Loyalist Township Zoning By-law 2001-38 - Section 5 Zone provisions

Loyalist, Ontario · No. 2001-38 · summary & facts

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ZONE PROVISIONS SECTION 5 5.1 ZONE CLASSIFICATION All lands within The Corporation are divided into zones and classified as follows: Section Zone Symbol 5.2 Environmental Protection EP 5.3 Recreation / Open Space OS 5.4 Prime Agriculture PA 5.5 Restricted Agricultural RA 5.6 Rural RU 5.7 Estate Residential ER 5.8 Rural Residential RR 5.9 Shoreline Residential SR 5.10 Hamlet Residential HR 5.11 Residential Type 1 R1 5.12 Residential Type 2 R2 5.13 Residential Type 3 R3 5.14 Residential Type 4 R4 5.15 Residential Type 5 R5 5.16 Residential Type 6 R6 5.17 Community Facility CF 5.18 Institutional I 5.19 Hamlet Commercial C1 5.20 Highway Commercial C2 5.21 Rural Commercial C3 5.22 Shopping Centre Commercial C4 5.23 Village Commercial C5 5.24 Recreation Commercial C6 5.25 Light Industrial M1 5.26 Rural Industrial M2 5.27 General Industrial M3 5.28 Extractive Industrial M4 5.29 Waste Management M5 5.30 Future Development D ZONE PROVISIONS SECTION 5 Loyalist Township 5-2 5.2 ENVIRONMENTAL PROTECTION (EP) ZONE No person shall within any Environmental Protection (EP) Zone use any lot or erect, alter or use any building or structure except as specified hereunder: 5.2.1 USES PERMITTED a) Residential Uses Prohibited. b) Non-residential Uses · Farm, exclusive of any permanent building; · Conservation use; · Forestry use; · Public Park, exclusive of any permanent building; · Public use in accordance with the General Provisions of this By-law; and · Structures for flood or erosion control. c) Accessory Uses Uses, buildings and structures accessory to any of the permitted uses in accordance with the General Provisions of this By-law. 5.2.2 ZONE PROVISIONS a) Yards (minimum): i) Front Yard ...................................................................................... 30 metres ii) Exterior Side Yard ......................................................................... 30 metres iii) Interior Side Yard ........................................................................... 30 metres iv) Rear Yard ....................................................................................... 30 metres b) Lot Coverage (maximum) ......................................................................... 10 percent c) Height of Buildings (maximum) ................................................................ 10 metres 5.2.3 GENERAL ZONE PROVISIONS In accordance with Section 4, General Provisions of this By-law. ZONE PROVISIONS SECTION 5 Loyalist Township 5-3 5.2.4 EXCEPTION ZONE PROVISIONS - ENVIRONMENTAL PROTECTION (EP) ZONE 5. 2.4.1 Environmental Protection Exception One (EP-1) Zone Notwithstanding Section 4.11, on the lands described as Part of Lots 13 & 14, Broken Front Concession, former Village of Bath, now Loyalist Township (Parts 1-5, Plan 29R-10238) zoned EP- 1 Zone, no building or structure should be erected or altered within the floodplain or within 10 metres of the floodplain. All other provisions of the Environmental Protection (EP) Zone apply. 5. 2.4.2 Environmental Protection Exception Two (EP-2) Zone By-Law 2017-078 For the property consisting of 0. 17ha described as Part of Lot 28, Concession 3, Part 2 on Reference Plan 29R-9204 located at 774 Lucas Road, the following provisions apply to the EP-2 Zone: a) A maximum 37. 5 square metre storage shed is a permitted use. b) Yards (minimum). i) Front Yard ............ ...... ........................................... 5 metres ii) Interior Side Yard.... ...................... ...... ............. .. 5 metres iii) Rear Yard ............................................... ............. 5 metres iv) Setback from Centreline of Lucas Road ... ..... ............. 10 metres All other provisions and uses of the Environmental Protection (EP) Zone shall apply. ZONE PROVISIONS SECTION 5 Loyalist Township 5-4 5.3 OPEN SPACE (OS) ZONE No person shall within any Open Space (OS) Zone use any lot or erect, alter or use any building or structure except as specified hereunder: 5.3.1 USES PERMITTED a) Residential Uses Accessory Single Detached dwelling house. b) Non-residential Uses · Conservation or other similar use that provides for the preservation of the Natural Environment; · Eating Establishment, mobile; · Forestry Use; · Golf Course; · Golf, Driving Range; · Park; · Public use in accordance with the General Provisions of this By-law; · Water Tower; and · Water Treatment Control Plant. c) Accessory Uses Uses, buildings, and structures accessory to any of the permitted uses in accordance with the General Provisions of this By-law. 5.3.2 ZONE PROVISIONS FOR SINGLE DETACHED DWELLINGS By-Law- 2011-076 a) Lot Area (minimum) ........................................................................................ 0.5 ha b) Lot Frontage (minimum) ............................................................................ 60 metres c) Yards (minimum): i) Front Yard ...................................................................................... 15 metres ii) Exterior Side Yard ......................................................................... 10 metres iii) Interior Side Yard ............................................................................. 5 metres ZONE PROVISIONS SECTION 5 Loyalist Township 5-5 iv) Rear Yard ....................................................................................... 10 metres d) Dwelling Unit Area (minimum) ..................................................... 96 square metres e) Setback from Street Centreline: In accordance with the General Provisions of this By-law. f) Number of Dwelling Houses Per Lot (maximum) ...................................................1 g) Height of Buildings (maximum) ........................................................ 10 metres 5.3.3 ZONE PROVISIONS FOR NON-RESIDENTIAL USES a) Yards (minimum): i) Front Yard ...................................................................................... 15 metres ii) Exterior Side Yard ........................................................................ 7.5 metres iii) Interior Side Yard ............................................................................. 3 metres iv) Rear Yard ....................................................................................... 15 metres b) Lot Coverage (maximum) ................................................................... 10 percent c) Setback from Street Centreline: In accordance with the General Provisions of this By-law. d) Landscaped Open Space (minimum) ........................................................ 60 percent e) Height of Buildings (maximum) ........................................................ 12 metres 5.3.4 GENERAL ZONE PROVISIONS In accordance with Section 4, General Provisions of this By-Law. 5.3.5 EXCEPTION ZONE PROVISIONS - OPEN SPACE (OS) ZONE 5.3.5.1 Open Space Exception One (OS-1) Zone Part of Lots 9 and 10, Concession 1, Bath ZONE PROVISIONS SECTION 5 Loyalist Township 5-6 On the lands zoned OS-1 the following zone provisions shall apply: a) Permitted Uses i) A clubhouse and related accessory uses such as: · office uses; · retail not exceeding 100 square metres; · equipment rental and storage; · eating establishment; · limited recreational uses; · parking facilities b) Lot Area (minimum) ....................................................................... 0.4 hectares c) Lot Frontage (minimum) .................................................................... 26 metres (Measured at western terminus of Loyalist Blvd., as shown on R.P. 1181) d) Distance to nearest residence (minimum) ...................................... 50 metres e) Height of Building (maximum) ..................................................... 12 metres 5.3.5.2 Open Space Exception Two (OS-2) Zone By-Law-2011-076 Within the OS-2 Zone, the following provisions apply: a) Front Yard (minimum) ..................................................................... 9 metres b) Exterior Side Yard (minimum) ........................................................ 6 metres c) Lot coverage (maximum) ............................................................. 60 per cent d) Landscaped Open Space (minimum) ........................................... 20 per cent e) Setback from street centreline ........................................................ 16 metres 5.3.5.3 Open Space Exception Three (0S-3) Zone Part of Lot 1, North Shore Concession; Amherst Island (Stella). Within the OS-3 zone the uses permitted include a farmer's market. ZONE PROVISIONS SECTION 5 Loyalist Township 5-7 5.3.5.3 Open Space Exception Four (0S-4) Zone By-Law 2013-024 1) USES PERMITTED No person shall within any OS-4 Zone use any lot or erect, alter or use any building or structure for any purpose except one or more of the following OS-X uses, namely: a) RESIDENTIAL USES: Prohibited; b) NON-RESIDENTIAL USES: A Breakwater; 2) ZONE PROVISIONS No person shall within any OS-4 Zone use any lot or erect, alter or use any building or structure except in accordance with the following provisions: a) All Provisions N/A" 5.3.5.5 Open Space Exception Five (OS-5) Zone By-Law 2013-114 In the OS-5 zone, the only permitted uses shall be: - Conservation or other similar use that provides for the preservation of the natural environment - Public park - Public use in accordance with the General Provision of this by- law. 5.3.5.6 Open Space Exception Six (OS-6) Zone On the lands described as Part of Lots 13 & 14 Broken Front Concession former Village of Bath, now Loyalist Township (Parts 1-5, Plan 29R-10238) zoned 05-6 Zone, the permitted uses within the 150m buffer of the Bath Sewage Treatment Plant located at 50 Sir John Johnson Drive shall apply: ZONE PROVISIONS SECTION 5 Loyalist Township 5-8 l. Permitted Uses a) Non-Residential Uses Conservation Use; Parking; and Public Use. a) lot Area (minimum)..........................................................1000 square metres b) Lot Frontage (minimum)..............................................................30.0 metres c) Yards (minimum) i) Front Yard.........................................................................4.0 metres ii) Exterior Side Yard...............................................................3.0 metres iii) Interior Side Yard................................................................1.2 metres iv) Rear Yard..........................................................................7.5 metres All other provisions of the Open Space (OS) Zone apply. ZONE PROVISIONS SECTION 5 Loyalist Township 5-9 5.4 PRIME AGRICULTURE ZONE (PA) ZONE No person shall within any Prime Agricultural (PA) Zone use any lot or erect, alter or use any building or structure except as specified hereunder: 5.4.1 USES PERMITTED a) Residential Uses · Single detached dwelling house; · Existing Converted dwelling house; · Group Home; and · Home Occupation or Home Industry b) Non-residential Uses · Asphalt plant, portable; · Conservation; · Equestrian centre; · Farm · Farm produce sales outlet; · An existing cemetery; · Forestry; · Kennel; · Nursery farm; · Public Park; · Public use or utility in accordance with the general provisions of this By-law; and · Wayside pit or quarry, and a portable asphalt plant as an accessory use to a permitted wayside pit or quarry. c) Accessory Uses Uses, buildings and structures accessory to any of the permitted uses in accordance with the General Provisions of this By-law. 5.4.2 PROVISIONS FOR RESIDENTIAL USES By-Law- 2011-076 a) Lot Area (minimum) ........................................................................................ 0.5 ha b) Lot Frontage (minimum) ............................................................................ 60 metres ZONE PROVISIONS SECTION 5 Loyalist Township 5-10 c) Yards (minimum): i) Front Yard ...................................................................................... 10 metres ii) Exterior Side Yard ......................................................................... 10 metres iii) Interior Side Yard ............................................................................. 5 metres iv) Rear Yard ....................................................................................... 10 metres d) Dwelling Unit Area (minimum) ..................................................... 96 square metres e) Lot Coverage (maximum) ........................................................................ 10 percent On existing lots of record with an area of less than 0.2 ha., the maximum lot coverage may be increased to ....................................... 15 percent f) Setback from Street Centreline: In accordance with the General Provisions of this by-law. g) Number of Dwelling houses Per Lot (maximum) ....................................................1 h) Height of Buildings (maximum) ........................................................ 10 metres i) Distance Separation Requirements: In accordance with the General Provisions of this By-law. 5.4.3 PROVISIONS FOR NON-RESIDENTIAL USES a) Lot Area (minimum) ........................................................................................ 40 ha b) Lot Frontage (minimum) .......................................................................... 200 metres c) Yards (minimum): i) Front Yard ...................................................................................... 30 metres ii) Exterior Side Yard ......................................................................... 30 metres iii) Interior Side Yard ........................................................................... 15 metres iv) Rear Yard ....................................................................................... 30 metres d) Lot Coverage (maximum) ......................................................................... 10 percent ZONE PROVISIONS SECTION 5 Loyalist Township 5-11 e) Setback from Street Centreline: In accordance with the General Provisions of this By-law. f) Height of Buildings (maximum) ................................................................ 12 metres g) Distance Separation Requirements: In accordance with the General Provisions of this By-law. 5.4.4 PROVISIONS FOR KENNELS No Kennel shall be erected within 60 metres of the lot line of adjacent lands which are held under distinct and separate ownership. Where a kennel existed as of the date of passing of this By-law which does not comply with the 60 metre setback, such kennel shall not be extended, enlarged, reconstructed or altered if the effect is to reduce or encroach on the setback. 5.4.5 GENERAL ZONE PROVISIONS In accordance with Section 4, General Provisions of this By-law. 5.4.6 EXCEPTION ZONE PROVISIONS - PRIME AGRICULTURAL (PA) ZONE 5.4.6.1 Prime Agriculture Exception One (PA-1) Zone By-Law 2006-49 For property described as part of Lot 10, Concession 3, 1867 McIntyre Road, this area is zoned Prime Agriculture Exception One (PA-1) and the following provisions apply: a) Only Residential Uses Permitted: - apartment dwelling house but restricted to no more than four(4) dwelling units. b) The maximum floor area of the apartment dwelling house shall not exceed 340 m². c) The minimum floor area of dwelling units be as follows: i) one bedroom dwelling unit 56 m² ii) two bedroom dwelling unit 70 m² iii) three bedroom dwelling unit 80 m² ZONE PROVISIONS SECTION 5 Loyalist Township 5-12 All other provisions of the Prime Agriculture (PA) apply. 5.4.6.2 Prime Agriculture Exception Two (PA-2) Zone For the property described as Part of Lot 8, Concession 3, and addressed as 2030 Withers Road, the following provision applies: b) Lot Area - Residential Uses Only (minimum)....................0.5 hectares. All other provisions of the Prime Agriculture (PA) Zone apply. 5.4.6.3 Prime Agriculture Exception Three (PA-3) Zone "For the property described as Part of Lot 5, Concession 2, 2123 County Road 22, the following provisions apply: On the lands zoned PA-3 a duplex or semi-detached dwelling house is permitted. "All other provisions and uses of the Prime Agriculture (PA) Zone apply." 5.4.6.4 Prime Agriculture Exception Four (PA-4) Zone By-Law 2012-087 Within the PA-4 Zone, the following non-residential permitted use is added: - On-farm craft brewery "All other provisions and uses of the Prime Agriculture (PA) Zone apply." 5.4.6.5 Prime Agriculture Exception Five (PA-5) Zone By-Law 2012-109 Within the PA-4 Zone, the following are the only non-residential permitted uses allowed: - Conservation; - Farm provided the maximum amount of livestock is five (5) horses or the equivalent amount of nutrient units, as defined under the Nutrient Management Act; - Forestry; - Public Park; - Public use or utility in accordance with the general provisions of this by-law. ZONE PROVISIONS SECTION 5 Loyalist Township 5-13 5.4.6.6 Prime Agricultural Exception Six (PA-6) Zone By-Law 2016-096 For the property described as Part of Lots 11 & 12, Concession 2, save and except Part 7 of Reference Plan 29R-6599 located at 1742 Mclntyre Road. Within the PA-6 Zone, the following zone provisions shall apply: a) No residential uses are permitted. All other provisions and uses of the Prime Agriculture (PA) Zone apply. ZONE PROVISIONS SECTION 5 Loyalist Township 5-14 5.5 RESTRICTED AGRICULTURAL (RA) ZONE No person within any Restricted Agricultural (RA) Zone shall use any lot or erect, alter, or use any building or structure except as specified hereunder. 5.5.1 USES PERMITTED a) Residential Uses · Single detached dwelling house; · Existing converted dwelling house; · Group home; and · Home occupation or home industry. b) Non-Residential Uses · Cemetery (existing); · Conservation; · Existing farm; · Farm produce sales outlet; · Forestry; · Nursery farm; · Public Park; · Place of worship; · School, public or private; and · Public use in accordance with the general provisions of this By-law. c) Accessory Uses Uses, buildings, and structures accessory to any of the permitted uses in accordance with the general provisions of this By-law. 5.5.2 PROVISIONS FOR RESIDENTIAL USES By-Law- 2011-076 a) Lot Area (minimum) .............................................................................. 0.5 hectares b) Lot Frontage (minimum) ............................................................................ 60 metres ZONE PROVISIONS SECTION 5 Loyalist Township 5-15 c) Yards (minimum): i) Front Yard ...................................................................................... 15 metres ii) Exterior Side Yard ......................................................................... 10 metres iii) Interior Side Yard ............................................................................. 5 metres iv) Rear Yard ....................................................................................... 10 metres d) Dwelling Unit Area (minimum) ..................................................... 96 square metres e) Landscaped Open Space (minimum) ........................................................ 30 percent f) Lot Coverage (maximum) ......................................................................... 10 percent On existing lots of record with an area of less than 0.2 hectares, the maximum lot coverage may be increased to ...................................... 15 percent. g) Setback from Street Centreline: In accordance with the General Provisions of this By-law. h) Number of Dwelling Houses Per Lot (maximum) ................................................1.0 i) Height of Building (maximum) ................................................................. 10 metres j) Distance Separation Requirements: In accordance with the General Provisions of this By-law. 5.5.3 PROVISIONS FOR NON-RESIDENTIAL USES a) Lot Areas (minimum)................................................................................ 5 hectares b) Lot Frontage (minimum) .......................................................................... 100 metres c) Yards (minimum): i) Front Yard ...................................................................................... 15 metres ii) Exterior Side Yard ......................................................................... 15 metres iii) Interior Side Yard ........................................................................... 10 metres iv) Rear Yard ....................................................................................... 15 metres ZONE PROVISIONS SECTION 5 Loyalist Township 5-16 d) Lot Coverage (maximum) ......................................................................... 10 percent e) Setback from Street Centreline: In accordance with the General Provisions of this By-law. f) Height of Building ..................................................................................... 12 metres g) Distance Separation Requirements: In accordance with the General Provisions of this By-law. 5.5.5 GENERAL PROVISIONS In accordance with Section 4, General Provisions of this By-law. 5.5.6 EXCEPTION PROVISIONS - RESTRICTED AGRICULTURAL (RA) ZONE ZONE PROVISIONS SECTION 5 Loyalist Township 5-17 5.6 RURAL ZONE (RU) ZONE No person shall within any Rural (RU) Zone use any lot or erect, alter or use any building or structure except as specified hereunder: 5.6.1 USES PERMITTED a) Residential Uses · Single detached dwelling house; · Existing converted dwelling house; · Group Home; and · Home Occupation or Home Industry b) Non-residential Uses · Asphalt plant; portable; · An existing Cemetery; · Conservation and Forestry uses; · Equestrian Centre; · Farm; · Farm produce sales outlet; · Kennel; · Nursery farm; · Place of Worship; · Public Park; · Public use or utility in accordance with the general provisions of this By-law; and · Wayside pit or quarry and a portable asphalt plant as an accessory use to a permitted wayside pit or quarry c) Accessory Uses Uses, buildings, and structures accessory to any of the permitted uses in accordance with the General Provisions of this By-law. 5.6.2 PROVISIONS FOR RESIDENTIAL USES By-Law- 2011-076 a) Lot Area (minimum) ........................................................................................ 0.5 ha b) Lot Frontage (minimum) ............................................................................ 60 metres ZONE PROVISIONS SECTION 5 Loyalist Township 5-18 c) Yards (minimum): i) Front Yard ...................................................................................... 10 metres ii) Exterior Side Yard ......................................................................... 10 metres iii) Interior Side Yard ............................................................................. 5 metres iv) Rear Yard ................................................................................... 10 metres d) Dwelling Unit Area (minimum) ..................................................... 96 square metres e) Lot Coverage (maximum) ........................................................................ 30 percent f) Setback from Street Centreline: In accordance with the General Provisions of this By-law. g) Number of Dwelling houses Per Lot (maximum) ....................................................1 h) Height of Buildings (maximum) ........................................................ 10 metres i) Distance Separation Requirements: In accordance with the General Provisions of this By-law. 5.6.3 PROVISIONS FOR NON-RESIDENTIAL USES a) Lot Area (minimum) ........................................................................................ 10 ha b) Lot Frontage (minimum) .......................................................................... 150 metres c) Yards (minimum): i) Front Yard ...................................................................................... 30 metres ii) Exterior Side Yard ......................................................................... 30 metres iii) Interior Side Yard ........................................................................... 15 metres iv) Rear Yard ....................................................................................... 30 metres d) Lot Coverage (maximum) ......................................................................... 10 percent e) Setback from Street Centreline: In accordance with the General Provisions of this By-law. ZONE PROVISIONS SECTION 5 Loyalist Township 5-19 f) Height of Buildings (maximum) ................................................................ 12 metres g) Distance Separation Requirements: In accordance with the General Provisions of this By-law. 5.6.4 PROVISIONS FOR KENNELS No Kennel shall be erected within 60 metres of the lot line of adjacent lands which are held under distinct and separate ownership. Where a kennel existed as of the date of passing of this By-law which does not comply with the 60 metre setback, such kennel shall not be extended, enlarged, reconstructed or altered if the effect is to reduce or encroach on the setback. 5.6.5 GENERAL ZONE PROVISIONS In accordance with Section 4, General Provisions of this By-law. 5.6.6 EXCEPTION ZONE PROVISIONS - RURAL (RU) ZONE 5.6.6.1 Rural Exception One (RU-1) Zone Part of Lots 30 and 31, Concession 6. On the lands zoned RU-1 the following zone provisions shall apply: a) Lot Frontage (minimum) ........................................................... 168.5 metres b) Interior Side Yard (minimum) for existing barn ........................ 34.3 metres c) The keeping of livestock is prohibited in the existing barn. 5.6.6.2 Rural Exception Two (RU-2) Zone Part of Lot 24, Concession 3, Part 1, Plan 29R-311, and Parts 1 and 2 Plan 29R-5890. ZONE PROVISIONS SECTION 5 Loyalist Township 5-20 On the lands zoned RU-2 the following zone provisions shall apply: a) Separation Distance- Barns i) No stable, barn, shelter, pen, cage, kennel or other farm building or structure shall be erected or used on the lands zoned RU-2 except in accordance with the following provisions: 1) 72 metres from a dwelling addressed as 1003 Lucas Road 2) 105 metres from a dwelling addressed as 1011 Lucas Road 3) the requirements of the Minimum Distance Separation Calculations I and II from all other dwellings. 5.6.6.3 Rural Exception Three (RU-3) Zone Part of Lots 18 and 19, Concession 6; being parts 1 and 2 on Plan of Survey 29R- 8057. Within the RU-3 Zone the minimum required side yard from the most easterly lot line shall be 365 metres. 5.6.6.4 Rural Exception Four (RU-4) Zone Part of Lot 19, Concession 2; being parts 1 and 2 on Plan of Survey 29R-7954. Within the RU-4 Zone the uses permitted include an apartment building, or a boarding or rooming house in accordance with the following provisions: i) Floor area (maximum) ..................................................... 344 square metres ii) Dwelling (apartment) unit (maximum) ........................................................3 iii) Dwelling (apartment) unit floor area (minimum) .............. 79 square metres iv) Boarding or rooming house: · Floor area (minimum) .......................................... 162 square metres · Guest rooms (maximum) .................................................................4 · Guest room floor area (minimum) ......................... 23 square metres · Floor area of proprietor's unit (minimum) ............. 79 square metres ZONE PROVISIONS SECTION 5 Loyalist Township 5-21 5.6.6.5 Rural Exception Five (RU-5) Zone Part of Lot 23, Concession 7. Within the RU-5 Zone the following is also permitted: · one (1) attached single housekeeping residential unit in addition to a single detached dwelling house; · Floor Area of attached housekeeping unit (maximum) ... 180 square metres 5.6.6.6 Rural Exception Six (RU-6) Zone By-Law (2002-95) By-Law (2004-30) By-Law-2011-076 On the lands zoned RU-6, in addition to the existing permitted residential uses. A two-unit dwelling house is allowed instead of a single unit dwelling house. A maximum of two dwelling units are permitted on the property. The minimum dwelling unit area shall be 84 square metres. Notwithstanding the minimum lot frontage, front yard and interior side yard provisions of the Rural (RU) Zone, the following provisions apply: a) Minimum Interior Side Yard (For 6995 County Road 2) for most easterly lot line - 0.84 metres. b) Minimum Front Yard (For 6995 County Road 2) - 3.37 metres. c) Minimum Lot Frontage - 59.9 metres. All other provisions of the RU zone apply. 5.6.6.7 Rural Exception Seven (RU-7) Zone By-Law (2004-49) On the lands zoned RU-7, the following are the only permitted residential uses: Residential Uses - an existing triplex dwelling house, or - single detached dwelling house. All other provisions of the RU zone pertain. ZONE PROVISIONS SECTION 5 Loyalist Township 5-22 5.6.6.8 Rural Exception Eight (RU-8) Zone By-Law (2004-85) On the lands zoned RU-8, in addition to the existing permitted residential uses, a secondary dwelling house is allowed. A maximum of two dwellings are permitted on the property. The minimum area of the secondary dwelling shall be 70 square metres, with a maximum floor area of 165 square metres. 5.6.6.9 Rural Exception Nine (RU-9) Zone By-Law (2006-88) For the property described as Part of Lot 42, Concession 5, designated as Part 1 on Reference Plan 29R-2592, and addressed as 19 Mud Lake Road North, the following provision applies: a) All residential and non-residential uses are prohibited within 120 metres of the Millhaven Creek Wetland, except a farm and conservation and forestry uses. Regarding the farm use, no farm related buildings or structures shall be allowed on land zoned RU-9. All other provisions of the Rural (RU) Zone apply. 5.6.6.10 Rural Exception Ten (RU-10) Zone For the property described as Part of Lot 22, Concession 2, designated as Part 1 on Reference Plan 29R-7078 and addressed as 1122 Millhaven Road, the following provision applies: Minimum Lot Area for Non- Residential Use..............................9.3 Acres Number of permitted nutrient units allowed (maximum)...............3 nutrient units For the purposes of determining nutrient units, the Nutrient Management Act, 2002 applies: All other provisions of the Rural (RU) Zone apply. 5.6.6.11 Rural Exception Eleven (RU-11) Zone For the property described as Lot 35 and 36, Concession 2, County Road 6, the following provisions apply: The following provisions apply to the RU-11 zone: a) Lot Area (maximum)............................................................ 1.6 ha ZONE PROVISIONS SECTION 5 Loyalist Township 5-23 b) Lot Frontage (maximum)...................................................... 