Town of Marathon Zoning By-law No. 1873 (May 2016)

Marathon, Ontario · No. 1873 · summary & facts

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot 3b58839940e0 · verified 2026-10-18 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## TOWN OF MARATHON ZONING BY-LAW NO. 1873 May 2016 <!-- image --> ## TABLE OF CONTENTS | SECTION 1 - INTERPRETATION AND ADMINISTRATION. | SECTION 1 - INTERPRETATION AND ADMINISTRATION. | 1 | |--------------------------------------------------------|-----------------------------------------------------------------|------------| | SECTION 2 - DEFINITIONS SECTION 3 - ZONES AND ZONE MAP | SECTION 2 - DEFINITIONS SECTION 3 - ZONES AND ZONE MAP | 4 | | 3.1 | Establishment of Zones. | ...31 ..31 | | 3.2 | Use ot Zone Symbols ... | ...31 | | 3.3 | Interpretation of Zone Boundaries | ..31 | | 3.4 | Special Provisions .... | 32 | | SECTION 4 - GENERAL PROVISIONS | SECTION 4 - GENERAL PROVISIONS | 33 | | 4.1 | Application... | 33 | | 4.2 | Accessory Uses, Buildings and Structures..... | ..33 | | 4.3 | Automobile Wrecking Yards and Salvage Yards. | ..34 | | 4.4 | Bed and Breakfast Establishments.. | 34 | | 4.5 | Buffer Strips... | 34 | | 4.6 | Certain Uses Not Restricted | 35 | | 4.7 | Corner Lot Sight Restrictions.. | 35 | | 4.8 | Dangerous Uses.. | 35 | | 4.9 | Existing Lots | 35 | | 4.10 | Fences.... | 36 | | 4.11 | Greater Restrictions to Apply | 36 | | 4.12 | Group Homes .. | 36 | | 4.13 | Height Exceptions. | 36 | | 4.14 | Home Occupations | 36 | | 4.15 | Land Without Buildings.. | 37 | | 4.16 | Loading Spaces.. | 37 | | 4.17 | Loading Spaces Standards | 37 | | 4.18 | Lots with More than One Zone | 38 | | 4.19 | Main Buildings on a Lot. | 38 | | 4.20 | Mobile Homes.... | 38 | | 4.21 | Non-Compliance with Minimum Lot or Yard Requirements | 38 | | 4.22 | Non-Conforming Uses... | 38 | | 4.23 | Obnoxious Uses.. | 39 | | 4.24 | Occupancy of Partially Completed Buildings.. | 39 | | 4.25 | Outdoor Wood Burning Furnaces | 39 | | 4.26 | Outside Storage.... | 40 | | 4.27 | Parking Area Standards | 40 | | 4.28 | Parking, Accessible Requirements. | 40 | | 4.29 | Parking Requirements.. | 41 | | 4.30 | Permitted Encroachments in Yards | 43 | | 4.31 | Permitted Public Uses .. | 44 | | 4.32 | Portable Asphalt Plants. | 45 | | 4.33 | Pre-fabricated Shipping Container.. | 45 | | 4.34 | Prohibited Uses ....... | 45 | | 4.35 | Road Frontage Required | 45 | | 4.36 | Secondary Dwelling Units.. | 46 | | 4.37 | Semi Trailers Parked, Stored or Used as Storage Facilities | 46 | | 4.38 | Service Stations, Public Garages and Gas Bars.. | 46 | | 4.39 | Services Required ....... | 47 | | 4.40 | Setbacks and Lot Frontage Requirements on Provincial Highways.. | 47 | | 4.41 | Setback from Navigable and Non-Navigable Watercourses, Hazard Land and Municipal Surface Drains.. | 47 | |-------------------------------------------------------------|-----------------------------------------------------------------------------------------------------|------| | 4.42 | Setback from Waste Disposal Site .. | .47 | | 4.43 | Setbacks on Roads .... | 47 | | 4.44 | Signs.. | 47 | | 4.45 | Special Uses Permitted | 48 | | 4.46 | Structures in Water..... | .48 | | 4.47 | Temporary Buildings..... | ..48 | | 4.48 | Truck, Bus and Coach Bodies or Trailers or Tents used for Human Habitation. | 48 | | 4.49 | Wayside Pits and Quarries | 48 | | | Yard and Open Space Provision for all Zones . | 49 | | SECTION 5 - RURAL ZONE (RU) REGULATIONS | SECTION 5 - RURAL ZONE (RU) REGULATIONS | 50 | | SECTION 6 - RURAL RESIDENTIAL ZONE (RR) REGULATIONS | SECTION 6 - RURAL RESIDENTIAL ZONE (RR) REGULATIONS | 51 | | SECTION 7 - RESIDENTIAL 1 ZONE (R1) REGULATIONS | SECTION 7 - RESIDENTIAL 1 ZONE (R1) REGULATIONS | 52 | | SECTION 8 - MOBILE HOME RESIDENTIAL ZONE (R2) REGULATIONS | SECTION 8 - MOBILE HOME RESIDENTIAL ZONE (R2) REGULATIONS | 54 | | SECTION 9 - RESIDENTIAL MULTIPLE ZONE (RM-1) REGULATIONS | SECTION 9 - RESIDENTIAL MULTIPLE ZONE (RM-1) REGULATIONS | 55 | | SECTION 10--TEMPORARY ACCOMMODATIONS ZONE (RM-2) REGULATIONS | SECTION 10--TEMPORARY ACCOMMODATIONS ZONE (RM-2) REGULATIONS | 58 | | SECTION 11 - SEASONAL RESIDENTIAL ZONE (SR) REGULATIONS. | SECTION 11 - SEASONAL RESIDENTIAL ZONE (SR) REGULATIONS. | 59 | | SECTION 12 - NEIGHBOURHOOD COMMERCIAL ZONE (C1) REGULATIONS | SECTION 12 - NEIGHBOURHOOD COMMERCIAL ZONE (C1) REGULATIONS | 60 | | SECTION 13 - GENERAL COMMERCIAL ZONE (C2) REGULATIONS.. | SECTION 13 - GENERAL COMMERCIAL ZONE (C2) REGULATIONS.. | 61 | | SECTION 14 - HIGHWAY COMMERCIAL ZONE (C3) REGULATIONS. | SECTION 14 - HIGHWAY COMMERCIAL ZONE (C3) REGULATIONS. | 63 | | SECTION 15 - TOURIST COMMERCIAL ZONE (TC) REGULATIONS | SECTION 15 - TOURIST COMMERCIAL ZONE (TC) REGULATIONS | 65 | | SECTION 16 - ENTERPRISE ZONE (E) REGULATIONS .. | SECTION 16 - ENTERPRISE ZONE (E) REGULATIONS .. | ..67 | | SECTION 17 - LIGHT INDUSTRIAL ZONE (M1) REGULATIONS. | SECTION 17 - LIGHT INDUSTRIAL ZONE (M1) REGULATIONS. | 69 | | SECTION 18 - HEAVY INDUSTRIAL ZONE (M2) REGULATIONS | SECTION 18 - HEAVY INDUSTRIAL ZONE (M2) REGULATIONS | 71 | | SECTION 19 - INSTITUTIONAL ZONE (I) REGULATIONS.. | SECTION 19 - INSTITUTIONAL ZONE (I) REGULATIONS.. | 74 | | SECTION 20 - OPEN SPACE ZONE (OS) REGULATIONS | SECTION 20 - OPEN SPACE ZONE (OS) REGULATIONS | 75 | | SECTION 21 - ENVIRONMENTAL PROTECTION ZONE (EP) REGULATIONS | SECTION 21 - ENVIRONMENTAL PROTECTION ZONE (EP) REGULATIONS | 76 | | SECTION 22 - HOLDING ZONE (H) REGULATIONS.. | SECTION 22 - HOLDING ZONE (H) REGULATIONS.. | 77 | | SCHEDULE "A" - TOWN OF MARATHON | SCHEDULE "A" - TOWN OF MARATHON | 79 | | SCHEDULE "B" - MARATHON TOWNSITE | SCHEDULE "B" - MARATHON TOWNSITE | 80 | | CONVERSION TABLE (APPROXIMATE) | CONVERSION TABLE (APPROXIMATE) | 81 | <!-- image --> A By-law to regulate the use of land, and the character, location and use of buildings and structures in the Town of Marathon. WHEREAS the Council of The Corporation of the Town of Marathon deems it necessary in the public interest to pass a restricted area by-law in order to regulate the use of land anc the erection and use of buildings and structures; AND WHEREAS authority is granted under Section 34 of the Planning Act, R.S.O., 1990, subject to the approval of the Ontario Municipal Board, to pass this By-law; AND WHEREAS the Council of the Corporation of the Town of Marathon has adopted an Official Plan for the municipality which has been approved by the Minister of Municipal Affairs and Housing, Council deems it advisable to implement the Official Plan of the Town of Marathon; NOW THEREFORE the Council of the Corporation of the Town of Marathon ENACTS AS FOLLOWS: ## SECTION 1 - INTERPRETATION AND ADMINISTRATION ## 1.1 Title This By-law shall be known as the "Zoning By-law" of the Corporation of the Town of Marathon. ## 1.2 Application Vincipalio s of thir By ray er al egly to al sands within the boundaries of the ## Scope No lands shall be used and no buildings or structures shall be erected, altered enlarged or used