwelling - Single-detached Means a detached building containing one (1) dwelling unit, and may include a modular home (See Figure 3-6) Dwelling - Triplex Means the whole of a dwelling that is divided horizontally and/or vertically into three separate dwelling units each of which has an independent entrance either directly from the outside or through a common entrance. (See Figure 3-6) Dwelling Unit Means a building or a portion thereof occupied or capable of being occupied as the home or residence of one (1) or more persons, where food preparation and sanitary facilities are provided, but shall not include any part of a boarding house, hotel, motel, rental cottage or cabin, garden suite, sleep cabin or loft-above-a-garage or similar commercial use of a private or semi-private institution. Dwelling Unit, Bachelor Means a dwelling unit that does not have a specific room set aside for use as a bedroom. Such dwelling units are oriented towards accommodating one (1) resident such as young single people or senior citizens. The term 'bachelor dwelling unit' may be used to describe a particular dwelling unit (e.g. apartment-in-a-house) rather than being classified as type of dwelling unit. Where a dwelling unit meets the definition of a bachelor dwelling unit but is an 'apartment-in-a-house' or a 'loft-above-a-garage' according to the definitions of each in this By-law, then the dwelling unit will be considered as an apartment-in-a-house or a loft-above-a- garage instead of a bachelor dwelling unit for the purposes of this By-law. 3. E Easement Means the legal right acquired by contract to pass over, along, upon or under the lands of another. Equestrian Establishment Means an establishment engaged in the operation of a horse riding academy or horse riding stables. Equipment Rental Establishment Means a building or part of a building wherein the primary use is the rental of machinery, equipment, furniture and fixtures and other goods. Equipment and Vehicle Storage Yard - Industrial Means an uncovered area which is used for the storage of machinery and equipment for use in industrial and major construction undertakings, commercial vehicles, and other similar goods requiring large areas for outside storage. Limited repair of such machinery, equipment, vehicles and goods may be permitted in a building provided such repair is clearly incidental and secondary to the storage use. Township of Larder Lake Zoning By-law - June 25, 2013 3-14 Erect Means to build, construct, reconstruct, alter or relocate and, without limiting the generality of the foregoing, shall be taken to include any preliminary physical operation such as excavating, grading, piling, cribbing, filling or draining, structurally altering any existing building or structure by an addition, deletion, enlargement or extension. Established Building Line Means the average setback from the street line of existing buildings on one side of a continuous 100 m (328.1 ft.) strip of land where three (3) or more of the lots having street frontage upon the said side of the street have been built upon (See Figure 3-7). Where the established building line is used in this By-law in reference to setbacks from the shoreline or high water mark, the established building line shall mean the average setback from the high water mark of existing buildings on a continuous 100 m (328.1 ft.) strip of land where three (3) or more of the lots having water frontage upon the same water body or watercourse have been built upon. Established Grade Means the average elevation of the finished level of the ground adjoining all of the walls of the building or structure exclusive of any artificial embankments or berms. Existing Means existing as of the date of the passing of this By-law. Exterior Side Lot Line - see Lot Line - Exterior Side Exterior Side Yard - see Yard, Exterior Side Figure 3-7 Township of Larder Lake Zoning By-law - June 25, 2013 3-15 3. F Fairground Means land devoted to entertainment on a seasonal or temporary basis and may include grandstands, barns and other accessory buildings and structures normally associated with such a use. Farm Means any agricultural use and includes apiaries, aviaries, berry or bush crops, breeding, raising, training or boarding of horses or cattle, commercial greenhouses, farms devoted to the hatching, raising and marketing of chickens, turkeys or other fowl or game birds, animals, fish or frogs, farms for grazing, flower gardening, field crops, goat or cattle dairies, growing, raising, picking, treating and storing of vegetables or fruit produced on the premises, nurseries, orchards, riding stables, the raising of sheep or uses or enterprises as are customarily carried on in the field of general agriculture. Farm may include a single detached dwelling, and such principle or main buildings and structures as a barn or silo, as well as accessory buildings and structures which are incidental to the operation of the farm. Farm Produce Outlet Means a use accessory to a farm which consists of the retail sale of agricultural products produced on the farm where such outlet is located. Farmer's Market Means place where the farm products of a local farming community are sold at retail from covered or uncovered areas designed for individual retailers. Farming Use - see Agricultural Use Fence Means any barrier or structure constructed of chain link metal, wood, stone, metal, brick or other similar materials or combinations of such materials which is erected for the purpose of screening, safeguarding, retaining or enclosing property or delineating property lines. Fill Area Means the area of a waste management facility set aside for landfilling or dumping. Fish Habitat Means the spawning grounds and nursery, rearing, food supply, and migration areas which fish depend directly or indirectly in order to carry out their life processes. Fishing Camp - see Camp (Hunt Camp, Fishing Camp) Flea Market Means: Township of Larder Lake Zoning By-law - June 25, 2013 3-16 (a) a building or part thereof where goods are offered or kept for sale at retail to the general public but shall not include any other retail establishment otherwise defined herein; (b) an occasional or periodic market or sales event held in an open area, which may include a street, or within a building or structure where independent sellers offer goods, new and used, for sale to the public, but not including private garage sales; (c) a building or open area in which stalls or sales areas are set aside and which are intended for use by various unrelated individuals to sell goods; or (d) a building or open area where food preserves or fresh produce or prepared foods are sold, but does not include a restaurant. Flood Elevation or Floodline Means a line established by a one-in-one-hundred year storm as established by flood plain mapping or by the Ministry of Natural Resources (See Figure 3-8). Flood Fringe Means the outer portion of the flood plain between the floodway and the flooding hazard limit. Depths and velocities of flooding are generally less severe in the flood fringe than those experienced in the floodway (See Figure 3-8). Flood Plain Means, for river stream and small inland lake systems, the area, usually low lands adjoining a watercourse or water body, which has been or may be subject to flooding hazards (See Figure 3-8). Figure 3-8 Township of Larder Lake Zoning By-law - June 25, 2013 3-17 Flood Proofing Means a combination of structural changes and/or adjustments incorporated into the basic design and/or construction or alteration of individual buildings, structures or properties subject to flooding so as to reduce or eliminate flood damages. Floodway Means the portion of the flood plain where development and site alteration would cause a danger to public health and safety or property damage (See Figure 3-8). Where the one zone concept is applied, the floodway is the entire contiguous flood plain. Where the two zone concept is applied, the floodway is the contiguous inner portion of the flood plain, representing that area required for the safe passage of flood flow and/or the area where flood depths and/or velocities are considered to be such that they pose a threat to life and/or property damage. Where the two zone concept applies, the outer portion of the flood plain is called the flood fringe. Floor Area - Gross Means the total area of all floors contained within a building measured between the exterior faces of the exterior walls of the building and where there are no walls the total area of a floor within the outer perimeter of the floor. Floor Area - Net Means usable or habitable space above or below grade, measured from the exterior face of the exterior walls of the building or structure but shall not include: (a) any private garage, porch, veranda, and unfinished basement, cellar or attic; (b) any part of the building or structure below grade which is used for building services, storage or laundry facilities; (c) any part of the building or structure used for the storage or parking of motor vehicles. (d) any part of the building used in common by the tenants of the building such as a mall, aisle or hallway, elevator shaft or lobby, stairwell, any washroom, boiler room, maintenance room, mechanical or electrical room, and any automobile parking facilities provided within the building. Forestry Use Means the general raising, management and harvesting of wood and, without limiting the generality of the foregoing, shall include the raising and cutting of fuel wood, pulpwood, lumber, Christmas trees, other forestry products and silva culture practices. Frontage - see Lot Frontage Fuel Depot Means land, buildings or structures used for the bulk storage, distribution and sale of gasoline, propane, heating oil or motor oil. Township of Larder Lake Zoning By-law - June 25, 2013 3-18 Full Municipal Services - see Sewage and Water Systems Funeral Home Means a building or part of a building wherein undertaking services are offered and may include subsidiary activities such as the sale of caskets and funeral accessories, a chapel or parlour provided such activities are clearly secondary and incidental to the main undertaking service. 3. G Garage - Private Means an accessory building or portion of a main building, including a carport, which is designed or used for parking or storage of one (1) or more motor vehicles of the occupants of the premises and in which there are no facilities for repairing or servicing of such vehicles for remuneration or commercial use. A detached garage is a private garage that is not connected to a main building. A semi-detached garage is an accessory building divided vertically into two (2) separate private garages by a common wall where each separate private garage is located on separate, adjoining lots. Garden Centre Means an outdoor area primarily used for the retail of gardening equipment, products and planting materials. Garden Suite Means a one-unit detached residential structure containing bathroom and kitchen facilities that is ancillary to an existing residential structure and that is designed to be portable. Gasoline Bar Means one (1) or more pump islands, each consisting of one or more gasoline pumps, and a shelter having a floor area of not more than 10 m2 (107.6 ft.2) which shall not be used for the sale of any product other than liquids and small accessories required for the operation of motor vehicles. Gasoline Card Lock Facility Means one (1) or more pump islands designed for the retail sale of gasoline or diesel fuel using pumps which are operated automatically by credit or debit cards. Gazebo Means a freestanding, roofed accessory structure which is not enclosed, except for transparent screening (e.g. glass, netting) and which is utilized for the purposes of relaxation in conjunction with a main use but shall not include any other use or activity otherwise defined or classified herein (See Figure 3-9). Golf Course Means a public or private area operated for the primary purpose of playing the sport of golf but may also include such buildings and structures as are necessary for the operation and Township of Larder Lake Zoning By-law - June 25, 2013 3-19 maintenance of the golf course and such club house facilities as restaurant, banquet, conference and other uses of a social, recreational and entertainment nature normally associated with golf course development. Green Roof Means a roof of a building where part of or the entire surface of the roof is intentionally covered with vegetative material. Greenhouse Means a building used for the growing of flowers, plants, shrubs, trees and similar vegetation which are not necessarily transplanted outdoors on the same lot containing such greenhouse. Ground Floor Means the floor that is level with or immediately above grade. Group Home Means a single housekeeping unit in a residential dwelling, which is registered with the Municipality, in which three (3) to ten (10) persons (excluding supervisory or operating staff) live together under responsible supervision consistent with the requirements of its residents for a group living arrangement and which is licensed and/or approved under Provincial Statutes and in compliance with municipal by-laws. (See also Crisis Care Facility) Guest Room Means a room or suite of rooms, which contains no facilities for cooking and which is used or maintained for gain or hire by providing accommodation. 3. H Habitable Room Figure 3-9 Township of Larder Lake Zoning By-law - June 25, 2013 3-20 Means a room in a dwelling or habitable building used or intended to be used primarily for human occupancy. Hazardous Lands Means property or lands that could be unsafe for development due to naturally occurring processes. Along the shorelines of large inland lakes, this means the land, including that covered by water, between a defined offshore distance or depth and the furthest landward limit of the flooding hazard, erosion hazard or dynamic beach hazard limits. Along river, stream and small inland lake systems, this means the land, including that covered by water, to the furthest landward limit of the flooding hazard or erosion hazard limits. Hazardous Substances Means substances which, individually, or in combination with other substances, are normally considered to pose a danger to public health, safety and the environment. These substances generally include a wide array of materials that are toxic, ignitable, corrosive, reactive, radioactive or pathological. Hereafter Means after the date of the passing of this By-law. Height Means the vertical distance between the average finished grade at the base of a building or structure and in the case of a flat roof, the highest point of the roof surface or parapet wall, whichever is the highest, or in the case of all other types of roofs, the mean height level between the base of the roof and highest point of the roof. Heliport Means a landing area or pad used for the landing and take-off of helicopters and shall include all necessary and incidental emergency services facilities, fuelling facilities and passenger and cargo facilities. Herein Means in this By-law, and shall not be limited to any particular section of this By-law. High Water Mark Means the mark made by the action of water under natural conditions on the shore or bank of a body of water, which action has been so common and usual and so long continued that it has created a difference between the character of the vegetation or soil on one side of the mark and the character of the vegetation or soil on the other side of the mark (See also Shoreline). Highway Means an improved public road under the jurisdiction of the Provincial government. Holding Zone Means a zone established under the enabling authority of Section 36 of the Planning Act where uses may be permitted subject to meeting certain conditions set out in the Official Plan. Township of Larder Lake Zoning By-law - June 25, 2013 3-21 Home for the Aged - see Continuum-of-Care Facility Home Based Business Means a privately operated legal occupation, enterprise or business which is carried out as a use clearly accessory to a dwelling unit for pursuits conducted by the occupant thereof and any employees and is compatible with a domestic household. Home Occupation - see Home Based Business Hospital Means any institution, building or other premises or place that is established for the purposes of the treatment of patients and that is approved under the Public Hospitals Act as a public hospital. Hotel Means a building or buildings designed or used for the accommodation of the travelling or vacationing public, containing therein five (5) or more guest rooms served by a common building entrance. Accessory uses may include accommodation for permanent staff and one or more beverage rooms, dining rooms, meeting rooms, restaurant or similar uses. Hunt Camp - see Camp (Hunt Camp, Fishing Camp) 3. I Individual On-Site Systems - see Sewage and Water Systems Industrial Uses, Light - Class I Industry Means a place of business for a small scale, self-contained plant or building which produces, manufactures, assembles or stores a product which is contained in a package and has a low probability of fugitive emissions, e.g. noise, odour, dust and vibration. Such industries operate in the daytime only with infrequent movement of products and/or heavy trucks and no outside storage. Examples include electronics manufacturing and repair, high technology industries, furniture repair and refinishing, beverage bottling, package and crafting services, small scale assembly, auto parts supply. 'Light Industrial Uses' or 'Class I Industry' is a classification and other uses defined in this By-law may be classified as such. Industrial Uses, Medium - Class II Industry Means a place of business for medium scale process and manufacturing with outdoor storage of wastes or materials (e.g. it has an open process) and where there are periodic or occasional outputs of fugitive emissions, e.g. noise, odour, dust and/or vibration. Shift operations occur and there is frequent movement of products and/or heavy trucks during daytime hours. Examples include dry cleaning services, magazine printing establishments, paint spray booths, welding shops, courier and transport services, heavy vehicle repairs, bulk fuel storage, raw product storage (aggregates, logs/lumber), warehousing, contractor's yard. 'Medium Industrial Uses' or 'Class II Industry' is a classification and other uses defined in this By-law may be classified as such. Township of Larder Lake Zoning By-law - June 25, 2013 3-22 Industrial Uses, Heavy - Class III Means a place of business for large scale manufacturing or processing, characterized by: large physical size, outside storage of raw and finished products, large production volumes and continuous movement of products and employees during daily shift operations. It has frequent outputs of major annoyance and there is high probability of fugitive emissions. Such uses are intended to be secluded from residential or other sensitive land uses in order to limit any potential adverse effects on the environment or the surrounding areas and public health. Examples include manufacturing of paint and varnish, breweries, soaps and detergent manufacturing, metal manufacturing, and solvent recovery plants. 'Heavy Industrial Uses' or 'Class III Industry' is a classification and other uses defined in this By-law may be classified as such. Influence Area Means the area or areas at, above or below grade, associated with a facility that is subject to one or more adverse effects which may be of varying duration, frequency and distance of dispersal. This is an actual influence area. A potential influence area identifies where adverse effects are generally expected to occur. An influence area or potential influence area acts as a potential constraint for sensitive land use, or conversely, on the establishment of a facility, unless evidence is provided that adverse effects are not a problem, or can be satisfactorily mitigated to the level of trivial impact. Institutional Use Means any land, buildings or structures used for a non-commercial purpose by any organization, group or association for government, religious, educational, charitable or hospitable purposes and involving activities carried on for some public purpose and not for profit, but excluding a private club, mental hospital, or any place of detention or correction. Interior Lot - see Lot, Interior 3. K Kennel Means a building, structure or premises or portion of any of the foregoing, used for the raising, housing, breeding or training of four (4) or more domesticated animals over the age of four (4) months. This definition shall not include a veterinary establishment. 