Comprehensive Zoning By-law No. 2026-50 — full text

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Prepared For: The Corporation of the Township of Madawaska Valley May 20, 2026 Including Housekeeping By-law 2026-71 passed August 6, 2026 CORPORATION OF THE TOWNSHIP OF MADAWASKA VALLEY COMPREHENSIVE ZONING BY-LAW NO. 2026-50 TOWNSHIP OF MADAWASKA VALLEY FORM 1 - NOTICE OF PASSING OF A COMPREHENSIVE ZONING BY-LAW 2026-50 TAKE NOTICE that the Council of the Corporation of the Township of Madawaska Valley passed By- law No. 2026-50 on the 20th day of May 2026 under Section 34 of the Planning Act. AND TAKE NOTICE that any specified person, public body or registered property owner may appeal to the Ontario Land Tribunal (OLT) in respect of By-law 2026-50 by filing with the Clerk of the Corporation of the Township of Madawaska Valley not later than the 15th of June 2026 , a notice of appeal setting out the objection to the By-law, the reasons in support of the objection and prescribed appeal fee. No specified person, public body or registered owner shall be added as a party to the hearing of the appeal unless, before the by-law was passed, the specified person, public body or registered owner made oral submissions at a public meeting or written submissions to the council or, in the opinion of the OLT, there are reasonable grounds to add the person or public body as a party. AND TAKE NOTICE that an appeal must be accompanied by applicable fees payable to the Minister of Finance on or before the last date for filing as set out herein. A copy of an appeal form is available from the OLT website at https://olt.gov.on.ca/forms-submissions/ An explanation of the purpose and effect of the By-law is attached. EXPLANATORY NOTE This new zoning by-law repeals and replaces the zoning by-law of the Corporation of the Township of Madawaska Valley By-Law 2006-26. The Council of a municipality may, under Section 34 of the Planning Act, pass a Zoning By-law to govern the use of land. The effect of By-law 2026-50 is to regulate the use of land and the erection, location and use of buildings and structures within the entire Township of Madawaska Valley. After the By-law is in force, no land shall be used and no building or structure shall be erected, altered or used in any manner except in conformity with the provisions of the By-law. All previous Zoning By-laws are repealed by the new By-law. The By-law will not apply to prevent or hinder the continued use of any land, building or structure, if such land, building or structure was lawfully used for such purpose on the day of the passing of the By- law, so long as it continues to be used for that purpose. As the By-law affects all lands within the Township of Madawaska Valley, a Key Map has not been provided. 3 4 NOTE: One of the purposes of the Planning Act is to provide for planning processes that are open, accessible, timely and efficient. Accordingly, all written submissions, documents, correspondence, e- mails or other communications (including your name and address) form part of the public record and will be disclosed/made available by the Municipality to such persons as the Municipality sees fit, including anyone requesting such information. Accordingly, by providing such information, you shall be deemed to have consented to its use and disclosure as part of the planning process. DATED at the Township of Madawaska Valley this 20th day of May 2026. Suzanne Klatt, CAO/Clerk Township of Madawaska Valley Box 1000, 85 Bay Street BARRY'S BAY, ON K0J 1B0 5 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 TABLE OF CONTENTS TABLE OF CONTENTS 5 LIST OF FIGURES 8 LIST OF ZONING SCHEDULES 8 SECTON 1.0 AUTHORIZATION AND USAGE 10 1.1 TITLE 10 1.2 SCOPE 10 1.3 ADMINISTRATION 11 1.4 VALIDATION 12 1.5 INTERPRETATION 13 SECTION 2.0 - DEFINITIONS 15 SECTION 3.0 - GENERAL PROVISIONS 48 3.1 APPLICATION 48 3.2 ACCESS 48 3.3 ACCESSORY USES, BUILDINGS AND STRUCTURES 48 3.4 ADDITIONAL RESIDENTIAL UNITS (ARUs) - FULL SERVICES 50 3.5 ADDITIONAL RESIDENTIAL UNITS (ARUs) - PRIVATE SERVICES 51 3.6 AUTOMOTIVE SERVICE STATIONS, GASOLINE BARS AND COMMERCIAL GARAGES 52 3.7 BACKYARD HENS 53 3.8 BED AND BREAKFAST 53 3.9 BUILDINGS TO BE MOVED 53 3.10 CROWN LANDS AND COUNTY FORESTS 53 3.11 ENCROACHMENTS ON REQUIRED YARDS 54 3.12 EXCEPTIONS TO HEIGHT LIMITATIONS 54 3.13 GRAVEL PITS, QUARRIES, WAYSIDE PITS AND QUARRIES AND PORTABLE ASPHALT PLANTS 55 3.14 GROUP HOMES 55 3.15 HOME INDUSTRY 55 3.16 HOME OCCUPATIONS 56 3.17 HUNTING & FISHING CAMPS 57 3.18 KENNELS 57 3.19 LOTS TO FRONT ON STREETS 58 3.20 MADAWASKA RIVER FLOODPLAIN 58 3.21 MADAWASKA RIVER FLOODPLAIN - KAMANISKEG LAKE SECTION - ONE ZONE AND MADAWASKA RIVER/NEGEEK LAKE SECTION - TWO ZONE 59 3.22 MOBILE HOMES 62 3.23 NON-CONFORMING USES 63 3.24 NOXIOUS USES 64 3.25 OCCUPANCY OF INCOMPLETE BUILDINGS 64 3.26 OCCUPANCY OF VEHICLES 65 3.27 OCCUPANCY RESTRICTIONS 65 3.28 OPEN STORAGE 66 3.29 OUTDOOR FURNACES 66 6 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 3.30 PARKING AND LOADING SPACE REQUIREMENTS 66 3.31 PEDESTAL SIGNS 71 3.32 PUBLIC SERVICES 71 3.33 SENSITIVE, AT-CAPACITY LAKES 72 3.34 SENSITIVE LAND USE 73 3.35 SETBACKS 75 3.36 SIGHT TRIANGLES 76 3.37 SITE PLAN CONTROL 77 3.38 SLEEP CABIN 77 3.39 STANDARDS - CUMULATIVE 77 3.40 STORAGE CONTAINERS 78 3.41 STORAGE OF LIQUID MANURE, HAULED SEWAGE OR SEWAGE SLUDGE 78 3.42 TEMPORARY CONSTRUCTION USES PERMITTED 79 3.43 THROUGH LOTS 79 3.44 LICENSED CANNABIS PRODUCTION FACILITY 79 SECTION 4.0 - ZONE CLASSIFICATIONS, EXCEPTION ZONE PROVISIONS 82 4.1 ZONE CLASSIFICATIONS 82 4.2 EXCEPTION ZONES 83 4.3 HOLDING PROVISIONS 83 4.4 TEMPORARY ZONES 83 SECTION 5.0 - REQUIREMENTS FOR RESIDENTIAL ONE (R1) ZONE 84 5.1 PERMITTED USES 84 5.2 ZONE PROVISIONS 84 5.3 EXCEPTION ZONES 85 5.4 HOLDING ZONES 103 SECTION 6.0 - REQUIREMENTS FOR RESIDENTIAL TWO (R2) ZONE 105 6.1 PERMITTED USES 105 6.2 ZONE PROVISIONS 105 6.3 EXCEPTION ZONES 108 6.4 HOLDING ZONES 111 SECTION 7.0 - REQUIREMENTS FOR LIMITED SERVICE RESIDENTIAL (LSR) ZONE 113 7.1 PERMITTED USES 113 7.2 ZONE PROVISIONS 113 7.3 EXCEPTION ZONES 114 7.4 INTERIM USES AND STANDARDS (HOLDING) 130 SECTION 8.0 - REQUIREMENTS FOR SEASONAL RESIDENTIAL (SR) ZONE 132 8.1 PERMITTED USES 132 8.2 ZONE PROVISIONS 132 8.3 EXCEPTION ZONES 133 SECTION 9.0 REQUIREMENTS FOR COMMERCIAL (C) ZONE 134 9.1 PERMITTED USES 134 9.2 ZONE PROVISIONS 135 7 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 9.3 EXCEPTION ZONES 136 9.4 HOLDING ZONES 139 SECTION 10.0 - REQUIREMENTS FOR HIGHWAY COMMERCIAL (HC) ZONE 140 10.1 PERMITTED USES 140 10.2 ZONE PROVISIONS 141 10.3 EXCEPTION ZONES 142 SECTION 11.0 - REQUIREMENTS FOR TOURISM COMMERCIAL (TC) ZONE 146 11.1 PERMITTED USES 146 11.2 ZONE PROVISIONS 146 11.3 EXCEPTION ZONES 147 11.4 HOLDING ZONES 148 SECTION 12.0 - REQUIREMENTS FOR GENERAL INDUSTRIAL (GM) ZONE 149 12.1 PERMITTED USES 149 12.2 ZONE PROVISIONS 149 12.3 EXCEPTION ZONES 150 SECTION 13.0 - REQUIREMENTS FOR EXTRACTIVE INDUSTRIAL (EM) ZONE 152 13.1 PERMITTED USES 152 13.2 ZONE PROVISIONS 152 13.3 EXCEPTION ZONES 153 SECTION 14.0 - REQUIREMENTS FOR EXTRACTIVE INDUSTRIAL RESERVE (EMR) ZONE 154 14.1 PERMITTED USES 154 14.2 ZONE PROVISIONS 154 14.3 EXCEPTION ZONES 154 SECTION 15.0 - REQUIREMENTS FOR DISPOSAL INDUSTRIAL ONE (DM1) ZONE 155 15.1 PERMITTED USES 155 15.2 ZONE PROVISIONS 155 15.3 EXCEPTION ZONES 156 SECTION 16.0 - REQUIREMENTS FOR DISPOSAL INDUSTRIAL TWO (DM2) ZONE 157 16.1 PERMITTED USES 157 16.2 ZONE PROVISIONS 157 16.3 EXCEPTION ZONES 157 SECTION 17.0 - REQUIREMENTS FOR RURAL (RU) ZONE 158 17.1 PERMITTED USES 158 17.2 ZONE PROVISIONS 158 17.3 EXCEPTION ZONES 160 SECTION 18.0 - REQUIREMENTS FOR COMMUNITY FACILITY (CF) ZONE 169 18.1 PERMITTED USES 169 18.2 ZONE PROVISIONS 169 18.3 EXCEPTION ZONES 171 SECTION 19.0 - REQUIREMENTS FOR ENVIRONMENTAL PROTECTION (EP) ZONE 174 19.1 PERMITTED USES 174 19.2 ZONE PROVISIONS 174 8 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 19.3 EXCEPTION ZONES 174 SECTION 20.0 - REQUIREMENTS FOR PROVINCIALLY SIGNIFICANT WETLANDS (PSW) ZONE 176 20.1 PERMITTED USES 176 20.2 ZONE PROVISIONS 176 SECTION 21.0 - REQUIREMENTS FOR NATURAL & SCIENTIFIC INTERESTS (ANSI) ZONE 178 21.1 PERMITTED USES 178 21.2 ZONE PROVISIONS 178 21.3 EXCEPTION ZONES 178 SECTION 22.0 - REQUIREMENTS FOR OPEN SPACE (OS) ZONE 179 22.1 PERMITTED USES 179 22.2 ZONE PROVISIONS 179 22.3 EXCEPTION ZONES 179 SECTION 23.0 - REQUIREMENTS FOR SUBURBAN RESERVE (SUR) ZONE 181 23.1 PERMITTED USES 181 23.2 ZONE PROVISIONS 181 23.3 EXCEPTION ZONES 181 SECTION 24.0 - ENACTMENT 182 LIST OF FIGURES Illustration of Cellar and Basement Definitions ............................................................................ 22 Illustration of Dwelling Types ....................................................................................................... 24 Illustration of Building Height ........................................................................................................ 31 Illustration of Yard Definitions ....................................................................................................... 47 LIST OF ZONING SCHEDULES Schedule "A" - Township of Madawaska Valley: Map 1 - Geographic Township of Burns Map 2 - Geographic Township of Jones Map 3 - Geographic Township of Radcliffe and Combermere Map 4 - Geographic Township of Sherwood (north and south) Map 5 - Village of Barry's Bay area & Portion of Geographic Township of Sherwood 9 THE CORPORATION OF THE TOWNSHIP OF MADAWASKA VALLEY COMPREHENSIVE ZONING BY-LAW 2026-50 Being a By-law to regulate the use of lands and the character, location and use of buildings and structures within the Township of Madawaska Valley pursuant to Section 34 of the Planning Act. PREAMBLE WHEREAS Section 34 of the Planning Act provides that the Council of a local municipality may pass By- laws to regulate the use of lands and the character, location and use of buildings and structures; AND WHEREAS the Council of The Corporation of the Township of Madawaska Valley wishes to ensure proper and orderly development within the limits of the Township of Madawaska Valley; AND WHEREAS this By-law encompasses all lands within the Corporation of the Township of Madawaska Valley; AND WHEREAS the Council of The Corporation of the Township of Madawaska Valley has deemed it to be in the public interest that such a By-law be enacted; NOW THEREFORE the Council of The Corporation of the Township of Madawaska Valley enacts as follows: 10 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 AUTHORIZATION AND USAGE ______________________________________________________________________________________________________ SECTON 1.0 AUTHORIZATION AND USAGE 1.1 TITLE This By-law shall be known and may be cited as the "Zoning By-law" of the Corporation of the Township of Madawaska Valley. 1.2 SCOPE 1.2.1 Application of By-law The provisions of this By-law shall apply to all lands within the Corporation of the Township of Madawaska Valley, except Crown Lands. 1.2.2 Conformity with By-law No building or structure shall hereafter be erected or altered, nor shall the use of any building, structure or lot hereafter be changed, in whole or in part, except in conformity with the provisions of this By-law. 1.2.3 Changes Causing Contravention of By-law No person shall change the purpose of which any lot, building or structure is used, or erect any new building or structure or alter any existing building, structure or lot, or sever any lands from any existing lot, if the effect of such action is to create a situation where any original, adjoining, remaining or new building, structure or lot contravenes any of the applicable provisions of this By-law. 1.2.4 Violations of Previous Zoning By-laws Any use established in violation of a predecessor of this By-law shall be deemed to have been established unlawfully. 1.2.5 Other Restrictions This By-law shall not be used or have the effect to reduce or mitigate any other restrictions by an authority having lawful jurisdiction to make such restrictions. 1.2.6 Permits and Licences No Municipal permit, certificate or licence shall be issued for a proposed use of land, including any establishment, enlargement, alteration or change in use of any building or structure, that contravenes any provision of this By-law. 11 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 AUTHORIZATION AND USAGE ______________________________________________________________________________________________________ 1.3 ADMINISTRATION 1.3.1 Administrator This By-law shall be administered by the Chief Building Official or by a Zoning Administrator appointed by Council, or by such other person as Council may designate from time to time for such purpose. 1.3.2 Inspection The Zoning Administrator, Chief Building Official or any officer or employee of the Corporation assigned the responsibility for enforcing this By-law may at all reasonable times and upon producing proper identification, enter and inspect any property on or in respect of which he or she believes a contravention is occurring. However, such officer shall not enter any room or place actually used as a dwelling without requesting and obtaining the consent of the occupier, except under the authority of a search warrant as set out in Section 49 of the Planning Act. 1.3.3 Violations and Penalties Every person who contravenes any provision of this By-law on conviction is liable: (a) on a first conviction to a fine of not more than $25,000.00; and (b) on a subsequent conviction to a fine of not more than $10,000.00 for each day or part thereof upon which the contravention has continued after the day on which the person was first convicted; and Every corporation which contravenes any provision of this By-law on conviction is liable: (c) on a first conviction to a fine of not more than $50,000.00 and (d) on a subsequent conviction a fine of not more than $25,000.00 for each day or part thereof upon which the contravention has continued after the day on which the corporation was first convicted. Every such penalty described herein is subject to the provisions of Section 67 of the Planning Act, as amended, and will change from time to time in accordance with the said Act. 1.3.4 Remedies Where a building or structure is or is proposed to be erected, altered or enlarged, or a building, structure or lot is or is proposed to be used in contravention of any 12 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 AUTHORIZATION AND USAGE ______________________________________________________________________________________________________ provision of this By-law, such contravention may be restrained by action at the insistence of any ratepayer or of the Corporation. 1.3.5 Plans to Accompany Applications In addition to all of the requirements of the Building Code and this By-law or any other By-law of the Corporation, every application for a building permit shall be accompanied by a plan, in duplicate, drawn to scale and showing; (a) the true dimensions of the lot to be built upon or otherwise used; (b) the location of all existing buildings, structures or uses on the lot; (c) the proposed location, height and dimensions of any building, structures or use proposed for such lot; (d) the proposed locations and dimensions of yards, landscaped open spaces, parking areas and loading spaces required by this By-law; (e) a statement, signed by the owner, disclosing the specific existing or proposed use for each existing or proposed building or structure, and containing all information necessary to determine if such existing or proposed building, structure or use conforms to the requirements of this By-law. 1.3.6 Typographical Corrections Provided that the purpose, effect, intent, meaning and substance of this By-law are in no way affected, the following technical revisions to this By-law are permitted without a zoning by-law amendment: (a) Changes to the numbering, cross-referencing, format and arrangement of the text, tables, schedules and maps; (b) Additions to and revisions of technical information on maps and schedules including, but not limited to: infrastructure and topographic information, notes, legends, shading and title blocks; (c) Alterations of punctuation or language; and, (d) Correction of grammatical, dimensional, boundary, mathematical or typographic errors. 1.4 VALIDATION 1.4.1 Effective Date This By-law shall take effect from the date of its passage by Council, in accordance with 13 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 AUTHORIZATION AND USAGE ______________________________________________________________________________________________________ Section 34 of the Planning Act. 1.4.2 Repeal of Existing By-laws From the coming into force of this By-law, all previous By-laws passed by the Corporation of the Township of Madawaska Valley Council and by the Council(s) of the former Township of Radcliffe, the former Township of Sherwood, Jones & Burns and the former Village of Barry's Bay under Section 34 of the Planning Act, or a predecessor thereof, shall be repealed, except to the extent that any of the said By-laws prohibit the use of any land, building or structure for a purpose or in a manner that is also prohibited by this By-law. 1.4.3 Provisions Validity Separable A decision of a competent court that one or more of the provisions of this By-law are invalid, in whole or in part, does not affect the validity, effectiveness or enforceability of the other provisions or part of provisions of this By-law. 1.4.4 Schedules to By-law The Zones set out in this By-law, and the boundaries of such Zones are set out on the maps that are attached hereto and marked as Schedules. The Schedules are hereby made a part of this By-law as fully and to all intents and purposes as though recited in full herein. 1.5 INTERPRETATION 1.5.1 For the purposes of this By-law, words used in the present tense include the future; words in the singular number include the plural and words in the plural include the singular number; the word "shall" is mandatory; the word "used" shall also mean "designed to be used"; and the word "occupied" shall also mean "designed to be occupied". 1.5.2 Boundaries of Zones Where uncertainty exists with respect to the boundaries of the various zones as shown on the Schedules (Zoning maps) attached to this By-law the following rules shall apply: (a) Centreline Limits Where the boundary is shown as following a street, lane, railway right-of-way or other right-of-way, such Zone boundary shall be the centreline of the street, lane, railway right-of-way or other right-of-way. (b) Lot Lines Where the boundary is not shown to be a street, or other feature described in item (a), but is shown to substantially follow a lot line, such lot line shall be the Zone boundary unless specifically indicated otherwise on the Schedule. 14 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 AUTHORIZATION AND USAGE ______________________________________________________________________________________________________ (c) Closed Road, Right-of-Way In the event that a dedicated road, lane or railway right-of-way shown on the Schedule is closed, the property formerly in such road, lane or railway right-of- way shall be included within the Zone of adjoining property on either side of such closed feature. Where such closed feature formed a Zone boundary, the new Zone boundary shall be the former centreline of the closed road, lane or railway right-of-way. (d) Shoreline Where the boundary is shown as following the shoreline of any waterbody, the high water mark shall be the Zone boundary. (e) Other Boundaries Where none of the above interpretations can be applied, then the location of the boundary shall be determined by scaling from the original Schedule(s) located in the Municipal offices. 1.5.3 Measurements Where linear distances, other than those referring to vertical measurements, are specified, such linear distances are measured on a horizontal plane. 1.5.4 Road Classification The road classification is general and is considered as accurate as possible. However, final determination of the status of individual roads rests with the appropriate road authority. 15 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 DEFINITIONS _____________________________________________________________________________________________________ SECTION 2.0 - DEFINITIONS For the purpose of this By-law the definitions and interpretations of this section shall apply. 2.1 ABANDONED means the failure, in the opinion of the Zoning Administrator, to proceed expeditiously with construction work during any continuous 12-month period. 2.2 ABATTOIR means a building, structure or lot or part thereof used for the slaughter of livestock or other animals for the purpose of processing or rendering. 2.3 ACCESSORY USE (see USE, ACCESSORY) 2.4 ADDITIONAL RESIDENTIAL UNIT (ARU) means a self-contained dwelling unit located within a single detached, semi-detached or row house (secondary to the primary residence) or in a detached structure on the same lot as the primary residence. 2.5 ADULT ENTERTAINMENT PARLOUR shall mean any premise or part thereof in which, in pursuance of a business, trade, calling, or occupation, services appealing to or designed to appeal to erotic or sexual appetites or inclinations are provided. This definition does not include the exhibition, rental or sale of film or videos approved for distribution pursuant to the Theatres Act, or the sale of magazines or other printed material provided such sale does not contravene any law. Services appealing to or designed to appeal to erotic or sexual appetites or inclinations shall mean a performance, exhibition or activity of which a principal feature or characteristic is the nudity or partial nudity of any person. 2.6 ADVERSE EFFECT as defined in the Environmental Protection Act, shall mean one or more of: 1. impairment of the quality of the natural environment for any use that can be made of it; 2. injury or damage to property or plant or animal life; 3. harm or material discomfort to any person; 4. an adverse effect on the health of any person; 5. impairment of the safety of any person; 6. rendering any property or plant or animal life unfit for human use; 7. loss of enjoyment of normal use of property; and 8. interference with normal conduct of business. 2.7 AERODROME means any area of land, water (including a frozen water surface), or other supporting surface used or designed, prepared, equipped, or set apart for use, either in whole or in part, for the arrival or departure, movement, or servicing of aircraft and includes any buildings, installations and equipment in connection therewith. 2.8 AGGREGATE means gravel, sand, clay, earth, shale, stone, limestone, dolostone, sandstone, marble, granite and rock other than metallic ores. 2.9 AGRICULTURAL COMMERCIAL ESTABLISHMENT means the use of land, buildings or structures for the wholesale or retail sales of goods that are necessary to support agricultural 16 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 DEFINITIONS _____________________________________________________________________________________________________ uses and for the processing and sale of products derived from farm uses. Without limiting the generality of the foregoing, these include such goods as farm machinery and equipment, products used for the housing and husbandry of livestock, poultry and fur bearing animals, and materials and equipment for sub-surface drainage and such services as the selling, processing, storage and transportation of seed, feed, crops, milk and eggs and livestock, and the selling of fertilizer and chemical products. 2.10 AGRI-TOURISM means the use of any lot or building which is complementary to a principal agricultural use on a lot and which provides education and activities to experience and enjoy the agricultural way of life in the rural area. Such activities may include farm machinery and equipment exhibitions, farm tours, petting zoos, corn mazes, hayrides, sleigh rides, processing demonstrations, pick your own produce/products, farm-themed playgrounds, educational facilities that focus on farming instruction or other similar activities. Agri-tourism may include accessory retail sales. 2.11 AIR FILTRATION SYSTEMS means a system designed, approved and implemented in accordance with a license issued by Health Canada as part of its requirements under the Cannabis Act, for the purposes of controlling emissions, including odour, for a licensed cannabis cultivation and production facility. 2.12 AIRFIELD, PRIVATE means land used for the purpose of the landing, storing, taxiing or taking-off of private aircraft and uses, buildings and structures accessory thereto, but not an airport under the regulation of Transport Canada. 2.13 AIRPORT means the use of land licensed by Transport Canada for the landing and take-off of commercial and/or private aircraft and shall include any buildings or structures accessory thereto. 2.14 ALTER means any alteration in a bearing wall or partition or column, beam, girder or other supporting member of a building or structure or any increase in area or volume of a building or structure. When used in reference to a lot, the word alter means to decrease the width, depth or area of any required yard, setback, landscaped open space or parking area, or to change the location of any boundary of such lot with respect to a street or lane. The words "altered" and "alteration" shall have a corresponding meaning. 2.15 AMUSEMENT ARCADE means any premises or part thereof containing four or more electronic, mechanical pinball or amusement machines operated for gain and made available for the entertainment or amusement of the general public. This definition shall not include establishments which sell such devices, provided that such devices are not made available on the premises for use on a commercial basis by the public. 2.16 ANIMAL HOSPITAL means a building or structure where domestic animals, birds or other livestock are treated and where domestic animals or birds are kept for treatment only and shall include the clinic of a registered veterinarian. 2.17 ANSI (AREA OF NATURAL AND SCIENTIFIC INTEREST) means an area of land or water containing natural heritage landscapes or features that have been identified as having life 17 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 DEFINITIONS _____________________________________________________________________________________________________ science or earth science values related to protection, scientific study or education. 2.18 ANTIQUE FURNITURE RESTORATION WORKSHOP, CABINET-MAKING SHOP AND SHOWROOM means an establishment engaged in the refinishing and restoration of antique furniture and includes a cabinet-making shop, and a showroom for the storage, and display of the finished product. 2.19 ARENA means a building, or part of a building, in which facilities are provided for such purposes as ice skating, roller skating or curling but does not include any other establishment otherwise defined or classified in this By-law. 2.20 ARTISAN SHOP OR STUDIO means a building or structure or portion thereof, where an artist or skilled craftsperson creates unique articles and/or offers instruction in an art or skilled craft and where such unique articles may be offered for sale. This may include but is not limited to, a painter, a sculptor, a photographer, a gunsmith, a cabinetmaker, a wood carver, a potter, an ornamental welder or any similar artist or craftsperson whose workplace is not otherwise defined. 2.21 ASPHALT PLANT means a facility that produces and/or recycles asphalt or similar coated road stone and has equipment designed to heat and dry aggregate and to mix mineral aggregate with bitumen and/or tar, and includes: - The stockpiling and storage of bulk materials used in the process or finished product(s) manufactured on the premises; and - The storage and maintenance of equipment, and facilities for the administration or management of the business. 2.22 ASPHALT PLANT, PORTABLE means a facility operated by, or on behalf of, a public road authority for a particular construction project, with equipment designed to heat and dry aggregate and to mix aggregate with bituminous asphalt to produce asphalt paving material and includes the stockpiling and storage of bulk materials used in the process. Such a facility is not of permanent construction but is designed to be dismantled and moved to another location as required. 2.23 ASSEMBLY HALL means a building or part of a building in which facilities are provided for such purposes as meetings of civic, education, political, religious or social purposes, and shall include a banquet hall. 2.24 ATTACHED means a building otherwise complete in itself, which depends for structural support, or complete enclosure, upon a division wall or walls shared in common with an adjacent building or buildings. 2.25 AUTOMOTIVE-BODY SHOP means a building or structure used for complete motor vehicle repairs to bodies, frames or motors and/or painting, upholstering and/or complete collision work, but shall not include a salvage yard. 18 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 DEFINITIONS _____________________________________________________________________________________________________ 2.26 AUTOMOTIVE-CAR WASH shall mean a building or structure containing facilities for washing vehicles, either by production line methods and mechanical services or by a self-service operation. 2.27 AUTOMOTIVE-COMMERCIAL GARAGE means a building where all functions of an automotive service station may be carried out and where major repairs of vehicles may be performed, including body work and welding but shall not include dismantling of motor vehicles for scrap or the storage of motor vehicles awaiting scrapping. 2.28 AUTOMOTIVE-GASOLINE BAR means one or more pump islands, each consisting of one or more gasoline pumps, and shelter having a floor area of not more than 10 square metres, excluding washrooms, which shall not be used for the sale of any product other than liquids and small accessories required for the operation of motor vehicles and shall not be used for repairs, oil changes or greasing. 2.29 AUTOMOTIVE-SERVICE STATION means a building or place where gasoline, grease, anti-freeze, tires, tubes, tire accessories, electric light bulbs, spark plugs and batteries for motor vehicles are stored or kept for sale, or where motor vehicles may be oiled, greased or washed, or have their ignition adjusted, tires inflated or batteries changed, or where only minor or running repairs essential to the actual operation of motor vehicles are executed or performed. 2.30 AUTOMOTIVE-STORE means an establishment primarily engaged in the retail sale of vehicle parts, accessories and tools. Accessory uses may include service bays for performing maintenance repair operations on motor vehicles. 2.31 AUTOMOTIVE-VEHICLE SALES OR RENTAL ESTABLISHMENT means an establishment having as its main use the storage of vehicles for sale or the storage of vehicles for rent or lease. Accessory uses may include facilities for the repair or maintenance of such vehicles. 2.32 BAKERY means a building or portion of a building wherein baked foods are produced and processed for packaging, distribution and resale off the premises. A bakeshop is a permitted accessory use in a bakery. 2.33 BANK means an institution where money is deposited, kept, lent or exchanged. 2.34 BASEMENT means that portion of a building between two floor levels which is partly underground, but which has at least one-half of its height from finished floor to finished ceiling above adjacent finished grade as approved. 2.35 BED AND BREAKFAST ESTABLISHMENT means an owner-occupied single-detached dwelling in which there are up to four rooms for rent as short-term accommodation for tourists or vacationers and may include the provision of meals. The Bed and Breakfast use shall remain subordinate to the primary use of the building as a detached dwelling. This definition does not include any other establishment defined in this By-law. 2.36 BERM means a landscaped mound of earth. 19 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 DEFINITIONS _____________________________________________________________________________________________________ 2.37 BOAT DOCKING OR LAUNCHING FACILITY means a structure for the mooring or launching of boats or watercraft, attached to or forming part of the mainland or used in conjunction with a use on the mainland. 2.38 BOAT HOUSE means a detached one-storey, accessory building or structure which is designed or used for the sheltering of a boat or other form of water transportation and the storage of household equipment incidental to the residential use of the property and shall not be used for human habitation nor contain food preparation or sanitary facilities. 2.39 BUCTHER SHOP means a building or portion of a building where animals, poultry and/or fish carcasses are processed and packaged for retail sale on the premises but shall not include an abattoir. 2.40 BUFFER STRIP means an area to be used only for the purpose of screening land, buildings or other structures by the planting and maintenance of trees or shrubs or the construction and maintenance of a berm. 2.41 BUILDING means any structure used or designed to be used for shelter, accommodation or enclosure of persons, animals or chattels. 2.42 BUILDING ENVELOPE means the buildable area on a lot, defined by the minimum front yard depth, rear yard depth and side yard width requirements and maximum height requirements, within which a building can be erected. 2.43 BUILDING SUPPLY STORE means an establishment engaged in the selling of building supplies including lumber, mill work, siding, roofing, electrical, heating, air conditioning, and similar items. 2.44 CABIN, SLEEP means a building containing not more than two sleeping rooms, which building shall not include cooking facilities but may include sanitary facilities. 2.45 CAMP, RECREATION means a recreational establishment operated by a private or public organization for temporary accommodation in tents, cabins, cottages and/or lodge houses and shall include a church camp, a day camp or a scout camp but does not include any tourist establishment or mobile home park. 2.46 CAMPING ESTABLISHMENT means a tourist establishment consisting of at least five camping lots and comprising land used or maintained as grounds for the camping or parking of recreational vehicles and tents. 2.47 CANNABIS-LICENSED CULTIVATION AND PRODUCTION FACILITY means any building or structure, licensed and/or authorized to grow, possess, sell, provide, ship, deliver, transport, destroy, test, produce export and/or import cannabis for medical or non-medical purposes, including related research as defined in applicable Federal Regulations as amended from time to time. 2.48 CARPORT see GARAGE, PRIVATE OR CARPORT. 20 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 DEFINITIONS _____________________________________________________________________________________________________ 2.49 CELLAR means the portion of a building between two floor levels, which is partly underground and which has more than one-half of its height from finished floor to finished ceiling, below adjacent finished grade. 2.50 CEMETERY means a place used for the interment of human bodies as defined under the Funeral, Burial and Cremation Services Act and includes accessory uses such as a crematorium, columbarium and chapel. 2.51 CHIEF BUILDING OFFICIAL means an officer or employee of the Corporation charged with the duty of enforcing the provisions of the Building Code, the Zoning By-law and similar By-laws of the Corporation. 2.52 CHURCH means a building commonly used by any religious organization, as defined in the Religious Organizations' Lands Act, for public worship, and may include a rectory or manse, church hall, auditorium, day nursery or religious school associated with or accessory thereto. 2.53 CLINIC means a building or part thereof, used exclusively by physicians, dentists, their staff, and their patients for the purpose of consultation, diagnosis and office treatment. Without limiting the generality of the foregoing, a clinic may include administrative offices, waiting rooms, treatment rooms, laboratories, pharmacies and dispensaries directly associated with the clinic, but shall not include accommodation for in-patient care or operating rooms. 2.54 COMMERCIAL STORAGE means a building or structure in which more than one storage unit is rented and used for the temporary storage of household items, vehicles and/or commercial goods and materials, but does not include any business operation and use associated with the storage. Each unit is physically separated from other units within the building and has its own entrance. 2.55 COMMUNITY CENTRE means any tract of land or buildings, or any part of any buildings used for community activities whether used for commercial purposes or not, and the control of which is vested in the municipality, a local board or agent thereof. 2.56 COLD STORAGE LOCKER means a building or part of building used for cold storage. 2.57 CONCRETE MANUFACTURING PLANT means an industrial facility used for the production of concrete for immediate use in the construction of buildings, structures, roads or driveways. This definition also means the manufacturing of finished concrete products and may include the retail sale of such products. 2.58 CONSTRUCT means to do anything in the erection, installation, extension or material alteration or repair of a building and includes the installation of a building unit fabricated or moved from elsewhere and "construction" has a corresponding meaning. 2.59 CONTRACTOR'S YARD OR SHOP means an area of land of a contractor of any building or construction trade where equipment and materials are stored, or where a contractor performs shop or assembly work but does not include any other yard or establishment otherwise defined or classified herein. This use does not include heavy excavation on the subject property, unless 21 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 DEFINITIONS _____________________________________________________________________________________________________ otherwise permitted. 2.60 CONVENIENCE STORE means a retail commercial establishment supplying groceries, sundries and other daily household necessities to the immediate surrounding area. 2.61 CORPORATION means the Corporation of the Township of Madawaska Valley. 2.62 COTTAGE means a building to accommodate one or more guests for temporary occupancy, (a) that contains at least two rooms; (b) that is at least partially furnished; and (c) in which the guest may be permitted to prepare and cook food. 2.63 COTTAGE ESTABLISHMENT means a tourist establishment comprised of two or more cottages owned or leased by the same person. Cabin establishment shall have a corresponding meaning. 2.64 CUSTOM WORK SHOP means a building or structure or part thereof where individual custom productions such as drapes, venetian blinds, handmade leather goods, orthopedic and prosthetic appliances, waving, awnings and other non-offensive, non-dangerous custom production is carried out but does not include any factory production or any shop or factory otherwise classified or defined in this By-law. 2.65 DAIRY means a building or part of a building where dairy products are produced and processed for packaging, distribution and resale off premises. 2.66 DAY NURSERY, LICENSED means a building or part thereof in which temporary care, supervision and/or board for 5 children or more who are not of common parentage is provided and which is licensed under the Child Care and Early Years Act. 2.67 DAY NURSERY, PRIVATE Means a dwelling in which the owner or tenant conducts a home occupation by providing temporary care, supervision and board for up to 5 children who are not of common parentage. 2.68 DECK means a building component that is uncovered and unenclosed, which may or may not be attached to one or more walls of a building. A deck includes its associated guards, fencing, walls, visual screens, stairs, and other associated features. A deck may or may not have a foundation. 2.69 DEVELOPMENT means the construction, erection or placing of one or more buildings or structures on land or the making of an addition or alteration to a building or structure that has the effect of substantially increasing the size or usability of such buildings or structures, or the laying out and establishment of a commercial parking lot. 2.70 DENSITY means the ratio of the number of dwelling units to the lot area. 22 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 DEFINITIONS _____________________________________________________________________________________________________ ILLUSTRATION OF CELLAR AND BASEMENT DEFINITIONS Note: the above illustration is for clarification purposes only. FIRSTSTOREY FIRSTSTOREY A A FINISHED CEILING C FINISHED CEILING 'A'ISEQUAL TO OR GREATER THAN 1/2 OF 'C' FINISHED GRADE C 'B' IS GREATER THAN 1/2 OF 'C' B FINISHED FLOOR B FINISHED FLOOR CELLAR BASEMEN T 23 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 DEFINITIONS _____________________________________________________________________________________________________ 2.71 DRIVEWAY means a vehicle access provided between a street or lane and a parking area or a loading space, or between two parking areas, but does not include a parking aisle. 2.72 DWELLING means a building or part of a building containing one or more dwelling units. 2.73 DWELLING, SINGLE DETACHED means a single dwelling unit which is freestanding, separate and detached from other main buildings or main structures and includes a prefabricated single dwelling unit but does not include a mobile home. 2.74 DWELLING, SEMI-DETACHED means a building that is divided vertically into two separate dwelling units, each of which has an independent entrance either directly from the outside or from a common vestibule. 2.75 DWELLING, DUPLEX means a building that is divided horizontally into two separate dwelling units each of which has an independent entrance either directly from outside or through a common vestibule. 2.76 DWELLING, TRIPLEX means a building that is divided horizontally into three separate dwelling units each of which has an independent entrance either directly from outside or through a common vestibule. 2.77 DWELLING, TWO UNIT (THREE UNIT, FOUR UNIT) means a building containing two dwelling units (or three dwelling units or four dwelling units respectively). 2.78 DWELLING, MULTIPLE ATTACHED means a building that is divided vertically into more than four (4) dwelling units, each of which has a separate and independent entrance at finished grade and separated from the adjoining unit or units by a common unpierced wall with no interior access between each dwelling unit. Townhouse shall have a corresponding meaning. 2.79 DWELLING, APARTMENT means the whole of a building not otherwise defined herein, which contains more than four (4) dwelling units served by a common entrance or by an independent entrance directly from the outside in which the occupants have the right to use in common any corridors, stairs or elevators contained therein, and the yards appurtenant thereto. 2.80 DWELLING, LIMITED SERVICE means a single detached dwelling that: - has no frontage on a municipally maintained street, and - the owner is responsible for services, such as snow clearing and road maintenance, and for ensuring that the road condition is adequate for access by emergency vehicles including fire, ambulance and police; - has a means of access to the lot that is not part of the municipal street network. 2.81 DWELLING, SEASONAL means a single detached dwelling that is used occasionally for recreation, rest or relaxation, but that is not occupied continuously nor used as a year-round permanent dwelling. 24 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 DEFINITIONS _____________________________________________________________________________________________________ ILLUSTRATIONS OF DWELLING TYPES DETACHED SEMI-DETACHED DUPLEX MULTIPLE ATTACHED Note: The above illustrations are for clarification purposes only. UNIT A UNIT B UNIT A UNIT B 25 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 DEFINITIONS _____________________________________________________________________________________________________ 2.82 DWELLING UNIT means a suite of habitable rooms which: - is located in a building; - is used or intended to be used in common by one or more persons as a single, independent and separate housekeeping establishment; - contains food preparation and sanitary facilities provided for the exclusive common use of the occupants thereof; and - has a private entrance directly from outside the building or from a common hallway or stairway inside the building. 2.83 DWELLING UNIT, ACCESSORY means a dwelling unit accessory to a permitted non-residential use. 2.84 DWELLING UNIT AREA means the aggregate of the floor area of all habitable rooms, hallways and lobbies within a dwelling unit, excluding the thickness of any exterior walls. 2.85 DWELLING UNIT, MODULAR means a prefabricated single detached dwelling designed to be transported once online to a final location and constructed so as the shortest side of such dwelling is not less than six metres in width. 