within the Town of Marathon except in conformity with the provisions of this By-law. ## 1.4 Minimum Requirements In interpreting and applying the provisions of this By-law, they are held to be the minimum requirements for the promotion of the health, safety, comfort, convenience, and general welfare of the inhabitants of the Municipality. ## 1.5 Meaning of Use Unless the context otherwise requires, the expressions "use" or "to use" in this By-law include anything done or permitted by the owner or occupant of any land or buildings, directly or indirectly or by or through any trustee, tenant, servant, or agent, acting for, or with the knowledge or consent of such owner or occupant, for the purpose of making use of the said land or building. ## 1.6 Meaning of Shall In this By-law, the word "shall" shall always be construed as mandatory. ## 1.7 Number and Gender In this By-law, unless the contrary intention appears, words imparting the singular number or the masculine gender only shall include more persons, parties, or things of the same kind than one, and females as well as males, and the converse. ## 1.8 Administration This By-law shall be administered by the Chief Building Official and/or such other persons or persons as the Council of the Town of Marathon designates. ## 1.9 Licenses and Permits No person shall be entitled to a municipal permit, certificate, or license where the ## TOWN OF MARATHON said permit is required for a proposed use of land or a proposed erection, alteration, enlargement or use of any building or structure that is in violation of an rovisions of this Bv-law ## 1.10 Building to be Moved Auricity or stale overheto the Minical red side we lit peri rom the Chief Buildina Official ## Repeal of Existing By-laws From the coming into force of this By-law, all previous by-laws passed under Section 34 of the Planning Act, or a predecessor thereof, shall be deemed to have been repealed except to the extent that any of the said by-laws prohibits the use of any land, building or structure for a purpose that is also prohibited by this By-law. ## 1.12 Application of Other By-laws Nothing in this By-law shall serve to relieve any person from the obligation to comply with the requirements of any By-law of the Municipality, in force from time to time, or the obligation to obtain any license, permit, authority or approval required under any By-law of the Municipality. ## 1.13 Validity Should any section, clause or provision of this By-law be held by a court of competent jurisdiction to be invalid, the validity of the remainder of the By-law shall not be affected. ## 1.14 Violations and Penalties - a) Every person who uses any lot, or erects or uses any building or structure or contravention, shall be guilty of an offence and upon conviction therefore, shall be liable: - i) on a first conviction to a fine of not more than $25,000; and 3. ii) on a subsequent conviction to a fine of not more than $10,000 from each day or part thereof upon which the contravention has continued after the day on which the conviction was first made. - b) Where a corporation is convicted under Section 1.14(a) of this By-law, the maximum penalty that may be imposed is: - i) on a first conviction, a fine of not more than $50,000; and 6. ii) on a subsequent conviction, a fine of not more than $25,000 for each day or part thereof upon which the contravention has continued after the day on which the corporation was first convicted. - c) Every such penalty as set out in Section 1.14 of this By-law shall be ## TOWN OF MARATHON ## ZONING BY-LAW NO. recoverable under the Section 67 of the Planning Act, and/or the Provincial Offenses Act and/or any other legislation applicable. ## 1.15 Remedies In case any buildings or structure or any part thereof is to be erected, altered, reconstructed or extended, or any lot is being used or is to be used, in contravention of any requirement of this By-law, such contravention may be restrained by action at the instance of any rate-payer or of the Municipality, pursuant to the provisions of the Planning Act, and/or the Municipal Act and/or any ## TOWN OF MARATHON ## SECTION 2 - DEFINITIONS For the purpose of this By-law, the definitions and interpretations given herein shall govern. ## 2.1 Abandoned Means the failure, in the opinion of the Chief Building Official, to proceed expeditiously with construction work or to undertake 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, poultry or other animals for purpose of processing or rendering. Means a detached building or structure that is not used for human habitation except where a residential use is a permitted accessory use, but the use of which is naturally and normally incidental to, subordinate to, or exclusively devoted to a principal use or building and located on the same lot therewith and includes a detached private garage, detached carport, detached deck and dock. ## 2.4 Accessory Use Means a use naturally and normally incidental to, subordinate to, or exclusively devoted to a principal use and located on the same lot therewith. ## 2.5 Aggregate marie, gravil, and da, earth, an me, stone, limestone, dolostone, sandstone. ## Aggregate Pit Means a place where unconsolidated gravel, stone, sand, earth, clay, fill, minera or other material is being or has been removed by means of an open excavation and includes the processing thereof for commercial purposes including screening, sorting, washing, crushing, and other similar operations, together with required buildings and structures, but does not include a wayside pit. ## Agricultural Use Means the cultivation of land, the production of crops and the selling, packing, storage of such products on the premises, and the breeding, and raising of livestock and the selling of the product of such livestock raised on the premises, and includes animal husbandry, dairying, and the raising and harvesting of bog, marsh, field, bush or tree crops, market gardening, nurseries, bee-keeping and ## TOWN OF MARATHON ## ZONING BY-LAW NO. greenhouses, bait fish culture and harvesting, and peat harvesting. ## 2.8 Airport Means the use of land, including water, runway, or other facility designed, used or intended to be used, either publicly or by any person or persons, for the landing or taking off of aircraft, including all necessary taxiways, aircraft storage, tie-down areas, hangars and other necessary buildings, structures and open spaces. ## 2.9 Alter - When used in reference to a lot, the word "alter" means to increase the width, depth or area thereof or 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 road or lane, whether such alteration is made by conveyance or alienation of any portion of said lot, or otherwise; or - a) When used in reference to a building or structure or part thereof, shall mean to change the use or the external dimensions of such building or structure or to change the type of construction of the exterior walls or roof thereof; - When used in reference to a use, to