3. L Lane Means: (a) a subsidiary thoroughfare providing access from within a lot, principally from parking or loading spaces or from a lot to a public street; or (b) a subsidiary public thoroughfare for the sole use of pedestrians and connecting public streets, open spaces or buildings. Township of Larder Lake Zoning By-law - June 25, 2013 3-23 Laundromat Means a building or part thereof where coin-operated laundry machines are made available to the public for the purpose of laundry cleaning. Library Means a building or part thereof where educational material (e.g. books, films, music, audio- visual, magazines) are made available for public display and are lent to the public. Licensed Refreshment Sales Vehicle Means a vehicle which is currently licensed pursuant to the Highway Traffic Act and which is equipped for the preparation, storage, heating, cooking, cooling or sale of foodstuffs or beverages within or from the vehicle and may include exterior seating (e.g. picnic tables). Livestock Facility Means one or more barns or permanent structures with livestock-occupied portions, intended for keeping or housing of livestock. A livestock facility also includes all manure or material storage and anaerobic digesters. Livestock Sales Outlet Means a building or structure where livestock such as cattle, goats, sheep, horses or the young thereof are bought and sold. Loading Space Means a space or bay located on a lot or within a building which is used or intended to be used for the temporary parking of any commercial vehicle while loading or unloading goods, merchandise, or materials in connection with the use of the lot or any building thereon, and which has unobstructed access not necessarily in a straight line to a street. Loft-Above-a-Garage Means the portion of a garage located above the garage portion of the structure and is used for sleeping accommodation in which cooking facilities shall not be provided but may contain sanitary facilities. (See also Sleep Cabin) Long Term Care Facility - see Continuum-of-Care Facility Lot Means a parcel or tract of land, within a registered plan or subdivision or described in a deed or other legal document that is capable of being legally conveyed. Lot Area Means the total horizontal area measured within the limits of the lot lines of the lot. Lot, Corner Township of Larder Lake Zoning By-law - June 25, 2013 3-24 Means a lot situated at an intersection of two (2) or more streets, or at the intersection of two parts of the same street which have an interior angle or intersection of not more than one- hundred-and-thirty-five degrees (135º). Where such street lines are curved, the angle of intersection of the street lines shall be deemed to be the angle formed by the intersection of the tangents to the street lines, drawn through the extremities of the side lot lines. In the latter case, the corner of the lot shall be deemed to be that point on the street line nearest to the point of intersection of the said tangents (See Figure 3-10). Lot Coverage Means the percentage of the lot area covered by the ground floor area of all buildings located on the lot. Lot Depth Means the horizontal distance between the front and rear lot lines. If the front and rear lot lines are not parallel, 'lot depth' means the length of a straight line joining the middle of the front lot line with the middle of the rear lot line. If there is no rear lot line, "lot depth" means the length of a straight line joining the middle of the front lot line with the apex of the triangle formed by the side lot lines (See Figure 3-13) Lot Frontage Means the horizontal distance between the side lot lines along the front lot line. Where such side lot lines are not parallel, the lot frontage shall be the width of a lot measured between the intersections of the side lot lines with a line 7.5 m (24.6 ft.) back from and parallel or concentric to the front lot line. Arc distances shall apply on curved lines (See Figure 3-13). Lot, Interior Means a lot other than a corner or a through lot which is situated between adjacent lots and has frontage on a street (See Figure 3-10). Figure 3-10 Township of Larder Lake Zoning By-law - June 25, 2013 3-25 Lot Line Means a boundary line of a lot (See Figure 3-10). Lot Line, Exterior Side Means a lot line located between the front and rear lot lines and dividing the lot from a street (See Figure 3-10). Lot Line, Front Means: (a) In the case of an interior lot, the line dividing the lot from the street line, street allowance or private road (See Figure 3-10). (b) In the case of a corner lot, the shorter lot line abutting a street shall be deemed to be the front lot line. In such a case, the longer lot line abutting a street shall be deemed an exterior side lot line. (c) In the case of a corner lot with two street lines of equal lengths, the lot line that abuts the wider street, or abuts a Provincial highway shall be deemed to be the front lot line, and in the case of both streets being under the same jurisdiction and of the same width, the lot line where the principal access to the lot is provided shall be deemed to be the front lot line. (d) In the case of a lot with water access only, the front lot line shall be on the water side. In the case of a through waterfront lot with water access only, the longest shoreline shall be deemed to be the front lot line. (e) In case of a lot with frontage on a public street or private road and on a water body, the lot line adjacent to the high water mark shall be deemed the front lot line. (f) In the case of a corner lot abutting a 0.3 m (0.98 ft.) reserve or other reserve, the lot line so abutting the reserve shall be deemed an exterior lot line and the other lot line abutting the street shall be deemed to be the rear lot line. (g) In the case of a lot with private road, the lot line adjacent to the private road shall be deemed to be the front lot line. (h) In all other cases not described above, the front lot line shall be deemed to be where the principal access to the lot is approved. Lot Line, Side Interior Means a lot line other than a front, rear or side exterior lot line (See Figure 3-10). Lot Line, Rear Means the lot line furthest from, and opposite to, the front lot line (See Figure 3-10). Township of Larder Lake Zoning By-law - June 25, 2013 3-26 Lot, Through Means a lot having a frontage on two parallel or approximately parallel streets (See Figure 3- 10). Lot, Waterfront Means a lot that abuts a navigable waterway or body of water. Lot, Width Means the average horizontal dimension between the two longest opposite sides. Lumber Yard Means lands, buildings and structures where the primary use is the storage of construction grade wood and building supplies for sale at retail or wholesale. 3. M Main Building - see Building, Main Main Use Means the primary purpose for which the main building or structure on a lot is designed, arranged, occupied and maintained, or in the case of a lot where there is no building or structure, the primary purpose for which the lands are to be designed, arranged and maintained Main Wall Means any exterior wall of a building and all structural members essential to the support of a fully enclosed space or roof exclusive of permitted projections. Manure or Material Storage Means permanent storage, which may or may not be associated with a livestock facility containing liquid manure (<18% dry matter), solid manure (≥ 18% dry matter), or digestate (< 18% dry matter). Permanent storages may come in a variety of locations, materials, coverings, elevations, configurations and shapes. Marina Means a building or structure on a waterfront with or without docking facilities where boats and boat accessories are berthed, constructed, stored, serviced, repaired or kept for sale or rent and where the facilities for the sale of marine fuels, marine equipment, lubricants, bait as well as the sale of foods, provisions or supplies as an accessory use may be provided. Marine Facility Means a non-commercial building or structure which is used to moor, berth, or store a boat. This definition may include a boat launching ramp, a boat lift, marine railway, dock or boathouse, but does not include any building used for human habitation or a marina. A marine facility shall also include a water intake facility and any flood or erosion control structure. No part of a marine facility may be used as a dwelling unit. Material Storage - see Manure or Material Storage Township of Larder Lake Zoning By-law - June 25, 2013 3-27 Mine Hazard Means any feature on a mine as defined under the Mining Act or any related disturbance of the ground that has not been rehabilitated. Mineral Aggregate Operation Means: (a) lands under license or permit, other than for wayside pits and quarries, issued in accordance with the Aggregate Resources Act, or successors thereto; (b) associated facilities used in extraction, transport, beneficiation, processing or recycling of mineral aggregate resources and derived products such as asphalt and concrete, or the production of secondary related products. Mineral Deposits Means areas of identified minerals that have sufficient quantity and quality based on specific geological evidence to warrant present and future extraction. Mineral Mining Operation Means a mining operation and associated facilities, or, a past producing mine with remaining mineral development potential that has not been permanently rehabilitated to another use. Miniature Golf Course Means an area of land, building or structure or premises or part thereof operated for profit or gain as a commercial place of amusement in which facilities are provided to simulate the game of golf or any aspect of the game on a small scale, but does not include a golf ball driving range. Minimum Distance Separation Formulae I and II Means formulae developed by the Province to separate uses so as to reduce incompatibility concerns about odour from livestock facilities and material or manure storage. Mobile Home Means any dwelling that is designed to be made mobile, and constructed or manufactured to provide either a permanent or seasonal residence for one (1) or more persons, and which is not less than 3 m (9.84 ft.) wide and the total area of which is not less than 46 m2 (495.1 ft2). A mobile home does not include a travel trailer or tent trailer or trailer otherwise designed or a modular home. Mobile Home Park Means lands which has been provided and designed for the location thereon of two (2) or more occupied mobile homes. Mobile Home Lot or Site Means an area, similar to a lot, located in a mobile home park, intended to be or occupied by a mobile home or a permitted accessory use. Township of Larder Lake Zoning By-law - June 25, 2013 3-28 Mobile Home Yard Means a line similar to a front yard, rear yard, interior or exterior side yard as if it were applied to a Mobile Lot or Site. Modular Home Means a single detached dwelling consisting of two (2) or more modules which has been prefabricated or manufactured in a factory remote from the site where it is intended to be used and transported to the site for installation on a permanent foundation, but does not include a Mobile Home or Park Model Trailer as otherwise defined. Motel Means a building or buildings designed or used for the accommodation of the travelling or vacationing public, containing therein three (3) or more guest rooms, each guest room having a separate entrance directly from outside and may include an accessory eating establishment or restaurant. (See also Hotel and Tourist Establishment) Motor Vehicle - see Vehicle Municipal Sewage Services - See Sewage Disposal and Water Systems Municipal Water Services - See Sewage Disposal and Water Systems Municipality Means the Corporation of the Township of Larder Lake. Museum Means an institutional place that is established for the purpose of acquiring, conserving, studying, interpreting, assembling and exhibiting to the public for its instruction and enjoyment, a collection of artifacts of scientific, natural, artistic, or historical interest, or other interests. 3. N Natural Heritage Features and Areas Means features and areas, including significant wetlands, fish habitat, significant habitat of endangered and threatened species, significant wildlife habitat and significant areas of natural and scientific interest, which are important for their environmental and social values as a legacy of the natural landscapes of an area. Negative Impacts Means: (a) in regard to fish habitat, the harmful alteration, disruption or destruction of fish habitat, except where it has been authorized under the Fisheries Act, using the guiding principle of no net loss of productive capacity. Township of Larder Lake Zoning By-law - June 25, 2013 3-29 (b) in regard to water, degradation to the quality and quantity of water, sensitive surface water features and sensitive ground water features, and their related hydrologic functions, due to single, multiple or successive development or site alteration activities; and (c) in regard to other natural heritage features and areas, degradation that threatens the health and integrity of the natural features or ecological functions for which an area is identified due to single, multiple or successive development or site alteration activities. Non-Complying Means any existing building, structure or lot which does not comply with the zone requirements and standards of this By-law. Non-Conforming Means any existing use, building, structure or lot which does not conform with the permitted use provisions of any zone in this By-law. Non-municipal Drinking Water System Means a drinking water system that is not a municipal drinking water system. Nursery Means land and structures used for the growing of sod, flowers, bushes, trees, or other gardening, landscaping, or orchard stock for wholesale or retail sale. (See also Commercial Greenhouse) Nursing Home - see Continuum-of-Care Facility 3. O Occupancy Permit Means a permit issued under the authority of the Planning Act by the Chief Building Official which indicates that the proposed use of land or any building or structure on any such land is in conformity with this By-law. Office Means a building, structure or part thereof used for the purpose of providing accommodation for the performance and transaction of business including administrative, clerical and professional activities (e.g. lawyer, doctor, dentist, architect, realtor, computer programming, consultant, etc.), but shall not include the manufacturing of any product. Official Plan Means the Official Plan of the Township of Larder Lake planning area or parts thereof and amendments thereto that may take from place time-to-time. Township of Larder Lake Zoning By-law - June 25, 2013 3-30 Open Space Means the open, unobstructed space on a lot including landscaped areas, pedestrian walkways, patios, pools or similar areas but not including any driveway, ramp, parking spaces or aisles, loading spaces or maneuvering areas and similar areas. Open Storage Means storage or display of goods, merchandise or equipment outside of a building or structure on a lot or portion thereof. This definition shall not include the open storage of goods or equipment incidental to a residential occupancy of a lot, a parking area or parking space or the outdoor display of a limited number of samples of goods, merchandise or equipment for the purpose of sales and advertisement. Outdoor Display Means an area set aside outside of a building or structure, used in conjunction with a business located within the building or structure on the same property, for the display of sales or seasonal produce may include garden supplies and Christmas trees, new merchandise or the supply of services. Owner Means a mortgagee, lessee, tenant, occupant, or a person entitled to a limited estate or interest in land, a trustee in whom the land is vested, a committee of the estate of a mentally competent person, an executor, an administrator or a guardian. 3. P Park Means an area of land, whether enclosed or not, maintained by the Municipality or other public authority for the enjoyment, health and well-being of people and open to the public with or without charge and, for the purposes of this definition, includes a Provincial Park or Conservation Area with or without campground facilities. Parking Area Means a lot or portion thereof required in accordance with the provisions of this By-law for the temporary storage or parking of motor vehicles accessory or incidental to uses in all zones, and shall not include the storage or parking of four (4) or more motor vehicles for hire and gain, display or for sale. Parking Lot - Commercial Means a lot or portion thereof used for the temporary storage or parking of four (4) or more vehicles for hire and gain but does not include the sale of new or used vehicles or the storing of impounded or wrecked vehicles. A commercial parking lot may used in association with a commercial use for the purpose of subsection 4.26(i) of this By-law and the parking lot may or may not be for hire or gain. Township of Larder Lake Zoning By-law - June 25, 2013 3-31 Parking Space Means an area used for the temporary parking of one (1) motor vehicle that is not less than 18 m2 (193.75 ft2) measuring not less than 2.7 m (8.85 ft.) in width by 5.5 m (18 ft.) in length exclusive of driveways or aisles. Parking Space, Barrier-Free Means an parking space of not less than 22.2 m2 (238.9 ft2) measuring a minimum of 3.7 m (12.1 ft.) in width by 5.5 m (18 ft.) in length exclusive of driveway aisles, for the temporary parking of a motor vehicle used by a handicapped or disabled person. Partial Services - see Sewage and Water Systems Person Shall include an individual, an association, a chartered organization, a firm, a partnership, a corporation, an agent or trustee and the heirs, executors or other legal representatives of a person to whom the context can apply according to law. Personal Service Establishment Means a commercial place wherein a personal service is performed. This definition may include, but is not limited to, businesses or services such as a barber shop, hair styling salon, shoe repair shop, tattoo and piercing parlour, spa, tanning salon, dry cleaning outlet, tailor shop, dressmaker shop, massage therapy service, photofinishing, picture framing, publishing and photocopying, but excludes any manufacturing or fabrication of goods for sale. Pharmacy - see Retail Store Pit Means a place where unconsolidated gravel, stone, sand, earth, clay, fill, mineral or other material is being or has been removed by means of open excavation and includes the processing thereof for commercial purposes including screening, sorting, wading, crushing and other similar operations together with required buildings and structures, but does not include a wayside pit. Place Means lands, buildings and/or structures. Place of Amusement Means an establishment operated for commercial gain or profit wherein amusement facilities are provided such as a video arcade or arcade, billiard or pool room, pinball machines and video games but does not include an adult entertainment parlour, casino or bingo hall. (See also Bingo Hall) Place of Assembly Means a place where facilities are provided for such purposes as meetings for civic, educational, political or social purposes, and without limiting the generality of the foregoing, Township of Larder Lake Zoning By-law - June 25, 2013 3-32 may include such facilities as a banquet hall or private club, but shall not include a place of worship or community centre. Place of Worship Means a place or an open area dedicated to religious worship and may include a manse or rectory located on the same lot therewith, but does not include a manse or rectory that is established on a separate lot. Playground Means a park or part thereof which is equipped with active recreational facilities oriented to children. Portable Asphalt/Concrete Plant Means a facility with equipment designed to mix or heat and dry aggregate and to mix aggregate with bituminous asphalt to produce concrete or asphalt paving materials and includes stockpiling and storage of bulk materials used in the process, which is not of permanent construction but is designed to be dismantled and moved to another location as required. Portable asphalt plants must comply with the Ministry of the Environment's separation distances and must obtain a certificate of approval from the Ministry of the Environment. Printing and Publishing Establishment Means a building or part thereof used primarily for printing, regardless of the method, and publishing of newspapers, periodicals, books, maps and similar publications and also includes the sale and servicing of printing and duplicating equipment. Private Airfield - see Airfield, Private Private Club Means a building or part of a building used as a meeting place by an association of persons who are bona fide members, which owns, hires or leases the building or part thereof, the use of such premises being restricted to members and their guests for social, cultural, recreational, business or athletic purposes. Private Communal Sewage Services - see Sewage Disposal and Water Systems Private Communal Water Services - see Sewage Disposal and Water Systems Private Road Means a private right-of-way over private property which affords access to at least two (2) abutting lots and which is not maintained by a public authority. This may include an unassumed or unmaintained public street. Private School - see School, Private Public Access Point Township of Larder Lake Zoning By-law - June 25, 2013 3-33 Means public land designated by the appropriate authority and developed and maintained by the authority as a public access to a navigable water body. (See also Marine Facility) Public Authority Means the Township of Larder Lake and any Boards or Commissions thereof and any Ministry, Commission or Department of the Governments of Ontario or Canada, or recognized public utility or agencies established or exercising any power or authority under any special or general statute and includes any committee or local authority established by By-law of Council. Public Service Use Means a building, structure or lot used for public services by the Township of Larder Lake, and any Ministry, Department or Commission of the Governments of Ontario and Canada, any telephone, telegraph or railway company, any company supplying natural gas, Hydro One, and any public utilities company or similarly recognized agencies. Public Storage - see Self-Storage Facility Public Street Means a public or common roadway or highway affording the principal means of access to abutting properties which has been dedicated to and or assumed by a public authority. Public Use Means the use of land, building or structures by civic, religious, educational, charitable, fraternal, social or recreational societies, agencies, boards or committees so long as the activity is not conducted for a profit, and any business is accessory to the main use. Public Utility Means a water works or water supply system, sewage works, electrical power or energy generating transmission or distribution system, street lighting system, natural or artificial gas works or supply system, a transportation system or a telephone system, scientific research system, and includes any lands, buildings or equipment required for the administration or operation of any such system and which is operated by a public authority or a publicly governed company. 3. Q Quarry Means a place where unconsolidated rock has been or is being removed by means of an open excavation and includes the processing thereof for commercial purposes including screening, sorting, washing, crushing and other similar operations, required buildings and structures, but does not include a wayside quarry. 