2.86 EATING ESTABLISHMENT means a building or part of a building where food is offered for sale or sold to the public for consumption either on or off the premises and includes a restaurant, café, cafeteria, ice cream parlour, tea or lunch room, dairy bar, coffee shop, snack bar, but does not include a boarding house. 2.87 EATING ESTABLISHMENT, TAKE-OUT means a building or structure used for the sale of food to the general public and from which food is made available to the customer from within the building. This includes a mobile food vehicle. No provision is made for consumption of food on the site, except for a mobile food vehicle. 2.88 EMPLOYEE means a person who is hired, contracted, engaged or otherwise employed by another person or persons or by a company, partnership, corporation or similar organization to preform or carry out work. For the purpose of this definition, an employee includes any person who is employed full time or part time, whether for a salary, commission, hourly wage, other consideration or as a volunteer, and includes the owner, owners, partners, principles and officers of the company, partnership, corporation or organization. 2.89 ERECT means build, construct, reconstruct, alter, enlarge or relocate and without limiting the generality of the foregoing, shall include any preliminary physical operations such as cutting, grading, excavating, berming, piling, cribbing, filling or drainage, or any altering of any existing building by an addition, deletion, enlargement, extension or other structural change. 2.90 ESTABLISHED BUILDING LINE means the average of the setbacks of existing principal buildings on lots on either side of the lot proposed to be built upon. In the case of a corner lot, the average street line shall be deemed to be the average setback of all buildings and structures on the block. 26 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 DEFINITIONS _____________________________________________________________________________________________________ 2.91 EXISTING means existing as of the date of final passing of this By-law. 2.92 EXISTING USE means the purpose for which any land, building structure or combination thereof is designed, arranged, occupied or maintained as of the date of the passage of this By-law. 2.93 EXTRACTIVE INDUSTRIAL FACILITY means a building, structure or facility used for processing aggregate and includes the screening, sorting, washing, crushing, storing and other similar operations allied to an extractive industrial operation. 2.94 FACTORY OUTLET means a building accessory to a permitted industrial use where the products manufactured by that industry are kept and offered for wholesale or retail sale. 2.95 FARM means land used for the tillage of soil; the growing and harvesting of field crops, vegetables, fruits, horticultural crops and trees; the grazing, breeding, raising, boarding or training of livestock and horses; dairying; beekeeping, fish farming; any other operation that is normal farming practice; and includes one farm dwelling as well as barns, sheds and other accessory structures. A farm shall include agri-tourism related uses. 2.96 FARM LIMITED means land used for growing and harvesting field, bush, vine, forest or tree crops or grazing and does not include a farm dwelling and accessory buildings and uses. 2.97 FARM PRODUCE SALES OUTLET means a stand set up as an accessory use on a farm, used for the sale or produce from that same agricultural use. 2.98 FENCE means a physical barrier or partition made of wood, metal or other substance that is constructed for any purpose, such as marking the boundary of a property, enclosing a property, providing privacy, preventing access by people or animals, or dividing a property into sections, and includes every door, gate and other closure that forms part of a fence and which may be regulated by the Corporation. 2.99 FINANCIAL INSTITUTION means the premises of a bank, trust company, finance company, mortgage company or investment company. 2.100 FLOOD means a temporary rise in the water level resulting in the inundation of areas that are adjacent to a water course and not ordinarily covered by water. 2.101 FLOOD FRINGE means the outer portion of the flood plain between the floodway and the upper elevation of the flood plain limit. Depths and velocities of flooding are generally less severe in the flood fringe than those experienced in the floodway. 2.102 FLOOD PLAIN means the area of land within a watershed which is subject to inundation during a flooding event. This area shall be calculated as being the area that would be flooded with an expected average frequency of once in a hundred years. Lands subject to flooding shall have a corresponding meaning. 27 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 DEFINITIONS _____________________________________________________________________________________________________ 2.103 FLOODPROOFED means the installation of power service metering equipment, major electrical appliances, etc., such that they are not located below the flood plain design elevation but this does not prohibit the installation of electrical wall outlets equipped with ground fault plugs; the design and installation of heating, air conditioning, ventilation, plumbing, sewer and water systems which consider flood susceptibility; sanitary sewer and storm drainage systems having openings below the flood plain elevation which are provided with automatic back flow preventers; water supply systems which are designed to prevent contamination by flood waters; fuel-fired furnaces which are provided with float operated automatic control valves which shut off the fuel supply in the event of flooding; septic systems which are designed to operate during flood conditions and which prevent sewer discharges which could result in a health hazard; and no building openings below the regulatory flood elevation. 2.104 FLOODWAY means the channel of a watercourse and the inner portion of the flood plain adjacent to the watercourse where flood depths and velocities are more severe than in the flood fringe. These flood depths and velocities are considered to have the potential to threaten lives and/or damage property. 2.105 FLOOR AREA GROSS means, for a dwelling, the total area of the storeys exclusive of basements, cellars, attic, garages, sunrooms, unenclosed verandas or porches; and for a building other than a dwelling, the total area of all the floors contained within the outside walls of the building. Only that floor area having a clear height to the ceiling of at least two and one- quarter metres (2.25 metres) may be used to calculate floor area. 2.106 FLOOR AREA, GROSS LEASABLE means the total floor area of a building including basements, mezzanines and upper floors, minus common areas including public walkways, malls, public toilets, truck and service facilities, joint service facilities, elevator shafts and lobbies, boiler rooms, maintenance rooms, mechanical or electrical or utility rooms and any parking for autos within the building. 2.107 FLOOR AREA, NET means only the habitable or useable floor space in a building exclusive of any foyer, hallways, stairwell, closet, washroom or toilet room and shall be measured from the inside walls. 2.108 FOOD CATERING ESTABLISHMENT means any premises where food is prepared for banquets, weddings, etcetera and where such food is prepared for consumption off the premises. 2.109 FRONTAGE see LOT FRONTAGE. 2.110 FORESTRY means the management, development and cultivation of timber resources to ensure the continuous production of wood or wood products, provision of proper environmental conditions for wildlife, protection against floods and erosion, protection and production of water supplies, and preservation of the recreation resources. 2.111 FUEL DEPOT means the use of land, structures or buildings for the purpose of distributing fuels from a fuel storage tank on the premises. 28 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 DEFINITIONS _____________________________________________________________________________________________________ 2.112 FUEL STORAGE TANK means a tank for the bulk storage of petroleum gasoline, fuel oil, gas or inflammable liquid or fluid but does not include a container for inflammable liquid or fluid legally and properly kept in a retail store or a tank for storage merely incidental to some other use of the premises where such tank is located. 2.113 FURNITURE OR WOOD PRODUCTS SHOP means an establishment where items are constructed primarily from wood, including such products as cabinets, furniture, caskets, trim, or sash and door works. 2.114 FUNERAL HOME means any premises where preparation of a human body for internment or cremation is undertaken. 2.115 GARAGE, PRIVATE OR CARPORT means an enclosed or partially enclosed structure in which no business, occupation or service is conducted for profit, and which structure is used primarily for the storage of one or more vehicles and storage of household equipment incidental to the residential occupancy. Carport shall have a corresponding meaning. 2.116 GARAGE, PUBLIC means a municipal or provincial facility used for the storage and servicing of road construction and maintenance equipment and materials. 2.117 GARDEN CENTRE means an establishment primarily used for the retail sale of gardening equipment, products and planting materials, including greenhouses for the cultivation of such materials. 2.118 GARDEN SUITE means a one-unit, detached, residential structure containing bathroom and kitchen facilities that is ancillary to an existing residential structure and that is designed to be portable for which a temporary use by-law has been adopted, pursuant to the provisions of the Planning Act. 2.119 GOLF COURSE means a public or private area operated for the purpose of playing golf including an accessory club house, driving range, miniature course or combination thereof. 2.120 GRADE, FINISHED with reference to a building, means the average elevation of the finished surface of the ground where it meets the exterior of the front to such building and when used with reference to a structure shall mean the average elevation of the finished grade of the ground immediately surrounding such structure, exclusive in both cases of any artificial embankment or entrenchment, and when used with reference to a street means the elevation of the street established by the Corporation or other designated authority. 2.121 GREENHOUSE means a building and/or structure used for the growing of flowers, vegetables, shrubs, trees and similar vegetation including any part of a building, structure or area used for the sale of garden supplies and landscaping materials which may include seeds, bulbs, tools, etc. This definition shall not include any premises for the growing of mushrooms. 2.122 GRAVEL means any open excavation made for the removal of any unconsolidated aggregate 29 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 DEFINITIONS _____________________________________________________________________________________________________ including earth, clay, sand, and gravel in order to supply material for construction, industrial or manufacturing purposes, but shall not include an excavation incidental to the erection of a building or structure for which a building permit has been granted by the Corporation or an excavation incidental to the construction of any public works. 2.123 GROUP HOME, TYPE "A" means a single household unit in a dwelling, in which 3 to 10 residents (excluding staff or receiving family) live together under responsible supervision consistent with the requirements of its residents, who, by reason of their emotional, mental, social, or physical condition, require a group living arrangement. This definition does not include residences for custodial supervision, or boarding dwelling houses. 2.124 GROUP HOME, TYPE "B" means a single household unit in a dwelling, in which residents live together under custodial supervision consistent with the specialized needs of its residents. A Young Offenders Type "B" group home shall be licensed or approved by either the Ministry of Community and Social Services or the Ministry of Correctional Services under the Young Offenders Act. An Adult Offenders Type "B" group home, or Community Resource Centre, shall be licensed or approved by the Ministry of Correctional Services under the Ministry of Correctional Services Act. 2.125 HAULED SEWAGE means untreated sanitary waste from a septic tank, privy or holding tank. 2.126 HEIGHT means, when used with reference to a building, the vertical distance between the average elevation of the finished surface of the ground at the front of the building and, (a) in the case of a flat roof, the highest point of the roof surface or the parapet, whichever is the greater; (b) in the case of a mansard roof, the deck roof line; (c) in the case of a gable, hip or gambrel roof, the mean height between the eaves and the ridge; and (d) in the case of any other type of roof, the highest point of the roof surface. 2.127 HIGH WATER MARK means the mark made by the action of water under natural conditions on the shore or bank of water, which action has been so common and usual and so long continued that it has created a difference between the character of the vegetation or soil on one side of the mark and the character of the vegetation or soil on the other side of the mark. 2.128 HOME DISPLAY AND SALES OUTLET means an establishment or premises where prefabricated dwellings including cottages and mobile homes are erected or located for display purposes only and from which orders can be placed for the purchase and delivery of such dwellings or parts and accessories associated therewith. 2.129 HOME INDUSTRY means a gainful occupation including a day nursery, carpentry, electrical shop, woodworking, window framing, welding, plumbing, machine or auto repair shop, riding 30 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 DEFINITIONS _____________________________________________________________________________________________________ stables and a kennel with a maximum of four outdoor runs; a service shop; blacksmithing; or a storage building for school buses, boats or snowmobiles and conducted in whole or in part in an accessory building to a single detached dwelling or to a permitted farm use. 2.130 HOME OCCUPATION means any occupation for gain or support which is carried on as an accessory use either within a dwelling or dwelling unit and operated by members of the one family residing in a dwelling or dwelling unit. Such home occupation uses may include a service or repair shop; a personal service shop; the office or consulting room of a doctor, dentist, chiropractor, drug-less practitioner, lawyer, real estate agent, insurance agent, planner, architect, photographer, teacher, music or dance instructor or engineer, but does not include a clinic, a hospital, a nursing home, a tea room, kennel, a taxi business or a small internal combustion engine repair shop. 2.131 HOSPITAL means a hospital as defined in the Private Hospitals Act, a sanitarium as defined by the Private Sanitarium Act or a hospital as defined by the Public Hospital Act. 2.132 HOTEL means a tourist establishment that consists of the following: 1) one or more than one building containing four or more accommodation units grouped under one roof and accessible from the interior or partially from the exterior, and 2) may or may not have facilities for serving meals. 2.133 HOUSEHOLD means the collection of all individuals normally resident in a dwelling unit. 2.134 HUNTING & FISHING CAMP means a building or structure occupied for limited times during the year as a base for hunting, fishing and similar outdoor activities but which is not a single detached dwelling, a recreation vehicle, or a seasonal dwelling as defined herein. It is not intended for permanent living and is typically used during hunting seasons. Examples of hunt camps include cabins, lodges or even simple shelters that provide lodging and basic amenities for persons in engaged in hunting, fishing, or related outdoor activities. Such structure may be described as being of light frame construction. 2.135 INSTITUTIONAL USE means the use of buildings or structures for a public or non- profit purpose and without limiting the generality of the foregoing, may include such uses as schools, places of worship, indoor recreation facilities, community centre, hospitals and government buildings. 2.136 KENNEL, COMMERCIAL means a kennel used primarily for boarding dogs not owned by family members, or for the breeding, raising and sale of purebred or crossbred dogs, whether owned by family members or not. Grooming may be conducted as an accessory use. 2.137 KENNEL, HOBBY means a kennel where dogs are housed for the primary purpose of pleasure (pets) or hunting, and where there is no boarding. 31 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 DEFINITIONS _____________________________________________________________________________________________________ Note: The above illustrations are for clarification purposes only. 32 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 DEFINITIONS _____________________________________________________________________________________________________ 2.138 LABORATORY means an establishment used for scientific research and/or experiments. 2.139 LANDSCAPED OPEN SPACE means open space comprised of lawn and/or ornamental shrubs, flowers and trees and may include space occupied by paths, walks, courts and patios, but shall not include parking areas, traffic aisles, driveways, ramps or storage of equipment, vehicles or other materials. 2.140 LANE means a public thoroughfare which affords only a secondary means of access to abutting lots and which is not intended for general traffic circulation. 2.141 LAUNDROMAT means a building or structure where coin-operated laundry machines, using only water, detergents and additives are made available to the public for the purpose of laundry cleaning. 2.142 LIVESTOCK means chickens, turkeys, cattle, hogs, mink, rabbits, sheep, horses, goats or any domestic animal used or raised for consumption or for commercial purposes. 2.143 LIVESTOCK FACILITY means barns, buildings or structures where livestock are housed and shall also include beef feedlots and the associated manure storage facilities. 2.144 LOADING SPACE means a space or bay located on a lot which is used or intended to be used for the temporary parking of any vehicle while loading or unloading goods, merchandise, animals or materials used in connection with the use of the lot or any building thereon. 2.145 LODGE HOUSE means a building in which bedrooms, common areas, dining areas, games areas and meals are available for the guests of an establishment. 2.146 LOG HOME MANUFACTURING PLANT means a building or structure in which log homes are fabricated or assembled and includes an office and any related training facilities. 2.147 LOGGING HAULER means an area of land and/or building of a logging hauler where equipment and materials belonging to the logging hauler are stored and may include repairs to logging equipment belonging to the logging hauler. This definition does not include other logging activities such as a sawmill or the storage of logs on the ground or in storage buildings. 2.148 LONG TERM CARE HOME means a residential facility licensed by the province, that provides various types of care for individuals who need assistance with daily activities due to aging, illness, or disability. 2.149 LOT means a parcel or tract of land: (a) which is a whole lot as shown on a Registered Plan of Subdivision, but a Registered Plan of Subdivision for the purposes of this paragraph does not include a Registered Plan of Subdivision which has been deemed not to be a Registered Plan of Subdivision under a By-law passed pursuant to Section 50 of The Planning Act. 33 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 DEFINITIONS _____________________________________________________________________________________________________ (b) which is a separate parcel of land the owner of which does not retain the fee or equity of redemption in, or a power or right to grant, assign, or exercise a power of appointment with respect to any abutting land, or (c) the description of which is the same as in a deed which has been given consent pursuant to the Planning Act. 2.150 LOT AREA means the total horizontal area within the lot lines of a lot. For calculating the minimum lot area requirement such as shall exclude areas covered by a waterbody or watercourse, or areas located within the mapped floodplain, or areas between the top and toe of cliffs or embankments having a slope of 30 degrees or more from the horizontal, shall not be included. 2.151 LOT, CORNER means a lot having street frontage adjoining the point of intersection of two or more streets. 2.152 LOT COVERAGE means the percentage of the lot area covered by buildings, including accessory buildings. 2.153 LOT FRONTAGE means the horizontal distance between the side lot lines measured along the front lot line. Where the front lot line is not a straight line, or where the side lot lines are not parallel, the lot frontage shall be measured along a line seven and one-half (7.5) metres back from and parallel to the street line. 2.154 LOT, INTERIOR means a lot situated between adjacent lots and having access to one street. 2.155 LOT, LINE means any boundary of a lot or a vertical projection thereof. 2.156 LOT LINE, FRONT means the lot line that divides the lot from the street or street allowance or private road with the following clarifications: (a) in the case of a corner lot, the shorter lot line that abuts the street shall be deemed the front lot line and the longer lot line that abuts the street shall be deemed the side lot line; (b) in the case of a corner lot with two street lines of equal lengths, the lot line that abuts the wider street or abuts a Provincial Highway or abuts a County Road shall be deemed to be the front lot line, and in the case of both streets being under the same jurisdiction, or of the same width, the lot line where the principal access to the lot is approved shall be deemed to be the front lot line; (c) in the case of a corner lot abutting a .3 metre reserve the lot line so abutting the .3 metre reserve shall be deemed an exterior side lot line and the other line abutting the street shall be deemed the front lot line; (d) in the case of a through lot, the longer boundary dividing the lot from the street shall be deemed to be the front line and the opposite shorter boundary shall be deemed to be the rear lot line. In case each of such lot lines should be of equal length the lot line where the 34 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 DEFINITIONS _____________________________________________________________________________________________________ principal access to the lot is approved shall be deemed to be the front lot line; and (e) in all other cases, the lot line where the principal access to the lot is approved shall be deemed to be the front lot line. 2.157 LOT LINE, REAR means, in the case of a lot having four or more lot lines, the lot line furthest from and opposite to the front lot line. In the case of a lot with less than four lot lines, there shall be deemed to be no rear lot lines. 2.158 LOT LINE, SIDE means a lot line other than a front or rear lot line. 2.159 LOT, THROUGH means a lot bounded on two opposite sides by a street. If any lot qualifies as being both a "Lot, Corner" and a "Lot, Through" as hereinbefore defined, such lot shall be deemed a "Lot, Corner" for the purpose of this By-law. 2.160 MAIN BUILDING means a building in which the principal use is conducted on the lot on which the building is located. In the residential zone the dwelling is the main building. 2.161 MANUFACTURING PLANT means a building or structure in which a product is fabricated, or materials are processed or assembled and from which such product is shipped to a wholesale or retail outlet. 2.162 MANUFACTURING PLANT, LIGHT means a building or structure in which materials or component parts are manufactured, assembled or processed to produce finished products suitable for the retail trade but does not include any industry involving stamping presses, furnaces or other machinery that emits dirt, dust or noxious fumes into the air or that results in noise or vibration beyond the property in excess of Ministry of the Environment, Conservation and Parks guidelines. 2.163 MARINA means a building, structure or place, containing docking facilities and located on a waterbody, where boats and boat accessories are berthed, stored, serviced, repaired or kept for sale or rent, where boat trips may be offered, and where facilities for the sale of marine fuels and lubricants may be provided. 2.164 MARKET means the sale of new or used goods, wares, merchandise, substances, articles or things to the general public, including but not limited to: arts, crafts and other homemade articles, fresh and prepared food products; nursery products; and used furniture and other household items, by one or more independent vendors, but does not include the sale of vehicles or livestock. A market may be located in a permanent or temporary building or structure, or may be located partially or entirely in the open. For the purposes of this By-law, a market is considered to be a retail store. 2.165 MEAT PRODUCTS PLANT means a canned meat factory, sausage factory, meat processing plant and any other factory where meat or poultry are cooked, cured, smoked or otherwise processed or packed but does not include a stock-yard, abattoir, tannery or hide processing plant, a poultry-killing establishment, an animal food factory or an animal by-products plant. 35 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 DEFINITIONS _____________________________________________________________________________________________________ 2.166 MINE means, - any opening or excavation in, or working of, the ground for the purpose of winning any mineral or mineral bearing substance; - all ways, works, machinery, plant, buildings and premises below or above the ground relating to or used in connection with the activity referred to in clause (a); - any roasting or smelting furnace, concentrator, mill, work or place used for or in connection with washing, crushing, grinding, sifting, reducing, leaching, roasting, smelting, refining or treating any mineral or mineral bearing substance, or conducting research on them; - tailings, waste rock, stockpiles of ore or other material, or any other prescribed substances, or the lands related to any of them; and - mines that have been temporarily suspended, rendered inactive, closed out or abandoned; but does not include any prescribed classes of plant, premises or works. 2.167 MINIMUM DISTANCE SEPERATION (MDS): means the minimum distance between livestock facilities, including permanent manure storage, and development on surrounding lots as determined by the Ministry of Agriculture, Food and Rural Affairs (OMAFA) MDS Implementation Guidelines, as amended from time to time. 2.168 MINING means any mode or method of working whereby the earth or any rock, stratum, stone or mineral-bearing substance may be disturbed, removed, washed, sifted, leached, roasted, smelted, refined, crushed or dealt with for the purpose of obtaining any mineral therefrom, whether it has been previously disturbed or not. 2.169 MINI STORAGE ESTABLISHMENT means one or more than one building containing separate spaces of varying sizes that are offered by lease or rent to persons for the storage of chattels. Self-service storage building shall have a corresponding meaning. 2.170 MOBILE FOOD VEHICLE, means a refreshment operation which is established at a location on a temporary basis and which may change location from time to time through the use of motorized transportation and which is not located in a permanent building or structure. 2.171 MOBILE HOME means any dwelling that is designed to be made mobile and constructed or manufactured to be used in like manner as a single detached dwelling for the permanent accommodation of one or more persons, notwithstanding that the running gear is or may be removed, or that such dwelling is or may be fixed on a finished and permanent foundation or has become in any other manner so adapted and affixed to the land upon which it is situated that it is, or has become, an immobile and permanent structure, and includes any mobile home as defined in Section 46(1) of the Planning Act amended from time to time, or any successors thereto. 2.172 MOBILE HOME PARK means a lot containing two or more mobile home sites and which is under single management and ownership, used for the siting of mobile homes together with 36 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 DEFINITIONS _____________________________________________________________________________________________________ commercial-recreational and service uses for Mobile Home Park residents, including any building, structure or enclosure forming a part of such a mobile home park. 2.173 MOBILE HOME SITE means an area of land which shall be considered a lot within a mobile home park occupied by or intended for occupancy by one mobile home together with all yards and open space required by this By-law. 2.174 MOTEL means a tourist establishment that consists of the following: 1) one or more than one building containing four or more attached accommodation units accessible from the exterior only, and 2) may or may not have facilities for serving meals. 2.175 MUSEUM means a lot, building and/or structure used for the storing and exhibition of objects illustrating antiquities, natural history, arts, etc. and which may be publicly or privately owned and/or managed. 2.176 MUTUAL DRIVEWAY means an ingress or egress that is common to two or more owners of abutting lands as a right-of-way registered against the title of the lands. 2.177 NAVIGABLE WATERWAY means a navigable body of water or stream as deemed under the Navigable Waters Protection Act. 2.178 NON-CONFORMING means that which does not conform, comply or agree with the regulations of this Bylaw as of the date of final passing thereof. 2.179 NURSERY See GARDEN CENTRE. 2.180 NURSING HOME means a building containing multiple rooms with common access to eating, bathroom, recreation and leisure areas for temporary occupancy by those requiring nursing or other care and where meals, personal care, nursing services and medical care and treatment are provided or made available, as defined under the Nursing Homes Act. 2.181 OFFICE, BUSINESS means an office where one or more persons are employed in the management, direction or conducting of any agency, business, brokerage, labour or fraternal organization and shall include a newspaper plant, a radio and television broadcasting studio or theatre. 2.182 OFFICE, PROFESSIONAL means any office where professionally qualified persons, technical assistants and clerical staff are employed and where clients or patients seek advice, consultation, or treatment. Notwithstanding the foregoing, said office shall not be a hospital or any other use defined herein. 2.183 OPEN SPACE means a parcel or area of land essentially unimproved or unoccupied by any building, structure or driveway. 2.184 OPEN STORAGE means the storage of goods, merchandise or equipment in the open air and in unenclosed portions of buildings which are open to air on the side. 37 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 DEFINITIONS _____________________________________________________________________________________________________ 2.185 OUTDOOR FURNACE means a solid fuel burning appliance located outside of the building it serves and is used for the space heating of buildings and/or domestic water heating and does not include the incineration of waste as defined in Section 25 of the Environmental Protection Act, c.E.19., R.S.O. 1990. 2.186 PARK means a recreational area that consists largely of open space and which may include a picnic area, swimming pool or area, playground, play field or similar use, but shall not include a mobile home park or recreational vehicle park. 2.187 PARK, PRIVATE means a park other than a public park. 2.188 PARK, PUBLIC means a park owned or controlled by the Corporation or by any Ministry, Board, Commission or Authority established under any statute of Ontario or Canada. 2.189 PARKING AREA means an area provided for the parking of motor vehicles and encompassing at least the required number of parking spaces and all driveways, aisles, manoeuvring areas, entrances, exits and similar areas for access to parking spaces, but shall not include any part of a street or private road. 2.190 PARKING SPACE means a portion of a parking lot or parking garage used for the temporary parking or storage of a motor vehicle, exclusive of any aisles or driveways. 2.191 PEDESTAL SIGN means a sign that is mounted on a free-standing pole or other support so that the bottom edge of the sign face is 2 metres or more above grade. 2.192 PERMITTED means permitted by this By-law. 2.193 PERSON means an individual, an association, a chartered organization, a firm, a partnership or a corporation. 2.194 PLACE OF ENTERTAINMENT means an athletic, recreational or social club operated for gain or profit as well as a motion picture or other theatre, auditorium, billiard or pool room, bowling alley, ice or roller skating rink, curling rink, or dance hall, but does not include any place of entertainment or recreation or other use otherwise defined or classified in this By-law. 2.195 PORTABLE ASPHALT PLANT means a facility operated by, or on behalf of, a public road authority for a particular construction project, with equipment designed to heat and dry aggregate and to mix aggregate with bituminous asphalt to produce asphalt paving material and includes the stockpiling and storage of bulk materials used in the process. Such a facility is not of permanent construction but is designed to be dismantled and moved to another location as required. 2.196 POWDER ROOM means a small bathroom that has a toilet and sink, but not a bathtub or shower. 2.197 PRINTING SHOP means a building or part of a building used for printing. 38 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 DEFINITIONS _____________________________________________________________________________________________________ 2.198 PRIVATE ROAD means a registered right-of-way not dedicated and accepted as or otherwise deemed at law to be a public highway, that serves as a privately maintained motor vehicle access-route to one or more abutting, legally conveyable parcels of land. New private roads shall have a minimum width of 10 metres (33 feet). 2.199 PRIVATE CLUB means a building or part of a building used as a meeting and social place exclusively for members of a chartered organization and their guests and shall include a fraternal lodge (e.g. Free Masons), a fraternity or sorority house, hostel, and a labour union hall. 2.200 PROPANE TANK shall mean a structure consisting of a tank used for the storage of propane gas. 2.201 PROVINCIALLY SIGNIFICANT WETLAND means an area identified as Provincially Significant by the Ministry of Natural Resources using evaluation procedures established by the province. 2.202 PUBLIC AUTHORITY means the Council and any School Board, Public Utility Commission, Transportation Commission, Public Library Board, Board of Parks Management, Board of Health, Planning Committee or other board or commission or committee of the Township of Madawaska Valley established or exercising any power or authority under any general or special statutes of Ontario with respect to any of the affairs or purposes of the Municipality or a portion thereof, and includes any committee or local authority established by By-law of the Municipality. 2.203 PUBLIC USE means the use of any land, building or structure by a public authority. 2.204 PUBLIC UTILITY means a waterworks, a water supply system, sewage works, electrical power or energy generating, transmission or distribution system, street lighting system, natural or artificial gas works or supply system or a telephone system, and includes any lands, buildings or equipment required for the administration or operation of any such system. 2.205 QUARRY means any open excavation made for the removal of any consolidated rock or mineral including limestone, sandstone or shale, in order to supply material for construction, industrial or manufacturing purposes, but shall not include an excavation incidental to the erection of a building or structure for which a building permit has been granted by the Corporation or an excavation incidental to the construction of any public works. 2.206 RECREATION, ACTIVE means the use of land, water and/or building for the purpose of organized active leisure activities and shall include an arena, a golf course, a sports field, and motorized vehicle trails. 2.207 RECREATION CAMP (see HUNTING & FISHING CAMP) 2.208 RECREATION, PASSIVE means the use of land and/or water for the purpose of passive leisure activity and shall include a park, a garden, a picnic area and the like, equestrian and hiking trails, as well as a playground with activity equipment for children. 2.209 RECREATIONAL VEHICLE means a structure or vehicle designed, intended and used as accommodation exclusively for travel, recreation and vacation and which is either capable of 39 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 DEFINITIONS _____________________________________________________________________________________________________ being drawn by a passenger vehicle or is self-propelled and shall include travel trailers, park model trailers, tent trailers, vans, motor homes, and similar transportable accommodation excepting a mobile home. 2.210 RECREATIONAL VEHICLE CAMPGROUND means a parcel of land under single ownership which is designed, developed and maintained or intended to provide accommodation on a temporary or seasonal basis, for recreational vehicles and/or tents plus accompanying towing or carrying vehicles. It may also include accessory uses such as an administration office, clubhouse, snack bar, laundry, convenience and souvenir shop, swimming pool, washrooms, showers, managers' dwelling and recreational facilities. Recreational Vehicle Park shall have a corresponding meeting. 2.211 RECREATIONAL VEHICLE SITE means a plot of ground within a recreational vehicle campground or a camping establishment intended for exclusive occupancy by the renter(s), and on which accommodations and vehicles can be placed. 2.212 RELIGIOUS EDUCATION FACILITY means an establishment used by religious groups for study, relaxation, meditation and similar activities, including dining and lodging facilities, accommodation for staff and compatible accessory uses. 2.213 REQUIRED means required by this By-law. REQUIREMENT shall have a corresponding meaning. 2.214 RESORT means a tourist establishment catering to the vacationing public, designed as a destination-oriented operation and/or being within an area recognized as a destination for vacations, and providing meals and sleeping accommodations that may consist of lodge houses, guest rooms or cottages, but shall not include any other use defined herein. 2.215 RESTAURANT see EATING ESTABLISHMENT. 2.216 RETAIL STORE means a building or part of a building in which goods, wares, merchandise, substances, articles or things are kept and offered for sale directly to the general public, including rental of consumer goods, but does not include any establishment otherwise defined herein. A retail store shall also include minor fabricating, processing, assembling and/or manufacturing operations where customers and/or employees produce a finished product from the goods, wares, merchandise, substances or things which are sold on the premises and without limiting the generality of the foregoing includes such uses as picture framing, wine and beer making, and arts and crafts, provided there are no adverse effects on neighbouring properties. A retail store also includes the sale of used goods, wares, merchandise, substances, articles or things and without limiting the generality of the foregoing includes such uses as an antique store and market. 2.217 RIDING STABLES means an establishment where horses are boarded and where, for a fee, horses are hired out to the general public for riding or for riding lessons. 2.218 RIGHT-OF-WAY means an area of land that is legally described in a registered deed for the provision of public or private access. 40 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 DEFINITIONS _____________________________________________________________________________________________________ 2.219 ROAD, PUBLIC see STREET. 2.220 ROAD ALLOWANCE see STREET ALLOWANCE. 2.221 ROOM, HABITABLE means a room which: (a) is located within a dwelling unit or accessory use where authorized by the regulations of this Zoning By-law; (b) is designed for living, sleeping or eating or for sanitary purposes; (c) can be used at all times throughout the year; and (d) is not located within a cellar. 2.222 ROOM, NON-HABITABLE means any room located within a dwelling unit that is not a habitable room, including, but not so as to limit the generality of the foregoing, a laundry room, a pantry, a lobby, a stairway, a closet, a verandah, a recreation room, a porch, a balcony, a private garage, an unfinished attic, a cellar, a boiler room and any space used for the service and maintenance of such dwelling or for vertical travel between storeys. The upper storey of a private garage may be utilized as a habitable room where authorized by this Zoning By- law. 2.223 SALVAGE YARD means a lot and/or premises for the storage and/or handling and/or sale of scrap or used materials, which, without limiting the generality of the foregoing, shall include waste paper, rags, wood, bottles, bicycles, vehicles, tires, metal and/or other scrap material and salvage includes a junk yard, scrap metal yard and a wrecking yard, including ancillary automotive sales and service establishment and premises. 2.224 SAWMILL means a building, structure or area where timber is cut or stored, either to finished lumber or as an intermediary step. 2.225 SCHOOL means a school under the jurisdiction of a Public or Separate School Board as defined under the Department of Education Act. 2.226 SCHOOL, COMMERCIAL means a school conducted for hire or gain, other than a private, academic, religious or philanthropic school, and includes the studio of a dancing teacher or a music teacher, an art school or golf school, a school of calisthenics, a business or trade school and any other such specialized school conducted for hire or gain. 2.227 SCHOOL, PRIVATE means a school conducted either for-profit or not-for profit and which adheres to the provincially mandated curriculum, as legislated and regulated by the Province of Ontario, and which may also include accessory uses and facilities including, but not limited to, student residence(s). 2.228 SECURITY FENCE means fencing that is required by Health Canada as part of its license requirements under the Cannabis Act. 41 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 DEFINITIONS _____________________________________________________________________________________________________ 2.229 SENIOR CITIZEN'S HOME means any home for senior citizens sponsored and administered by any public agency or any service club, church or other profit or non-profit organization, either of which obtains its financing from Federal, Provincial or Municipal Governments or agencies, or by public subscription donation or residents payments, or by any combination thereof, and such homes shall include auxiliary uses such as club, kitchen, dining and/or lounge facilities, usually associated with Senior Citizens development. 2.230 SENSITIVE LAND USE means any building, structure, use or associated amenity area (indoor or outdoor) where humans may be adversely affected by adjacent industrial land uses or facilities as defined in the MECP Land Use and Compatibility Guideline, including but not limited to residential uses, day care facilities, places of worship, schools, or playgrounds. 2.231 SEPARATION DISTANCE means the horizontal distance between buildings or structures or physical features measured from the closest point of the exterior wall of such building or structure, or from the closest point of such physical feature. 2.232 SERVICE SHOP, GENERAL means a building or part of a building used for the servicing or repairing of articles, goods or materials, and in which no product is manufactured and includes radio, television and appliance repair shops, a laundromat, but does not include any automotive uses as defined by this By-law. 2.233 SERVICE SHOP, PERSONAL means a building or part thereof in which services are provided and administered to the individual and personal needs of persons, and without limiting the generality of the foregoing, includes barber shops, hairdressing establishments and workrooms for shoe repair and shoe shining shops, tailor shops, bakery shops and photographic studios. 