discontinue and replace a use with a use which is defined herein as being distinct from the discontinued use. ## 2.10 Animal Hospital or Veterinary Clinic Means a building wherein domestic animals/pets, birds, or livestock and farm animals are treated or kept under the care of a licensed veterinary surgeon, but shall not include an animal kennel or boarding facilities for gain or profit. ## 2.11 Animal Shelter Means a building or portion thereof where small domestic animals/pets, birds, livestock or farm animals are given temporary shelter, where minor treatment is given, and includes a public pound and crematorium but does not include any establishment engaged primarily in the retail sale of animals or in the breeding or training of animals for gain or profit. ## 2.12 Apartment Building Means a building that contains 4 or more dwelling units which have one or more common entrances from road level and are served by a common corridor, and the occupants of the units have the right to use in common the corridors, stairs, elevators, yards or one or more of them. ## 2.13 Arena Means a facility for sport activities and includes ice surfaces for hockey and curling and other surfaces for any sporting activity. ## TOWN OF MARATHON Means a building, or part thereof, in which facilities are provided for such purposes as meetings for civic, educational, political, recreational, religious or social purposes and, without limiting the generality of the foregoing, may include such ## 2.15 Attached ## 2.16 Attic Means that portion of a building immediately below the roof and wholly or partly within the roof framing. ## 2.17 Automobile Body Repair Shop Means a building or structure used primarily for making repairs or alterations to the body or paint work of any vehicle. ## 2.18 Automobile Service Station Means a building, or part of a building, or a clearly defined space on a lot used primarily for the retail sale of lubrication oils, gasoline, diesel fuel and propane for motor vehicles, and may include the sale of automobile accessories, and the servicing and repairing essential to the operation of motor vehicles and may include a gas bar, but does not include a car washing establishment. ## 2.19 Automotive Sales and Service Means a commercial establishment used for the display and sale of new or used vehicles and may include the servicing and repair of vehicles, automobile body repair, the sale of automobile parts and accessories and related products and the leasing or renting of vehicles. ## 2.20 Bake Shop Means a bakery where the prepared food products of such bakery are offered for retail sale on the same premises. Means that portion of a building between two floor levels which is more than 50% below the ground level at the exterior walls. No part of the basement or cellar of an unfinished dwelling may be used for sleeping accommodation. ## TOWN OF MARATHON ## Bed and Breakfast Establishment Means a dwelling in which not more than 3 bedrooms for overnight lodging are provided for gain, with breakfast included, for the temporary accommodation of the raveling or vacationing public and includes the living accommodation of the residents of the dwelling, but shall not include a hotel, motel, resort, trailer camp, seasonal camp or camping establishment. The principal use of the dwelling unit shall be for residential purposes and the bed and breakfast establishment shall be an ancillary use to the main residential use. Guest bedrooms shall not be located in the basement or cellar of the residence. ## 2.23 Boarding House or Rooming House Means a building or portion thereof, in which the proprietor supplies to other persons, for hire or gain, lodging, meals or both, but shall not include a hotel, motel, hospital, home for the young or the aged, or institution, or restaurant accommodating the general public. ## 2.24 Boat House Means a detached accessory building or structure constructed for the purpose of sheltering or storage of boats or other form of water transportation and accessories, but it shall not include a dwelling unit. ## 2.25 Buffer Strip Means an area of land used for no other purpose than for the erection of a fence, or the planting and maintaining of a continuous row of natural evergreens or a continuous hedgerow of natural shrubs and the remainder of which is to be used for landscaping. ## 2.26 Building Means any structure, whether temporary or permanent, used or intended for sheltering any use or occupancy, but shall not include a boundary wall or fence or any vehicle as defined herein. ## 2.27 Building Area Means the greatest horizontal area of a storey above grade within the outside surface of exterior walls or within the outside surface of exterior walls and the centre line of firewalls. ## 2.28 Bulk Sales and Storage Establishment Means the use of land for the purpose of storing, buying and selling coal, fuel oil, propane, wood, lumber, building materials, ice and allied chemicals, but does not include any manufacturing, assembling or processing uses. ## ZONING BY-LAW NO.\_ ## TOWN OF MARATHON ## 2.29 Business Office but does not include a body-rub parlour or any adult entertainment parlour as ## 2.30 By-law Enforcement Officer Means a person appointed by Council and charged with the duty of enforcing the provisions of the Zoning By-law and any amendments hereto. This person may include the Chief Building Official. ## 2.31 Cabin Means a "cottage" as defined in this By-law. ## 2.32 Campground Means a parcel of land used for short-term occupancy by campers using travel trailers, tents, tent trailers, or other moveable dwellings, rooms or sleeping quarters of any kind for short-term occupancy. ## 2.33 Car Wash Means an establishment where motor vehicles are washed, cleaned or polished for compensation, including a coin wash, but does not include an automobile service station or public garage. ## 2.34 Cemetery Means a cemetery or columbarium within the meaning of the Cemetery Act, as amended from time to time. ## 2.35 Child Care Centre Means a premises that receives more than 5 children who are not of a common parentage, primarily for the purpose of providing temporary care, or guidance, or both, for a continuous period, not exceeding twenty-four hours where the children are: - a) under eighteen years of age in the case of a child care centre for children with a developmental handicap; and - b) under thirteen years of age in all other cases; In accordance with the Child Care and Early Years Act, as amended or revised from time to time. ## 2.36 Clinic Means a building or structure that is used or intended for use by one or more physicians, dentists, chiropractors and/or drugless practitioners, or any one or ## TOWN OF MARATHON more of them, as well as their staff and patients, for the purpose of consultation, diagnosis and office treatment. ## 2.37 Club Means a building or part of a building used as a meeting place for members of an organization and includes a lodge, an athletic, social or