3. R Reconstruction Means to re-build, erect or assemble a previously existing building or structure. Township of Larder Lake Zoning By-law - June 25, 2013 3-34 Recreation Dwelling - see Dwelling - Seasonal or Camp Recreational Commercial Establishment Means an place where any recreational, social or cultural uses are operated commercially for profit on lands in private ownership, such as health clubs, open or enclosed skating or curling rinks, open or enclosed pools, open or enclosed badminton or tennis courts, squash courts, bowling alleys, gymnasia, band shell or open theatre, and other similar uses but does not include a casino or bingo hall. The definition of recreational commercial establishment shall not include golf courses, miniature golf courses, campgrounds, marinas, parks or cabins. Recreational Vehicle Means any vehicle so constructed that is suitable for being attached to a motor vehicle for the purpose of being drawn or is propelled by the motor vehicle and is capable of being used for living, sleeping, eating or accommodation of persons on a temporary, transient or short term basis, even if the vehicle is jacked up or its running gear is removed. Examples include a motor home, tent trailer, a camper trailer, a recreational trailer, a fifth wheel or a bus converted into a motor home or a park model trailer, as defined. For the purposes of this definition, a recreational vehicle shall be considered a structure for the purposes of establishing setbacks only. A recreational vehicle shall not be deemed to include a mobile home or a manufactured home. The definition of a recreational vehicle shall not be interpreted to include recreational equipment such as boats, boat or vehicle trailers, personal water craft, snowmobiles, all-terrain vehicles (ATVs) or other equipment used for recreational purposes and which are normally stored or parked on a lot. Recreational vehicles shall be considered dwellings for the purposes of Minimum Distance Separation where one (1) or more persons are able to sleep and prepare and serve meals within the vehicle. Recreational Vehicle Campground - see Campground Recreational Vehicle Sales and Storage Means a place which is used for the display, storage and/or sale of boats, trailers, campers and other recreational vehicles or recreational equipment. Recycling Depot or Transfer Station Means a special waste management facility which serves as a temporary storage site for clean materials such as glass, paper, cardboard, plastic, metal and other similar products which will be transferred to another location for reuse. This definition does not include any other type of waste management system. (See also Waste Management Facility) Redevelopment Means the removal or rehabilitation of buildings or structures from land and the construction, reconstruction or erection of other buildings or structures in their place. Renovation Means the repair and restoration of a building or structure to safe condition, but shall not include its replacement. Township of Larder Lake Zoning By-law - June 25, 2013 3-35 Residence - see Dwelling Unit Residential Use Means the use of land, buildings or structures for human habitation. Residential Zone For the purposes of this By-law, residential zone shall mean the Low Density Residential (R1) Zone, Medium Density Residential (R2) Zone, High Density Residential (R3) Zone and Recreational Residential (R4) Zone. Responsibility Agreement Means a legal agreement between the municipality and a developer that stipulates the conditions under which communal services will be constructed, operated and maintained, as well as, the action to be undertaken by the municipality in the event of default. Responsibility agreements form the basis for a preventative mechanism by establishing responsibilities for proper construction, operation and maintenance management practices and by providing up- front secured funds for any remedial measures that may be necessary in the event of default. Restaurant Means a building or structure or part thereof where food is prepared and offered for sale to the public for consumption within or outside the building or structure or off the premises. Retail Store Means a building or part thereof wherein goods, wares, merchandise, substances or articles are offered for sale to the general public, and may include the limited storage and display of goods, wares, merchandise, substances or articles, and shall not include any other use defined herein. Retirement Home Means 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 but where common facilities for the preparation and consumption of food are provided and common lounges, recreation rooms and medical care facilities may also be provided. Such a facility shall be for adults who are capable of living independently without nursing care. (See also Continuum-of-Care Facility) Right-of-Way Means an area of land acquired for or devoted to the provision of a road. Road - see Public Street 3. S Salvage Yard Means a place where used goods, wares, merchandise, articles, motor vehicles, machinery or parts thereof are processed or sold for further use, dismantled or abandoned. This definition Township of Larder Lake Zoning By-law - June 25, 2013 3-36 may include a junk yard, a scrap metal yard, a recycling depot and an automobile wrecking yard on the premises. Satellite Dish Means a structure designed and used for the reception of television signals related back to earth from a communications satellite. Sawmill or Planing Mill Means a place where timber is cut or sawed, either to finished lumber or as an intermediary step. Sawmill, Portable Means equipment which is portable (e.g. may be drawn by a vehicle) and is used on a temporary basis for the cutting of saw logs. Sauna Means an accessory building or structure not exceeding 10 m2 (107.6 ft2) wherein facilities are provided for the purpose of inducing perspiration and may include a change room and shower and may be constructed as part of a boat house. School Means an institutional place for the education or instruction of a body pupils by a body of teachers, and shall include an elementary or secondary school, adult education and English or French as a second language programs, but shall not include a studio, museum, post-secondary educational institution, any type of home based business, or any other use defined herein. Screening Means the use of landscaping, walls, fences, hedges or other ornamental fixtures to shield or visually hide the view from one (1) property to another. Seating Capacity Means the number of persons which can be accommodated in a building or structure or part thereof in a seated position on chairs, benches, forms or pews. Self-Storage Facility Means a commercial building or part of a building wherein items are stored in separate, secured storage areas or lockers which are generally accessible by means of individual loading doors. Semi-detached Garage - see Garage - Private Sensitive Land Use Means a land use or outdoor spaces where routine or normal activities occurring at reasonably expected times would experience one (1) or more adverse effects from contaminant discharges generated by nearby facilities and includes, but is not limited to, a dwelling, day nursery, or an Township of Larder Lake Zoning By-law - June 25, 2013 3-37 educational or health facility (e.g. school, hospital). A sensitive land use may be a part of the natural or built environment. Setback Means: (a) With reference to a road or street, the least horizontal distance between the front lot line and the nearest building line. (b) With reference to a water body, the least horizontal distance between the high water mark of the water body and the nearest building line. (c) With reference to a building, structure or land use and not applicable under paragraph (a) or (b), shall mean the least horizontal distance from the building, structure or land use in question. Sewage Disposal and Water Systems (a) Full Municipal Services Means the combination of municipal sewage services and municipal water services. (b) Individual On-Site Systems Means individual autonomous water supply and sewage disposal systems that are owned, operated and managed by the owner of the property upon which the system is located and which do not serve more than five (5) residential units/lots. (c) Partial Services Means municipal sewage services or private communal sewage services and individual on-site water services; or municipal water services or private communal water services and individual on-site sewage services. (d) Municipal Sewage Services Means a sewage works within the meaning of Section 1 of the Ontario Water Resources Act that is owned or operated by the Municipality of Larder Lake. (e) Municipal Water Services Means a municipal drinking-water system within the meaning of Section 2 of the Safe Drinking Water Act, 2002. (f) Private Communal Sewage Services Means a sewage works that serves six (6) or more lots or private residences and is not owned by the Municipality of Larder Lake. Township of Larder Lake Zoning By-law - June 25, 2013 3-38 (g) Private Communal Water Services Means a non-municipal drinking water system that services six (6) or more lots or private residences. Sewage Disposal System - see Sewage Disposal and Water Systems Sewage Lagoon Means an area of land used for the discharge and disposal of sewage waste and that has a standing Certificate of Approval issued by the Ministry of the Environment. Sewage Treatment Facility Means a facility where sewage is collected, transmitted and treated and has a standing Certificate of Approval issued by the Ministry of the Environment. Sewage Works Means any works for the collection, transmission, treatment and disposal of sewage or any part of such works, but does not include plumbing to which the Building Code Act applies. Shooting Range or Rifle Club Means a place used for recreational target practice, skeet shooting, gun or hunter safety instruction and is operated by a club or organization. Shoreline Means a lot line or portion thereof which abuts or parallels the high water mark of a water body or watercourse. Shoreline Structure Means a boat house (wet or dry), a boat port, a float plane hangar, a sauna or steam bath, a dock or wharf, a gazebo, or a viewing deck. Side Exterior Yard - see Yard, Side Exterior Side Interior Lot Line - see Lot Line, Side Interior Side Interior Yard - see Yard, Side Interior Side Yard - see Yard, Side Sight Triangle Means a triangular space formed by the street lines abutting a corner lot and a third Figure 3-11 Township of Larder Lake Zoning By-law - June 25, 2013 3-39 line drawn from a point on a street line to another point on a street line, each such point being 5 m (16.4 ft.) from the point of intersection of the street lines. Where the two street lines do not intersect at a point, the point of intersection of the street lines shall be deemed to be the intersection of the projection of the street lines or the intersection of the tangents to the street lines. (See Figure 3-11) Sign Means any writing, letter work or numeral, any pictorial representation, illustration, drawing, image or decoration, any emblem, logo, symbol or trademark or any device with similar characteristics which: (a) is a structure, or part of a structure, or which is attached thereto or mounted thereon; and (b) which is used to advertise, inform, announce, claim, give publicity or attract attention. Significant Habitat of Endangered and Threatened Species Means the habitat, as approved by the Ontario Ministry of Natural Resources, that is necessary for the maintenance, survival, and/or the recovery of naturally occurring or reintroduced populations of endangered species or threatened species, and where those areas of occurrence are occupied or habitually occupied by the species during all or any part(s) of its life cycle. Significant Wetland Means a wetland area identified as provincially significant by the Ontario Ministry of Natural Resources using evaluation procedures established by the Province, as amended from time to time. Significant Wildlife Habitat Means a wildlife habitat that is ecologically important in terms of features, functions, representation or amount, and contributing to the quality and diversity of an identifiable geographic area or natural heritage system. Skateboard Park Mean a building or structure or part thereof or an area of land occupied by structures used in skateboarding, roller skating, roller blading, BMX riding or other similar activities, such structures including ramps, half-pipes, rails, etc. Sleep Cabin Means an accessory building or structure, located on the same lot as the principal building or structure, the accessory use being for sleeping accommodation in which cooking facilities shall not be provided but may contain sanitary facilities. (See also Loft-Above-a-Garage) Solar Collector Means a device consisting of photovoltaic panels that collect solar power from the sun. A solar collector may be attached to a building or structure or erected on a post(s). Solid Waste Disposal Site - see Waste Management Facility Township of Larder Lake Zoning By-law - June 25, 2013 3-40 Solarium Means a glassed-in structure or room projecting from an exterior or main wall of a building which may be used for sunning, therapeutic exposure to sunlight, or for a use where the intent is to optimize exposure to sunlight. Stacking Lanes Means an on-site lane for motorized vehicles which accommodates vehicles using a drive- through facility that is separated from other vehicular traffic and pedestrian circulation. Stacking lanes may be separated by any combination of barriers, markings or signage. Storey Means that portion of a building other than a cellar or basement included between the surface of any floor and the surface of the floor, roof deck, ceiling or roof immediately above it. (See Figure 3-12) Street - see Public Street, Private Road or Street Allowance Street Allowance Shall have a corresponding meaning to that of Public Street or Private Road. Street Line Means the limit of the road or street allowance and is the dividing line between a lot and a public street or private road. Structure Means anything constructed or erected, the use of which requires location on the ground or attached to something having location on the ground and, without limiting the generality of the Figure 3-12 Township of Larder Lake Zoning By-law - June 25, 2013 3-41 foregoing, includes a recreational vehicle and a sewage disposal system but does not include a fence. Studio Means a building or part thereof used, (a) as the workplace of a cabinetmaker, ornamental welder, photographer, artist, or artisan or any similar artist or craftsman, where unique articles are made or fabricated and offered for sale. (b) for the instruction of art, music, languages or similar disciplines. Swimming Pool Means an open or covered pool used for swimming, wading, diving or recreational bathing which is at least 50 cm (19.6 inches) in depth, and may include a hot tub, inflatable pool or whirlpool. 3. T Tavern Means a building or part thereof where liquor, beer or wine are served for consumption on the premises, with or without food, and is licensed under the Liquor License Act. Temporary Building - see Building, Temporary Temporary Shelter Means a non-permanent commercially prefabricated accessory structure that is erected and used to provide shelter to a vehicle and is designed to be easily dismantled or removed. (See Figure 3-13) Theatre Means a building or part thereof used for the presentation of motion pictures or staged entertainment. The definition of theatre shall not include drive-in theatres. Theme Park Means an entertainment or amusement facility or park developed around one or more themes. Through Lot - see Lot, Through Tourist Cabin - see Sleep Cabin Tourist Cabin Establishment Means a place providing sleeping accommodation in rental cabins for the travelling or vacationing public. A tourist cabin establishment provides a minimum of four (4) cabin units Figure 3-13 Township of Larder Lake Zoning By-law - June 25, 2013 3-42 for rent, and may include accessory facilities which support the use such as, without limiting the generality of the foregoing, administration offices but shall not include a restaurant that serves the general public. Tourist Establishment Means place used for the purpose of sleeping accommodation on a temporary basis by tourists or vacationers, including a hotel, motel, lodge or bed and breakfast, and rental cottage or cabin where more than three (3) such rental units occupy the same property, including accessory uses such as dining, meeting and beverage rooms and similar uses. Tourist Outfitters Establishment Means a place which operates throughout all or part of a year which may or may not furnish overnight accommodation and facilities for serving meals and furnishes equipment, supplies or services to persons in connection with angling, hunting, camping or other similar recreational purposes. Township Means the Corporation of the Township of Larder Lake. Trailer - see Recreational Vehicle Transportation Depot Means place where commercial vehicles are kept for hire, rental and/or lease, or stored and/or parked for remuneration and/or from which such vehicles are dispatched for hire as common carriers and where such land, structure or building may be used for the storage and/or distribution of goods, wares, and merchandise. 3. U Use Means the purpose for which any land, building, structure or any combination thereof is designed, arranged, occupied or maintained. 3.V Vehicle Means a motor vehicle, traction engine, farm tractor, road-building machine, bicycle and any vehicle drawn, propelled or driven by any kind of power, including muscular power, but does not include a snowmobile or a street car. Veterinary Establishment Means an establishment located within a building or part of a building used by a veterinarian where animals are treated and where domestic animals may be kept for treatment within a building, but shall not include a commercial kennel. Video Rental Outlet Township of Larder Lake Zoning By-law - June 25, 2013 3-43 Means a building or part of a building wherein the primary use is the rental of video materials (e.g. DVDs, tapes, Blu-ray discs, etc.) and may include the rental of video cassette recorders, video cameras, video games and the sale of other such items related to audio-visual entertainment. Viewing Deck Means a structure that is designed and oriented on the ground to provide a view of a particular area of feature (e.g. lake, valley). A viewing deck shall not exceed 16.7 m2 (179.76 ft2) and may be screened-in but shall not be enclosed by walls. The definition of viewing deck does not include a gazebo, deck, patio or any other shoreline structures. Viewing Platform - see Viewing Deck 3. W Warehouse Means a building or part thereof used primarily for the operation of general merchandise warehousing, cold storage or other storage facilities and includes a centre for distribution of wholesale goods and commodities for resale to retailers; to industrial, commercial, institutional or professional users, and/or to other wholesalers. (See also Self Storage Facility) Waste Management Facility Means a site which is licensed or approved by the Ministry of the Environment and/or its agents where garbage, refuse, domestic or industrial waste, excluding radioactive or toxic chemical wastes, is disposed of or dumped. This definition shall include waste transfer stations, processing sites, and recycling depots. (See also Recycling Depot). Watercourse Means the natural channel for a perennial or intermittent creek, stream or river. Waterfront Means the lands adjacent to the common boundary of a water body or watercourse with an area of land. Water Access Lot Means a lot that is provided access by a navigable water body or watercourse. Water Body Means any bay, lake, river, wetland or canal but excluding a drainage or irrigation channel. Water Frontage Means the strip of land comprising part of a lot that directly abuts a water body or watercourse. When used as an adjective, means a lot or lands that has frontage on a water body or watercourse. Water System - see Sewage and Water Systems Township of Larder Lake Zoning By-law - June 25, 2013 3-44 Water Vehicle Means any vehicle drawn, propelled or driven by any kind of power, including muscular power, on water. The definition of water vehicle shall not include a snowmobile or any other vehicle that is capable of being propelled or driven on both land and water. Wayside Pit Means land from which unconsolidated aggregate is removed by means of open excavation for use in a public undertaking. Wayside Quarry Means a place from which consolidated aggregate is removed by means of open excavation for use in a public undertaking. Welding Shop Means a building or structure or part thereof where metal products are joined, repaired or shaped by welding but no mass productions shall be involved. Wetland Means lands that are seasonally or permanently covered by shallow water, as well as lands where the water table is close to or at the surface. In either case the presence of abundant water has caused the formation of hydric soils and has favoured the dominance of either hydrophytic or water tolerant plants. The four major types of wetlands are swamps, marshes, bogs and fens. Lands being used for agricultural purposes, that are periodically 'soaked' or 'wet', or which no longer exhibit wetland characteristics are not considered to be wetlands for the purposes of this definition. Wildlife Habitat Means areas where plants, animals and other organisms live, and find adequate amounts of food, water shelter and space needed to sustain their populations. Specific wildlife habitats of concern may include areas where species concentrate at a vulnerable point in their annual life cycle; and areas which are important to migratory or non-migratory species (see also Significant Wildlife Habitat). Wind Turbine, Small Means a wind energy conversion structure consisting of a wind turbine, a tower and associated control or conversion electronics, which has a rated capacity of not more than 300 kilowatts, and which is intended to provide electrical power for use on-site (either behind the meter or off-grid) and is not intended or used to produce power for resale. The definition of small wind turbine also includes vertical axis wind turbines which consist of blades rotating around a vertical motor shaft. For the purposes of this By-law, a small wind turbine shall be considered an accessory structure. Wind Turbine, Large Means a wind energy conversion structure consisting of a wind turbine, a tower and associated control or conversion electronics, which has a rated capacity of 2 megawatts or greater, and which is connected to the provincial electrical system and is which intended to generate electricity for sale off-site. Township of Larder Lake Zoning By-law - June 25, 2013 3-45 Workshop or Custom Workshop Means a building, structure or part thereof where manufacturing is performed by a tradesman, requiring manual or mechanical skills and may include a carpenter's shop, a locksmith's shop, a gunsmith's shop, a tinsmith's shop, a commercial welder's shop or similar uses. Wrecking Yard - see Salvage Yard 3. Y Yard Means the area between a main wall of a building and a lot line that, except for landscaping or accessory buildings, structures and uses and projections specifically permitted elsewhere in this By-law, is unobstructed above grade. Yard Sale Means the occasional or infrequent sale (e.g. one or two days annually), of household goods, clothing, furniture, tools, recreational equipment or other secondhand articles or sundry items, usually by the households on an individual property, but may include a joint sale by neighbours on the same street or a joint sale at a school, place of worship or other location. (See also Flea Market) Yard, Front Means the space extending across the full width of a lot between the front lot line and the nearest part of any main building or structure for which such yard is required (See Figure 3- 13). Yard, Rear Means a space extending across the full width of a lot between the rear lot line and the nearest part of any main building or structure for which such a yard is required. Where there is no Figure 3-13 Township of Larder Lake Zoning By-law - June 25, 2013 3-46 rear lot line, the rear yard shall be measured from the intersection of the side lot lines to the closest point of the main building (See Figure 3-13). Yard, Side Means a space extending from the front yard to the rear yard between the side lot line and the nearest part of any main building or structure for which such a yard is required (See Figure 3- 13). Yard, Exterior Side Means a side yard adjacent to a public street or private road (See Figure 3-13). Yard, Interior Side Means a side yard other than an exterior side yard (See Figure 3-13). 