2.234 SETBACK means the least horizontal dimension between the centreline of a street allowance or right-of-way, measured at right angles to such centreline, and the nearest part of any excavation, building or structure on the lot, or the nearest open storage use on the lot. 2.235 SEWAGE DISPOSAL SYSTEM, PRIVATE means a sanitary disposal system including a septic tank and tile bed disposal system approved by the Township's Sewage System Authority. 2.236 SEWAGE SLUDGE means the aqueous suspension of residual solids generated from the treatment of municipal or industrial wastewater. 2.237 SHOPPING CENTRE means a group of commercial and service establishments related in size and type, primarily to the specific commodity needs of the community and designed, developed and managed as a unit whether by a single owner, a group of owners or tenants acting in collaboration and shall include as a primary establishment a department store. Generally, but not prerequisite, the public access to individual functions within a Shopping Centre will be from an enclosed common mall area. 2.238 SHOPPING PLAZA means a group of commercial and service establishments or uses, related in size and type, primarily to the day-to-day needs of a residential area and designed, developed and managed as a unit, whether by a single owner, a group of owners or tenants in collaboration. 42 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 DEFINITIONS _____________________________________________________________________________________________________ Access to individual functions generally may be from an open mall area. 2.239 SHORT TERM RENTAL means a dwelling or dwelling unit, that in whole or in part, is rented or available for rent with the intention of financial gain or profit for an occupancy period of less than 30 consecutive days and may include a bed and breakfast, but does not include an additional residential unit (ARU), motel, hotel, hospital, or other accommodations where no payment is exchanged for use. 2.240 SIGHT TRIANGLE means the triangular space formed by intersecting street lines and a line drawn from a point in one street line to a point on the other street line, each such point being 7.5 m (24.6 ft) from the point of intersection of the street lines measured along the street lines. Where the 2 street lines do not intersect at a point, the point of intersection of the street lines shall be deemed to be the intersection of the projection of the street lines or the intersection of the tangents to the street lines. 2.241 SLOPE HAZARD means a slope steeper than 3 horizontal to 1 vertical (3H:1V) or 5H:1V for sensitive soils like marine clays, and areas with a grade difference exceeding 2 metres 2.242 STOREY means that portion of a building between any floor and the floor, ceiling or roof next above, provided that any portion of a building partly below grade level shall not be deemed a storey unless its ceiling is at least 2 m (6.6 ft) above grade. Provided also that any portion of a storey exceeding 4.5 m (14.8 ft) in height shall be deemed an additional storey for each 4.5 m (14.8 ft) or fraction thereof of such excess. 2.243 STREET means a public highway or public road under the jurisdiction of either the Corporation, the County of Renfrew or the Province of Ontario, and includes any highway as defined in the Municipal Act, as amended, but does not include a lane, a driveway or a private road. 2.244 STREET ALLOWANCE (ROAD ALLOWANCE) means land held under public ownership for the purpose of providing a street. 2.245 STREET, IMPROVED means a public road which has been constructed in such a manner so as to permit its use by normal vehicular traffic on a year-round basis, and is maintained by the Municipality, including snow ploughing, on a year-round basis. 2.246 STREET, MINIMUM MAINTENANCE means a public road that is under the jurisdiction of the Township and that is maintained to a standard acceptable for normal summer use only. STREET, SEASONAL shall have a corresponding meaning. 2.247 STREET, PRIVATE means a street, not otherwise defined herein, which is described on a plan of subdivision or on a plan of condominium which is not under the jurisdiction of the Corporation, but which has been approved by the Municipality. 2.248 STREET LINE means the limit of the road or street allowance and is the dividing line between a lot and a street. 2.249 STORAGE CONTAINER means any receptacle used for the purpose of storing goods or 43 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 DEFINITIONS _____________________________________________________________________________________________________ materials and designed to be loaded onto trucks, trailers, trains or ships for transportation and includes but is not limited to containers commonly referred to as Shipping Containers, Storage Containers, Sea Cans, C Can or Marine Cargo Containers. 2.250 STRUCTURE means anything constructed or erected, the use of which requires location on or in the ground or attached to something having location on or in the ground. 2.251 SWIMMING POOL, PRIVATE means any body of water, permanently located outdoors on privately owned property, contained by artificial means, and used and maintained for the purpose of swimming, wading, diving or bathing. 2.252 TAILINGS AND SLAG PILES means waste material or residue resulting from the reduction of metals from their ores. 2.253 TARPAULIN GARAGE means a supporting metal or wood membrane framework with a fabric cover made of canvas, nylon, or similar material. 2.254 TAVERN OR PUBLIC HOUSE means a tavern or public house as defined in the Liquor Licence Act but does not include a hotel or eating establishment. 2.255 TAXI STAND means the permanent location of the taxi business and the source of dispatch. 2.256 TOURIST ESTABLISHMENT Shall mean a lot or buildings to be used for the purpose of sleeping accommodation on a temporary basis by tourists or vacationers, including a hotel, motel, cottage establishment, cabins, camping establishment, lodge, short term rentals or bed and breakfast, including accessory uses such as dining, meeting and convenience store and similar uses. 2.257 TOWNSHIP means the Corporation of the Township of Madawaska Valley. 2.258 TRADESPERSON'S ESTABLISHMENT means a building or part of a building which, in addition to or as well as serving as an office, serves as a storage facility for the materials and equipment of, and/or a workshop for the undertaking of repairs, the preparation of materials, or the production of items on a custom order basis by, one of the following tradespersons: heating and cooling systems specialist, cabinet maker, carpenter, chimney sweep, drywaller or plasterer, electrician, exterminator, fence installer, furniture refinisher, general building contractor, glass installer, grounds maintenance person and landscaper, handyman, janitor, mason, painter, plumber, printer, snow plough operator, upholsterer, welder, window cleaner and similar tradespersons whose activities are not otherwise defined in this By-law. 2.259 TRAILER means any vehicle constructed as to be suitable for attachment to a motor vehicle for the purpose of being drawn or propelled by the motor vehicle, except a mobile home or farm implement. 2.260 TRAILER, PARK MODEL, means a trailer constructed to CSA Z-241 standard that is built on a single chassis mounted on wheels, designed for relocation from time to time, designed as living quarters for seasonal camping with the possibility for connection to services, and has a gross 44 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 DEFINITIONS _____________________________________________________________________________________________________ floor area, including lofts, not greater than 50 square metres when in setup mode and having a width greater than 2.6 metres in transit mode. A park model trailer is deemed to be a building or structure for the purposes of this By-law, as authorized by Section 34(4) of the Planning Act. 2.261 TRAILER, TENT OR TRAVEL means any trailer capable of being used for the temporary living, sleeping or eating accommodation of persons, notwithstanding that such vehicle is jacked up or that its running gear is removed. A tent or travel trailer is deemed to be a building or structure for the purposes of this By-law, as authorized by Section 34(4) of the Planning Act. 2.262 TRAILER PARK see RECREATIONAL VEHICLE CAMPGROUND. 2.263 TRAINING FACILITY means a building for the continuing education, training and certification of individuals in the trades, professional occupations and the like. 2.264 TRANSFER STATION means a waste disposal site used for the purpose of transferring waste from one vehicle to another for transportation to another waste disposal site. 2.265 TRUCK TERMINAL means a building, structure or place where trucks or transports are rented, leased, kept for hire, or stand or park for remuneration, or from which trucks or transports, stored or parked on the property, are dispatched for hire as common carriers or where goods are stored temporarily for further shipment. 2.266 USE (as a noun): means any of the following depending on the context: - any purpose for which land, buildings or other structures may be arranged, designated, designed, intended, maintained, or occupied; or - any occupation, business, activity, or operation carried on, or intended to be carried on, in a building or other structure or on land; or - a name of a tract of land or a building or other structure which indicates the purpose for which it is arranged, designated, intended, maintained, or occupied. 2.267 USE, ACCESSORY means a use customarily incidental and subordinate to the main use or main building and located on the same lot with such main use or main building. 2.268 VEHICLE means a passenger automobile or other motor vehicle, a boat, a farm implement, a commercial motor vehicle, a recreational vehicle, a snowmobile, a trailer and any other device that is capable of being propelled or driven by any kind of power but not any other device powered solely by human effort except a boat. 2.269 WAREHOUSE means a building or part of a building used primarily for the operation of general merchandise warehousing, cold storage and other storage facilities and also includes a centre for the distribution of wholesale goods and commodities for resale to retailers; to industrial, commercial, institutional, or professional users; to wholesalers. 2.270 WASTE DISPOSAL SITE means any land approved by the Ministry of the Environment upon, into, or in which waste may be deposited or processed. 2.271 WATERCOURSE means a defined channel, having a bed and banks or sides, in which a flow of 45 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 DEFINITIONS _____________________________________________________________________________________________________ water regularly or continuously occurs. 2.171(a) WATERFRONT LOT means a Lot which has direct access to a natural or man-made watercourse such as a lake, river, channel or canal. A waterfront lot may be separated from the water by a right-of-way, private road or unopened road allowance. 2.272 WATER FRONTAGE means the straight-line horizontal distance between the two most widely separated points on any one shoreline of a waterfront lot. 2.273 WATER SETBACK means the straight-line horizontal distance from the high-water mark of a watercourse, bay or lake to the nearest part of any excavation, building, structure or open storage use on the lot. 2.274 WATER SYSTEM, COMMUNAL means a private water distribution supply system in which water is piped to more than one dwelling or business operation. 2.275 WAYSIDE PIT, QUARRY means a temporary gravel pit or quarry opened and used by a public road authority solely for the purpose of a particular project or contract of road construction and not located on the road right-of-way. 2.276 WETLANDS means lands that are seasonally or permanently covered by shallow water, as well as lands where the water table is close to or at the surface. In either case, the presence of abundant water has caused the formation of hydric soils (soils in which there is an abundance of moisture) and has favoured the dominance of either plants that commonly grow in water or in water logged soil, or water tolerant plants. The four major categories of wetland are swamps, marshes, bogs and fens. 2.277 WHOLESALE OUTLET means a building or portion of a building used for the bulk storage and sale of quantities of goods, commodities, wares, merchandise or materials for resale or business use. 2.278 WRECKING ESTABLISHMENT means a building and/or lot used for the wrecking or dismantling of vehicles as defined herein, and for the storage and sale of scrap material, salvage and parts obtained therefrom but shall not include any other automotive use defined herein. 2.279 YARD means an open space on the same lot with a building or structure or excavation, unoccupied and unobstructed except as for such accessory buildings, structures or uses specifically permitted in this By-law. 2.280 YARD, FRONT means a yard extending across the full width of a lot between the front lot line and the nearest part of any main building, structure or excavation on the lot. FRONT YARD DEPTH means the shortest horizontal distance between the front lot line of the lot and the nearest part of any main building, structure or excavation on the lot. 2.281 YARD, REAR means a yard extending across the full width of a lot between the rear lot line and the nearest part of any main building, structure or excavation on the lot; REAR YARD DEPTH 46 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 DEFINITIONS _____________________________________________________________________________________________________ means the shortest horizontal distance between the rear lot line of the lot and the nearest part of any main building, structure or excavation on the lot. 2.282 YARD, SIDE means a yard extending from the front yard to the rear yard of a lot and from the side lot line of such lot to the nearest part of any main building, structure or excavation on the lot. SIDE YARD WIDTH means the shortest horizontal distance between a side lot line and the nearest part of any main building, structure or excavation on the lot. 2.283 YARD, EXTERIOR SIDE means a yard adjacent to a street between the nearest part of any main building, structure or excavation on the lot and a street, a 1-foot reserve or a road allowance, extending from the front yard to the rear lot line. EXTERIOR SIDE YARD WIDTH means the shortest horizontal distance between a side lot line on the flank side yard side and the nearest part of any main building, structure or excavation on the lot. 2.284 YARD, INTERIOR SIDE means a side yard other than an exterior side yard. 2.285 YARD, REQUIRED means a yard with the minimum front yard depth, rear yard depth or side yard width required by the provisions of this By-law. A required side yard shall extend from the required front yard to the required rear yard. 2.286 ZONE means an area delineated on a Zoning Map Schedule and established by this By-law for a specific use or group of uses. 2.287 ZONING ADMINISTRATOR means the officer or employee of the Corporation charged with the duty of enforcing the provisions of this By-law. 47 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 DEFINITIONS _____________________________________________________________________________________________________ ILLUSTRATION OF YARDS, REQUIRED YARDS AND RELATED TERMINOLOGY Note: The above illustration is for clarification purposes only. (SIDE LOT LINE) SIDE YARD WIDTH (REAR LOT LINE) SIDE YARD WIDTH (SIDE LOT LINE) REQUIRED REAR YARD DEPTH REQUIREDINTERIOR SIDE YARD WIDTH REQUIRED EXTERIOR SIDE YARD WIDTH REQUIREDFRONTYARDDEPTH (EXTERIORSIDELOTLINE) (FRONTLOTLINE) LOT FRONTAGE 48 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 GENERAL PROVISIONS _____________________________________________________________________________________________________ SECTION 3.0 - GENERAL PROVISIONS 3.1 APPLICATION The requirements contained in the General Provisions shall apply to all zones, except as otherwise indicated. 3.2 ACCESS See Subsection 3.19 Lots to Front on Streets. 3.3 ACCESSORY USES, BUILDINGS AND STRUCTURES Accessory uses, buildings and structures shall be permitted in any Zone provided that: 3.3.1 No accessory use, building or structure shall be built on a lot until the principal or main use, building or structure has been built on the lot. Notwithstanding the aforesaid, an accessory use, building or structure may be permitted on a lot in a Residential or Rural Zone before the principal or main use, building or structure has been built on the lot provided a site plan for the future development of the property (showing, for example, the location of a septic system and setbacks) is approved by the Municipality. 3.3.2 No accessory building or structure shall be used for human habitation except as specifically permitted in this By-law. 3.3.3 A powder room may be permitted on the main floor of an accessory building or structure used for storage purposes but shall not be located on the upper level unless otherwise permitted in this By-law. 3.3.4 The accessory building or structure shall not be located within any minimum required front yard depth or within any minimum required exterior side yard width. This provision shall not apply to a shelter for use by children waiting for a school bus in any Rural (RU) Zone nor to any farm produce sales outlet, provided the structures have less than 15 square metres of gross floor area. 3.3.5 Where paragraph 3.3.4 preceding does not apply (i.e. interior side yard and rear yard) and unless indicated otherwise in this By-law, no accessory building or structure or use shall be located closer than 1.0 metre to any lot line except: 3.3.5.1 that common semi-detached garages may be centred on the mutual side lot line; 3.3.5.2 that no setback shall apply to boat docking, boat launching facilities or to boat houses. Notwithstanding, boat houses on sensitive lakes shall be required to meet the minimum water setback; and 3.3.5.3 that prescribed uses and structures may be permitted in accordance with the 49 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 GENERAL PROVISIONS _____________________________________________________________________________________________________ provisions of this By-law for Encroachments On Required Yards, and with the Parking Requirements of this By-law. 3.3.6 Accessory buildings and structures shall not exceed 7.5 metres in height in any Residential, Commercial, Rural or Industrial Zone. 3.3.7 The coverage of the lot by accessory buildings and structures shall not exceed ten (10) percent of the total lot area. 3.3.8 No accessory building or structure shall be built within two (2) metres of the main building, unless the accessory building is constructed of incombustible materials. 3.3.9 Buildings and structures shall not be considered accessory if attached to the main building. 3.3.10 Accessory buildings and structures shall not be constructed on lands subject to slope failure or to flooding. Notwithstanding the preceding, boat docks, boat launching facilities and boat houses are permitted on lands subject to flooding, as are those buildings and structures otherwise specifically permitted on such lands by this By- law. 3.3.11 Notwithstanding any other provision of this By-law to the contrary, the following provisions shall apply to swimming pools: 3.3.11.1 No swimming pool shall be located in any front yard; 3.3.11.2 Swimming pools shall not be included in the calculation of maximum coverage; 3.3.11.3 The minimum rear yard depth for a swimming pool shall be 1.5 metres; and 3.3.11.4 The minimum side yard width for a swimming pool shall be 1.5 metres. 3.3.12 Tarpaulin garages shall be permitted in all zones. In addition to the other provisions of Section 3, a tarpaulin garage shall be closer to the owner's residence than the neighbouring residence by 3 metres. 3.3.13 One accessory building or structure of 15 square metres of gross floor area is permissible per lot without a building permit. For the purposes of clarity, despite the fact that an accessory building or structure may not require a building permit due to size, such building or structure shall still be required to adhere to all other applicable provisions of the Zoning By-law, including but not limited to, all minimum yard setbacks and a minimum 30 metre water setback from the high-water mark of any waterbody. 3.3.14 A private sewage disposal system shall be permitted 3 metres, or as per Ontario 50 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 GENERAL PROVISIONS _____________________________________________________________________________________________________ Building Code (OBC) requirements, from any street or private road. Notwithstanding, a private sewage disposal system shall be required to meet the provisions of Section 3.35(d) Water Setback. 3.4 ADDITIONAL RESIDENTIAL UNITS (ARUs) - FULL SERVICES Notwithstanding any provisions to the contrary, on land where a single detached dwelling, semi-detached dwelling, duplex dwelling, or townhouse dwelling is a principal permitted use, and where the land is within the R1, or R2, zoning designation, and serviced by municipal sewer and water services, two (2) "Additional Residential Units" (ARUs) shall be permitted as an accessory use subject to the following provisions: 3.4.1 The subject property shall comply with the minimum lot area and minimum lot frontage standards for the zone in which it is located. 3.4.2 The subject property shall have frontage on an open public road that is maintained year- round. 3.4.3 Additional Residential Units shall not be permitted on lands subject to flooding or natural hazards. 3.4.4 Additional Residential Units shall not be permitted on lands zoned EP. 3.4.5 A building or structure serviced by municipal water and sewage, which contains an Additional Residential Unit, shall be at least 4 m from another building or structure, on the same parcel, if the other building or structure contains a residential unit. 3.4.6 An Additional Residential Unit shall require compliance with the provisions of the Building Code Act and Fire Code. 3.4.7 The proposed Additional Residential Unit shall be accessed using the driveway providing access to the principal residential use. 3.4.8 Each Additional Residential Unit shall require a minimum of 1 parking space. 3.4.9 Additional Residential Units located within an accessory structure shall be limited to the maximum building height and maximum lot coverage specified in Sections 3.3.6 and 3.3.7, respectively. 3.4.10 An existing accessory building may be partially or fully converted to an Additional Residential Unit, except that no window in a habitable room shall face an interior side lot line or a rear lot line unless the existing accessory building conforms to the minimum side lot line setback and rear lot line setback as is required for the principal dwelling. 3.4.11 Additional Residential Units shall be required to connect to municipal sewer and water services. 51 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 GENERAL PROVISIONS _____________________________________________________________________________________________________ 3.4.12 For the purposes of clarity, an Additional Residential Unit shall not be utilized as a short-term rental, as herein defined. 3.4.13 Notwithstanding any other provision to the contrary, the maximum lot coverage for all buildings and structures on a lot on which an additional residential unit is located shall be 45%. 3.5 ADDITIONAL RESIDENTIAL UNITS (ARUs) - PRIVATE SERVICES Notwithstanding any provisions to the contrary, on land where a single detached dwelling, semi-detached dwelling, duplex dwelling, or townhouse dwelling is a principal permitted use, and where the land is within the RU, zoning designation and is not a waterfront lot, one (1) "Additional Residential Units" (ARUs) on private services shall be permitted as an accessory use subject to the following provisions: 3.5.1 The subject property shall comply with the minimum lot area and minimum lot frontage standards for the zone in which it is located. 3.5.2 The subject property shall have frontage on an open public road that is maintained year-round. 3.5.3 Additional Residential Units shall not be permitted on lands subject to flooding or natural hazards. 3.5.4 Additional Residential Units shall not be permitted on lands zoned EP. 3.5.5 A building or structure, which contains an Additional Residential Unit, shall be at least 4 m from another building or structure, on the same parcel, if the other building or structure contains a residential unit. 3.5.6 An Additional Residential Unit shall require compliance with the provisions of the Building Code Act and Fire Code. The proposed Additional Residential Unit shall be accessed using the driveway providing access to the principal residential use. 3.5.7 Each Additional Residential Unit shall require a minimum of 1 parking space. 3.5.8 Additional Residential Units located within an accessory structure shall be limited to the maximum building height and maximum lot coverage specified in Sections 3.3.6 and 3.3.7, respectively. 3.5.9 An existing accessory building may be partially or fully converted to an Additional Residential Unit, except that no window in a habitable room shall face an interior side lot line or a rear lot line unless the existing accessory building conforms to the minimum side lot line setback and rear lot line setback as is required for the principal dwelling. 52 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 GENERAL PROVISIONS _____________________________________________________________________________________________________ 3.5.10 For the purposes of clarity, an Additional Residential Unit shall not be utilized as a short-term rental, as herein defined. 3.5.11 Additional Residential Units on private services are not permitted on lots less than 0.8 hectares in size. 3.5.12 Additional Residential Units shall not be permitted on lots deemed to be waterfront lots or lots which abut an at-capacity or near capacity lake. 3.5.13 Additional Residential Units on private services on properties greater than 0.8 ha and less than 2 ha shall be required to share bot the private well and septic system, subject to confirmation that the existing well and septic systems can support the proposed development. 3.5.14 Additional Residential Units on private services on properties greater 2 ha are permitted to have separate private well and septic system from the principal structure. 3.5.15 Additional Residential Units contained within an accessory structure on a property privately serviced may connect to the well and septic system in use by the existing dwelling, should the systems be capable of supporting the additional development, or to an independent well and septic system, subject to confirmation that the existing well and septic systems can support the proposed development. 3.5.16 Additional Residential Units shall not be permitted in a Mobile Home or Recreational Vehicle. Note: Additional Residential Units on private services may be considered on lot with a lot area of greater than 0.4 ha and less than 0.8 ha subject to approval of the Committee of Adjustment and conformity with the Official Plan Policies related to additional dwelling units on private services. 3.6 AUTOMOTIVE SERVICE STATIONS, GASOLINE BARS AND COMMERCIAL GARAGES Where service stations, gasoline bars and commercial garages are permitted in this By-law, the following provisions shall apply in addition to Zone provisions: 3.6.1 No portion of any pump island shall be located closer than 6 metres from the street line of any street. 3.6.2 The minimum distance from the intersection of two street lines or from straight line projections of such, to the nearest ingress or egress ramp shall be not less than 10.0 metres (i.e. entrance or exit point). 3.6.3 The maximum width of a ramp at the street line shall be not more than 10.0 metres and the minimum width not less than 7.5 metres. 53 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 GENERAL PROVISIONS _____________________________________________________________________________________________________ 3.6.4 The minimum distance between ramps shall be not less than 9.0 metres. 3.6.5 The minimum interior angle of a ramp to a street line shall be 45.0 degrees and the maximum interior angle of a ramp to the street line shall be 90.0 degrees. 3.6.6 The minimum distance between any side lot line of the property at the street line and the nearest ramp shall be 3.0 metres 3.6.7 The area included between ramps, or between ramps and a street line or a property line, as required by this By-law, shall be used for landscaped open space only, to a minimum width of 1.0 metre. 3.7 BACKYARD HENS The keeping of Backyard Hens is permitted within any zone that permits a dwelling as a principal permitted use, subject to the following provisions: 3.7.1 Backyard Hens shall not be permitted within the boundary of the Barry's Bay Village as defined in this By-law. 3.7.2 Backyard Hens shall not be permitted on a lot less than 0.8 hectares (2 acres) in size. 3.7.3 Backyard Hens shall be required to be penned. 3.7.4 Backyard Hen Coops and Backyard Hen Runs shall not be located in the front yard or exterior yard of any lot and shall be located a minimum of 15 metres from all interior side and rear yard lot lines. 3.7.5 A maximum of six (6) Backyard Hens shall be permitted per lot. 3.7.6 Roosters shall not be permitted. 3.8 BED AND BREAKFAST Where listed as a permitted use, a bed and breakfast establishment may be conducted within a detached dwelling provided that: 3.8.1 The number of guest rooms shall not exceed 4. 3.8.2 A minimum of 1 parking space for each guest room shall be required. 3.9 BUILDINGS TO BE MOVED No building or structure shall be moved within the limits of the Municipality or shall be moved from outside the Municipality into the Municipality unless the building or structure is a permitted use and satisfies all of the requirements of the Zone in which it is to be located. 3.10 CROWN LANDS AND COUNTY FORESTS 54 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 GENERAL PROVISIONS _____________________________________________________________________________________________________ Regardless of anything else in this By-law, including the Schedules, Crown Lands and County Forests are not subject to the provisions of this By-law. 3.11 ENCROACHMENTS ON REQUIRED YARDS Every part of any minimum required yard shall be open and unobstructed from the ground to the sky by any structure other than an accessory building permitted elsewhere in this By- law provided, however, that those structures and items listed in the following table shall be permitted to project into the minimum required yards indicated, for the distances specified: 3.12 EXCEPTIONS TO HEIGHT LIMITATIONS The height limitations of this By-law shall not apply to chimneys, church spires, public buildings, water tanks, elevator enclosures, flag poles, television or radio antennae, Structure Yards in Which Encroachment is Permitted Maximum Projection Permitted into Minimum Required Yard (a) Sills, belt courses, eaves, gutters, chimneys, bay windows, solar collectors, heat pumps, ventilators, shutters, cornices, parapets, pilasters or other ornamental structures. All 0.60 metres (b) Fire escapes exterior staircases Side and Rear only 1.5 metres (c) Balconies, steps, unenclosed porches, sundecks, attached solarium, gazebo Front and Rear only 3.0 metres (d) Uncovered paved patios All Unlimited (e) Railway Spur All Unlimited (f) Gate House in any Industrial Zone Front and Side Only Unlimited (g) Fences, Hedges, Shrubs Trees Flagpoles, Light Standards, Garden Trellises, Clothes Poles and similar structure and appurtenances All Unlimited (h) Pedestal Sign Front and Interior Side Unlimited 55 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 GENERAL PROVISIONS _____________________________________________________________________________________________________ electrical transmission facilities, ventilators and skylights. 3.13 GRAVEL PITS, QUARRIES, WAYSIDE PITS AND QUARRIES AND PORTABLE ASPHALT PLANTS A gravel pit or quarry, with the exception of a wayside pit or quarry, shall be prohibited in all Zones, except in an Extractive Industrial (EM) Zone. Wayside pits or quarries and portable asphalt plants shall be permitted in all Zones except in a Residential Zone or an Environmental Protection Zone. Portable asphalt plants must comply with the separation distances by any applicable regulations of the relevant Ministries and a Certificate of Approval shall be obtained. 3.14 GROUP HOMES 3.14.1 Type "A" Group Homes shall be a permitted use in all zones in which a single detached dwelling is permitted as a principal use, except in the Limited Services Residential (LSR) and Shoreline Residential (SR) Zone, in accordance with the following provisions. 3.14.2 Type "A" Group Homes may be permitted in single detached dwellings and in both units of semi-detached and duplex dwellings, provided that both units are occupied by one group home operation and that the total number of residents (excluding staff or receiving family) in both units does not exceed ten. 3.14.3 A Group Home shall not be permitted in accessory single detached dwelling houses or in accessory residential units. 3.14.4 Type "B" Group Homes shall be permitted subject to a site-specific Zoning By-law amendment. 3.15 HOME INDUSTRY A home industry shall only be permitted in the Rural (RU) Zone provided the following provisions are complied with: 3.15.1 No more than two persons, other than a person(s) residing on the premises, shall be employed in the home industry. 3.15.2 There shall be no external display or advertising other than a non-illuminated sign not more than 0.5 square metres in area. 3.15.3 Such home industry shall not be a hazardous or obnoxious trade, and shall not create or become a public nuisance. 3.15.4 Such home industry is clearly secondary to the main use and does not change the residential character of any dwelling, or the agricultural character of any farm unit. 56 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 GENERAL PROVISIONS _____________________________________________________________________________________________________ 3.15.5 The parking requirements of this By-law shall apply to any home industry use. 3.15.6 No goods, wares or merchandise shall be offered or exposed for sale or rent on the premises unless such goods, wares and merchandise are either: 3.15.7 There shall be no external display or advertising other than a non-illuminated sign not more than 0.5 square metres in area. 3.15.8 Such home industry shall not be a hazardous or obnoxious trade, and shall not create or become a public nuisance. 3.15.9 Such home industry is clearly secondary to the main use and does not change the residential character of any dwelling, or the agricultural character of any farm unit. 3.15.10 The parking requirements of this By-law shall apply to any home industry use. 3.15.11 No goods, wares or merchandise shall be offered or exposed for sale or rent on the premises unless such goods, wares and merchandise are either: 3.15.11.1 incidental to the home industry; or 3.15.11.2 arts and crafts produced on the premises; or 3.15.11.3 farm produce resulting from the main use. 3.15.12 Not more than 10.0 percent of the gross floor area of the dwelling unit shall be dedicated to the home industry. 3.15.13 Accessory buildings may be erected, altered or used for the purpose of a home industry provided that not more than fifty (50) square metres of the gross floor area of all accessory buildings shall be used for the purpose of a home industry. 3.16 HOME OCCUPATIONS A home occupation shall be permitted in any Zone provided such home occupation conforms to the following provisions: 3.16.1 The use shall be conducted entirely within the dwelling unit and carried on by person(s) residing in the dwelling unit. One employee, other than a resident of the premises, will be permitted to be employed. 3.16.2 There shall be no external display or advertising other than a non-illuminated sign not more than .3 of a square metre in area, to indicate to persons outside that any part of the dwelling unit or lot is being used for a purpose other than residential. 3.16.3 Not more than 25% of the dwelling unit area shall be used for the purpose of home occupation uses. 57 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 GENERAL PROVISIONS _____________________________________________________________________________________________________ 3.16.4 Such home occupation shall be clearly secondary to the main residential use and there shall be no change to the outside appearance of the dwelling unit or premises or any visible evidence of the conduct of a home occupation. 3.16.5 There shall be no storage of equipment, vehicles, or supplies associated with the home occupation outside the dwelling or existing outbuildings. 3.16.6 The use shall not require more than two (2) off-street parking spaces for clients or customers of the home occupation in addition to the parking requirements for residential use on the property. 3.16.7 The use shall not generate additional pedestrian or vehicular traffic beyond that normal to the neighbourhood in which it is located. 3.16.8 No equipment or process shall be used in a home occupation which creates excessive noise, vibration, glare, fumes, or odour detrimental to the health, safety, and general welfare of persons residing in the neighbourhood. 3.16.9 Where instruction is carried on, no more than six (6) pupils are in attendance at any one time. 3.17 HUNTING & FISHING CAMPS A Hunting & Fishing Camp, as herein defined, shall be permitted in the Rural (RU) Zone subject to the following provisions: a) Minimum lot area 10 hectares b) Maximum floor area 80 square metres c) Maximum building height 5 metres d) Minimum setback from a front, Rear, or side lot line: 30 metres e) A hunting and fishing camp shall only be permitted where a building permit for a dwelling unit is not available. f) A hunting and fishing camp shall only be permitted on lands accessed by an unopened road allowances or private right-of-way. 3.18 KENNELS 3.18.1 A Commercial Kennel, as herein defined, shall be set back a minimum of 150 m from the boundary of neighbouring properties, and shall be considered a commercial use subject to Site Plan Control. 58 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 GENERAL PROVISIONS _____________________________________________________________________________________________________ 3.18.2 A Hobby Kennel, as herein defined, shall be set back a minimum of 50 m from all adjacent lot lines. 3.19 LOTS TO FRONT ON STREETS 3.19.1 No person shall erect or use any building or structure on a lot in any zone unless the lot fronts on and has direct access to an improved street being a Provincial Highway, County Road, or Township Road. Vacant lots which directly abut the abandoned former CN railway line shall not be issued building permits because the abandoned rail line is not an improved street. 3.19.2 Exceptions 3.19.2.1 Limited Service Residential Notwithstanding the provisions of paragraph 3.19.1 of this subsection, a limited service dwelling may be erected or used on a lot in a Limited Service Residential (LSR) Zone provided such lot fronts along a private road which the subject lot and use are legally entitled to use for access. 3.19.2.2 Seasonal Residential Notwithstanding the provisions of paragraph 3.19.1 of this subsection, a seasonal dwelling may be erected or used on a lot in a Seasonal Residential (SR) Zone provided such lot fronts on a seasonally maintained Township Road or is accessed by that section of Basin Depot Road which is seasonally maintained by the Crown. 3.19.2.3 Resource Land Uses Notwithstanding the provisions of paragraph 3.19.1 of this subsection, a building or structure accessory to a permitted forestry, farm or mineral exploration use may be erected or used on a lot that has frontage on a seasonally maintained street; this provision shall not be construed so as to permit any type of dwelling. 3.19.2.4 Registered Plan of Subdivision or Condominium Subsections 3.19.1 and 3.19.2 shall not apply to a lot on a registered plan of subdivision or a Plan of Condominium where an agreement between the owner and the Corporation, which includes provisions for the construction of the streets in the subdivision, is registered in the Registry or Land Titles Office. 3.20 MADAWASKA RIVER FLOODPLAIN For the area of the Madawaska River Floodplain not covered by Section 3.21 below the 59 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 GENERAL PROVISIONS _____________________________________________________________________________________________________ following provisions shall apply: 3.20.1 Consistent with Section 2.2(9)(e) Flood Plains - No FDRP (Flood Damage Reduction Program) Mapping Available of the Official Plan of the County of Renfrew, the one-zone approach will be applied, where development (including development on islands) is prohibited in the flood plain. 3.20.2 For existing lots of record, an elevation survey/plan prepared by a professional engineer registered to practice in Ontario, demonstrating the 1:100 year flood elevation is required prior to the issuance of building permits to ensure that the requirements of this section of the by-law are satisfied. 3.20.3 For new lots created through the consent process, an elevation survey/plan prepared by a professional engineer registered to practice in Ontario, demonstrating the 1:100 year flood elevation is required. 3.20.4 For both 3.20.2 and 3.20.3) above, the engineer will prepare a signed, sealed and dated Flood Hazard Report in accordance with the Natural Hazard Technical Guidelines, and a signed, sealed and dated survey plan showing the extent of the flood hazard in relation to the development proposal. 3.21 MADAWASKA RIVER FLOODPLAIN - KAMANISKEG LAKE SECTION - ONE ZONE AND MADAWASKA RIVER/NEGEEK LAKE SECTION - TWO ZONE The Madawaska River Floodplain comprises two sections as identified on Schedule A (Map 3); the Kamaniskeg Lake Section and the Madawaska River/Negeek Lake Section. The elevations below are referred to in Canadian Geodetic Survey (GCS) datum. The elevations shall be the existing ground contour elevations. For the purposes of this section, existing ground contour elevations means the ground contour elevations on the date of the coming into final force and effect of the By-law 2007-63, which was on April 7, 2010. Notwithstanding any other provisions of this By-law to the contrary, the following provisions shall apply to all lands located within the Madawaska River Floodplain. 3.21.1 Kamaniskeg Lake Section (One Zone Floodplain - elevation 284.75 metres/934.22 feet) (a) For the Kamaniskeg Lake Section of the Madawaska River as described in paragraph (b), the Regulatory Flood elevation shall be 284.75 metres (934.22 feet). (b) The Kamaniskeg Lake Section applies to properties located in the geographic Township of Radcliffe at 870 Ohio Road and westward to the Township boundary. (c) No fill shall be permitted below the existing ground contour elevation of 284.75 60 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 GENERAL PROVISIONS _____________________________________________________________________________________________________ metres (934.22 feet), except for the replacement of an existing private sewage disposal system. The location of the elevation of 284.75 metres (934.22 feet) shall be determined and marked on the ground of properties to be developed. The applicant shall submit an elevation survey and plot plan prepared by an Ontario Land Surveyor or qualified engineer with an application for a replacement private sewage disposal system in order to confirm that the bottom of the distribution pipes in the replacement private sewage disposal system is at or above the elevation of 284.25 metres (932.58 feet). (d) Except as noted in subsections (e) and (f) below, and with the exception of a boat docking or launching facility, no buildings or structures shall be permitted below the 1 in 100 year regulatory flood level of 284.75 metres (934.22 feet). (e) The construction of unenclosed porches, steps and decks, and the construction or enlargement of gazebos shall be permitted without floodproofing on lands located below the elevation of 284.75 metres (934.22 feet). (f) An existing dwelling or building located below the elevation of 284.75 metres (934.22 feet) may be enlarged up to 20% of the existing building footprint to a maximum of 28 square metres (301.4 square feet), provided the addition is floodproofed in accordance with the following provisions: (i) All building openings shall be at or above the elevation of 284.75 metres (934.22 feet). (ii) Basements and crawl spaces for any additions shall not be permitted below the elevation of 284.75 metres (934.22 feet). Foundation footings shall be designed by a structural engineer with reinforced concrete and be waterproofed. (iii) All electrical, heating, ventilation, air conditioning and water supply systems (pumps and pressure tanks) shall be above the elevation of 284.75 metres (934.22 feet); water wells shall be sealed at or below the elevation of 284.75 metres (934.22 feet). Existing buildings and structures located below the elevation of 284.75 metres (934.22 feet) may be maintained or strengthened to a safe condition. For the purposes of this subsection, an existing dwelling or building means a dwelling or building that existed as of the date of the coming into final force and effect of By-law 2007-63, which was on April 7, 2010. A private sewage disposal system shall be permitted to be enlarged in accordance with the requirements of the current Ontario Building Code. 61 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 GENERAL PROVISIONS _____________________________________________________________________________________________________ (g) The applicant shall submit an elevation survey and plot plan prepared by an Ontario Land Surveyor or qualified engineer with an application for a building permit in order to confirm that development is to proceed in accordance with the requirements of this section. (h) Access for all new buildings shall be designed to allow for safe vehicular and pedestrian movement during flooding. (i) Driveways and parking areas shall be at or above the elevation of 284.4 metres (933.2 feet); the side slopes of the fill shall be at the ratio 1.5 to 1 or less steep, and stabilized with vegetation to reduce erosion. 