recreational organization. a fraternity or sorority house and a labour union hall. ## 2.38 Commercial Use Means the use of land or buildings for the purpose of buying and/or selling commodities and supplying services separate from such uses as manufacturing or assembling of goods, warehousing, transport terminals, construction and other ## 2.39 Community Centre commercia pling ses, the conti of which is vested vin the and ically, a cal board, or commission. ## 2.40 Community Support Service Organization Means a non-government, non-profit, non-commercial organization whose primary function is to carry on social, cultural, recreational, or welfare programmes. ## 2.41 leans a building, structure or land wherein the owner holds title to his/her ow welling unit and/or land while sharing title to common areas of the developmen and sharing maintenance/operating costs with other dwelling unit or land owners through a condominium corporation incorporated under the Condominium Act. ## 2.42 Contaminated Site Means land that is contaminated from past land use activities relating to, but not limiting to, industrial uses, transportation or utility purposes including municipal and Ministry of Transportation refuelling yards, waste disposal sites, and commercial uses such as gas stations, auto repair shops and lands where filling has occurred. ## Convenience Store ## TOWN OF MARATHON ## 2.44 Cottage Means a detached building used as an occasional and seasonal residential dwelling for recreation, but not occupied continuously or as a principal residence or as a year-round permanent dwelling. ## 2.45 Council Means the Municipal Council of the Corporation of the Town of Marathon. ## 2.46 Demolition Means the doing of anything in the removal of a building or any part thereof. ## 2.47 Detached Means "not attached". ## 2.48 Development Means the construction or erection of buildings or structures on, or the excavation and grading of land. ## 2.49 Dock Means a structure on land or in the water to be used for transferring goods or passengers to or from a boat or airplane. 50 Deans a permanent or temporary building providing sleeping accommodatin for persons not living as a family and may include communal cooking and laundry facilities, attached or detached from a main building. Means a building, occupied or designed to be occupied exclusively as a home, reading brutes, loan houser more ers, sorte, re real. institutions. ## 2.52 Dwelling, Duplex Means a building that is divided horizontally into 2 dwelling units, each of which has an independent entrance either directly or through a common vestibule. ## 2.53 Dwelling, Multiple Means a building used, designed, or intended to be used for occupancy as 3 or more dwelling units independently of each other. ## TOWN OF MARATHON ## Dwelling, Semi-detached ## ZONING BY-LAW NO.\_ Means a building that is divided vertically into 2 dwelling units designed or intended to be used for occupancy as a single dwelling unit and which dwelling units may be held in separate ownership. This definition shall not include a mobile home as defined herein. ## 2.55 Dwelling, Single-detached Means a separate building or factory built twin-wide or double-wide modular home designed, used, or intended to be used for occupancy as a single dwelling. This definition shall not include a mobile home as defined herein. ## 2.56 Dwelling, Townhouse Block Means a building containing not less than 3 and not more than 8 attached dwelling units with a common masonry wall dividing each of the abutting dwelling units vertically, each with an independent entrance from the outside. The attachment along the common wall may include a dwelling unit wall and/or a garage wall. ## 2.57 Dwelling, Townhouse Street Means a townhouse or rowhouse dwelling which has direct access and frontage long a public street. Each dwelling unit may be located on a separate lot. Fo treet townhouses, the maximum number of attached units shall be 8 unit: ## Dwelling Unit Means one or more habitable rooms occupied or designated to be occupied by an individual or family, as an independent and separate housekeeping establishment, in which separate kitchen and sanitary facilities are provided for the use of such individuals or family, with a private entrance from outside the building or from a common hallway or stairway inside the building. ## Dwelling Unit, Bachelor Means a dwelling unit in which only one room or part thereof contains sleeping accommodation, and which room is used as a living or dining room or both, as well as for sleeping purposes, but does not mean or include a dwelling unit containing one or more rooms designed exclusively for sleeping accommodation ## TOWN OF MARATHON ## ZONING BY-LAW NO. Means a dwelling unit either in or added to an existing single detached, semi-detached, duplex, or townhouse, for use as an independent living facility with self-contained kitchen and sanitary facilities ## 2.61 Easement Means "Right-of-Way" as defined in this By-law. ## 2.62 Entertainment Facility auditorium, plinic hal, Bingo hat, liard or pot ro pitare de, boring alley, re or roller skating rink, but does not include an adult entertainment establishment designed to appeal to erotic or sexual inclinations. ## Equipment Sales and Service Establishment Means a building or part thereof, used for the maintenance or general repair of equipment, tools, bicycles, appliances, household articles and small motors but does not include an automobile body shop, automotive machine shop or automobile service station. 2.64 Means to build, construct, reconstruct or relocate any building or structure and includes, without limiting the generality of the foregoing: - a) The performance of any preliminary physical operation, such as excavating, grading, filling or draining; - b) The alteration of a building or structure by an addition, enlargement or extension; or 3. Any work for which a building permit is required under the Ontario Building Code, as amended "Erected" and "erection" shall have corresponding meanings. ## 2.65 Existing Means existing as of the date of the final passing of this By-law. ## 2.66 Financial Institution Means a commercial establishment such as a bank, trust company, credit union or other similar business or institution where money is deposited, kept, lent and exchanged. ## TOWN OF MARATHON ## 2.67 Flood Fringe ## ZONING BY-LAW NO. Means the outer portion of the flood plain between the floodway and the limit of the regulatory flood. ## 2.68 Flood Plain Means the area, usually low lands, adjoining a watercourse which has been, or may be covered by flood water. ## 2.69 Floodproofing Means the combination of structural changes and/or adjustments incorporated into ## 2.70 Floodway Means the channel of a watercourse and that inner portion of the flood plain where flood depths and velocities are generally higher than those experienced in the flood fringe. The floodway represents that area required for the safe passage of flood flows