3. Z Zone Means a designated area of land use demarcated on the Schedules attached hereto. Zoning Administrator Means a person who has been appointed by By-law by the Council of the Municipality for the purpose of enforcing the requirements of the zoning by-law and without limiting the foregoing, may include a By-law Enforcement Officer, the Chief Building Official and the Clerk of the Municipality. Township of Larder Lake Zoning By-law - June 25, 2013 4-1 Section 4 GENERAL PROVISIONS Explanatory Note The General Provisions section of the By-law states the regulations which apply regardless of the specific zoning. 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. 4.1 Accessory Buildings, Structures and Uses 4.1.1 Where a lot is devoted to a permitted use, customary accessory uses, buildings and structures are permitted provided that: (a) All accessory uses, buildings and structures to a permitted main use shall be located on the same lot and in the same zone as the main use. (b) The use of any accessory building or structure for human habitation is not permitted except where specified in this By-law. (c) No accessory building or structure shall be erected closer to the front lot line or the exterior side lot line than the minimum front yard and external side yard setbacks required for the main building. This provision shall be exempted: (i) for lots with water frontage; (ii) for a partially enclosed shelter not exceeding 2.32 m2 (25 ft2) for use by children waiting for a school bus on lots equal to or greater than 0.4 ha (0.99 ac); (iii) for a gatehouse required to provide security to a premises or property; (iv) for detached garages and storage buildings and structures where the main building on the lot is setback twice the required front yard or exterior side yard setback; and (v) for mineral mining operations and mineral aggregate operations. (d) In the case of a through lot that is not deemed to be a corner lot, accessory buildings and structures are not erected closer to the rear lot line than the required front yard setback for those abutting lots that are not through lots; (e) Any building or structure which is attached to the main building shall not be considered an accessory building or structure (Examples: garage, carport, balcony, deck). (f) Except where specified otherwise, no accessory building or structure shall be erected less than 1 m (3.28 ft.) to any interior side lot line or rear lot line except Township of Larder Lake Zoning By-law - June 25, 2013 4-2 for common semi-detached garages which may be centered on a mutual side lot line. No accessory building or structure shall be located less than 2 m (6.56 ft.) from a main building or other accessory buildings or structures located on the same lot or on an adjacent lot. (g) Despite paragraph (c), a boat house, pump house, boat port, float plane hangar, dock or wharf may be located in the yard located between the shoreline and the main building where a lot abuts a navigable watercourse or water body, provided that the approval of any government authority having jurisdiction has been obtained and provided that the boat house, pump house, boat port, float plane hangar, dock or wharf is located not closer than 2 m (6.56 ft.) to the nearest adjacent lot line and does not encroach on the frontage of adjacent lots when the lot boundaries are extended into the water. (h) Despite paragraph (c), a shoreline structure, not including a boat house, pump house, boat port, float plane hangar, dock or wharf, shall be setback a minimum of 30 m (98.4 ft.) from any high water mark or shoreline in any yard adjacent to a water body. This setback shall be reduced for shoreline structures (excluding sheds and storage buildings) where there is an established building line and provided the average setback is not less than 15 m (49.2 ft.), in accordance with Section 4.10. (i) Temporary shelters are considered to be accessory structures for the purpose of this By-law and shall comply with the provisions of this section; (i) Temporary shelters shall only be located on a side yard or rear yard. (j) Accessory uses, buildings and structures shall not be erected or established prior to the erection or establishment of the main building or use, except: (i) where it is necessary for the storage of tools and materials in connection with the construction of the main use, building or structure, and (ii) where a new main use, building or structure is to be erected or established on a lot thereby making the existing main use, building or structure the accessory use, building or structure upon erection or establishment of the new main use, building or structure. (k) A boxcar, sea container or similar temporary or portable storage structure or unit shall not be permitted in the Low Density Residential (R1) Zone or the Medium Density Residential (R2) Zone. (l) A community garden for the local production of food shall be permitted as an accessory use in any zone. (m) Alternative energy systems including solar, wind and geothermal facilities producing less than 3Kw shall be permitted in any residential, commercial Township of Larder Lake Zoning By-law - June 25, 2013 4-3 industrial or rural zone provided that the setback from any side yard or rear yard lot line is not less than 1.5 m (4.992 ft.) and provided that the setback from any front lot line or exterior side yard lot line is not less than 6 m (19.6 ft.) 4.1.2 Swimming Pools Private swimming pools, both above-ground and in-ground, both open and covered, including inflatable pools, shall be permitted and shall be subject to any By-law of the Township regarding swimming pools and the following requirements: (a) Outdoor Open Pools (i) Open pool areas shall be totally enclosed by a fence constructed of suitable materials, having a minimum height of 1.52 m (5 ft.) with a self-locking gate and shall be setback a minimum of 1.52 m (5 ft.) from the pool. Where a pool is an above-ground pool, any combination of the pool wall and surrounding fence or structure totaling a minimum of 1.52 m (5 ft.) in height shall be deemed to meet these fencing requirements provided that there is a self-locking gate of equivalent arrangement to prevent unauthorized entry. (See also Section 4.10 of this By-law) (ii) The maximum height of an above-ground pool shall not be more than 2 m (6.56 ft.) above grade. (iii) Any accessory building or structure required for changing clothing, for storage, for pumping or filtering or for any similar purposes, shall comply with all requirements of Section 4.1.1 and the zone in which it is located. (iv) No outdoor swimming pool shall be located in any front yard or exterior side yard. (v) Despite paragraph (iv), outdoor swimming pools which are accessory to community centres, hotels and motels may be located in the front yard or exterior side yard and shall meet all other requirements of this By-law. (vi) Outdoor swimming pools shall be setback a minimum of 1.52 m (5 ft.) from all lot lines. (b) Indoor Pools Indoor or covered pools not located within or attached to a main building shall comply with the accessory building requirements of Section 4.1.1. (c) Pools in the Flood Plain The establishment of any swimming pool in an identified flood plain area shall be subject to the approval of the Ministry of Natural Resources or it's designate. Township of Larder Lake Zoning By-law - June 25, 2013 4-4 4.2 Accessory Residential Uses (a) One (1) sleep cabin or one (1) loft-above-a-garage shall be permitted per lot as an accessory use to a permitted dwelling in the Recreational Residential (R4) Zone. Lofts, where located above a garage, and sleep cabins shall not exceed 37 m² (400 ft.²) in gross floor area. The loft portion of a loft-above-a-garage structure shall not exceed one (1) storey. (b) Sleep cabins and lofts-above-a-garage shall not be considered dwelling units and shall not be rented out to the public for gain or profit. (c) Sleep cabins and lofts-above-a-garage shall not be erected on a lot on which a garden suite is located. (d) Despite Section 4.1.1 of this By-law, no sleep cabin or loft-above-a-garage shall be erected closer than 3 m (9.84 ft.) to any interior side lot line or rear lot line. No sleep cabin or loft-above-a-garage shall be located less than 3 m (9.84 ft.) from a main building. (e) The erection, alteration, enlargement or extension of any sleep cabin or loft-above-a- garage shall not exceed the maximum lot coverage requirement in the zone in which the sleep cabin or loft-above-a-garage is located. (f) Apartments-in-a-house shall be permitted as accessory uses to a single detached or semi-detached dwelling located in the Larder Lake Urban Settlement Area Boundary. (g) Apartments-in-a-house shall be considered dwelling units for the purposes of this By- law. (h) Apartments-in-a-house may be rented out to the public for gain or profit and may be subject to any licensing requirements of the Township of Larder Lake. (i) Accessory residential uses described in this Section shall not be established unless the provisions for servicing under Section 4.32 and the provisions for parking under Section 4.24 can be met. (j) Section 4.1 shall also apply to the establishment of accessory residential uses described in this Section. (k) Where permitted by a temporary use by-law under Section 39 of the Planning Act, a garden suite shall be permitted as an accessory use to a main residential use in any residential zone except the Medium Density Residential (R2) Zone provided: (i) the lot conforms with the zone requirements in which the garden suite is to be located; (ii) the maximum net floor area is 74 m² (800 ft.²); Township of Larder Lake Zoning By-law - June 25, 2013 4-5 (iii)notwithstanding anything in this By-law to the contrary, the maximum height of the garden suite is 6 m (19.7 ft.); (iv) the garden suite is located in a rear or interior side yard and meets the minimum yard and minimum accessory use lot coverage requirements set out in the corresponding zone, and is set back a minimum of 3 m (9.8 ft.) from any rear or side lot line; (v) the provisions for servicing under Section 4.32 and the provisions for parking under Section 4.24 can be met. (l) A garden suite shall not be considered a dwelling unit for the purposes of this By-law and shall not be rented out to the public for gain or profit. (m) A garden suite shall not be erected on a lot on which a sleep cabin or loft-above-a- garage is also located. (n) Accessory dwellings may be permitted as accessory uses to commercial and industrial uses in accordance with the Additional Provisions of the respective zone. 4.3 Automobile Service Stations and Gasoline Bars Where automobile service stations and gasoline bars are permitted in this By-law, and notwithstanding any other provisions of this By-law to the contrary, the following provisions shall apply: (a) The minimum lot frontage for any interior lot shall be 35 m (114.83 ft.) and the minimum frontage for a corner lot shall be 40 m (131.23 ft.) at the exterior side lot line and 35 m (114.83 ft.) at the front lot line. (b) The minimum distance between any portion of the gasoline pump island and any lot line shall be 4.50 m (14.76 ft.). (c) Where the lot is a corner lot, no portion of any gasoline pump island shall be located closer than 3.05 m (10 ft.) to a sight triangle. (d) The width of any entrance or exit driveway or combined entrance or exit driveway measured at the front lot line or exterior side lot line shall not be greater than 9 m (29.53 ft.) and there shall not be more than two (2) driveways per lot. (e) The minimum distance between driveways measured along the street line intersected by such driveways shall be 8 m (26.25 ft.). (f) The minimum distance between a driveway and intersection of street lines, measured along the street line intersected by such driveway, shall be 9 m (29.53 ft.). (g) The minimum distance between an interior side lot line and any driveway shall be 3 m (9.84 ft.). Township of Larder Lake Zoning By-law - June 25, 2013 4-6 (h) A minimum of 1 m (3.28 ft.) of landscaped open space shall be provided along any lot line abutting a street, and such landscaped open space shall be continuous, except for driveways or walkways for accessing the lot. 4.4 Bed and Breakfast Establishments A bed and breakfast establishment shall be permitted as an accessory use to a permitted single detached dwelling in any zone subject to the following requirements: (a) Bed and breakfast establishments are not subject to the home based business requirements of Section 4.14 of this By-law. (b) The operation of a bed and breakfast establishment shall be incidental and secondary to the main use of the single detached dwelling. The use of the dwelling as a bed and breakfast establishment shall not change the residential character of the dwelling. (c) The requirements for the provision of off-street parking spaces shall be met in accordance with Section 4.24. (d) The requirements of the local Health Unit, where applicable, shall be met. (e) One (1) sign may be permitted to advertise the bed and breakfast establishment. Such sign shall not exceed 1 m2 (10.76 ft2) in surface area and shall not be back-lit. The permitted sign may be a freestanding sign in a front or side yard or may be attached to a wall of a permitted building or structure. The sign may be illuminated by lights where the illumination is directed directly onto the sign and does not create a glare on adjacent properties (See also Section 4.15). Signs may also be subject to any Sign By-law as may from time to time be enacted by the Township under the Municipal Act. (f) The bed and breakfast establishment shall only employ or be operated by persons whose principal residence is the dwelling unit containing the bed and breakfast establishment; (g) A breakfast service shall be provided to guests. (h) The building in which the bed and breakfast establishment is located shall comply with all applicable Building Code and Fire Code regulations. 4.5 Buildings to be Moved A building or structure may be moved within or into the Township of Larder Lake provided a permit is first obtained from the Zoning Administrator and the building or structure is a permitted use and meets all relevant requirements of this By-law. Township of Larder Lake Zoning By-law - June 25, 2013 4-7 4.6 Camps (Hunt Camps, Fishing Camps) (a) Where a camp is to be established as an accessory use to a dwelling on the same lot, the camp structure shall be separated from all dwellings on the same lot a minimum distance of 500 m (1,640.4 ft.). (b) Where a camp is to be established as the main use of a lot, the camp shall be separated a minimum of 300 m (984.25 ft.) from dwellings on adjacent lots. (c) A camp shall not be serviced with electricity or running water. 4.7 Change of Use The use of a lot, building or structure which, under the provisions of this By-law, is not permitted within the zone in which such lot, building or structure is located, shall not be changed except to a use which is permissible within such zone or as otherwise authorized by the Committee of Adjustment under Section 45(2) of the Planning Act. 4.8 Cumulative Standards Notwithstanding anything in this By-law to the contrary, where any lot, building or structure is used for more than one (1) purpose, the applicable provisions of this By-law which serve to regulate each use shall be complied with. (When a lot, building or structure accommodates more than one use, the parking space requirements, loading space requirements and other such requirements related to each use shall be the sum of the requirements for the separate uses) 4.9 Drive-Through Facilities Notwithstanding any other provisions of this By-law, where a building or structure incorporates a drive-through facility, the following provisions shall apply: (a) Drive-through facilities are a permitted use in the Townsite Centre (TC) Zone and the Highway Commercial (HC) Zone; (b) A drive-through facility is a principle use in combination with another use, neither of which may be construed as accessory to the other, and all regulations pertaining to each shall apply; (c) The minimum distance of a vehicle space in a stacking lane shall be 2.7 m (8.8 ft.) by 6 m (19.6 ft.); (d) No part of an order board shall be located closer than 10 m (32.8 ft.) from the property boundary of any property occupied by or zoned for a residential use; Township of Larder Lake Zoning By-law - June 25, 2013 4-8 (e) No part of any stacking lane shall be permitted to locate in a front yard; and (f) All drive-through facilities shall conform to the requirements for parking areas set out in Section 4.24 (h). 4.10 Established Building Lines (a) 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 the Larder Lake Urban Settlement Area Boundary, where there is an established building line extending on both sides of the lot, such permitted building or structure may be erected closer to the street line than required by this By-law provided such permitted building or structure is not erected closer to the street line than the established building line. All other provisions of this By-law shall apply. (b) Despite the setback provisions of this By-law to the contrary, where a permitted shoreline structure is to be erected on a lot with water frontage, where there is an established building line extending on both sides of the lot, such permitted shoreline structure may be erected closer to the high water mark than required by this By-law provided such permitted shoreline structure is not erected closer to the high water mark than the established building line or 15 m (49.2 ft.), whichever setback is greater. 4.11 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 any provisions for fences set out in this By-law and as follows: (a) Fences in a Residential Zone (i) The maximum height of a fence in the interior side or rear yard shall be 2 m (6.56 ft.) measured from the average grade. (ii) The maximum height of a fence in the front yard or exterior side yard shall be 1 m (3.28 ft.) measured from the average grade. (iii) No fence shall be erected so as to obstruct a sight triangle. (iv) An unpierced hedgerow or other unpierced planting in a front or exterior side yard shall be deemed to be a fence. (v) The use of barb-wire, spire tips, sharp objects or any device for projecting an electric current in any fence construction is prohibited. (b) Fences in a Non-Residential Zone Township of Larder Lake Zoning By-law - June 25, 2013 4-9 (i) The maximum height of a fence in any yard of a non-residential use shall be limited to 2.5 m (8.2 ft.) where the fence is a chain-link fence or other similar transparent construction material, or 2 m (6.56 ft.) for any other materials. (ii) No fence shall be erected so as to obstruct a sight triangle. (iii) The use of barb-wire, spire tips, sharp objects or any device for projecting an electric current in any fence construction is prohibited. (c) Paragraph (b) shall not apply to fences required for public service uses or communication facilities. (d) Where there is a conflict between this By-law and a Fence By-law enacted under the Municipal Act, the provisions of the Fence By-law shall prevail. 