125 metres c) Additional permitted non-residential use......... Garden and Nursery Sales and Supply Establishment. d) Vehicles incidental to the business are permitted. All other provisions and uses of the Rural (RU) Zone apply. 5.6.6.12 Rural Exception Twelve (RU-12) zone For the property described as Lot 8, Concession 6, 2014 - 2056 Switzerville Road the following provisions apply to the RU-12 zone: a) Lot Area (maximum)..................................................................2.0 ha b) Lot Frontage (maximum)......................................................100 metres b) Additional permitted non-residential use......... Club, Commercial for athletic fitness and recreational purposes. c) Parking spaces (minimum): ........................................... 12 spaces d) Maximum occupancy other than employees: ................. 12 persons e) Maximum total floor area for commercial club use: ...... 280 square metres All other provisions and uses of the Rural (RU) Zone apply." 5.6.6.13 Rural Exception Thirteen Zone (RU-13) By-Law 2009-24 For the property described as part of Lots 31 and 32, Concession 1, Parts 1, 2, 3, 4 and 5 on Plan 29R-9569, the following provisions apply to the RU-13 zone: a) Additional permitted non-residential use: park for soccer, rugby, touch football and ultimate frisbee sports fields. b) Notwithstanding Section 4.12 of this by-law, non-residential buildings or structures may be built on this property, but shall be accessory to the park for soccer, rugby, touch football and ultimate frisbee sport fields and be limited to accessory storage buildings, one canteen, washrooms including ancillary private sewage treatment facilities, one field house with a maximum gross floor area of 140 square metres and bleachers. No sports field shall be enclosed in a building or structure. c) All other provisions of the Rural zone apply. ZONE PROVISIONS SECTION 5 Loyalist Township 5-24 5.7 ESTATE RESIDENTIAL ZONE (ER) ZONE No person shall within any Estate Residential (ER) Zone use any lot or erect, alter or use any building or structure except as specified hereunder: 5.7.1 USES PERMITTED a) Residential Uses · Single Detached dwelling house; · Group Home; and · Home Occupation. b) Non-residential Uses · Public Park; and · Public use or utility in accordance with the general provisions of this By-law. c) Accessory Uses Uses, buildings, and structures accessory to any of the permitted uses in accordance with the General Provisions of this By-law. 5.7.2 ZONE PROVISIONS a) Lot Area (minimum) ....................................................................................... 0.8 ha b) Lot Frontage (minimum) .......................................................................... 60 metres c) Yards (minimum): i) Front Yard ...................................................................................... 15 metres ii) Exterior Side Yard ......................................................................... 10 metres iii) Interior Side Yard ............................................................................. 5 metres iv) Rear Yard ....................................................................................... 15 metres d) Dwelling Unit Area (minimum) ................................................. 130 square metres e) Lot Coverage (maximum) ....................................................................... 20 percent f) Setback from Street Centreline: ZONE PROVISIONS SECTION 5 Loyalist Township 5-25 In accordance with the General Provisions of this By-law. g) Number of Dwelling Houses Per Lot (maximum) .................................................1 h) Height of Buildings (maximum) ........................................................ 10 metres i) Separation Requirements: In accordance with the General Provisions of this By-law. 5.7.3 GENERAL ZONE PROVISIONS In accordance with Section 4, General Provisions of this By-law. 5.7.4 EXCEPTION ZONE PROVISIONS - ESTATE RESIDENTIAL (ER) ZONE ZONE PROVISIONS SECTION 5 Loyalist Township 5-26 5.8 RURAL RESIDENTIAL (RR) ZONE No person shall within any Rural Residential (RR) Zone use any lot or erect, alter or use any building or structure except as specified hereunder: 5.8.1 USES PERMITTED a) Residential Uses · Single Detached dwelling house; · Group Home; and · Home Occupation b) Non-Residential Uses · Public Park; and · Public use or utility in accordance with the General Provisions of this By-law. c) Accessory Uses Uses, buildings, and structures accessory to any of the permitted uses specified in accordance with the General Provisions of this By-law. 5.8.2 ZONE PROVISIONS FOR RESIDENTIAL USES By-Law- 2011-076 a) Lot Area (minimum) ....................................................................................... 0.5 ha b) Lot Frontage (minimum) .......................................................................... 60 metres c) Yards (minimum): i) Front Yard ...................................................................................... 15 metres ii) Exterior Side Yard ......................................................................... 10 metres iii) Interior Side Yard ............................................................................. 5 metres iv) Rear Yard ................................................................................... 10 metres d) Dwelling Unit Area (minimum) .................................................. 96 square metres ZONE PROVISIONS SECTION 5 Loyalist Township 5-27 e) Lot Coverage (maximum) ....................................................................... 30 percent f) Setback from Street Centreline: In accordance with the General Provisions of this By-law. g) Number of Dwelling Houses Per Lot (maximum) .................................................1 h) Height of Buildings (maximum) ........................................................ 10 metres i) Distance Separation Requirements: In accordance with the General Provisions of this By-law. 5.8.3 GENERAL ZONE PROVISIONS In accordance with Section 4, General Provisions of this By-law. 5.8.4 EXCEPTION PROVISIONS - RURAL RESIDENTIAL (RR) ZONE 5.8.4.1 Rural Residential Exception One (RR-1) Zone Part of Lot 24, Concession 3, Part 1, Plan 29R-311, and Parts 1 and 2 Plan 29R- 5890. On the lands zoned RR-1 the following zone provision shall apply: · Front Yard Setback (minimum) ................................................. 22.5 metres 5.8.4.2 Rural Residential Exception Two (RR-2) Zone 5818 County Road #2 On the lands zoned RR-2 a maximum of one single attached dwelling unit shall be allowed in addition to a single detached dwelling house. The single attached dwelling unit shall have a maximum gross floor area of 98 square metres. 5.8.4.3 Rural Residential Exception Three (RR-3) Zone Part of Lots 42 and 43, Concession 6; Being part 6 of Plan of Survey 29R-793. ZONE PROVISIONS SECTION 5 Loyalist Township 5-28 Within the RR-3 Zone the following applies: · Rear yard (minimum) .................................................................... 8.5 metres 5.8.4.4 Rural Residential Exception Four (RR-4) zone By-Law 2008-34 & 2013-73 For the property described as PLAN 13A, Lot 5, 6, 7, Part 1 on Reference Plan 29R-3070, and a portion of Part 1 of Plan 29R-4753, totaling approximately 1 acre, and addressed 466 Absalom Street, the following provisions apply; On the lands zoned RR-4 a triplex, duplex or semi-detached dwelling house is permitted. All other provisions and uses of the Rural Residential (RR) Zone apply. ZONE PROVISIONS SECTION 5 Loyalist Township 5-29 5.9 SHORELINE RESIDENTIAL (SR) ZONE No person shall within any Shoreline Residential (SR) Zone use any lot or erect, alter or use any building or structure except as specified hereunder: 5.9.1 USES PERMITTED a) Residential Uses · Single Detached dwelling house; · Group Home; · Home Occupation b) Non-residential Uses · Public Park; and · Public use or utility in accordance with the General Provisions of this By-law. c) Accessory Uses Uses, buildings, and structures accessory to any of the permitted uses specified in accordance with the General Provisions of this By-law. 5.9.2 ZONE PROVISIONS FOR RESIDENTIAL USES By-Law- 2011-076 a) Lot Area (minimum) ....................................................................................... 0.5 ha b) Lot Frontage (minimum) .......................................................................... 60 metres c) Yards (minimum): i) Front Yard ...................................................................................... 10 metres ii) Exterior Side Yard ......................................................................... 10 metres iii) Interior Side Yard ............................................................................. 5 metres iv) Rear Yard ....................................................................................... 10 metres d) Dwelling Unit Area (minimum) .................................................. 96 square metres ZONE PROVISIONS SECTION 5 Loyalist Township 5-30 e) Lot Coverage (maximum) ....................................................................... 30 percent f) Setback from Street Centreline: In accordance with the General Provisions of this By-law. g) Number of Dwelling Houses Per Lot (maximum) .................................................1 h) Height of Buildings (maximum) ........................................................ 10 metres i) Distance Separation Requirements: In accordance with the General Provisions of this By-law. 5.9.3 GENERAL ZONE PROVISIONS In accordance with Section 4, General Provisions of this By-law. 5.9.4 EXCEPTION ZONE PROVISIONS - SHORELINE RESIDENTIAL (SR) ZONE 5.9.4.1 Shoreline Residential Exception One (SR-1) Zone Part of lot 5, North Shore Concession, Amherst Island On the lands zoned SR-1 the following zone provisions shall apply: 9) Setback from highwater mark (minimum) ..................................... 20 metres 10) The keeping of livestock is prohibited in the existing barn. 5.9.4.2 Shoreline Residential Exception Two (SR-2) Zone On the lands zoned SR-2 a farm is a permitted use, and livestock facilities are a permitted accessory use in accordance with the general provisions of this by-law. 5.9.4.3 Shoreline Residential Exception Three (SR-3) Zone On the lands zoned SR-3 a home industry and a farm are permitted uses. ZONE PROVISIONS SECTION 5 Loyalist Township 5-31 5.9.4.4 Shoreline Residential Exception Four (SR-4) Zone Within the SR-4 uses permitted include a home industry and a motor vehicle body shop provided the motor vehicle body shop is carried on within the existing buildings. 5.9.4.5 Shoreline Residential Exception Five (SR-5) Zone On the lands zoned SR-5, one residential lot is permitted to have lot frontage on a private right-of-way instead of an improved public street. All other provisions of the SR and SR-2 zones apply. 5.9.4.6 Shoreline Residential Exception Six (SR-6) Zone By-Law (2004-10) On the lands zoned SR-6; an accessory building with an area no greater than 100 ft.² use is allowed prior to establishment of the permitted main use or building. All other requirements of the SR zone remain in force. 5.9.4.7 Shoreline Residential Exception Seven (SR-7) Zone By-Law (2004-49) On the lands zoned SR-7, the minimum interior side yard shall be 2.0 metres. All other provisions of the SR zone apply. 5.9.4.8 Shoreline Residential Exception Eight (SR-8) Zone By-Law (2005-60) On the lands zoned SR-8, all zoning provisions of the SR and SR-2 zone apply. In addition, notwithstanding Section 4.16 of the General Provisions Section of by-law 2001-38, a single guesthouse shall be allowed with a maximum total floor area of 121 square metres. The guesthouse shall not contain any facilities for the preparation of food other than a small counter and sink. 5.9.4.9 Shoreline Residential Exception Nine (SR-9) Zone By-Law (2005-72-2009-24) On the lands zoned SR-9; an accessory building with an area no greater than 100 ft² use is allowed prior to the establishment of the permitted main use or building. All other requirements of the SR zone remain in force. ZONE PROVISIONS SECTION 5 Loyalist Township 5-32 5.10 HAMLET RESIDENTIAL (HR) ZONE No person shall within any Hamlet Residential (HR) Zone use any lot or erect, alter or use any building or structure except as specified hereunder: 5.10.1 USES PERMITTED a) Residential Uses · Single Detached dwelling house; · Group Home; · Home Occupation b) Non-residential Uses · Public Park; and · Public use or utility in accordance with the General Provisions of this By-law. c) Accessory Uses Uses, buildings, and structures accessory to any of the permitted uses specified in accordance with the General Provisions of this By-law. 5.10.2 ZONE PROVISIONS FOR SINGLE DETACHED DWELLINGS By-Law- 2011-076 a) Lot Area (minimum) ....................................................................................... 0.5 ha b) Lot Frontage (minimum) .......................................................................... 45 metres c) Yards (minimum): i) Front Yard ..................................................................................... 7.5 metres ii) Exterior Side Yard ........................................................................... 6 metres iii) Interior Side Yard: · 4 metres on one side, and · 1.5 metres on the narrow (other) side, plus 0.6 metres on the narrow side for each additional or partial storey above the first. iv) Rear Yard ...................................................................................... 7.5 metres ZONE PROVISIONS SECTION 5 Loyalist Township 5-33 d) Dwelling Unit Area (minimum) .................................................. 96 square metres e) Lot Coverage (maximum) ....................................................................... 30 percent f) Setback from Street Centreline: In accordance with the General Provisions of this By-law. g) Number of Dwelling Houses Per Lot (maximum) .................................................1 h) Height of Buildings (maximum) ........................................................ 10 metres i) Distance Separation Requirement: In accordance with the General Provisions of this By-law. 5.10.3 GENERAL ZONE PROVISIONS In accordance with Section 4, General Provisions of this By-law. 5.10.4 EXCEPTION PROVISIONS - HAMLET RESIDENTIAL (HR) ZONE 5.10.4.1 Hamlet Residential Exception One (HR-1) Zone On the lands zoned HR-1, in part of lots 18 and 19 in the hamlet of Millhaven, a mobile home trailer park is the only permitted use. 5.10.4.2 Hamlet Residential Exception Two (HR-2) Zone Stella, Amherst Island On the lands zoned HR-2, a home industry and a contractor's yard are permitted. 5.10.4.3 Hamlet Residential Exception Three (HR-3) Zone By-Law 2005-61 Stella, Amherst Island On the lands zoned HR-3, a second hand shop, guest room accommodation, a private club and a commercial school are permitted within the existing building. ZONE PROVISIONS SECTION 5 Loyalist Township 5-34 5.10.4.4 Hamlet Residential Exception Four (HR-4) Zone Stella, Amherst Island On the lands zoned HR-4 a custom workshop is permitted. 5.10.4.5 Hamlet Residential Exception Five (HR-5) Zone By-Law 2006-87 Part of Lot 38, Concession 6, Wilton, 309 Simmons Road. Part of Lot 1, North Shore Concession, Amherst Island, 5605 Front Road, Stella. On the lands zoned HR-5 a duplex or semi-detached dwelling house is permitted. 5.10.4.6 Hamlet Residential Exception Six (HR-6) Zone By-Law 2011-076 Part of Lot 14, Concession 5 in the Hamlet of Violet. Within the land zoned HR-6, the following provisions apply: a) Lot frontage (minimum) ................................................................. 25 metres b) Lot area (minimum) ...... 2200 square metres, however, some of the lot area may be within the Environmental Protection (EP) Zone 5.10.4.7 Hamlet Residential Exception Seven (HR-7) Zone Stella, Amherst Island On the lands zoned HR-7 the uses permitted include: · use of the existing buildings for meeting functions and/or social functions such as dances, concerts and · uses normally considered subordinate and incidental thereto. 5.10.4.8 Hamlet Residential Exception Eight (HR-8) Zone By-Law 2004-009 On the lands zoned HR-8, in addition to the existing permitted residential uses, a single bedroom apartment dwelling unit shall be permitted in a dwelling house provided the minimum dwelling unit area is 56 square metres. ZONE PROVISIONS SECTION 5 Loyalist Township 5-35 5.10.4.9 Hamlet Residential Exception Nine (HR-9) Zone By-Law 2011-042 Within the HR-9 Zone the following provisions apply: a) Notwithstanding Section 4.11, an accessory deck and stairs as shown in the rezoning application are permitted to be installed on an existing boat port at 5660 Highway 33 and no further development or expansion o the boat port, deck or stairs shall be permitted. ZONE PROVISIONS SECTION 5 Loyalist Township 5-36 5.11 RESIDENTIAL TYPE ONE (R1) ZONE No person shall within any Residential Type One (R1) Zone use any lot or erect, alter or use any building or structure except as specified hereunder: 5.11.1 USES PERMITTED a) Residential Uses · Single detached dwelling house; · Existing converted dwelling house; · Group Home; and · Home Occupation b) Non-residential Uses · Public Park; and · Public use or utility in accordance with the General Provisions of this By-law. c) Accessory Uses Uses, buildings, and structures accessory to any of the permitted uses specified in accordance with the General Provisions of this By-law. 5.11.2 ZONE PROVISIONS FOR SINGLE DETACHED DWELLINGS By-Law- 2011-076 a) Lot Area (minimum): i) Lot serviced by municipal water and sewer ..................... 550 square metres ii) Lot serviced by municipal water and private waste disposal system .......................................................................... 0.2 ha b) Lot Frontage (minimum): i) Lot serviced by municipal water and sewer ................................... 15 meters ii) Lot serviced by municipal water and private waste disposal system .................................................................... 30 metres ZONE PROVISIONS SECTION 5 Loyalist Township 5-37 c) Yards (minimum): i) Front Yard: · Lot serviced by municipal water and sewer ...................... 7.5 metres · Lot services by municipal water and private waste disposal system ....................................................... 7.5 metres ii) Exterior Side Yard: · Lot serviced by municipal water and sewer ......................... 6 metres · Lot services by municipal water and private waste disposal system .......................................................... 6 metres iii) Interior Side Yard: · 3 metres on one side, 1.2 metres on the other side, plus 0.6 metres on the narrow side for each additional or partial storey above the first, provided, that where a garage or carport is attached to or is within the main building, or the lot is a corner lot, the minimum width of the interior side yard shall be 1.2 metres plus 0.6 metres for each additional or partial storey above the first. The increased side yard requirement does not apply to an attic or loft. iv) Rear Yard (minimum) ................................................................... 7.5 metres d) Dwelling Unit Area (minimum) .................................................... 96 square metres e) Lot Coverage (maximum) ......................................................................... 30 percent f) Setback from Street Centreline: In accordance with the General Provisions of this By-law. g) Number of Dwelling Houses Per Lot (maximum) ...................................................1 h) Height of Buildings (maximum) ........................................................ 10 metres i) Garage Setback from Front Lot Line (minimum) ........................................ 6 metres In no case shall the garage extend more than 2.0 metres closer to the front lot line than the principle dwelling house on the lot. ZONE PROVISIONS SECTION 5 Loyalist Township 5-38 5.11.3 GENERAL ZONE PROVISIONS In accordance with Section 4, General Provisions of this By-Law. 5.11.4 EXCEPTION PROVISIONS - RESIDENTIAL TYPE ONE (R1) ZONE 5.11.4.1 Residential Type One Exception One (R1-1) Zone Part of Lot 37, Broken Front Concession On the lands zoned (R1-1) a single one bedroom basement apartment with a minimum floor area of 56 square metres shall be permitted as a second dwelling unit. 5.11.4.2 Residential Type One Exception Two (R1-2) Zone On the lands zoned (R1-2) the following zone provisions shall apply: a) Rear yard setback (minimum) ....................................................... 4.5 metres 5.11.4.3 Residential Type One Exception Three (R1-3) Zone On the lands zoned (R1-3) the following zone provisions shall apply: a) Rear yard setback (minimum) ....................................................... 2.5 metres b) Interior yard setback (minimum): · Minimum width shall be 7.5 metres on one side, plus 1.2 metres on the other side plus 0.6 metres on the narrow side for each additional storey or partial storey above the first. 5.11.4.4 Residential Type One Exception Four (R1-4) Zone Within the R1-4 Zone the following provisions shall apply: a) Front yard: (minimum) ............................................................ 3.5 metres (maximum) ............................................................... 8 metres b) Exterior side yard (minimum) ....................................................... 3.5 metres ZONE PROVISIONS SECTION 5 Loyalist Township 5-39 c) Lot Frontage: · The minimum lot frontage requirements shall be calculated at the minimum front yard depth of 6 metres. 5.11.4.5 Residential Type One Exception Five (R1-5) Zone By-Law 2005-16 Within the R1-5 zone, the garage setback shall read: Garage Setback from front lot line (minimum) .................................... ...6 metres Lot Coverage (maximum) for a dwelling ............................................. 35% Lot Coverage (maximum) for all buildings and structures.................. 41% 5.11.4.6 Residential Type One Exception Five (R1-6) Zone By-Law 2002-59 Within the R1-6 Zone the following provisions shall apply: Part of Lot 11, Concession 1, Part1, Reference Plan 29R-7333, Village of Bath a) On lands zoned R1-6, no building or structure shall be built below the 76.8 metre geodetic contour. b) Notwithstanding Section 4.11b) of Zoning By-law 2001-38, no building or structure shall be erected within 1.2 metres of the 1:100 year floodplain of Muddy Creek 5.11.4.7 Residential Type One Exception Seven (R1-7) Zone By-Law 2002-91 On the lands zoned (R1-7) the following zone provisions shall apply, Notwithstanding the maximum lot coverage provision of the Residential Type One (R1) Zone, the following provisions apply: a) Lot Coverage (maximum) for a dwelling 35% b) Lot Coverage (maximum) for all buildings and structures 40% All other provisions of the "R1" Zone shall apply. 5.11.4.8 Residential Type One Exception Eight (R1-8) Zone By-Law 2003-47 ADDITIONAL PERMITTED RESIDENTIAL USE: ZONE PROVISIONS SECTION 5 Loyalist Township 5-40 - a converted single unit dwelling house containing a maximum of two residential units All other provisions of the R1 zone apply. 5.11.4.9 Residential Type One Exception Nine (R1-9) Zone By-Law (2004-29) On the lands zoned (R1-9) the following zone provisions shall apply, Notwithstanding the provisions of Section 4.1 of zoning by-law 2001-38, as amended, a garage, with a maximum building area of 62.8m²(676 ft²), may be constructed prior to the establishment of a principle use. Such a garage shall be used for residential purposes only and shall not be used for a home occupation until a dwelling house is built. 5.11.4.10 Residential Type One Exception Ten (R1-10) Zone By-Law (2004-49) On the lands zoned (R1-10) the following zone provisions shall apply, East half of Lot 76, Registered Plan 91, Village of Odessa a) Additional Permitted Non-Residential Use - a parking lot associated with an adjacent funeral home property b) Planting Strip - shall be required along the length of the southerly interior lot line where it abuts a residential zone and shall be installed in accordance with the General Provisions of this by-law. All other provisions of the "R1" Zone remain in effect for this property. 5.11.4.11 Residential Type One Exception Eleven (R1-11) Zone By-Law - 2007-37 On the lands Zoned R1-11 the following provisions apply: a) Front Yard (minimum): 4.0 metres b) Rear Yard (minimum): 6.0 metres c) Garage setback from Front Lot Line (minimum): 6.0 metres d) All other provisions of the R1 zone ZONE PROVISIONS SECTION 5 Loyalist Township 5-41 5.11.4.12 Residential Tvpe One Exception Twelve (R1-12) Zone By-Law - 2007-27 Within the R1-12 Zone the following provisions shall apply: a) Lot Coverage (maximum): 35% plus an additional 5% for accessory building and structures for a single storey single detached dwelling house. b) Lot coverage (maximum): 30% for a single detached dwelling house greater than a single storey in height. c) For the purposes of determining the meaning of single storey a basement or walkout basement shall not be considered a storey. d) All other provisions of the R1 zone pertain. 5.11.4.13 Residential Type One Exception Thirteen (R1-13) Zone By-Law - 2012-068 Within the R1-13 zone an existing seasonal cottage is permitted but at such time the cottage is converted into or replaced by a single detached dwelling house, such dwelling house shall be serviced by municipal water and sanitary sewers in accordance with Section 4.32(b). 5.11.4.14 Residential Type One Exception Fourteen (R1-14) Zone By-Law - 2014-050 Properties within the R1-14 Zone, the following provisions shall apply: a) Permitted Residential Uses - single detached dwelling house - home occupation - public park b) Special Provisions -Maximum height of one detached garage shall be 6.0 metres, all other accessory buildings and structures shall comply with Section 4.1 of this by- law. c) Connection to Municipal Services - Notwithstanding Section 4.32 of this by-law, an existing dwelling may be serviced by a private water system and a private sewage disposal system, but if the existing dwelling is expanded, renovated, or demolished in full or in part and then replaced, the dwelling shall be connected to municipal piped water and municipal piped sewage in accordance with Section 4.32. ZONE PROVISIONS SECTION 5 Loyalist Township 5-42 d) Notwithstanding Section 4.11 of this by-law, the minimum setback from the Lake Ontario 1:100 year floodline shall be 5 metres. e) Minimum Lot Frontage - on private water and private sewer - 20 metres - on municipal water and municipal sewer - 15 metres All other provisions of the Residential Type One (R1) Zone apply ZONE PROVISIONS SECTION 5 Loyalist Township 5-43 5.12 RESIDENTIAL TYPE TWO (R2) ZONE No person shall within any Residential Type Two (R2) Zone use any lot or erect, alter or use any building or structure except as specified hereunder: 5.12.1 USES PERMITTED a) Residential Uses · Single detached dwelling house; · Existing converted dwelling house; · Group Home; and · Home occupation b) Non-residential Uses · Public Park; and · Public use or utility in accordance with the General Provisions of this By-law. c) Accessory Uses Uses, buildings, and structures accessory to any of the permitted uses specified in accordance with the General Provisions of this By-law. 5.12.2 ZONE PROVISIONS FOR SINGLE DETACHED DWELLINGS By-Law- 2011-076 a) Lot Area (minimum) .................................................................... 460 square metres b) Lot Frontage (minimum) ............................................................................ 15 metres c) Yards: i) Front Yard (minimum) .................................................................. 7.5 metres ii) Exterior Side Yard (minimum) ........................................................ 6 metres iii) Interior Side Yard: · 3 metres on one side, 1.2 metres on the other side, plus 0.6 metres on the narrow side for each additional or partial storey above the first, provided, that where a garage or carport is attached to or is within the ZONE PROVISIONS SECTION 5 Loyalist Township 5-44 main building, or the lot is a corner lot, the minimum width of the interior side yard shall be 1.2 metres plus 0.6 metres for each additional or partial storey above the first. The increased side yard requirement does not apply to an attic or loft. iv) Rear Yard (minimum) ................................................................... 7.5 metres d) Dwelling Unit Area (minimum) .................................................... 96 square metres e) Lot Coverage (maximum) ......................................................................... 35 percent f) Setback from Street Centreline: In accordance with the General Provisions of this By-law. g) Number of Dwelling Houses Per Lot (maximum) ...................................................1 h) Height of Buildings (maximum) ........................................................ 10 metres i) Garage Setback from Front Lot Line (minimum) ........................................ 6 metres · In no case shall the garage extend more than 2.0 metres closer to the front lot line than the principle dwelling house on the lot. 5.12.3 GENERAL ZONE PROVISIONS In accordance with Section 4, General Provisions of this By-law. 5.12.4 EXCEPTION PROVISIONS - RESIDENTIAL TYPE TWO (R2) ZONE 5.12.4.1 Residential Type Two Exception One (R2-1) Zone Part of Lot 12, Broken Front Concession, Village of Bath On the lands zoned R2-1 the following zone provisions shall apply: 1) Lot Area (minimum) ........................................................ 420 square metres 2) Lot Coverage (maximum): 40% plus an additional 5% for accessory buildings and structures for a single storey single detached dwelling house. 3) Lot Coverage (maximum): 35% for a single detached dwelling house ZONE PROVISIONS SECTION 5 Loyalist Township 5-45 greater than a single storey in height. 4) For the purposes of determining a single storey, a basement or walkout basement shall not be considered in determining a storey. 5.12.4.2 Residential Type Two Exception Two (R2-2) Zone By-Law 2005-16 Part of Lot 9, Concession 1, Village of Bath On the lands zoned R2-2 the following zone provisions shall apply: a) Exterior Side Yard (minimum) ........................................................ 3 metres b) Garage setback from front lot line (minimum) ................................ 6 metres c) Lot Coverage (maximum) for a dwelling ...............................35% d) Lot Coverage (maximum) for all buildings and structures............41% 5.12.4.3 Residential Type Two Exception Three (R2-3) Zone Part of Lots 8, 9 and 10, Concession 1, Village of Bath On the lands zoned R2-3 the following zone provisions shall apply: a) Lot Frontage (minimum) ............................................................. 