3.21.2 Madawaska River/Negeek Lake Section (Two Zone Floodplain - elevations 283.75 metres/930.94 feet and 284.75/934.22 feet) (a) For the Madawaska River/Negeek Lake Section of the Madawaska River as shown on Schedule A (Map 3), the Floodway Boundary elevation shall be at existing ground elevation 283.75 metres (930.94 feet) and the Regulatory Flood elevation shall be 284.75 metres (934.22 feet). (b) In addition to meeting the provisions of this subsection, any new building or structure, or additions, proposed on lands affected by the Ontario Power Generation (OPG) registered flood easement shall be circulated to OPG. (c) Except as noted in subsections (e) and (f), and with the exception of a boat docking or launching facility, no buildings or structures, shall be permitted below the floodway boundary elevation of 283.75 metres (930.94 feet). (d) Except as noted in subsections (e) and (f), buildings and structures on lands located above the floodway boundary elevation of 283.75 metres (930.94 feet) but below the elevation of 284.75 metres (934.22 feet) are permitted but shall be floodproofed to the 1 in 100 year regulatory flood level of 284.75 metres (934.22 feet). (e) The construction of unenclosed porches, steps and decks, and the construction or enlargement of gazebos shall be permitted without floodproofing on lands below the elevation of 284.75 metres (934.22 feet). (f) Existing buildings and structures located below the elevation of 284.75 metres (934.22 feet) may be maintained or strengthened to a safe condition. (g) The applicant shall submit an elevation survey and plot plan prepared by an Ontario Land Surveyor or qualified engineer with an application for a building permit in order to confirm that development is to proceed in accordance with the requirements of this section. The location of the existing floodway boundary contour line at the elevation of 283.75 metres (930.94 feet) shall 62 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 GENERAL PROVISIONS _____________________________________________________________________________________________________ be determined and marked on the ground of properties to be developed and on the plot plan by an Ontario Land Surveyor or qualified engineer and shall be reconfirmed after construction of the foundation by an Ontario Land Surveyor or qualified engineer. (h) All building openings shall be at or above the elevation of 284.75 metres (934.22 feet). (i) Basements and crawl spaces shall not be permitted below the floodway boundary elevation of 283.75 metres (930.94 feet). Basements and crawl spaces proposed between the elevations of 283.75 metres (930.94 feet) and 284.75 metres (934.22 feet) shall be designed by a structural engineer with reinforced concrete construction of walls and floor and be floodproofed. (j) All electrical, heating, ventilation, air conditioning and water supply systems (pumps and pressure tanks) shall be above the elevation of 284.75 metres (934.22 feet); water wells shall be sealed at or below the elevation of 284.75 meters (934.22 feet). (k) No fill shall be permitted below the floodway boundary elevation of 283.75 metres (930.94 feet) except for the replacement of an existing private sewage disposal system. For the sewage disposal system, a raised bed shall be required with the distribution pipes at or above the elevation of 284.25 metres (932.58 feet). The applicant shall submit an elevation survey and plot plan prepared by an Ontario Land Surveyor or qualified engineer with an application for a septic permit in order to confirm that development is to proceed in accordance with the requirements of this section. (l) Access for all new buildings shall be designed to allow for safe vehicular and pedestrian movement during flooding. (m) Driveways and parking areas shall be at or above the elevation of 284.45 metres (933.23 feet); the side slopes of the fill shall be at the ratio 1.5 to 1 less steep, and stabilized with vegetation to reduce erosion. 3.22 MOBILE HOMES A mobile home shall only be permitted in the Rural (RU) Zone provided all of the following provisions are complied with: (a) A mobile home shall only be permitted on an individual lot; (b) Only one (1) mobile home shall be permitted per individual lot; (c) A mobile home shall only be permitted on a lot with frontage on an improved street under the jurisdiction of the Municipality. 63 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 GENERAL PROVISIONS _____________________________________________________________________________________________________ 3.23 NON-CONFORMING USES 3.23.1 Accessory Buildings Nothing in this By-law shall prevent the erection of a building or structure accessory to an existing legal non-conforming use provided that such accessory building or structure complies with all other relevant provisions of this By-law. 3.23.2 Continuation of Existing Uses Nothing in this By-law shall prevent the use of any land, building or structure for any purpose prohibited by the By-law if such land, building or structure was lawfully used for such purpose on the day of passing of the By-law, so long as it continues to be used for that purpose. 3.23.3 Repair of Existing Buildings If a non-conforming building or structure should be damaged by fire, flood, wind, earthquake or other natural occurrence beyond the owner's control, nothing in this By-law shall prevent such a building from being restored and strengthened to a safe condition, provided the height, size or volume is not increased and provided that reconstruction or restoration is commenced within twelve months and completed within twenty-four months of the date on which the damage took place. 3.23.4 Enlargements to Existing Undersized Lots Nothing in this By-law shall prevent an undersized lot that was held in separate ownership from adjoining parcels on the date of passage of this By-law or that was created by expropriation subsequent to the passage of this By-law from being enlarged even if the enlargement does not result in a lot that meets the minimum frontage and/or area required by this By-law, provided that all other applicable provisions of this By-law are complied with. 3.23.5 Existing Buildings with Inadequate Lot or Yard Size Where a building has been erected prior to the date of passing of this By-law and where such building has less than the minimum required lot area, lot frontage, side yard, front yard or rear yard, said building may be enlarged, reconstructed, repaired or renovated provided that: (a) such enlargement, reconstruction, repair or renovation does not further contravene any provisions of this By-law; (b) where the development is on private services the enlargement, reconstruction, repair or renovation satisfies the requirements of the applicable approval authority for the subject private services; and 64 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 GENERAL PROVISIONS _____________________________________________________________________________________________________ (c) all other applicable provisions of this By-law are complied with. 3.23.6 Less than Required Floor Area Nothing in this By-law shall prevent an extension or addition being made to a permitted dwelling which existed at the time of passing of this By-law but which has a floor area or dwelling unit area less than that required by this By-law, provided such extension or addition does not contravene any other provisions of this By-law. 3.23.7 Undersized Vacant Lots Where a lot with less than the minimum frontage or lot area required by this By-law was held in separate ownership from adjoining parcels on the date of passage of this By-law, or where a lot was created by expropriation subsequent to the date of passage, such undersized vacant lot may be used for a purpose permitted in the Zone in which the said lot is located, provided that: (a) all other applicable provisions of this By-law are complied with; (b) written approvals for the water supply and sewage disposal systems are obtained from the applicable approval authority for the proposed services; and This provision shall not apply to a home industry, a forestry use, a farm or a logging hauler in the RU zone. 3.23.8 Prior Building Permits Nothing in this By-law shall prohibit the erection of a building or structure for which a building permit has been issued prior to the date of passing of the By-law provided that the building permit has not been revoked under the Building Code Act. 3.24 NOXIOUS USES No use shall be permitted which, from its nature or the materials used therein, is declared to be a noxious trade, business or manufacture under the Health Protection and Promotion Act and Regulations thereunder, and the Environmental Protection Act and Regulations thereunder. Noxious uses do not include normal farm operations using commercial fertilizers and manure, the spraying of crops with herbicides, insecticides, and pesticides, or the use of heavy machinery for farm purposes. 3.25 OCCUPANCY OF INCOMPLETE BUILDINGS No dwelling shall be occupied before the kitchen, heating and sanitary conveniences have been installed and rendered usable, and before the exterior has been weatherproofed. 65 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 GENERAL PROVISIONS _____________________________________________________________________________________________________ 3.26 OCCUPANCY OF VEHICLES No truck, bus, coach, vehicle, recreational vehicle or trailer shall be used as a primary residence for permanent human habitation within the Municipality whether or not the same is mounted on wheels. 3.26.1 A recreational vehicle or trailer is permitted on a vacant waterfront lot subject to the following provisions: i) it is permitted for a period of 3 years. ii) a sewage system must be approved by the Municipality's Sewage System Authority. iii) a minimum water setback of 30 metres shall be required. iv) a recreational vehicle or trailer shall not be used for profit or gain, including but not limited to, a short term rental as defined herein. Existing trailers are exempt from these provisions. Documentation may be required to provide evidence of when the trailer was located on the property. 3.26.2 A recreational vehicle or trailer is permitted on a vacant non-waterfront lot in the Rural (RU) Zone subject to the following provision: i) a sewage system must be approved by the Municipality's Sewage System Authority. 3.27 OCCUPANCY RESTRICTIONS 3.27.1 None of the following shall be used as a dwelling or for the purposes of human habitation: i) Any tent, truck, bus, coach, railway, or streetcar body; ii) Any marine facility or building or structure accessory to a residential use, other than a sleeping cabin, unless permitted elsewhere in this By-law; iii) Any recreational vehicle, travel trailer or tent trailer, except in a tourist establishment or as a temporary construction use in accordance with Section 3.36 of this By-law; iv) Any dwelling unit the entirety of which is located in a cellar. v) For clarification, the occasional use of a tent in the backyard is not deemed to be "human occupation". 66 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 GENERAL PROVISIONS _____________________________________________________________________________________________________ 3.28 OPEN STORAGE Open storage shall be permitted in any Zone except the Environmental Protection (EP) Zone in accordance with the following provisions: 3.28.1 Open storage shall be accessory to a permitted or existing non-residential use on the same lot. 3.28.2 No open storage shall be permitted in any required minimum front yard or required exterior side yard, except in the case of an agricultural use, nor within any required minimum side or rear yard where the side or rear lot lines abut a property used for residential purposes or a property in the Community Facility (CF) Zone. 3.28.3 Wherever it is necessary, visual screening such as plant materials, a buffer strip, a berm, fencing or other opaque barrier to a minimum height of 1.5 metres shall be used. Exceptions to this provision are for open storage accessory to an agricultural use or for outdoor display used in conjunction with a permitted commercial use. 3.28.4 A strip of landscaped open space with a minimum width of 3 metres shall be maintained around all open storage areas. 3.28.5 Any open storage area shall be surfaced and maintained with stable materials to prevent the raising of dust and particles and shall be properly drained. However, this provision shall not apply where the main use is an agricultural use. 3.28.6 No parking spaces or loading spaces required by this By-law shall be used for open storage purposes. 3.29 OUTDOOR FURNACES Outdoor furnaces are permitted in all Zones other than the Residential One (R1), Residential Two (R2), Limited Service Residential (LSR), Seasonal Residential (SR) and Commercial (C) Zones. Where outdoor furnaces are permitted, they shall be located a minimum of 50 metres from a lot line and 100 metres from an existing dwelling on a separate lot. Where an outdoor furnace is located more than 50 metres but less than 200 metres from a lot line, the smoke stack of the outdoor furnace shall be higher than the highest building it serves. 3.30 PARKING AND LOADING SPACE REQUIREMENTS 3.30.1 PARKING REQUIREMENTS (a) Number of Spaces In any Zone the owner of every building hereafter erected, enlarged or changed in use after the passing of this By-law shall provide and maintain off-street parking space in accordance with the following: Type of Use Minimum Parking Required 67 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 GENERAL PROVISIONS _____________________________________________________________________________________________________ i) Additional Residential Unit 1 parking space per dwelling unit ii) Single Detached Dwelling, Semi-Detached Dwelling, Duplex Dwelling and Two Unit Dwelling 2 parking spaces per dwelling unit iii) Triplex Dwelling, Three Unit Dwelling, Four Unit Dwelling, Apartment Dwelling and Multiple Attached Dwelling 1.5 parking spaces per dwelling unit iv) Group Home 1 parking space per each 3 persons licensed or approved capacity v) Boarding House 1 parking space plus 1 parking space per every 3 beds vi) Bank or Trust Company 1 parking space per 28 square metres gross leasable area vii) Bed and Breakfast 1 parking space per dwelling unit and 1 parking space for each room rented viii) Tavern, Public House 1 parking space per 4 persons design capacity ix) Church, Assembly Hall The greater of 1 parking space per 10 square metres of gross floor area or per every 4 fixed seats or per every 2.5 metres of bench space x) Place of Entertainment/ 1 parking space per every 6 persons recreation facility of maximum design capacity including arena, auditorium, recreation centre, theatre, tennis club, stadium, racquet club, cinema, fitness club, fairgrounds xi) Hospital, Nursing Home 1 parking space per 2 beds Long-term Care Home, Senior Citizens Home 68 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 GENERAL PROVISIONS _____________________________________________________________________________________________________ xii) Hotel 1 parking space per guest room plus 1 parking space per 10 square metres of public use area xiii) Industrial Establishment 1 parking space per 100 square metres of gross floor area xiv) Clinic 1 parking space per 25 square metres of gross floor area xv) Motel 1 parking space per guest room xvi) Office (Business/Professional) 1 parking space per 33 square metres of gross leasable area xvii) Eating Establishment 1 parking space per 10 square metres of gross leasable floor area xviii) Eating Establishment, Take Out 2 parking spaces plus 1 parking space per 15 square metres of gross leasable area (In the case of a mobile food vehicle, 2 parking spaces) xix) Retail, General including 1 parking space per 50 square metres Convenience Store and of floor area Personal Service Shop xx) School Elementary - 3 parking spaces plus 1.5 parking spaces per classroom Secondary - 6 parking spaces plus 3 parking spaces per classroom xxi) Shopping Centre 1 parking space per 25 square metres of gross leasable area xxii) Shopping Plaza 1 parking space per 25 square metres of gross leasable area xxiii) Other Non-Residential Uses 1 parking space per 30 square metres of gross floor area b) Calculation of Spaces If the calculation of the required parking spaces results in a fraction, the required parking spaces shall be the next higher whole number. c) Location of Parking Areas 69 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 GENERAL PROVISIONS _____________________________________________________________________________________________________ In all zones, the required parking shall be located on the same lot therewith except in the Commercial (C) Zone, the parking area may also be located within 300 metres of the location of the use it is intended to serve and shall be secured and retained for parking purposes for the duration of the use. This may include public parking. Where required parking is not provided on the same lot, the lot or part of the lot where the parking is located shall be required to be dedicated parking under a long-term lease in favour of the property which requires the parking spaces and areas. d) Yard Where Permitted Notwithstanding the yard and setback provisions of this By-law to the contrary, uncovered surface parking areas shall be permitted in the required yards or in the area between the street line and the required setback in accordance with the following: Zones Required Yards in which Required Parking Area Permitted i) Residential Zones All yards provided that no part of any parking area, other than a driveway, is located closer than 1.0 metre to any street line and provided further that a parking area for a Residential use containing three or more dwelling units is located in the rear yard only. ii) General Industrial Interior side and rear yards only except for visitor parking provided that no part of any parking area, other than a driveway, is located closer than 1.0 metre to any streetline and further provided that where the Industrial zone abuts a Residential Zone, the parking area shall be set back 3.0 metres from the lot line. iii) Disposal Industrial, Extractive Industrial No yards except for the driveway portion of a parking area. iv) Other Zones All yards provided that no part of any parking area, other than a driveway, is located closer than 1.0 metre to any streetline. Where the subject zone abuts a Residential zone, the parking area shall be set back 3.0 metres from the lot line. e) Surface and Drainage (i) The parking area and approaches shall be surfaced with concrete, asphalt, crushed stone, gravel or a combination thereof with a stable surface. 70 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 GENERAL PROVISIONS _____________________________________________________________________________________________________ (ii) Where more than 4.0 parking spaces are required, the surface treatment shall prevent the raising of dust or loose particles. (iii) Provision for drainage facilities shall be made in compliance with the requirements of the Municipality. f) Access to Parking Spaces and Parking Areas (i) Every parking space shall be provided with unobstructed access to a street by a driveway aisle or lane, except where such spaces are provided for the use of occupants of a single detached or semi-detached dwelling. (ii) Access to parking areas for commercial or industrial uses shall not pass through a Residential Zone. g) Dimensions of Parking Spaces Every required parking space shall have minimum rectangular dimensions of 2.7 metres by 5.5 metres. h) Accessible Parking Space Requirements (i) Accessible parking spaces shall have minimum dimensions of 3.7 m by 6 m and shall have unobstructed access. (ii) Accessible parking spaces shall meet any applicable requirements of Ontario Building Code (OBC). (iii) The minimum number of accessible parking spaces shall be in accordance with the following table: (iv) Accessible Parking Requirements Number of Parking Spaces Accessible Spaces Required 12 spaces or less 1 12-25 2 25-50 3 50-75 4 75-100 5 (i) Waiting Lane / Queuing Lane 71 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 GENERAL PROVISIONS _____________________________________________________________________________________________________ A waiting lane for eating establishments shall be provided which lane is capable of accommodating 7 vehicles before the order board and 4 vehicles between order and pickup windows. The individual waiting space for each vehicle shall be an area of not less than 14.85 square metres, measuring 2.7 metres by 5.5 metres. 3.30.2 LOADING REQUIREMENTS (a) Uses Where Applicable No person shall, in any Zone, erect or use any permitted building or structure for manufacturing, storage, warehouse, department store, retail store, wholesale store, market, freight or passenger terminal, hotel, hospital, mortuary, or other permitted uses similarly involving the frequent shipping, loading or unloading of persons, animals or goods, unless there is maintained on the same premises with every such structure or use, off-street space for standing, loading and unloading. (b) Dimensions of Loading Spaces Every required loading space shall have minimum rectangular dimensions of 3.5 metres by 9.0 metres with a minimum height clearance of 4.0 metres. (c) Minimum Number of Loading Spaces This requirement does not apply to buildings and structures having less than 300 square metres of total floor area. For all other buildings, there shall be one loading space for every 1500 square metres of floor area or part thereof, above the 300 square metre threshold. (d) Location The loading space required shall be located in the interior side yard or rear yard unless set back a minimum distance of 16 metres from the street line. (e) Surfacing The loading space and approaches shall be surfaced with concrete, asphalt, crushed stone or gravel. 3.31 PEDESTAL SIGNS Pedestal Signs are permitted in the Commercial (C) and Highway Commercial (HC) Zones only and are subject to the encroachment provisions of Section 3.11 of this By-law. 3.32 PUBLIC SERVICES The provisions of this By-law shall not apply to the use of any land or to the erection or use of any building or structure for the purpose of a public service by the Municipality or any 72 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 GENERAL PROVISIONS _____________________________________________________________________________________________________ local board thereof defined by the Municipal Affairs Act, by any telephone, gas, electrical generating or distribution company, communications company, or by any department or agent of the Government of Ontario or Canada, provided that: (a) With the exception of a public utility, the lot coverage, parking and loading, setback and yard requirements prescribed for the Zone in which such land, building or structure is located shall be complied with; and (b) No goods, material, or equipment shall be stored in the open in a Residential Zone; and (c) Any building erected in a Residential Zone or in a Zone which permits residential uses under the authority of this paragraph shall be designed and maintained in general harmony with residential buildings of the type permitted in the Zone 3.33 SENSITIVE, AT-CAPACITY LAKES (a) At Capacity Lakes Notwithstanding any other provisions of this By-law to the contrary, the following provisions shall apply to all lands bordering and adjacent to Kamaniskeg Lake (North Basin) and Wadsworth Lake as shown on Schedule "A": i) Development on existing lots shall be limited to one single detached dwelling. ii) A minimum water setback of 30 metres shall be required for all buildings, structures and excavations. iii) Notwithstanding the above, where an existing lot has less than 46 metres in depth, then the minimum water setback shall be 20 metres. iv) No buildings or structures, nor the placing or removal of fill of any kind, whether it originates on the site or elsewhere, shall be permitted in the water setback, except where such buildings, structures or fill are intended for flood or erosion control. (ii) Notwithstanding the above, docks or launching facilities shall be exempt from the water setback. Boat houses shall be required to meet the minimum water setback. (b) Near Capacity Lakes Notwithstanding any other provisions of this By-law to the contrary, the following provisions shall apply to all lands bordering and adjacent to Bark Lake, Carson Lake, Diamond Lake, Paugh Lake and Trout (Stubbs) Lake as shown on Schedule "A": (i) Development on existing lots shall be limited to one single detached dwelling. (ii) A minimum water setback of 30 metres shall be required for all buildings, structures and excavations. (iii) Notwithstanding the above, where an existing lot has less than 46 metres in depth, then the minimum water setback shall be 20 metres. 73 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 GENERAL PROVISIONS _____________________________________________________________________________________________________ (iv) No buildings or structures, nor the placing or removal of fill of any kind, whether it originates on the site or elsewhere, shall be permitted within the water setback, except where such buildings, structures or fill are intended for flood or erosion control. (v) Notwithstanding the above, docks or launching facilities shall be exempt from the water setback. A boat house shall be required to meet the water setback. (c) Near Capacity Lakes Notwithstanding any other provisions of this By-law to the contrary, the following provisions shall apply to all lands bordering and adjacent to Bark Lake, Carson Lake, Diamond Lake, Paugh Lake and Trout (Stubbs) Lake as shown on Schedule "A": (i) No more than one single detached dwelling shall be permitted on an individual lot. (ii) A minimum water setback of 30 metres shall be provided for all buildings, structures and excavations. An exception, where an existing lot has less than 46 metres in depth, then the minimum water setback shall be 20 metres. (iii) No buildings or structures, nor the placing or removal of fill of any kind, whether it originates on the site or elsewhere, shall be permitted in the area of the water setback, except where such buildings, structures or fill are intended for flood or erosion control. (iv) Boat docks or boat launching facilities shall not be required to meet the provisions of this subsection. A boat house shall be required to meet the minimum water setback. (v) Notwithstanding the above, docks or launching facilities shall be exempt from the water setback. A boat house shall be required to meet the water setback. 3.34 SENSITIVE LAND USE Notwithstanding any other provisions of this By-law, any new sensitive land use shall be located minimum distances from certain zones or land uses on other lots as follows: (a) Dwellings (i) No dwelling, senior citizens home, nursing home, school, hospital or other institutional use shall be erected within the minimum distance from a livestock facility required by the Minimum Distance Separation I (MDS I) formulae. Existing lots of record are exempt from this provision. 74 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 GENERAL PROVISIONS _____________________________________________________________________________________________________ (ii) No dwelling shall be erected within 60 metres of any Industrial Zone or Industrial-Holding Zone, except as further provided below in subsection iii) for Extractive Industrial (EM) and Extractive Industrial Reserve (EMR) Zones and existing lots of record. (iii) No dwelling, senior citizens home, nursing home, school or hospital shall be erected within 300 metres of any Extractive Industrial (EM) or Extractive Industrial Reserve (EMR) Zone. Existing lots of record are exempt from this provision. (iv) No dwelling, senior citizen home, nursing home, school or hospital shall be erected within 500 metres of a quarry. (v) No dwelling shall be erected within 200 metres of a hauled sewage disposal site, unless it is the owner's dwelling in which case the required separation distance shall be 60 metres. (vi) No dwelling shall be erected within 60 metres of any animal hospital or kennel if such hospital or kennel has more than four outdoor runs or more than 30 square metres of total area of outdoor facilities for animals. (vii) No dwelling shall be erected within 500 metres of either an active or inactive waste disposal site. (b) Gravel Pits, Quarries and Associated Extractive and Manufacturing Plants and Facilities (i) No concrete or asphalt manufacturing plant or extractive industrial facility shall be located within 50 metres of any high water mark. (ii) No concrete or asphalt manufacturing plant shall be located within 300 metres of a dwelling, a school, an institution with a residential component or land restricted to residential use in a by-law passed under Section 34 of the Planning Act. Notwithstanding the foregoing, where an operator possesses a valid Certificate of Approval for a particular asphalt plant, the required separation distance shall be as established by that Certificate. (iii) No gravel pit shall be located within 300 metres of an existing dwelling. (iv) No quarry shall be located within 500 metres of an existing dwelling. (c) Livestock Facilities and Manure Storage Areas No livestock facilities or manure storage areas shall be located within the minimum distance from residential uses, schools, hospitals and other institutional uses required by the Minimum Distance Separation II (MDS II) formulae. 75 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 GENERAL PROVISIONS _____________________________________________________________________________________________________ (d) Animal Hospital, Kennel No animal hospital or kennel shall locate within 60 metres of any residential building on another lot. (e) Hauled Sewage Disposal Site No disposal of hauled sewage shall be permitted unless the disposal site has been approved by the Ontario Ministry of the Environment and no disposal site shall be located within: (i) 200 metres of any dwelling on another lot; (ii) 750 metres of any subdivision or land zoned for residential development; (iii) 150 metres of any uncased well; (iv) 75 metres of any well with a casing depth of 6.0 metres or less; (v) 180 metres of any surface water; (vi) 60 metres of the right-of-way of any road; (vii) 60 metres of any land used for livestock pasturing. (f) Waste Disposal Site No waste disposal site shall be located within 500 metres of a residential dwelling or structure. 3.35 SETBACKS No person shall erect any building or structure in any Zone unless such building or structure conforms to the following setback requirements: (a) Provincial Highway Any development which is to occur adjacent to a Provincial highway shall be carried out in accordance with the setback requirements, access and building permit controls of the Ministry of Transportation. Any proposed access to the highway will be subject to the prior approval of the Ministry of Transportation. (b) County Road Any development which is to occur adjacent to a County Road shall be carried out in accordance with the setback requirements, access and building permit controls of the County of Renfrew Public Works and Engineering Department. Any proposed access to the road will be subject to the prior approval of the County of 76 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 GENERAL PROVISIONS _____________________________________________________________________________________________________ Renfrew. (c) Other Road The setback requirement shall be 10 metres from the road centreline plus the minimum front yard depth required for such use in the Zone where it is located. Any proposed access to the road will be subject to the prior approval of the Township of Madawaska Valley. (d) Water Setback These provisions do not apply to at capacity and near capacity lakes. Please refer to the At Capacity Lake provisions in Section 3.33 of this By-law. A minimum water setback of 30 metres for all buildings and structures, including private sewage disposal systems, from the high water mark shall be provided for lakes and rivers. For all other watercourses, a minimum water setback of 15 metres from the high water mark shall be provided. Accessory boat docking, boat launching facilities and boat houses shall not be required to meet the water setback. For an existing lot of record which has less than 46 metres of lot depth, the minimum water setback shall be 20 metres. For the purposes of this subsection, lot depth is the average distance between the front and rear lot lines. For an existing lot of record situated between two existing dwellings separated by not more than 100 metres, the minimum water setback may be reduced to the building line established by the two existing dwellings, provided that it shall not be less than 15 metres from the high water mark. Additions or enlargements are permitted to existing buildings and structures but shall not encroach closer than the water setback of those existing buildings and structures existing as of the date of passing of this By-law. (e) Established Building Line in Built-Up Areas Notwithstanding the yard and setback provisions of this By-law, where there is an established building line extending on both sides of the lot, a permitted building or structure may be erected closer to the street line and street centre line than required by the yard and setback provisions, provided that such permitted building or structure is not erected closer to the street line than the established building line on the date of passing of this By-law. 3.36 SIGHT TRIANGLES (a) At the intersection of any two streets, no building, or structure shall be erected, no landscaping materials shall be allowed to grow, no land shall be graded and no vehicle shall be parked above the height of 0.75 metres above the centreline grade 77 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 GENERAL PROVISIONS _____________________________________________________________________________________________________ of such streets, so as to materially impede the vision of the operator of a vehicle on the street, within the triangular area bounded by the lot lines to a distance of 6.0 metres from the points of intersection of the corner lot lines, or of the projection of the corner lot lines, or within such area required according to the standards of the Ministry of Transportation. (b) At the intersection of a street and a railway right-of-way, the vision of the operator of a motor vehicle shall be unimpeded, as described above, within the triangular area bounded by the lot lines to a distance of 23.0 m from the points of intersection of the street lot line and the railway lot line. (c) At all intersections involving a Provincial highway, the requirements of the Ministry of Transportation regarding visibility triangles shall apply. 3.37 SITE PLAN CONTROL No development shall take place on any parcel of land designated as a Site Plan Control Area in the Site Plan Control By-Law passed under the Planning Act, unless the Corporation has approved such plans and drawings required under the provisions of the Site Plan Control By-Law. 3.38 SLEEP CABIN One Sleep Cabin shall be permitted as an accessory detached use to a main permitted dwelling which has water frontage on a lake or river. The following provisions shall apply to the sleep cabin: (a) no more than 2 rooms exclusive of the washroom are permitted; (b) no cooking facilities are located in the building; (c) any washroom facilities located in the building are to be connected to the existing septic system or have an approved independent system. (d) the gross floor area does not exceed 25 square metres; (e) the lot has a minimum area of 0.8 hectares; (f) the building consists of a single storey and the height of the building does not exceed 5.0 metres; and (g) the building complies with all the setbacks that apply to the principal building on the lot. 3.39 STANDARDS - CUMULATIVE (a) Unless permitted elsewhere in this By-law, where a lot contains more than one use, the lot area requirements shall be the sum of the requirements for the separate uses thereof but the lot frontage requirements shall be no less than the greater of the lot frontage requirements for each individual use in the Zone where such lot is located. 78 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 GENERAL PROVISIONS _____________________________________________________________________________________________________ (b) When a building, structure or lot accommodates more than one use, loading space requirement and parking space requirement for each building, structure or lot shall be the sum of the requirements for the separate uses thereof unless exempted elsewhere in this By-law. 3.40 STORAGE CONTAINERS Storage Containers shall be permitted in the Residential, Commercial, Industrial and the Rural Zones, subject to the following: (a) Lot Area (minimum) 4050 square metres (b) Front Yard Depth (minimum) 15 metres (c) Side Yard Width (minimum) 7.5 metres (d) Rear Yard Depth (minimum) 7.5 metres (e) Water Setback, where applicable (minimum) 45 metres (f) In the Residential Zone, a maximum of one Storage Container shall be permitted. (g) In all other Zones where permitted (Commercial, Industrial and the Rural Zones), a maximum of one Storage Container shall be permitted per 4050 square metres of lot area, regardless of size, to a maximum of four Storage Containers per property. (h) Stacking of Storage Containers shall not be permitted. (i) Storage Containers shall comply with applicable lot coverage provisions. (j) Storage Containers shall not be used for the display of advertisement. (k) Storage Containers shall comply with the Ontario Building Code. (l) Notwithstanding the above, Storage Container(s) shall be permitted as a temporary use incidental to building construction on the premises for so long as the same is necessary for work in progress which has neither been finalized, nor abandoned. 3.41 STORAGE OF LIQUID MANURE, HAULED SEWAGE OR SEWAGE SLUDGE No facility for the storage of liquid manure, hauled sewage or sewage sludge shall be erected, used or altered except in accordance with the following provisions: (a) The storage facility shall be constructed of materials that are durable and stable and that do not afford passage of the contents; (b) The storage facility shall have, 79 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 GENERAL PROVISIONS _____________________________________________________________________________________________________ (i) walls that extend 2.0 metres or more above the surrounding grade level, or (ii) walls that extend 0.3 metres above the surrounding grade level and have a solid cover, or a minimum 0.7 metre extension of the walls, that completely seals the facility from human entry; or (iii) be an inground facility that is situated below and totally enclosed by a livestock barn; (c) Notwithstanding item (b), preceding, a lagoon may be used for the storage of liquid manure, hauled sewage or sewage sludge provided that, (i) it is approved under all appropriate provincial legislation and regulations; and (ii) it is designed, constructed and maintained in accordance with all governing By-laws of the Municipality. (d) Notwithstanding item (b), preceding, a lagoon may be used for the storage of liquid manure, hauled sewage or sewage sludge provided that, (i) it is approved under all appropriate provincial legislation and regulations; and (ii) it is designed, constructed and maintained in accordance with all governing By-laws of the Municipality. 3.42 TEMPORARY CONSTRUCTION USES PERMITTED Nothing contained in this By-law shall prevent the erection or location of any sheds, scaffolds, or other structures (including trailers or recreational vehicles) incidental to building construction on the premises for so long as the same is necessary for work in progress which has neither been finalized, nor abandoned. On a lot having a residential use, where new construction of a dwelling is proposed, and where a written agreement between the owner and the Corporation for its removal is implemented, the existing dwelling may be used as temporary accommodation only for the time period when new construction is in progress. The existing dwelling, used as temporary accommodation, shall be removed from the lot within 30 days of occupancy of the replacement building. 3.43 THROUGH LOTS Where a lot which is not a corner lot has frontage on more than one street, the requirements for front yards contained in the By-law shall apply to each yard abutting the street. 3.44 LICENSED CANNABIS PRODUCTION FACILITY 3.45.1 Separation Distance 80 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 GENERAL PROVISIONS _____________________________________________________________________________________________________ The following reciprocal separation distance shall be applied between a licensed cannabis production facilities to any residential, commercial, institutional or open space use/zones. Reciprocal Setback (minimum) A cannabis production and cultivation facility with a total gross floor area less than 7,000 square metres and with an air treatment control system 150 m A cannabis production and cultivation facility with a total gross floor area greater than 7,000 square metres and less than 10,000 square metres and with an air treatment control system 200 m A cannabis production and cultivation facility with a total gross floor area greater than 10,000 square metres and with an air treatment control system 250 m A cannabis production and cultivation facility of any size where an air treatment control system is not provided 300 3.45.2 Outdoor storage is prohibited 3.45.3 Where permitted as an agricultural use (in the Rural (RU) zone) the following provisions apply to a licensed cannabis cultivation and production facility: 1. Minimum Lot Frontage 100 m 2. Minimum Lot Area 8 Ha 3. Minimum Yard requirements for buildings and structures i. Front Yard 30 m ii. Exterior Side yard 30 m iii. Interior Side Yard 30 m iv. Rear Yard 30 m 4. Maximum Building Height 11 m 5. The maximum gross floor area for cannabis production (processing, testing, destruction, packaging and/or shipping) within a licensed cannabis cultivation and production facility as an agricultural use shall be limited to 15% of the gross floor area of the facility. 6. The maximum amount of land to be utilized for buildings (including greenhouses), structures, parking areas shall be 1 ha. 81 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 GENERAL PROVISIONS _____________________________________________________________________________________________________ 7. A security fence associated with a licensed cannabis cultivation and production facility shall be setback a minimum of 10 metres from all lot lines. 8. All loading spaces must be located in a wholly enclosed building. 9. Existing structures may not be converted or retrofitted for a license cannabis cultivation and production facility. 