4.12 Flood Plain The following provisions shall apply to areas located below any engineered flood elevation. The flood elevation of Larder Lake has been identified at 287 m (941.6 ft.). No person shall use any land or erect, alter or use any building or structure in the flood plain except in accordance with the following provisions: (a) Permitted Uses (i) Buildings or structures intended for flood or erosion control or slope stabilization (ii) All buildings and structures in existence on the day of passing of this By-law (iii) Low impact buildings such as a gazebo and viewing deck, but not a shed, detached garage, sauna or storage building. (iv) A swimming pool (v) Conservation Uses (vi) Marine facilities (vii) Parks, not including buildings or structures associated with parks unless permitted elsewhere in this subsection (Examples: gazebo permitted but not a storage building) (viii) Hydro-electric generating facilities, not including the main building of such facility (ix) Infrastructure incidental to a water supply or waste water treatment facility such as a water intake or sewer outfall but not including the main building of such facility. (b) Prohibited Uses Township of Larder Lake Zoning By-law - June 25, 2013 4-10 Buildings and structures shall not be permitted to locate in hazardous lands where the use is: (i) an institutional use associated with hospitals, day nurseries, continuum-of-care facilities, retirement homes and schools, where there is a threat to the safe evacuation of the sick, the elderly, persons with disabilities or the young during an emergency as a result of flooding, failure of floodproofing measures or protection works or erosion; (ii) an essential emergency service such as that provided by fire, police and ambulance stations and electrical substations, which would be impaired during an emergency as a result of flooding, the failure of floodproofing measures and/or protection works, and/or erosion; and (iii) uses associated with the disposal, manufacture, treatment or storage of hazardous substances. (c) Additional Provisions (i) Any new building or structure or any enlargement of or addition to any buildings or structures permitted in the flood plain after the day of passing of this By-law shall incorporate appropriate engineered construction techniques which reduce or eliminate the risks of flood damage from erosion or unstable slopes. (ii) Modification of the flood plain through dumping, filling, excavation or site grading of land or the diversion or alteration of any watercourse or the obstruction of the flood capacity by any means is prohibited unless otherwise permitted and/or approved by the agency having authority. 4.13 Frontage on Roads and Water (a) No building or structure shall be erected in any zone unless the lot upon which such building or structure is to be erected has frontage onto and direct access to a publicly owned and maintained road that is open year-round, except: (i) existing lots of record created prior to the date of adoption of this By-law that are in the Recreational Residential (R4) Zone where frontage may be on a private road or where the lot is an authorized water access lot in accordance with paragraph (a)(ii); (ii) authorized water access lots and islands where parking is available through a legal agreement on land that is accessible by motor vehicle (a legal agreement does not include a boat slip rented or leased from the municipality unless the Township of Larder Lake Zoning By-law - June 25, 2013 4-11 agreement for the boat slip specifically states that the use of the boat slip may be used for access to a water access lot); (iii) camps; (iv) buildings and/or structures associated with a mineral mining operation or forestry uses, which may have frontage on a public road, private road or resource access road; (v) a resource related use on Crown Land; (vi) a wayside pit or quarry; (vii) any passive outdoor recreational use or activity such as skiing, snowmobiling, hiking, mountain biking or similar activities; (viii) public utilities. (ix) mineral exploration. (b) For subsections (iii), (iv), (vi), and (viii), where frontage is not on a public street or a private road, access shall be provided by a legal right-of-way to the property. (c) Despite paragraph (a), 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 right-of-way shall be deemed to conform to the provisions of this section, provided that such lot frontage is in conformity with the standards set out in the corresponding zone or any exception thereto. (d) In addition to all the requirements of the Corporation of the Township of Larder Lake, the erection of all buildings and structures within the Ontario Ministry of Transportation's Permit Control Area is subject to the requirements and/or permits of the Ontario Ministry of Transportation. 4.14 Height Exceptions The maximum height requirements of this By-law shall not apply to any of the following: - Air conditioning system - Chimney - Place-of-worship spire or belfry - Clock tower - Communications tower - Drying tower - Elevator or stairway enclosure - Enclosed mechanical and electrical equipment penthouse - Farm-related buildings and structures such as a silo or windmill, but not including a barn or dwelling - Flag pole - Headframe or hoist - Hydro-electric transmission tower - Lightning rod - Ornamental dome or cupola - Satellite dish Township of Larder Lake Zoning By-law - June 25, 2013 4-12 - Security Camera - Skylight - Solar collector panel - Television or radio antennae - Ventilating fan or skylight - Water tower or tank - Weathervane - Wind turbine 4.15 Home Based Businesses (a) The following home based businesses shall be permitted as accessory to any permitted residential use: (i) professional and consulting services (examples: architect, engineer, financial advisor, accountant, consultant, legal services, physician, teleworker) (ii) instructional services (examples: music lessons, dance, art, academic tutoring) (iii) home craft businesses (examples: quilter, potter, jeweler, painter/visual artist, small scale assembler) (iv) day nursery (v) distribution sales office or mail order sales (examples: cosmetics, clothing or small household appliances) (vi) offices for contractors and trades (examples: plumber, electrician) (vii) repair services (examples: small appliances, computers) (viii) high technology uses (examples: internet services, office call centre services, desktop publishing, computer hardware and software development) (ix) personal care services (examples: hairdresser, barber, massage therapist, esthetician) (x) catering establishment. (xi) Studio (xii) Pet grooming, but not including overnight keeping of animals (xiii) Sale of bait for recreational fishing purposes (b) A restaurant, clinic, kennel, any retail or wholesale store or vending outlet, laundry services, veterinary establishment, multiple chair hairdresser or barber, place of amusement, funeral parlour, small engine repair, automobile repair, tourist establishment, workshop, storage yard, machine shop, auto repair garage, convalescent home, mortuary, or any use that cannot be categorized under paragraph (a) shall not be permitted as a home based business. (c) Home based businesses may be permitted provided that: (i) the use is clearly secondary to the use of the dwelling unit as a private residence and shall be located within the dwelling unit and/or an accessory building; (ii) where instruction is carried on (e.g. instructional services), there shall not more than five (5) pupils accommodated at any given time; (iii) no more than two (2) home bases businesses shall be permitted in any one (1) Township of Larder Lake Zoning By-law - June 25, 2013 4-13 dwelling unit; (iv) not more than 25% of the gross floor area of a dwelling unit, up to a maximum of 50 m2 [538.2 ft2], may be used for home based business purposes. Where two (2) home based businesses exist within a single dwelling unit, the maximum gross floor area used for the combined businesses shall not exceed 25% of the dwelling unit up to a maximum of 50m2 [538.2 ft2]; (v) a home based business operating in an accessory building or structure in the Low Density Residential (R1) Zone shall not occupy an accessory building or structure exceeding the maximum lot coverage provision for Accessory Uses, Buildings and Structures in the zone; (vi) home based businesses in the Medium Density Residential (R2) Zone or Townsite Centre (TC) Zone shall not be permitted in an accessory building or structure; (vii) the home based business shall be operated by the owner or occupant of the dwelling unit within which it is located and shall not employ more than one (1) non-household members who works on-site; (viii) the use does not create nor become a public nuisance in regard to noise, traffic, parking or health safety, and shall not be a noxious use, trade, business or activity; (ix) there is no outdoor storage or display to indicate to persons outside that any part of the property is being used for a use other than residential; (x) only one (1) sign may be permitted to advertise the home based business. Such sign shall not exceed 1 m2 (10.76 ft2) in surface area and shall not be back-lit. The permitted sign may be a freestanding sign in a front or side yard or may be attached to a wall of a permitted building or structure. The sign may be illuminated by lights where the illumination is directed directly onto the sign and does not create a glare on adjacent properties (See also Section 4.15). Signs may also be subject to any Sign By-law as may from time to time be enacted by the Township under the Municipal Act. (xi) no outside waste associated with the business shall be permitted; (xii) parking is provided in accordance with Section 4.24 of this By-law; (xiii) the business does not generate excessive traffic and shall not create a traffic hazard; (xiv) the business does not receive clients or deliveries between the hours of 9:00 p.m. (2100 hours) and 7:00 a.m. (0700); and (xv) the business is legal and has obtained any necessary permits or licenses from the municipality and/or any other applicable government body having jurisdiction. Township of Larder Lake Zoning By-law - June 25, 2013 4-14 (d) Bed and breakfast establishments shall not be subject to this Section of the By-law. (See Section 4.4 of this By-law) 4.16 Illumination Illumination of buildings, structures, grounds and yards shall be permitted provided that: (a) The illumination does not cause direct or indirect glare on a street that may interfere with traffic or pedestrian safety; (b) The illumination does not consist of a colour or be so designed or located that it may be confused with traffic signals; and (c) The illumination does not cause direct or indirect glare on land or buildings in any zone in which residential uses are permitted. 4.17 Land Suitability for Use Notwithstanding anything in this By-law to the contrary, no building or structure that is habitable, provides overnight accommodation, or is used for commercial, industrial or institutional purposes, shall be erected, constructed or altered on land which, by reason of its, rocky, low-lying, marshy, unstable character which is in a flood plain or which is located or may be located on organic soil or steep slopes unless it can be demonstrated 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 can be met. (See also Section 4.12) 4.18 Loading Space Requirements For every building or structure erected after the date of passing of this By-law for a commercial, institutional and industrial use, involving the shipping, loading or unloading of persons, animals, wares, merchandise or other goods, loading facilities and spaces shall be provided and maintained in accordance with the following requirements: (a) The loading space requirements stated in this Section shall not apply to buildings or structures in existence as of the date of passing of this By-law, but shall apply to floor areas added as part of any expansion or enlargement to such buildings or structures after the date of passing of this By-law. (b) Each loading space shall have a minimum height clearance of 4.5 m (14.74 ft.) and shall be at least 3.5 m (11.48 ft.) in width by 10 m (32.81 ft.) in length. (c) 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 and the loading space is Township of Larder Lake Zoning By-law - June 25, 2013 4-15 required, provided such a space is in an area whose distance from a lot line to the building or structure is not less than 7.5 m (24.6 ft.) and shall have unobstructed access to and from a street by a driveway, lane or aisle of a minimum width of 6 m (19.7 ft.). (d) The number of required loading spaces shall be based on net floor area of the building or structure as follows: (i) Commercial Uses Net Floor Area Minimum Required Loading Spaces 0 - 200 m2 0 [0 - 2,152.78 ft2] 200.01 - 500 m2 1 [2,152.89 - 5,381.96 ft2] over 500 m2 1 plus 1 additional space for each additional 300 m2 [3,229.17 ft2] of net floor area or part thereof [over 5,381.96 ft2] (ii) Industrial Uses, excluding mineral mining operations and mineral aggregate operations Net Floor Area Minimum Required Loading Spaces 0 - 350 m2 0 [0 - 3,767.37 ft2] 350.01 - 1,000 m2 1 [3,767.48 - 10,763.91 ft2] over 1,000 m2 1 plus 1 additional space for each additional 1,000 m2 [10,763.91 ft2] of net floor area or part thereof [over 10,763.91 ft2] (e) Notwithstanding paragraphs (a), (b), (c) and (d), there shall be no minimum number of parking spaces required for non-residential use (not including non-residential uses that provide overnight accommodation, e.g. hotel, motel) in the Townsite Centre (TC) Zone for lots with frontage on Godfrey Street south of Second Avenue. 4.19 More than One Zone Applying to a Lot Where a lot is divided into more than one (1) zone, each such portion of the lot shall be used in accordance with the provisions of this By-law for the zone where such portion of the lot is located. Township of Larder Lake Zoning By-law - June 25, 2013 4-16 4.20 Natural Vegetation Buffer (a) The first 30 m (98.4 ft.) from the high water mark of a water body or a tributary shall be preserved as a natural vegetation buffer where the cutting or removal of trees, shrubs or ground cover will not be permitted except for the removal of dead or diseased trees, debris or noxious plants. An access corridor not greater than 9 m (29.5 ft.) in width passing through the natural vegetation buffer shall be permitted to provide an access between the main use of the land and the shoreline. (Figure 4-1) (b) Paragraph (a) shall not apply where a site plan agreement in effect. 4.21 Non-Conforming Uses, Buildings, Structures and Lots (a) Continuation of Existing Uses Nothing in this By-law shall apply to 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 so long as it continues to be used for that purpose. The non-conforming use of any land, building or Figure 4-1 Township of Larder Lake Zoning By-law - June 25, 2013 4-17 structure shall not be changed or enlarged except to a use which is in conformity with the provisions of the zone in which the land, building or structure is located, without permission from the Committee of Adjustment pursuant to the Planning Act. (b) Prior Building Permits Nothing in this By-law shall apply to prevent the erection or use of any building or structure for a purpose prohibited by this By-law for which a permit has been issued under the Building Code Act, prior to the day of passing of this By-law, so long as the building or structure when erected is used and continues to be used for the purpose for which it was erected and provided the permit has not been revoked under the Building Code Act. (c) Road Widening Nothing in this By-law shall prevent the use of any land, building or structure or the erection of any building or structure on a lot which does not comply to the minimum lot frontage and/or lot area and/or front yard setback and in the case of a corner lot, the side yard setback, as a result of a road widening taken by the Township of Larder Lake or the Ministry of Transportation of Ontario, provided all other requirements of this By-law are complied with. (d) Reconstruction of Existing Use (i) Nothing in this By-law shall prevent the reconstruction or strengthening to a safer condition of any non-complying building or structure which is destroyed or rendered uninhabitable by fire or other natural cause, provided the height and gross floor area are not increased, and the new building or structure is erected or on the same building footprint (ii) An existing non-complying building or structure may be renovated only, provided the renovation does not further reduce any zoning requirements or increase the gross floor area. (e) Extension or Addition to Existing Building or Structure Nothing in this By-law shall prevent the extension or addition to a building, structure or individual on-site sanitary sewage disposal system which is used for a purpose specifically permitted within the zone in which such building or structure is located and which building or structure existed at the date of passing of this By-law but which building or structure does not comply with one or more of the zone requirements of this By-law, provided such extension or addition does not further reduce the requirements of this By-law. (f) Undersized Lots Township of Larder Lake Zoning By-law - June 25, 2013 4-18 (i) Notwithstanding anything else to the contrary in this By-law, where a vacant lot in the Low Density Residential (R1) Zone having a lesser lot frontage and/or lot area than is required by this By-law is held under distinct and separate ownership from adjoining lots as of the date of passing of this By-law, the lot may be used for a purpose permitted in the zone in which it is situated provided it has an absolute minimum lot area of 450 m2 (4,843.8 ft2) and an absolute minimum lot frontage of 15 m (49.2 ft.) and all other requirements of this By- law are complied with. (ii) Notwithstanding anything else to the contrary in this By-law, where a vacant lot in the Recreational Residential (R4) Zone having a lesser lot area than is required by this By-law is held under distinct and separate ownership from adjoining lots as of the date of passing of this By-law, the lot may be used for a purpose permitted in the zone in which it is situated provided it has an absolute minimum lot area of 0.5 ha (1.24 ac) and all other requirements of this By-law are complied with. 4.22 Occupancy Restrictions Human habitation shall not be permitted in any of the following buildings, structures, vehicles or parts thereof unless the building, structure or parts thereof meet all the requirements of the Fire Code, the Ontario Building Code and any other applicable regulations, policies or acts: (a) Any private garage or other building which is accessory to a main use unless permitted in this By-law; (b) Any truck, bus, coach or streetcar body, whether or not the same is mounted on wheels; and (c) Any cellar, as defined in this By-law. 4.23 Open Storage Open storage shall be permitted in the Industrial (M) and Highway Commercial (HC) zones in accordance with the following: (a) The open storage is accessory to the main use of the lot; (b) Open storage shall not be permitted within any front yard or any minimum side or rear yard where such yard abuts lands zoned Low Density Residential (R1), Institutional (I) or Open Space (OS). (c) Any area of open storage shall be enclosed by a fence, or as otherwise regulated by a site plan agreement under Section 41 of the Planning Act; and Township of Larder Lake Zoning By-law - June 25, 2013 4-19 (d) No open storage area shall occupy any required off-street parking or loading space so as to reduce the number of parking or loading spaces below the number required by Sections 4.18 or 4.24 of this By-law. 4.24 Parking Requirements (a) Except as provided herein, no vehicles shall be parked or stored in a zone in which residential uses are permitted unless the vehicle is located within a garage, car port, driveway, parking space, designated parking area or on a street as permitted by a By- law enacted by the municipality. (b) Notwithstanding anything in this By-law to the contrary, there shall be no minimum number of parking spaces required for non-residential uses (not including non- residential uses that provide overnight accommodation, e.g. hotel, motel) in the Townsite Centre (TC) Zone for lots with frontage on Godfrey Street south of Second Avenue. (c) No parking space in a zone in which residential uses are permitted shall be used for the outdoor parking or storage of a motor vehicle unless such vehicle is used in operations incidental to the main and accessory use of the lot on which it is parked or stored. (d) Each standard parking space shall have a minimum width of 2.7 m (8.86 ft.) and a minimum length of 6 m (19.7 ft.). Each barrier-free parking space shall have a minimum width of 3.7 m (12.1 ft.) and a minimum length of 6 m (19.7 ft.). (e) Unless permitted elsewhere in this By-law, where two (2) or more uses are permitted in any one (1) building or on any one (1) lot, the total number of off-street parking spaces shall be calculated based on the sum of spaces required for each separate use. (Example: Where a seasonal dwelling and a sleep cabin are constructed on a lot, the lot shall be provided with a minimum of three (3) parking spaces) (f) 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 said 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 spaces for the addition or area changed in use shall be provided. Additional parking spaces shall not be required where the gross floor area of a dwelling unit is increased. (g) The following supplementary regulations shall apply to parking spaces and parking areas for single detached, semi-detached, duplex, triplex, converted, seasonal and row or townhouse dwellings: (i) The driveway and parking area shall be constructed of asphalt, concrete, paver stones, crushed stone or similar materials and shall be maintained and treated so as to reduce dust, scattering of stones and similar potentially undesirable effects on adjoining properties; Township of Larder Lake Zoning By-law - June 25, 2013 4-20 (ii) No more than fifty percent (50%) of the area of any required front yard shall be used or constructed as a driveway and/or parking area. (iii) No more than fifty percent (50%) of the lot frontage, as defined in this By-law, shall be used or constructed as a driveway or parking area. (h) The following supplementary regulations shall apply to parking areas for five (5) or more vehicles: (i) Any parking area shall be constructed of asphalt, concrete, paver