16.7 metres b) Exterior Side Yard (minimum) ........................................................ 3 metres 5.12.4.4 Residential Two Exception Four (R2-4) Zone Part of Lots 8, 9 and 10, Concession 1, Village of Bath On the lands zoned R2-4 the following zone provisions shall apply a) Lot Frontage (minimum) ................................................................ 19 metres b) Exterior Side Yard (minimum) ........................................................ 3 metres 5.12.4.5 Residential Type Two Exception Five (R2-5) Zone Within the R2-5 Zone the following provisions shall apply: a) Front yard: (minimum) ............................................................ 3.5 metres (maximum) ............................................................... 8 metres b) Exterior side yard (minimum) ....................................................... 3.5 metres ZONE PROVISIONS SECTION 5 Loyalist Township 5-46 c) Lot Frontage: · The minimum lot frontage requirement shall be calculated at the minimum front yard depth of 6 metres. 5.12.4.6 Residential Type Two Exception Six (R2-6) Zone By-Law (2002-72) By-Law (2002-28) a) Lot Coverage (maximum) 40 percent Within the R2-6 Zone the following provision should apply: Lots 6, 12 and 23, Registered Plan 1193, Village of Bath Notwithstanding the maximum lot coverage provision of the Residential Type Two (R2) Zone, the following provision applies: a) Lot Coverage (maximum) for a dwelling 41% b) Lot Coverage (maximum) for all buildings and structures 46% For the purposes of determining the exterior side yard and garage setback requirements, the R2-2 Zone applies. All other zoning requirements are governed by the R2 Zone and Section 4.0 (General Provisions). 5.12.4.7 Residential Type Two Exception Seven (R2-7) Zone By-Law (2002-72) Within the R2-7 Zone the following provision should apply: Lots 1-5, 7-11, 13-22, 24-48, Registered Plan 1193, Village of Bath Notwithstanding the maximum lot coverage provision of the Residential Type Two (R-2) Zone, the following provisions apply: a) Lot Coverage (maximum) for a dwelling 35% b) Lot Coverage (maximum) for all buildings and structures 40% For the purposes of determining exterior side yard and garage setback requirements, the R2-2 Zone applies. All other requirements are governed by the R2 Zone and Section 4.0 (General Provisions). ZONE PROVISIONS SECTION 5 Loyalist Township 5-47 5.12.4.8 Residential Type Two Exception Eight (R2-8) Zone By-Law (2003-28) Notwithstanding the maximum lot coverage, minimum front yard, and maximum garage extension provisions of the Residential Type Two (R2) Zone, the following provision applies: a) Lot Coverage (maximum) for a dwelling 35% b) Lot Coverage (maximum) for all buildings and structures 41% c) Front Yard (minimum) 6.0 metres d) Garage Setback from Front Lot Line (minimum) 6.0 metres For the purposes of determining all other zone requirements the R2 Zone and Section 4.0 (General Provisions) govern. 5.12.4.9 Residential Type Two Exception Nine (R2-9) Zone By-Law (2004-49) Within the R2-9 Zone the following provision should apply: Lots 204, 205, 206, 207, 209, 210, 211, 212, 213, 214 and 217, Registered Plan 91, Village of Odessa a) Lot Coverage (maximum) 40 percent 5.12.4.10 Residential Type Two Exception Ten (R2-10) Zone By-Law (2005-73) On the lands zoned R2-10 the following provisions shall apply: a) Minimum Front Yard (setback): 4.0 metres b) Maximum Front yard (setback): 8.0 metres c) Minimum Interior Side Yard (setback): 1.2 metres d) Minimum Exterior Side Yard (setback): 4.0 metres e) Maximum Lot Coverage (for all buildings): 37.5% plus an additional 5% for accessory structures. f) Minimum Driveway setback to interior lot line: 0.3 metres All other zoning requirements are governed by the Residential Type Two zone and section 4.0 (General Provisions) apply. ZONE PROVISIONS SECTION 5 Loyalist Township 5-48 5.12.4.11 Residential Type Two Exception Eleven (R2-11) Zone By-Law 2008-65 Notwithstanding the maximum lot coverage, minimum exterior side yard, minimum front yard and maximum garage extension provisions of the Residential Type Two (R2) Zone, the following provisions apply: a) Lot Coverage (maximum) for a dwelling house: 41% b) Lot Coverage (maximum) for all buildings and structures: 46% c) Front Yard (minimum): 6.0 metres d) Garage Setback From Front Lot Line (minimum): 6.0 metres e) Exterior Side Yard (minimum): 3.0 metres All other requirements are governed by the R2 zone and Section 4.0 (General Provisions). 5.12.4.12 Residential Tvpe Two Exception Twelve (R2-12) Zone By-Law 2010-27 Within the R2-12 Zone, the following provisions shall apply: a) Lot Coverage (maximum): 40% plus an additional 5% for accessory buildings and structures for a single storey single detached dwelling house. b) Lot Coverage (maximum): 35% for a single detached dwelling house greater than a single storey in height. c) For the purposes of determining the meaning of single storey, a basement or walkout basement shall not be considered a storey. d) All other provisions of the R2 zone apply. 5.12.4.13 Residential Type Two Exception Thirteen (R2-13) Zone By-Law 2014-80 Within the R2-13 Zone, the following provisions shall apply: 1. Yards: a) Front Yard (minimum): 4.0 metres; b) Interior Side Yard (minimum): 1.2 metres except where there is a dwelling unit without an attached garage, then one of the interior side yards must be 3.0 metres; c) Exterior Side Yard (minimum): 3.0 metres; d) Rear Yard (minimum): 7.5 metres; 2. Dwelling Unit Area (minimum): 96 square metres; 3. Lot Coverage (minimum): 40 percent plus an additional 5 percent for accessory buildings and structures; All other provisions of the Residential Two (R2) Zone apply. ZONE PROVISIONS SECTION 5 Loyalist Township 5-49 5.12.4.14 Residential Type Two Exception Fourteen (R2-14) Zone 2017-97 Within the R2-14 Zone the following provisions shall apply: i) Front Yard (minimum) 6 metres ii) Interior Side Yard (minimum) 1.2 metres iii) Lot Coverage (maximum) 40% for a dwelling, and iv) Lot Coverage (maximum) 45% for all buildings and structures All other provisions of the R2 Zone apply. ZONE PROVISIONS SECTION 5 Loyalist Township 5-50 5.13 RESIDENTIAL TYPE THREE (R3) ZONE No person shall within any Residential Type Three (R3) Zone use any lot or erect, alter or use any building or structure except as specified hereunder: 5.13.1 USES PERMITTED a) Residential Uses · Single detached dwelling house; · Group Home; and · Home Occupation b) Non-residential Uses · Public park; and · Public use or utility in accordance with the General Provisions of this By-law. c) Accessory Uses Uses, buildings, and structures accessory to any of the permitted uses specified in accordance with the General Provisions of this By-law. 5.13.2 ZONE PROVISIONS FOR SINGLE DETACHED DWELLINGS By-Law- 2011-076 a) Lot Area (minimum) .................................................................... 370 square metres b) Lot Frontage (minimum) ............................................................................ 12 metres c) Yards: i) Front Yard (minimum) .................................................................. 7.5 metres ii) Exterior Side Yard (minimum) ........................................................ 6 metres iii) Interior Side Yard: · 3 metres on one side, 1.2 metres on the other side, plus 0.6 metres on the narrow side for each additional or partial storey above the first, ZONE PROVISIONS SECTION 5 Loyalist Township 5-51 · provided, that where a garage or carport is attached to or is within the main building, or the lot is a corner lot, the minimum width of the interior side yard shall be 1.2 metres plus 0.6 metres for each additional or partial storey above the first. The increased side yard requirement does not apply to an attic or loft. iv) Rear Yard (minimum) ................................................................... 7.5 metres d) Dwelling Unit Area (minimum) .................................................... 96 square metres e) Lot Coverage (maximum) ......................................................................... 35 percent f) Setback from Street Centreline: In accordance with the General Provisions of this By-law. g) Number of Dwelling Houses Per Lot (maximum) ...................................................1 h) Height of Buildings (maximum) ........................................................ 10 metres i) Garage Setback from front lot line (minimum) .................................. 6 metres · In no case shall the garage extend more than 2.0 metres closer to the front lot line than the principle dwelling house on the lot. 5.13.3 GENERAL ZONE PROVISIONS In accordance with Section 4, General Provisions of this By-law. 5.13.4 EXCEPTION PROVISIONS - RESIDENTIAL TYPE THREE (R3) ZONE 5.13.4.1 Residential Type Three Exception One (R3-1) Zone By-Law 2005-16 Part of Lots 9 and 10, Concession 1, Village of Bath On the lands zoned R3-1 the following provisions shall apply: a) Garage setback from front lot line (minimum) ................................ 6 metres b) Lot Coverage (maximum) for a dwelling................................35% c) Lot Coverage (maximum) for all buildings and structures............41% ZONE PROVISIONS SECTION 5 Loyalist Township 5-52 5.13.4.2 Residential Type Three Exception Two (R3-2) Zone a) Front yard: (minimum) ................................................... ...3.5 metres (maximum) ......................................................... 8 metres b) Exterior side yard (minimum) ....................................................... 3.5 metres c) Lot Frontage: the minimum lot frontage requirement shall be calculated at the minimum front yard depth of 6 metres. 5.13.4.3 Residential Type Three Exception Three (R3-3) Zone By-Law 2002-71 Part of Lot 42, Broken Front Concession in the geographic Township of Ernestown. Within the R3-3 Zone, the following provisions apply: a) Lot Frontage (minimum for a corner lot) ....................................... 16 metres * For purposes of calculating minimum lot frontage, the lot frontage shall be measured at 7.5 metres from the front lot line. b) Yards: * Front (minimum) .................................................................. 4 metres * Exterior Side Yard (minimum) ............................................ 3 metres * Interior Side Yard (minimum) .......................................... 1.2 metres c) Front Yard for Garage (minimum) 6.0 metres. d) The garage shall not extend closer than 6.0 metres to the front lot line from the principal dwelling on the lot. 5.13.4.4 Residential Type Three Exception Four (R3-4) Zone By-Law (2001-61) By-Law (2002-71) By-Law (2002-92) Within the R3-4 Zone, the following provisions apply: a) Maximum lot coverage - 40% b) Front Yard for Garage (minimum) 6.0 metres. ZONE PROVISIONS SECTION 5 Loyalist Township 5-53 c) The garage shall not extend closer than 6.0 metres to the front lot line from the principal dwelling on the lot. d) Rear Yard (minimum) .................................................................... 15 metres For the purposes of determining the lot frontage, front yard, exterior side yard and interior side yard, the R3-3 Zone applies. All other zoning requirements are governed by the R3 Zone and Section 4.0 (General Provisions). 5.13.4.5 Residential Type Three Exception Five (R3-5) Zone By-Law (2003-2) Within the R3-5 Zone, the following provisions apply: ADDITIONAL PERMITTED RESIDENTIAL USE: - a single unit dwelling house with a single one bedroom apartment All other provisions of the R3-3 and R3 zone apply. 5.13.4.6 Residential Type Three Exception Six (R3-6) Zone By-Law (2003-73) Notwithstanding the maximum lot coverage provision of the Residential Type Three (R3) zone, the following provision applies: a) Lot coverage (maximum) for all buildings and structures: 37.5%. b) Lot coverage (maximum) for additional accessory buildings and structures: 5%. c) Notwithstanding a) and b) of this zone, at no time shall accessory structures, buildings, and uses exceed 10% of the lot area. All other provisions of the Residential Type Three Exception Three (R3-3) zone and the Residential Type Three (R-3) zone remain in force and effect for all properties zoned R3-6. 5.13.4.7 Residential Type Three Exception Seven (R3-7) Zone Within the R3-7 Zone, the following provisions apply: Notwithstanding the minimum rear-yard provision of the Residential Type Three (R3) Zone, the following provision applies: ZONE PROVISIONS SECTION 5 Loyalist Township 5-54 a) Yard: - Rear (minimum): 15 metres For the purposes of determining the lot frontage, front yard, exterior side yard and interior side yard, the R3-3 Zone applies. All other zoning requirements are governed by the R3 zone and section 4.0 (general provisions) a) Yard: - Front for Garage (minimum): 6.0 metres b) The garage shall not extend closer than 6.0 metres to the front lot line from the principal dwelling on the lot. 5.13.4.8 Residential Type Three Exception Eight (R3-8) Zone By-Law 2008-111 "Notwithstanding the minimum yard and floodline setbacks and maximum lot coverage provisions of the Residential Type Three (R3) Zone, the following provisions apply: a) Lot Coverage (maximum)for all buildings and structures 37.5% b) Lot Coverage (maximum) for additional accessory buildings and structures 5% c) Notwithstanding a) and b) of this zone, at no time shall accessory structures, buildings and uses exceed 10% of the lot area. d) Yards: - Front Yard (minimum): 4 metres - Exterior Side Yard (minimum): 3 metres - Interior Side Yard (minimum): 1.2 metres - Rear Yard (minimum): 15 metres - Front Yard for Garage (minimum): 6 metres e) Notwithstanding floodplain setback requirements in Section 4.11, accessory structures, buildings and decks can be erected or altered within 15 metres of a flood plain provided all requirements of the applicable Conservation Authority are met. f) For purposes of calculating minimum lot frontage, the lot frontage shall be measured 7.5 metres from the Front lot line. g) The garage shall not extend closer than 6.0 metres to the Front lot line from the principal dwelling on the lot. All other provisions of the R3 Zone apply." ZONE PROVISIONS SECTION 5 Loyalist Township 5-55 5.13.4.9 Residential Type Three Exception Nine (R3-9) Zone "Notwithstanding the minimum yard and floodplain setbacks and maximum lot coverage provisions of the Residential Type Three (R3) zone, the following provisions apply: a) Lot coverage (maximum) for all buildings and structures: 37.5% b) Lot coverage (maximum) for additional accessory buildings and structures: 5% c) Notwithstanding a) and b) of this zone, at no time shall accessory structures, buildings and uses exceed 10% of the lot area. d) Yards: - Front Yard (minimum) 4 metres - Exterior Side Yard (minimum) 3 metres - Interior Side Yard (minimum) 1.2 metres - Rear Yard (minimum) 12 metres - Front Yard for Garage (minimum) 6 metres e) Notwithstanding floodplain setback requirements in Section 4.11, accessory structures, buildings and decks can be erected or altered within 15 metres of a floodplain provided all requirements of the applicable Conservation Authority are met. f) For purposes of calculating minimum lot frontage, the lot frontage shall be measured 7.5 metres from the Front lot line. g) The garage shall not extend closer than 6.0 metres to the Front lot line from the principal dwelling on the lot. All other provision of the R3 zone apply." 5.13.4.10 Residential Type Three Exception Ten (R3-10) Zone "Notwithstanding the minimum yard and minimum lot frontage provisions of the Residential Type Three (R3) zone, the following provisions apply: a) Lot Frontage (minimum): 10 metres b) Yards: - Interior Side Yard (minimum): 1.2 metres - Front Yard (minimum): 4 metres - Exterior Side Yard (minimum): 3 metres - Rear Yard (minimum): 7.5 metres - Front Yard for Garage (minimum): 6.0 metres c) For the purposes of calculating minimum lot frontage, the lot frontage shall be measured ZONE PROVISIONS SECTION 5 Loyalist Township 5-56 7.5 metres from the front lot line. d) All other provisions of the R3 zone apply. 5.13.4.11 Residential Type Three Exception Eleven (R3-11) Zone 2010-27 Within the R3-11 Zone, the following provisions shall apply: a) Lot Coverage (maximum): 40% plus an additional 5o/o for accessory buildings and structures for a single storey single detached dwelling house. b) Lot Coverage (maximum): 35% for a single detached dwelling house greater than a single storey in height. c) For the purposes of determining a single storey, a basement or walkout basement shall not be considered a storey. 5.13.4.12 Residential Type Three Exception Twelve (R3-12) Zone 2010-106 Within the R3-12 Zone, the following provisions shall apply: a) Lot Coverage (maximum): 40% plus an additional 5% for accessory buildings and structures. b) Front Yard (minimum): 6 metres c) Exterior Side Yard (minimum): 3 metres d) lnterior Side Yard (minimum): 3 metres on one side, 1.2 metres on the other side, provided that where the garage or carport is attached to or is within the main building, or the lot is a corner lot, the minimum width of the interior side yard shall be 1.2 metres. All other provisions of the R3 zone apply. 5.13.4.14 Residential Type Three Exception Fourteen (R3-14) Zone 2011-074 Within the R3-14 Zone, the following provisions shall apply: a) Lot Coverage (maximum): 41% plus an additional 4% for accessory buildings and structures. b) Notwithstanding a) of this zone, at no time shall accessory structures, buildings and uses exceed 10% of the lot area. c) Lot Area (minimum): 370 square metres d) Front Yard (minimum): 4 metres e) Exterior Side Yard (minimum): 3 metres f) Interior Side Yard (minimum): 1.2 metres ZONE PROVISIONS SECTION 5 Loyalist Township 5-57 g) Front Yard for garage (minimum): 6.0 metres h) The garage shall not extend closer than 6.0 metres to the front lot line from the principal dwelling on the lot. i) Rear Yard (minimum): 7.5 metres j) Lot Frontage (minimum): 12 metres k) Dwelling Unit Area (minimum): 96 square metres l) Number of Dwelling Houses per Lot (maximum): 1 m) Height of Buildings (maximum): 10 metres n) For the purposes of applying Section 4.40(b) of this zoning by-law, related to unenclosed porches, balconies, and steps (such structure including a deck), may project into the required rear yard a maximum distance of 2.4 metres. All other restrictions in 4.40(b) remain in force for a front yard, distance to any lot line other than a rear lot line and provisions related to floodplains and high water marks. All other provisions of the R3 zone apply. 5.13.4.15 Residential Type Three Exception Fifteen (R3-15) Zone 2013-016 Within the R3-15 Zone, the following provisions shall apply: 1. Lot Area (minimum): 300 square metres; 2. Lot Frontage (minimum): 10 metres; 3. Yards: a) Front Yard (minimum): 4.0 metres b) Interior Side Yard (minimum): 1.2 metres except where there is a dwelling unit without an attached garage, then one of the interior side yards must be 3.0 metres; c) Exterior Side Yard (minimum): 3.0 metres d) Rear Yard (minimum): 7.5 metres 4. Dwelling Unit Area (minimum) 96 square metres 5. Lot Coverage (maximum): 40 percent plus an additional 5 percent for accessory buildings and structures; 6. Setback from Street Centreline: In accordance with the General Provisions of this By-Law; 7. Height of Buildings (maximum): 10 metres; 8. Number of Dwelling Houses Per Lot (minimum): 1 9. Garage Setback from Front lot line (minimum): 6.0 metres All other provisions of the R3 zone apply. ZONE PROVISIONS SECTION 5 Loyalist Township 5-58 5.13.4.16 Residential Type Three Exception Sixteen (R3-16) Zone By-Law 2014-079 Within the R3-16 Zone, the following provisions shall apply: 1. Lot area (minimum): 330 square metres; 2. Lot Frontage (minimum): 11 metres, except a corner lot shall be a minimum of 13.2 metres; 3. Yards: a) Front Yard (minimum): 4.0 metres; b) Interior Side Yard (minimum): 1.2 metres except an attached garage can be 0.9 metres, and except where there is a dwelling unit without an attached garage, then one of the interior side yards must be 3.0 metres and the other 1.2 metres; c) Exterior Side Yard (minimum): 3.0 metres; d) Rear Yard (minimum): 7.5 metres; e) Dwelling Unit Area (minimum): 96 square metres; f) Lot Coverage (maximum): 43 percent plus an additional 5 percent for accessory buildings and structures; g) Setback from Street Centreline: In accordance with the General Provisions of this By-law; h) Height of Buildings (maximum): 10 metres; i) Number of Dwelling Houses Per Lot (minimum): 1; j) Garage Setback from Front Lot Line (minimum: 6.0 metres. All other provisions of the Residential Three (R3) Zone apply." 5.13.4.17 Residential Type Three Exception Seventeen (R3-17) Zone 2015-080 For lands within the R3-17 zone, the zone provisions of the R3-6 zone apply except that the maximum lot coverage shown as 37.5%in clause a) shall instead be 44% for lands zoned R3-17. 5.13.4.18 Residential Type Three Exception Eighteen (R3-18) Zone 2017-071 Within the R3-18 Zone, the following zone provisions shall apply: 1. Permitted Uses: a) Residential Uses: Single detached dwelling house; Group home; ZONE PROVISIONS SECTION 5 Loyalist Township 5-59 Home Occupation; and Accessory Uses 2. Zone Provisions: No person shall within the R3-18 zone use any lot or erect, after or use any building or structures except in accordance with the following provisions: a) Lot Area (minimum)..................................400 square metres b) Lot Frontage (minimum)...............................12.0 metres c) Yards: i. Front Yard (minimum)..................................4.0 metres ii. Exterior Side Yard (minimum).........................3.0 metres iii. Interior Side Yard (minimum)..........................1.2 metres Where a garage or carport is not provided, the minimum interior side yard shall be 3.0 metres. iv. Rear Yard (minimum)...................................7.5 metres d) Dwelling Unit area (minimum)...................96.0 square metres e) Lot Coverage (maximum)................48% plus an additional 8% for accessory structures/buildings; f) Height of buildings (maximum)..............................10 metres g) Garage Setback from front lot line (minimum)............6.0 metres All other provisions of the Residential Type Three (R3) Zone apply. 5.13.4.19 Residential Type Three Exception Nineteen (R3-19) Zone 2017-097 Within the R3-19 Zone the following provisions shall apply: i) Front Yard (minimum) 6 metres ii) Interior Side Yard (minimum) 1.2 metres iii) Lot Coverage (maximum) 40% for a dwelling, and iv) Lot Coverage (maximum) 45% for all buildings and structures All other provisions of the R3 Zone apply. 5.13.4.20 Residential Type Three Exception Twenty (R3-20) Zone 2018-075 Within the R3-20 Zone the following provisions shall apply: i) Lot Frontage (minimum) 11 metres ZONE PROVISIONS SECTION 5 Loyalist Township 5-60 ii) Front Yard (minimum) 6 metres iii) Interior Side Yard (minimum) 1.2 metres iv) Exterior Side Yard (minimum) 3 metres v) Lot Coverage (maximum) 40% for a dwelling, and vi) Lot Coverage (maximum) 45% for all buildings and structures All other provisions of the R3 Zone apply. 5.13.4.21 Residential Type Three Exception Twenty-One (R3-21) Zone 2018-075 Within the R3-21 Zone the following provisions shall apply: v) Lot Frontage (minimum) 13.4 metres vi) Front Yard (minimum) 6 metres vii) Interior Side Yard (minimum) 1.2 metres viii) Exterior Side Yard (minimum) 3 metres ix) Lot Coverage (maximum) 40% for a dwelling, and x) Lot Coverage (maximum) 45% for all buildings and structures All other provisions of the R3 Zone apply. 5.13.4.22 Residential Type Three Exception Twenty Two (R3-22) Zone 2017-097 Within the R3-22 Zone the following provisions shall apply: i) Lot Frontage (minimum) 11 metres ii) Front Yard (minimum) 6 metres iii) Interior Side Yard (minimum) 1.2 metres iv) Lot Coverage (maximum) 40% for a dwelling, and v) Lot Coverage (maximum) 45% for all buildings and structures All other provisions of the R3 Zone apply. ZONE PROVISIONS SECTION 5 Loyalist Township 5-61 5.14 RESIDENTIAL TYPE FOUR (R4) ZONE No person shall within any Residential Type Four (R4) Zone use any lot or erect, alter or use any building or structure except as specified hereunder: 5.14.1 USES PERMITTED a) Residential Uses * Single detached dwelling house; * Semi-detached dwelling house; * Duplex dwelling house; * Group Home; * Home Occupation b) Non-residential Uses * Public park; and * Public use or utility in accordance with the General Provisions of this By-law. c) Accessory Uses Uses, buildings and structures accessory to any of the permitted uses specified in accordance with the General Provisions of this By-law. 5.14.2 PROVISIONS FOR SINGLE DETACHED DWELLINGS a) Lot Area (minimum) .................................................................... 370 square metres b) Lot Frontage (minimum) ............................................................................ 12 metres c) Yards: i) Front Yard (minimum) .................................................................. 7.5 metres ii) Exterior Side Yard (minimum) ...................................................... 6.0 metre iii) Interior Side Yard: · 3 metres on one side, 1.2 metres on the other side, plus 0.6 metres on the narrow side for each additional or partial storey above the first, ZONE PROVISIONS SECTION 5 Loyalist Township 5-62 provided, that where a garage or carport is attached to or is within the main building, or the lot is a corner lot, the minimum width of the interior side yard shall be 1.2 metres plus 0.6 metres for each additional or partial storey above the first. The increased side yard requirement does not apply to an attic or a loft. iv) Rear yard (minimum) .................................................................... 7.5 metres d) Garage Setback from Front Lot Line (minimum) ........................................ 6 metres * In no case shall the garage extend more than 2.0 metres closer to the front lot line than the principle dwelling house on the lot. 5.14.3 PROVISIONS FOR SEMI-DETACHED AND DUPLEX DWELLING 2011-076 a) Lot Area (minimum): i) Semi-detached dwelling house......................................... 550 square metres Semi-detached dwelling unit ............................................ 270 square metres ii) Duplex dwelling house .................................................... 550 square metres b) Lot Frontage (minimum): i) Semi-detached dwelling house....................................................... 18 metres Semi-detached dwelling unit ......................................................... 8.8 metres ii) Duplex dwelling house .................................................................. 18 metres c) Yards: i) Front Yard (minimum) .................................................................. 7.5 metres ii) Exterior Side Yard (minimum) ..................................................... 6.0 metres iii) Interior Side Yard: Semi-detached dwelling house: * 3 metres for the side that is not attached provided that where a ZONE PROVISIONS SECTION 5 Loyalist Township 5-63 garage or carport is attached to or is within the main building, the minimum width of the interior side yard shall be 1.2 metres plus 0.6 metres for each additional or partial storey above the first. * Where a pair of semi-detached dwelling units are only connected at some point below ground level, the minimum horizontal distance between such dwelling units shall not be less than 1.8 metres. No windows to habitable rooms shall be permitted on exterior walls facing the dwelling unit to which it is connected. Duplex dwelling house 4 metres on one side and 1.8 metres on the other side where there is no attached private garage or carport, plus 0.6 metres on the narrow side for each additional or partial storey above the second. Where a garage or carport is attached to or is within the main building, or the lot is a corner lot, the minimum width of the interior side yard shall be 1.8 metres plus 0.6 metres for each additional or partial storey above the second. iv) Rear Yard (minimum) ................................................................... 7.5 metres d) Dwelling Unit Area (minimum) ........................ 84 square metres per dwelling unit e) Lot Coverage (maximum) ......................................................................... 35 percent f) Setback from Street Centreline: In accordance with the General Provisions of this By-law. g) Number of Dwelling Houses Per Lot (maximum) ...................................................1 h) Number of Dwelling Units Per Lot (maximum) ......................................................2 i) Height of Buildings (maximum) ........................................................ 10 metres j) Garage Setback from Front Lot Line (minimum) .................................. 6 metres · In no case shall the garage extend more than 2.0 metres closer to the front lot line than the principle dwelling house on the lot. ZONE PROVISIONS SECTION 5 Loyalist Township 5-64 5.14.4 GENERAL ZONE PROVISIONS In accordance with Section 4, General Provisions of this By-law. 5.14.5 EXCEPTION PROVISIONS - RESIDENTIAL TYPE FOUR (R4) ZONE 5.14.5.1 Residential Type Four Exception One (R4-1) Zone Part of Lots 36 and 37 Broken Front Concession On the lands zoned R4-1 the following zone provisions shall apply: a) Permitted Uses: i) Semi-detached or duplex dwelling house; ii) Single detached dwelling house; iii) Home Occupation b) Provisions for Semi-detached and Duplex dwelling houses i) Lot Frontage (minimum) ...................................................... 9 metres ii) Interior Side Yard (minimum): * Minimum width for the side that is not attached to the other dwelling house shall be 3.6 metres provided that where a garage or carport is attached to or within the main building the minimum width of the interior side yard shall be 1.2 metres plus 0.6 metres for each additional or partial storey above the second. iii) Lot Coverage (maximum) ................................................. 50 percent c) Provisions for Single Detached dwelling houses: i) Lot Area (minimum) ............................................ 275 square metres ii) Lot Frontage (minimum) ...................................................... 9 metres ZONE PROVISIONS SECTION 5 Loyalist Township 5-65 iii) Yards (minimum): a) Interior Side Yard .................................................. 