82 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 ZONE CLASSIFICATIONS ______________________________________________________________________________________________________ SECTION 4.0 - ZONE CLASSIFICATIONS, EXCEPTION ZONE PROVISIONS 4.1 ZONE CLASSIFICATIONS For the purpose of this By-law, the following zones are established as shown on the Schedules (Zoning Maps) attached to this By-law. Zones Zone Symbol (a) Residential Zones i) Residential One R1 ii) Residential Two R2 iii) Limited Service Residential LSR iv) Seasonal Residential SR (b) Commercial Zones i) Commercial C ii) Highway Commercial HC iii) Tourism Commercial TC (c) Industrial Zones i) General Industrial GM ii) Extractive Industrial EM iii) Extractive Industrial Reserve EMR iv) Disposal Industrial One DM1 v) Disposal Industrial Two DM2 (d) Additional Zones i) Rural RU ii) Community Facility CF iii) Environmental Protection EP iv) Provincially Significant Wetlands PSW v) Areas of Natural and Scientific Interest ANSI vi) Open Space OS vii) Suburban Reserve SUR 83 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 ZONE CLASSIFICATIONS ______________________________________________________________________________________________________ 4.2 EXCEPTION ZONES Where a Zone classification is followed by the numbered suffix "-Exception One", this denotes the further classification as an Exception Zone. The corresponding Zone symbol suffix is "-1". Additional Exception Zones within the same zone classification are numbered consecutively (i.e. Highway Commercial - Exception One (HC-1), Highway Commercial - Exception Two, etcetera). Exception Zone provisions are listed separately under the applicable Zone classification requirements sections in the text of this By-law. All provisions of this By-law will apply equally to the respective Exception Zone classification, except as otherwise specified by the Exception Zone provisions. For the purpose of this By-law, Exception Zones are established as shown on the Schedule(s) (Zoning Maps). 4.3 HOLDING PROVISIONS Any parcel of land zoned for residential, commercial or industrial development where the principle of development has been established (i.e. R1, HC, R2) may be further classified as a holding zone with the addition of the suffix "-h". Certain criteria for development (i.e. phasing, financial considerations, geotechnical studies, access etc.) must be met to the satisfaction of Council prior to the removal of the holding provision. Under this holding Zone, interim and passive uses such as open space and conservation will be permitted. Uses existing at the time of passing of the By-law will also be permitted. When the holding provision is removed these uses would no longer apply. The individual residential, commercial or industrial Zone provisions (i.e. R1, R2, HC, etc.) as the case may be would then apply. The removal of the holding provisions shall require an amendment to this By-law. No public participation with mechanism for appeal shall be required where the principle of development has been established. 4.4 TEMPORARY ZONES Where a temporary zone is established for the purpose of accommodating a temporary use pursuant to the provisions of the Planning Act, the lands so zoned shall be subject to all the provisions of the zone, except that a temporary use shall be permitted for a certain limited period of time. The zone symbol shall be followed by a hyphen, the letter "T" and a letter or a number other than "-h", (for example, "-Tx" or "-T1"). Temporary zones in force and effect are as follows: (Reserved for future use) 84 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 R1 ZONE _____________________________________________________________________________________________________ SECTION 5.0 - REQUIREMENTS FOR RESIDENTIAL ONE (R1) ZONE 5.1 PERMITTED USES No person shall use land or erect or use a building or structure in any R1 Zone except for: (a) Residential Uses - additional residential unit - bed and breakfast - single detached dwelling - group home - type "A" (b) Non-Residential Uses - private park - public park 5.2 ZONE PROVISIONS No person shall use any lot or erect, alter or use any building or structure in any R1 Zone except in accordance with the following provisions: (a) Lot Area (minimum): i) on municipal water and municipal sewer 465 square metres ii) on municipal water or municipal sewer 2025 square metres iii) on private well and private septic system 4050 square metres (b) Lot Frontage (minimum) i) on municipal water and municipal sewer 15.5 metres ii) on municipal water or municipal sewer 30 metres iii) on private well and private septic system 30 metres (c) Water Frontage (minimum) 45 metres (d) Front Yard Depth (minimum) i) on municipal water and municipal sewer 6.0 metres ii) on municipal water or municipal sewer 6.0 metres iii) on private well and private septic system 7.5 metres (e) Interior Side Yard Width (minimum) i) on municipal water and municipal sewer 1.5 metres ii) on municipal water or municipal sewer 3.0 metres one side 85 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 R1 ZONE _____________________________________________________________________________________________________ 1.0 metre other side iii) on private well and private septic system 3.0 metres (f) Exterior Side Yard Width (minimum) i) on municipal water and municipal sewer 6.0 metres ii) on municipal water or municipal sewer 6.0 metres iii) on private well and private septic system 7.5 metres (g) Rear Yard Depth (minimum) 7.5 metres (h) Lot Coverage (maximum) i) on municipal water and municipal sewer 45% ii) on municipal water or municipal sewer 45% iii) on private well and private septic system 33% (i) Building Height (maximum) 10.5 metres (j) Open Storage: In accordance with the provisions for Open Storage in Section 3 - General Provisions of this By-law. (k) Parking and Loading: In accordance with the provisions for Parking and Loading in Section 3 - General Provisions of this By-law. (l) Separation Distance: In accordance with the provisions for Separation Distance in Section 3 - General Provisions of this By-law. (m) Setbacks: In accordance with the provisions for Setbacks in Section 3 - General Provisions of this By-law. (n) Accessory Uses, Buildings and Structures: Notwithstanding any Zone Provisions of this zone to the contrary, Uses, Buildings and Structures that are accessory to the permitted uses of this zone shall be permitted in accordance with the requirements for Accessory Uses, Buildings and Structures in Section 3 - General Provisions of this By-law. 5.3 EXCEPTION ZONES (a) Residential One - Exception One (R1-E1) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the R1-E1 Zone within part of Lot 182, Range B South, geographic Township of Sherwood, former Village of Barry's Bay, and more particularly described as Parts 2 and 3 on Reference Plan 49R-12985, the following provisions shall apply: 86 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 R1 ZONE _____________________________________________________________________________________________________ i) Every application for a building permit shall be accompanied by a plan drawn to scale showing: i. the dimensions of the lot; ii. the location of all existing buildings, structures and uses on the lot; and iii. the proposed location of any building, structure or use proposed for the lot, and the location thereof in relation to the water setback prescribed by this By-law. ii) This property consists of unconsolidated fill material and has a high water table. Therefore, geotechnical advice on foundation construction is important. Prior to the approval of a building application and issuance of a building permit, residential foundations shall be designed and certified by a qualified geotechnical engineer and all construction shall proceed in accordance with the approved design. (b) Residential One - Exception Two (R1-E2) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the R1-E2 Zone within part of Lot 182, Range B South, geographic Township of Sherwood, former Village of Barry's Bay, and more particularly described as Part 1 on Reference Plan 49R-12985, the following provisions shall apply: i) Every application for a building permit shall be accompanied by a plan drawn to scale showing: i. the dimensions of the lot; ii. the location of all existing buildings, structures and uses on the lot; and iii. the proposed location of any building, structure or use proposed for the lot, and the location thereof in relation to the water setback prescribed by this By-law. ii) This property consists of unconsolidated fill material and has a high water table. Therefore, geotechnical advice on foundation construction is important. Prior to the approval of a building application and issuance of a building permit, residential foundations shall be designed and certified by a qualified geotechnical engineer and all construction shall proceed in accordance with the approved design. iii) For the purposes of the R1-E2 Zone, the minimum water setback shall be 7.5 metres. (c) Residential One - Exception Three (R1-E3) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands 87 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 R1 ZONE _____________________________________________________________________________________________________ located in the R1-E3 Zone within part of Lot 85, Registered Plan No. 184, geographic Township of Sherwood, former Village of Barry's Bay, a garage may be constructed prior to the establishment of the main building on the lot. The minimum front yard depth for the garage shall be 0.6 metres. (d) Residential One - Exception Four (R1-E4) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the R1-E4 Zone within part of Lot 180, Range B North, geographic Township of Sherwood, former Village of Barry's Bay, being Lot 158 in Registered Plan No. 215 and with a civic address of 12 Paugh Lake Road, the following provisions shall apply: i) Minimum Lot Frontage 15 metres ii) Minimum Front Yard Depth 4 metres iii) Minimum Side Yard Depth on the North Side 1 metre iv) A Profession Office shall be permitted. (e) Residential One - Exception Five (R1-E5) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the R1-E5 Zone within part of Lot 20, Registered Plan No. 549 and part of Lots 152 and 153, Range B South, geographic Township of Jones, the minimum lot frontage shall be 22.5 metres. (f) Residential One - Exception Six (R1-E6) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the R1-E6 Zone within part of Lot 3, Registered Plan No. 308 in part of Lot 15, Concession 3, geographic Township of Burns, and more particularly described as Part 1 on Reference Plan 49R-15254, the minimum lot area shall be 3200 square metres. (g) Residential One - Exception Seven (R1-E7) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the R1-E7 Zone within part of Lot 30, Concession 3, geographic Township of Sherwood, with a civic address of 287 Bleski Road, an accessory garage not exceeding 70 square metres is permitted to be constructed with a minimum front yard depth of 0.9 metres. (h) Residential One - Exception Eight (R1-E8) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands 88 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 R1 ZONE _____________________________________________________________________________________________________ located in the R1-E8 Zone within part of Lots 4 and 5, Concession 8, geographic Township of Radcliffe, the minimum lot area shall be 2.9 hectares. (i) Residential One - Exception Nine (R1-E9) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the R1-E9 Zone within part of Lots 4 and 5, Concession 8, geographic Township of Radcliffe, the minimum lot area shall be 10.5 hectares. (j) Residential One - Exception Ten (R1-E10) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the R1-E10 Zone within part of Lots 4 and 5, Concession 8, geographic Township of Radcliffe, the minimum lot area shall be 9.0 hectares. (k) Residential One - Exception Eleven (R1-E11) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the R1-E11 Zone within part of Lots 4 and 5, Concession 8, geographic Township of Radcliffe, the minimum lot area shall be 1.0 hectares. (l) Residential One - Exception Twelve (R1-E12) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the R1-E12 Zone within part of Lots 4 and 5, Concession 9, geographic Township of Radcliffe, the following provisions shall apply: i) Permitted Uses i. Residential Uses: - single detached dwelling - residential uses existing as of June 2, 1997 - uses, buildings and structures accessory to the foregoing permitted uses ii. Non-Residential Uses: - prohibited ii) Water Frontage (minimum) The water frontage existing as of June 2, 1997. (m) Residential One - Exception Thirteen (R1-E13) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands 89 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 R1 ZONE _____________________________________________________________________________________________________ located in the R1-E13 Zone within part of Lot 5, Concession 9, geographic Township of Radcliffe, the following provisions shall apply: i) Permitted Uses i. Residential Uses: - single detached dwelling - residential uses existing as of June 2, 1997 - uses, buildings and structures accessory to the foregoing permitted uses ii. Non-Residential Uses: - prohibited ii) Lot Area (minimum) 4.0 hectares (n) Residential One - Exception Fourteen (R1-E14) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the R1-E14 Zone within part of Lot 5, Concession 9, geographic Township of Radcliffe, the following provisions shall apply: i) Permitted Uses i. Residential Uses: - single detached dwelling - residential uses existing as of June 2, 1997 - uses, buildings and structures accessory to the foregoing permitted uses ii. Non-Residential Uses: - prohibited ii) Lot Area (minimum) 6500 square metres (o) Residential One - Exception Fifteen (R1-E15) Zone Notwithstanding any other provisions of this By-law to the contrary, for lands located in the R1-E15 Zone on the Schedules to this By-law, no person shall erect any building or structure, including a private sewage disposal system, except in accordance with the following provision: Water Setback (minimum) 20 metres (p) Residential One - Exception Sixteen (R1-E16) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands 90 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 R1 ZONE _____________________________________________________________________________________________________ located in the R1-E16 Zone within part of Lot 5, Concessions 5 and 6, geographic Township of Radcliffe, the minimum water setback shall be equal to the existing setbacks of the dwellings on those properties. Additions or enlargements to these dwellings are permitted provided the additions or enlargements do not further encroach upon the existing water setback. (q) Residential One - Exception Seventeen (R1-E17) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the R1-E17 Zone within part of Lot 18, Concession 11, geographic Township of Radcliffe, and more particularly described as Parts 7 and 9 on Reference Plan 49R-14396, no buildings or structures are permitted. The only permitted use of the land is for vehicle access purposes. (r) Residential One - Exception Eighteen (R1-E18) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the R1-E18 Zone within part of Lot 18, Concession 11, geographic Township of Radcliffe, and more particularly described as Part 3 on Reference Plan 49R-14396, no person shall erect any building or structure, including a private sewage disposal system, except in accordance with the following provision: Water Setback (minimum) 15 metres (s) Residential One - Exception Nineteen (R1-E19) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the R1-E19 Zone with part of Lot 8, Concession 9, geographic Township of Radcliffe, a bed and breakfast establishment shall be a permitted use. (t) Residential One - Exception Twenty (R1-E20) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the R1-E20 Zone within part of Lots 9 and 10, Concession 9, part of Lots 11, 12 and 13, Concession 10 and part of Lots 12 and 13, Concession 11, geographic Township of Jones, the following provisions shall apply: i) Permitted Uses i. Residential Uses: - single detached dwelling - group home ii. Non-Residential Uses: - private park - public park 91 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 R1 ZONE _____________________________________________________________________________________________________ ii) Lot Area (minimum) 7000 square metres iii) Lot Frontage (minimum) 59 metres iv) Front Yard Depth (minimum) 10 metres v) Side Yard Width (minimum) 7.5 metres vi) Rear Yard Depth (minimum) 10.5 metres vii) Dwelling Unit Area (minimum) 120 square metres viii) Lot Coverage (maximum) 10% ix) Building Height (maximum) 10.5 metres (u) Residential One - Exception Twenty-One (R1-E21) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the R1-E21 Zone with part of Lot 6, Concession 8, geographic Township of Radcliffe, the minimum water setback shall be 20 metres. (v) Residential One - Exception Twenty-Two (R1-E22) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the R1-E22 Zone within part of Lot 146, Range B North, geographic Township of Jones, and more particularly described as Lot 9 in Registered Plan No. 426 and part of the Shoreline Road allowance along Carson Lake, designated as Part 1 on Reference Plan 49R-13750, with a civic address of 246A Arbor Vitae Road, the minimum water setback shall be 22 metres. (w) Residential One - Exception Twenty-Three (R1-E23) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the R1-E23 Zone within part of Lot 184, Range B South, geographic Township of Sherwood, former Village of Barry's Bay, a single detached dwelling is permitted on a lot accessed by a legally registered right-of-way. (x) Residential One - Exception Twenty-Four (R1-E24) Zone Notwithstanding any other provisions of this By-law to the contrary, for those lands located in the R1-E24 Zone within part of Lot 179, Range "B" South, geographic Township of Sherwood, former Village of Barry's Bay, the minimum front yard depth shall be 1.0 metre. A drainage plan prepared by a qualified person is to be submitted and approved by the Township prior to the issuance of a building permit. (y) Residential One - Exception Twenty-Five (R1-E25) Zone Notwithstanding Section 3.27(a)(iii) or any provision of this By-law to the contrary, for the lands located in the Residential One - Exception Twenty Five (R1-E25) Zone within Part of Lot 179, Range "B" North, geographic Township of Sherwood now in the Township of Madawaska Valley, a single detached dwelling is exempt from the 150 metre separation distance from an Extractive Industrial (EM) Zone. 92 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 R1 ZONE _____________________________________________________________________________________________________ (z) Residential One - Exception Twenty-Six (R1-E26) Zone Notwithstanding any other provision of this By-law to the contrary, for the lands located in the Residential One - Exception Twenty Six (R1-E26) Zone within Part of Lot 24, Concession 3, geographic Township of Sherwood, now in the Township of Madawaska Valley, the following provisions shall apply; i) The minimum distance separation from an Extractive Industrial Reserve (EMR) Zone shall be 60 metres; ii) A 60 metre wide vegetative buffer shall be maintained at the rear of the property, adjacent to the existing EMR Zone; iii) Water setback (minimum) - 240 metres for private sewage disposal system; and iv) An outdoor furnace and/or a solid fuel fired boiler, whether as a stand alone or separate unit, or in an accessory building, shall not be permitted. (aa) Residential One - Exception Twenty-Seven (R1-E27) Zone Notwithstanding any other provision of this By-law to the contrary, for the lands located in the Residential One-Exception Twenty-Seven (R1-E27) Zone within Lots 70 & 71 and part of Lot 76, Registered Plan 143, (being parts of Lot 180, Range "B" South), geographic Township of Sherwood (Barry's Bay) now in the Township of Madawaska Valley, 44 Dunn Street, a business office is permitted in addition to other uses permitted in the R1 Zone. A sign shall be permitted in accordance with the following provisions: Front yard depth for a sign (minimum) 0 metres Height for a sign (maximum) 3.7 m (bb) Residential One - Exception Twenty-Eight (R1-E28) Zone Notwithstanding any other provision of this By-law to the contrary, for the lands located in the Residential One - Exception Twenty Eight (RU-E28) Zone within part of Lot 26, Concession 12, geographic Township of Jones now in the Township of Madawaska Valley, 608 Arbor Vitae Road, the following provision shall apply: Water Setback (minimum) for; i) sunroom addition over the existing deck 14 metres ii) proposed addition to the dwelling 20 metres iii) roof over the entrance 24 metres (cc) Residential One - Exception Twenty-Nine (R1-E29) Zone Notwithstanding any other provision of this By-law to the contrary, for the lands 93 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 R1 ZONE _____________________________________________________________________________________________________ located in the Residential One - Exception Twenty-Nine (R1-E29) Zone within Part of Lot 7, Concession 5, geographic Township of Radcliffe now in the Township of Madawaska Valley, a single detached dwelling is exempt from the 60 metre separation distance from any Industrial Zone. (dd) Residential One - Exception Thirty (R1-E30) Zone Notwithstanding any other provision of this By-law to the contrary, for the lands located in the Residential One - Exception Thirty (R1-E30) Zone within Part of Lot 24, Concession 3, geographic Township of Sherwood, now in the Township of Madawaska Valley, the following provisions shall apply; i) The chimney on the existing outdoor furnace shall be higher than the highest building it serves; ii) The existing outdoor furnace shall be located a minimum of 4.0 meters from the southern lot line. An auto repair garage shall be an additional permitted use. AUTO REPAIR GARAGE means a building where major repairs of vehicles may be performed, including body work and welding but shall not include dismantling of motor vehicles for scrap or the storage of motor vehicles awaiting scrapping. Notwithstanding any other provision of this By-law to the contrary, for the lands located in the Residential One - Exception Thirty (R1-E30) Zone within Part of Lot 24, Concession 3, geographic Township of Sherwood, an auto repair garage is removed as an additional permitted use. (ee) Residential One - Exception Thirty One (R1-E31) Zone Notwithstanding any other provision of this By-law to the contrary, for the lands located in the Residential One - Exception Thirty One (R1-E31) Zone within part Lot 20, Concession 11, geographic Township of Radcliffe, and comprising Lot 12 on Registered Plan 275 and that Part of the Original Allowance for Road along the shore of Wadsworth Lake in front of Lot 20, Concession 11, designated as Part 1 on Reference Plan 49R-16890 (and further described as 136 Kopernik Road), the following provision shall apply; Water Setback (minimum): i) existing deck 23 metres ii) existing dwelling 25 metres (ff) Residential One - Exception Thirty Two (R1-E32) Zone Notwithstanding any other provision of this By-law to the contrary, for the lands located in the R1-E32 Zone within Part of Lot 180, Range "B" North, geographic 94 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 R1 ZONE _____________________________________________________________________________________________________ Township of Sherwood, now in the Township of Madawaska Valley, the separation distance from an Industrial Zone shall be reduced from 60 metres to 30 metres. (gg) Residential One - Exception Thirty Three (R1-E33) Zone Notwithstanding any other provision of this By-law to the contrary, for the lands located in the R1-E33 Zone described as Part 2 of Plan 49R-16261, and are located in the Part of Lot 178, Range "B" South, in the geographic Township of Sherwood, now in the Township of Madawaska Valley, a semi-detached dwelling is a permitted use. (hh) Residential One - Exception Thirty Four (R1-E34) Zone Notwithstanding any other provision of this By-law to the contrary, for the lands located in the R1-E34 Zone within part of Lot 5, Concession 9 and part of the Shoreline Road Allowance along Blackfish Bay in front of Lot 5, Concession 9, designated as Parts 1 and 2 on Reference Plan 49R-17205, in the geographic Township of Radcliffe, now in the Township of Madawaska Valley and located at 679 Tamarack Road, the following provisions shall apply: i) Water Setback (minimum) 9.3 metres ii) Front Yard Depth (minimum) 2.0 metres (ii) Residential One - Exception Thirty Five (R1-E35) Zone Notwithstanding any other provision of this By-law to the contrary, for the lands located in the R1-E35 Zone within part of Lot 5, Concession 8, geographic Township of Radcliffe, now in the Township of Madawaska Valley, designated as Part 16 on Reference Pan 49R-1574 and comprising part of the Shoreline Road Allowance along Blackfish Bay in front of Part 16 on Reference Plan 49R-1574, and being located at 857 Tamarack Road, the following provisions shall apply: i) Water Setback (minimum) 12.0 metres. (jj) Residential One - Exception Thirty Six (R1-E36) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the R1-E36 Zone, designated Part 6 and 8 on Reference Plan 49R-14396, described as Part Lot 18, Concession 11, geographic Township of Radcliffe, and known municipally as 1789 A-B Old Barry's Bay Road, two single detached dwellings shall be permitted on one lot. (kk) Residential One - Exception Thirty Seven (R1-E37) Zone Notwithstanding any other provision of this By-law to the contrary, for the lands located in the R1-E37 Zone within Part of Lot 23, Concession 9, in the geographic 95 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 R1 ZONE _____________________________________________________________________________________________________ Township of Radcliffe, now in the Township of Madawaska Valley, and located at 347 Dam Lake Road, the following provisions shall apply: i) Front Yard Depth (minimum) 3.9 metres ii) Water Setback (minimum) 21 metres (ll) Residential One - Exception Thirty Eight (R1-E38) Zone Notwithstanding the provisions of Section 3.28(b), or any other provisions of this By- law to the contrary, for the lands located in the R1-E38 Zone within Lots 3 & 4, Plan 353 and part of the Shoreline Road Allowance along Carson Lake, designated as Part 12 on Reference Plan 49R-6962, in the geographic Township of Jones, now in the Township of Madawaska Valley, and located at 111 Chris Mullin Lane, a boat house/garage is permitted 19 metres from the high water mark of Carson Lake. (mm) Residential One - Exception Thirty Nine (R1-E39) Zone Notwithstanding any provisions of this By-law to the contrary, for the lands located in the R1-E39 Zone within Part of Lot 18, Concession 13 and part of the Shoreline Road Allowance along Wadsworth Lake, in the geographic Township of Radcliffe, now in the Township of Madawaska Valley, and located at 36 Ritza Road, the following provisions shall apply: i) Minimum Water Setback for cottage foundation 8 metres ii) Minimum Water Setback for existing deck 5 metres (nn) Residential One - Exception Forty (R1-E40) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the R1-E40 Zone within Part of Lot 8, Concession 7, designated as Part 3 on Reference Plan 49R-5427, in the geographic Township of Radcliffe, now in the Township of Madawaska Valley, and known municipally as 39766 Combermere Road, three single detached dwellings are permitted. (oo) Residential One - Exception Forty One (R1-E41) Zone Notwithstanding any provisions of this By-law to the contrary, for the lands located in the R1-E41 Zone within Part of Lot 10, Concession 4, in the geographic Township of Radcliffe, now in the Township of Madawaska Valley, the following provision shall apply: i) Lot Frontage (minimum) 15 metres (pp) Residential One - Exception Forty Two (R1-E42) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands 96 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 R1 ZONE _____________________________________________________________________________________________________ located in the R1-E42 Zone within Lot 11, Plan 539, in the geographic Township of Sherwood, now in the Township of Madawaska Valley, the following provisions shall apply: i) Water Setback (minimum) 20 meters ii) Rear Yard Depth for a deck (minimum) 0.6 metres iii) Rear Yard Depth for a dwelling (minimum) 2.4 metres (qq) Residential One - Exception Forty Three (R1-E43) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the R1-E43 Zone, known as 18 Palubiski Lane, designated Part 1 on Reference Plan 49R-9299, Part 2 on Reference Plan 49R-4895, save and except Part 3 on Reference Plan 49R-9299, and within part of Lot 152, Range "B" North, in the geographic Township of Jones, access may be by a private road, and the following provision shall apply: i) Water Frontage (minimum) 18 metres (rr) Reserved (ss) Residential One - Exception Forty Five (R1-E45) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the R1-E45 Zone, being Lot 15, Plan 353 (except Part 12 on Reference Plan 49R-6375), and part of the Shoreline Road Allowance along Carson Lake, designated as Part 1 on Reference Plan 49R-6962, known as 14 Chris Mullin Lane, being located within part of Lot 143, Range "B" North, in the geographic Township of Jones, the following provision shall apply: Lot Area (minimum) 3400 square metres (tt) Residential One - Exception Forty Six (R1-E46) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the R1-E46 Zone, being Lot 14, Plan 353 (except Part 11 on Reference Plan 49R-6375), and part of the Shoreline Road Allowance along Carson Lake, designated as Part 2 on Reference Plan 49R-6962, known as 20 Chris Mullin Lane, being located within part of Lot 143, Range "B" North, in the geographic Township of Jones, the following provision shall apply: Lot Area (minimum) 3700 square metres (uu) Residential One - Exception Forty Seven (R1-E47) Notwithstanding any other provisions of this By-law to the contrary, for the lands 97 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 R1 ZONE _____________________________________________________________________________________________________ located in the R1-E47 Zone, being 39072 Combermere Road, designated Part 2 on Reference Plan 49R-10924, and located within part of Lot 3, Concession 6, in the geographic Township of Radcliffe, a Retail Store is an additional permitted use. (vv) Residential One - Exception Forty Eight (R1-E48) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the R1-E48 Zone, known as 14 Taylor Point Lane, and located within part of Lot 25, Concession 3, in the geographic Township of Sherwood, now in the Township of Madawaska Valley, the following provisions shall apply: i) Water Setback (minimum) for the existing dwelling 21 metres ii) Water Setback (minimum) for the existing shed 17 metres. (ww) Residential One - Exception Forty Nine (R1-E49) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the R1-E49 Zone, known as 662-682 Long Lake Road, designated Parts 1- 7, 9, 10, and 14 on Reference Plan 49R-17500, and located in Part of Lot 15, Concession 10, in the geographic Township of Radcliffe, existing uses, buildings and structures, shall be permitted. No new buildings shall be permitted, with the exception of a three car garage not exceeding 73 square metres. (xx) Residential One - Exception Fifty (R1-E50) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the R1-E50 Zone, known as 270 Diamond Lake Road, and being Lot 15, Plan 369, in the geographic Township of Radcliffe, now in the Township of Madawaska Valley, the following provision shall apply: i) Water Setback (minimum) for any addition to the existing dwelling 25 metres. (yy) Residential One - Exception Fifty One (R1-E51) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the R1-E51 Zone, known as 70 Chris Mullin Lane, and being Part of Lot 9, Plan 353, and part of the Shoreline Road Allowance along Carson Lake, in the geographic Township of Jones, now in the Township of Madawaska Valley, the following provision shall apply: i) Water Setback (minimum) for a new dwelling 14 metres. (zz) Residential One - Exception Fifty Two (R1-E52) Notwithstanding any other provisions of this By-law to the contrary, for the lands 98 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 R1 ZONE _____________________________________________________________________________________________________ located in the R1-E52 Zone, known as 807 Dombroskie Road, and located in Part of Lot 22, Concession 11 and Part of the Shoreline Road Allowance along Wadsworth Lake, in the geographic Township of Radcliffe, now in the Township of Madawaska Valley, the following provision shall apply: i) Water Setback (minimum) 16 metres. (aaa) Residential One - Exception Fifty-Three (R1-E53) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the R1-E53 Zone, located in Part of Lot 184, Range B North, in the geographic Township of Sherwood, now in the Township of Madawaska Valley, a home occupation will be a permitted use in the existing detached garage. (bbb) Residential One - Exception Fifty-Four (R1-E54) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the R1-E54 Zone, located in Part of Lot 11, Registered Plan 353 and Part of the Shoreline Road Allowance along Carson Lake, designated as Part 5 on Reference Plan 49R-6962, in the geographic Township of Jones, now in the Township of Madawaska Valley, known municipally as 56 Chris Mullin Lane, the following provisions shall apply: Water Setback (minimum) for: i) Accessory building for storage not exceeding 2.13 metres 30 metres of gross floor area (Storage Shed) ii) Deck 19.81 metres iii) Addition to existing cottage 24.38 metres. (ccc) Residential One - Exception Fifty-Five (R1-E55) Notwithstanding Section 3.7 or any other provisions of this By-law to the contrary, for the lands located in the R1-E55 Zone, known as 610-B-C Ohio Road, and located in part of Lot 4, Concessions 7 and 8 and Part of the Shoreline Road Allowance along the Madawaska River, in the geographic Township of Radcliffe, now in the Township of Madawaska Valley, two single detached dwellings shall be permitted on a lot. (ddd) Residential One - Exception Fifty-Six (R1-E56) Notwithstanding Section 5.2(a)(iii) or any other provisions of this By-law to the contrary, for the lands located in the R1-E56 Zone, known as 610-A Ohio Road, and located in part of Lot 4, Concessions 7 and 8 and Part of the Shoreline Road Allowance along the Madawaska River, in the geographic Township of Radcliffe, now in the Township of Madawaska Valley, the minimum required lot area shall be 3720 square metres. 99 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 R1 ZONE _____________________________________________________________________________________________________ (eee) Residential One - Exception Fifty-Seven (R1-E57) Notwithstanding Section 3.7 or any other provisions of this By-law to the contrary, for the lands located in the R1-E57 Zone, described more particularly as Part of Lot 13, Lots 14 to 16, inclusive, Lots 19 to 23, inclusive, Lots 27 to 30, inclusive, and Lots 32 to 51, inclusive, on Registered Plan 596, and located, in the geographic Township of Sherwood, now in the Township of Madawaska Valley, one second dwelling unit within a single detached dwelling is permitted and the following shall apply: (a) Additional Provisions i. The minimum gross floor area of the second dwelling shall be 40 square metres; ii. The second dwelling unit shall occupy no more than 50 percent of the gross floor area of the principal dwelling; and iii. A minimum of one (1) parking space is required per second dwelling unit. (b) Definition SECOND DWELLING UNIT means a self-contained residential dwelling unit within the principal single detached dwelling, in which food preparation, eating, living, sleeping and sanitary facilities are provided for the exclusive use of the occupants. (fff) Residential One - Exception Fifty-Eight (R1-E58) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the R1-E58 Zone, located in Lot 2, Registered Plan 426 and Part of Shoreline Road Allowance along Carson Lake in front of Lot 147, Range B North, designated as Part 2 on Reference Plan 49R-17790, in the geographic Township of Jones, now in the Township of Madawaska Valley, and known municipally as 202 Arbor Vitae, the following provisions shall apply: Water Setback (minimum) for: i) Addition to existing cottage 21 metres (not exceeding 40 square metres) ii) Deck 17 metres. (ggg) Reserved (hhh) Residential One - Exception Sixty (R1-E60) 100 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 R1 ZONE _____________________________________________________________________________________________________ Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the R1-E60 Zone, located in Part of Lot 178, Range B South, and described more particularly as Part 1 on Reference Plan 49R- 4888, in the geographic Township of Sherwood, now in the Township of Madawaska Valley, and known municipally as 66 Mintha Street, a home industry (which includes small engine repair and boat shrink wrapping) shall be permitted in the existing detached garage. (jjj) Residential One - Exception Sixty-Two (R1-E62) Notwithstanding Section 3.7 or any other provisions of this By-law to the contrary, for the lands located in the R1-E62 Zone, described more particularly as Parts of Lot 18, Concession 11, designated as Part 5 on Reference Plan 49R-14396 and Part 1 on Reference Plan 49R-16111, and located in the geographic Township of Radcliffe, now in the Township of Madawaska Valley, and known municipally as 1807 Old Barry's Bay Road, a mobile home and a single detached dwelling on the property shall be permitted. (kkk) Residential One - Exception Sixty-Three (R1-E63) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the R1-E63 Zone, described as Part of Lot 12 and 12A, Registered Plan 353 and Part of the Shoreline Road Allowance along Carson Lake, designated as Part 4 on Reference Plan 49R-6962, in the geographic Township of Jones, now in the Township of Madawaska Valley, and known municipally as 50 Chris Mullin Lane, the following provision shall apply: Water Setback (minimum) 17 Metres. (lll) Residential One - Exception Sixty-Four (R1-E64) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the R1-E64 Zone, described as Part of Lot 1 and 1A, Registered Plan 355, Part of the Opeongo Road, designated as Part 37 on Reference Plan 49R-4405, and Part of the Shoreline Road Allowance along Wolfe Lake (Spectacle Lake), designated as Part 1 on Reference Plan 49R-6565, in the geographic Township of Jones, now in the Township of Madawaska Valley, and known municipally as 328 Spectacle Lake Road, the following provision shall apply: Water Setback (minimum) 9 metres. (mmm) Residential One - Exception Sixty-Five (R1-E65) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the R1-E65 Zone, described as Part of Lot 147, Range 'B' North, and Part of the Shoreline Road Allowance along Carson Lake, designated as Part 4 on 101 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 R1 ZONE _____________________________________________________________________________________________________ Reference Plan 49R-17790, in the geographic Township of Jones, now in the Township of Madawaska Valley, and known municipally as 184 Arbor Vitae Road, the following provision shall apply: i) Minimum Water Setback for screened porch 11 metres. (nnn) Residential One - Exception Sixty-Six (R1-E66) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the R1-E66 Zone, described as Lot 8, Registered Plan 269, and Part of the Shoreline Road Allowance along Wadsworth Lake, designated as Part 1 on Reference Plan 49R-18142, in the geographic Township of Radcliffe, now in the Township of Madawaska Valley, and known municipally as 198 Kopernik Road, the following provision shall apply: Water Setback (minimum) 15 metres. (ooo) Residential One - Exception Sixty-Seven (R1-E67) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the R1-E67 Zone, described as Part of Lot 5, Concession 5, in the geographic Township of Radcliffe, now in the Township of Madawaska Valley, and known municipally as 39273 Combermere Road, the following provisions shall apply: Lot Area (minimum) 1290 square metres Water Frontage (minimum) 13 metres Exterior Side Yard Width (minimum) 3 metres. (ppp) Residential One - Exception Sixty-Eight (R1-E68) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the R1-E68 Zone, described as Part of Lot 25, Concession 2 and Part of the Shoreline Road Allowance along Kamaniskeg Lake, designated as Part 2 on Reference Plan 49R-6744, in the geographic Township of Sherwood, now in the Township of Madawaska Valley, the following provisions shall apply: Front Yard Depth (minimum) 3 metres Water Setback for a deck and porch (minimum) 15 metres. (qqq) Residential One - Exception Sixty-Nine (R1-E69) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the R1-E69 Zone, described as Part of Lot 24, Concession 2, and Part of the Shoreline Road Allowance along Kamaniskeg Lake, designated as Part 8 on 49R-7968, in the geographic Township of Sherwood, now in the Township of 102 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 R1 ZONE _____________________________________________________________________________________________________ Madawaska Valley, the following provision shall apply: Water Setback for a deck (minimum) 28 metres. (rrr) Residential One - Exception Seventy (R1-E70) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the R1-E70 Zone, described as Part of Lot 18, Concession 13, designated as Part 1 on Reference Plan 49R-5530, and Part of the Shoreline Road Allowance along Wadsworth Lake, Designated as Part 1 on Reference Plan 49R- 19557, in the geographic Township of Radcliffe, now in the Township of Madawaska Valley, and known municipally as 2180A Old Barry's Bay Road, the following minimum setback provisions shall apply: Water Setback (minimum) i) Addition to existing dwelling 16 metres ii) Septic System 30 metres iii) New single detached dwelling 30 metres. (sss) Residential One - Exception Seventy One (R1-E71) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the R1-E71 Zone, described as Part of Lots 6 & 7, Concession 5, in the geographic Township of Radcliffe, now in the Township of Madawaska Valley, and known municipally as 1048A-B & 1050 Mill Street, two single detached dwellings are permitted, being the conversion of the existing assembly hall, and the conversion of either the existing church or public building (museum). The continuation of the existing uses on the property shall also be permitted until their conversion to single detached dwellings. The single detached dwellings may be permitted to be used for short term rentals for a period of less than 28 days. The existing uses, buildings, and site performance standards shall continue to apply. (ttt) Residential One - Exception Seventy-Two (R1-E72) Notwithstanding any other provision of this By-law to the contrary, for the property located in Part of Lot 8, Concession 3, in the geographic Township of Radcliffe and located in the Residential One - Exception Seventy-Two (R1-E72) Zone, the following provision shall apply: (i) Water Setback for a Private Sewage Disposal System (minimum) 50metres (uuu) Residential One - Exception Seventy-Three (R1-E73) Notwithstanding any other provision of this By-law to the contrary, for the property 103 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 R1 ZONE _____________________________________________________________________________________________________ located in Part of Lot 8, Concession 3, in the geographic Township of Radcliffe and located in the Residential One - Exception Seventy-Three (R1-E73) Zone, the following provisions shall apply: (i) Setback from top of slope of the gully for future dwelling (minimum) 7 metres (ii) Setback from top of slope of the gully for new or replacement Private Sewage Disposal System (minimum) 15 metres. (vvv) Residential One - Exception Seventy-Four (R1-E74) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the R1-E74 Zone, described as Part of Lots 13 and 14, Concession 11 in the geographic Township of Jones, now in the Township of Madawaska Valley, any development within 120 metres of the shoreline of Bark Lake is subject to site plan control pursuant to Section 41 of the Planning Act. (www) Residential One - Exception Seventy-Five (R1-E75) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the R1-E75 Zone, described as Part of Lot 14, Concession 11 in the geographic Township of Jones, now in the Township of Madawaska Valley, any development within 120 metres of the shoreline of Bark Lake is subject to site plan control pursuant to Section 41 of the Planning Act and the following provision shall also apply: i) Lot frontage (minimum) 12 metres 5.4 HOLDING ZONES (a) Residential One - Exception Fifty-Seven-holding (R1-E57-h) Until such time as the holding symbol is removed from the lands described as Part of Lot 13, Lots 14 to 16, inclusive, Lots 19 to 23, inclusive, Lots 28 to 30, inclusive, and 32 to 49, inclusive, on Registered Plan 596, and located, in the geographic Township of Sherwood, now in the Township of Madawaska Valley, and delineated as Residential One - Exception Fifty-Seven-holding (R1-E57-h) on Schedule 'A' to this By-law, in accordance with the conditions set forth herein, no person shall use land or erect or use a building or structure, except in accordance with the following: i) Conditions for removal of Holding Symbol (h) - Municipal services (roads, water and sewer) are established to the satisfaction of the Township of Madawaska Valley. (b) Residential One - holding (R1-h) 104 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 R1 ZONE _____________________________________________________________________________________________________ Until such time as the holding symbol is removed from the lands in Part of Lot 8, Concession 3, in the geographic Township of Radcliffe, and located in the Residential One (R1) Zone, the Residential One- Exception Seventy-Two (R1-E72) Zone and the Residential One-Exception Seventy-Three (R1-E73) Zone, as on Schedule 'A' to this By-law, in accordance with the conditions set forth herein, no person shall erect a building or structure except in accordance with the following: i) Conditions for removal of Holding Symbol (h) - That the County of Renfrew shall provide confirmation to the Township that the County is satisfied that a plan is in place to implement the development agreement registered on title. (b) Residential One - Exception Seventy One - holding (R1-E71-h) Until such time as the holding symbol is removed from the lands described as Part of Lots 6 & 7, Concession 5, in the geographic Township of Radcliffe, now in the Township of Madawaska Valley, and known municipally as 1048A-B & 1050 Mill Street, and delineated as Residential One - Exception Seventy One-holding (R1- E71-h) on Schedule A to this by-law, in accordance with the conditions set forth herein, the only permitted use shall be a single detached dwelling (conversion of existing assembly hall to a single detached dwelling) , which may be used for short term rentals for a period of less than 28 days. The existing uses, buildings, and site performance standards are also permitted. i) The conditions that need to be met prior to the removal of the holding (h) symbol include: 1. A hydrogeological evaluation is submitted to the satisfaction of the Township of Madawaska Valley, which shall include a nitrate impact assessment and confirmation of a suitable potable source of water for both quality (in accordance with the Ontario Drinking Water Quality Standards) and quantity. 