stones, crushed stone or similar materials and shall be maintained and treated so as to reduce dust scattering of stones and similar undesirable effects on adjoining properties and shall incorporate drainage facilities that comply with the requirements of the Township. (ii) 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 m (19.7 ft.) for two-way traffic and 3.5 m (11.5 ft.) for one-way traffic where parking is angled. (iii) A driveway or lane which does not provide ingress and egress directly to a parking space shall have a minimum width of 3.5 m (11.48 ft.) where designed for one-way vehicular circulation or 6 m (19.7 ft.) where designed for two-way vehicular circulation. (iv) Barrier-Free Parking Requirements Where five (5) or more parking spaces are required by this By-law, barrier-free parking shall be provided in accordance with the following table: Number of Standard Parking Spaces Required by this By-law Number of Barrier- free Parking Spaces Required 5-25 1 26-50 2 51-75 3 76-100 4 101-150 5 151-200 6 Over 200 4% of the number of standard parking spaces required (i) Except where permitted elsewhere in this By-law, the required parking for residential uses in any zone shall be provided on the same lot as the dwelling unit. For all other uses, the parking spaces shall be provided within 100 m (328.1 ft.) of building it is Township of Larder Lake Zoning By-law - June 25, 2013 4-21 intended to serve, subject to an agreement, deed or renewable lease which provides for same. Parking for a permitted water access lot shall be provided at a public access point that is secured by a legal agreement and is on the same water body and is accessible by navigable water. (j) Despite paragraphs (h) (iv) and (k), if the calculation of the minimum parking space requirements results in a fraction, the minimum requirement shall be the next higher whole number. (Example: 7.23 spaces shall be deemed to require 8 parking spaces) (k) The owner of every building or structure erected, enlarged or used for any of the purposes hereinafter set forth, except authorized water access lots, shall provide and maintain for the sole use of the owner, occupant or other persons entering upon or making use of the said premises from time to time, off-street parking spaces and areas as follows: Use Minimum Number of Parking Spaces Required Residential Uses: Single Detached Dwelling 2 spaces per dwelling unit Semi-Detached Dwelling Duplex Dwelling Triplex Dwelling Converted Dwelling Seasonal Dwelling Row or Townhouse Dwelling Park Model Trailer Apartment Dwelling 1.5 spaces per dwelling unit (1 space per Bachelor Apartment Unit), 15% of which shall be reserved as visitor parking Apartment-in-a-House, Garden Suite, Loft- Above-a-Garage, Sleep Cabin, Retirement Home 1 space per unit Bed and Breakfast 1 space for each guest room in addition to the required residential spaces Home Based Business 1 space in addition to the required residential spaces plus 1 space per employee Continuum-of-Care Facility 1 space for every 6 patient beds plus 1 space for every 4 employees. Group Home, Crisis Care Facility 1 space for every 5 residents plus 1 space per employee Other Uses: Ambulance Facility 1.5 spaces per employee Township of Larder Lake Zoning By-law - June 25, 2013 4-22 Use Minimum Number of Parking Spaces Required Art Gallery, Studio, Veterinary Establishment, Convenience Store, Personal Service Establishment 1 space per 45 m2 [484.4 ft2] of gross floor area, minimum 3 spaces Auto Body Shop, Automobile Repair Garage, Automobile Service Station, Gasoline Bar, Gasoline Card Lock Facility 3 spaces per service bay Building Supply Store, Lumber Yard, Garden Centre, Nursery 1 space for every 20 m2 [215.3 ft2] of gross floor area of bulk storage Camp 0 parking spaces Campground 1 space per campsite plus the required spaces for any associated uses based on this table (e.g. restaurant) but not including an administration office in relation to the campground Car Wash (self service) 1 waiting spaces per wash bay excluding the wash bay Car Wash (automatic service) 5 waiting spaces per wash bay excluding the wash bay Clinic 1 space per 15 m2 [161.5 ft2], whichever is greater Construction Yard or Contractor's Yard, Equipment and Vehicle Storage Yard, Equipment Rental Establishment, Portable Asphalt/Concrete Plant, Salvage Yard Where use does not include buildings, 1 space per hectare [2.47 ac]. Where use includes buildings, 1 space per 30 m2 [322.9 ft2] of gross floor area for retail, showroom and administration, plus 200 m2 [2,152.8 ft2] for warehousing and wholesaling, where applicable Drive-through Facility Stacking lanes shall accommodate a minimum of 10 vehicles Funeral Parlour 1 space per 20 m2 [215.3 ft2] of gross floor area, minimum 3 spaces Equestrian Establishment 3 spaces Heliport, Private Airfield 1 space Hotel, Motel, Tourist Establishment, Tourist Outfitters Establishment (with road access) 1 space per guest room or suite, plus the required spaces for any associated use (e.g. restaurant) Industrial Use, Sawmill or Planing Mill 1 space for every 100 m2 [1,076.4 ft2] of floor area up to 200 m2 [2,152.9 ft2], plus 1 additional space for every 200 m2 [2,159.9 ft2] of floor area thereafter Library, Museum, Day Nursery 1 space per 40 m2 [430.6 ft2] of gross floor area Township of Larder Lake Zoning By-law - June 25, 2013 4-23 Use Minimum Number of Parking Spaces Required Marina 1 space for every seasonal boat slip, plus 1 space for every 4 transient boat slip plus 1 trailer space forever 10 boat slips Miniature Golf Course 1.5 spaces per course Public Service Use 1 space per 20 m2 [215.3 ft2] of gross floor area, minimum 3 spaces Place of Assembly, Place of Worship, Theatre 1 space per 4 persons accommodated according to the maximum permitted seating capacity, or 1 space per 10 m2 [107.64 ft2] where there are no fixed seats Restaurant, Tavern 1 space per 10 m2 [107.64 ft2] of gross floor area Retail Store, Bank, Flea Market (where contained within a building) 1 space per 20 m2 [215.3 ft2] of gross floor area, minimum 5 spaces School (elementary) 1 space per classroom (includes portables) School (secondary) 5 per classroom (includes portables) School (post-secondary) 2 per 100 m2 [1,076 ft2] Warehouse 1 space per 100 m2 [1,076.4 ft2] of gross floor area All other uses not listed above 1 space per 30 m2 [322.9 ft2] of gross floor area 4.25 Permitted Encroachments in Yards (a) Every part of any yard required by this By-law shall be open and unobstructed by any building or structure from the ground to the sky except those listed in the following table. These structures shall be permitted to project into the minimum yards required by this By-law for the following specified distances: Structure Maximum Projection into Required Yard Chimney breasts, cornices, sills, pilasters, eaves or gutters, solar collectors (where attached to building), heat pumps, ventilators, shutters, cornices, parapets, pilasters or other ornamental structures 1 m (3.28 ft.) into any 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 (6.5 ft.) into any yard Canopies for entrances to apartment buildings and commercial buildings Notwithstanding any other provisions in this By-law, a canopy or portico over a major entrance to an apartment dwelling building or commercial building may project into the required yard a distance equal to one-half Township of Larder Lake Zoning By-law - June 25, 2013 4-24 Structure Maximum Projection into Required Yard (50%) the setback of the building from the street line Window awnings, window bays 1 m (3.28 ft.) into front, rear and exterior side yards Ramps for use by handicapped, steps and walkways No maximum into any yard Unenclosed porch, uncovered platform landing, patio or deck, balconies or steps 3.0 m (9.8 ft.), including eaves and cornices, into any front or rear yard Balconies 1 m (3.28ft) into any yard for apartment dwellings, duplex dwellings, row or townhouse dwellings, triplex dwellings, or similar dwellings containing multiple dwelling units Fire escapes, exterior stair cases 1 m (3.28 ft.) into rear and exterior side yards Gate House in any Industrial Zone Unlimited into any front or side yard Fences, hedges, shrubs, trees, freestanding walls, flagpoles, light standards, garden trellises, clothes lines and similar structures or features, security cameras Unlimited in any yard Accessory building or structure As permitted by and as specified in this By- law (b) No structure permitted to project into any required yard by paragraph (a) shall obstruct a sight triangle. 4.26 Public Uses Permitted Any land may be used and any building or structure may be erected or used for the purpose of a public service by a public authority in any zone provided that: (a) The lot coverage and yard requirements prescribed for the zone in which such land, building or structure is located are complied with; (b) No goods, materials or equipment is stored in the open in a residential zone; (c) Any building erected in a residential zone under the authority of this Section shall be designed and maintained in general harmony with the residential buildings of the type permitted in the zone; and Township of Larder Lake Zoning By-law - June 25, 2013 4-25 (d) Parking and loading requirements as contained in this By-law shall be complied with. 4.27 Sight Triangles (a) Notwithstanding any provision of this By-law to the contrary, within any area defined as a sight triangle, the following uses shall be prohibited: (i) A building, structure or use which would obstruct the vision of drivers of motor vehicles. (ii) A fence or tree, hedge, bush or other vegetation, other than agricultural crops, the top of which exceed 1 m (3.28 ft.) in height above the elevation of the centrelines of abutting streets. (iii) A parking area. (iv) A finished grade which exceeds the elevation of the centrelines of abutting streets by more than 0.5 m (1.65 ft.). (b) Railway Crossings and Sight Distances No obstruction to the vision of motor vehicle operators higher than 1 m (3.28 ft.) above grade including, but not limited to, buildings, structures, parking spaces, storage, vegetation or planting strips is permitted on any lot abutting an at-grade intersection of a street or private road and: (i) a railway track where automatic signal protection is provided within the triangle formed by connecting to a point 3 m (9.84 ft.) from the intersection of the centerline of the street and the centerline of the railway right-of-way; or (ii) a railway track where automatic signal protection is not provided within the triangle formed by connecting to a point 45 m (147.64 ft.) from the intersection of the centerline of the street and the centerline of the railway right-of-way. For the purposes of this Section, an agricultural crop, chain link fence or other similar feature that can be seen through is not an obstruction. 4.28 Signs Unless otherwise states in this By-law, signs shall be permitted in accordance with any applicable by-laws of the Corporation of the Township of Larder Lake. Township of Larder Lake Zoning By-law - June 25, 2013 4-26 Figure 4-2 - Illustration of Rail Sight Triangles for the application of Subsections 4.27(b) (i) and 4.27(b) (ii) 4.29 Special Setbacks and Separation Distances (a) Provincial Highway Notwithstanding anything else to the contrary in this By-law, all buildings and structures in all zones of this By-law shall be setback from the right-of-way of a provincial highway a distance of 14 m (45.9 ft.) for commercial uses and 8 m (26.2 ft.) for residential uses, or as otherwise prescribed by the Ontario Ministry of Transportation. (b) Water Bodies and Watercourses (i) All habitable buildings and structures (dwellings, sleep cabins, garden suites, recreational vehicle, etc.), non-residential buildings, on-site sewage disposal systems, detached garages, sheds and storage buildings shall be setback a minimum of 30 m (98.4 ft.) from the high water mark of any water body or watercourse. (ii) Shoreline structures (not including boat houses, boat ports, float plane hangars, docks or wharfs) shall be setback a minimum of 15 m (49.2 ft.) from the high water mark of any water body or watercourse. (iii) There shall be no setback from the high water mark of any water body or watercourse for boat houses, boat ports, float plane hangars, docks, wharfs or similar structures associated with the shoreline. All other setback requirements of Section 4.1.1 of this By-law shall apply. (iv) The setbacks required by paragraphs (b) (i), (b) (ii) and (b) (iii) shall be measured as the shortest horizontal distance from the nearest part of the Township of Larder Lake Zoning By-law - June 25, 2013 4-27 building or structure or the edge of the filter bed/tile bed/leaching bed of a sewage disposal system to the high water mark of the water body or watercourse. (c) Agricultural Uses (i) Any new livestock facility or manure or material storage shall comply with the Minimum Distance Separation Formulae II as amended by the Province from time to time, where applicable. (ii) Any new sensitive land use located on a lot greater than 1 ha (2.47 ac) shall comply with the Minimum Distance Separation Formulae I as amended by the Province from time to time, where applicable. The Minimum Distance Separation Formulae I shall not apply to lots located within the Larder Lake Urban Settlement Area Boundary. (iii) A recreational vehicle where one (1) or more persons are able to sleep and prepare and serve meals within the vehicle shall be considered a dwelling for the purposes of the Minimum Distance Separation Formulae I and II. (iv) Nothing in this By-law shall prevent the reconstruction of any sensitive land use that does not comply with the Minimum Distance Separation Formulae I which is unintentionally damaged by fire or other natural cause, provided the height and bulk are not increased, the new building or structure is located no closer to a livestock facility than prior to the catastrophe, and provided that reconstruction is commenced within two (2) years from the date of destruction. The reconstruction of any non-conforming or non-complying building which is unintentionally damaged by fire or other natural cause shall be encouraged to occur on lands that meet the requirements of the Minimum Distance Separation Formulae I and all other requirements of this By-law. (v) The reconstruction of any non-conforming sensitive land use initiated by the owner of the non-conforming sensitive land use shall comply with all provisions of the Minimum Distance Separation Formulae I and all other requirements of this By-law. (d) Industrial Uses (i) The minimum separation distance between a sensitive land use and a Class I Industrial Use shall be 20 m (65.62 ft.) and shall be measured from the nearest lot line of the sensitive land use to nearest lot line of the Class I Industrial Use, or vice versa. (ii) The minimum separation distance between a sensitive land use and a Class II Industrial Use shall be 70 m (229.7 ft.) and shall be measured from the nearest lot line of the sensitive land use to nearest lot line of the Class II Industrial Use, or vice versa. Township of Larder Lake Zoning By-law - June 25, 2013 4-28 (iii) The minimum separation distance between a sensitive land use and a Class III Industrial Use shall be 300 m (984.3 ft.) and shall be measured from the nearest lot line of the sensitive land use to nearest lot line of the Class III Industrial Use, or vice versa. (iv) Paragraphs (i) to (iii) shall not apply to prevent the use of land and the erection of buildings and structures on lots of record in existence on the date of passing of this By-law; however, any expansion of an industrial use shall comply with the separation distances. (e) Waste Management Facilities (i) No sensitive land uses shall be erected within 500 m (1,640.4 ft.) of a waste management facility. (ii) No use of land shall be permitted within 30 m (98.4 ft.) of the fill area of an operating or closed waste management facility unless the use directly associated with the waste management facility. (f) Sewage Lagoon No land shall be used for a sensitive land use and no building or structure shall be erected for a sensitive land use less than 400 m (1,312.34 ft.) of a sewage lagoon. (g) Rail Lines No buildings or structure for a sensitive land use (e.g. dwelling, day nursery, etc.) shall be erected within 75 m (246.06 ft.) of the right-of-way of a rail line. (h) Pits and Quarries (i) No land shall be used for a sensitive land use and no building or structure shall be erected for a sensitive land use less than 300 m (984.25 ft.) of an aggregate pit. (ii) No land shall be used for a sensitive land use and no building or structure shall be erected for a sensitive land use less than 1,000 m (3,280.84 ft.) of a quarry. (iii) No sensitive land use (e.g. dwelling, day nursery, etc.) shall be erected within 500 m (1,640.4 ft.) of lands zoned Mineral Aggregate Resource (MX) Zone. (i) Mine Hazards (i) Lands identified as having a known mine hazard or within 1,000 m (3,280.84 ft.) of a known mine hazard shall not be used unless the mine hazard has been rehabilitated or measures taken to mitigate known or suspected hazards or it is Township of Larder Lake Zoning By-law - June 25, 2013 4-29 demonstrated that no hazard to public health and safety exists. Any required remediation or rehabilitation or mitigation measures shall be undertaken using acceptable engineering practices and where applicable, complies with the requirements of the Mining Act. (ii) The provisions for addressing a mine hazard as set out in this section shall not be deemed to limit the Municipality's authority to impose other measures through the site plan control process under Section 41 of the Planning Act. (j) Group Homes and Crisis Care Facilities (i) Where group homes and crisis care facilities are permitted in this By-law, such group home or crisis care facility shall be approved and/or licensed under Provincial statutes and shall be in compliance with any applicable municipal by- laws. Group homes and crisis care facilities shall be permitted in the Larder Lake Urban Settlement Area Boundary. 4.30 Streets, Paths and Parks (a) Notwithstanding the list of permitted uses in each zone established by this By-law, parks, recreational paths, walkways, streets, lanes, highways, monuments and heritage sites are permitted in all zones of this By-law. (b) Uses listed in paragraph (a) shall not be subject to the lot area or lot frontage of the zone in which such use is located. (c) All buildings and structures erected as part of a use listed in paragraph (a) shall comply with all zone requirements of the zone in which such buildings or structures are located except the lot area and lot frontage. 4.31 Temporary Construction Uses Permitted (a) Nothing in this By-law shall prevent the use of land or the use or erection of a temporary building or structure or a scaffold or other equipment essential to the construction in progress for which a building permit has been granted, but only until such time as the work has been finished or abandoned or such equipment is no longer required. (b) In addition, temporary accommodation for a business which is intended to occupy a building which is under construction with the work in progress on such building, may be temporarily permitted on the same lot in the form of a mobile, relocateable, portable or transportable building provided: (i) approval is obtained pursuant to the matters contained herein; (ii) such temporary accommodation is removed from the lot immediately Township of Larder Lake Zoning By-law - June 25, 2013 4-30 upon completion of construction, abandonment of construction or at such time as in the opinion of the municipality it is no longer required. 4.32 Water Supply and Sewage Disposal (a) In the Larder Lake Urban Settlement Area Boundary, no person shall hereafter erect and use in whole or in part any building or structure unless the said building or structure is serviced with full municipal services. (b) For lands outside of the Larder Lake Urban Settlement Area Boundary, no person shall hereafter erect and use in whole or in part any building or structure unless the building or structure is properly connected to an approved water supply and a sewage disposal system under the Ontario Water Resources Act or the Building Code Act unless the use is exempted under the Building Code Act. (c) Partial Services Where a zone symbol is followed by a dash and the symbol 'p' (e.g. 