and that area where flood depths and velocities are considered as such that they pose a potential threat to life and property. ## 2.71 Floor Area Means the sum of the areas of all of the floors of a building or structure measured from the outside of all outside walls, exclusive of any attached accessory building, terrace, veranda, unfinished attic, basement, cellar, open or enclosed porch or sunroom, unless such sunroom or enclosed porch is an integral part of the building and habitable in all seasons. ## 2.72 Floor Area, Ground Means the maximum area of that portion of a lot occupied by a building or structure measured to the outside walls, excluding a private garage in the case of a dwelling. ## Forestry Use Means the raising and harvesting of wood and, without limiting the generality of the foregoing, includes the raising and cutting of fuel wood, pulp wood, lumber, Christmas trees, and other forest products. ## 2.74 Fuel Depot Means a lot where bulk storage of fuel, including petroleum products and propane takes place and where wholesaling and retailing of these products is carried on. ## TOWN OF MARATHON ## Garage, Private or Carport Means a building or portion of a building designed for the storage of private passenger motor vehicles wherein no service for profit is rendered; where such structure is attached to the main building, it shall be deemed to be part of the main ## 2.76 Gas Bar Means a lot containing gasoline, diesel fuel or propane dispensing devices and a structure used for the sale of fuel and lubricants for vehicles. ## 2.77 Golf Course Means a public or private area operated for the purposes of playing golf and does not include golf driving ranges. Means a public or private area for the purpose of practicing golf driving techniques and is equipped with distance markers, lighting, safety nets, parking areas, golf equipment rental facilities and washrooms, but does not include a golf course. ## 2.79 Grade Means the average level of finished ground adjoining a building at all exterior walls. ## 2.80 Group Home Means a supervised living accommodation unit in a dwelling unit to accommodate persons requiring a group living arrangement for their well-being, by reason of emotional, mental, physical, social or legal impairment. The residents live under responsible supervision consistent with the particular requirements of its residents. The group home shall conform with municipal By-laws and shall be licensed and/or approved by the Province of Ontario. ## 2.81 Guest Cottage Means a dwelling unit for guest accommodation accessory to a cottage which contains no provision for cooking or any water or sewage treatment systems and is not used year-round for human habitation. ## 2.82 Habitable Room Means a room in a dwelling used for human occupancy but does not include a bathroom, toilet room, serving or storage pantry, laundry and corridor. ## Hazard Land Means land which exhibits, or potentially exhibits, a hazardous condition as a result of its susceptibility to flooding, erosion, subsidence, inundation, as the ## TOWN OF MARATHON presence of organic soils or steep slopes, or where, by reason of its low lying marshy or unstable character, the cost of construction of satisfactory waterworks, sewage or drainage facilities is prohibitive. ## 2.84 Height Means the vertical distance between the average elevation of the finished grade of the ground and a horizontal plane through to: - a) the highest point of the roof in the case of a building with a flat roof; or 2. the underside of a roof deck in the case of a mansard roof. 3. the average point between eaves and ridges in the case of a gable, gambrel, shed or hip roof; or <!-- image --> ## TOWN OF MARATHON ## 2.85 Means a dwelling unit where a maximum of 5 children, who are not residents of the dwelling, are provided temporary care, guidance, or both for a continuous period, not exceeding 24 hours. ## Home Occupation Means the use of part of a dwelling unit for an occupation, trade, craft or business which is clearly secondary to the main residential use of the dwelling unit, carried on entirely within part of a dwelling unit by at least 1 of the permanent residents of such dwelling unit for gain, profit or reward, and does not compete with existin businesses in the commercial areas of the Town. A home occupation shall be licenced in accordance with the Business Licence By-law and shall include such home occupations as surveying, engineering, architecture, accounting, shoe and leather working and repairs, real estate, bookkeeping, computer services, Iressmaking, molding, painting, sculpting, weaving, engraving, and instruction it rs. crafts and music ## 2.87 Hotel Vleans any hotel, tavern, inn, lounge, or public house in one main building or in two or more buildings used mainly for the purposes of catering to the needs of the travelling public by supplying food and furnishing sleeping accommodations of not less than 6 guest rooms, and shall include all buildings liable to be licensed under the Liquor License Act, and operating under the Tourist Act, as revised or amended from time to time. ## 2.88 Hunt Camp Means an area where one or more buildings and/or tents are used for sleeping, accommodations, the preparation and serving of food and/or sports or recreation facilities and are intended for uses as a base camp for hunting, fishing, trapping, mining or forestry. A hunt camp is to be used on a temporary or seasonal basis. ## 2.89 Industrial Use Means the use of land, buildings or structures primarily for manufacturing, ## 2.90 Interpretive Centre A building or group of buildings that provide interpretation of a place of interest, such as the natural environment through a variety of media, such as video displays, information panels and exhibitions of material, and which may also include facilities such as a refreshment stand or gift shop. ## TOWN OF MARATHON ## 2.91 Institutional Use ## ZONING BY-LAW NO.