105 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 R2 ZONE SECTION 6.0 - REQUIREMENTS FOR RESIDENTIAL TWO (R2) ZONE 6.1 PERMITTED USES No person shall use any land or erect or use any building or structure in any R2 Zone except for: (a) Residential Uses - additional residential unit - bed and breakfast - single detached dwelling - semi-detached dwelling - duplex dwelling - two-unit dwelling - triplex dwelling - three unit dwelling - four unit dwelling - apartment dwelling - multiple attached dwelling - group home type "A" (b) Non-Residential Uses - private park - public park 6.2 ZONE PROVISIONS No person shall use any lot or erect, alter or use any building or structure in any R2 Zone except in accordance with the following provisions: 6.2.1 Zone Provisions for Single Detached Dwelling and Group Home Refer to Section 5.2 6.2.2 Zone Provisions for Semi-Detached (both units on same lot), Duplex, Two Unit Dwelling, Triplex Dwelling, Three Unit Dwelling and Four Unit Dwelling (a) Lot Area (minimum) i) on municipal water and municipal sewer 650 square metres ii) on municipal water or municipal sewer 2025 square metres iii) on private well and private septic system 4050 square metres 106 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 R2 ZONE (b) Lot Frontage (minimum) i) on municipal water and municipal sewer 18 metres ii) on municipal water or municipal sewer 30 metres iii) on private well and private septic system 30 metres (c) Front Yard Depth (minimum) 7.5 metres (d) Interior Side Yard Width (minimum) 3 metres (e) Exterior Side Yard Width (minimum) 7.5 metres (f) Rear Yard Depth (minimum) 7.5 metres (g) Lot Coverage (maximum) i) on municipal water and municipal sewer 45% ii) on municipal water or municipal sewer 45% iii) on private well and private septic system 33% (h) Building Height (maximum) 10.5 metres (i) Open Storage: In accordance with the provisions for Open Storage in Section 3 - General Provisions of this By-law. (j) Parking and Loading: In accordance with the provisions for Parking and Loading in Section 3 - General Provisions of this By-law. (k) Separation Distance: In accordance with the provisions for Separation Distance in Section 3 - General Provisions of this By-law. (l) Setbacks: In accordance with the provisions for Setbacks in Section 3 - General Provisions of this By-law. (m) Accessory Uses, Buildings and Structures: Notwithstanding any Zone Provisions of this zone to the contrary, Uses, Buildings and Structures that are accessory to the permitted uses of this zone shall be permitted in accordance with the requirements for Accessory Uses, Buildings and Structures in Section 3.0 General Provisions of this By-law. 107 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 R2 ZONE 6.2.3 Zone Provisions for Semi-Detached (each unit on a separate lot) (a) Lot Area (minimum) i) on municipal water and municipal sewer 325 square metres ii) on municipal water or municipal sewer 1400 square metres iii) on private well and private septic system 2025 square metres (b) Lot Frontage (minimum) i) on municipal water and municipal sewer 9 metres ii) on municipal water or municipal sewer 15 metres iii) on private well and private septic system 30 metres (c) Side Yard along common wall 0 metres (d) All other provisions of Section 6.2.2 apply. 6.2.4 Zone Provisions for Apartment Dwelling and Multiple Attached Dwelling (a) Lot Area (minimum) i) on municipal water and municipal sewer 750 square metres ii) on municipal water or municipal sewer 2025 square metres iii) on private well and private septic system 4050 square metres (b) Lot Frontage (minimum) 30 metres (c) Front Yard Depth (minimum) 7.5 metres (d) Side Yard Width (minimum) 3.0 metres or one-half the height of the building, whichever is greater (e) Exterior Side Yard Width (minimum) 7.5 metres (f) Rear Yard Depth (minimum) 7.5 metres (g) Lot Coverage (maximum) 33% (h) Building Height (maximum) 14 metres (i) Open Storage: In accordance with the provisions for Open Storage in Section 3 - General Provisions of this By-law. (j) Parking and Loading: In accordance with the provisions for Parking and Loading in 108 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 R2 ZONE Section 3 - General Provisions of this By-law. (k) Separation Distance: In accordance with the provisions for Separation Distance in Section 3 - General Provisions of this By-law. (l) Setbacks: In accordance with the provisions for Setbacks in Section 3 - General Provisions of this By-law. (m) Accessory Uses, Buildings and Structures: Notwithstanding any Zone Provisions of this zone to the contrary, Uses, Buildings and Structures that are accessory to the permitted uses of this zone shall be permitted in accordance with the requirements for Accessory Uses, Buildings and Structures in Section 3.0 General Provisions of this By-law. 6.3 EXCEPTION ZONES (a) Residential Two - Exception One (R2-E1) Zone Notwithstanding Section 3.11 or any other provisions of this By-law to the contrary, for the lands located in the R2-E1 Zone within part of Lot 180, Range B South, geographic Township of Sherwood, former Village of Barry's Bay, being all of Lot 5 in Registered Plan No. 143 and with a civic address of 26 Conway Street, the following provisions shall apply: (i) The front lot line is deemed to be the lot line abutting Inglis Street. (ii) Minimum Rear Yard Depth 3 metres (b) Residential Two - Exception Two (R2-E2) Zone Notwithstanding any other provision of this By-law to the contrary, for the lands located within the R2-E2 Zone within part of Lot 27 and 28, Concession 5, in the geographic Township of Sherwood, the following provisions shall apply: (i) Permitted Residential Uses - cluster housing development - single detached dwellings - cluster dwellings (ii) Permitted Non-Residential Uses - central amenity complex - private club - active recreational uses - passive recreational uses 109 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 R2 ZONE (iii) Zone Provisions for Permitted Uses on an Existing Lot No person shall erect, alter or use any building or structure on an existing lot in the R2-E2 Zone except in accordance with the following provisions: (a) Lot Area (minimum) 6 hectares (b) Lot Frontage (minimum) 30 metres (c) Front Yard Depth (minimum) 7.5 meters (d) Exterior Side Yard Width (minimum) 3.0 metres (e) Interior Side Yard Width (minimum) 1.5 metres (f) Rear Yard Depth (minimum) 7.5 metres (g) Dwelling Unit Area (minimum) 55 square metres (h) Lot Coverage (maximum) 40% (i) Building Height (maximum) 14 metres (iv) Zone Provisions for New Lots or Land Units Created by a Vacant Land Condominium: No person shall erect, alter or use any building or structure on a new lot or land unit created by a vacant land condominium in the R2-E2 Zone except in accordance with the following provisions: (a) Lot/Land Unit Area (minimum) 150 square metres (b) Lot/Land Unit Frontage (minimum) 6.0 metres (c) Front Yard Depth (minimum) 3.0 metres (d) Exterior Side Yard Width (minimum) 3.0 metres (e) Interior Side Yard Width (minimum) 3.0 metres (no side yard required when lot line(s) is based on common wall) (f) Rear Yard Depth (minimum) 3.0 metres (g) Dwelling Unit Area (minimum) 75 square metres (h) Lot Coverage (maximum) 65% (i) Building Height (maximum) 14 metres (v) Parking (a) A minimum of one (1) parking space per dwelling unit. (vi) Water Setback (a) A minimum setback of 30 metres from the high water mark. (vii) Definitions (a) CLUSTER HOUSING DEVELOPMENT means a group of single detached, two/three/four unit dwellings or multiple attached dwellings built close together on a large property so as to preserve open spaces for common recreation. 110 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 R2 ZONE (b) CLUSTER DWELLING means a building that is connected vertically into two or more dwelling units each of which has a separate and independent entrance at finished grade, with no interior access between each dwelling unit. (c) CENTRAL AMENITY COMPLEX means a building or buildings used as meeting, social and/or recreational purposes by members of a Cluster Housing Development and their guests. (d) LAND UNIT means a parcel or area of land created by a vacant land condominium. A land unit shall have the same meaning as a "Lot" for the purposes of interpreting the zone provisions of this by-law with the exception that each land unit may have frontage and access along a private road which is described as a common element condominium. (c) Residential Two - Exception Three (R2-E3) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the R2-E3 Zone within part of Lot 179, Range "B" North, in the geographic Township of Sherwood (Barry's Bay), now in the Township of Madawaska Valley, designated as Part 2 of Reference Plan 49R-3475, and known as 19642 Opeongo Line, the following provisions shall apply to the existing duplex dwelling: i) Front Yard Depth (minimum) 1.75 metres ii) Interior Side Yard Width (minimum) 0 metres (d) Residential Two - Exception Four (R2-E4) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the R2-E4 Zone, located in Part of Lot 31 on Plan 143, in the geographic Township of Sherwood, now in the Township of Madawaska Valley, and known municipally as 39 Dunn Street, a four unit dwelling shall be a permitted use and the following provisions shall apply: a) Zone Provisions i) Lot Area (minimum) 380 square metres ii) Front Yard Depth (minimum) 0 iii) Interior Side Yard Width (minimum) 0.5 metres iv) Rear Yard Depth (minimum) 1.0 metre v) Dwelling Unit Area (minimum) 45 square metres vi) Lot Coverage (maximum) 85% b) Parking i) A minimum of one parking space per dwelling unit. 111 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 R2 ZONE (e) Residential Two - Exception Five (R2-E5) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the R2-E5 Zone, located in Lots 70 and 71 on Plan 143 and Part of Lot 76 on Plan 184, in the geographic Township of Sherwood, now in the Township of Madawaska Valley, and known municipally as 44 Dunn Street, the following provisions shall apply: a) Permitted Uses i) Two unit dwelling b) Zone Provisions i) Front Yard Depth (minimum) 2.4 metres ii) Interior Side Yard Width (minimum) 0.3 metres. (g) Residential Two - Exception Seven (R2-E7) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the R2-E7 Zone, described as Part of Lots 178 & 179, Range B North, in the geographic Township of Sherwood, now in the Township of Madawaska Valley, and known municipally as 46 Murray Park Street, the only permitted residential uses shall be: - Single detached dwelling - Semi-detached dwelling (on the same lot) - Duplex - Two unit dwelling. (h) Residential Two - Exception Eight (R2-E8) Notwithstanding any other provision of this By-law to the contrary, for the property know as Lot 7, Plan 143, in the geographic Township of Sherwood, in the Village of Barry's Bay, located in the Residential Two - Exception Eight (R2-E8) Zone, the required parking shall be permitted in the exterior side yard and front yard and the following provisions shall apply: (i) Front Yard Depth (minimum) 6 metres (ii) Exterior Side Yard Width (minimum) 6 metres (iii) Rear Yard Depth (minimum) 3 metres. 6.4 HOLDING ZONES (a) Residential Two - Exception - Holding (R2-E2-h) Zone 112 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 R2 ZONE Until such time that the holding (h) symbol is removed from any land zoned Residential Two - Exception Two (R2-E2), in accordance with the conditions set forth herein, no person shall use land or erect or use a building or structure except in accordance with the following: (1) Permitted Uses - existing uses in existing locations - open space uses - passive recreation uses - a maximum of three (3) dwelling units and/or cluster dwelling units which may be used as model homes, provided that an approved Site Plan is in place, prior to the issuance of building permits. (2) Conditions for Removal of Holding (h) Symbol The conditions that must be satisfied prior to removal of the holding symbol are: (i) that site plans and supporting documentation be provided to the satisfaction of Municipality to address such matters as landscaping, buffering, access, site servicing, lot grading, drainage, storm water management and a water retention area during construction. (ii) that the Owner enter into any site plan agreements considered necessary by the Municipality in order to implement the matters addressed on the site plans. 113 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 LSR ZONE _____________________________________________________________________________________________________ SECTION 7.0 - REQUIREMENTS FOR LIMITED SERVICE RESIDENTIAL (LSR) ZONE 7.1 PERMITTED USES No person shall use any land or erect or use any building or structure in any LSR Zone except for: (a) Residential Uses - limited service dwelling - sleep cabin (b) Non-Residential Uses - private park - public park 7.2 ZONE PROVISIONS No person shall use any lot or erect, alter or use any building or structure in any LSR Zone except in accordance with the following provisions: (a) Lot Area (minimum) 4050 square metres (b) Lot Frontage (minimum) 45 metres except that, where the right-of-way dead ends, the minimum lot frontage shall be the width of the right-of-way (c) Water Frontage (minimum) 45 metres (d) Front Yard Depth (minimum) 7.5 metres (e) Interior Side Yard Width (minimum) 3 metres (f) Exterior Side Yard Width (minimum) 7.5 metres (g) Rear Yard Depth (minimum) 7.5 metres (h) Lot Coverage (maximum) 33% (i) Building Height (maximum) 10.5 metres 114 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 LSR ZONE _____________________________________________________________________________________________________ (j) Open Storage: In accordance with the provisions for Open Storage in Section 3 - General Provisions of this By-law. (k) Parking and Loading: In accordance with the provisions for Parking and Loading in Section 3 - General Provisions of this By-law. (l) Separation Distance: In accordance with the provisions for Separation Distance in Section 3 - General Provisions of this By-law. (m) Setbacks: In accordance with the provisions for Setbacks in Section 3 - General Provisions of this By-law. (n) Sleep Cabin: In accordance with the provisions for Sleep Cabin in Section 3-General Provisions of this By-law. (o) Accessory Uses, Buildings and Structures: Notwithstanding any Zone Provisions of this zone to the contrary, Uses, Buildings and Structures that are accessory to the permitted uses of this zone shall be permitted in accordance with the requirements for Accessory Uses, Buildings and Structures in Section 3 - General Provisions of this By-law. 7.3 EXCEPTION ZONES (a) Limited Service Residential - Exception One (LSR-E1) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the LSR-E1 Zone in part of Lot 27, Concession 2 and a portion of the former shoreline road allowance in front of Lot 27, Concession 2, geographic Township of Sherwood, and more particularly described as Parts 12, 13 and 14 on Reference Plan 49R-5243, with a civic address of 6 Krafchik Lane, the following provisions shall apply: i) The minimum water setback for all buildings and structures shall be 11.88 metres; and ii) All other provisions of the LSR Zone and this By-law shall apply to the lands zoned LSR-E1. (b) Limited Service Residential - Exception Two (LSR-E2) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the LSR-E2 Zone within part of Lot 125, Range B South, geographic Township of Jones, and more particularly described as Part 1 on Reference Plan 49R-1340, with a civic address of 238A Carp Lane, the following provisions shall apply: i) Lot Area (minimum) 1300 square metres ii) Lot Frontage (minimum) 33.0 metres 115 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 LSR ZONE _____________________________________________________________________________________________________ iii) Front Yard Depth (minimum) 6.0 metres iv) Water Setback (minimum) 28.0 metres (c) Limited Service Residential - Exception Three (LSR-E3) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the LSR-E3 Zone within part of Lot 27, Concession 6, geographic Township of Jones, the minimum lot frontage shall be 10 metres. (d) Limited Service Residential - Exception Four (LSR-E4) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the LSR-E4 Zone within part of Lot 18, Concession 7, geographic Township of Jones, a seasonal dwelling may be constructed on a lot that is accessed by a Crown Road which leads to a seasonally maintained public road. (e) Limited Service Residential - Exception Five (LSR-E5) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the LSR-E5 Zone and described as Lot 34 in Registered Plan No. 386 on Island "A" in Paugh Lake, geographic Township of Burns, an addition not exceeding 25 square metres in gross floor area is permitted to an existing seasonal dwelling on an island and the following provisions shall also apply: i) Front Yard Depth (minimum) 1 metre ii) Water Setback (minimum) 21 metres (f) Limited Service Residential - Exception Six (LSR-E6) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the LSR-E6 Zone on McMaster Lake within part of Lot 25, Concession 4, geographic Township of Jones, a limited service dwelling may be erected or used on a lot with frontage on a private road. (g) Limited Service Residential - Exception Seven (LSR-E7) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the LSR-E7 Zone on McMaster Lake within part of Lot 25, Concession 4, geographic Township of Jones, a limited service dwelling may be erected or used on a lot with a minimum lot frontage of 9.14 metres on a 9.14 metre wide private road. (h) Limited Service Residential - Exception Eight (LSR-E8) Zone Notwithstanding any other provisions of this By-law to the contrary, for lands located in the LSR-E8 Zone on the Schedules to this By-law, no person shall erect any building or structure, including a private sewage disposal system, except in accordance with the following provision: 116 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 LSR ZONE _____________________________________________________________________________________________________ Water Setback (minimum) 20 metres (i) Limited Service Residential - Exception Nine (LSR-E9) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the LSR-E9 Zone on part of Welchman's Island, geographic Township of Sherwood, the following provisions shall apply: i) Front Yard Depth (minimum) 16 metres (as measured from the single detached dwelling to the limits of Mask Island Drive) ii) Rear Yard Depth (minimum) 1.5 metres iii) Water Setback (minimum) 12 metres (j) Limited Service Residential - Exception Ten (LSR-E10) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the LSR-E10 Zone on part of Welchman's Island, geographic Township of Sherwood, with a civic address of 53 Mask Island Drive, the minimum lot frontage requirement shall be 28 metres. (k) Limited Service Residential - Exception Eleven (LSR-E11) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the LSR-E11 Zone within Part of Lot 34, Concession 7, and part of the road allowance along Trout Lake lying in front of Lot 34, Concession 7, geographic Township of Sherwood, and more particularly described as Parts 2 and 4 on Reference Plan 49R-14690, the following provisions shall apply: i) Water Setback (minimum) 18 metres ii) An accessory storage shed may be erected prior to the construction of the limited service dwelling on the lands zoned LSR-E11. (l) Limited Service Residential - Exception Twelve (LSR-E12) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the LSR-E12 Zone in part of Lot 27, Concession 2, geographic Township of Sherwood, with a civic address of 80 Blueberry Point Lane, a detached garage is permitted with a minimum water setback of 15 metres. (m) Limited Service Residential - Exception Thirteen (LSR-E13) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the LSR-E13 Zone on part of Welchman's Island in the geographic Township of Sherwood, the following provisions shall apply: i) Lot Area (minimum) 4000 square metres 117 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 LSR ZONE _____________________________________________________________________________________________________ ii) Lot Frontage (minimum) 22 metres iii) The provision of Section 3.22 Outdoor Furnaces shall not apply. (n) Limited Service Residential - Exception Fifteen (LSR-E15) Zone Notwithstanding any other provisions of this By-law to the contrary, for those lands located in the LSR-E15 Zone within Part Lot 10, Concession 5, Geographic Township of Jones, the only permitted residential uses are seasonal dwellings. The vegetative buffer within the 30 metre water setback shall be maintained. (o) Limited Service Residential - Exception Sixteen (LSR-E16) Zone Notwithstanding any other provision of this By-law to the contrary, for the lands located in the LSR-E16 Zone within Part of Lots 163 to 166, Range "B" North, geographic Township of Sherwood, now in the Township of Madawaska Valley, the only permitted residential use shall be a limited service dwelling that is accessed by a municipal unopened road allowance in conjunction with a written agreement with the Township to use the unopened road allowance for access. The following provision shall also apply; i) Lot Frontage (minimum) 0 metres ii) Water Frontage (minimum) 0 metres. (p) Limited Service Residential - Exception Seventeen (LSR-E17) Zone Notwithstanding any other provision of this By-law to the contrary, for the lands located in the LSR-E17 Zone within Part of Lot 27, Concession 2, geographic Township of Sherwood, now in the Township of Madawaska Valley, known municipally as 20A Stamplecoski Trail and delineated as Limited Service Residential-Exception Seventeen (LSR-E17) on Schedule "A" to this By-law, the following provision shall apply: i) Water Setback (minimum) 13 metres (q) Limited Service Residential - Exception Eighteen (LSR-E18) Zone Notwithstanding any other provision of this By-law to the contrary, for the lands located in the LSR-E18 Zone within Part of Lot 20, Concession 3, and Part of the Shoreline Road Allowance along Diamond Lake in front of Lot 20, Concession 3, designated as Part 1 on Reference Plan 49R-15584, geographic Township of Radcliffe, now in the Township of Madawaska Valley, and known as 324D Finch Road, the following provision shall apply: i) Water Setback (minimum) 7 metres (r) Limited Service Residential - Exception Nineteen (LSR-E19) Zone 118 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 LSR ZONE _____________________________________________________________________________________________________ Notwithstanding any other provision of this By-law to the contrary, including section 3.14.2(a), for the lands located in the LSR-E19 Zone within part of Lot 19, Concession 4, geographic Township of Burns, now in the Township of Madawaska Valley, located at 16 Blue Sea Lake Lane and described as Lot 30 of Registered Plan 361, an addition to an existing cottage is permitted subject to the following provision: i) Water Setback (minimum) 20 metres. (s) Limited Service Residential - Exception Twenty (LSR-E20) Zone Notwithstanding any other provision of this By-law to the contrary, for the lands located in the LSR-E20 Zone within part of Lot 158, Range "B" South, and part of the road allowance along Trout Lake designated as Part 1 on Reference Plan 49R- 17156, in the geographic Township of Sherwood, now in the Township of Madawaska Valley, and located at 4 Linton Lane, the following provisions shall apply: i) Water Setback (minimum) 12 metres ii) Interior Side Yard Width (minimum) 1.7 metres. (t) Limited Service Residential - Exception Twenty One (LSR-E21) Zone Notwithstanding any other provision of this By-law to the contrary, for the lands located in the LSR-E21 Zone within Part of Lot 23, Concession 10, in the geographic Township of Radcliffe, now in the Township of Madawaska Valley, and known as 42 Suncrest Lane, three existing limited service dwellings shall be permitted. (u) Limited Service Residential - Exception Twenty Two (LSR-E22) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the LSR-E22 Zone within part of Lots 33 & 34, Concession 6, in the geographic Township of Sherwood, now in the Township of Madawaska Valley, and are located at 43 Kubishack Lane, existing accessory buildings shall be permitted on lands without a principal or main use, building or structure. (v) Limited Service Residential - Exception Twenty Three (LSR-E23) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the LSR-E23 Zone within Part of Lot 16, Concession 3, in the geographic Township of Radcliffe, now in the Township of Madawaska Valley, a maple sugar camp on a lot that fronts on an unopened road allowance is a permitted use. MAPLE SUGAR CAMP means a building or structure intended to provide basic shelter and accommodation on an occasional basis for persons and associated equipment engaged in the production of maple syrup derived on site. 119 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 LSR ZONE _____________________________________________________________________________________________________ (w) Limited Service Residential - Exception Twenty Four (LSR-E24) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the LSR-E24 Zone within Part of Lot 24, Concession 4, in the geographic Township of Jones, now in the Township of Madawaska Valley, and known municipally as 1136 Lornie Lane and partially designated as Parts 1, 2 & 3 on Reference Plan 49R-17293: Lot Frontage (minimum) 20 metres (x) Limited Service Residential - Exception Twenty Five (LSR-E25) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the LSR-E25 Zone, including the part of the road allowance along the Madawaska River in front of Lot 6, Concession 7 and within Part of Lot 6, Concession 7, in the geographic Township of Radcliffe and known municipally as 81 Drevniok Road, the following provision shall apply: i) Lot Frontage (minimum) 26 metres (y) Limited Service Residential - Exception Twenty Six (LSR-E26) Zone Notwithstanding any provisions of this By-law to the contrary, for the lands located in the LSR-E26 Zone within Part of Lot 27, Concession 9, in the geographic Township of Radcliffe, now in the Township of Madawaska Valley, the provisions of Section 3.14.2(a), Lots to Front on Streets, shall not apply and a seasonal dwelling shall be the only permitted residential use. (z) Reserved (aa) Limited Service Residential - Exception Twenty Seven (LSR-E27) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the LSR-E27 Zone within Parts of Lot 24, Concession 4, and that part of the Shoreline Road Allowance along McMaster Lake, in front of Lot 24, Concession 4, designated as Part 2 on Reference Plan 49R-16269, in the geographic Township of Jones, now in the Township of Madawaska Valley, the following provisions shall apply: i) Interior Side Yard Width for garage (minimum) 2 metres (bb) Limited Service Residential - Exception Twenty Eight (LSR-E28) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the LSR-E28 Zone within Part of Lot 12, Concession 2, and Part of the Shoreline Road Allowance along the Madawaska River in front of Lot 12, 120 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 LSR ZONE _____________________________________________________________________________________________________ Concession 2, designated as Parts 1, 2 and 3 on Reference Plan 49R-7295, in the geographic Township of Radcliffe, now in the Township of Madawaska Valley, and known as 172 Kunkle Lane, the following provisions shall apply: i) Water Setback (minimum) 23 metres (cc) Limited Service Residential - Exception Twenty Nine (LSR-E29) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the LSR-E29 Zone within Part of Lot 21, Concession 12 and part of the Shoreline Road Allowance along Wadsworth Lake, in the geographic Township of Radcliffe, now in the Township of Madawaska Valley, designated as Parts 1 and 3 of Reference Plan 49R-17823, and know as 1 Falcon Lane, the following provisions shall apply: i) Lot Area (minimum) 2700 square metres ii) Water Frontage (minimum) 39 metres (dd) Limited Service Residential - Exception Thirty (LSR-E30) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the LSR-E30 Zone within Part of Lot 20, Concession 13, in the geographic Township of Radcliffe, now in the Township of Madawaska Valley, the water setback (minimum) shall be 20 metres. (ee) Limited Service Residential - Exception Thirty One (LSR-E31) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the LSR-E31 Zone within Part of Lot 7, Concession 9 and part of the Shoreline Road Allowance along Blackfish Bay (Madawaska River), in the geographic Township of Radcliffe, now in the Township of Madawaska Valley, the following provisions shall apply: i) Lot Area (minimum) 3500 square metres ii) Lot Frontage (minimum) 32 metres. (ff) Limited Service Residential - Exception Thirty Two (LSR-E32) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the LSR-E32 Zone within Part of Welshman's Island, in Barry's Bay, in the geographic Township of Sherwood, now in the Township of Madawaska Valley, and known as 218 Mask Island Drive, the water setback (minimum) shall be 15 metres. No person shall erect any building or structure, including additions, except in accordance with the mitigation steps outlined in the Environmental Impact Assessment prepared by idNOR Inc. dated July 10, 2012. A copy of this report shall accompany any application for a building permit. 121 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 LSR ZONE _____________________________________________________________________________________________________ (gg) Limited Service Residential - Exception Thirty Three (LSR-E33) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the LSR-E33 Zone within Part of Lot 6, Concession 7, and part of the Shoreline Road Allowance along the Madawaska River, in the geographic Township of Radcliffe, now in the Township of Madawaska Valley, known as 81 Drevniok Road, and designated as part of Part 1 and Part 3 of Reference Plan 49R-15439, two existing dwellings are permitted and the following provisions shall apply: i) Lot frontage (minimum) 31 metres ii) Water Frontage (minimum) 26 metres. (hh) Limited Service Residential - Exception Thirty Four (LSR-E34) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the LSR-E34 Zone, designated as Part 1 of Reference Plan 49R-16736 and Part 1 of Reference Plan 49R-16910, known as 206 Mask Island Drive, and comprising part of Welchman's Island, in the geographic Township of Sherwood, for any construction, a sediment barrier (e.g. geotextile, or staked straw bales) shall be installed and maintained along the top edge of the slope above the high water mark of Kamaniskeg Lake to prevent possible erosion or sedimentation of the riparian area, and the following provisions shall apply: i) Lot Area (minimum) 1980 square metres ii) Lot Frontage (minimum) 34 metres iii) Front Yard Depth for a dwelling (minimum) 4.5 metres iv) Interior Side Yard Width for a dwelling (minimum) 1.75 metres v) Water Setback for a dwelling (minimum) 27 metres. (ii) Limited Service Residential - Exception Thirty Five (LSR-E35) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the LSR-E35 Zone, within part of Lots 18 and 19, Concession 6, in the geographic Township of Jones, a 30 metre wide vegetative buffer along the shoreline of Bark Lake and a 15 metre wide vegetative buffer along any other watercourse shall be maintained. (a) Provisions i) A limited service dwelling with frontage on a common element roadway approved under a plan of condominium shall be permitted; ii) The minimum lot frontage on the common element roadway for Lots 1-5, inclusive, on the Draft Plan dated October 11, 2016 (Ref: 16- 5141: Draft Plan of Subdivision File No. 47-T-16003), shall be 30 metres; iii) The 30 metre water setback shall be measured from the 313.94 metre (1030 foot) contour, which is the elevation that Ontario Power Generation (OPG) can flood to under the Licence of Occupation 9775; 122 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 LSR ZONE _____________________________________________________________________________________________________ iv) All applications for building permits shall be accompanied by a survey prepared by an Ontario Land Surveyor showing the 30 metre water setback from Bark Lake and 15 metre water setback from any other watercourse, and a site plan in accordance with the approved landscape plan; v) Buildings and structures are permitted within the OPG Flooding Easement designated as Parts 1, 4 and 7 on Reference Plan 49R- 18463, but shall meet the minimum water setback of 30 metres. vi) The minimum water frontage for Lot 12 shall be 35 metres. (a) Definitions VEGETATIVE BUFFER means a strip or corridor of vegetation adjacent to a lake or watercourse which is intended to achieve, among other objectives, the protection of water quality by filtering out sediment and other pollutants from run-off from the land. The details of the vegetative buffer (e.g., types of vegetation, maintenance requirements etc.) shall be in accordance with the approved landscape plan under the subdivision agreement and implemented through the lot-specific site plan process. (b) WATER FRONTAGE means the straight line horizontal distance between the two most widely separated points along the present water's edge as shown on the draft plan dated October 11, 2016 (Ref: 16-5141: Draft Plan of Subdivision File No. 47-T-16003). (jj) Limited Service Residential - Exception Thirty Six (LSR-E36) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the LSR-E36 Zone, designated as Parts 1 & 2 on 49R-17947 and Part 1 on 49R-18302, and being within part of Lot 34, Concession 7 and Part of the Shoreline Road Allowance along Trout Lake, in the geographic Township of Sherwood the following provisions shall apply: i) Water Setback for a dwelling (minimum) 12 metres ii) Water Setback for a private sewage disposal system (minimum) 15 metres. (kk) Limited Service Residential - Exception Thirty Seven (LSR-E37) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the LSR-E37 Zone, being part of Lots 27 and 28, Concession 5, and part of the Shoreline Road Allowance along Greenan's Lake, in the geographic Township of Jones, and designated Parts 1, 2, 3, 4, 5 and 6, on Reference Plan 49R-18455, the only permitted uses shall be seasonal dwellings. 123 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 LSR ZONE _____________________________________________________________________________________________________ (ll) Limited Service Residential - Exception Thirty Eight (LSR-E38) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the LSR-E38 Zone, being part of Lot 10, Concession 5, in the geographic Township of Jones, the only permitted residential use is a seasonal dwelling, and the following provision shall apply: Water Frontage (minimum) 24 metres. A sleep cabin shall be an additional permitted use and the following provisions shall apply to the sleep cabin: i) Cooking facilities are permitted ii) Gross floor area (maximum) 66 square metres iii) Building Height (maximum) 6.5 metres iv) Two bedrooms (maximum) v) One common kitchen/living room (maximum) vi) One bathroom (maximum) vii) One mechanical room (maximum). (mm) Reserved (nn) Limited Service Residential - Exception Forty (LSR-E40) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the LSR-E40 Zone, located in part of Lot 17, Concession 4, in the geographic Township of Sherwood, now in the Township of Madawaska Valley the only permitted use shall be a seasonal dwelling. (oo) Limited Service Residential - Exception Forty-One (LSR-E41) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the LSR-E41 Zone, located in Part of Lot 13, Concession 7, in the geographic Township of Jones, now in the Township of Madawaska Valley, to permit seasonal residential use only. (pp) Limited Service Residential - Exception Forty-Two (LSR-E42) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the LSR-E42 Zone, located in Part of Lot 13, Concession 7, in the geographic Township of Jones, now in the Township of Madawaska Valley, to permit seasonal residential use only and the following provisions shall apply: i) Lot Line Front means the lot line that divides the lot from the unopened road allowance. ii) Lot Frontage (minimum) 45 metres. 124 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 LSR ZONE _____________________________________________________________________________________________________ (qq) Limited Service Residential - Exception Forty-Three (LSR-E43) Notwithstanding Sections 3.30(d), 7.2(g) or any other provisions of this By-law to the contrary, for the lands located in the LSR-E43 Zone, located in part of Lots 33 and 34, Concession 6 and in part of the Shoreline Road Allowance along Trout Lake, in the geographic Township of Sherwood, now in the Township of Madawaska Valley, for any construction, a sediment barrier (e.g. geotextile, or staked straw bales) shall be installed and maintained along the top edge of the slope above the high water mark of Trout Lake to prevent possible erosion or sedimentation of the riparian area, and the following provisions shall apply: Dwelling i) Rear yard setback (minimum) 3.3 metres ii) Water setback from the high water mark (minimum) 7.6metres Decks i) Rear yard setback (minimum) 0.3 metres ii) Water setback from the high water mark (minimum) 4.6 metres. (rr) Limited Service Residential - Exception Forty-Four (LSR-E44) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the LSR-E44 Zone, located in Part of Lots 4 & 5, Concession 14, in the geographic Township of Radcliffe, now in the Township of Madawaska Valley, and known municipally as 131 Horseshoe Lane, The following provision shall apply: a) Lot Frontage (minimum) 7 metres. (ss) Limited Service Residential - Exception Forty-Five (LSR-E45) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the LSR-E45 Zone, located in Part of Lots 4 & 5, Concession 14, in the geographic Township of Radcliffe, now in the Township of Madawaska Valley, and known municipally as 131 Horseshoe Lane, a building or structure may be erected or used on a lot which has public road frontage but is accessed by a private road. (tt) Limited Service Residential - Exception Forty-Six (LSR-E46) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the LSR-E46 Zone, located in Part of Lots 21 & 22, Concession 12, in the geographic Township of Radcliffe, now in the Township of Madawaska Valley, and known municipally as 1109A Dombroskie Road, the following provision shall apply: i) Water Setback (minimum) 21 metres. 