'R3-p'), the lands so designated shall be subject to all of the provisions of the zone represented by the symbol contained in the prefix. The suffix '-p' provides provision that such lands may be used where serviced by partial services in the form of municipal water services and individual on-site sewage services. The carter Crescent subdivision may be serviced by partial services for water. Township of Larder Lake Zoning By-law -June 25, 2013 5-1 Section 5 ZONES 5.1 Zone Classification For the purposes of this By-law, the Township of Larder Lake is divided into the following zones as named and described in the following sections, the boundaries of which are shown on the attached Zoning Schedule and which forms part of this By-law. 5.2 Zones Zone Symbol Low Density Residential Zone R1 Medium Density Residential Zone R2 High Density Residential Zone R3 Rural Recreational Residential Zone R4 Townsite Centre Zone TC Highway Commercial Zone HC Recreational Commercial Zone RC Industrial Zone M Extractive Industrial Zone MX Institutional Zone I Open Space Zone OS Environmental Protection Zone EP Natural Resources Zone NR Mineral Mining Zone MM 5.3 Interpretation of Zone Boundaries (a) When determining the boundary of any zone as shown on any Schedule forming part of this By-law, the following provisions shall apply: (i) A boundary indicated as following a highway, street or lane shall be the centre line of such highway, street or lane; (ii) A boundary indicated as following a watercourse, creek, stream or the right-of- way of a railway or an electrical, gas or oil transmission line shall be the centre line of such watercourse, creek, stream or right-of-way; (iii) A boundary indicated as following the high water mark shall follow such shoreline, and in the event of a change in the high water mark, the boundary shall be construed as moving with the actual high water mark; Township of Larder Lake Zoning By-law -June 25, 2013 5-2 (iv) A boundary indicated as approximately following lot lines shown on a Registered Plan of Subdivision, or Reference Plan, or Township lot lines shall follow such lot lines; (v) Where a boundary is indicated as approximately parallel to a street line or other feature, indicated in paragraphs (i), (ii), and (iii) above, and the distance from such street line or other feature is not indicated, and paragraph (iv) above is not applicable, such boundary shall be construed as being parallel to such street line or other feature, and the distance therefrom shall be determined according to the scale shown on the appropriate Schedule; (vi) A boundary indicated as following the limits of the Municipality shall follow such limits. (vii) In the event a dedicated street, lane or right-of-way shown on any Schedule forming part of this By-law is closed, the property formerly in such street, lane or right-of-way shall be included within the zone of the adjoining property on either side of such closed street, lane or right-of-way. If a closed street, lane or right-of- way is the boundary between two or more different zones the new zone boundaries shall be the former centre line of the closed street, lane or right-of-way. 5.4 Use of Zone Symbols The Symbols listed in Section 5.2 shall be used to refer to land, buildings and structures and the uses thereof permitted by this By-law in the said zones, and wherever in this By-law the word 'zone' is used, preceded by any of the said symbols, such zones shall mean any area within the Township of Larder Lake delineated on the attached Zoning Schedule and designated therein by the said symbol. (a) Exception Zones Where the zone symbol designating certain lands is shown on the Zoning Schedule followed by a dash and a number (e.g. M-1), the special exception may be found in the By-law which deals with the particular zone. Lands zoned as such shall be subject to all regulations and requirements of the zone except as otherwise provided by the special exception provisions. (b) Holding Provisions Where a zone symbol on the Zoning Schedule is followed by the suffix "-h", the lands shall be deemed to be in a special Holding Zone. Lands in a Holding Zone may only be used for existing uses and shall be in accordance with the provisions of the applicable zone, not including Permitted Uses. The holding symbol may only be removed by a by- law passed by Council. (c) Well Head Protection Areas Township of Larder Lake Zoning By-law -June 25, 2013 5-3 Where a zone symbol on the Zoning Schedule is followed by the suffix "-w", those lands are part of a Well Head Protection Area. Uses permitted on those lands with the suffix "- w" shall be limited only to those existing uses, and the "-w" shall only be removed when the policies of the Official Plan of the Township of Larder Lake regarding Well Head Protection are satisfied. (d) Partial Services Where a zone symbol on the Zoning Schedule is followed by the suffix "-p", those lands are serviced with partial services, and Section 4.33(c) of this By-law shall apply. Township of Larder Lake Zoning By-law -June 25, 2013 5-4 5.5 LOW DENSITY RESIDENTIAL (R1) ZONE No person shall use any land or erect, alter or use any building or structure in the Low Density Residential (R1) Zone except in accordance with the provisions of this Section and of any other relevant Sections of this By-law. 5.5.1 Permitted Uses - Dwelling - Single Detached - Group Home (See Section 4.29(j)) - Public Use (See Section 4.26) - Accessory uses, buildings and structures to the foregoing permitted uses including Section 4.1 Accessory Uses, Section 4.2 Accessory Residential Uses, Section 4.4 Bed & Breakfast Establishment, and Section 4.15 Home Based Businesses) 5.5.2 Zone Requirements Single Detached Dwelling, Group Home Minimum Lot Area ........................................................................................ 600 m² (6,458.56 ft2) Minimum Lot Frontage .......................................................................................... 20 m (65.62 ft.) Minimum Yard Requirements - Main Building - Front Yard ......................................................................................... 4.5 m (14.76 ft.) - Rear Yard ............................................................................................. 6 m (19.69 ft.) - Interior Side Yard ................................................................................... 2 m (6.56 ft.) - Exterior Side Yard .................................................................................. 3 m (9.84 ft.) Maximum Building Height - Main Building..................................................................................... 12 m (39.37 ft.) - Accessory Building .............................................................................. 6 m (19.69 ft.) Maximum Lot Coverage - Main Building ....................................................................................................... 40% - Accessory Uses, Buildings and Structures ............................................................ 10% Maximum Number of Dwelling Units per Lot ............................................................................. 1 5.5.3 Additional Provisions (a) Despite the Maximum Number of Dwellings Units per Lot allowed in the Low Density Residential (R1) Zone, apartments-in-a-house shall be permitted in accordance with Section 4.2. Township of Larder Lake Zoning By-law -June 25, 2013 5-5 (b) Accessory uses, buildings and structures, accessory residential uses (garden suite, bed and breakfast establishments, fences, home based businesses), servicing, parking, street frontage, public uses, water supply and sewage disposal and other general provisions shall be in accordance with Section 4 of this By-law. 5.5.4 Exception Zones Township of Larder Lake Zoning By-law -June 25, 2013 5-6 5.6 MEDIUM DENSITY RESIDENTIAL (R2) ZONE No person shall use any land or erect, alter or use any building or structure in the Medium Density Residential (R2) Zone except in accordance with the provisions of this Section and of any other relevant Sections of this By-law. 5.6.1 Permitted Uses - Continuum-of-Care Facility - Dwelling - Duplex - Dwelling - Semi-detached - Dwelling - Row or Townhouse - Group Home (See Section 4.29(j)) - Public Use (See Section 4.26) - Retirement Home - Accessory uses, buildings and structures to the foregoing permitted uses including Section 4.1 Accessory Uses, Section 4.2 Accessory Residential Uses, and Section 4.15 Home Based Businesses) 5.6.2 Zone Requirements (a) Semi-detached Dwelling (where both dwelling units occupy the same lot), Duplex Dwelling Minimum Lot Area .................................................................... 600 m² (6,458.56 ft2) Minimum Lot Frontage ...................................................................... 20 m (65.62 ft.) Minimum Yard Requirements - Main Building - Front Yard ............................................................................... 4.5 m (14.76 ft.) - Rear Yard ................................................................................... 6 m (19.69 ft.) - Interior Side Yard ......................................................................... 2 m (6.56 ft.) - Exterior Side Yard ........................................................................ 3 m (9.84 ft.) Maximum Building Height - Main Building........................................................................... 12 m (39.37 ft.) - Accessory Building .................................................................... 6 m (19.69 ft.) Maximum Lot Coverage - Main Building............................................................................................. 35% - Accessory Uses, Buildings and Structures ................................................. 10% Maximum Number of Dwelling Units per Lot ......................................................... 2 (b) Semi-detached Dwelling (where one dwelling unit occupies a lot) Township of Larder Lake Zoning By-law -June 25, 2013 5-7 Minimum Lot Area ........................................ 300 m² (3,229.17 ft2) per dwelling unit Minimum Lot Frontage ..........................................10 m (32.81 ft.) per dwelling unit Minimum Yard Requirements - Main Building - Front Yard ............................................................................... 4.5 m (14.76 ft.) - Rear Yard ................................................................................... 6 m (19.69 ft.) - Interior Side Yard ........................................ 2 m (6.56 ft.), or 0 m (0 ft.) where abutting another semi-detached dwelling unit - Exterior Side Yard ........................................................................ 3 m (9.84 ft.) Maximum Building Height - Main Building........................................................................... 12 m (39.37 ft.) - Accessory Building .................................................................... 6 m (19.69 ft.) Maximum Lot Coverage - Main Building............................................................................................. 35% - Accessory Uses, Buildings and Structures ................................................. 10% Maximum Number of Dwelling Units per Lot ......................................................... 1 (c) Row or Townhouse Dwelling (where only one row or townhouse dwelling unit occupies a lot) Minimum Lot Area ........................................ 300 m2 (3,229.28 ft2) per dwelling unit Minimum Lot Frontage ..........................................10 m (32.81 ft.) per dwelling unit Minimum Yard Requirements - Main Building - Front Yard .................................................................................. 4 m (13.12 ft.) - Rear Yard ................................................................................... 6 m (19.69 ft.) - Interior Side Yard ....................... 2 m (6.56 ft.), or 0 m (0 ft.) where abutting another row or townhouse dwelling unit - Exterior Side Yard ...................................................................... 4 m (13.12 ft.) Maximum Building Height - Main Building........................................................................... 12 m (39.37 ft.) - Accessory Building .................................................................... 6 m (19.68 ft.) Maximum Lot Coverage - Main Building............................................................................................. 35% - Accessory Use, Buildings and Structures..................................................... 5% Maximum Number of Dwelling Units per Lot ......................................................... 1 Minimum Landscaped Open Space ...................................................................... 20% Township of Larder Lake Zoning By-law -June 25, 2013 5-8 (d) Row or Townhouse Dwelling (where two or more row or townhouse dwelling units occupy a lot) Minimum Lot Area ........................................ 300 m2 (3,229.17 ft2) per dwelling unit Minimum Lot Frontage ..........................................10 m (32.81 ft.) per dwelling unit Minimum Yard Requirements - Main Building - Front Yard .................................................................................. 4 m (13.12 ft.) - Rear Yard ................................................................................... 6 m (19.69 ft.) - Interior Side Yard ...................................................................... 2 m (6.56 ft.) - Exterior Side Yard ...................................................................... 4 m (13.12 ft.) Maximum Building Height - Main Building........................................................................... 12 m (39.37 ft.) - Accessory Building .................................................................... 6 m (19.68 ft.) Maximum Lot Coverage - Main Building............................................................................................. 35% - Accessory Use, Buildings and Structures..................................................... 5% Minimum Landscaped Open Space ...................................................................... 20% (e) Continuum-of-Care Facility, Retirement Home Minimum Lot Area .................................................................... 800 m2 (8,611.41 ft2) Minimum Lot Frontage ...................................................................... 25 m (82.02 ft.) Minimum Yard Requirements - Main Building - Front Yard .................................................................................. 6 m (19.69 ft.) - Rear Yard ................................................................................... 7 m (22.97 ft.) - Interior Side Yard ....................................................................... 6 m (19.69 ft.) - Exterior Side Yard ...................................................................... 7 m (22.97 ft.) Maximum Building Height - Main Building....................................................................... 12 m (39.37 ft.) or 3 storeys, whichever is lesser - Accessory Building .................................................................... 8 m (26.25 ft.) Maximum Lot Coverage - Main Building............................................................................................. 40% - Accessory Use, Buildings and Structures..................................................... 5% Minimum Landscaped Open Space ...................................................................... 25% Township of Larder Lake Zoning By-law -June 25, 2013 5-9 5.6.3 Additional Provisions (a) Accessory uses, buildings and structures, accessory residential uses, fences, home based businesses, parking, public uses, street frontage, water supply and sewage disposal and other general provisions shall be in accordance with Section 4 of this By-law. 5.6.4 Exception Zones Township of Larder Lake Zoning By-law -June 25, 2013 5-10 5.7 HIGH DENSITY RESIDENTIAL (R3) ZONE No person shall use any land or erect, alter or use any building or structure in the High Density Residential (R3) Zone except in accordance with the provisions of this Section and of any other relevant Sections of this By-law. 5.7.1 Permitted Uses - Dwelling - Apartment - Dwelling - Triplex - Public Use (See Section 4.26) - Accessory uses, buildings and structures to the foregoing permitted uses including Section 4.1 Accessory Uses, Section 4.2 Accessory Residential Uses, Section 4.4 Bed & Breakfast Establishment, and Section 4.15 Home Based Businesses) 5.7.2 Zone Requirements (a) Apartment Dwelling Minimum Lot Area (3 or less dwelling units) ........................... 800 m2 (8,611.41 ft2) Minimum Lot Area (4 or more dwelling units) ...................... 800 m2 (8,611.41 ft2) + 200 m2 (2,152.78 ft2) per dwelling unit over 3 Minimum Lot Frontage ...................................................................... 25 m (82.02 ft.) Minimum Yard Requirements - Main Building - Front Yard .................................................................................. 6 m (19.69 ft.) - Rear Yard ................................................................................... 7 m (22.97 ft.) - Interior Side Yard ....................................................................... 6 m (19.69 ft.) - Exterior Side Yard ...................................................................... 7 m (22.97 ft.) Maximum Building Height - Main Building....................................................................... 12 m (39.37 ft.) or 3 storeys, whichever is lesser - Accessory Building .................................................................... 8 m (26.25 ft.) Maximum Lot Coverage - Main Building............................................................................................. 40% - Accessory Use, Buildings and Structures..................................................... 5% Minimum Landscaped Open Space ...................................................................... 25% (b) Triplex Dwelling Minimum Lot Area .................................................................... 600 m2 (6,458.56 ft2) Township of Larder Lake Zoning By-law -June 25, 2013 5-11 Minimum Lot Frontage ...................................................................... 20 m (65.62 ft.) Minimum Yard Requirements - Main Building - Front Yard ............................................................................... 4.5 m (14.76 ft.) - Rear Yard ................................................................................... 6 m (19.69 ft.) - Interior Side Yard ......................................................................... 3 m (9.84 ft.) - Exterior Side Yard ................................................................... 4.5 m (14.76 ft.) Maximum Building Height - Main Building.......................................................................12 m (39.37 ft.) or 3 storeys, whichever is lesser - Accessory Building .................................................................... 8 m (26.25 ft.) Maximum Lot Coverage - Main Building............................................................................................. 35% - Accessory Use, Buildings and Structures..................................................... 5% Maximum Number of Dwelling Units per Lot ......................................................... 3 Minimum Landscaped Open Space ...................................................................... 20% 5.7.3 Additional Provisions (a) Accessory uses, buildings and structures, accessory residential uses, (bed and breakfast establishments, camps, fences, flood plain, home based businesses), natural vegetation buffer, special setbacks, parking, street frontage, water supply and sewage disposal and other general provisions shall be in accordance with Section 4 of this By-law. 5.7.4 Exception Zones Township of Larder Lake Zoning By-law -June 25, 2013 5-12 5.8 RURAL RECREATIONAL RESIDENTIAL (R4) ZONE No person shall use any land or erect, alter or use any building or structure in the Rural Recreational Residential (R4) Zone except in accordance with the provisions of this Section and of any other relevant Sections of this By-law. 5.8.1 Permitted Uses - Dwelling - Seasonal - Dwelling - Single Detached - Public Use (See Section 4.26) - Accessory uses, buildings and structures to the foregoing permitted uses including Section 4.1 Accessory Uses, Section 4.2 Accessory Residential Uses, Section 4.4 Bed & Breakfast Establishment, and Section 4.15 Home Based Businesses) 5.8.2 Zone Requirements Minimum Lot Area ....................................................................................... 0.8 ha (1.98 ac) Minimum Lot Frontage .............................................................................. 60 m (196.85 ft.) Minimum Yard Requirements - Main Building - All Yards ............................................................................................ 10 m (32.81 ft.) Maximum Building Height - Main Building..................................................................................... 12 m (39.37 ft.) - Accessory Building .............................................................................. 6 m (19.69 ft.) Maximum Lot Coverage - Main Building......................................................................................................... 5% - Accessory Uses, Buildings and Structures ............................................................. 2% Maximum Number of Dwelling Units per Lot ................................................................... 1 5.8.3 Additional Provisions (a) Accessory uses, buildings and structures, accessory residential uses, (bed and breakfast establishments, camps, fences, flood plain, home based businesses), natural vegetation buffer, special setbacks, parking, street frontage, water supply and sewage disposal and other general provisions shall be in accordance with Section 4 of this By-law. 5.8.4 Exception Zones Township of Larder Lake Zoning By-law -June 25, 2013 5-13 5.9 TOWNSITE CENTRE (TC) ZONE No person shall use any land or erect, alter or use any building or structure in the Townsite Centre (TC) Zone except in accordance with the provisions of this Section and of any other relevant Sections of this By-law. 5.9.1 Permitted Uses - Dwelling units above ground floor commercial - Art Gallery - Bake Shop - Bank - Clinic - Convenience Store - Day Nursery - Drive-through Facility (See Section 4.9) - Dwelling, Apartment - Dwelling, Duplex - Dwelling, Semi-detached - Dwelling, Single Detached - Dwelling, Triplex - Funeral Home - Office - Hotel - Laundromat - Library - Museum - Parking Lot - Commercial - Personal Service Establishment - Place of Assembly - Place of Amusement - Post Office - Private Club - Public Use (See Section 4.26) - Restaurant - Retail Store - Retirement Home - Service Outlet - Studio - Tavern - Theatre - Veterinary Establishment - Video Rental Outlet - Accessory uses, buildings and structures to the foregoing permitted uses (See Section 4.1 Accessory Uses, Section 4.2 Accessory Residential Uses) 5.9.2 Zone Requirements Minimum Lot Area .............................................................................. 300 m2 (3,229.17 ft2) Minimum Lot Frontage ................................................................................ 10 m (32.81 ft.) Minimum Yard Requirements - Main Building - Rear Yard ............................................................................................. 6 m (19.69 ft.) - Exterior Side Yard .................................................................................. 1 m (3.28 ft.) Maximum Building Height Township of Larder Lake Zoning By-law -June 25, 2013 5-14 - Main Building.................................................................................12 m (39.37 ft.) or 3 storeys, whichever is lesser - Accessory Building .............................................................................. 8 m (26.25 ft.) Maximum Lot Coverage - Main Building....................................................................................................... 