3.6 metres Where a garage or carport is attached to or is within the main building, the minimum width of the interior side yard shall be 1.2 metres plus 0.6 metres for each additional or partial storey above the second. iv) Dwelling Unit Area (minimum) ............................. 84 square metres v) Lot Coverage (maximum) ................................................ 50 percent vi) Setback from Street Centreline: In accordance with the General Provisions of this By-law. vii) Height of Buildings (maximum) ........................................ 10 metres All other provisions of the R4 zone pertain. 5.14.5.2 Residential Type Four Exception Two (R4-2) Zone Within the R4-2 Zone the following provisions shall apply: a) Single detached dwellings: i) Front yard: (minimum) ................................................. 3.5 metres (maximum) ................................................... 8 metres ii) Exterior side yard (minimum) ........................................... 3.5 metres iii) Lot Frontage: * The minimum lot frontage requirement shall be calculated at the minimum front yard depth of 6 metres. b) Semi detached and duplex dwellings: i) Front yard: (minimum) ................................................. 3.5 metres (maximum) ................................................... 8 metres ii) Exterior side yard (minimum) ........................................... 3.5 metres ZONE PROVISIONS SECTION 5 Loyalist Township 5-66 iii) Lot Frontage: * The minimum lot frontage requirement shall be calculated at the minimum front yard depth of 6 metres. All other provisions of the R4 zone pertain. 5.14.5.3 Residential Type Four Exception Three (R4-3) Zone By-Law (2005-120) By-Law (2009-14) By-Law (2014-09) a) Lot Coverage (maximum): 45% plus an additional 5% for accessory buildings and structures. b) Front Yard (minimum): 3.5 metres (maximum): 8.5 metres c) Interior Side Yard (minimum): 1.2 metres d) Exterior Side Yard (minimum): 6.0 metres e) Garage Setback from Front Lot Line (minimum): 6 metres - In no case shall the garage extend more than 2.0 metres closer to the front lot line than the principle dwelling house on the lot. All other provisions of the R4 zone pertain. 5.14.5.4 Residential Type Four Exception Four (R4-4) Zone 2005-120 On property zoned R4-4 found on McKeown Crescent and Clifford Street, the following special interior side yard setback shall apply: i) Interior side yard setback (minimum) for a deck for a semi-detached dwelling house only: Minimum width for the side that is attached to another dwelling house shall be 0.3 metres and the minimum width for the side that is not attached to the other dwelling house shall be 1.2 metres. All other provisions of the R4-1 zone apply. 5.14.5.5 Residential Type Four Exception Five (R4-5) Zone By-Law (2010-106) Within the R4-5 Zone, the following provisions shall apply: a) Lot Coverage (maximum): 40% plus an additional 5% for accessory buildings and structures. b) Front Yard (minimum): 6 metres c) Exterior Side Yard (minimum): 3 metres d) Interior Side Yard (minimum): 3 metres on one side, 1.2 metres on the other side, provided that where a garage or carport is attached to, or is within the main buildings, or the lot is a corner lot, the minimum width of the interior side yard shall be 1.2 metres. ZONE PROVISIONS SECTION 5 Loyalist Township 5-67 All other provisions of the R4 zone apply. 5.14.5.6 Residential Type Four Exception Six (R4-6) Zone 2013-072 For the property described as Plan 91, Lot 255, Part 2 on Reference Plan 29R- 5809, the following provisions apply; a) Provisions for Semi-detached dwelling houses i) Front Lot Line: Notwithstanding the definition of Front Lot Line, Cross Street is deemed to be the Front Lot Line. ii) Rear Yard (minimum): 4.5 metres iii) Front Yard (minimum): 4.2 metres iv) Dwelling Unit Area (minimum): 72 square metres v) Garage Setback from Front Lot Line (minimum): 5 metres vi) Section 4.33.1, centreline setback not applicable. All other provisions and uses of the Residential Type Four (R4) Zone apply. 5.14.5.7 Residential Type Four Exception Seven (R4-7) Zone 2013-85 For the property described as Part of Lot 40, Concession Broken Front, Parts 8 to 11 on Reference Plan 29R-6019, the following provisions apply: Permitted Residential Uses -Single detached dwelling house - Semi-detached dwelling house -Home occupation -Group home Non-residential and accessory uses are allowed in accordance with the R4 zone. Number of dwelling houses on one lot: one single detached dwelling house and one semi-detached dwelling house (maximum of two semi-detached dwelling units). All other provisions of the Residential Type Four (R4) Zone apply. 5.14.5.8 Residential Type Four Exception Eight (R4-8) Zone By-Law 2014-114 By-Law 2015-70 Within the R4-8 Zone, the following provisions shall apply: 1. Uses Permitted: a) Residential uses - Single detached dwelling house ZONE PROVISIONS SECTION 5 Loyalist Township 5-68 - Semi-detached dwelling house - Home occupation b) Non Residential Uses - A public park - A public use or utility in accordance with the General Provisions of this by-law. 2. Zone Provisions: No person shall within the R4-8 zone use any lot or erect, after or use any building or structures except in accordance with the following provisions: a. Lot Frontage (Minimum) Corner Lot Other Lot Single Detached dwelling house 13.2 metres 10.0 metres Semi-detached dwelling house 19.5 metres 15.0 metres Semi-detached dwelling unit 12.0 metres 7.5 metres For the purposes of calculating minimum lot frontage, the lot frontage shall be measured7.5 metres from the front lot line. b. Front yard (minimum): 4.0 metres c. Front yard for garage (minimum): 6.0 metres d. Exterior side yard (minimum): 3.0 metres e. Rear Yard (minimum): 7.5 metres f. Lot Area (minimum): - Single detached dwelling unit: 320 square metres - Semi-detached dwelling house: 480 square metres - Semi-detached dwelling unit: 240 square metres g. Lot Coverage (maximum): - Single detached dwelling house - 48% plus 8% for accessory structures and buildings - Semi-detached dwelling house - 48% plus 8% for accessory structures/buildings h. Setback for garage: In no case shall the garage extend more than 2.0 metres closer to the front lot line than the principal dwelling on the lot. i) interior side yard (minimum): 3 metres on one side, 1.2 metres on the other side, provided that where a garage or carport is attached to, or is within the main building, or the lot is a corner lot, the minimum width of the interior side yard shall be 1.2 metres. j) For the purposes of Section 4.40 (b) of this by-law, the 1.5 metre maximum projection provision that applies to rear and front yards shall also be deemed to apply to exterior side yards for properties zoned as Residential Type Four ZONE PROVISIONS SECTION 5 Loyalist Township 5-69 Exception Eight. All other provisions of the Residential Type Four (R4) Zone apply. 5.14.5.9 Residential Type Four Exception Nine (R4-9) Zone 2005-120, 2009-14 2013-116, 2014-09 Within the R4-9 Zone the following provisions apply: 1. Front yard ...................................3.5 m 2. Exterior side yard .........................3.5 m 3. Rear Yard ...................................6.0 m 4. Setback from centreline of road...... 9.5 m total 5. Garage setback from front lot line ...5.7 m 6. Parking space length ....................5.7 m 5.14.5.9 Residential Type Four Exception Nine (R4-9) Zone On property zoned R4-9 found on McKeown Crescent and Clifford Street, the following special interior side yard setback shall apply: i) Interior side yard setback (minimum) for a deck for a semi-detached dwelling house only: Minimum width for the side that is attached to another dwelling house shall be 0.3 metres and the minimum width for the side that is not attached to the other dwelling house shall be 1.2 metres. All other provisions of the R4 zone apply. 5.14.5.10 Residential Type Four Exception Ten (R4-10) Zone: By-Law (2014-079) Within the R4-10 Zone, the following provisions shall apply: 1. Uses Permitted a) Residential Uses - Single detached dwelling house; - Semi-detached dwelling house; and - Home occupation b) Non-Residential uses and accessory uses in accordance within the R4 Zone. ZONE PROVISIONS SECTION 5 Loyalist Township 5-70 2. Zone Provisions - Semi-Detached Dwelling House a) Lot Frontage (minimum) for a semi-detached dwelling house: 15.5 metres Lot Frontage (minimum) for semi-detached dwelling unit: 7.5 metres except a corner unit shall be a minimum of 12.0 metres b) Yards (minimum): i) Front Yard: 4.0 metres; ii) Exterior Side Yard: 3.0 metres; iii) Interior Side Yard: 1.2 metres on one side, 0 metres on the other side, however where there is no attached garage then one side shall be 3.0 metres; iv) Rear Yard: 7.5 metres; c) Dwelling Unit Area (minimum): 96 square metres; d) Lot Area (minimum) for a semi-detached dwelling house: 495 m2 Lot Area (minimum) for a semi-detached dwelling unit: 245 m2 e) Lot Coverage (maximum): 43 percent plus an additional 5 percent for accessory buildings and structures; f) Height of Buildings (maximum): 10 metres; g) Garage setback from front lot line (minimum) 6.0 metres for a semi- detached. 3. Zone Provisions - Single Detached Dwelling House a) Lot Frontage (minimum): 9.0 metres except a corner lot shall have a minimum frontage of 13.2 metres; b) Lot Area (minimum): 300 metres; c) Yards (minimum) i) Front Yard: 4.0 metres; ii) Exterior Side Yard: 3.0 metres; iii) Interior Side Yard: 1.2 metres except where there is a dwelling unit without an attached garage, then one of the interior side yards must be 3.0 metres; iv) Rear Yard: 7.5 metres; d) Dwelling unit Area (minimum): 96 square metres e) Lot Coverage Dwelling Unit (maximum): 43 percent plus an additional 5 percent for accessory buildings and structures f) Height of Buildings: 10 metres g) Garage setback from front Lot Line (minimum): 6.0 metres All other provisions of the Residential Four (R4) Zone apply. ZONE PROVISIONS SECTION 5 Loyalist Township 5-71 5.14.5.11 Residential Type Four Exception Eleven (R4-11) Zone: 2017-071 Within the R4-11 Zone, the following zone provisions shall apply: 1. Permitted Uses: a) Residential Uses: Semi-detached dwelling house; Group home; Home Occupation; and Accessory Uses 2. Zone Provisions for Semi-detached dwellinq house: a) Lot Area (minimum) i) Semi-detached dwelling house...............................................480 square metres ii) Semi-detached dwelling unit area (minimum).................96 square metres iii) Lot Frontage (minimum).....................................................7.5 metres b) Yards i) Front Yard (minimum)................................................4.0 metres ii) Exterior Side Yard (minimum) ...................................3.0 metres iii) Interior Side Yard (minimum)..................................... 1.2 metres iv) Rear Yard (minimum) ..............................................7.5 metres c) Lot Coverage (maximum) ............................................48% plus an additional 8% for accessory structures/buildings; d) Height of Buildings (maximum) .............................................. 10 metres; e) Setback for garage: 6.0 metres and in no case shall the garage extend more than 3.0 metres closer to the front lot line than the principal dwelling on the lot. All other provisions of the Residential Type Four (R4) Zone apply. 5.14.5.12 Residential Type Four Exception Twelve (R4-12) Zone: 2017-097 Within the R4-12 Zone, the following provisions apply to semi-detached units: i) Front Yard (minimum) 6.0 metres ii) Interior Side Yard (minimum) 1.2 metres iii) Lot Coverage (maximum) 40% for a dwelling iv) Lot Coverage (maximum) 45% for all buildings and structures ZONE PROVISIONS SECTION 5 Loyalist Township 5-72 All other provisions of the Residential Type Four (R4) Zone apply.. 5.14.5.13 Residential Type Four Exception Thirteen (R4-13) Zone: 2018-075 Within the R4-13 Zone, the following provisions apply to semi-detached units: v) Front Yard (minimum) 6.0 metres vi) Interior Side Yard (minimum) 1.2 metres vii) Lot Coverage (maximum) 40% for a dwelling viii) Lot Coverage (maximum) 45% for all buildings and structures All other provisions of the Residential Type Four (R4) Zone apply. ZONE PROVISIONS SECTION 5 Loyalist Township 5-73 5.15 RESIDENTIAL TYPE FIVE (R5) ZONE No person shall within any Residential Type Five (R5) Zone use any lot or erect, alter or use any building or structure except as specified hereunder: 5.15.1 USES PERMITTED a) Residential Uses * Boarding or lodging house; * Existing converted dwelling house; * Triplex dwelling house; * Fourplex dwelling house; * Streetfront dwelling house; * Low rise apartment dwelling house; * Row or cluster dwelling houses; * Maisonette dwelling houses; and * Home Occupation in a Streetfront or a Row dwelling house. b) Non-Residential Uses: * Public park; and * Public use or utility in accordance with the General Provisions of this By-law. c) Accessory Uses Uses, buildings and structures accessory to any of the permitted uses specified in accordance with the General Provisions of this By-law. 5.15.2 TRIPLEX DWELLING HOUSE By-Law-2011-076 a) Lot Area (minimum) .................................................................... 740 square metres b) Lot Frontage (minimum) ............................................................................ 20 metres c) Yards: i) Front Yard (minimum) .................................................................. 7.5 metres ii) Exterior Side Yard (minimum) ........................................................ 6 metres ZONE PROVISIONS SECTION 5 Loyalist Township 5-74 iii) Interior Side Yard: * 5 metres on one side, and 1.8 metres on the other side where there is not attached private garage or carport, plus 0.6 metres on the narrow side for each additional or partial storey above the second, provided that where a garage or carport is attached to or is within the main building, or the lot is a corner lot, the minimum width of the interior side yard shall be 1.8 metres plus 0.6 metres for each additional or partial storey above the second. iv) Rear Yard (minimum) .................................................................... 10 metres d) Dwelling Unit Area (minimum) ........................ 84 square metres per dwelling unit e) Lot Coverage (maximum) ......................................................................... 35 percent f) Setback from Street Centreline: In accordance with the General Provisions of this By-law. g) Number of Dwelling Houses Per Lot (maximum) ...................................................1 h) Number of Dwelling Units Per Lot (maximum) ......................................................3 i) Height of Buildings (maximum) ........................................................ 10 metres j) Garage Setback from Front Lot Line (minimum) ........................................ 6 metres · In no case shall the garage extend more than 2.0 metres closer to the front lot line than the principle dwelling house on the lot. 5.15.3 FOURPLEX DWELLING HOUSE a) Lot Area (minimum) .................................................................... 930 square metres b) Lot Frontage (minimum) ............................................................................ 30 metres c) Yards (minimum): i) Front Yard ..................................................................................... 7.5 metres ii) Exterior Side Yard ........................................................................... 6 metres ZONE PROVISIONS SECTION 5 Loyalist Township 5-75 iii) Interior Side Yard ............................................................................. 3 metres iv) Rear Yard ....................................................................................... 10 metres d) Dwelling Unit Area (minimum): i) Bachelor dwelling unit ....................................................... 37 square metres ii) One bedroom dwelling unit ............................................... 56 square metres iii) Two bedroom dwelling unit ............................................... 70 square metres iv) Three bedroom dwelling unit ............................................. 80 square metres v) More than three bedrooms ......................................... 80 square metres plus 9 square metres per bedroom in excess of three e) Lot Coverage (maximum) ......................................................................... 35 percent f) Setback from Street Centreline: In accordance with the General Provisions of this By-law. g) Number of Dwelling Houses Per Lot (maximum) ...................................................1 h) Number of Dwelling Units Per Lot (maximum) ......................................................4 i) Height of Buildings (maximum) ........................................................ 12 metres j) Garage Setback from Front Lot Line (minimum) ........................................ 6 metres · In no case shall the garage extend more than 2.0 metres closer to the front lot line than the principle dwelling house on the lot. 5.15.4 BOARDING OR LODGING HOUSE AND CONVERTED DWELLING HOUSE a) Lot Area (minimum) .................................................................... 700 square metres b) Lot Frontage (minimum) ............................................................................ 24 metres c) Yards: i) Front Yard (minimum) .................................................................. 7.5 metres ii) Exterior Side Yard (minimum) ........................................................ 6 metres ZONE PROVISIONS SECTION 5 Loyalist Township 5-76 iii) Interior Side Yard: 5 metres on one side, and 3.0 metres on the other side plus 0.6 metres on the narrow side for each additional or partial storey above the third, provided that where three garages and/or carports are attached to and/ or are within the main building or the lot is a corner lot, the minimum width of the interior side yard or yards shall be 3.0 metres plus 0.6 metres for each additional or partial storey above the third. iv) Rear Yard (minimum) ................................................................... 7.5 metres d) Dwelling Unit Area (minimum): i) One guest room .................................................................. 93 square metres ii) Two guest rooms .............................................................. 116 square metres iii) Three guest rooms ............................................................ 139 square metres iv) Four guest rooms .............................................................. 162 square metres e) Lot Coverage (maximum) ......................................................................... 35 percent f) Setback from Street Centreline: In accordance with the General Provisions of this By-law. g) Number of Dwelling Houses Per Lot (maximum) ...................................................1 h) Number of Guest Rooms Per Lot (maximum) .........................................................4 i) Height of Buildings (maximum) ........................................................ 10 metres j) Garage Setback from Front Lot Line (minimum) ........................................ 6 metres In no case shall the garage extend more than 2.0 metres closer to the front lot line than the principle dwelling house on the lot. 5.15.5 STREETFRONT, ROW OR MAISONETTE DWELLING HOUSES By-Law-2011-076 a) Lot Area (minimum): ZONE PROVISIONS SECTION 5 Loyalist Township 5-77 i) Where a dwelling unit has only one wall attached to an adjoining unit and the lot is not a corner lot, ......... 240 square metres ii) Where a dwelling unit has two walls attached to adjoining units, ................................................................. 200 square metres iii) Where the dwelling unit has only one wall attached to an adjoining unit and the lot is a corner lot, ................. 310 square metres b) Lot Frontage (minimum): i) Row house dwelling house ............................................................ 10 metres ii) Where a streetfront townhouse unit has only one wall attached to an adjoining unit and the lot is a corner lot ................. 10 metres iii) All other streetfront townhouses ...................................................... 6 metres c) Yards (minimum): i) Front Yard ..................................................................................... 7.5 metres ii) Exterior Side Yard ........................................................................ 6.0 metres iii) Interior Side Yard ............................................................................. 2 metres iv) Rear Yard ...................................................................................... 7.5 metres d) Maximum number of Streetfront Townhouses having common walls: Three or more dwelling units but not exceeding six dwelling units may be erected having common walls. e) Dwelling Unit Area (minimum) ........................ 84 square metres per dwelling unit f) Lot Coverage (maximum) ......................................................................... 40 percent g) Setback from Street Centreline: In accordance with the General Provisions of this By-law. h) Number of Dwelling Houses Per Lot ... ..................................................................1 i) Number of Dwelling Units Per Lot 1. For Row Housing dwelling houses 60 per net hectare ZONE PROVISIONS SECTION 5 Loyalist Township 5-78 2. For Street Front townhouse dwelling units (maximum) 1 per lot j) Height of Buildings (maximum) ........................................................ 10 metres k) Garage Setback from Front Lot Line (minimum) ........................................ 6 metres · In no case shall the garage extend more than 2.0 metres closer to the front lot line than the principle dwelling house on the lot. 5.15.5A LOW RISE APARTMENT DWELLING HOUSE By-Law 2011-076 a) Lot Area (minimum)......................................................1000 square metres b) Lot Frontage (minimum)..............................................................24 metres c) Yards (minimum): i) Front Yard...........................................................7.5 metres ii) Exterior Side Yard...................................................7.5 metres iii) Interior Side Yard...................................................7.5 metres iv) Rear Yard............................................................7.5 metres d) Gross Floor Area per dwelling Unit (minimum) i) One Bedroom Dwelling Unit...............................56 square metres ii) Two Bedroom Dwelling Unit...............................70 square metres iii) Three Bedroom Dwelling Unit..............................84 square metres iv) More than Three Bedroom Dwelling Unit.......................................84 square metres plus 9 square metres for each bedroom in excess of three e) Lot Coverage (maximum).....................................................35 percent - all buildings and structures f) Landscaped Open Space (minimum).............................................35 percent g) Number of Apartment Units per Lot (maximum)...............50 units per net hectare h) Height of Buildings (maximum)......................................................9 metre i) PLANTING STRIP REQUIREMENT Where the interior or exterior side lot line or rear lot line of an Urban Residential Type Five (R5) zone abuts another residential zone of lower density, an area adjoining such abutting lot ZONE PROVISIONS SECTION 5 Loyalist Township 5-79 line shall be used for no other purpose than a planting strip in accordance with the general provisions of this by-law. 5.15.6 GENERAL ZONE PROVISIONS In accordance with Section 4, General Provisions, of this By-law. 5.15.7 EXCEPTION PROVISIONS - RESIDENTIAL TYPE FIVE (R5) ZONE 5.15.7.1 Residential Type Five Exception One (R5-1) Zone Within the R5-1 Zone the following provisions shall apply: a) Triplex dwelling house: i) Front yard: (minimum) ................................................ 3.5 metres (maximum) ................................................... 8 metres ii) Exterior side yard (minimum) ........................................... 3.5 metres iii) Lot Frontage: * The minimum lot frontage requirement shall be calculated at the minimum front yard depth of 6 metres. b) Fourplex dwelling house: i) Front yard: (minimum) ................................................ 3.5 metres (maximum) ................................................... 8 metres ii) Exterior side yard (minimum) ........................................... 3.5 metres iii) Lot Frontage: * The minimum lot frontage requirement shall be calculated at the minimum front yard depth of 6 metres. c) Boarding or lodging house and converted dwelling house: ZONE PROVISIONS SECTION 5 Loyalist Township 5-80 i) Front yard: (minimum) ................................................ 3.5 metres (maximum) ................................................... 8 metres ii) Exterior side yard (minimum) ........................................... 3.5 metres iii) Lot Frontage: * The minimum lot frontage requirement shall be calculated at the minimum front yard depth of 6 metres. d) Streetfront, row or maisonette dwelling house: i) Front yard: (minimum) ................................................. 3.5 metres (maximum) ................................................... 8 metres ii) Exterior side yard (minimum) ........................................... 3.5 metres iii) Lot Frontage: * The minimum lot frontage requirement shall be calculated at the minimum front yard depth of 6 metres. 5.15.7.3 Residential Type Five Exception Three (R5-3) Zone By-Law (2004-90) By-Law (2006-4) By-Law (2006-18) On lands zoned R5-3, the minimum front yard for street front townhouses shall be 6.0metres. The lot coverage provisions are as follows: i) End dwelling unit that is on a lot that is a corner lot - 42%(maximum). ii) Other end dwelling units 45% (maximum). iii) Interior dwelling units 50% (maximum). The developer will be allowed to build up to six (6) model dwelling units. For the purposes of determining railway setback the following provision applies: No building or structure shall be erected or placed closer then 30 metres from the boundary of the Canadian National Railways right-of-way. All other provisions of the R5 zone apply. ZONE PROVISIONS SECTION 5 Loyalist Township 5-81 5.15.7.4 Residential Type Five Exception Four (R5-4) Zone By-Law (2004-96) On the lands zoned R5-4, in addition to the existing permitted residential uses, a retirement home or senior citizens apartment-housing complex are permitted. The various applicable zoning provisions for these two uses shall be governed by Section 5.16.2 except that the maximum height of the building shall be 10 metres. General provisions in accordance with Section 4 shall also apply. 5.15.7.5 Residential Type Five Exception Five (R5-5) Zone By-Law (2010-52) For lands zoned Residential Type Five Exception Five (R5-5), the following zoning provisions shall prevail: ¡) Lot Coverage (maximum): 4O% for all buildings plus an additional 5% for accessory buildings and structures ¡¡) Minimum Front Yard : 6.0 metres iii) Minimum Dwelling Unit Area for a street front dwelling house unit : 71 square metres iv) The requirements of Section 4.23 apply to model homes, except that a maximum of four (4) model home units can be erected on lands zoned R5-5. v) The requirements of Section 4.40(b) apply, except that the unenclosed porches, balconies and step provision shall also permit the projection of 1.5 metres into an exterior side yard for lands zoned R5-5. All other provisions of the Residential Type Five Zone apply. 5.15.7.6 Residential Type Five Exception Six (R5-6) Zone By-Law (2012-37) By-Law (2013-03) Within the R5-6 Zone, the following provisions shall apply: ¡) USES PERMITTED a) Residential Uses Streetfront dwelling house Home Occupation b) Non-Residential Uses ZONE PROVISIONS SECTION 5 Loyalist Township 5-82 Public Use or Utility Public Park c) Accessory Uses Uses, buildings and structures accessory to any permitted uses specified in accordance with the General Provisions of this by-law. ii) STREETFRONT DWELLING HOUSE ZONE PROVISIONS a) Lot Area (minimum) 200 square metres b) Lot Frontage (minimum) 6.0 metres c) Yards (minimum) i. Front Yard 4.5 metres ii. Exterior Side Yard 3.0 metres iii. Interior Side Yard 1.2 metres iv. Rear Yard 7.5 metres d) Maximum number of Streetfront Townhomes having common walls: Three or more dwelling units, but not exceeding six dwelling units may be erected having common walls. e) Dwelling Unit Area (minimum): 71 square metres per dwelling unit f) Lot Coverage (Maximum): 48% plus an additional 7% for accessory buildings and structures for a single storey street front townhouse dwelling and 45% plus an additional 8% for accessory buildings and structures for a street front townhouse dwelling greater than one storey in height. g) Setback from Street Centreline: In accordance with the General Provisions of this by-law. h) Number of Dwelling Houses per lot 1 i) Number of Dwelling Units per lot 1 j) Height of Building (maximum) 10 metres k) Garage Setback from Front Lot Line (minimum) 6 metres In no case shall the garage extend more than 2.0 metres closer to the front lot line than the principle dwelling house on the lot. ZONE PROVISIONS SECTION 5 Loyalist Township 5-83 5.15.7.7 Residential Type Five Exception Seven (R5-7) Zone By-Law (2012-37) ¡) USES PERMITTED a) Non-Residential Uses A private club that also includes a community centre for resident members and their guests, as well as overnight accommodation for guests of members. A temporary sales centre for the purposes of marketing the Lakeside Phase 7, Stage 2 development. b) Accessory Uses Uses, buildings and structures accessory to any of the permitted uses specified in accordance with the General Provisions of this by-law. ii) Private Club Zone Provisions a) Lot Area (minimum) 600 square metres b) Lot Frontage (minimum) 12.0 metres c) Yards (minimum) i. Front Yard 4.5 metres ii. Exterior Side Yard 3.0 metres iii. Interior Side Yard 3.0 metres iv. Rear Yard 7.5 metres d) Unit Area (minimum) 200 square metres f) Lot Coverage (Maximum) 45 percent g) Setback from Street Centreline: In accordance with the General Provisions of this by-law. h) Height of Building (maximum) 10 metres i) Parking (minimum) 6 parking spaces with one space designed in accordance with the special vehicle parking requirements in the General provisions of this by-law. 5.15.7.8 Residential Type Five Exception Eight (R5-8) Zone By-Law (2013-024) 1) USES PERMITTED No person shall within any R5-8 Zone use any lot or erect, alter or use any building or structure for any purposes except one or more of the following R5-8 uses, namely: a) Residential Uses ZONE PROVISIONS SECTION 5 Loyalist Township 5-84 - Single detached dwelling house; or - Semi detached dwelling house; or - Row or Cluster dwelling house; or - Stacked Townhouse; b) Non- Residential Uses - a home occupation - a public use in accordance with the by-law; b) Accessory Uses In accordance with the by-law 2) ZONE PROVISIONS No person shall within any R5-8 Zone use any lot or erect, alter or use any building or structure except in accordance with the following provisions: a) LOT FRONTAGE (minimum) i. Single Detached Dwelling House 12.2 m ii. Semi Detached Dwelling House 18 m iii. Semi Detached Dwelling Unit 9.0 m iv. Row or Cluster Dwelling House 6.0 m v. Stacked Townhouse 12.2 m b) Front Yard (minimum to Right-of-Way) 1.0 m c) Setback from Floodplain (minimum) 15m from the anticipated inland excursion of wave uprush, that being 4.1 m from the top of slope of the breakwall for a total of 19.1 m from the top top of slope of the breakwall. The provisions found here in shall prevail over the provisions found in section 4.11. d) Exterior Side Yard (minimum) 3.0 m e) Interior Side Yard (minimum) 1.2 m f) Rear Yard (minimum) 7.5 m g) Lot Coverage (maximum) N/A h) Lot Area (minimum) N/A i) Height (maximum) 10 m j) Notwithstanding the provisions of Section 4.1.2 which apply to accessory buildings in relation to a public street, these provisions shall also apply to a private right-of-way. k) Notwithstanding the provisions of Section 4.12 a) requiring access to an improved public street, access shall be provided via a private right of way. ZONE PROVISIONS SECTION 5 Loyalist Township 5-85 l) Notwithstanding the Parking Area Location on Lot provisions found in Section 4.27 (h) requiring driveways and parking spaces to be at least 3 metres from the boundary of a Residential Zone, the setback shall be 0 metres. 