125 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 LSR ZONE _____________________________________________________________________________________________________ (uu) Limited Service Residential - Exception Forty-Seven (LSR-E47) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the LSR-E47 Zone, located in Part of Lot 28, Concession 1, and Parts of the Shoreline Road Allowance along Kamaniskeg Lake, designated as Parts 1 and 2 on Reference Plan 49R-19127, in the geographic Township of Sherwood, now in the Township of Madawaska Valley, and know municipally as 211 Wales Drive, the following provision shall apply: i) Water Setback for a deck and stairs (minimum) 18 metres. (vv) Limited Service Residential - Exception Forty-Eight (LSR-E48) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the LSR-E48 Zone, located in Part of Lot 17, Concession 4, Lots 10 and 10A, Plan 308, and Part of the Shoreline Road Allowance along Paugh Lake designated as Part 1 on Reference Plan 49R-10875, in the geographic Township of Burns, now in the Township of Madawaska Valley, and known municipally as 1003A Wilowski Drive, the following provision shall apply: i) Water Setback (minimum) 16 metres. (ww) Limited Service Residential - Exception Forty-Nine (LSR-E49) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the LSR-E49 Zone, located in Lot 3, Registered Plan 354 and Part of the Shoreline Road Allowance along Carson Lake designated as Part 3 on Reference Plan 49R-6655, in the geographic Township of Burns, now in the Township of Madawaska Valley, and known municipally as 319A Otter Lake Lane, the following provisions shall apply: An un-serviced Sleep Cabin with a maximum area of 15 square metres shall be an additional permitted use. Water setback for a dwelling (minimum) 15 metres Water setback for a garage (minimum) 29 metres. (xx) Limited Service Residential - Exception Fifty (LSR-E50) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the LSR-E50 Zone, located in Part of Lot 10, Concession 2, in the geographic Township of Radcliffe, now in the Township of Madawaska Valley, and known municipally as 33A, 33B and 33C Osprey Lane, the following provisions shall apply: i) No Buildings or structures shall be permitted on lands below 283.46 metres (930 feet) G.S.C. 126 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 LSR ZONE _____________________________________________________________________________________________________ ii) Development on lands above 283.46 metres (930 feet) but below 284.4 metres (933 feet) shall be floodproofed to the floodplain design elevation of 284.7 metres (934 feet). iii) Driveways and private road shall be floodproofed to an elevation of 284.0 metres (932 feet). iv) An elevation survey and plot plan prepared by an Ontario Land Surveyor or qualified engineer shall accompany an application for a building permit in order to confirm that development is to proceed in accordance with the requirements of this By-law. (yy) Limited Service Residential - Exception Fifty-One (LSR-E51) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the LSR-E51 Zone, located in Part of Welshman's Island, in the geographic Township of Sherwood, now in the Township of Madawaska Valley, and known municipally as 164 Mask Island Drive, the following provision shall apply: Water Setback for a dwelling and deck (minimum) 11 metres. (zz) Limited Service Residential - Exception Fifty-Two (LSR-E52) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the LSR-E52 Zone, located in Part of Lot 26, Concession 2, in the geographic Township of Sherwood, now in the Township of Madawaska Valley, and known municipally as 26 Blueberry Point Drive, the following provisions shall apply: i) Water Setback for a dwelling (minimum) 15 metres ii) Front Yard Depth (minimum) 4 metres. (aaa) Limited Service Residential - Exception Fifty-Three (LSR-E53) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the LSR-E53 Zone, located within Part of Lots 2-4, Concession 8, and Lots 2 and 3, Concession 9, in the geographic Township of Radcliffe, now in the Township of Madawaska Valley, and known municipally as 835 Chippawa Road, the following shall apply: i) A limited service dwelling (single detached) with frontage on a common element roadway approved under a plan of condominium shall be permitted. (bbb) Limited Service Residential - Exception Fifty-Four (LSR-E54) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the LSR-E54 Zone, described as Part of Lot 11, Concession 3, and Part of the Shoreline Road Allowance along the Madawaska River, designated as Parts 1-6 on 127 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 LSR ZONE _____________________________________________________________________________________________________ Reference plan 49R-19304, in the geographic Township of Radcliffe, now in the Township of Madawaska Valley, and known municipally as 65 Procino Way, a sleep cabin shall be a permitted use. The following provisions shall apply: Dwelling i) Water Setback (minimum) 9 metres ii) Front Yard Depth (minimum) 1.5 metres Firewood Shed i) Side Yard Depth (minimum) - west side 0.4 metres Sleep Cabin i) Water Setback (minimum) 27 metres ii) Front Yard Depth (minimum) 0.4 metres iii) Gross Floor Area (maximum) 28 square metres. (ccc) Limited Service Residential - Exception Fifty-Five (LSR-E55) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the LSR-E55 Zone, described as Part of Lot 7, Concession 7, and Part of Shoreline Road Allowance along the Madawaska River, in the geographic Township of Radcliffe, now in the Township of Madawaska Valley, the following provision shall apply: Water Frontage (minimum) 43 metres. (ddd) Limited Service Residential - Exception Fifty-Six (LSR-E56) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the LSR-E56 Zone, described as Part of Lots 157 & 158, Range 'B' South, designated as Parts 1 and 2 on Reference Plan 49R-12296, in the geographic Township of Sherwood, now in the Township of Madawaska Valley, the following provision shall apply: Water setback (minimum) 24 metres. (eee) Limited Service Residential - Exception Fifty-Seven (LSR-E57) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the LSR-E57 Zone, located within Part of Lot 3, Concessions 8 and 9, in the geographic Township of Radcliffe, now in the Township of Madawaska Valley, and known municipally as 835 Chippawa Road, the following shall apply: i) A limited service dwelling (single detached) with frontage on a common element roadway approved under a plan of condominium shall be permitted. ii) The minimum setback for on-site sewage disposal systems (septic tanks and 128 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 LSR ZONE _____________________________________________________________________________________________________ leaching fields) shall be 100 metres from the high water mark of Green Lake. (fff) Limited Service Residential - Exception Fifty-Eight (LSR-E58) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the LSR-E58 Zone, described as Welchman's (Mask) Island, in the geographic Township of Sherwood, now in the Township of Madawaska Valley7, and described more particularly as part of Part 4 on Reference Plan 49R-10631, the following provision shall apply: Lot Area (minimum) 3900 square metres. (ggg) Limited Service Residential - Exception Fifty-Nine (LSR-E59) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the LSR-E59 Zone, described as Welshman's (Mask Island), in the geographic Township of Sherwood, now in the Township of Madawaska Valley, described as Welshman's (Mask) Island, and described more particularly as part of Part 4 on Reference Plan 49R-10631, residential uses are not permitted. (hhh) Limited Service Residential - Exception Sixty (LSR-E60) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the LSR-E60 Zone, described as Lot 2, Plan 236, and Part of the Shoreline Road Allowance along Blackfish Bay, in the geographic Township of Radcliffe, now in the Township of Madawaska Valley, an existing sleep cabin is permitted and the following provision shall apply: Lot Frontage (minimum) 6 metres. (iii) Limited Service Residential - Exception Sixty-One (LSR-E61) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the LSR-E61 Zone, described as Lot 2, Plan 236, and Part of the Shoreline Road Allowance along Blackfish Bay, in the geographic Township of Radcliffe, now in the Township of Madawaska Valley, the following provisions shall apply: i) Lot Area (minimum) 3270 square metres ii) Lot Frontage (minimum) 6 metres iii) Water Frontage (minimum) 36 metres. (jjj) Limited Service Residential - Exception Sixty-Two (LSR-E62) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the LSR-E62 Zone, described as Lot 38, Plan 361, and Part of the Shoreline Road Allowance along Paugh Lake, designated as Part 1 on Reference Plan 49R-18776, in the geographic Township of Burns, now in the Township of 129 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 LSR ZONE _____________________________________________________________________________________________________ Madawaska Valley, the following provision shall apply: Water setback (minimum) 15.5 metres. (kkk) Limited Service Residential - Exception Sixty-Three (LSR-E63) Notwithstanding any other provisions of this By-law to the contrary, for the land located in the LSR-E63 Zone, known as 198 Mask Island Drive, and comprising part of Welchman's Island, in the geographic Township of Sherwood, prior to and during any construction, a suitable sediment barrier (e.g. geotextile, or staked straw bales) shall be installed and maintained between the area of construction and Kamaniskeg Lake, and the following provisions shall apply: (i) Water setback for a deck (minimum) 20 metres (ii) Water Setback for a dwelling (minimum) 24.5 metres. (lll) Limited Service Residential - Exception Sixty-Four (LSR-E64) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the LSR-E64 Zone, described as Lot 22, Concession 9, in the geographic Township of Jones, now in the Township of Madawaska Valley, a limited service dwelling is permitted on a lot with access over an unopened allowance as per a road agreement with a municipality. (mmm) Limited Service Residential - Exception Sixty-Five (LSR-E65) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the LSR-E65 Zone, described as Part of Lot 7, Concession 6, designated as Part 2 on Reference Plan 49R-8701, and Part of the Shoreline Road Allowance along Madawaska River, designated as Part of Lot 1 on Reference Plan 49R-9301, in the geographic Township of Radcliffe, now in the Township of Madawaska Valley, know municipality as 27 Goldt Lane, the following provision shall apply: Water Setback (minimum) for: i) Dwelling 19.8 metres ii) Unenclosed deck 17.5 metres. (nnn) Limited Service Residential - Exception Sixty-Six (LSR-E66) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the LSR-E66 Zone, described as Part of Lots 28 & 29, Concession 1, in the geographic Township of Sherwood, now in the Township of Madawaska Valley, and known municipally as 190 Wales Drive, the following provisions shall apply for a dwelling: i) Water Setback (minimum) 20 metres ii) Interior Side Yard Width (south) 1 metres. 130 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 LSR ZONE _____________________________________________________________________________________________________ (ooo) Limited Service Residential - Exception Sixty-Seven (LSR-E67) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the LSR-E67 Zone and located in Part of Lot 6, Plan 236, Concession 3, in the geographic Township of Radcliffe, a Sleep Cabin containing a third common room and a gross floor area of 60 square metres shall be an additional permitted use. (ppp) Limited Service Residential - Exception Sixty-Eight (LSR-E68) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the Limited Service Residential Sixty-Eight (LSR-E68) Zone, being part of Lot 27, Concession 2, in the geographic Township of Sherwood, the following provisions shall apply: i) Front Yard Depth (minimum) for a septic system 3.0 metres ii) Interior Side Yard from the south facing lot line (minimum) for a dwelling 1.6 metres iii) Setback from a Private Road (minimum) For a dwelling 7.0 metres iv) Maximum lot coverage of Part 4 on Reference Plan 49R-20508 13% v) Prior to the issuance of any building permit, the agreement contained in Schedule "A" to By-law 2024-64 shall be registered on title to the subject land and the terms of said agreement shall apply. 7.4 INTERIM USES AND STANDARDS (HOLDING) (a) LSR-E4-h (Part of Lot 18, Concession 7, geographic Township of Jones) Until such time that the holding symbol is removed from any of the land in this location zoned LSR-E4-h, in accordance with the conditions set forth herein, no person shall use land or erect or use a building or structure except in accordance with the following: (1) Permitted Uses - existing uses in existing locations - open space - passive recreation that does not require a building (2) Conditions for Removal of Holding Symbol (h) The conditions that must be satisfied prior to the removal of the holding symbol are: i) that the standard for the Crown Road is acceptable to the 131 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 LSR ZONE _____________________________________________________________________________________________________ Municipality for emergency vehicle access, and to the Ministry of Natural Resources for all other construction standards; and ii) that all other requirements of the Ministry of Natural Resources are met. 132 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 SR ZONE _____________________________________________________________________________________________________ SECTION 8.0 - REQUIREMENTS FOR SEASONAL RESIDENTIAL (SR) ZONE 8.1 PERMITTED USES No person shall use any land or erect or use any building or structure in any SR Zone except for: (a) Residential Uses - seasonal dwelling - sleep cabin (b) Non-Residential Uses - forestry - hunting and fishing camp - private park - public park 8.2 ZONE PROVISIONS No person shall use any lot or erect, alter or use any building or structure in any SR Zone except in accordance with the following provisions: (a) Lot Area (minimum) 4050 square metres (b) Lot Frontage (minimum) 45 metres (c) Water Frontage (minimum) 45 metres (d) Front Yard Depth (minimum) 7.5 metres (e) Interior Side Yard Width (minimum) 3 metres (f) Exterior Side Yard Width (minimum) 7.5 metres (g) Rear Yard Depth (minimum) 7.5 metres (i) Lot Coverage (maximum) 33% (j) Building Height (maximum) 10.5 metres (k) Open Storage: In accordance with the provisions for Open Storage in Section 3 - General Provisions of this By-law. 133 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 SR ZONE _____________________________________________________________________________________________________ (l) Parking and Loading: In accordance with the provisions for Parking and Loading in Section 3 - General Provisions of this By-law. (m) Separation Distance: In accordance with the provisions for Separation Distance in Section 3 - General Provisions of this By-law. (n) Setbacks: In accordance with the provisions for Setbacks in Section 3 - General Provisions of this By-law. (o) Accessory Uses, Buildings and Structures: Notwithstanding any Zone Provisions of this zone to the contrary, Uses, Buildings and Structures that are accessory to the permitted uses of this zone shall be permitted in accordance with the requirements for Accessory Uses, Buildings and Structures in Section 3 - General Provisions of this By-law. 8.3 EXCEPTION ZONES (a) Seasonal Residential - Exception One (SR-E1) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the SR-E1 Zone, described as Lot 6 on Registered Plan 432, being Part of Lot 34, Concession 6, in the geographic Township of Sherwood, now in the Township of Madawaska Valley, and known municipally as 464 Weglarz Road, the following provisions shall apply: Dwelling i) Water Setback (minimum) 10 metres ii) Interior Side Yard Width (east) 0.85 metres. 134 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 C ZONE _____________________________________________________________________________________________________ SECTION 9.0 REQUIREMENTS FOR COMMERCIAL (C) ZONE 9.1 PERMITTED USES No person shall use any land or erect or use any building or structure in any C Zone except for: (a) Residential Uses - accessory dwelling units, EXCEPT, in the case of an automotive use where the accessory dwelling unit shall be one single detached dwelling (b) Non-Residential Uses - assembly hall - automotive - body shop - automotive - car wash - automotive - commercial garage - automotive - gasoline bar - automotive - service station - automotive - store - automotive - vehicle sales or rental establishment - bed and breakfast establishment - boat sales, snowmobile, trailer and cycle sales and rentals - building supply store - business and professional offices - clinic - cold storage locker - convenience store - craft shop and/or gallery - dairy - day nursery - eating establishment - eating establishment, take-out - financial institution - funeral home - garden centre - general service shop - hotel - laundromat - mini storage establishment - motel - motor hotel - park - parking lot - personal service shop 135 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 C ZONE _____________________________________________________________________________________________________ - place of entertainment - printing shop - retail store, including one in which the products are manufactured on the premises, provided that the space devoted to such manufacturing is secondary to the retail use - tavern or public house - tourist information booth 9.2 ZONE PROVISIONS No person shall use any land or erect, alter or use any building or structure in any C Zone except in accordance with the following provisions: (a) Lot Area (minimum): i) hotel, motel or motor hotel 2750 square metres plus an additional 185 square metres for each guest room in excess of four guest rooms. ii) other uses NIL (b) Lot Frontage (minimum): i) hotel, motel or motor hotel 30 metres ii) other uses NIL (c) Front Yard Depth (minimum): i) hotel, motel, motor hotel 12 metres ii) all other permitted uses 3 metres (d) Interior Side Yard Width (minimum) NIL, except that where the side lot line abuts a Residential Zone, the minimum side yard width shall be 3.0 metres (e) Exterior Side Yard Width (minimum) i) hotel, motel, motor hotel 12 metres ii) all other permitted uses 3 metres (f) Rear Yard Depth (minimum) 2 metres 136 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 C ZONE _____________________________________________________________________________________________________ (g) Lot Coverage (maximum): on municipal water and municipal sewer 55% i) on municipal water or municipal sewer 45% ii) on private well and private septic system 33% (h) Building Height (maximum): 10.5 metres (i) Open Storage: In accordance with the provisions for Open Storage in Section 3 - General Provisions of this By-law. (j) Parking and Loading: In accordance with the provisions for Parking and Loading in Section 3 - General Provisions of this By-law. (k) Separation Distance: In accordance with the provisions for Separation Distance in Section 3 - General Provisions of this By-law. (l) Setbacks: In accordance with the provisions for Setbacks in Section 3 -General Provisions of this By-law. (m) Additional Zone Provisions: In accordance with the provisions for Automotive Uses, Automotive-Commercial Garage, Gasoline Bar, Service Station in Section 3 - General Provisions of this By-law. (n) Accessory Uses, Buildings and Structures: Notwithstanding any Zone Provision of this zone to the contrary, uses, buildings and structures that are accessory to the permitted uses of this zone shall be permitted in accordance with the requirements for Accessory Uses, Buildings and Structures in Section 3 - General Provisions of this By-law. 9.3 EXCEPTION ZONES (a) Commercial - Exception One (C-E1) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the C-E1 Zone within part of Lots 23 and 24, Registered Plan No. 131 and all of Lots 28 and 29, Registered Plan No. 131, in the geographic Township of Sherwood, in the former Village of Barry's Bay, and more particularly described as Parts 2 and 3 on 49R-8529, with a civic address of 43-45 Stafford Street, the following provisions shall apply: i) Minimum Front Yard Depth 4.26 metres ii) Minimum Side Yard Width NIL iii) Minimum Sight Triangle means the triangular space formed by the street lines of a corner lot and a line down from a point in one street to a point in another street line, each such point being 4.26 metres from the point of intersection of the street lines (measured along the street lines). iv) Minimum Parking Requirements: a minimum of one (1) residential parking space and three (3) non-residential parking spaces shall be provided. The 137 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 C ZONE _____________________________________________________________________________________________________ required parking spaces may be provided within a garage. v) Loading Space Requirements: NIL vi) Notwithstanding any other provision of this By-law to the contrary, an open, roofed porch not exceeding two storeys in height and with a maximum length of 6.0 metres and a width that projects into the minimum required front yard for a maximum distance equivalent to the minimum required front yard of 4.26 metres, including eaves and cornices, shall be permitted. Handicap access ramps and exterior staircases attached to the porch, shall also be permitted to project into the minimum required front yard depth for a maximum distance equivalent to the minimum required front yard of 4.26 metres. vii) With the exception of the above-noted provisions, all of the other provisions of the Commercial (C) Zone shall continue to apply to the lands zoned C-E1. (b) Commercial - Exception Two (C-E2) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the C-E2 Zone in Lot 151, Registered Plan No. 215, in the geographic Township of Sherwood, in the former Village of Barry's Bay, with a civic address of 19592 Opeongo Line, the following provisions shall apply: i) Permitted uses shall be restricted to a retail store and a dwelling unit which is accessory to the permitted retail use; ii) All existing buildings and structures shall be permitted; and iii) With the exception of the above-noted provisions, all of the other provisions of the Commercial (C) Zone shall continue to apply to the lands zoned C-E2. (c) Commercial - Exception Three (C-E3) Zone Notwithstanding Section 3.21 or any other provisions of this By-law to the contrary, for the lands zoned C-E3 within part of Lot 145, Registered Plan No. 215 and within the former road allowance between Lot 180 and Lot 181, Range B North, in the geographic Township of Sherwood, in the former Village of Barry's Bay, and more particularly described as Part 4 on 49R-10000, storage and/or open storage accessory to the main use of an abutting property shall be permitted. Sections 3.21.1 and 3.21.2 shall not apply to the lands zoned C-E3. All other uses and provisions of the Commercial (C) Zone shall continue to apply to these lands. (d) Commercial - Exception Four (C-E4) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the C-E4 Zone within part of Lot 183, Range B South, geographic Township of Sherwood, former Village of Barry's Bay, with a civic address of 19465 Opeongo Line, where an existing building or structure does not conform to the required setbacks from lot lines, it shall be deemed to conform to the Zoning By-law. 138 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 C ZONE _____________________________________________________________________________________________________ (e) Commercial - Exception Five (C-E5) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the C-E5 Zone within part of Lot 181, Range B South, geographic Township of Sherwood, former Village of Barry's Bay, being Part of Lot 31 in Registered Plan No. 143 and with a civic address of 39 Dunn Street, in addition to the uses permitted in the Commercial (C) Zone, three dwelling units are permitted and the following provisions shall apply: i) Minimum Lot Area 360 square metres ii) Minimum Front Yard Depth 0.5 metres iii) Minimum Side Yard Depth on the North Side 0.5 metre iv) Minimum Rear Yard Depth 4.5 metres v) Minimum Dwelling Unit Area 45 square metres (f) Commercial - Exception Six (C-E6) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the C-E6 Zone within part of Lot 183, Range B North, geographic Township of Sherwood, former Village of Barry's Bay, with a civic address of 19460 Opeongo Line, where an existing building or structure does not conform to the required setbacks from lot lines, it shall be deemed to conform to the Zoning By-law. (g) Commercial - Exception Seven (C-E7) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the C-E7 Zone within part of Lot 181, Range B South, geographic Township of Sherwood, former Village of Barry's Bay, being Part of Lot 31 and all of Lot 34 in Registered Plan No. 143 and with a civic address of 43 Dunn Street, in addition to the uses permitted in the Commercial (C) Zone, two dwelling units are permitted and the following provisions shall apply: i) Where an existing building or structure does not conform to the required setbacks from lot lines, it shall be deemed to conform to the Zoning By- law. ii) Minimum Dwelling Unit Area 65 square metres. (h) Commercial - Exception Eight (C-E8) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the C-E8 Zone, described as Lot 13 on Registered Plan 131 in Part of Lot 181, Range B South, in the geographic Township of Sherwood, now in the Township of Madawaska Valley, and known municipally as 64 Stafford Street, two storage containers to be used for inventory storage are permitted. 139 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 C ZONE _____________________________________________________________________________________________________ 9.4 HOLDING ZONES (a) Commercial-Holding For the land located in Lot 184, Range 'B' North, in the geographic Township of Sherwood (Roll No. 472602802513800), and delineated as Commercial-Holding C-h) on Schedule 'A' to this Bylaw, in accordance with the conditions set forth herein, no person shall use the land or erect or use a building or structure, until the lifting of the holding, in accordance with the conditions as follows: i) Conditions for removal of Holding Symbol (h) 1. An approved site plan under Section 41 of the Planning Act and prepared by an Ontario Land Surveyor (OLS). 2. A lot grading and drainage plan, to the satisfaction of the municipality. 3. A stormwater management report, to the satisfaction of the municipality. 140 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 HC ZONE _____________________________________________________________________________________________________ SECTION 10.0 - REQUIREMENTS FOR HIGHWAY COMMERCIAL (HC) ZONE 10.1 PERMITTED USES No person shall use land or erect, alter or use any building or structure in any HC Zone except for: (a) Residential Uses - accessory dwelling units, EXCEPT, in the case of an automotive use where the accessory dwelling unit shall be one single detached dwelling (b) Non-Residential Uses - accessory retail stores, including those whose products are manufactured on the premises, provided that the space devoted to such manufacturing does not exceed 50% of the total floor area - animal hospital - antique furniture restoration workshop, cabinet -making shop and showroom - automotive - car wash - automotive - commercial garage - automotive - gasoline bar - automotive - service station - automotive - store - automotive - vehicular sales or rental establishment - bank - bed and breakfast - boat sales, snowmobile, trailer and cycle sales and rentals - building supply store - business and professional offices - craft shop and/or gallery - contractors yard or shop - convenience store - eating establishment - eating establishment - take out - equipment rental establishment - financial institution - garden centre - home display and sales outlet - hotel - mini storage establishment - motel - motor hotel - place of entertainment - public park, private park - retail store 141 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 HC ZONE _____________________________________________________________________________________________________ - service shop general - service shop personal - tavern or public house Uses, buildings and structures which are accessory to the foregoing. 10.2 ZONE PROVISIONS (a) Lot Area (minimum) i) on municipal water and municipal sewer 900 square metres ii) on municipal water or municipal sewer 2025 square metres iii) on private well and private septic system 4050 square metres (b) Lot Frontage (minimum) 30 metres (c) Front Yard Depth (minimum) i) motel, motor hotel, hotel, 12 metres automotive - service station, automotive - commercial garage ii) all other permitted uses 7.5 metres (d) Side Yard Width (minimum) 3.0 metres except, that where the side lot line abuts a Residential Zone, the minimum side yard width shall be 6 metres (e) Rear Yard Depth (minimum) 7.5 metres except, that where the rear lot line abuts a Residential Zone, the minimum rear yard depth shall be 10.5 metres (f) Lot Coverage (maximum): i) on municipal water and municipal sewer 55% ii) on municipal water or municipal sewer 45% iii) on private well and private septic system 33% 142 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 HC ZONE _____________________________________________________________________________________________________ (g) Building Height (maximum)10.5 metres (h) Open Storage: In accordance with the provisions for Open Storage in Section 3 - General Provisions of this By-law. (i) Parking and Loading: In accordance with the provisions for Parking and Loading in Section 3 - General Provisions of this By-law. (j) Separation Distance: In accordance with the provisions for Separation Distance in Section 3 - General Provisions of this By- law. (k) Setbacks: In accordance with the provisions for Setbacks in Section 3 -General Provisions of this By-law. (l) Additional Zone Provisions: In accordance with the provisions for Automotive Uses, Automotive-Commercial Garage, Gasoline Bar, Service Station in Section 3- General Provisions of this By-law. (m) Accessory Uses, Buildings and Structures: Notwithstanding any Zone Provision of this zone to the contrary, uses, buildings and structures that are accessory to the permitted uses of this zone shall be permitted in accordance with the requirements for Accessory Uses, Buildings and Structures in Section 3 - General Provisions of this By-law. 10.3 EXCEPTION ZONES (a) Highway Commercial - Exception One (HC-E1) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the HC-E1 Zone within part of Lot 1, Concession 4, geographic Township of Sherwood, with a civic address of 30 Burchat Street, a building containing an artisan shop and/or a dwelling unit shall be the only permitted use and the following provisions shall apply: i) Lot Area (minimum) 1150 square metres ii) Where an existing building or structure does not conform to the required setbacks from lot lines, it shall be deemed to conform to the Zoning By- law. iii) For the purposes of this by-law, an artisan shop means a building or structure where an artist creates unique articles and where such unique articles as well as articles created by other artists and skilled craftsmen are offered for sale. Custom picture framing is also permitted in the artisan shop. iv) Number of Parking Spaces (minimum) 8 (b) Highway Commercial - Exception Two (HC-E2) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands zoned Highway Commercial-Exception Two (HC-E2) and located along Highway 60 143 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 HC ZONE _____________________________________________________________________________________________________ and Mintha Street, within Part Lot 178, Range "B" South, Township of Sherwood, the following zone provisions shall apply to the building existing as of October 17, 1994: i) Minimum required front yard depth 2.4 metres ii) Minimum required interior side yard width 3.6 metres iii) Minimum required exterior side yard width 3.0 metres iv) Minimum required rear yard depth 3.6 metres v) Minimum required strip of landscaped nil open space around open storage area adjacent rear lot line All other provisions of the Highway Commercial (HC) zone shall apply to lands zoned Highway Commercial-Exception Two (HC-E2). (c) Highway Commercial - Exception Three (HC-E3) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the HC-E3 Zone within part of Lot 6, Concession 5, geographic Township of Radcliffe, a contractor's yard or shop is also a permitted use. (d) Highway Commercial - Exception Four (HC-E4) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the HC-E4 Zone within part of Lots 185 and 186, Range B North, geographic Township of Sherwood, a two unit dwelling is also a permitted use. (e) Highway Commercial - Exception Five (HC-E5) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the HC-E5 Zone within part of Lot 186, Range B North, geographic Township of Sherwood, a construction office is also a permitted use. (f) Highway Commercial - Exception Six (HC-E6) Zone Notwithstanding any other provisions of this By-law to the contrary, for those lands located in the HC-E6 Zone within part of Lots 189 and 190, Range "B" North, geographic Township of Sherwood, and more particularly described as Parts 1 and 2 on Reference Plan 49R-15757, an accessory dwelling unit attached to an automotive use shall be permitted. All other provisions of the By-law shall apply. (g) Highway Commercial - Exception Seven (HC-E7) Zone Notwithstanding any other provisions of this By-law to the contrary, for those lands located in the HC-E7 Zone within Part of Lots 182, 183, Water Lot "C" and part of the road allowance, Range "B" South, geographic Township of Sherwood, the minimum side yard requirement is 1.8 metres. All other provisions of the HC Zone shall apply. 144 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 HC ZONE _____________________________________________________________________________________________________ (h) Highway Commercial - Exception Eight (HC-E8) Zone Notwithstanding any other provision of this By-law to the contrary, for the lands located in the Highway Commercial-Exception Eight (HC-E8) Zone within Part of Lots 183 and 184, Range "B" South, geographic Township of Sherwood (Barry's Bay), now in the Township of Madawaska Valley, the following provisions shall apply; i) Interior Side Yard Width (minimum) 3 metres; ii) Rear Yard Depth (minimum) 2 metres; iii) The following shall be additional permitted uses; assembly hall, automotive- body shop, clinic, cold storage locker, dairy, day nursery, funeral home, laundromat, parking lot, tourist information booth. (i) Highway Commercial - Exception Nine (HC-E9) Notwithstanding any other provision of this By-law to the contrary, for the lands located in the HC-E9 Zone within Part of Lots 185 and 186, Range "B" North, geographic Township of Sherwood, now in the Township of Madawaska Valley, known municipally as 19331 Highway 60 and delineated as Highway Commercial- Exception Nine (HC-E9) on Schedule "A" to this By-law, the following exceptions shall apply: i) Front Yard Depth (minimum) 1.0 metres (j) Highway Commercial - Exception Ten (HC-E10) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the HC-E10 Zone within Part of Lots 188, 189 and 190, Range "B" North, in the geographic Township of Sherwood, now in the Township of Madawaska Valley, and designated as Part 1 on Reference Plan 49R-7965 and Parts 1 and 2 on Reference Plan 49R-15318, the following provisions shall apply: i) The minimum rear yard depth and side yard width the lands designated as Parts 1 and 2 on Reference Plan 49R-15318 shall be 0 metres, except for the westerly side yard lot line of Part 1. ii) In addition to the permitted non-residential uses in the HC Zone, the following uses are also permitted: - automotive - body shop - contractor's yard or shop - custom workshop - factory outlet - food catering establishment - fuel storage tank - general service shop - laboratory - logging hauler 145 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 HC ZONE _____________________________________________________________________________________________________ - log home manufacturing plant - manufacturing plant light - printing and bookbinding shop - public garage - retail store involving the sale, service and/or rental of heavy machinery, factory/industrial equipment, boats, recreational vehicles, trailers, motorcycles, snowmobiles - training facility - warehouse - welding shop iii) Lot Area (minimum) 0.4046 hectare (1 acre) iv) All permitted uses must hold any applicable Ministry of the Environment Certificate of Approval. (k) Highway Commercial - Exception Eleven (HC-E11) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the HC-E11 Zone and described as Part of Lot 24, Concession 3, in the geographic Township of Sherwood, in the former Village of Barry's Bay, the only permitted uses shall be an automotive-commercial garage and accessory structures existing at the date of the passing of this By-law. 146 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 TC ZONE _____________________________________________________________________________________________________ SECTION 11.0 - REQUIREMENTS FOR TOURISM COMMERCIAL (TC) ZONE 11.1 PERMITTED USES No person shall use any land or erect or use a building or structure in a TC Zone except for: (a) Residential Uses - accessory dwelling unit (b) Non-Residential Uses - active recreation uses - bed and breakfast - camping and cottage establishment - eating establishment - eating establishment - take-out - golf course - marina - place of entertainment - recreational vehicle campground or park - resort - riding stables - short term rental - ski hill - tourist establishment Uses, buildings and structures accessory to the foregoing. 11.2 ZONE PROVISIONS (a) Lot Area (minimum) i) on municipal water and municipal sewer 900 square metres ii) on municipal water or municipal sewer 2025 square metres ii) on private well and private septic system - active recreation uses, golf course, riding stables, ski hill 4 hectares - all other permitted uses 4050 square metres (b) Lot Frontage (minimum) 30 metres 147 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 TC ZONE _____________________________________________________________________________________________________ (c) Front Yard Depth (minimum) 7.5 metres (d) Side Yard Width (minimum) 3.0 metres except, that where the side lot line abuts a Residential Zone, the minimum side yard width shall be 6 metres (e) Rear Yard Depth (minimum) 7.5 metres except, that where the rear line abuts a Residential Zone, the minimum rear yard depth shall be 10.5 metres (f) Lot Coverage (maximum) 33% (g) Building Height (maximum) 10.5 metres (h) Open Storage: In accordance with the provisions for Open Storage in Section 3 - General Provisions of this By-law. (i) Parking and Loading: In accordance with the provisions for Parking and Loading in Section 3 - General Provisions of this By-law. (j) Separation Distance: In accordance with the provisions for Separation Distance in Section 3 - General Provisions of this By-law. (k) Setbacks: In accordance with the provisions for Setbacks in Section 3 -General Provisions of this By-law. (l) Additional Zone Provisions: In accordance with the provisions for Automotive Uses, Automotive-Commercial Garage, Gasoline Bar, Service Station in Section 3 - General Provisions of this By-law. (m) Accessory Uses, Buildings and Structures: Notwithstanding any Zone Provision of this zone to the contrary, uses, buildings and structures that are accessory to the permitted uses of this zone shall be permitted in accordance with the requirements for Accessory Uses, Buildings and Structures in Section 3 - General Provisions of this By-law. 11.3 EXCEPTION ZONES (a) Tourism Commercial - Exception One (TC-E1) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the TC-E1 Zone within part of Lot 7, Concession 5, geographic Township of Radcliffe, the minimum water setback for buildings and structures shall be 15 148 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 TC ZONE _____________________________________________________________________________________________________ metres. The minimum water setback for a private sewage disposal system shall be 30 metres. (b) Tourism Commercial - Exception Two (TC-E2) Zone Notwithstanding any other provisions of this By-law to the contrary, for lands located in the TC-E2 Zone on the Schedules to this By-law, no person shall erect any building or structure, including a private sewage disposal system, except in accordance with the following provision: Water Setback (minimum) 20 metres (c) Tourism Commercial- Exception Three (TC-E3) Notwithstanding any other provision of this By-law to the contrary, for the property located in Part of Lot 8, Concession 3, in geographic Township of Radcliffe and located in the Tourist Commercial-Exception Three (TC-E3) Zone, the required parking shall be permitted in the exterior side yard and front yard and the following provisions shall apply: (i) Water Setback for a new or replacement Private Sewage Disposal System (minimum) 30 metres. 11.4 HOLDING ZONES (a) Tourism Commercial - Exception Three (TC-E3) Until such time as the holding symbol is removed from the lands Part of Lot 8, Concession 3, in the geographic Township of Radcliffe, and located in the Tourist Commercial - Exception Three (TC-E3) Zone, as shown on Schedule 'A' to this By- law, in accordance with the conditions set forth herein, no person shall erect a building or structure, except in accordance with the following: (i) Conditions for removal of Holding Symbol (h) That the County of Renfrew shall provide confirmation to the Township that the County is satisfied that a plan is in place to implement the development agreement registered on title. (ii) the Holding Symbol is removed from a portion of the lands described as Part of Lot 8, Concession 3, in the geographic Township of Radcliffe; and will henceforth be zoned as Tourist Commercial Exception Three (TC-E3) Zone, as illustrated on Schedule 'A' attached hereto and forming part of this by-law. 149 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 GM ZONE _____________________________________________________________________________________________________ SECTION 12.0 - REQUIREMENTS FOR GENERAL INDUSTRIAL (GM) ZONE 12.1 PERMITTED USES No person shall use land or erect or use a building or structure in any GM Zone except for: (a) Residential Uses - prohibited (b) Non-Residential Uses - automotive - body shop - automotive - commercial garage - automotive - vehicle sales or rental establishment - business office accessory to a permitted use - concrete manufacturing plant - contractor's yard or shop - factory outlet - fuel storage tank - furniture or wood products shop - logging hauler - manufacturing plant - mini storage establishment - public garage - planning mill - retail uses accessory to a permitted use - retail stores involving the sale and/or rental of heavy machinery, fuels, factory equipment, boats, recreational vehicles, motorcycles, snowmobiles - sawmill - service shop, general - truck terminal - warehouse - welding shop 12.2 ZONE PROVISIONS No person shall use any lot or erect, alter or use any building or structure in any GM Zone except in accordance with the following provisions: (a) Lot Area (minimum) 4050 square metres (b) Lot Frontage (minimum) 30 metres 150 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 GM ZONE _____________________________________________________________________________________________________ (c) Yards (minimum): Abutting an Abutting Industrial Other Zone Zone i) Front Yard Depth 15 metres 22 metres ii) Interior Side Yard Width 3 metres 22 metres iii) Exterior Side Yard Width 15 metres 22 metres iv) Rear Yard Depth 9 metres 22 metres (d) Lot Coverage (maximum) 50% (e) Building Height (maximum) 15 metres (f) Open Storage: In accordance with the provisions for Open Storage in Section 3 - General Provisions of this By-law. (g) Parking and Loading: In accordance with the provisions for Parking and Loading in Section 3 - General Provisions of this By-law. (h) Separation Distance: In accordance with the provisions for Separation Distance in Section 3 - General Provisions of this By-law. (i) Setbacks: In accordance with the provisions for Setbacks in Section 3 -General Provisions of this By-law. (j) Additional Zone Provisions: In accordance with the provisions for Automotive Uses, Automotive-Commercial Garage, Gasoline Bar, Service Station in Section 3 - General Provisions of this By-law. (k) Accessory Uses, Buildings and Structures: Notwithstanding any Zone Provision of this zone to the contrary, uses, buildings and structures that are accessory to the permitted uses of this zone shall be permitted in accordance with the requirements for Accessory Uses, Buildings and Structures in Section 3 - General Provisions of this By-law. 12.3 EXCEPTION ZONES (a) General Industrial - Exception One (GM-E1) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands zoned General Industrial-Exception One (GM-E1) and located along Highway No. 60 and 62, within Part Lots 188 and 189, Range "B" North, Township of Sherwood, the following zone provisions shall apply: 151 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 GM ZONE _____________________________________________________________________________________________________ Yards (minimum) for all buildings and structures existing as of October 17, 1994 for all new buildings, structures or additions to existing buildings or structures i) Front Yard Depth 10.0 metres 10.0 metres ii) Side Yard Width 1.8 metres 10.0 metres iii) Rear Yard Depth 2.7 metres 10.0 metres All other provisions of the General Industrial (GM) zone shall apply to lands zoned General Industrial-Exception One (GM-E1). (b) General Industrial - Exception Two (GM-E2) Zone Notwithstanding any other provision of this By-law to the contrary, for the land located in the General Industrial-Exception Two (GM-E2) Zone, being Part of Lot 177, Range 'B' North, in the geographic Township of Sherwood, the Madawaska Valley Food Bank shall be a permitted use. 152 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 EM ZONE _____________________________________________________________________________________________________ SECTION 13.0 - REQUIREMENTS FOR EXTRACTIVE INDUSTRIAL (EM) ZONE 13.1 PERMITTED USES No person shall use land or erect or use a building or structure in any EM Zone except for: (a) Residential Uses - prohibited (b) Non-Residential Uses - concrete manufacturing plant - extractive industrial facility - forestry - gravel pit - limited farm - quarry 13.2 ZONE PROVISIONS No person shall use any lot or erect, alter or use any building or structure in any EM Zone except in accordance with the following provisions: (a) Lot Frontage (minimum) 30 metres (b) Yards (minimum): Abutting Abutting Industrial Other Zone Zone i) Front Yard Depth 22 metres 30 metres ii) Interior Side Yard Width 15 metres 30 metres iii) Exterior Side Yard Width 22 metres 30 metres iv) Rear Yard Depth 15 metres 30 metres (c) Landscaped Open Space No land in an Extractive Industrial (EM) Zone shall be used for any other purpose than landscaped open space within: i) 30 metres of any zone other than an Industrial zone ii) 22 metres of any street line 153 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 EM ZONE _____________________________________________________________________________________________________ (d) Open Storage: In accordance with the provisions for Open Storage in Section 3 - General Provisions of this By-law. (e) Parking and Loading: In accordance with the provisions for Parking and Loading in Section 3 - General Provisions of this By-law. (f) Separation Distance: In accordance with the provisions for Separation Distance in Section 3 - General Provisions of this By-law. (g) Setbacks: In accordance with the provisions for Setbacks in Section 3 - General Provisions of this By-law. (h) Accessory Uses, Buildings and Structures: Notwithstanding any Zone Provision of this Zone to the contrary, uses, buildings and structure that are accessory to the permitted uses of this Zone shall be permitted in accordance with the requirements for Accessory Uses, Buildings and Structures in Section 3 - General Provisions of this By-law. 13.3 EXCEPTION ZONES 154 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 EMR ZONE _____________________________________________________________________________________________________ SECTION 14.0 - REQUIREMENTS FOR EXTRACTIVE INDUSTRIAL RESERVE (EMR) ZONE 14.1 PERMITTED USES No person shall use land or erect or use a building or structure in any EMR Zone except for: (a) Residential Uses - single detached dwelling existing at the date of passing of this By-law. (b) Non-Residential Uses - non-residential uses existing on the date of passing of this By-law - forestry - limited farm - passive recreation 14.2 ZONE PROVISIONS No person shall use any lot or erect, alter or use any building or structure in any EMR Zone except in accordance with the following provisions: (a) Front Yard Depth (minimum) 10.5 metres (b) Side Yard Width (minimum) 3.0 metres (c) Rear Yard Depth (minimum) 15.0 metres 14.3 EXCEPTION ZONES (a) Extractive Industrial Reserve - Exception One (EMR-E1) Zone