\_ Means the use of land, buildings or other structures for some public or social purpose and may include governmental, religious, educational, charitable, philanthropic, hospital or other similar uses. ## 2.92 Kennel, Animal Means any lot, building or structure on or within which 4 or more domesticated animals of more than 4 months of age are housed, groomed, bred, boarded trained or sold, and which may offer minor medical treatment but does not include a veterinary clinic or animal hospital. Means an area not built upon and not used for any purpose other than as landscaped area, which may include grass, shrubs, flowers, trees and similar types of vegetation and appurtenances, but does not include parking areas, ## 2.94 Lane Means a public thoroughfare or way, not more than 9 metres wide, which affords only secondary means of access to abutting lots. ## 2.95 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 commercial vehicle while loading or unloading goods, merchandise or materials used in connection with the main use of the lot or any buildings thereto, and which has unobstructed access to a road or lane. ## 2.96 Lot Means a parcel or tract of land which is capable of being legally conveyed in accordance with the Planning Act, as amended or revised from time to time. ## 2.97 Lot Area Means the total horizontal area within the lot lines of a lot. ## 2.98 Lot, Corner Means a lot situated at the intersection of, or abutting upon, two or more roads, provided that the angle of intersection of such roads is not more than 135 degrees and each of which is at least 10 metres wide, where such adjacent sides are curved, the angle of intersection of such street lines shall be deemed to be the angle formed by the intersection of the tangents to the street lines, drawn through the extremities of the interior lot lines, and the corner of the lot shall be deemed to be that point of intersection of the said tangents. ## TOWN OF MARATHON Means the combined area of all buildings or structures on the lot measured at the ## 2.100 Lot Depth Of depth means he horizonial distance betweenine odoint of the fronto neV and the apex of the triangle formed by the side lot lines ## 2.101 Lot Frontage Means the horizontal distance between the side lot lines of a lot measured at right angles, but where such lot lines are not parallel, the lot frontage shall be measured perpendicularly to the line joining the midpoint of the front and midpoint of the rear lot lines at a point 7.5 metres back from the front lot line. Where the side lines meet, the lot frontage shall be measured perpendicularly to the line joining the apex of the triangle formed by the side lot lines and the midpoint of the front lot line at a point measured 7.5 metres back from the front lot line. Where the front lot lines are curved, the lot frontage shall be measured along the line between the interior side lot line and the intersection or the tangents to the street line, drawn through the front lot line and exterior side lot line. ## 2.102 Lot, Interior Means a lot, other than a corner lot, which is situated between adjacent lots and has access to one road. ## 2.103 Lot Lines Means the boundary lines of a lot defined as follows: ## a) Front Lot Line shall mean: - i) in the case of an interior lot, the lot line dividing the lot from the road; 2. iii) in the case of a through lot, the front lot line shall be the lot line where the principal access to the lot is provided; 3. ii) in the case of a corner lot, the shorter lot line abutting the road unless each lot line is of equal length, in which case the front lot line shall be the lot line where the principal access to the lot is provided; 4. iv) in the case of a waterfront lot, either the shoreline or streetline shall be deemed the front lot line; - b) Rear Lot Line shall mean the lot line farthest from and opposite the front lot line. - C) Side Lot Line shall mean a lot line other than a front or rear lot line. 7. Side Lot Line, Exterior shall mean a side lot line that is also a street line. ## TOWN OF MARATHON ## 2.104 Lot, Through Means a lot bounded on two opposite sides by roads each of which is at least 10 metres wide, provided, however, that if any lot qualifies as being both a corner lot and a through lot, such lot shall be conclusively deemed to be a corner lot. ## 2.105 Lot, Waterfront Means a lot which abuts a shoreline or shoreline reserve and may or may not also abut a street or lane. ## 2.106 Main Building Means the building or structure in which is conducted the principal use for which the lot is used. ## 2.107 Manufacturing Means a building or part of a building used for the production, compounding, processing, packaging, crating, bottling or assembly of raw or semi-processed or fully processed goods or materials. ## 2.108 Main Wall Means the structural sheeting or foundation wall of the exterior front, sides or rear wall of a building and all structural members to the support of a fully enclosed space or roof. ## 2.109 Marina Means a commercial establishment where a boathouse, boat storage, boat repair facilities boat rental, pier, dock or jetty facilities, or any combination thereof, are available for marine craft and may include a pump for the fuelling of marine craft and a building or structure for the sale or repair of marine craft and accessories. ## 2.110 Mine Hazard Means any feature of a mine as defined under the Mining Act or any related disturbance of the ground that has not been rehabilitated. ## 2.111 Mining Operation Means a mining operation and associated facilities, or past producing mines with remaining mineral development potential that has not been permanently rehabilitated to another use. ## 2.112 Mobile Home Means any dwelling, that does not include a basement, which is designed to be made mobile, and constructed or manufactured to provide a permanent residence for one or more persons, but does not include a travel trailer or tent trailer or trailer otherwise designed. ## 2.113 Mobile Home Parl Means a lot managed by a mobile home park operator, for the permanen placement of not less than 10 mobile homes or factory built park model homes or double-wide homes on individual mobile home sites, which are connected to public water supply and sanitary sewage facilities and may include a park or place of ## .114 Mobile Home Site Means a parcel of land within a mobile home park which is serviced and intende for the placement of one mobile home. ## 2.115 Motel Means one building, or 2 or more detached buildings, for the purpose of catering to the needs of the travelling public by furnishing sleeping accommodations with or without supplying food, and shall include a motor court, auto court, and all buildings liable to be licensed under the Liquor License Act, and/or operating under the Tourist Act, as amended or revised from time to time. ## 2.116 Municipality Means the Corporation of the Town of Marathon. ## 2.117 Navigable Waterway Means a navigable body of water or stream as deemed under the Beds of Navigable Waters Act, and includes any body of water which is capable in its natural state or at normal water level of being navigated by floating vessels for the purpose of transportation, recreation or commerce. ## 2.118 Non-Complying leans a use, building, or structure which is existing but does not meet, comply o agree with the regulations of this By-law, but is a permitted use, building o structure within the zone in which it is located. ## 2.119 Non-Conforming Means a use, building or structure which is existing but which is not permitted in the zone in which it is located. ## 2.120 Non-Residential Means a building, structure or use designed, intended or used for purposes other than those of a dwelling. ## TOWN OF MARATHON ## 2.121 Nursing Home ## ZONING BY-LAW NO. Means a place where accommodation and care are provided for one or more persons, who, by reason of age or infirmity, are in need of same. ## 2.122 Obnoxious Use Means an offensive trade within the meaning of the Public Health Act, or any