5.15.7.9 Residential Type Five Exception Nine (R5-9) Zone By-Law (2013-024) 1) Uses Permitted No person shall within any R5-9 Zone use any lot or erect, alter or use any building or structure for any purposes except one or more of the following R5-9 uses, namely: a) Residential Uses - 6 UNIT Apartment Dwelling House; b) Non- Residential Uses - a public use, including but not limited to a storm water detention pond, public open space, and public pathways b) Accessory Uses In accordance with the by-law 2) Zone Provisions No person shall within any R5-9 Zone use any lot or erect, alter or use any building or structure except in accordance with the following provisions: a) Lot Frontage (minimum) 30 m b) Front Yard (minimum) 6.0 m c) Setback From Floodplain (minimum) 15m d) Exterior Side Yard (minimum) N/A e) Interior Side Yard (minimum) 0 m f) Rear Yard (minimum) 7.5 m g) Lot Coverage (maximum) N/A h) Height of Buildings (maximum) 10 m i) Notwithstanding the provisions of Section 4.1.2 which apply to accessory buildings in relation to a public street, these provisions shall also apply to a private right-of-way. j) Notwithstanding the provisions of Section 4.12 a) requiring access to an improved public street, access shall be provided via a private right of way. ZONE PROVISIONS SECTION 5 Loyalist Township 5-86 k) Notwithstanding the Parking Area Location on Lot provisions found in Section 4.27 (h) requiring driveways and parking spaces to be at least 3 metres from the boundary of a Residential Zone, the setback shall be 0 metres. 5.15.7.10 Residential Type Five Exception Ten (R5-10) Zone By-Law (2012-114) Within the R5-10 Zone, the following provisions shall apply: Uses Permitted: - Residential Uses - Semi-detached dwelling house - Row or cluster dwelling house - Streetfront dwelling house - Home occupation Non-Residential Uses: - Public Park - Public use or utility in accordance with the General Provisions of this by-law. Zone Provisions No person shall within the R5-10 zone use any lot or erect, alter or use any building or structure except in accordance with the following provisions: a) Lot Frontage (Minimum) Corner Lot Other Lot Semi-detached dwelling house 19.5 metres 15.0 metres Semi-detached dwelling unit 12.0 metres 7.5 metres Streetfront Dwelling house unit 12.0 metres 6.0 metres Row or Cluster dwelling house 12.0 metres 6.0 metres For the purpose of calculating minimum lot frontage, the lot frontage shall be measured at 7.5 metres from the front lot line. b) Front Yard (minimum) 4.0 metres c) Front Yard for Garage (minimum) 6.0 metres d) Exterior Side Yard (minimum) 3.0 metres e) Rear Yard (minimum) 7.5 metres f) Interior side yard (minimum) 1.2 metres for a side that is not attached to another dwelling house unit, except where there is a dwelling unit without an attached garage, then one of the side yards must be 3.0 metres. ZONE PROVISIONS SECTION 5 Loyalist Township 5-87 g) The requirements of Section 4.40(b) apply, except that the unenclosed porches, decks, balconies and steps provision shall also permit the projection of 1.5 metres into an exterior side yard for lands zoned R5-10. h) Lot Coverage (maximum): -Semi-detached dwelling - 48% plus an additional 8 % for accessory structures and buildings. -Streetfront Dwellings House Units, Row or Cluster Dwellings - 48% plus an additional 8% for accessory structures and buildings i) Lot area (minimum): Semi detached dwelling house 420 square meters Semi detached dwelling unit 210 square meters Streetfront Dwelling house dwelling unit: i) Where a dwelling unit has only one wall attached to an adjoining unit and the lot is not a corner lot: 230 square metres 6 ii) Where a dwelling unit has two walls attached to adjoining units: 192 square metres iii) Where the dwelling unit has only one wall attached to an adjoining unit and the lot is a corner lot: 384 square metres j) Setback for garage: In no case shall the garage extend more than 2.0 metres closer to the front lot line than the principal dwelling on the lot. All other provisions of the Residential Type Five (R5) Zone apply. 5.15.7.12 Residential Type Five Exception Twelve (R5-12) Zone Within the R5-12 Zone, the following zone provisions shall apply: 1. Permitted Uses: a) Residential Uses Streetfront dwelling house; Group home; Home Occupation; and Accessory Uses 2. a) Non-Residential Uses Public park; and ZONE PROVISIONS SECTION 5 Loyalist Township 5-88 Public use or utility in accordance with the General Provisions of this By-law. b) Accessory Uses Uses, buildings and structures accessory to any permitted uses specified in accordance with the General provisions of this by-law. 3. Streetfront Dwelling House Zone Provisions a) Lot Area per unit (minimum) ....................................190 square metres b) Lot Frontage per unit (minimum).........................6.0 metres c) Yards (minimum) i) Front Yard.............................................4.0 metres ii) Exterior Side yard.....................................3.0 metres iii) Interior Side yard......................................1.2 metres iv) Rear yard................................................7.5 metres d) Maximum number of Streetfront Townhomes having common walls: Three or more dwelling units, but not exceeding five dwelling units may be erected having common walls. e) Dwelling Unit Area (minimum).........96 square metres per dwelling unit. f) Lot Coverage (maximum) 48% plus an additional 8% for accessory buildings and structures. g) Number of Dwelling Units per lot........................................1 h) Height of building (maximum).................................10 metres i) Setback for garage: 6.0 metres and in no case shall the garage extend more than 3.0 metres closer to the front lot line than the principal dwelling on the lot. All other provisions of the Residential Type Five (R5) Zone apply. 5.15.7.13 Residential Type Five Exception Thirteen (R5-13) Zone Within the R5-13 Zone, the following zone provisions shall apply: 1. Permitted Uses a) Residential Uses Apartment dwelling house; ZONE PROVISIONS SECTION 5 Loyalist Township 5-89 Streetfront dwelling house; Semi-detached dwelling house; and Home Occupation. 2. Non-Residential Uses a) Public park; and Public use or utility in accordance with the General Provisions of this By-law. b) Accessory Uses Uses, buildings and structures accessory to any permitted uses specified in accordance with the General Provision of this by-law. 3. Apartment Building Zone Provisions a) Lot Area (minimum) .............................................. ..6000 square metres b) Lot Frontage (minimum) ......................................... .............24.0 metres c) Yards (minimum) i) Front Yard.....................................................4.0 metres ii) Exterior Side Yard...........................................3.0 metres iii) Interior Side Yard............................................7.5 metres iv) Rear Yard.....................................................7.5 metres d) Number of Dwelling units per Building (maximum).........34 e) Height of Building (maximum).........................12.0 metres f) Number of Storeys (maximum)....................................4 g) Lot Coverage (maximum)...............................35 percent plus an additional 8% for accessory buildings and structures. h) Gross Floor Area per dwelling unit (minimum) i) One Bedroom Dwelling Unit............56 square metres ii) Two Bedroom Dwelling Unit............70 square metres iii) Three Bedroom Dwelling Unit...........80 square metres i) Landscaped Open Space (minimum)..................35 Percent j) Parking Space Dimensions (minimum)......2.7 metres by 6.0 metres k) Parking Space Area (minimum)...............16.2 square metres 4. Streetfront Dwelling House Zone Provisions ZONE PROVISIONS SECTION 5 Loyalist Township 5-90 a) Lot Area per dwelling unit (minimum).................190 square metres b) Lot Frontage per dwelling unit (minimum).......................6.0 metres c) Yards (minimum) i) Front Yard..................................................4.0 metres ii) Exterior Side Yard........................................3.0 metres iii) Interior Side Yard.........................................1.2 metres Where a garage or carport is not provided..........3.0 metres iv) Rear Yard...................................................7.5 metres d) Dwelling Unit Area (maximum).........................96 square metres e) Height of Building (maximum)..........................10.0 metres f) Lot Coverage (maximum)..................................48 percent plus an additional 85 for accessory building and structures. g) Setback for garage: 6.0 metres and in no case shall the garage extend more than 3.0 metres closer to the front lot line than the principal dwelling on the lot. 5. Semi-detached Dwelling House Zone Provisions a) Lot Area per dwelling unit (minimum)..................240 square metres b) Lot Frontage per dwelling unit (minimum)..............7.5 metres c) Yards (minimum) i. Front Yard..................................................4.0 metres ii. Exterior Side Yard........................................3.0 metres iii. Interior Side Yard.........................................1.2 metres Where a garage or carport is not provided...........3.0 metres iv. Rear Yard....................................................7.5 metres d) Dwelling Unit Area (maximum).................................96 square metres e) Height of Building (maximum).................................... 10.0 metres f) Lot Coverage (maximum)............................................. 48 percent plus an additional 8 % for accessory buildings and structures g) Setback for garage: 6.0 metres and in no case shall the garage extend more than 3.0 metres closer to the front lot line than the principal dwelling on the lot. ZONE PROVISIONS SECTION 5 Loyalist Township 5-91 All other provisions of the Residential Type Five (R5) Zone apply. 5.15.7.14 Residential Type Five Exception Fourteen (R5-14) Zone Within the R5-14 Zone the following provisions shall apply: Uses Permitted - Residential Uses - Single detached dwelling house; - Semi-detached dwelling house; - Streetfront dwelling house; - Home occupation. - Non-Residential Uses - Public Park - Public use or utility in accordance with the General Provisions of this bylaw Zone Provisions For single detached and semi-detached dwelling houses, the zone provisions of the R4-8 zone shall apply. For streetfront dwelling houses, the zone provisions of the R5-10 zone shall apply, which are applicable to streetfront dwelling houses and units only. 5.15.7.15 Residential Type Five Exception Fifteen (R5-15) Zone No person shall within any R5-15 Zone use any lot or erect, alter or use ant building or structure for any purposes except one or more of the following R5-15 uses, namely: 1) Uses Permitted: a) Residential Uses - Quad dwelling house b) Non-Residential Uses: - Public Park; - Home Occupation; and - Public use or utility in accordance with the General Provisions of this by-law. ZONE PROVISIONS SECTION 5 Loyalist Township 5-92 c) Accessory Uses Uses, buildings and structures accessory to any of the permitted uses specified in accordance with the General Provisions of this By-law. 2) Zone Provisions No person shall within any R5-15 Zone use any lot or erect, alter or use any building or structure except in accordance with the following provisions: a) Lot Frontage (minimum)......................................................50.0 metres b) Front Yard (minimum)...........................................................4.5 metres c) Exterior Side Yard (minimum).................................................4.5 metres d) Rear yard (minimum)............................................................5.0 metres e) Interior Side Yard (minimum)...................................................5.0 metres f) Lot Coverage (maximum)......................................................35.0 percent g) Lot Area (minimum)...............................................................1.5 hectare h) Height of Buildings (maximum)...................................................9.0 metres i) Dwelling unit Area (maximum)...................................80 m²per dwelling unit j) Landscaped Open Space (minimum)...........................................45.0 percent k) For the lands zoned R5-15, the front lot line shall be considered the shortest frontage abutting a street. l) For the purpose of Section 4.27 Parking Area Regulations a) Requirements, the minimum parking area for a parking space shall be 16.2 square metres and not less than 2.7 metres in width and not less than 6 metres in length. m) For the purpose of Section 4.27 Parking Area Regulations a) Requirements, Residential Uses a Quad Dwelling House is to be included with Apartment buildings, Fourplex and Triplex dwelling house. The minimum off street parking requirement is 1.5 parking spaces for each dwelling unit. n) For the purpose of Section 4.27 Parking Area Regulations d) Parking Area Design Requirements, vi) the minimum width of a parking space shall be 2.7 metres and the minimum length shall be 6 metres for the Quad Dwelling House. o) For the purpose of Section 4.27 Parking Area Regulations h) Parking Area Location on Lot, in a Residential Zone, parking for a quad dwelling house shall be permitted in the required exterior yard. All other provisions of the Residential Five (R5) Zone apply. 5.15.7.15 Residential Type Five Exception Seventeen (R5-17) Zone 2018-020 No person shall within any R5-17 Zone use any lot or erect, alter or use any building or structure for ZONE PROVISIONS SECTION 5 Loyalist Township 5-93 any purposes except one or more of the following R5-17 uses, namely: 1) Uses Permitted a) Residential Uses - Stacked townhouse - Row or Cluster Dwelling House; and - Home Occupation. b) Non-Residential Uses - Public Park; and - Public use or utility in accordance with the General Provisions of this by- law. c) Accessory Uses: Uses, buildings and structures accessory to any of the permitted uses specified in accordance with the General Provisions of this By-law. vi. Zone Provisions No person shall within any R5-17 Zone use any lot or erect, alter or use any building or structure except in accordance with the following provisions: a) Lot Frontage (minimum)......................................................25.0 metres b) Front yard (minimum)..........................................................4.5 metres c) Rear yard (minimum)...........................................................5.0 metres d) Interior Side Yard (minimum).................................................1.2 metres e) Lot Coverage.....................................................................35.0 percent f) Lot Area (minimum)............................................................0.622 hectare g) Height of Buildings (maximum)...............................................9.0 metres i) Landscaped Open Space (minimum).........................................45.0 percent j) Number of Units (maximum)................................................ 34 k) For the lands zoned R5-17, the front lot line shall be considered the shortest frontage abutting a street. l) Parking spaces required to be 2.7 metres by 6.0 metres m) notwithstanding Section 4.27 Parking Area Regulations, the minimum off street parking requirement in Section 4.27 is 2.0 parking spaces for each dwelling unit. 5.15.7.18 Residential Type Five Exception Eighteen (R5-18) Zone 2018-095 ZONE PROVISIONS SECTION 5 Loyalist Township 5-94 No person shall within any R5-18 Zone use any lot or erect, alter or use any building or structure for any purposes except one or more of the following R5-18 uses, namely: 1) Uses Permitted a) Residential Uses - Stacked Townhouse; - Streetfront dwelling house; - Single detached dwelling house; - Semi-detached dwelling house; - Home Occupation. b) Non-Residential Uses: - Public Park; and - Public use or utility in accordance with the General Provisions of this by-law. c) Accessory Uses: Uses, buildings and structures accessory to any of the permitted uses specified in accordance with the General Provisions of this By-Law 2) Zone Provisions No person shall within any R5-18 Zone use any lot or erect, alter or use any building or structure except in accordance with the provisions of the R5-14 and R5-17 Zones, and all other provisions of the R4 and R5 Zones apply. ZONE PROVISIONS SECTION 5 Loyalist Township 5-95 5.16 RESIDENTIAL TYPE SIX (R6) ZONE No person shall within any Residential Type Six (R6) Zone use any lot or erect, alter or use any building or structure except as specified hereunder: 5.16.1 USES PERMITTED a) Residential Uses · Apartment Dwelling house; · Retirement Home; and · Senior Citizens Housing Complex. b) Non-residential Uses · Public park; and · Public use or utility in accordance with the General Provisions of this By-law. c) Accessory Uses Uses, buildings, and structures accessory to any of the permitted uses specified in accordance with the General Provisions of this By-law. 5.16.2 APARTMENT, RETIREMENT HOME, SENIOR CITIZENS HOUSING COMPLEX a) Lot Area (minimum) .......................................... 85 square metres per dwelling unit b) Lot Frontage (minimum) ............................................................................ 35 metres c) Yards (minimum): i) Front Yard .............................................................................................. 6 metres ii) Exterior Side Yard ................................................................................. 6 metres iii) Interior Side Yard ................................................................................... 3 metres iv) Rear Yard ............................................................................................. 10 metres d) Dwelling Unit Area (minimum): i) Bachelor dwelling unit .......................................................... 37 square metres ii) One bedroom dwelling unit .................................................. 56 square metres iii) Two bedroom dwelling unit .................................................. 70 square metres ZONE PROVISIONS SECTION 5 Loyalist Township 5-96 iv) Three bedroom dwelling unit ............................................ 80 square metres v) More than three bedrooms ........................................ 80 square metres plus 9 square metres per bedroom in excess of three e) Lot Coverage (maximum) .................................................................... 35 percent f) Setback from Street Centreline: In accordance with the General Provisions of this By-law. g) Number of Dwelling Houses Per Lot (maximum) .............................................. 1 h) Height of Buildings (maximum) ........................................................ 20 metres 5.16.3 GENERAL ZONE PROVISIONS In accordance with Section 4, General Provisions, of this By-law. 5.16.4 EXCEPTION PROVISIONS - RESIDENTIAL TYPE SIX (R6) ZONE 5.16.4.1 Residential Type Six Exception One (R6-1) Zone: By-Law 2013-016 Within the R6-1 Zone, the following provisions shall apply: 1. Uses Permitted a) Residential Uses - Retirement Home; and - Senior Citizens Housing Complex. b) Non-Residential uses and accessory uses in accordance with the R6 Zone. 2. Zone Provisions a) Lot Frontage (minimum) ....................................................................... 35 metres b) Yards (minimum): i) Front Yard .............................................................................. 15.0 metres ii) Exterior Side Yard .................................................................... 6.0 metres iii) Interior Side Yard ..................................................................... 8.0 metres iv) Rear Yard ................................................................................. 8.0 metres c) Dwelling Unit Area (minimum): i.One bedroom dwelling unit: 31 square metres; ZONE PROVISIONS SECTION 5 Loyalist Township 5-97 ii.Two bedroom dwelling unit: 61 square metres. d) Lot Coverage (maximum) .................................................................... 30 percent e) Number of Dwelling Houses for lot (maximum): 1; f) Height of Buildings (maximum): 13.5 metres g) Notwithstanding the required number of parking spaces in Section 4.27, for property zoned R6-1, a senior citizens' housing complex or a retirement home, shall require 33 parking spaces. All other parking requirements of Section 4.27 shall apply. h) Notwithstanding Section 4.22, for a property zoned R6-1, where a building exceeds a gross floor area of 2500 square metres, but has less than 7500 square metres, a minimum of two loading bays are required. Such loading bays shall be at least 9.0 metres long, 2.9 metres wide, and have a vertical clearance of at least 4.0 metres. i) For the lands zoned R6-1, the front lot line shall be considered the longest frontage abutting a street. All other provisions of the Residential Six (R6) Zone apply. 5.16.4.2 Residential Type Six Exception Two (R6-2) Zone: By-Law 2013-114 1. Uses Permitted: a) Residential Uses - Apartment Dwelling House - Retirement Home - Senior Citizens' Housing Complex. - Nursing Home b) Non-Residential uses and accessory uses in accordance with the R6 Zone 2. Zone Provisions a) Lot Area ( minimum) 85 m² per dwelling unit b) Lot Frontage (minimum) 35 metres c) Yards (minimum): - Front Yard: 6.0 metres - Exterior Side Yard: 6.0 metres - Interior Side Yard: 3.0 metres - Rear Yard 10.0 metres d) Dwelling Unit Area (minimum) - Bachelor dwelling unit: 37 square metres; - One bedroom dwelling unit 56 square metres; - Two bedroom dwelling unit: 70 square metres; - Three bedroom dwelling units: 80 square meters; ZONE PROVISIONS SECTION 5 Loyalist Township 5-98 - More than three bedrooms 80 square metres plus 9 square metres per additional bedroom e) Lot Coverage (maximum): 40% f) Number of Dwelling Houses for lot (maximum): 2 g) Height of Buildings (maximum): 20 metres All other provisions of the Residential Type Six (R6) Zone apply. ZONE PROVISIONS SECTION 5 Loyalist Township 5-99 5.17 COMMUNITY FACILITY (CF) ZONE No person shall within any Community Facility (CF) Zone use any lot or erect, alter or use any building or structure except as specified hereunder: 5.17.1 USES PERMITTED a) Residential Uses · Accessory single detached dwelling house; or · Accessory dwelling unit. b) Non-residential Uses · Ambulance Station; · Arena; · Assembly hall and/or Auditorium; · Cemetery; · Community Centre; · Day Nursery; · Eating Establishment; mobile; · Ferry Dock; · Fire Hall; · Fraternal Lodge; · Hospital; · Medical Clinic; · Municipal administrative office; · Municipal Recreation Complex, inclusive of administrative facilities and accessory retail such as an eating establishment and pro shop; · Museum; · Nursing Home: · Place of Worship; · Police Station; · Post Office; · Private Club; · Public Library; · Public Park or Private Park; · Public or Private School; · Public Swimming Pool; · Public use or utility in accordance with the General Provisions of this By-law; · Water Tower; and · Water Treatment control plant ZONE PROVISIONS SECTION 5 Loyalist Township 5-100 c) Accessory Uses Uses, buildings, and structures accessory to any of the permitted uses in accordance with the General Provisions of this By-law. 5.17.2 ZONE PROVISIONS FOR RESIDENTIAL USES 5.17.2.1 Single Detached Dwelling House By-Law- 2011-076 a) Lot Area (minimum): * Lot serviced by well and septic system .......................... 0.4 hectares * Lot serviced by municipal water and sewer ......... 465 square metres b) Yards (minimum): i) Front Yard ......................................................................... 7.5 metres ii) Exterior Side Yard ............................................................... 6 metres iii) Interior Side Yard ................................................................ 4 metres iv) Rear Yard .......................................................................... 7.5 metres c) Dwelling Unit Area (minimum) ........................................ 96 square metres d) Setback from Street Centreline: In accordance with the General Provisions of this By-law. e) Number of Dwelling Houses per Lot (maximum) .......................................1 f) Height of Buildings (maximum) .................................................... 10 metres g) Distance Separation Requirements (minimum) ............................. 10 metres (from the permitted non-residential use) 5.17.2.2 Dwelling Unit in Portion of Non-Residential Building a) Number of Dwelling Units (maximum) .......................................................1 b) Gross Floor Area per Dwelling Unit (minimum): ZONE PROVISIONS SECTION 5 Loyalist Township 5-101 i) One bedroom dwelling unit ................................... 56 square metres ii) Two bedroom dwelling unit ................................... 70 square metres iii) Three bedroom dwelling unit ................................. 84 square metres iv) Dwelling unit containing more than three bedrooms: 84 square metres plus 9 square metres for each bedroom in excess of three. 5.17.3 ZONE PROVISIONS FOR NON-RESIDENTIAL USES a) Lot Area (minimum) ........................................................................................ 0.4 ha b) Lot Frontage (minimum) ............................................................................ 45 metres c) Yards (minimum): i) Front Yard ..................................................................................... 7.5 metres ii) Exterior Side Yard ........................................................................ 7.5 metres iii) Interior Side Yard ............................................................................. 5 metres iv) Rear Yard ....................................................................................... 15 metres d) Lot Coverage (maximum) ......................................................................... 30 percent e) Setback from Street Centreline: In accordance with the General Provisions of this By-law. f) Landscaped Open Space (minimum) ........................................................ 30 percent g) Height of Buildings (maximum) ........................................................ 14 metres h) Planting Strip: In accordance with the General Provisions of this By-law 5.17.4 GENERAL ZONE PROVISIONS In accordance with Section 4, General Provisions, of this By-law. 5.17.5 EXCEPTION ZONE PROVISIONS - COMMUNITY FACILITY (CF) ZONE ZONE PROVISIONS SECTION 5 Loyalist Township 5-102 5.17.5.1 Community Facility Exception One (CF-1) Zone Part of Lot 37, Concession 1 On the lands zoned CF-1 the following zone provisions shall apply: a) Secure Custody Facility: Shall mean a place or facility designated for the secure containment of 12 young persons, and up to three more residents on a 24 hour emergency basis, detained pursuant to Part IV of the Child and Family Services Act, 1984 and Section 24.1 of the Young Offenders Act. b) Permitted Uses: * Secure Custody Facility c) Lot Area (minimum) ..................................................................... 2 hectares d) Lot Frontage (minimum) ................................................................ 45 metres e) Exterior Side Yard (minimum) ...................................................... 10 metres f) Gross Floor Area (maximum) ....................................... 1,860 square metres g) Parking Spaces (minimum) ........................................................................17 5.17.5.2 Community Facility Exception Two (CF-2) Zone Bath firehall at Lodge and Queen Streets. Within the CF-2 Zone a maintenance depot is permitted. Outdoor storage is also permitted if located in the rear yard and/or interior side yard provided the area(s) are screened from public view. 5.17.5.3 Community Facility Exception Three (CF-3) Zone Bath firehall at County Road No. 7 Within the CF-3 zone, the maximum width for a driveway shall be 17 metres. ZONE PROVISIONS SECTION 5 Loyalist Township 5-103 5.17.5.4 Community Facility Exception Four (CF-4) Zone Odessa Roads Garage; Odessa Within the CF-4 zone the uses permitted include: · light manufacturing, processing, assembling or fabricating plant provided such use, from its nature or materials used therein is not considered noxious. 