Notwithstanding any other provision of this By-law to the contrary, for the lands located in the EMR-E1 Zone within Part of Lot 1, Concession 9, geographic Township of Sherwood, now in the Township of Madawaska Valley, and known as 85 Antoine Road, residential uses shall not be permitted. A hunting and fishing camp shall be the only permitted use. 155 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 DM1 ZONE _____________________________________________________________________________________________________ SECTION 15.0 - REQUIREMENTS FOR DISPOSAL INDUSTRIAL ONE (DM1) ZONE 15.1 PERMITTED USES No person shall use land or erect, alter or use a building or structure in any DM1 Zone except for: (a) Residential Uses - prohibited (b) Non-Residential Uses - waste disposal site, including transfer and processing stations and composting sites 15.2 ZONE PROVISIONS (a) Yards (minimum): Abutting Abutting Industrial Zone Other Zone i) Front Yard Depth 22 metres 30 metres ii) Side Yard Width 15 metres 30 metres iii) Rear Yard Depth 15 metres 30 metres (b) Buffer Strip No land in any DM1 Zone shall be used for any other purpose than a buffer strip within, i) 30 metres of any Zone other than an Industrial zone; and ii) 22 metres of any street line. (c) Abandoned or Rehabilitated No building shall be erected or constructed in a waste disposal site that has been abandoned or rehabilitated. (d) Accessory Uses, Buildings and Structures Notwithstanding any other zone provision to the contrary, with the exception of the Buffer Strip provisions, uses, buildings and structures that are necessary to the permitted uses of this zone shall be permitted in accordance with the requirements for Accessory Uses, Buildings and Structures in Section 3.0 General Provisions of this By-law. 156 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 DM1 ZONE _____________________________________________________________________________________________________ 15.3 EXCEPTION ZONES (a) Disposal Industrial One - Exception One (DM1-E1) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the DM1-E1 Zone within part of Lots 5 and 6, Concession 4, geographic Township of Sherwood, a gravel pit is also a permitted use. 157 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 DM2 ZONE _____________________________________________________________________________________________________ SECTION 16.0 - REQUIREMENTS FOR DISPOSAL INDUSTRIAL TWO (DM2) ZONE 16.1 PERMITTED USES No person shall use land or erect, alter or use a building or structure in any DM2 Zone except for: (a) Residential Uses - prohibited (b) Non-Residential Uses - salvage yard - wrecking establishment 16.2 ZONE PROVISIONS (a) Yards (minimum): Abutting Abutting Industrial Zone Other Zone i) Front Yard Depth 22 metres 30 metres ii) Side Yard Width 15 metres 30 metres iii) Rear Yard Depth 15 metres 30 metres (b) Buffer Strip No land in any DM2 Zone shall be used for any other purpose than a buffer strip within, i) 30 metres of any Zone other than an Industrial zone; and ii) 22 metres of any street line. (c) Accessory Uses, Buildings and Structures Notwithstanding any other zone provision to the contrary, with the exception of the Buffer Strip provisions, uses, buildings and structures that are necessary to the permitted uses of this zone shall be permitted in accordance with the requirements for Accessory Uses, Buildings and Structures in Section 3.0 General Provisions of this By-law. 16.3 EXCEPTION ZONES 158 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 RU ZONE _____________________________________________________________________________________________________ SECTION 17.0 - REQUIREMENTS FOR RURAL (RU) ZONE 17.1 PERMITTED USES No person shall use land or erect, alter or use a building or structure in any RU Zone except for: (a) Residential Uses - additional residential unit - single detached dwelling - mobile home, in accordance with the Mobile Home provisions in Section 3.0 General Provisions of this by-law - group home - recreational vehicle or trailer, in accordance with the Occupancy of Vehicles provisions in Section 3.0 General Provisions of this By-law (b) Non-Residential Uses - bed and breakfast - cemetery - existing private airfield - farm - farm produce sales outlet - forestry - general agricultural - garden centre - home industry - home occupation - hunting and fishing camp - limited farms - logging hauler - passive recreation - private park - public park - recreation camp 17.2 ZONE PROVISIONS No person shall use any lot or erect, alter or use any building or structure in any RU Zone except in accordance with the following provisions: (a) Lot Area (minimum) i) farm, farm produce sales outlet, 5 hectares garden centre, limited farm, logging hauler 159 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 RU ZONE _____________________________________________________________________________________________________ ii) all other permitted uses 4050 square metres (b) Lot Frontage (minimum) 30 metres (c) Water Frontage (minimum) 45 metres (d) Front Yard Depth (minimum) i) farm, recreational vehicle or trailer 12 metres ii) all other permitted uses 7.5 metres (e) Side Yard Width (minimum) i) farm 9 metres ii) all other permitted uses 3 metres (f) Rear Yard Depth (minimum) i) farm 15 metres ii) all other permitted uses 7.5 metres (g) Lot Coverage (maximum) i) farm 20% ii) all other permitted uses 33% (h) Open Storage: In accordance with the provisions for Open Storage in Section 3 - General Provisions of this By-law. (i) Parking and Loading: In accordance with the provisions for Parking and Loading in Section 3 - General Provisions of this By-law. (j) Separation Distance: In accordance with the provisions for Separation Distance in Section 3 - General Provisions of this By-law. (k) Parking and Loading: In accordance with the provisions for Parking and Loading in Section 3 - General Provisions of this By-law. (l) Separation Distance: In accordance with the provisions for Separation Distance in Section 3 - General Provisions of this By-law. (m) Setbacks: In accordance with the provisions for Setbacks in Section 3 - General Provisions of this By-law. (n) Accessory Uses, Buildings and Structures: Notwithstanding any Zone Provision of this Zone to the contrary, uses, buildings and structures that are accessory to the permitted uses of this Zone shall be permitted in accordance with the requirements 160 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 RU ZONE _____________________________________________________________________________________________________ for Accessory Uses, Buildings and Structures in Section 3 - General Provisions of this By-law. 17.3 EXCEPTION ZONES (a) Rural - Exception One (RU-E1) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands delineated as Rural - Exception One (RU-E1) on Schedule "A" to this By-law, a sawmill shall be a permitted use. (b) Rural - Exception Two (RU-E2) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the RU-E2 Zone within part of Lot 6, Concession 2, geographic Township of Sherwood, the permitted uses shall be limited to the following: - forestry - hunting and fishing camp - passive recreation uses All of the other provisions of the Rural (RU) Zone shall apply. (c) Rural - Exception Three (RU-E3) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the RU-E3 Zone within part of Lot 147, Range B South, geographic Township of Jones, with a civic address of 21059B Highway 60, a building containing a wrought iron metal furniture workshop and showroom and a dwelling unit is permitted. (d) Rural - Exception Four (RU-E4) Zone Notwithstanding the requirements of Section 3.16(c) or any other provision of this By- law to the contrary, for the lands located in the RU-E4 Zone within part of Part 3 on 49R-3511, in part of Lot 159, Range B South, geographic Township of Sherwood, a mobile home shall be permitted to continue to be located where it lawfully existed on October 17, 1994 and may be replaced, repaired, and/or restored so long as it continues to be located at the existing location. (e) Rural - Exception Five (RU-E5) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the RU-E5 Zone within part of Lot 32, Concession 5, geographic Township of Sherwood, a butcher shop shall be a permitted use. (f) Rural - Exception Six (RU-E6) Zone 161 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 RU ZONE _____________________________________________________________________________________________________ Notwithstanding any other provisions of this By-law to the contrary, for lands located in the RU-E6 Zone on the Schedules to this By-law, no person shall erect any building or structure, including a private sewage disposal system, except in accordance with the following provision: Water Setback (minimum) 20 metres (g) Rural - Exception Seven (RU-E7) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the RU-E7 Zone within part of Lots 9 and 10, Concession 1 and part of Lot 10, Concession 2, geographic Township of Radcliffe, the following provisions shall apply: i) No buildings or structures shall be permitted on lands below the 283.46 metres (930 feet) G.S.C. ii) Development on lands above 283.46 metres (930 feet) but below 284.4 metres (933 feet) shall be floodproofed to the floodplain design elevation of 284.7 metres (934 feet). iii) Driveways and private roads shall be floodproofed to an elevation of 284.0 metres (932 feet). iv) An elevation survey and plot plan prepared by an Ontario Land Surveyor or qualified engineer shall accompany an application for a building permit in order to confirm that development is to proceed in accordance with the requirements of this By-law. (h) Rural - Exception Eight - Temporary (RU-E8-Temporary) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the RU-E8-Temporary Zone within part of Lot 26, Concession 8, geographic Township of Sherwood, two single detached dwellings shall be permitted on one lot on a temporary basis until June 15th, 2012 (this date corresponds to three years from the date of passing of this by-law). (i) Rural - Exception Nine (RU-E9) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the RU-E9 Zone within part of Lot 19, Concession 11, geographic Township of Sherwood, a sawmill shall be a permitted use. (j) Rural - Exception Ten (RU-E10) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the RU-E10 Zone within part of Lot 30, Concession 1, geographic Township of Sherwood, the permitted uses shall be limited to the following: 162 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 RU ZONE _____________________________________________________________________________________________________ - seasonal dwelling - building for sheltering fewer than five horses - horse paddock and riding area - hunting and fishing camp - passive recreation (k) Rural - Exception Eleven (RU-E11) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the RU-E11 Zone within part of Lot 28, Concession 12, geographic Township of Jones, the only permitted uses shall be a seasonal dwelling, provided that it is accessed in accordance with an approved crossing agreement entered into between the owner and the Municipality over the former CN railway and registered on title to the property. Forestry, and uses, buildings and structures accessory to the foregoing are also permitted. A building permit will not be issued until the owner enters into an agreement with the Township regarding crossing over the former CN rail line. Further, a covenant is to be placed on title to the lands owned by the applicants in Lot 28, Concession 12 (PIN 57554-0051) and in Part of Lots 27 and 28, Concession 12 (PIN 57554-0033), stating that these lands are to be conveyed simultaneously to the same person in any future transactions. Section 3.27(a)(iii) regarding a minimum separation distance for a new dwelling from an Extractive Industrial Reserve (EMR) Zone does not apply. (l) Rural - Exception Twelve (RU-E12) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the RU-E12 Zone within part of Lot 22, Concession 1, geographic Township of Burns, and more particularly described as Part 3 on Reference Plan 49R-8766 and Parts 1 and 2 on Reference Plan 49R-15600, with a civic address of 1205 Yandreski Road, a seasonal dwelling is the only permitted use. (m) Rural - Exception Thirteen (RU-E13) Zone Notwithstanding Section 3.27(a)(iii) or any other provision of this By-law to the contrary, for the lands located in the RU-E13 Zone within part of Lot 9, Concession 4, geographic Township of Sherwood, a single detached dwelling may be erected within 90 metres of an Extractive Industrial (EM) Zone or Extractive Industrial Reserve (EMR) Zone. (n) Rural - Exception Fourteen (RU-E14) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the RU-E14 Zone within part of Lots 9 and 10, Concession 4 and part of Lot 7, Concessions 2 and 3, geographic Township of Radcliffe, a religious education 163 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 RU ZONE _____________________________________________________________________________________________________ facility shall be a permitted use. (o) Rural - Exception Fifteen (RU-E15) Zone Notwithstanding Section 3.27(a)(ii) or any other provision of this By-law to the contrary, for the lands located in the Rural - Exception Fifteen (RU-E15) Zone within Part of Lot 9, Concession 5, geographic Township of Radcliffe, now in the Township of Madawaska Valley, more particularly described as Part 1 on Reference Plan 49R- 4814, a single detached dwelling is exempt from the 60 metre separation distance requirement from an Industrial Zone. (p) Rural - Exception Sixteen (RU-E16) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the RU-E16 Zone within Part of Lot 18, Concession 12, geographic Township of Radcliffe, now in the Township of Madawaska Valley, and designated as Part 1 on Reference Plan 49R-17033, 1 travel trailer campsite shall be the only permitted use. The following provisions shall also apply: i) trailer length (excluding tongue) 9.3metres (maximum) ii) setback of permitted seasonal tent or travel trailer from high water mark 45 metres (minimum) iii) no permanent additions on the lakeside portion of the tent or travel trailer shall be permitted. (q) Rural - Exception Seventeen (RU-E17) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the RU-E17 Zone within Part of Lot 18, Concession 12, geographic Township of Radcliffe, now in the Township of Madawaska Valley, and designated as Part 2 on Reference Plan 49R-17033, a maximum of 5 travel trailer campsites and an accessory septic tank shall be the only permitted uses. The following provisions shall also apply: i) trailer length (excluding tongue) 9.3metres (maximum) ii) setback of permitted seasonal tent or travel trailer from high water mark 45 metres (minimum) iii) no permanent additions on the lakeside portion of the tent or trailer shall be permitted. (r) Rural - Exception Eighteen (RU-E18) Zone Notwithstanding Section 3.27(a)(iii) or any other provision of this By-law to the contrary, for the lands located in the RU-E18 Zone within Part of Lot 9, Concession 19, geographic Township of Radcliffe, now in the Township of Madawaska Valley, a single detached dwelling is exempt from the 150 metre separation distance from an Extractive Industrial Reserve (EMR) Zone. Also, the existing 30 metre vegetative 164 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 RU ZONE _____________________________________________________________________________________________________ buffer at along Stanley Olsheski Road is required to be maintained. (s) Rural - Exception Nineteen (RU-E19) Zone Notwithstanding Section 3.27(a)(iii) or any other provision of this By-law to the contrary, for the lands located in the RU-E19 Zone within Part of Lot 9, Concession 19, geographic Township of Radcliffe, now in the Township of Madawaska Valley, a single detached dwelling is exempt from the 150 metre separation distance from an Extractive Industrial Reserve (EMR) Zone. (t) Rural - Exception Twenty (RU-E20) Zone Notwithstanding any other provision of this By-law to the contrary, for the lands located in the Rural - Exception Twenty (RU-E20) Zone within Part of Lot 7, Concession 4, geographic Township of Radcliffe now in the Township of Madawaska Valley, and further described as 2704 Dafoe Road, a business office and warehouse shall be permitted uses. (u) Rural - Exception Twenty-One - Temporary (RU-E21-Temporary) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the Rural - Exception Twenty-One - Temporary (RU-E21-Temporary) Zone in Lot 19, Concession 8, geographic Township of Sherwood, known as 1 Rumleskie Road, a second dwelling unit being a garden suite shall be permitted until December 20th, 2019 (this date represents 10 years from the date of passing of the Zoning By-law Amendment) in accordance with Section 39.1 of the Planning Act. In addition, the separation distance from the garden suite to an Extractive Industrial (EM) or a Extractive Industrial Reserve (EMR) Zone will be reduced to 60 metres. (v) Rural - Exception Twenty-Two (RU-E22) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the RU-E22 Zone within Part of Lot 18, Concession 12, geographic Township of Radcliffe, now in the Township of Madawaska Valley, and designated as Part 3 on Reference Plan 49R-17033, a private septic tile bed disposal system to service 6 travel trailer campsites (maximum) shall be the only permitted use. (w) Rural - Exception Twenty-Three (RU-E23) Zone Notwithstanding Section 3.28(a)(ii) or any other provision of this By-law to the contrary, for the lands located in the RU-E23 Zone within Part of Lot 26, Concession 2, geographic Township of Sherwood, now in the Township of Madawaska Valley, know municipally as 42028-B Combermere Road, and designated Part 1 on Reference Plan 49R-2091 and Parts 5 & 6 on Reference Plan 49R-4930, a single- detached dwelling is permitted 45 metres from an Industrial Zone. (x) Rural - Exception Twenty Four (RU-E24) Zone 165 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 RU ZONE _____________________________________________________________________________________________________ Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the RU-E24 Zone within Part Lot 4, Concession IV, geographic Township of Sherwood, and designated as Parts 1, 2 & 4 on Reference Plan 49R-13560, the following provision shall apply: i) Lot Frontage (minimum) 20 metres (y) Rural - Exception Twenty Five (RU-E25) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the RU-E25 Zone within Part Lot 4, Concession IV, geographic Township of Sherwood, and designated as Parts 5 & 6 on Reference Plan 49R-13560 and known municipally as 17814 Highway 60, the following provision shall apply: i) Lot Frontage (minimum) 0 metres (z) Rural - Exception Twenty Six (RU-E26) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the RU-E26 Zone, within part of Lots 232 and 233, Range "B" North, in the geographic Township of Radcliffe, an outdoor furnace is permitted 27 metres from the east facing lot line. (aa) Rural - Exception Twenty Seven (RU-E27) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the RU-E27 Zone, within part of Lot 22, Concession 7, Parcels 1 and 2, in the geographic Township of Sherwood, a dwelling shall be permitted to be erected within 500 metres of an inactive waste disposal site, and the installation of any water well and sewage disposal system for the properties with roll number's 47-26-026- 010-23610-23610-0000 and 47-26-026-010-23615-0000 must meet the requirements of the Ontario Building Code, and shall not be permitted to be installed in such a way that would preclude the installation of these services on adjacent lots. (bb) Rural - Exception Twenty Eight (RU-E28) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the RU-E28 Zone, designated Part 1 on Reference Plan 49R-13651, and described as part of Lot 18, Concessions 9 and 10, in the geographic Township of Radcliffe, a Mobile Food Vehicle is an additional permitted use. (cc) Reserved (dd) Rural - Exception Thirty (RU-E30) Zone 166 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 RU ZONE _____________________________________________________________________________________________________ Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the RU-E30 Zone, located in Part of Lots 28 and 29, Concession 5, in the geographic Township of Sherwood, now in the Township of Madawaska Valley, the following provision shall apply: i) Minimum water setback of all septic systems from the shoreline of Kaminiskeg Lake shall be 300 metres. (ee) Rural - Exception Thirty-One (RU-E31) Zone Notwithstanding any provisions of this By-law to the contrary, for the lands located in the RU-E31 Zone, located in Lots 177 and 178, Range B North, in the geographic Township of Sherwood, now in the Township of Madawaska Valley, the following shall apply: (a) Permitted Uses - Tillage of soil - Growing and harvesting of field crops, vegetables, fruits, horticultural crops, herbs and trees - Greenhouses, barns, sheds and other accessory structures (b) Additional Provisions i) Maximum number of greenhouses: 2 ii) Maximum floor area for all greenhouses: 540 m² iii) Setback from a General Industrial (GM) Zone: 3 metres iv) Setback for greenhouses, an accessory washing station and an accessory drying shed from a Suburban Reserve (SUR), Residential One (R1) or a Residential Two (R2) Zone: 50 metres (c) Definition GREENHOUSE means a building used for the growing of plants, shrubs, trees and similar vegetation, including herbs to be processed by washing and drying, either before or after being transplanted outdoors on the same lot, for sale as wholesale. (ff) Rural - Exception Thirty-Two (RU-E32) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the RU-E32 Zone, located in Part of Lots 188 and 189, Range B North, in the geographic Township of Sherwood, now in the Township of Madawaska Valley, know municipally as 19300 Highway 60, a contractor's yard or shop shall be a permitted use. (gg) Rural - Exception Thirty-Three (RU-E33) 167 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 RU ZONE _____________________________________________________________________________________________________ Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the RU-E33 Zone, within Lot 6, Concessions 1 & 2, in the geographic Township of Radcliffe, now in the Township of Madawaska Valley, known municipally as 101 Serran Road, two single detached dwellings on the property shall be permitted. (hh) Rural - Exception Thirty-Four (RU-E34) Notwithstanding Section 3.7 or any other provisions of this By-law to the contrary, for the lands located in the RU-E34 Zone, described more particularly as Part of Lots 184, 185 & 186, Range 'B' North, and located in the geographic Township of Sherwood, now in the Township of Madawaska Valley, and known municipally as 122 Sandhill Drive, one second dwelling unit within a single detached dwelling is permitted and the following shall apply: (a) Additional Provisions i. The minimum gross floor area of the second dwelling shall be 40 square metres; ii. The second dwelling unit shall occupy no more than 50 percent of the gross floor area of the principal dwelling; and iii. A minimum of one (1) parking space is required per second dwelling unit. (b) Definition SECOND DWELLING UNIT means a self-contained residential dwelling unit within the principal single detached dwelling, in which food preparation, eating, living, sleeping and sanitary facilities are provided for the exclusive use of the occupants. (ii) Rural - Exception Thirty-Five (RU-E35) Notwithstanding Section 3.7 or any other provisions of this By-law to the contrary, for the lands located in the RU-E35 Zone, described more particularly as Lots 31 and 32, Concession 5 and Part of Lot 32, Concession 6, designated as Part 2 on Reference Plan 49R-19268, and located in the geographic Township of Radcliffe, now in the Township of Madawaska Valley, and known municipally as 809 Rockingham Road, two single detached dwellings on the property shall be permitted. An eating establishment and retail store shall be additional permitted uses. (jj) Rural - Exception Thirty-Six (RU-E36) Notwithstanding 3.29(a) vii or any other provisions of this By-law to the contrary, for the lands located in the RU-E36 Zone, described as Part of Lot 11, Concession 7, designated as Part 2 on Reference Plan 49R-17790, in the geographic Township of Radcliffe, now in the Township of Madawaska Valley, and known municipally as 322 168 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 RU ZONE _____________________________________________________________________________________________________ Old Barry's Bay Road, the minimum separation distance for a dwelling from a waste disposal site shall be 275 metres. (kk) Rural - Exception Thirty-Seven (RU-E37) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the RU-E37 Zone, described as Part of Lots 204-207, Range 'B' South, in the geographic Township of Sherwood, now in the Township of Madawaska Valley, and known municipally as 254 Lehovitch Road, two single detached dwellings on the property shall be permitted. (ll) Rural - Exception Forty (RU-E40) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the RU-E40 Zone, described as Lots 22 and 23 and Part of Lot 24, Concession 7, in the geographic Township of Jones, now in the Township of Madawaska Valley, a single detached dwelling is permitted on a lot with access over an unopened Road Allowance as per a roads agreement with the municipality. (mm) Rural - Exception Forty-One (RU-E41) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the RU-E41 Zone, described as Part of Lot 11, Concession 7, in the geographic Township of Radcliffe, now in the Township of Madawaska Valley, and known municipally as 329 Old Barry's Bay Road, the minimum separation distance for a dwelling from a waste disposal site shall be 411 metres. (nn) Rural - Exception Forty-Two (RU-E42) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the RU-E42 Zone, described as Part of Lot 23, Concession 3, in the geographic Township of Sherwood, the minimum required separation distance for a dwelling to an Extractive Industrial Reserve (EMR) Zone shall be 30 metres. (oo) Rural - Exception Forty-Three (RU-E43) Notwithstanding any other provisions of this By-law to the contrary, for the land located in RU-E43 Zone and located in Part of Lot 26, Concession 9, in the geographic Township of Sherwood, the minimum required front yard depth for a dwelling shall be 50 metres and a 20-metre-deep vegetative buffer shall be maintained along the front lot line. 169 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 CF ZONE _____________________________________________________________________________________________________ SECTION 18.0 - REQUIREMENTS FOR COMMUNITY FACILITY (CF) ZONE 18.1 PERMITTED USES No person shall use land or erect or use a building or structure in any CF Zone except for: (a) Residential Uses - accessory single detached dwelling - long-term care home - nursing home - senior citizens home (b) Non-Residential Uses - animal clinic - arena - assembly hall - cemetery - church - clinic - community centre - day nursery - hospital - institutional use - library - medical clinic - museum or art gallery - place of worship - police station - post office - private club - private park - private school - public administration office - public building - public garage - public park - public school - public use - public utility - recreation, passive - religious education facility 18.2 ZONE PROVISIONS No person shall use any lot or erect, alter or use any building or structure in a CF Zone except 170 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 CF ZONE _____________________________________________________________________________________________________ in accordance with the following provisions: (a) Lot Area (minimum) i) on municipal water and municipal sewer 465 square metres ii) on municipal water or municipal sewer 4050 square metres iii) on private well and private septic system 4050 square metres (b) Lot Frontage (minimum) i) on municipal water and municipal sewer 15 metres ii) on municipal water or municipal sewer 30 metres iii) on private well and private septic system 30 metres (c) Front Yard Depth (minimum) i) on municipal water and municipal sewer 3 metres ii) on municipal water or municipal sewer 10.5 metres iii) on private well and private septic system 10.5 metres (d) Side Yard Width (minimum) i) on municipal water and municipal sewer 3 metres ii) on municipal water or municipal sewer 5 metres or ½ the height of the building whichever is greater iii) on private well and private septic system 5 metres or ½ the height of the building whichever is greater (e) Exterior Side Yard Width (minimum) i) on municipal water and municipal sewer 3 metres ii) on municipal water or municipal sewer 10.5 metres iii) on private well and private septic system 10.5 metres 171 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 CF ZONE _____________________________________________________________________________________________________ (f) Rear Yard Depth (minimum) i) on municipal water and municipal sewer 2 metres ii) on municipal water or municipal sewer 15 metres iii) on private well and private septic system 15 metres* (g) Lot Coverage (maximum) 40% (h) Building Height (maximum) 10.5 metres (i) Open Storage in accordance with the provisions for Open Storage in Section 3 - General Provisions of this By-law (j) Parking and Loading Space in accordance with the provisions for Space Requirements Parking and Loading Space Requirements in Section 3 of this By-law (k) Separation Distances in accordance with the provisions for Separation Distances in Section 3 of this By- law (l) Setbacks in accordance with the provisions for Setbacks in Section 3 of this By-law (m) Accessory Uses, Buildings and Structures: Notwithstanding any Zone provision of this Zone to the contrary, uses, buildings and structures which are accessory to the permitted uses of this Zone shall be permitted in accordance with the requirements for Accessory Uses, Buildings and Structures in Section 3.0 General Provisions of this By-law. 18.3 EXCEPTION ZONES (a) Community Facility - Exception One (CF-E1) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the CF-E1 Zone within Part Lot 182, Range B South, in the geographic Township of Sherwood, in the former Village of Barry's Bay, and more particularly described as Part 1 on 49R-13391, with a civic address of 9 Stafford Street, no person shall use any lot or erect, alter or use any building or structure except in accordance with the following provisions: i) Permitted Uses: 172 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 CF ZONE _____________________________________________________________________________________________________ - a maximum 60-bed senior citizens home - accessory hairdressing salon (includes a beauty parlor and/or barber shop) - uses, buildings or structures accessory to the foregoing ii) Zone Provisions: i. Minimum Lot Area 0.36 hectares ii. Minimum Lot Frontage 19.0 metres iii. Minimum Front Yard Depth 6.0 metres iv. Minimum Rear Yard Depth 7.5 metres v. Minimum Interior Side Yard Depth 2.0 metres vi. Minimum Exterior Side Yard Depth 6.0 metres vii. Maximum Lot Coverage 35% viii. Maximum Building Height 15.5 metres ix. Minimum No. of Parking Spaces: 1. Retirement Home One (1) parking space for every four (4) beds 2. Other Permitted Uses See Section 3.23 x. Minimum No. of Loading Spaces One (1) loading space (b) Community Facility - Exception Two (CF-E2) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the CF-E2 Zone within Part of Lot 8, Concession 7, in the geographic Township of Radcliffe, with a civic address of 39844 Combermere Road, a transfer station is a permitted use. (c) Community Facility - Exception Three (CF-E3) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the CF-E3 Zone within Part of Lot 181, Range "B" North, geographic Township of Sherwood (Barry's Bay), now in the Township of Madawaska Valley, a covered gazebo in Zurakowski Park shall be permitted and the following provisions shall also apply: Front Yard Depth (minimum) 3 metres Rear Yard Depth (minimum) 3 metres In addition, the setback from all lot lines for all interpretive signs, billboards, banners, pillars, movie screens and similar structures and appurtenances shall be 0 metres. 173 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 CF ZONE _____________________________________________________________________________________________________ (d) Community Facility - Exception Four (CF-E4) Zone Notwithstanding any other provision of this By-law to the contrary, for the lands located in the CF-E4 Zone within Part of Lot 181, Range "B" South, in the geographic Township of Sherwood (Barry's Bay), now in the Township of Madawaska Valley, known municipally as 149 Dunn Street, and designated Part 1 on Reference Plan 49R-7469, the following provisions shall apply to a portable annex: i) Side Yard Width (minimum) 0.5 metres ii) Rear Yard Depth (minimum) 0 metres iii) Parking Required 0 parking spaces (e) Community Facility - Exception Five (CF-E5) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the CF-E5 Zone, designated as Lot 67 on Plan 168, in the geographic Township of Sherwood (Barry's Bay) the following provisions shall apply for the existing building: i) Front Yard Depth (minimum) 3.5 metres ii) Side Yard Width (minimum) 1.8 metres. (f) Community Facility - Exception Six (CF-E6) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the CF-E6 Zone, described as Part of Lot 5, Concession 5, in the geographic Township of Radcliffe, now in the Township of Madawaska Valley, and known municipally as 39249 Combermere Road, the following provisions shall apply: i) Water Setback for a gazebo (minimum) 8 metres ii) Front Yard Depth (minimum) 9 metres iii) Side Yard Width (minimum) 4.5 metres. 174 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 EP ZONE _____________________________________________________________________________________________________ SECTION 19.0 - REQUIREMENTS FOR ENVIRONMENTAL PROTECTION (EP) ZONE 19.1 PERMITTED USES No person shall use land or erect or use a building or structure in any EP Zone except for: (a) Residential Uses - a single detached dwelling existing at the date of passing of this By-law (b) Non-Residential Uses - dam or other water control structure - erosion control structure - existing farm - forestry - limited farm - passive recreation - private park - public park - accessory uses, buildings and structures existing at the date of passing of this By-law 19.2 ZONE PROVISIONS No person shall use any lot or erect, alter or use any building or structure in any EP Zone except in accordance with the following provisions: (a) Front Yard Depth (minimum) 7.5 metres (b) Side Yard Width (minimum) 3 metres (c) Exterior Side Yard Width (minimum) 7.5 metres (d) Rear Yard Depth (minimum) 15 metres (e) Lot Coverage (maximum) 1% (f) Building Height (maximum) 5 metres 19.3 EXCEPTION ZONES (a) Environmental Protection - Exception One (EP-E1) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the EP-E1 Zone, located within Part of Lots 2-4, Concessions 8 & 9, in the geographic Township of Radcliffe, now in the Township of Madawaska Valley, and known municipally as 835 Chippawa Road, the following shall apply: i) No buildings, structures or site developments uses, including septic systems, drinking water wells, dwellings and secondary/accessory uses shall be permitted. A vegetative buffer, and a narrow, meandering walking trail to the water's edge shall be the only permitted uses. 175 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 EP ZONE _____________________________________________________________________________________________________ ii) VEGETATIVE BUFFER means a strip or corridor of vegetation adjacent to a lake or watercourse which is intended to achieve, among other objectives, the protection of water quality by filtering out sediment and other pollutants from run-off from the land. The details of the vegetative buffer (e.g., types of vegetation, maintenance requirements etc.) shall be in accordance with the approved agreements and site plans registered on title. (b) Environmental Protection - Exception Two (EP-E2) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the EP-E2 Zone, located within Part of Lots 2-4, Concessions 8 & 9, in the geographic Township of Radcliffe, now in the Township of Madawaska Valley, and known municipally as 835 Chippawa Road, the following shall apply: i) No buildings, structures or site developments uses, including septic systems, drinking water wells, dwellings and secondary/accessory uses shall be permitted. A vegetative buffer, laneway and minor landscaping activities shall be the only permitted uses. Landscaping is restricted to the clearing of small diameter trees (trees less than 25 cm in Diameter at Breast Height) with the intent of establishing sightlines and access to water features. ii) VEGETATIVE BUFFER means a strip or corridor of vegetation adjacent to a lake or watercourse which is intended to achieve, among other objectives, the protection of water quality by filtering out sediment and other pollutants from run-off from the land. The details of the vegetative buffer (e.g., types of vegetation, maintenance requirements etc.) shall be in accordance with the approved agreements and site plans registered on title. 176 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 PSW ZONE _____________________________________________________________________________________________________ SECTION 20.0 - REQUIREMENTS FOR PROVINCIALLY SIGNIFICANT WETLANDS (PSW) ZONE 20.1 PERMITTED USES No person shall use land or erect or use a building or structure or do any site alteration in any PSW Zone, except for: (a) Residential Uses - a dwelling existing at the time of passing of this by-law (b) Non-residential Uses - existing farm 20.2 ZONE PROVISIONS 20.3 EXCEPTION ZONES (a) Provincially Significant Wetlands - Exception One (PSW-E1) Zone Notwithstanding any other provisions of this By-law to the contrary, for those lands delineated as Provincially Significant Wetlands - Exception One (PSW-E1), being a 120 m buffer from the PSW Zone as shown on the Schedules inclusive to this By-law, development and site alteration for a single detached dwelling is permitted subject to the following provisions: i) The preparation and submission of an Environmental Impact Study (EIS) which demonstrates that there will be no negative impacts on the natural features or the ecological functions for which the area is identified. ii) Council shall consult with the Ministry of Natural Resources and the County of Renfrew regarding development and its possible impacts. iii) No buildings or structures shall be permitted on lands below the 283.46 metres (930 feet) G.S.C. iv) Development on lands above 283.46 metres (930 feet) but below 284.4 metres (933 feet) shall be floodproofed to the floodplain design elevation of 284.7 metres (934 feet). v) Driveways and private roads shall be floodproofed to an elevation of 284.0 metres (932 feet). vi) An elevation survey and plot plan prepared by an Ontario Land Surveyor or qualified engineer shall accompany an application for a building permit in order to confirm that development is to proceed in accordance with the requirements of this By-law. 177 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 PSW ZONE _____________________________________________________________________________________________________ (b) Provincially Significant Wetlands - Exception Two (PSW-E2) Zone Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the PSW-E2 Zone within part of Lots 9 and 10, Concession 1 and part of Lot 10, Concession 2, geographic Township of Radcliffe, a single detached dwelling is permitted subject to the following provisions: i) No buildings or structures shall be permitted on lands below the 283.46 metres (930 feet) G.S.C. ii) Development on lands above 283.46 metres (930 feet) but below 284.4 metres (933 feet) shall be floodproofed to the floodplain design elevation of 284.7 metres (934 feet). iii) Driveways and private roads shall be floodproofed to an elevation of 284.0 metres (932 feet). iv) An elevation survey and plot plan prepared by an Ontario Land Surveyor or qualified engineer shall accompany an application for a building permit in order to confirm that development is to proceed in accordance with the requirements of this By-law. 178 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 ANSI ZONE _____________________________________________________________________________________________________ SECTION 21.0 - REQUIREMENTS FOR NATURAL & SCIENTIFIC INTERESTS (ANSI) ZONE 21.1 PERMITTED USES No person shall use land or erect or use a building or structure or do any site alteration in any ANSI Zone, except for: (a) Residential Uses - a dwelling existing at the time of passing of this by-law (b) Non-residential Uses - existing farm 21.2 ZONE PROVISIONS Notwithstanding any other provisions of this By-law to the contrary, for those lands zoned Areas of Natural and Scientific Interest (ANSI), which includes the ANSI and a 50 metre buffer around the boundary of the ANSI, as shown on the Schedules inclusive to this By- law, development and site alteration for a single detached dwelling is permitted subject to the following provisions: i) The preparation and submission of an Environmental Impact Study (EIS) which demonstrates that there will be no negative impacts on the natural features or the ecological functions for which the area is identified; and ii) Council shall consult with the Ministry of Natural Resources and the County of Renfrew regarding development and its possible impacts. 21.3 EXCEPTION ZONES 179 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 OS ZONE _____________________________________________________________________________________________________ SECTION 22.0 - REQUIREMENTS FOR OPEN SPACE (OS) ZONE 22.1 PERMITTED USES No person shall use land or erect or use a building or structure in any OS Zone except for: (a) Residential Uses - prohibited (b) Non-Residential Uses - buffer strip - landscaped open space - natural area - passive recreation - private park - public park 22.2 ZONE PROVISIONS (a) Lot Area (minimum) NIL (b) Front Yard Depth (minimum) NIL (c) Side Yard Width (minimum) NIL (d) Rear Yard Depth (minimum) NIL (e) Building Height (maximum) 5 metres (f) Accessory Uses, Buildings and Structures: Notwithstanding any Zone Provision of this Zone to the contrary, uses, buildings and structures that are accessory to the permitted uses of this Zone shall be permitted in accordance with the requirements for Accessory Uses, Buildings and Structures in Section 3 - General Provisions of this By-law. 22.3 EXCEPTION ZONES (a) Open Space - Exception One (OS-E1) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the OS-E1 Zone within Lot 24, Concession 9 and 10, in the geographic Township of Sherwood, now in the Township of Madawaska Valley, hunting and fishing camp shall be a permitted use. 180 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 OS ZONE _____________________________________________________________________________________________________ (b) Open Space - Exception Two (OS-E2) Notwithstanding any other provisions of this By-law to the contrary, for the lands located in the OS-E2 Zone, described as Part of Lot 7, Concession 3, designated as Part 4 on Reference Plan 49R-8483, and Part of Lots 7 & 8, Concession 4, designated as Part 1 on Reference Plan 49R-19478, in the geographic Township of Radcliffe, now in the Township of Madawaska Valley, a parking area shall be a permitted use. 181 TOWNSHIP OF MADAWASKA COMPREHENSIVE ZONING BY-LAW 2026-50 SUR ZONE _____________________________________________________________________________________________________ SECTION 23.0 - REQUIREMENTS FOR SUBURBAN RESERVE (SUR) ZONE 23.1 PERMITTED USES No person shall use land or erect or use a building or structure in any SUR Zone except for: (a) Residential Uses - existing dwellings (b) Non-Residential Uses - passive recreational uses - existing farms, but not including an intensive farm, and excluding any additional dwellings associated with a farm use - accessory buildings and structures provided such accessory buildings and structures shall not exceed 15 square metres in area 23.2 ZONE PROVISIONS (a) Front Yard Depth (minimum) 10.5 metres (b) Side Yard Width (minimum) 5 metres (c) Rear Yard Depth (minimum) 15 metres (d) Building Height (maximum) 5 metres 23.3 EXCEPTION ZONES (a) Suburban Reserve-Exception One (SUR-E1) Notwithstanding any other provision of this By-law to the contrary, for the land located in the Suburban Reserve-Exception One (SUR-E1) Zone, being Part of Lot 178, Range 'B' South, in the geographic Township of Sherwood, two Storage Trailers (being Shipping Containers) shall be permitted. 182 SECTION 24.0 - ENACTMENT This By-law shall become effective on the date of passing by Council. This By-law be read a FIRST and SECOND time this 20th day of May 2026. This By-law be read a THIRD time and finally passed this 20th day of May 2026. MAYOR CAO/CLERK