use which is offensive or dangerous by reason of the emission of odour, smoke, dust, noise, gas fumes, vibration or refuse matter. ## 2.123 Outside Storage Means the storage of goods, merchandise or equipment in the open air and in unenclosed portions of buildings which are open to the air on one or more sides. ## 2.124 Park, Private Means a park controlled or owned by a private individual, group or organization and which may not be open to the public. ## 2.125 Park, Public Means a park controlled or owned by the Municipality or a public authority and which is normally open to the public. ## 2.126 Parking Lot, or Parking Area Means an area for the parking of vehicles and may include aisles, parking spaces and related entrance and exit lanes, but shall not include any part of a road. ## 2.127 Parking Space Means an area 2.8 metres by 6 metres enclosed in a building including a garage, or unenclosed, and set aside for the temporary storage of a vehicle. ## 2.128 Parking, Tandem Means the parking of two or more vehicles one behind the another in a row. ## 2.129 Permitted Means permitted by this By-law. ## 2.130 Person Means an individual, an association, a firm, a partnership, a corporation, a trust, a incorporated company, an organization, a trustee or agent and their heirs, executers or other legal representatives of a person to whom the same can apply according to law. ## TOWN OF MARATHON ## 2.131 Personal Service Establishment Means a building or part thereof in which persons are employed in furnishing services and otherwise administering to individual and personal needs and may include the premises of a barber, hairdresser, beautician, florist, laundromat, and shoe repair establishment, but shall not include an adult entertainment parlour. The sale of merchandise shall be permitted only as an accessory use to the personal service provided. ## 2.132 Place of Worship Means a building dedicated to religious worship and may include a hall, auditorium, educational space, convent, parish hall, and child care centre. ## 2.133 Portable Asphalt Plant Means a facility with equipment designed to heat and dry aggregate and to mix aggregate with bituminous asphalt to produce asphalt paving material, anc includes stockpiling and storage of bulk materials used in the process. A portable asphalt plant is not of permanent construction, but is designed to be dismantled and moved to another location as required. ## 2.134 Pre-fabricated Shipping Container Means a pre-fabricated metal container that is conventionally used for the purpose of shipping goods, but does not include a truck body, trailer or transport trailer. For the purpose of this definition, a pre-fabricated shipping container does not have wheels shall be deemed to be a structure and shall comply with Ontario Building Code and cannot be capable of human habitation. ## 2.135 Public Authority Means any Federal or Provincial agency, school board, public utility commission, board of health, board of commissioners of police, planning board or other board or authority under any general or special statute of Ontario or Canada with respect includes the afite procal of arily stained or By law of the Municipaliy and Ontario Power Generation. ## 2.136 Public Services Means the buildings, structures and other related works necessary for supplying water, gas, oil, electricity, steam, hot water, telephone services, sewage collection and treatment facilities and other services provided by a public authority. ## 2.137 Quarry Means a place where consolidated rock has been or is being removed by means of an open excavation, and includes the processing thereof for commercial purposes ## TOWN OF MARATHON including screening, sorting, washing, crushing, and other similar operations, required buildings and structures. ## 2.138 Recreation Use Means the use of land for parks, trails, playgrounds, tennis courts, lawn bowling greens, indoor and outdoor skating rinks, athletic fields, golf courses, picnic areas, swimming pools, day camps, community centres, snow skiing and other similar uses, together with necessary and accessory buildings and structures, but does not include a track for racing animals, motor vehicles, snowmobiles, all-terrain vehicles or motorcycles. ## 2.139 Redevelopment Means the creation of new residential units on land previously used for residential or non-residential purposes, where demolition of the previous structure is to take place or has taken place. ## 2.140 Renovate Means to restore by improving or repairing to an earlier condition. ## 2.141 Research and Development Centre Means a place used for systematic research, data collection and manipulation, or technical or scientific development of information or new products, and may include a research laboratory; but excludes industrial and manufacturing operations other than those required as part of the research. ## 2.142 Residential Intensification Means a set of self-contained habitable rooms located in a building or structure that is used or intended for use as a residential premises which contains kitcher and bathroom facilities that are intended for the exclusive use of the unit and has private means of egress to the outside of the building or structure, or from a common hallway or stairway inside the building or structure in which it is located. ## 2.144 Residential Use Means the use of a building or structure or parts thereof as a dwelling or residential unit. ## TOWN OF MARATHON ## 2.145 Residential Use, Seasonal Means a dwelling which is used for intermittent residential occupancy for the enjoyment of the surrounding natural environment and such dwelling shall be a single detached dwelling that is not used for continuous habitation or as a permanent residence. ## 2.146 Resort Means a tourist commercial use that operates throughout all or part of the year and that has facilities for serving meals and furnishing equipment, supplies or services to persons in connection with recreational purposes. ## 2.147 Resource Management Means the use of land solely for the preservation and enhancement of the natural environment. ## 2.148 Restaurant leans a building used for the purpose of serving food and/or refreshmen cluding a licensed establishment, and may include take-out food facilities as a accessory use. ## 2.149 Retail Store Means a building or part of a building where goods, wares, merchandise or articles are offered or kept for sale directly to the public and includes storage on or about the premises. ## 2.150 Right-of-Way or Easement Means any right, liberty or privilege in, or along or under land which a person may have with respect to any land in the Municipality. ## 2.151 Road Means a public highway under the jurisdiction of the Municipality or the Province or as shown on a plan of subdivision with respect to which a subdivision agreement but does not indie a piti ane oright of way means of access to abutting lots, ## 2.152 Road Allowance Means land held under public ownership for