5.17.5.5 Community Facility Exception Five (CF-5) Zone By-Law 2017-038 Within the CF-5 zone the following provisions apply: i. Lot Area (minimum): 0.1 hectares ii. Yards (minimum): a) Interior Side Yard: 1.5 metres 1.2 metres b) Rear Yard - All other provisions of the CF zone apply; ZONE PROVISIONS SECTION 5 Loyalist Township 5-104 5.18 INSTITUTIONAL ZONE (I) ZONE No person shall within any Institutional (I) Zone use any lot or erect, alter or use any building or structure except as specified hereunder: 5.18.1 USES PERMITTED a) Residential Uses Accessory single detached dwelling house. b) Non-Residential Uses * Federal Penitentiary; and * Public use or utility in accordance with the General Provisions of this By-law. c) Accessory Uses Uses, buildings and structures accessory to any of the permitted uses in accordance with the General Provisions of this By-law. 5.18.2 GENERAL ZONE PROVISIONS In accordance with Section 4, General Provisions, of this By-law. 5.18.3 EXCEPTION ZONE PROVISIONS - INSTITUTIONAL ZONE (I) ZONE ZONE PROVISIONS SECTION 5 Loyalist Township 5-105 5.19 HAMLET COMMERCIAL (C1) ZONE No person shall within any Hamlet Commercial (C1) Zone use any lot or erect, alter or use any building or structure except as specified hereunder: 5.19.1 USES PERMITTED a) Residential Uses Accessory dwelling unit. b) Non-residential Uses * Antique sales establishment; * Artist studio; * Bakery or bake shop; * Bank or financial establishment; * Business, professional or administrative office; * Convenience Store; * Custom Workshop; * Day nursery; * Dry cleaner's distribution station; * Eating Establishment; * Eating Establishment, mobile; * Fraternal lodge; * Furniture and appliance dealer; * Outdoor Cafe; * Parking lot; * Personal service shop; * Public use or utility in accordance with the General Provisions of this By- law; * Retail establishment; and * Service shop, merchandise. c) Accessory Uses Uses, buildings, and structures accessory to any of the permitted uses in accordance with the General Provisions of this By-law. ZONE PROVISIONS SECTION 5 Loyalist Township 5-106 5.19.2 ZONE PROVISIONS FOR RESIDENTIAL USE a) Dwelling Unit in Portion of Non-Residential Building: * One dwelling unit may be permitted over a non-residential building. * No dwelling unit is permitted in or over a motor vehicle repair garage, or a motor vehicle service station. b) Gross Floor Area per Dwelling Unit (minimum): i) One Bedroom Dwelling Unit ............................................. 56 square metres ii) Two Bedroom Dwelling Unit ............................................ 70 square metres iii) Three Bedroom Dwelling Unit .......................................... 84 square metres vi) Dwelling unit containing more than three bedrooms: · 84 square metres plus 9 square metres for each bedroom in excess of three. 5.19.3 ZONE PROVISIONS FOR NON-RESIDENTIAL USES a) Lot Area (minimum) ........................................................................................ 0.5 ha b) Lot Frontage (minimum) ............................................................................ 30 metres c) Yards (minimum): i) Front Yard ..................................................................................... 3.5 metres ii) Exterior Side Yard ........................................................................ 3.5 metres iii) Interior Side Yard ............................................................................. 6 metres iv) Rear Yard ........................................................................................ 6 metres d) Lot Coverage (maximum) ........................................................................ 50 percent e) Setback from Street Centreline: In accordance with the General Provisions of this By-law. f) Landscaped Open Space(minimum) ......................................................... 10 percent g) Height of Buildings (maximum) ........................................................ 10 metres h) Planting Strip: In accordance with the General Provisions of this By-law. ZONE PROVISIONS SECTION 5 Loyalist Township 5-107 5.19.4 PROVISIONS FOR OUTSIDE DISPLAY AND STORAGE No open storage of goods or materials shall be permitted. 5.19.5 GENERAL ZONE PROVISIONS In accordance with Section 4, General Provisions of this By-law. 5.19.6 EXCEPTION PROVISIONS - HAMLET COMMERCIAL (C1) ZONE 5.19.6.1 Hamlet Commercial Exception One (C1-1) Zone Part of Lot 38, Concession 6 in Wilton. Within the lands zoned C1-1, the uses permitted also include: · Artisans Market; · Craft Manufacturing Workshop; and · Custom Workshop. 5.19.6.2 Hamlet Commercial Exception Two (C1-2) Zone Neilson property in Stella, Amherst Island. Within the C1-2 Zone the following uses are also permitted: · Museum; and · Community Centre. 5.19.6.3 Hamlet Commercial Exception Three (C1-3) Zone By-Law 2011-076 Part of Lot 1, North Shore Concession, Amherst Island. Within the C1-3 Zone, the uses permitted are: · carpentry shop; · craft shop; · Outdoor Cafe; · restaurant; · retail store; · storage. ZONE PROVISIONS SECTION 5 Loyalist Township 5-108 The uses are permitted within any existing building. 5.19.6.4 Hamlet Commercial Exception Four (C1-4) Zone "For the property described as Lot 38 and 39, Concession 6 and addressed as 286 Simmons road." The following provisions apply to the C1-4 zone: a) The only uses that shall apply to C1-4 zone are: Retail establishment; Convenience Store; Antique Sales Establishment. b) Lot Area (maximum).........................................................0.04 ha c) Lot Frontage(maximum)................................................. . 9 metres d) Lot Coverage (maximum)................................................... 40% e) Rear Yard (maximum)....................................................2 metres f) No building or structure shall be closer than 2.3 metres to the existing single unit dwelling situated immediately to the west. g) No building or structure shall be closer than 1.8 metres to the easterly interior side lot line. "All other provisions except uses of the Hamlet Commercial (C1) Zone apply." ZONE PROVISIONS SECTION 5 Loyalist Township 5-109 5.20 HIGHWAY COMMERCIAL (C2) ZONE No person shall within any Highway Commercial (C2) Zone use any lot or erect, alter or use any building or structure except as specified hereunder: 5.20.1 USES PERMITTED a) Residential Uses · Accessory single detached dwelling house, or · Accessory dwelling unit b) Non-residential Uses By-Law 2011-076 · Antique sales establishment; · Building supply outlet; · Brewers retail outlet and liquor control board outlet; · Club, Commercial; · Commercial Greenhouse; · Convenience Store; · Eating Establishment; · Eating Establishment, drive-through; · Eating Establishment; mobile; · Eating Establishment; take out; · Equipment sales and rental; · Farm implement dealer and farm equipment repairs; · Farm Produce retail outlet; · Garden and nursery sales and supply establishment; · Gasoline retail facility; · Hotel; · Liquor licensed premises; · Marine Sales and service establishment; · Motel or Motor Hotel; · Motor vehicle repair garage; · Motor vehicle sales new and used; · Motor vehicle service centre; · Motor vehicle wash, automatic; · Outdoor Cafe; · Place of entertainment or amusement; · Police station; · Public use or utility in accordance with the General Provisions of this By- law; ZONE PROVISIONS SECTION 5 Loyalist Township 5-110 · Recreational vehicle and travel trailer sales and service establishment; · Retail establishment, provided the retail use is accessory and incidental to a permitted non-residential use and on the same lot; · Veterinary clinic in a wholly enclosed building; and · Vehicle sales or rental establishment. c) Accessory Uses Uses, buildings, and structures accessory to any of the permitted uses specified in accordance with the General Provisions of this By-law. 5.20.2 PROVISIONS FOR RESIDENTIAL USES 5.20.2.1 Single Detached Dwelling House By-Law- 2011-076 a) Separation Requirements (minimum) ......................... 10 metres from the permitted non-residential use. b) Yards (minimum): i) Front Yard .......................................................................... 15 metres ii) Exterior Side Yard ............................................................. 10 metres iii) Interior Side Yard ................................................................. 6 metres iv) Rear Yard ........................................................................... 15 metres c) Dwelling Unit Area (minimum) ...................................... 96 square metres d) Setback from Street Centreline: In accordance with the General Provisions of this By-law e) Number of Dwelling Houses per Lot (maximum) ....................................1 f) Height of Buildings (maximum) ................................................. 10 metres 5.20.2.2 Dwelling Unit in Portion of Non-Residential Building a) Dwelling Unit in Portion of Non-Residential Building: · One dwelling unit may be permitted over a non-residential building. · A dwelling unit is not permitted in or over a motor vehicle repair garage, a motor vehicle service station, or a motor vehicle service ZONE PROVISIONS SECTION 5 Loyalist Township 5-111 centre. b) Gross Floor Area per Dwelling Unit (minimum): i) One Bedroom Dwelling Unit ................................. 56 square metres ii) Two Bedroom Dwelling Unit ................................ 70 square metres iii) Three Bedroom Dwelling Unit .............................. 84 square metres iv) Dwelling unit containing more than three bedrooms: · 84 square metres plus 9 square metres for each bedroom in excess of three. 5.20.3 PROVISIONS FOR NON-RESIDENTIAL USES a) Lot Area (minimum) .............................................................................. 0.2 hectares b) Lot Frontage (minimum) ............................................................................ 30 metres c) Yards (minimum): i) Front Yard ............................................................................................ 15 metres ii) Exterior Side Yard ............................................................................... 15 metres iii) Interior Side Yard: · 6 metres except where the interior side lot line abuts a Residential Zone, in which case the minimum interior side yard shall be 12 metres. iv) Rear Yard ......................................................................................... 12 metres d) Lot Coverage (maximum) ................................................................... 40 percent e) Setback from Street Centreline: In accordance with the General Provisions of this By-law. f) Landscaped Open Space (minimum) ........................................................ 10 percent g) Height of Buildings (maximum) ........................................................ 10 metres h) Planting Strip: In accordance with the General Provisions of this By-law. 5.20.4 PROVISIONS FOR RETAIL GAS ESTABLISHMENTS In accordance with the General Provisions of this By-law. ZONE PROVISIONS SECTION 5 Loyalist Township 5-112 5.20.5 PROVISIONS FOR OUTSIDE DISPLAY AND STORAGE Lands used for the outside display and sale of goods and materials shall comply with the following provisions: a) Not be located closer than 2 metres to the front lot line; b) Not be located closer than 2 metres to an interior side or rear lot line where the lot line abuts a lot zoned for commercial or industrial purposes or 6 metres of an interior side or rear lot line where the lot line abuts a lot zone for other than commercial or industrial purposes; and c) Not exceed 30 percent lot coverage. 5.20.6 GENERAL ZONE PROVISIONS In accordance with Section 4, General Provisions of this By-law. 5.20.7 EXCEPTION PROVISIONS - HIGHWAY COMMERCIAL (C2) ZONE 5.20.7.1 Highway Commercial Exception One (C2-1) Zone Part of 32, Concession 4, Hamlet of Odessa On the lands zoned C2-1 the permitted uses are restricted to lawn mower, boat and motor sales and service outlet. 5.20.7.2 Highway Commercial Exception Two (C2-2) Zone Part of Lot 20, Concession 4 Part of Lot 42, Concession 3 On the lands zoned C2-2 the permitted uses are restricted to: i) Agricultural produce sales warehouse; ii) Flea Market; and iii) Livestock sales warehouse. ZONE PROVISIONS SECTION 5 Loyalist Township 5-113 5.20.7.3 Highway Commercial Exception Three (C2-3) Zone By-Law 2004-36 By-Law-2011-076 a) Residential Uses - accessory single detached dwelling house or accessory dwelling unit b) Non Residential Uses - commercial club, excluding banquet facilities - eating establishment - eating establishment, take out - farm produce sales outlet - miniature golf - museum and interpretive centre - park - retail commercial establishment - tourist office c) Accessory Uses Buildings and structures accessory to any of the permitted uses specified in accordance with the General Provisions of by-law 2001-38. d) Single Detached Dwelling House i) Separation Requirements (minimum)................10 metres from the permitted non- residential use. i) Yards (minimum): h) Front Yard...................................15 metres i) Exterior Side Yard..........................10 metres j) Interior Side Yard...........................6 metres k) Rear Yard....................................15 metres iii) Dwelling Unit Area (minumum).............96 square metres iv) Setback from Street Centreline: In accordance with the General Provisions of this By-Law v) Number of dwelling Houses per lot.................1 vi) Height of Buildings (maximum)................10 metres e) Dwelling Unit in Non-Residential Building v) Dwelling Unit in Portion of Non-Residential Building: One dwelling unit may be permitted in a non-residential building. ZONE PROVISIONS SECTION 5 Loyalist Township 5-114 ii) Gross Floor Area per Dwelling Unit (minimum): a) One Bedroom Dwelling Unit..............................56 square metres b) Two Bedroom Dwelling Unit..............................70 square metres c) Three Bedroom Dwelling Unit..............................84 square metres d) Dwelling unit containing more than three bedrooms: - 84 square metres plus 9 square metres for each bedroom in excess of three. f) Provisions for Non-Residential Uses i) Lot Area (minimum)...................................................3.7 hectares ii) Lot Frontage (minimum)...............................................120 metres iii) Yards (minimum): a) Front Yard ..........................................................25 metres b) Exterior Side Yard..................................................25 metres c) Interior Side Yard...................................................20 metres d) Rear yard............................................................70 metres For all buildings and any structures exceeding 2.3 metres in height, otherwise 20 metres for all other structures. iv) Area of all Buildings (maximum)....................................800 square metres v) Setback from street centerline in accordance with General Provisions vi) Landscaped Open Space (minimum)...............................60 percent vii) Height of Buildings (maximum).......................................10.7 metres viii) Planting Strip in accordance with General Provisions ix) Setback of private sewage system from to of bank of Wilton Creek..........50 metres ZONE PROVISIONS SECTION 5 Loyalist Township 5-115 5.21 RURAL COMMERCIAL (C3) ZONE By-Law 2011-076 No person shall within any Rural Commercial (C3) Zone use any lot or erect, alter or use any building or structure except as specified hereunder: 5.21.1 USES PERMITTED a) Residential Uses * Accessory single detached dwelling house, or * Accessory dwelling unit b) Non-Residential Uses * Antique Sales Establishment; * Auction Outlet: * Commercial Greenhouse; * Garden and nursery sales and supply establishment; * Gasoline retail facility; * Motor vehicle repair garage; * Motor vehicle service station; * Propane refill station where ancillary to a motor vehicle gas bar, a motor vehicle repair garage or a motor vehicle service station * Public use or utility in accordance with the General Provisions of this By- law; * Retail commercial establishment, provided the retail use is accessory and incidental to a permitted non-residential use and on the same lot * Veterinary clinic. c) Accessory Uses Uses, buildings, and structures accessory to any of the permitted uses specified in accordance with the General Provisions of this By-law. 5.21.2 PROVISIONS FOR RESIDENTIAL USES 5.21.2.1 Single Detached Dwelling House By-Law-2011-076 a) Separation Requirements (minimum) ......................... 10 metres from the permitted non-residential use. b) Yards (minimum): ZONE PROVISIONS SECTION 5 Loyalist Township 5-116 i) Front Yard .......................................................................... 15 metres ii) Exterior Side Yard ............................................................. 15 metres iii) Interior Side Yard ................................................................. 6 metres iv) Rear Yard ........................................................................... 15 metres c) Dwelling Unit Area (minimum) ...................................... 96 square metres d) Setback from Street Centreline: In accordance with the General Provisions of this By-law e) Number of Dwelling Houses per Lot (maximum) ....................................1 f) Height of Buildings (maximum) ................................................. 10 metres 5.21.2.2 Dwelling Unit in Portion of Non-Residential Building a) Dwelling Unit in Portion of Non-Residential Building: · One dwelling unit may be permitted over a non-residential building. · A dwelling unit is not permitted in or over a motor vehicle repair garage, a motor vehicle service station, or a motor vehicle service centre. b) Gross Floor Area per Dwelling Unit (minimum): i) One Bedroom Dwelling Unit ................................. 56 square metres ii) Two Bedroom Dwelling Unit ................................ 70 square metres iii) Three Bedroom Dwelling Unit .............................. 84 square metres iv) Dwelling unit containing more than three bedrooms: · 84 square metres plus 9 square metres for each bedroom in excess of three. 5.21.3 PROVISIONS FOR NON-RESIDENTIAL USES a) Lot Area (minimum) ........................................................................................ 0.4 ha b) Lot Frontage (minimum) ............................................................................ 45 metres c) Yards (minimum): ZONE PROVISIONS SECTION 5 Loyalist Township 5-117 i) Front Yard ...................................................................................... 15 metres ii) Exterior Side Yard ......................................................................... 15 metres iii) Interior Side Yard: * 6 metres except where the interior side lot line abuts a Residential Zone, in which case the minimum interior side yard shall be 12 metres iv) Rear Yard ................................................................................... 12 metres d) Lot Coverage (maximum) ................................................................... 50 percent e) Setback from Street Centreline: In accordance with the General Provisions of this By-law. f) Landscaped Open Space (minimum) ........................................................ 10 percent g) Height of Buildings (maximum) ........................................................ 10 metres h) Planting Strip: In accordance with the General Provisions of this By-law. 5.21.4 PROVISIONS FOR RETAIL GAS ESTABLISHMENTS In accordance with the General Provisions of this By-law. 5.21.5 PROVISIONS FOR OUTSIDE DISPLAY AND STORAGE Lands used for the outside display and sale of goods and materials shall comply with the following provisions: a) Not be located closer than 5 metres to the front lot line; b) Not be located closer than 2 metres to an interior side or rear lot line where the lot line abuts a lot zoned for commercial or industrial purposes or 6 metres of an interior side or rear lot line where the lot line abuts a lot zone for other than commercial or industrial purposes; and ZONE PROVISIONS SECTION 5 Loyalist Township 5-118 c) Not exceed 50 percent lot coverage. 5.21.6 GENERAL ZONE PROVISIONS In accordance with Section 4, General Provisions of this By-law 5.21.7 EXCEPTION PROVISIONS - RURAL COMMERCIAL (C3) ZONE 5.21.7.1 Rural Commercial Exception One (C3-1) Zone By-Law (2004-8) On the lands zoned C3-1; the following are the only permitted uses: Residential Uses ⋅ prohibited Non-Residential Uses ⋅ artist studio; ⋅ antique sales establishment; ⋅ commercial greenhouse; ⋅ garden nursery sales and supply establishment including outdoor storage of landscaping products in an interior side yard and rear yard only; ⋅ workshop; ⋅ retail commercial use excluding a convenience store. The principal building on the site shall not exceed 134 square metres in ground building area. All other provisions of the C3 zone pertain. 5.21.7.2 Rural Commercial Exception Two (C3-2) zone By-Law (2008-12) For the property described as Part of Lot 37, Concession 4, designated as Part 2, Plan 29R-8136 and addressed as 255 Shane Street, Odessa, the following provisions apply to the C3-2 zone: a) Lot Area (maximum)...............................................................0.2 ha b) Lot Frontage (maximum)................................................... 25 metres c) That all outdoor storage of equipment and vehicles shall be screened from abutting residential uses and public streets by building(s) or by a fence at least 1.8 metres in ZONE PROVISIONS SECTION 5 Loyalist Township 5-119 height from finished grade. All other provisions and uses of the Rural Commercial (C3) Zone apply. ZONE PROVISIONS SECTION 5 Loyalist Township 5-120 5.22 SHOPPING CENTRE COMMERCIAL (C4) ZONE No person shall within any Shopping Centre Commercial (C4) Zone use any lot or erect, alter or use any building or structure except as specified hereunder: 5.22.1 USES PERMITTED a) Residential Uses Prohibited. b) Non-Residential Uses · Arcade; · Bakery shop; · Bank or financial institution; · Brewers retail outlet; · Business, professional or administrative office; · Commercial Club; · Commercial School; · Convenience Store; · Day Nursery; · Department Store; · Drug Store; · Dry Cleaners Distribution Station and/or plant and/or coin operated laundry; · Eating Establishment; · Eating Establishment, drive through; · Eating Establishment; mobile; · Eating Establishment; take out; · Equipment sales and rental; · Furniture and appliance dealer; · Liquor control board outlet; · Liquor licensed premises; · Medical or Dental clinic; · Motor vehicle service station; · Motor vehicle repair garage; · Motor vehicle sales new and used; · Motor vehicle service and supply centre provided such use is a planned component of the shopping centre; · Outdoor café; · Parking Lot; ZONE PROVISIONS SECTION 5 Loyalist Township 5-121 · Place of entertainment; · Place of worship; · Police station; · Post Office; · Printing Establishment; · Private Club; · Public Library; · Public use or utility in accordance with the General Provisions of this By- law; · Retail commercial establishment; · Shopping centre; · Small appliance service shop; · Supermarket; · Tavern; · Veterinary clinic in a wholly enclosed building. c) Accessory Uses Uses, buildings, and structures accessory to any of the permitted uses specified in accordance with the General Provisions of this By-law. 5.22.2 PROVISIONS FOR NON-RESIDENTIAL USES a) Lot Area (minimum) ........................................................................................ 0.8 ha b) Lot Frontage (minimum) ............................................................................ 60 metres c) Yards (minimum): i) Front Yard ................................................................................... 12 metres ii) Exterior Side Yard ...................................................................... 12 metres iii) Interior Side Yard: · 6 metres except where the interior side lot line abuts a Residential Zone, in which case the minimum interior side yard shall be 12 metres. iv) Rear Yard: · 6 metres except where the rear lot line abuts a Residential Zone, in which case the minimum rear yard shall be 12 metres. d) Lot Coverage (maximum) ................................................................... 25 percent e) Setback from Street Centreline: ZONE PROVISIONS SECTION 5 Loyalist Township 5-122 In accordance with the General Provisions of this By-law. f) Landscaped Open Space (minimum) ........................................................ 10 percent g) Height of Buildings (maximum) ........................................................ 12 metres h) Planting Strip: In accordance with the General Provisions of this By-law. 5.22.3 PROVISIONS FOR RETAIL GAS ESTABLISHMENTS In accordance with the General Provisions of this By-law. 5.22.4 PROVISIONS FOR OUTSIDE DISPLAY AND STORAGE No open storage of goods or materials shall be permitted. 5.22.5 GENERAL ZONE PROVISIONS In accordance with Section 4, General Provisions of this By-law. 5.22.6 EXCEPTION PROVISIONS - SHOPPING CENTRE COMMERCIAL (C4) ZONE 5.22.6.1 Shopping Centre Commercial Exception One (C4-1) Zone Corner of Sherwood Avenue and Highway No. 33; Geographic Township of Ernestown. Within the C4-1 Zone, the following provisions apply: a) Lot Area (minimum) .............................................................. 1950 square metres b) Lot Frontage (minimum) ....................................................................... 40 metres 5.22.6.2 Shopping Centre Commercial Exception Two (C4-2) Zone By-Law 2002-25 Within the C4-2 Zone, the following additional non-residential use is allowed: ZONE PROVISIONS SECTION 5 Loyalist Township 5-123 ⋅ Motor Vehicle Wash, Automatic a) Permitted Residential Use: two dwelling units provided no portion of either unit is on the middle floor b) Gross Floor Area per Dwelling Unit (minimum): i) One Bedroom Dwelling Unit - 56 m² ii) Two Bedroom Dwelling Unit - 70 m² iii) Three Bedroom Dwelling unit - 84m² All other provisions of the C4 zone apply. 5.22.6.3 Shopping Centre Commercial Exception Three (C4-3) Zone By-Law (2014-009) By-Law (2008-02) For the property described as Part of Block B, Plan 344, designated as Part 12 on Reference Plan 29R-7675 and addressed as 242 Main Street, Bath, the following provisions apply to the C4-3 zone: a) Additional non-residential use is allowed: Motor Vehicle Wash, Automatic b) A fence having a height of 2.1 metres (7 feet) is constructed on the northern property line. All other provisions of the Shopping Centre Commercial (C4) Zone apply. 5.22.6.4 Shopping Centre Commercial Exception Four (C4-4) Zone For the property described as part of Lot 39, Broken Front Concession, fronting on the east side of Sherwood Avenue, Amherstview the following provisions apply to the C4-4 zone: a) Exterior side yard (minimum): 4.48 metres b) Interior side yard (minimum): 3 metres c) Rear yard (minimum): 2.7 metres d) Lot coverage (maximum): 28% e) Planting Strip: Not required provided adjacent residential properties abutting the interior lot line of this commercial property are screened by a solid fence measuring at least 2.0 metres in height. f) Parking space size (minimum): 2.75 metres wide by 6.0 metres in length ZONE PROVISIONS SECTION 5 Loyalist Township 5-124 g) Number of spaces (minimum): 46 h) Special Vehicle Parking Spaces (minimum): 4 i) Angle spaces (minimum length): 6 metres j) Parking spaces shall be no closer than 1.5 metres to any street line and not less than 1.0 metre to a lot line abutting lots in a residential zone. k) Accessory building setback to main building (minimum): 0.6 metres All other provisions of the Shopping Centre Commercial (C4) Zone apply. 5.22.6.5 Shopping Centre Commercial Exception Five (C4-5) Zone By-Law 2012-110 By-Law 2014-078 a) Non- Residential Uses For the property described as part of Lot 36, Concession 1, fronting on the west side of Speers Boulevard and the south side of Amherst Drive, Amherstview the following additional non-residential uses are permitted in the C4-5 Zone: 1. Assembly Hall; 2. Club, private; 3. Drugless practitioner; 4. Funeral home; 5. Fraternal Lodge; 6. Hotel; 7. Motel; 8. School, commercial; 9. School, private; 10. Personal service shop b) Residential Uses A maximum of eight dwelling units may be permitted per non- residential building except that one building may have up to 16 dwelling units. Any dwelling unit may only be permitted over a non-residential use. No more than 40 dwelling units shall be allowed on the property. c) Lot Area (minimum): 0.65 hectares d) Yards i. Front Yard (minimum): 1.0 metre ii. Exterior Side Yard (minimum): 1.0 metre ZONE PROVISIONS SECTION 5 Loyalist Township 5-125 e) Lot Coverage (maximum): 30 percent f) Zone Provisions for Residential Uses: i. Dwelling units shall be located above the first floor ii. Gross Floor Area Per Dwelling Unit (minimum): a) One Bedroom Dwelling Unit: 56 square metres b) Two Bedroom Dwelling Unit 70 square metres c) Three Bedroom Dwelling Unit 84 square metres Dwelling Unit containing more than 3 bedrooms: 84 square metres plus 9 square metres for each bedroom in excess of three. g) Building Height (maximum): 14.5 metres h) Notwithstanding the parking area regulations found in Section 4.27 of this by-law, for lands zoned C4-5, the minimum parking space width shall be 2.7 metres, the minimum aisle width shall be 6.0 metres and 134 parking spaces shall be provided consisting of 117 on site spaces and 17 off-site spaces." All other provisions of the Shopping Centre Commercial (C4) Zone apply. 5.22.6.6 Shopping Centre Commercial Exception Six (C4-6) Zone By-Law 2012-069 a) Exterior Side Yard (minimum) 3 metres b) If a Holding (H) symbol is applied, in addition to the requirements to remove a Holding (H) symbol as found in Section 4.18, the existing stormwater pond shall be relocated to a suitable location to the satisfaction of the Township. c) All other provisions of the Shopping Centre Commercial (C4) Zone apply. 5.22.6.7 Shopping Centre Commercial Exception Seven (C4-7) Zone In addition to the non-residential uses permitted in C4 zone, the following uses are allowed: - Drug store - Drugless practitioner - Personal service shop - School, commercial - School, private The following zone provisions should apply a) Lot area (minimum) 0.8 hectares b) Lot frontage (minimum) 60.0 metres c) Front Yard (minimum) 6.0 metres d) Exterior side yard (minimum) 6.0 metres ZONE PROVISIONS SECTION 5 Loyalist Township 5-126 e) Interior side yard (minimum): 6.0 metres except adjacent to residential uses, then 12.0 metres f) Rear yard (minimum): 6.0 metres except adjacent to residential used then 12.0 metres All other provisions of the C4 zone apply. 