80% - Accessory Use, Buildings and Structures............................................................... 5% Maximum Number of Dwelling Units per Lot ................................................................... 8 5.9.3 Additional Provisions (a) Accessory uses, buildings and structures, accessory residential uses, drive- through facilities, fences, loading, open storage, parking, public uses, street frontage, water supply and sewage disposal and other general provisions shall be in accordance with Section 4 of this By-law. 5.9.3 Additional Provisions Township of Larder Lake Zoning By-law -June 25, 2013 5-15 5.10 HIGHWAY COMMERCIAL (HC) ZONE No person shall use any land or erect, alter or use any building or structure in the Highway Commercial (HC) Zone except in accordance with the provisions of this Section and of any other relevant Sections of this By-law. 5.10.1 Permitted Uses - Ambulance Facility - Auto Body Shop - Auto Repair Garage - Automobile Service Station (See Section 4.3) - Automotive Sales Establishment - Building Supply Store - Car Wash - Clinic - Drive-through Facility (See Section 4.9) - Equipment Rental Establishment - Farmer's Market - Flea Market - Funeral Home - Garden Centre - Gasoline Bar (See Section 4.3) - Greenhouse - Hotel - Lumber Yard - Motel - Nursery - Parking Lot - Commercial - Place of Assembly - Place of Worship - Printing and Publishing Establishment - Private Club - Public Use (See Section 4.26) - Recreational Vehicle Sales and Storage - Restaurant - Retail Store - Self-Storage Facility - Service Outlet - Studio - Tavern - Theatre - Transportation Depot - Veterinary Establishment - Welding Shop - Workshop - Accessory uses, buildings and structures to the foregoing permitted uses including an accessory dwelling (See Section 5.10.3 (a), also Section 4.1 Accessory Uses) 5.10.2 Zone Requirements Minimum Lot Area .............................................................................. 900 m2 (9,687.52 ft2) Minimum Lot Frontage .................................................................................. 30 m (98.4 ft.) Minimum Yard Requirements - Main Building - Front Yard ......................................................................................... 4.5 m (14.76 ft.) - Rear Yard ............................................................................................. 6 m (19.69 ft.) - Interior Side Yard .............................................................................. 4.5 m (14.76 ft.) Township of Larder Lake Zoning By-law -June 25, 2013 5-16 - Exterior Side Yard .................................................................................. 5 m (16.4 ft.) Maximum Building Height - Main Building..................................................................................... 12 m (39.37 ft.) - Accessory Building .............................................................................. 8 m (26.25 ft.) Maximum Lot Coverage - Main Building....................................................................................................... 55% - Accessory Use, Buildings and Structures............................................................. 10% Maximum Number of Dwelling Units per Lot ................................................................... 1 Minimum Landscaped Open Space ................................................................................ 25% 5.10.3 Additional Provisions (a) One (1) dwelling unit shall be permitted as an accessory dwelling to a commercial use provided: (i) the dwelling unit is included in and forms a subordinate part of the building containing the main use, unless the main use is a place of worship, flea market, garden centre, lumber yard, self-storage facility or transportation depot, in which case such dwelling unit may be located in a separate building; (ii) the dwelling unit has a minimum floor area of 60 m2 (645.8 ft2) and does not represent more than 33% of the total floor area of the total combined area of the dwelling unit and the main use; and (iii) the dwelling unit is not an accessory use to an automotive service station, auto body shop, auto repair garage, gasoline bar or commercial parking lot. (b) Accessory uses, buildings and structures, automobile uses, drive-through facilities, fences, loading, open storage, parking, public uses, special setbacks, streets and parks, street frontage, water supply and sewage disposal and other general provisions shall be in accordance with Section 4 of this By-law. 5.10.4 Exception Zones Township of Larder Lake Zoning By-law -June 25, 2013 5-17 5.11 RECREATIONAL COMMERCIAL (RC) ZONE No person shall use any land or erect, alter or use any building or structure in the Recreational Commercial (RC) Zone except in accordance with the provisions of this Section and of any other relevant Sections of this By-law. 5.11.1 Permitted Uses - Campground - Equestrian Establishment - Marina - Miniature Golf Course - Public Use (See Section 4.26) - Tourist Cabin Establishment - Tourist Outfitters Establishment - Accessory uses, buildings and structures to the foregoing permitted uses including an accessory dwelling (See Section 5.11.3 and Section 4.1 Accessory Uses) 5.11.2 Zone Requirements (a) Campground Minimum Lot Area ............................................................................ 1 ha (2.47 ac) Minimum Lot Frontage ................................................................ 60 m (196.85 ft.) Minimum Yard Requirements - Main Building and Campsites - Front Yard ............................................................................ 10 m (32.81 ft.) - Rear Yard ............................................................................. 10 m (32.81 ft.) - Interior Side Yard Where interior side yard abuts a residential or Institutional (I) Zone ................................................ 10 m (32.81 ft.) All other Cases ................................................................... 5 m (14.76 ft.) - Exterior Side Yard ................................................................ 10 m (32.81 ft.) Maximum Building Height - Main Building....................................................................... 12 m (39.37 ft.) - Accessory Building ................................................................ 8 m (26.25 ft.) Maximum Lot Coverage - Main Building......................................................................................... 10% - Accessory Use, Buildings and Structures................................................. 5% Maximum Number of Dwelling Units per Lot ..................................................... 1 Township of Larder Lake Zoning By-law -June 25, 2013 5-18 Minimum Landscaped Open Space .................................................................. 20% (b) All Other Uses Minimum Lot Area ......................................................................... 0.8 ha (1.98 ac) Minimum Lot Frontage ................................................................ 60 m (196.85 ft.) Minimum Yard Requirements - Main Building - Front Yard ............................................................................ 10 m (32.81 ft.) - Rear Yard ............................................................................. 10 m (32.81 ft.) - Interior Side Yard Where interior side yard abuts a residential or Institutional (I) Zone ............................................... 7.5 m (24.61 ft.) All other Cases ................................................................... 5 m (14.76 ft.) - Exterior Side Yard ................................................................ 10 m (32.81 ft.) Maximum Building Height - Main Building....................................................................... 12 m (39.37 ft.) - Accessory Building ................................................................ 8 m (26.25 ft.) Maximum Lot Coverage - Main Building........................................................................................... 5% - Accessory Use, Buildings and Structures................................................. 2% Maximum Number of Dwelling Units per Lot ..................................................... 1 Minimum Landscaped Open Space .................................................................. 20% 5.11.3 Additional Provisions (a) Accessory Residential Use One (1) dwelling unit shall be permitted as an accessory use to a permitted main use in the Recreational Commercial (RC) Zone. Such dwelling unit may be a single detached dwelling or it may be part of another building on the lot. Where the dwelling unit is part of another building, it shall not occupy more than 50% of such building. (b) Accessory uses, buildings and structures, fences, flood plain, open storage, parking, special setbacks, streets and parks, water supply and sewage disposal, street frontage and other general provisions shall be in accordance with Section 4 of this By-law. 5.11.4 Exception Zones Township of Larder Lake Zoning By-law -June 25, 2013 5-19 5.12 INDUSTRIAL (M) ZONE No person shall use any land or erect, alter or use any building or structure in the Industrial (M) Zone except in accordance with the provisions of this Section and of any other relevant Sections of this By-law. 5.12.1 Permitted Uses - Class I Industry (Light Industrial Uses) (See Section 4.29(d)) - Class II Industry (Medium Industrial Uses) (See Section 4.29(d)) - Class III Industry (Heavy Industrial Uses) (See Section 4.29(d)) - Construction Yard or Contractor's Yard - Forest Products Processing Facility - Lumber Yard - Parking Lot - Commercial - Portable Asphalt/Concrete Plant - Public Use (See Section 4.26) - Self-Storage Facility - Transportation Depot - Warehouse - Welding Shop - Workshop - Accessory uses, buildings and structures to the foregoing permitted uses (See Section 4.1 Accessory Uses) 5.12.2 Zone Requirements Minimum Lot Area ................................................................................... 0.4 ha (0.99 ac) Minimum Lot Frontage .......................................................................... 45 m (147.64 ft.) Minimum Yard Requirements - Main Building - Front Yard ........................................................................................ 6 m (19.69 ft.) - Rear Yard ......................................................................................... 6 m (19.69 ft.) - Interior Side Yard ............................................................................... 5 m (16.4 ft.) - Exterior Side Yard ............................................................................ 6 m (19.69 ft.) Maximum Building Height - Main Building................................................................................. 12 m (39.37 ft.) - Accessory Building .......................................................................... 8 m (26.25 ft.) Maximum Lot Coverage - Main Building................................................................................................... 35% - Accessory Use, Buildings and Structures......................................................... 10% Township of Larder Lake Zoning By-law -June 25, 2013 5-20 Minimum Landscaped Open Space ............................................................................ 20% 5.12.3 Additional Provisions (a) Accessory uses, buildings and structures, fences, special separation distances (4.26 (d)), loading, parking, street frontage, water supply and sewage disposal and other general provisions shall be in accordance with Section 4 of this By- law. 5.12.4 Exception Zones (a) Industrial Exception 1 (M-1) Zone: Waste Management Facility Notwithstanding anything in this By-law to the contrary, a waste management facility shall be the only use of lands permitted in the Industrial Exception 1 (M- 1) Zone. (b) Industrial Exception 2 (M-2) Zone: Sewage Lagoon Notwithstanding anything in this By-law to the contrary, a municipal sewage lagoon shall be the only use of lands permitted in the Industrial Exception 2 (M- 2) Zone. Township of Larder Lake Zoning By-law -June 25, 2013 5-21 5.13 EXTRACTIVE INDUSTRIAL (MX) ZONE No person shall use any land or erect, alter or use any building or structure in the Extractive Industrial (MX) Zone except in accordance with the provisions of this Section and of any other relevant Sections of this By-law. 5.13.1 Permitted Uses - Pit - Public Use (See Section 4.26) - Quarry - Wayside Pit - Wayside Quarry - Accessory uses, buildings and structures to the foregoing permitted uses (See Section 4.1 Accessory Uses) 5.13.2 Zone Requirements All Buildings and Structures All Yards ........................................................................................ 10 m (32.81 ft.) 5.13.3 Additional Provisions (a) Accessory uses, buildings and structures, fences, special separation distances (4.29 (h) - pits and Quarries, parking, street frontage and other general provisions shall be in accordance with Section 4 of this By-law. 5.13.4 Exception Zones Township of Larder Lake Zoning By-law -June 25, 2013 5-22 5.14 INSTITUTIONAL (I) ZONE No person shall use any land or erect, alter or use any building or structure in the Institutional (I) Zone except in accordance with the provisions of this Section and of any other relevant Sections of this By-law. 5.14.1 Permitted Uses - Community Centre - Crisis Care Facility (See Section 4.29(j)) - Fire Station - Library - Municipal Office - Museum - Place of Worship - Place of Assembly - Public Use (See Section 4.26) - School - Accessory uses, buildings and structures to the foregoing permitted uses (See Section 4.1 Accessory Uses) 5.14.2 Zone Requirements (a) School, Community Centre Minimum Lot Area ........................................................... 1,000 m² (10,763.91 ft2) Minimum Lot Frontage .................................................................. 30 m (98.43 ft.) Minimum Yard Requirements - Main Building - Front Yard ................................................................................ 5 m (16.4 ft.) - Rear Yard ............................................................................. 10 m (19.69 ft.) - Interior Side Yard ..................................................................... 5 m (16.4 ft.) - Exterior Side Yard .................................................................... 5 m (16.4 ft.) Maximum Building Height - Main Building....................................................................... 12 m (39.37 ft.) - Accessory Building ................................................................ 8 m (26.25 ft.) Maximum Lot Coverage - Main Building......................................................................................... 40% - Accessory Uses, Buildings and Structures ............................................. 10% Minimum Landscaped Open Space .................................................................. 20% Township of Larder Lake Zoning By-law -June 25, 2013 5-23 (b) All Other Uses Minimum Lot Area ................................................................ 600 m² (6,458.56 ft2) Minimum Lot Frontage .................................................................. 20 m (65.62 ft.) Minimum Yard Requirements - Main Building - Front Yard ........................................................................... 4.5 m (14.76 ft.) - Rear Yard ............................................................................... 6 m (19.69 ft.) - Interior Side Yard ................................................................... 4 m (13.12 ft.) - Exterior Side Yard ............................................................... 4.5 m (14.76 ft.) Maximum Building Height - Main Building....................................................................... 12 m (39.37 ft.) - Accessory Building ................................................................ 8 m (26.25 ft.) Maximum Lot Coverage - Main Building......................................................................................... 35% - Accessory Uses, Buildings and Structures ............................................. 10% Minimum Landscaped Open Space .................................................................. 20% 5.14.3 Additional Provisions (a) Accessory uses, buildings and structures, fences, loading, parking, street frontage, water supply and sewage disposal and other general provisions shall be in accordance with Section 4 of this By-law. 5.14.4 Exception Zones Township of Larder Lake Zoning By-law -June 25, 2013 5-24 5.15 OPEN SPACE (OS) ZONE No person shall use any land or erect, alter or use any building or structure in the Open Space (OS) Zone except in accordance with the provisions of this Section and of any other relevant Sections of this By-law. 5.15.1 Permitted Uses - Cemetery - Golf Course - Marina - Park - Public Use (See Section 4.26) - Accessory uses, buildings and structures to the foregoing permitted uses (See Section 4.1 Accessory Uses) 5.15.2 Zone Requirements Minimum Yard Requirements - All Buildings - All Yards ............................................................................................ 5 m (16.4 ft.) All Buildings and Structures - Maximum Height ........................................................................... 12 m (39.37 ft.) - Maximum Lot Coverage .................................................................................. 10% Minimum Landscaped Open Space ............................................................................ 75% 5.15.3 Additional Provisions (a) Accessory uses, buildings and structures, fences, parking, street frontage, water supply and sewage disposal and other general provisions shall be in accordance with Section 4 of this By-law. 5.15.4 Exception Zones Township of Larder Lake Zoning By-law -June 25, 2013 5-25 5.16 ENVIRONMENTAL PROTECTION (EP) ZONE 5.16.1 Permitted Uses - Conservation Use - Public Use (See Section 4.26) - Accessory uses, buildings and structures to the foregoing permitted uses (See Section 4.1) 5.16.2 Zone Requirements 5.16.3 Additional Provisions (a) No buildings or structures of any kind shall be erected in the Environmental Protection (EP) Zone. 5.16.4 Exception Zones Township of Larder Lake Zoning By-law -June 25, 2013 5-26 5.17 NATURAL RESOURCES (NR) ZONE 5.17.1 Permitted Uses - Agricultural Use - Camp (See Section 4.6) - Conservation Use - Forestry - Mineral Exploration - Existing Residential Uses - Sawmill - Existing Tourist Commercial Establishments - Accessory uses, buildings and structures to the foregoing permitted uses (See Section 4.1Accessory Uses, Section 4.2 Accessory Residential Uses, Section 4.15 Home Based Businesses) 5.17.2 Zone Requirements (a) Camps Minimum Lot Area .......................................................................... 5 ha (12.35 ac) Minimum Yard Requirements - All Yards ............................................................................ 15 m (161.42 ft.) (b) Agricultural Use, Sawmill Minimum Lot Area ............................................................................ 1 ha (2.47 ac) Minimum Lot Frontage ................................................................ 60 m (196.85 ft.) Minimum Yard Requirements - Main Building - Front Yard ............................................................................ 10 m (32.81 ft.) - Rear Yard ............................................................................. 15 m (49.21 ft.) - Interior Side Yard ................................................................. 15 m (32.81 ft.) - Exterior Side Yard ................................................................ 15 m (49.21 ft.) Maximum Building Height - Main Building....................................................................... 12 m (39.37 ft.) - Accessory Building ................................................................ 8 m (26.25 ft.) Maximum Lot Coverage - Main Building........................................................................................... 5% - Accessory Uses, Buildings and Structures ............................................... 2% Maximum Number of Dwelling Units per Lot ..................................................... 1 Township of Larder Lake Zoning By-law -June 25, 2013 5-27 (c) All Other Uses Minimum Yard Requirements - All Buildings - All Yards .................................................................................. 5 m (16.4 ft.) 5.17.3 Additional Provisions (a) Notwithstanding Section 5.17.2, reconstruction of existing residential uses in the Natural Resources (NR) Zone shall be subject to the zone requirements of Section 5.7 of this By-law (Recreational Residential (R4) Zone Requirements). (b) Notwithstanding Section 5.17.2, reconstruction of existing tourist commercial establishments in the Natural Resources (NR) Zone shall be subject to the zone requirements of Section 5.11 of this By-law (Recreational Commercial (RC) Zone Requirements). (c) A camp shall be permitted as the main use or as an accessory use of a lot in the Natural Resources (NR) Zone. (d) Accessory uses, buildings and structures, accessory residential uses, bed and breakfast establishment, fences, parking, street frontage, special separation distances, camp provisions, water supply and sewage disposal and other general provisions shall be in accordance with Section 4 of this By-law. 5.17.4 Exception Zones Township of Larder Lake Zoning By-law -June 25, 2013 5-28 5.18 MINERAL MINING (MM) ZONE No person shall use any land or erect, alter or use any building or structure in the Mineral Mining (MM) Zone except in accordance with the provisions of this Section and of any other relevant Sections of this By-law. 5.18.1 Permitted Uses - Agricultural Use - Conservation Use - Forestry - Mineral Exploration - Mineral Mining Operation - Public Use (See Section 4.26) - Accessory uses, buildings and structures to the foregoing permitted uses (See Section 4.1) 5.18.2 Zone Requirements All Buildings and Structures All Yards (means the setback on all sides)..................................... 10 m (32.81 ft.) 5.18.3 Additional Provisions (a) Accessory uses, buildings and structures, special separation distances (Section 4.29 (b) and (l), parking, street frontage and other general provisions shall be in accordance with Section 4 of this By-law. 5.18.4 Exception Zones