5.22.6.3 Shopping Centre Commercial Exception Three (C4-8) Zone By-Law (2004-96) By-Law (2014-009) On lands zoned C4-8, the only allowed non-residential permitted uses are: - Artist studio; - Bakery or bake shop; - Bank or financial institution; - Business, professional or administrative offices; - Convenience store; - Day nursery; - Drug store; - Dry cleaners distribution station; - Eating establishment; - Eating establishment, take out; - Liquor licensed premises; - Medical or dental clinic; - Outdoor café; - Personal service shop; - Post office; - Public library; - Public use or utility in accordance with the General provisions of the by-law; - Retail commercial establishment; and - Shopping centre. All other provisions of the C4 zone apply. 5.22.6.9 Shopping Centre Commercial Exception Nine (C4-9) Zone 2018-020 No person shall within any C4-9 Zone use any lot or erect, alter or use any building or structure for any purposes except one or more of the following C4-9 uses, namely: 1) Uses Permitted: ZONE PROVISIONS SECTION 5 Loyalist Township 5-127 a) Residential Uses A maximum of 18 dwelling units may be permitted over a non-residential building. b) Non- Residential Uses: - Antique Sales; - Ambulance Station; and - Public Park; - All non-residential uses in the C4 Zone are allowed except that a motor vehicle service station, motor vehicle repair garage, motor vehicle sales new and used, motor vehicle service and supply centre are prohibited. c) Accessory Uses: Uses, buildings and structures accessory to any of the permitted uses specified in accordance with the General provisions of the By-law. 2) Zone Provisions No person shall within any C4-9 Zone use any lot or erect, alter or use any building or structure except in accordance with the following provisions: a) Lot Frontage (minimum).........................................................15.0 metres b) Rear Yard (minimum)............................................................5.0 metres c) Interior Side Yard (minimum)...................................................3.0 metres d) Exterior Side Yard (minimum).................................................3.0 metres e) Lot Coverage (maximum).......................................................30.0 metres f) Lot Area (minimum)..............................................................0.40 hectares g) Height of Buildings (maximum)............................................... 14.5 metres h) Dwelling unit Area (minimum) Dwelling units shall be located above the first floor i. Gross floor area per dwelling (minimum) ii. One Bedroom Dwelling Unit: 56 square metres iii. Two Bedroom Dwelling Unit: 70 square metres iv. Three Bedroom Dwelling unit 84 square metres v. Dwelling Unit containing more than 3 bedrooms: 84 square metres plus 9 square metres for each bedroom in excess of three. i) Number of Units (maximum)..................................................18 j) Landscaped Open Space (minimum)........................................30.0 metres k) Parking spaces required to be 2.7 metres by 6.0 metres l) Parking in accordance with Section 4.27 Parking Area Regulations, the minimum off street ZONE PROVISIONS SECTION 5 Loyalist Township 5-128 parking requirement is 1.5 parking spaces for each dwelling unit. m) Setback from Street Centreline: In accordance with the General Provisions of this By- Law. n) Planting Strip in accordance with the General provisions of this By-Law. All other provisions of the C4 Zone apply. ZONE PROVISIONS SECTION 5 Loyalist Township 5-129 5.23 VILLAGE COMMERCIAL (C5) ZONE No person shall within any Village Commercial (C5) Zone use any lot or erect, alter or use any building or structure except as specified hereunder: 5.23.1 USES PERMITTED a) Residential Uses Accessory dwelling unit. b) Non-residential Uses · Antique sales establishment; · Artist studio; · Bakery or bake shop; · Bank or financial establishment; · Brewers retail outlet and liquor control board outlet; · Business, professional or administrative office; · Coin Operated Laundry; · Commercial School; · Convenience Store; · Custom Workshop; · Day nursery; · Dry cleaner's distribution station; · Eating Establishment; · Eating Establishment, mobile; · Fraternal lodge; · Funeral Home; · Furniture and appliance dealer; · Hotel; · Light Equipment Sales and Rental Establishment; · Medical or dental clinic; · Outdoor café; · Parking lot; · Place of entertainment; · Personal service shop; · Printing Establishment; · Public use or utility in accordance with the General Provisions of this By- law; · Retail commercial establishment; ZONE PROVISIONS SECTION 5 Loyalist Township 5-130 · Service shop, merchandise; · Small appliance service shop; · Tavern; · Supermarket; and · Veterinary clinic in a wholly enclosed building. c) Accessory Uses Uses, buildings, and structures accessory to any of the permitted uses in accordance with the General Provisions of this By-law. 5.23.2 ZONE PROVISIONS FOR RESIDENTIAL USES a) Dwelling Unit in Portion of Non-Residential Building: · A maximum of three (3) dwelling units may be permitted over a non-residential building. b) Gross Floor Area per Dwelling Unit (minimum): i) One Bedroom Dwelling Unit ................................................ 56 square metres ii) Two Bedroom Dwelling Unit ............................................... 70 square metres iii) Three Bedroom Dwelling Unit ............................................. 84 square metres vi) Dwelling unit containing more than three bedrooms: · 84 square metres plus 9 square metres for each bedroom in excess of three. 5.23.3 ZONE PROVISIONS FOR NON-RESIDENTIAL USES a) Lot Area (minimum) ................................................................... 456 square metres b) Lot Frontage (minimum) ............................................................................ 15 metres c) Yards (minimum): i) Front Yard ........................................................................................ 0 metres ii) Exterior Side Yard ........................................................................... 0 metres iii) Interior Side Yard ............................................................................. 0 metres * where the interior side yard lot line abuts a Residential zone, the minimum interior side yard shall be 6 metres. iv) Rear Yard ........................................................................................ 6 metres d) Lot Coverage (maximum) ........................................................................ 50 percent ZONE PROVISIONS SECTION 5 Loyalist Township 5-131 e) Setback from Street Centreline: In accordance with the General Provisions of this By-law. f) Landscaped Open Space (minimum) ........................................................ 10 percent g) Height of Buildings (maximum) ........................................................ 10 metres h) Planting Strip: In accordance with the General Provisions of this By-law. 5.23.4 PROVISIONS FOR OUTSIDE DISPLAY AND STORAGE No open storage of goods or materials shall be permitted. 5.23.5 GENERAL ZONE PROVISIONS In accordance with Section 4, General Provisions of this By-law. 5.23.6 EXCEPTION PROVISIONS - VILLAGE COMMERCIAL (C5) ZONE 5.23.6.1 Village Commercial Exception One (C5-1) Zone Part of Lot 32, Concessions 3 and 4, Odessa On the lands zoned C5-1 the permitted uses are restricted to: · Antique sales establishment; · Artist studio; · Bank or financial establishment; · Business, professional or administrative office; · Commercial school; · Custom workshop; · Day nursery; · Medical clinic; · Personal service shop; · Printing establishment; ZONE PROVISIONS SECTION 5 Loyalist Township 5-132 · Public use or utility in accordance with the General Provisions of this By- law; · Retail establishment; · Service shop, merchandise; and · Veterinary clinic in a wholly enclosed building 5.23.6.2 Village Commercial Exception Three (C5-2) Zone By-Law (2005-100) On property described as part of Lots 72 and 73, Registered Plan 91, 182 Main Street - Odessa, in addition to the existing permitted non-residential uses, the following uses are allowed: - motor vehicle repair garage; - motor vehicle service station; - motor vehicle sales, used, provided that no more than eight (8) vehicles offered for sale are on site at any time. Notwithstanding the minimum rear yard setback requirement of the C5 zone, on property zoned C5-2, the minimum rear yard setback shall be 0.45 metres. All other provisions of the C5 zone apply. 5.23.6.3 Village Commercial Exception Three (C5-3) Zone By-Law (2005-99) On lands zoned C5-3, a planting strip is allowed to have a minimum width of 2.0 metres. In addition, the minimum setback of a parking area from a street line is allowed to be a minimum of 1.0 metre. All other requirements of the C5 zone apply. 5.23.6.4 Village Commercial Exception Four (C5-4) Zone By-Law (2015-061) For the property described as Lot 170, Plan 91, 118 Main Street, Odessa, the following provisions apply: a) Additional permitted non-residential use...............Custom workshop for metal b) Maximum number of permitted employees.....................12 c) No outdoor storage shall be permitted. d) The maximum number of required parking spaces.......8 e) A planting strip is not required where the abutting residential property fronts on Main Street and other required planting strips are reduced to 1.5 metres in width. f) The minimum width of a driveway leading to a loading space shall be 3 metres. g) The interior side yard shall be 0 metres where the lot line abuts a residential zone where the properties front on Main Street. ZONE PROVISIONS SECTION 5 Loyalist Township 5-133 All other provisions and uses of the Village Commercial (C5) Zone apply. 5.23.6.5 Village Commercial Exception Five (C5-5) Zone By-Law (2014-046) On lands zoned C5-5, the following provisions shall apply: 1. Minimum Interior yard where it abuts a Residential Zone - 5 metres 2. Minimum Rear Yard - 2 metres 3. Maximum Height of a Detached Accessory Garage - 5.5 metres 4. Required number of loading bays - 0 5. Required number of Commercial parking spaces - 1 6. Minimum width of required planting strip - 2.0 metres All other requirements of the C5 zone apply. ZONE PROVISIONS SECTION 5 Loyalist Township 5-134 5.24 RECREATION COMMERCIAL (C6) ZONE No person shall within any Recreation Commercial (C6) Zone use any lot or erect, alter or use any building or structure except as specified hereunder: 5.24.1 USES PERMITTED a) Residential Uses * Accessory single detached dwelling house; or * Accessory dwelling unit b) Non-residential Uses By-Law 2011-076 * Cabin Establishment * Camping Establishment; * Convenience store where ancillary to a permitted non-residential use specified herein; * Cottage Establishment; * Eating Establishment; if ancillary to a cabin establishment, a camping establishment, a cottage establishment or a resort establishment; * Marina or marine sales and service establishment; * Miniature golf course; * Outdoor Cafe; * Trailer park; * Public use or utility in accordance with the General Provisions of this By- law; * Recreational vehicle and travel trailer sales and service establishment; * Resort establishment; * Snowmobile sales and service establishment; * Outside display and sale of goods and materials ancillary to a permitted non- residential use specified herein and in accordance with the general provisions of this By-law. c) Accessory Uses Uses, buildings and structures accessory to any of the permitted uses in accordance with the General Provisions of this By-law. ZONE PROVISIONS SECTION 5 Loyalist Township 5-135 5.24.2 ZONE PROVISIONS FOR RESIDENTIAL USES 5.24.2.1 Single Detached Dwelling House By-Law-2011-076 a) Separation Requirements (minimum) ............................. 10 metres from the permitted non-residential use. b) Yard Requirements (minimum): i) Front Yard .......................................................................... 15 metres ii) Exterior Side Yard ............................................................. 10 metres iii) Interior Side Yard ................................................................. 6 metres iv) Rear Yard ........................................................................... 15 metres c) Dwelling Unit Area (minimum) ......................................... 96 square metres d) Setback from Street Centreline: In accordance with the General Provisions of this By-law. e) Dwelling Houses per Lot (maximum) .........................................................1 f) Height of Buildings (maximum) .................................................... 10 metres 5.24.2.2 Dwelling Unit in Portion of Non-Residential Building a) Number of dwelling units (maximum) ........................................................1 b) Gross Floor Area per Dwelling Unit (minimum): i) One Bedroom Dwelling Unit ................................. 56 square metres ii) Two Bedroom Dwelling Unit ................................ 70 square metres iii) Three Bedroom Dwelling Unit .............................. 84 square metres iv) Dwelling unit containing more than three bedrooms: * 84 square metres plus 9 square metres for each bedroom in excess of three. 5.24.3 PROVISIONS FOR NON-RESIDENTIAL USES a) Lot Area (minimum) ........................................................................................ 0.8 ha ZONE PROVISIONS SECTION 5 Loyalist Township 5-136 b) Lot Frontage (minimum) ............................................................................ 60 metres c) Yards (minimum): i) Front Yard ............................................................................................ 15 metres ii) Exterior Side Yard ............................................................................... 15 metres iii) Interior Side Yard: · 6 metres except where the interior side lot line abuts a Residential Zone, in which case the minimum interior side yard shall be 12 metres iv) Rear Yard ......................................................................................... 12 metres d) Lot Coverage (maximum) ................................................................... 40 percent e) Setback from Street Centreline: In accordance with the General Provisions of this By-law. f) Landscaped Open Space (minimum) ....................................................... 10 percent g) Height of Buildings (maximum) ........................................................ 10 metres h) Planting Strip: In accordance with the General Provisions of this By-law. 5.24.4 SPECIAL PROVISIONS- CABIN, COTTAGE OR RESORT ESTABLISHMENTS a) Lot Area (minimum) ...................................................................................... 2 ha b) Lot Frontage (minimum) ............................................................................ 90 metres c) Yards (minimum): i) Front Yard ......................................................................................... 15 metres ii) Exterior Side Yard ............................................................................ 15 metres iii) Interior Side Yard: · 6 metres except where the interior side lot line abuts a Residential Zone, in which case the minimum interior side yard shall be 12 metres iv) Rear Yard .......................................................................................... 12 metres d) Lot Coverage (maximum) ......................................................................... 40 percent ZONE PROVISIONS SECTION 5 Loyalist Township 5-137 e) Setback from Street Centreline: In accordance with the General Provisions of this By-law. f) Landscaped Open Space (minimum) ........................................................ 10 percent g) Height of Buildings (maximum) ................................................................ 10 metres h) Distance between Cabins or Cottages on the same lot (minimum) ............. 6 metres 5.24.5 SPECIAL PROVISIONS- CAMPING LOTS a) Camping Lot Area (minimum) .................................................... 185 square metres b) Camping Lot Frontage (minimum) .............................................................. 9 metres 5.24.6 SPECIAL PROVISIONS- TRAILER PARKS a) Lot Area (minimum) ................................................................................. 4 hectares b) Lot Frontage (minimum) .......................................................................... 100 metres c) Yards (minimum): i) Front Yard ......................................................................................... 15 metres ii) Exterior Side Yard ............................................................................ 10 metres iii) Interior Side Yard ................................................................................ 6 metres iv) Rear Yard .......................................................................................... 15 metres d) Lot Coverage (maximum) ........................................................................ 30 per cent e) Landscaped Open Space (minimum) ....................................................... 30 per cent f) Recreational Trailer Site Area (minimum) .................................. 232 square metres g) Recreational Trailer Site Frontage (minimum) .......................................... 10 metres h) Separation Distance Between Sites (minimum)........................................... 3 metres i) Density of Sites (maximum) ....................................................... 35 sites per hectare (exclusive of lands used for private roads providing access to sites) j) Recreational Trailer Site Coverage (maximum) ...................................... 35 per cent k) Recreational Trailer Dwelling Unit Area (maximum) ................... 44 square metres ZONE PROVISIONS SECTION 5 Loyalist Township 5-138 5.24.7 OUTSIDE DISPLAY AND STORAGE Lands used for the outside display and sale of goods and materials shall: a) Not be located closer than 7.5 metres to the front lot line; b) Not be located closer than 2 metres to an interior side or rear lot line where the lot line abuts a lot zoned for commercial or industrial purposes or 6 metres of an interior side or rear lot line where the lot line abuts a lot zone for other than commercial or industrial purposes; and c) Not exceed 30 percent lot coverage. 5.24.8 GENERAL ZONE PROVISIONS In accordance with Section 4, General Provisions of this By-law. 5.24.9 EXCEPTION PROVISIONS - RECREATIONAL COMMERCIAL (C6) ZONE 5.24.9.1 Recreational Commercial Exception One (C6-1) Zone By-law 2013-024 1) Uses Permitted No person shall within any C6-1 Zone use any lot or erect, alter or use any building or structure for any purpose except one or more of the following C6-1 uses, namely: a) Residential Uses - Accessory Single Detached Dwelling House including a secondary unit to be fully located within the primary dwelling; and - Accessory Dwelling Unit b) Non- Residential Uses - Marina - Administrative Office associated with the principle marina facility; - Marina Sales and Service Establishment - Club, Commercial; - Convenience store associated with the primary marina facility; - Eating Establishment; - Outside display and sale of goods and materials ancillary to a permitted non-residential use specified herein and in accordance with the general provisions of this By-law. - Uses, buildings and structures accessory to any of the permitted uses ZONE PROVISIONS SECTION 5 Loyalist Township 5-139 in accordance with the General Provisions of this By-Law. c) Accessory Uses: In accordance with the by-law. 2) Zone Provisions No person shall within any C6-1 Zone use any lot or erect, alter or use any building or structure except in accordance with the following provisions: a) Lot Area (minimum) 0.8 ha b) Lot Frontage (minimum) 20 m c) Front Yard (minimum) 7m d) Setback to Floodplain (minimum) 15m e) Exterior Side Yard (minimum) 3.0 m f) Interior Side Yard (minimum) 6.0 metres (12.0 Abutting residential zone) g) Rear Yard (minimum) 7.5 m h) Lot Coverage (maximum) 40% i) Height of Buildings (maximum) 10m j) Landscaped Open Space (minimum) 10% k) Notwithstanding the provisions of Section 4.1.2 (b) which apply to accessory buildings the accessory garage shall be permitted to encroach within 1 m of any lot line. l) Notwithstanding the Parking Area Requirements for marinas found in Section 4.27 (a) 0.5 spaces per boat will be permitted. m) Notwithstanding the Parking Area Design Requirements found in Section 4.27 (d) v) requiring a driveway width of 7.0 metres, 6.0 metres shall be provided. n) Notwithstanding the Parking Area Location on Lot provisions found in Section 4.27 (h) requiring driveways and parking spaces to be at least 3 metres from the boundary of a Residential Zone, the setback shall be 0 metres. o) The provisions found within Section 4.29 shall not apply. p) Notwithstanding any provisions of the by-law found here within, pump stations and transformers may be located within 0 metres of any lot line." ZONE PROVISIONS SECTION 5 Loyalist Township 5-140 5.25 LIGHT INDUSTRIAL (M1) ZONE No person shall within any Light Industrial (M1) Zone use any lot or erect, alter or use any building or structure except as specified hereunder: 5.25.1 USES PERMITTED a) Residential Uses Prohibited. b) Non-residential Uses · Ambulance Station; · Building Supply Outlet; · Business, Professional or Administrative office · Courier Establishment; · Fire hall; · Information Industry; · Laboratory and research facility; · General Industrial Use, provided such use, from its nature or materials used therein is not considered noxious; · Municipal, County, Provincial Maintenance Depot · Printing establishment; · Public use or utility in accordance with the General Provisions of this By- law; · Retail establishment, provided the retail use is accessory and incidental to a permitted non-residential use specified hereunder and does not occupy more than 25 percent of the gross floor area of the buildings or structures; · Truck Repair and maintenance depot; · Warehouse; · Water Tower; and · Water treatment plant c) Accessory Uses Uses, buildings and structures accessory to any of the permitted uses in accordance with the General Provisions of this By-law. ZONE PROVISIONS SECTION 5 Loyalist Township 5-141 5.25.2 PROVISIONS FOR NON-RESIDENTIAL USES a) Lot Area (minimum) ........................................................................................ 0.4 ha b) Lot Frontage (minimum) ............................................................................ 45 metres c) Yards (minimum): i) Front Yard ...................................................................................... 15 metres ii) Exterior Side Yard ......................................................................... 15 metres iii) Interior Side Yard ............................................................................. 6 metres · Where the interior side lot line or rear lot line abuts a Residential Zone the minimum yard requirement shall be 20 metres. iv) Rear Yard ................................................................................... 15 metres d) Lot Coverage (maximum) ......................................................................... 40 percent e) Setback from Street Centreline: In accordance with the General Provisions of this By-law. f) Landscaped Open Space(minimum) ......................................................... 10 percent g) Height of Buildings (maximum) ........................................................ 12 metres h) Planting Strip: In accordance with the General Provisions of this By-law. 5.25.3 USE OF FRONT AND EXTERIOR SIDE YARDS Required front and exterior side yards shall be open and unobstructed except that such yards may be used for the purpose of parking in accordance with the general provisions. 5.25.4 OUTSIDE DISPLAY AND STORAGE Outside display and/or storage of goods or materials shall: a. Be restricted to the area to the rear of the front of the principal structure and shall comply with the required front and exterior side yard and setback requirements provided that such outside storage is not located closer than 5 metres to an interior ZONE PROVISIONS SECTION 5 Loyalist Township 5-142 side lot line where the lot line abuts a lot zoned residential. b. Not cover more than 50 percent of the total lot area; and c. Be screened from adjacent residential uses and public streets by buildings, or is enclosed by planting in conjunction with a planting strip or, is enclosed by a fence extending at least 1.8 metres in height above the finished grade. 5.25.5 GENERAL ZONE PROVISIONS In accordance with Section 4, General Provisions of this By-law. 5.25.6 EXCEPTION PROVISIONS - LIGHT INDUSTRIAL (M1) ZONE 5.25.6.1 Light Industrial Exception One (M1-1) Zone Part of Lot 32, Concession 3, Odessa On the lands zoned (M1-1) the permitted uses are restricted to: a) Residential Uses: Single detached dwelling unit b) Non-Residential Uses: · Woodworking shop located in a single building located in the rear yard behind the single detached dwelling; and · Public use. c) Outside Storage: No outside or open storage of goods, materials or equipment or machinery associated with the woodworking shop shall be permitted. 5.25.6.2 Light Industrial Exception Two (M1-2) Zone Part of Lot 13, Broken Front Concession Within the M1-2 zone the permitted uses are restricted to a municipal (public works) yard and public uses. ZONE PROVISIONS SECTION 5 Loyalist Township 5-143 5.25.6.3 Light Industrial Exception Three (M1-3) Zone Part of Lot 11, Concession1 Within the M1-3 zone the permitted uses are restricted to a single detached dwelling and a contractors yard. 5.25.6.4 Light Industrial Exception Four (M1-4) Zone Part of Lot 34, Concession 1 Within the M1-4 zone the following additional uses are permitted: · Motor vehicle dealership where no more than 10 vehicles are offered for sale at any one time; · Motor vehicle repair garage; and · Propane refill facility. 5.25.6.5 Light Industrial Exception Five (M1-5) Zone Part of Lot G, Gore Concession (Concession 8). Within the M1-5 Zone the uses permitted are restricted to: · Accessory single detached dwelling unit; and · Upholstery shop. 5.25.6.6 Light Industrial Exception Six (M1-6) Zone Part of Lot 19, Concession 1; Ernestown Within the M1-6 zone, the uses permitted include: · An existing single unit dwelling house · Motor Vehicle service station 5.25.6.7 Light Industrial Exception Seven (M1-7) Zone Part of Lot 35, Concession 1; Ernestown Within the M1-7 Zone the uses permitted include: · Motor Vehicle repair garage ZONE PROVISIONS SECTION 5 Loyalist Township 5-144 5.25.6.8 Light Industrial Exception Eight (M1-8) Zone By-Law (88-2004) Within the M1-8 zone, the uses permitted include: - Business, professional or Administrative Office; - Courier Establishment - Laboratory or research facility; - Public use or utility in accordance with the general provisions of the by-law; - Retail establishment, provided the retail use is accessory and incidental to a permitted non-residential use specified hereunder and does not occupy more than 25% of the gross floor area of the building or structure; - Warehouse All other provisions of the "M1" zone apply. 5.25.6.9 Light Industrial Exception Nine (M1-9) Zone By-Law (107-2004)  On the lands zoned M1-9, the only permitted non-residential uses are as follows:  Building supply outlet;  Business, Professional or Administrative office, provided the office is accessory and incidental to a permitted non-residential use specified hereunder and does not occupy more than 25 percent of the gross floor area of the buildings or structures;  Courier establishment;  Light manufacturing, provided such use, from its nature or materials used therein is not considered noxious;  Retail establishment, provided the retail use is accessory and incidental to a permitted non-residential use specified hereunder and does not occupy more than 25 percent of the gross floor area of the buildings and structures;  Warehouse. Not withstanding Section 4.32 b) of this by-law, one property in Lot 31, Concession 1, described as Parts 1 and 2, on Reference Plan 29R-7739, may be serviced by a private subsurface sewage disposal (septic) system and by a private well. All other provisions of the M1 zone apply. ZONE PROVISIONS SECTION 5 Loyalist Township 5-145 5.25.6.10 Light Industrial Exception Ten (M1-10) Zone By-Law (2005-27) On the lands zoned Light Industrial Exception Ten (M1-10) zone, no person shall within the Light Industrial Exception Ten (M1-10 zone use any lot or erect, alter or use any building or structure as specified hereunder: 5.25.6.10.1 Uses Permitted a) Residential Uses Prohibited b) Non Residential Uses - Business, professional or Administrative Office; - Contractors Yard provided all construction equipment and material (except two trucks not restricted by capacity requirements and any other trucks that do not exceed a five tone rated capacity) are stored or parked inside a building; - Laboratory and research facility; - General Industrial Use, provided such use, from its nature or materials used therein is not considered noxious; - Municipal, County, Provincial Maintenance Depot; - Printing establishment; - Courier Establishment; - Laboratory or research facility; - Public use or utility in accordance with the general provisions of the by-law; - Retail establishment, provided the retail use is accessory and incidental to permitted non-residential use specified hereunder and does not occupy more than 25% of the gross floor area of the building or structure; - Warehouse - Water Tower; and - Water treatment plant. c) Accessory Uses Uses, buildings and structures accessory to any of the permitted uses in accordance with the General Provisions of this By-law. 5.25.6.10.2 Outside Display and Storage Outside display and/or storage of goods or materials is prohibited. ZONE PROVISIONS SECTION 5 Loyalist Township 5-146 5.25.6.10.3 Other M1 Provisions All other provisions of the Light lndustrial (M1) zone apply. 5.25.6.10.4 General Zone Provisions In accordance with Section 4, General Provisions of this By-law. 5.25.6.11 Light Industrial Exception Eleven (M1-11) Zone By-Law 2008-79 Notwithstanding the non-residential uses of the Light Industrial (M1) zone, a truck repair and maintenance depot shall not be permitted on lands zoned M1-11. All other non- residential uses of the M1 zone are allowed, plus self-storage units are permitted as an additional non-residential use. All other provisions of the M1 zone apply. 5.25.6.12 Light Industrial Exception Twelve (M1-12) Zone By-Law 2011-76 On the lands zoned Light Industrial Exception Twelve (M1-12) Zone, no person shall within the M1-12 zone use any lot or erect, alter or use any building or structure as specified hereunder: 1. Uses Permitted The non-residential, residential and accessory uses listed in the M1 zone are permitted plus the following uses are allowed in the M1-12 zone. - equipment sales and rental - small engine repair and rental - custom workshop - broadcasting/communications establishment - education and training facility 2. Provisions for Non-Residential Uses a) Lot Area (minimum) 0.2 ha b) Lot Frontage (minimum) 30 metres c) Yards (minimum) i) Front Yard 8 metres ii) Exterior Side Yard 8 metres iii) Interior Side Yard Same as M1 zone iv) Rear Yard 8 metres d) Lot Coverage (maximum) 50 percent ZONE PROVISIONS SECTION 5 Loyalist Township 5-147 e) The provisions of the M1 zone apply for landscaped open space, height of buildings and planting strip. 3. Parking Provisions All parking provisions of Section 4.27 of the zoning by-law shall apply except for the following requirements: Non-Residential Uses Minimum Off-Street Parking Requirement a) Business/professional office 1 parking space per 28 square metres education and training Facility of gross floor area or portion thereof accessory retail showroom b) Laboratory and research 1 parking space per 38 square metres facility, printing establishment, of gross floor area or portion thereof courier establishment, custom workshop c) General Industrial Use 1 parking space per 75 square metres of gross floor area or portion thereof d) Warehouse 1 parking space per 150 square metres of gross floor area or portion thereof e) Other Uses not listed 1 parking space per 100 square metres of gross floor area or portion thereof 4. For the purposes of the use of front and exterior side yards, outdoor display and storage, and general zone provisions, the M1 zone shall apply. 5.25.6.13 Light Industrial Exception Thirteen (M1-13) Zone 1. Permitted Uses: a) Residential uses: prohibited b) Non - Residential Uses Permitted: - Arena - Building supply outlet - Broadcasting communications establishments - Business, professional or administrative office - Clinic, medical - Club, commercial - Club, private - Courier establishment - Education and training facility - Laboratory and research facility - Light manufacturing, processing and fabricating plant - Printing establishment ZONE PROVISIONS SECTION 5 Loyalist Township 5-148 - Private park - Public use in accordance with the General Provision of this by- law - Retail establishment, provided the retail use is accessory and incidental to the permitted non- residential use specified hereunder and does not occupy more that 25 per cent of the gross floor area of the buildings or structures. - School, commercial - Veterinary clinic - Warehouse 2. Zone Provisions No person shall within any M1-13 zone use any lot or erect, alter or use any building or structure except in accordance with the following provisions: a) Lot area (minimum): 0.4 hectares b) Lot frontage (minimum): 45 metres c) Front yard (minimum): 8.0 metres d) Exterior side yard (minimum): 8.0 metres e) Interior side yard (minimum): 6.0 metres (12.5 metres adjacent to a residential use) f) Rear yard (minimum): 6.0 metres (12.5 metres adjacent to a residential use) g) Lot coverage (maximum): 45% h) Height of building: 12 metres i) Parking provisions are regulated by the M1-12-zone j) Outdoor storage setback (minimum): 10 metres from a lot line abutting a residential use and must be screened. 5.25.6.14 Light Industrial Exception Fourteen (M1-14) Zone By-Law 2017-37 For the property described as Lot 4 Plan 29M-10 in the Loyalist East Business Park Within the M1-14 Zone, the following additional non-residential use provisions is permitted: 1. Permitted Uses - Subject Waste Transfer and Processing Facility with accessory non-hazardous materials. All other provisions and uses of the Light Industrial Exception Twelve (M1-12) Zones apply. ZONE PROVISIONS SECTION 5 Loyalist Township 5-149 5.25.6.15 Light Industrial Exception Fifteen (M1-15) Zone By-Law 2018-002 Within any M1-15 Zone, a motor vehicle repair garage is an additional allowed non-residential use. All other provisions of the M1-12 and M1 Zone apply. 5.25.6.16 Light Industrial Exception Sixteen (M1-16) Zone By-Law 2018-073 For lands zoned M1-16, an additional permitted non-residential use includes an eating establishment. The number of easting establishments shall be limited to 1 and shall occupy a gross floor area of no more than 135m2 and having a maximum servicing capacity of 30 customers. All other requirements of the M1-12 and M1 Zones shall apply. ZONE PROVISIONS SECTION 5 Loyalist Township 5-150 5.26 RURAL INDUSTRIAL (M2) ZONE No person shall within any Rural Industrial (M2) Zone use any lot or erect, alter or use any building or structure except as specified hereunder: 5.26.1 USES PERMITTED a) Residential Uses · Accessory single detached dwelling · Home occupation b) Non-Residential Uses · Abattoir; · Agricultural produce warehouse; · Ambulance Station; · Business or professional office provided such use is accessory to a permitted non-residential use specified herein; · Building Supply Outlet; · Cheese Factory; · Farm Implement and equipment sales and service establishment; · Feed Mill; · Fire Hall; · Grain drying and cleaning operations; · Woodworking shop; · Public use or utility in accordance with the General Provisions of this By- law; · Retail sales outlet where such use is accessory to a permitted non-residential use specified herein; · Saw and/or planing mill; · Small engine sales and service establishment; · Truck Repair and maintenance depot; · Veterinary clinic; and · Workshop c) Accessory Uses Uses, buildings, and structures accessory to any of the permitted uses in accordance with the General Provisions of this By-law. ZONE PROVISIONS SECTION 5 Loyalist Township 5-151 5.26.2 PROVISIONS FOR RESIDENTIAL USES By-Law-2011-076 5.26.2.1 Single Detached Dwelling House a) Separation (minimum) ................................................. 10 metres from the permitted non-residential use. b) Yards (minimum): i) Front Yard .......................................................................... 15 metres ii) Exterior Side Yard ............................................................. 15 metres iii) Interior Side Yard ................................................................ 6 metres · The minimum interior side yard where there is an attached garage or carport with no habitable rooms above the garage or carport shall be 1.2 metres on the side where the garage or carport is located iv) Rear Yard ........................................................................... 15 metres . c) Dwelling Unit Area (minimum) ...................................... 96 square metres d) Setback from Street Centreline: In accordance with the General Provisions of this By-law. e) Number of Dwelling Houses per Lot (maximum) ....................................1 f) Height of Buildings (maximum) ................................................. 10 metres 5.26.3 PROVISIONS FOR NON-RESIDENTIAL USES a) Lot Area (minimum) ........................................................................................ 0.8 ha b) Lot Frontage (minimum) ............................................................................ 60 metres c) Yards (minimum): i) Front Yard ...................................................................................... 15 metres ii) Exterior Side Yard ......................................................................... 20 metres iii) Interior Side Yard ........................................................................... 10 metres · Where the interior side lot line abuts a Residential Zone the minimum yard requirement shall be 20 metres. ZONE PROVISIONS SECTION 5 Loyalist Township 5-152 iv) Rear Yard ................................................................................... 15 metres · Where the rear lot line abuts a Residential Zone the minimum yard requirements shall be 20 metres. d) Lot Coverage (maximum) ......................................................................... 40 percent e) Setback from Street Centreline: In accordance with the General Provisions of this By-law. f) Landscaped Open Space (minimum) ........................................................ 10 percent g) Height of Buildings (maximum) ........................................................ 12 metres h) Planting Strip: In accordance with the General Provisions of this By-law. 5.26.4 USE OF FRONT AND EXTERIOR SIDE YARDS Required front and exterior side yards shall be open and unobstructed except that such yards may be used for parking in accordance with the general provisions. 5.26.5 OUTSIDE DISPLAY AND STORAGE Lands used for the outside display and storage of goods and materials shall: a) Be restricted to the area to the rear of the principal building and comply with the required front and exterior side yard requirements provided outside storage is not located closer than 5 metres to an interior side lot line when the lot abuts a Rural or Industrial zone or 10 metres or a rear lot line or interior side lot line of a lot zoned other than Rural or Industrial. b) Not cover more than 50% of the total lot area. c) Be screened from abutting residential uses and public streets by building(s) or is enclosed by unpierced shrub planting, or is enclosed by a fence at least 1.8 metres in height from finished grade. ZONE PROVISIONS SECTION 5 Loyalist Township 5-153 5.26.6 GENERAL ZONE PROVISIONS In accordance with Section 4, General Provisions of this By-law. 5.26.7 EXCEPTION PROVISIONS - RURAL INDUSTRIAL (M2) ZONE 5.26.7.1 Rural Industrial Exception One (M2-1) Zone Part of Lot 42, Concession 1; 935 Coronation Blvd. Within the M2-1 Zone the following zone provisions shall apply: a) The use is restricted to: · an existing residential use; and · a school bus terminal. b) Front Yard (minimum) ............................................................. 21 metres c) Interior Side Yard (minimum) ................................................... 9 metres 5.26.7.2 Rural Industrial Exception Two (M2-2) Zone By-Law 2011-076 Part of Lot 42, Concession 3; Ernestown. Within the M2-2 Zone the following zone provisions shall apply: a) Permitted Non-residential uses are restricted to: · A welding, metal fabrication and repair shop with accessory retail sales within the same building; · veterinary clinic; · Kennel; and · Public uses. b) Outside storage: No outside or open storage of goods, materials, equipment or machinery associated with the above noted uses shall be permitted. ZONE PROVISIONS SECTION 5 Loyalist Township 5-154 c) Front Yard (minimum) .....................................45 metres 5.26.7.3 Rural Industrial Exception Three (M2-3) Zone Part of Lot 42, Concession 7; 72 County Road 20 (Harrowsmith Rd) Within the M2-3 Zone the uses permitted are restricted to: · uses listed in Section 5.26.1(a); · motor vehicle repairs; · motor vehicle sales; and · small engine repairs. Provisions Front yard (minimum)....................................................................8 metres Setback from centerline of County Road......................................22 metres 5.26.7.4 Rural Industrial Exception Four (M2-4) Zone By-Law (2004-105) On the lands zoned M2-4, the following are the only permitted non-residential uses: Agricultural produce warehouse; Business, professional or Administrative office provided such use is accessory to a non-residential use specified herein; Building supply outlet; Farm implement and equipment sales and service establishment; Light manufacturing and fabricating plant; Retail establishment where such use is accessory and incidental to a permitted non-residential use otherwise specified herein and does not exceed 25 percent of the gross floor area of all buildings and structures; Veterinary clinic; Workshop Notwithstanding minimum interior side yard requirements of the M2 zone, the minimum interior side yard for the northerly side lot line shall be a minimum of 70 metres. All other provisions of the M2 zone apply. ZONE PROVISIONS SECTION 5 Loyalist Township 5-155 5.27 GENERAL INDUSTRIAL (M3) ZONE No person shall within any General Industrial (M3) Zone use any lot or erect, alter or use any building or structure except as specified hereunder: 5.27.1 USES PERMITTED By-Law 2011-076 a) Residential Uses Prohibited b) Non-residential Uses * Abattoir; * Agricultural produce warehouse; * Ambulance Station; * Animal Shelter; * Business, Professional or Administrative office provided such use is accessory to a permitted non-residential use specified herein; * Bulk Storage Tanks and related facilities; * Contractor's yard; * Custom workshop; * Equipment sales and rental; * Facility for the generation of electrical power; * Farm implement and equipment sales and service establishment; * Feed mill or seed cleaning plant; * Fire Hall; * Garden and nursery sales and supply establishment; * Greenhouse, commercial; * Information Industry; * Light manufacturing plant; * Saw and/or planing mill; * General Industrial Use; * Motor vehicle body shop; * Motor vehicle repair garage; * Municipal, County or Provincial Maintenance Depot; * Public utility use in accordance with the General Provisions of this By-law; * Recycling Depot; * Research facilities; * Retail establishment where such use is accessory and incidental to a permitted non-residential use otherwise specified herein and does not exceed 25 percent of the gross floor area of all buildings and structures; ZONE PROVISIONS SECTION 5 Loyalist Township 5-156 * Small engine sales and service establishment; * Sewage treatment facility; * Truck Repair and Maintenance depot; * Warehouse; * Water Tower; * Water Treatment plant; * Wholesale establishment; and * Workshop. c) Accessory Uses Uses, buildings and structures accessory to any of the permitted uses in accordance with the General Provisions of this By-law. 5.27.2 PROVISIONS FOR NON-RESIDENTIAL USES a) Lot Area (minimum) ........................................................................................ 0.8 ha b) Lot Frontage (minimum) ............................................................................ 60 metres c) Yards (minimum): i) Front Yard ...................................................................................... 20 metres ii) Exterior Side Yard ......................................................................... 20 metres iii) Interior Side Yard ........................................................................... 10 metres * Where the interior side lot line abuts a Residential Zone the minimum yard shall be 20 metres. iv) Rear Yard ................................................................................... 20 metres d) Lot Coverage (maximum) ................................................................... 50 percent e) Setback from Street Centreline: * Buildings and structures associated with new industrial development along Highway #33 (Loyalist Parkway) are required to be setback 100 metres from the northern limit of the road allowance. f) Landscaped Open Space (minimum) ........................................................ 10 percent g) Planting Strip: In accordance with the General Provisions of this By-law. ZONE PROVISIONS SECTION 5 Loyalist Township 5-157 h) Notwithstanding the minimum yard provisions of the M3 zone and accessory uses section in Part 4 of this by-law, a conveyor system accessory to a permitted non- residential use is allowed to have a 0 metre yard for all required yards for all properties zoned in M3, found in Lots 19 to 28, Concessions 1 and Broken Front. By-Law (2006-71) 5.27.3 OUTSIDE DISPLAY AND STORAGE Outside display and/or storage of goods or materials shall: a) Be restricted to the area to the rear of the front of the principal structure and shall comply with the required front and exterior side yard and setback requirements. Outside storage is not to be located closer than 5 metres to an interior side lot line where the lot line abuts a lot zoned rural or residential. b) Not cover more than 50 percent of the total lot area; and c) Be screened from adjacent residential uses and public streets adjoining the lot by buildings, or be enclosed by a planting strip, or be enclosed by a fence extending at least 1.8 metres in height from the finished grade. 5.27.4 USE OF FRONT AND EXTERIOR SIDE YARDS Front and exterior side yards shall be open and unobstructed except that such yards may be used for the purpose of parking in accordance with the general provisions in this By-law. 5.27.5 GENERAL ZONE PROVISIONS In accordance with Section 4, General Provisions of this By-law. 5.27.6 EXCEPTION PROVISIONS - GENERAL INDUSTRIAL (M3) ZONE 5.27.6.1 General Industrial Exception One (M3-1) Zone Part of Lot 32, Concession 4 Within the M3-1 zone a boat manufacturing operation with open storage is the only permitted use. 5.27.6.2 General Industrial Exception Two (M3-2) Zone Part of Lot 38, Concession 3 Part of Lot 7, Concession 4 Part of Lot 32, Concession 4 ZONE PROVISIONS SECTION 5 Loyalist Township 5-158 Within the M3-2 zone the permitted uses are restricted to a contractor's yard. 5.27.6.3 General Industrial Exception Three (M3-3) Zone By-Law 2014-093 Part of Lot 38, Concession 3 Within the M3-3 Zone the permitted uses shall be restricted to the following: a) Residential Uses · Single detached dwelling unit provided such dwelling is accessory to a permitted non-residential use and is occupied by the owner, caretaker, watchman or other similar person, and family, and is employed on the lot on which the dwelling is located; and · Home Occupation. b) Non-Residential Uses - Contractors Yard - Workshop - Self Storage units - Warehouse; and · Equipment and machinery repair where such use is accessory to the warehouse use. c) Except for the existing single detached dwelling house and two car garage, all buildings shall have a minimum front yard of 40 metres. 5.27.6.4 General Industrial Exception Four (M3-4) Zone Part of Lots 41 and 42, Concession 3 Part of Lot27, Concession 4 Within the M3-4 zone the permitted uses shall be restricted to a truck terminal or yard, motor vehicle repair garage or a bus terminal. The motor vehicle repair garage shall be limited to work on vehicles normally stored on the property. 5.27.6.5 General Industrial Exception Five (M3-5) Zone By-Law 2004-3 By-Law 2008-85 Part of Lot 21, Concession 6; 1593 County Road 4 Within the M3-5 zone the following zone provisions shall apply: ZONE PROVISIONS SECTION 5 Loyalist Township 5-159 Permitted Residential Uses:  Accessory residential unit Additional Non-Residential Uses:  antique sales establishment;  artist studio;  workshop;  woodworking shop;  veterinary clinic wholly enclosed in a building excluding outdoor kennel facilities;  garden & nursery sales and supply establishment;  farm produce retail outlet;  small engine sales and service;  retail commercial establishment provided the retail use is accessory and incidental to a permitted non-residential use and on the same lot;  Marine Sales Establishment;  Motor Vehicles Sales, Used. DWELLING UNIT PORTION OF NON-RESIDENTIAL BUILDING a) Dwelling Unit in Portion of Non-Residential Building:  One dwelling unit may be permitted over or adjacent to a non-residential use.  A dwelling unit is not permitted in or over a motor vehicle service station or a motor vehicle auto body shop. b) Gross Floor Area Per Dwelling Unit (minimum): i) One Bedroom Dwelling Unit 56 square metres ii) Two Bedroom Dwelling Unit 70 square metres iii) Three Bedroom Dwelling Unit 84 square metres 5.27.6.6 General Industrial Exception Six (M3-6) Zone By-Law (2006-71) Part of Lots 21, 22 and 23, Broken Front Concession; Ernestown Within the M3-6 Zone the following zone provisions shall apply: a) Permitted Uses are restricted to: ZONE PROVISIONS SECTION 5 Loyalist Township 5-160 · A public or private park; · Industrial docking facilities; · Pump house; and · Public use b) Building size (maximum) .......................................... 200 square metres c) Building Height (maximum) .................................................... 12 metres d) Lot Coverage (maximum).................. ........................20 percent e) For the purposes of interpreting the minimum yard provision for conveyor systems, 5.27.2 (h) shall apply to the M3-6 Zone. 5.27.6.7 General Industrial Exception Seven (M3-7) Zone Part of Lot 23, Concession 1; Ernestown Within the M3-7 Zone in addition to the permitted uses in the M3 zone, the following zone provisions shall apply: a) Non-Residential Uses Permitted: A co-generation plant and associated buildings, structures, machinery and equipment used for the purposes of producing and supplying electricity, steam, heating services, chilled or heated thermal transfer fluid, compressed air, inert gas, chilled water or hot water. b) Parking Spaces (minimum) ..................................................................29 5.27.6.8 General Industrial Exception Eight (M3-8) Zone Part of Lot 23, Concession 1; Ernestown Within the M3-8 Zone the uses permitted include: · Eating establishment · Business, professional or administrative office · Retail establishment · Antique sales establishment · Veterinary clinic ZONE PROVISIONS SECTION 5 Loyalist Township 5-161 5.27.6.9 General Industrial Exception Nine (M3-9) Zone By-Law (2002-66) Within the M3-9 Zone, the following additional non-residential use is allowed: . Business, Professional or Administrative Offices as a principle non- residential use. 5.27.6.10 General Industrial Exception Ten (M3-10) Zone By-Law (2012-002) Within the M3-10 Zone, the following provisions shall apply: a) Outdoor storage shall not cover more than 65% of the total lot area. All other outdoor storage requirements of the M3 Zone shall apply. b) An additional non-residential use called "Marine Service and Storage Establishment" is permitted, which is defined as "a building or part of a building and associated lands where marine equipment, including boats, is services or repaired and shall include an outdoor boat storage facility. c) Notwithstanding the municipal servicing requirements in Section 4.32 of this by-law, property zoned as M3-10 may be serviced by a Class 4 subsurface sewage disposal system and by a well with an adequate supply of potable water. d) All other provisions of the General Industrial (M3) Zone apply. ZONE PROVISIONS SECTION 5 Loyalist Township 5-162 5.28 EXTRACTIVE INDUSTRIAL (M4) ZONE No person shall within any Extractive Industrial (M4) Zone use any lot or erect, alter or use any building or structure except as specified hereunder: 5.28.1 USES PERMITTED a) Residential Uses Prohibited b) Non-residential Uses · Agriculture; · Aggregate processing plant; · Aggregate stockpiling; · Asphalt plant, portable; * Conservation, forestry and reforestation; * Outside storage; * Sand and gravel pit; * Public use or utility in accordance with the General Provisions of this By- law; * Processing plant for the crushing, screening and primary processing of aggregate materials; * Quarry; * Wayside pit; and * Wayside quarry c) Accessory Uses Uses, buildings and structures accessory to any of the permitted uses in accordance with the General Provisions of this By-law. 5.28.2 REGULATORY PROVISIONS a) Yards (minimum) i) Front Yard ...................................................................................... 30 metres ii) Exterior Side Yard ......................................................................... 30 metres iii) Interior Side Yard ........................................................................... 15 metres iv) Rear Yard ................................................................................... 15 metres ZONE PROVISIONS SECTION 5 Loyalist Township 5-163 b) Yard and Setback Provisions - Pits and Quarries i) No building or plant, including an aggregate screening or washing plant, a crushing plant, or a portable processing plant, or any stockpiling operation associated therewith, shall be located on the pit or quarry property within 30 metres of the boundary of the pit or quarry property or within 100 metres of a dwelling house or dwelling unit or area zoned for residential purposes where such lands are held under distinct and separate ownership. ii) Extraction of sand and gravel shall be prohibited within 100 metres of a dwelling house or dwelling unit or area zoned for residential purposes where such lands are held under distinct ownership. iii) A new extractive operation involving the blasting of consolidated rock or the processing of quarry stone shall be prohibited within 300 metres of a dwelling house or dwelling unit or area zoned for residential purposes where such lands are held under distinct and separate ownership. c) Setback from Street Centreline: In accordance with the General Provisions of this By-law. d) Planting Strip: In accordance with the General Provisions of this By-law. e) Fencing: In accordance with the Site Plan under the Aggregate Resources Act. 5.28.3 GENERAL ZONE PROVISIONS In accordance with Section 4, General Provisions of this By-law. 5.28.4 EXCEPTION PROVISIONS - EXTRACTIVE INDUSTRIAL- PITS AND QUARRIES (M4) ZONE 5.28.4.1 Extractive Industrial Exception One (M4-1) Zone Part of Lot 3, Broken Front Concession ZONE PROVISIONS SECTION 5 Loyalist Township 5-164 Within the M4-1 zone an industrial docking facility shall be the only permitted use. 5.28.4.2 Extractive Industrial Exception Two (M4-2) Zone Part of Lots 1 to 8, Broken Front Concession and Concession 1; Ernestown and Bath. Within the M4-2 zone the uses permitted include a cement plant. 5.28.4.3 Extractive Industrial Exception Three (M4-3) Zone For the property described as part of Lot 25, Concession 1, in addition to the permitted non-residential uses of the M4 zone, a permanent asphalt plant is permitted on lands zoned M4-3. All other provisions of the Extractive Industrial (M4) Zone Apply. ZONE PROVISIONS SECTION 5 Loyalist Township 5-165 5.29 WASTE MANAGEMENT (M5) ZONE No person shall within any Waste Management (M5) Zone use any lot or erect, alter or use any building or structure except as specified hereunder: 5.29.1 USES PERMITTED a) Residential Uses ⋅ Prohibited b) Non-residential Uses · Public use or utility in accordance with the General Provisions of this By-law; · Waste management facility; · Salvage Yard; * Septage facility; and * Sewage treatment facility c) Accessory Uses Uses, buildings, and structures accessory to any of the permitted uses in accordance with the General Provisions of this By-law. 5.29.2 REGULATORY PROVISIONS a) Yards (minimum): i) Front Yard .................................................................................... 100 metres ii) Exterior Side Yard ....................................................................... 100 metres iii) Interior Side Yard ......................................................................... 100 metres iv) Rear Yard ................................................................................. 100 metres b) Setback from Street Centreline: In accordance with the General Provisions of this By-law. c) Building and Structure Setbacks: i) Yards (minimum): 1) Front Yard .......................................................................... 30 metres 2) Exterior side yard ............................................................... 30 metres ZONE PROVISIONS SECTION 5 Loyalist Township 5-166 3) Interior side yard ................................................................ 15 metres 4) Rear yard ............................................................................ 15 metres ii) Lot Coverage (maximum) ............................................................. 20 percent iii) Height of Buildings (maximum) .................................................... 12 metres d) Septage Lagoon - Special Yard and Setback Provisions: A septage lagoon is prohibited within 330 metres of any sensitive land use. e) Landscaped open space (minimum) .......................................................... 20 percent f) Planting Strip: In accordance with the General Provisions of this By-law and the Certificate of Approval under the Environmental Protection Act. g) Fencing: In accordance with the municipal by-law and Certificate of Approval under the Environmental Protection Act. 5.29.3 SALVAGE YARD PROVISIONS A salvage yard is governed by the following additional provisions; a) Outside Storage: i) Is restricted to the rear of the front wall of the principal structure on the lot. ii) Shall comply with the front, side and rear yard requirements of the Restricted Industrial (M3) Zone. iii) Shall not exceed 80 per cent of the total lot area. b) Buffer Planting and Screening: Where a salvage yard or area zoned for such purposes abuts a street or area within a Residential, Community Facility or Open Space Zone, a planting strip of a minimum width of 3 metres shall be provided within the front, side or rear yards, adjoining such abutting lot line or portion thereof. ZONE PROVISIONS SECTION 5 Loyalist Township 5-167 c) Fencing: A salvage yard shall be fenced as provided for in the Corporation's Fence By-law. Such fence shall: i) Have a height of at least 1.8 metres, and ii) Follow the contours of the surface of the ground along the perimeter of the lot or portion thereof to be used for a salvage yard. d) Licensing: A salvage yard is prohibited unless it is licensed in accordance with the regulatory and licensing by-law of the Township as enacted pursuant to the Municipal Act. 5.29.4 GENERAL ZONE PROVISIONS In accordance with Section 4, General Provisions of this By-law. 5.29.5 EXCEPTION PROVISIONS - WASTE MANAGEMENT (M5) ZONE 5.29.5.1 Waste Management Exception One (M5-1) Zone Part of Lot 39, Concession 7 Within the M5-1 zone the only permitted use shall be a disposal area for waste wash water from the Wilton Cheese Factory. ZONE PROVISIONS SECTION 5 Loyalist Township 5-168 5.30 FUTURE DEVELOPMENT (D) ZONE By-Law 2011-076 No person shall within any Future Development (D) Zone use any lot or erect, alter or use any building or structure except as specified hereunder: 5.30.1 USES PERMITTED a) Residential Uses * Existing single detached dwelling house; and * Home Occupation b) Non-residential Uses * Conservation use; * Existing farm; * Forestry use; * Public Park, exclusive of any permanent buildings or structures; and * Public use or utility in accordance with the General Provisions of this By-law. c) Accessory Uses Uses, buildings, and structures accessory to any of the permitted uses in accordance with the General Provisions of this By-law. 5.30.2 PROVISIONS FOR PERMITTED USES The above uses are permitted only on lots which existed on the date of passing of this By- law. 5.30.3 GENERAL ZONE PROVISIONS In accordance with Section 4, General Provisions of this By-law. 5.30.4 EXCEPTION PROVISIONS - DEVELOPMENT (D) ZONE