the purpose of providing a road. ## 2.153 Salvage Yard Means a lot, building or structure used for wrecking, dismantling, storing or selling used goods, wares or materials including, but not so as to limit the generality of the foregoing, rags, bottles, metals, clothing, furniture, paper, machinery, building ## TOWN OF MARATHON materials, vehicles and parts thereof but does not include a wrecking yard. ## 2.154 School Means a school under the jurisdiction of a Board as defined in the Education Act, a college, a university or any other education establishment including, but not necessarily restricted to, a nursery school or a boarding school having accessory dormitory facilities. ## 2.155 School, Commercial Means a school operated by one or more persons for gain or profit. ## 2.156 School, Private Means a school, other than a public school or a commercial school, under the jurisdiction of a private board or trustees or governors, a religious organization or charitable institution. ## 2.157 School, Public Means a school under the jurisdiction of a public agency. ## 2.158 Seaplane Base Means the use of land, buildings, or structures for the purposes of docking, storing or repairing seaplanes and for the supplying of associated services. 2.159 Seans al establishment that is owned and operated by a private club or organization for the boarding and lodging of children during the summer months only, and may include such recreational activities as boating, swimming, crafts, riding, archery, etc. ## 2.160 Semi-Trailer Means a trailer designed to be operated with the forward part of its body or chassis resting upon the body or chassis of a towing vehicle. ## 2.161 Service Establishment Means a commercial establishment associated with the provision of a non-personal service or trade including a plumber's shop, painter's shop, shpliances but does not include industrial or manufacturing uses or vehicle repair ## TOWN OF MARATHON ## 2.162 Setback Means the horizontal distance between the nearest part of any main wall of any building or structure and the centre line of a road allowance measured at right angles to such centre line. ## 2.163 Setback From Top of Bank Means the horizontal distance from the point of the slope or bank where the downward inclination of the land begins or the upward inclination of the land levels off to the nearest part of any main wall of any building or structure. ## 2.164 Setback From Water Means the horizontal distance between the normal or controlled high water mark of any navigable waterway and the nearest part of any main wall of any building or structure. ## 2.165 Shopping Centre Means a building or group of buildings planned, designed, developed or managed as a unit, having off-road parking provided on the same lot, and which building or buildings contain one or more retail stores, and offices. ## 2.166 Shoreline Means any lot line or portion thereof which abuts a navigable waterway. ## 2.167 Sight Triangle Means the area determined by connecting two points which are obtained by measuring a distance of 6.0 metres drawn along each lot line abutting the street line from a point where the tangents of the lot lines abutting the street lines intersect. Where a railway right-of-way and street line intersect, no buildings or structures, vehicles, open storage, landscaping, signage or any other use exceeding 6.0 metres of the street elevation shall be located within a 15.0 metre radius measured in all directions from the boundary of the railway right-of-way. ## 2.168 Storey Means that portion of a building: - a) which is situated between the surface of any floor and the surface of the floor next above it and if there is no floor above it, that portion between the surface 2. which is more than 50% above the average finished grade; and 3. which has a height of not less than 2 metres and includes an attic having not less than 2 metres headroom for at least 50% of the attic floor area. ## TOWN OF MARATHON ## 2.169 Street or Highway Means "Road" as defined in this By-law. ## 2.170 Structure Means anything that is erected, built or constructed of parts joined together and which is fixed to or supported by the soil but not a terrace, patio, sign, boundary wall, fence, bridge or culvert. ## 2.171 Swimming Pool, Above Ground or In-ground Means a body of water constructed for swimming, diving, or bathing which has a possible water depth of greater than 0.6 m (2 ft). ## 2.172 Tavern Means a building, where alcoholic beverages are sold to be consumed on the premises and shall include all such buildings operating or liable to be licensed under the Liquor License Act, as amended or revised from time to time. ## 2.173 Temporary Accommodation Means a building or a group of buildings designed to provide sleeping accommodation with common kitchen facilities, dining areas and amenity areas. ## 2.174 Temporary Buildings Means the temporary use of buildings and structures, including mobile homes, incidental to and accessory for lawful construction work, will be permitted in all zones, but only for so long as the same are necessary for the construction work and if a building permit has been issued. ## 2.175 Tourist Home Means a single-detached dwelling for hire for a single night or for less than a month at a time. ## 2.176 Tourist Outfitters Establishment Mean an establishment that sells and/or rents recreational equipment and may provide tours. ## 2.177 Trailer Means a vehicle so constructed that it is suitable for being attached to a motor vehicle for the purpose of being drawn or propelled by a motor vehicle and capable of being used for temporary living, sleeping or eating accommodation of persons, notwithstanding that such vehicle is jacked up or that its running gear is removed. This definition shall not include a mobile home as defined herein. ## ZONING BY-LAW NO.. ## TOWN OF MARATHON ## 2.178 Un-licensed Day Care Means: i. her hild car is provided fo by more that fins, hident any one prescribed number of children at any one time. ii. There is no agreement between a home child care agency and the child care provider that provides for the agency's oversight of the provision of care. ili. The group of children does not include more than two children who are younger than two years old. ## 2.179 Unserviced Means land that is not serviced by municipal sanitary sewer services and, may, or may not be serviced by municipal water services. ## 2.180 Use Means, when used as a noun, the purpose for which any land, building or structure is designed, used or intended to be used. ## 2.181 Use, Continuous of a lot, building or structure, notwithstanding a change of ownership of the property where the use is located. Use shall further be deemed to be continuous if. after having ceased, the same use recommenced within a period of one year from the date of cessation, and/or if a structure is destroyed or damaged, it is rebuilt or repaired for the same use within a period of one year from the date of its destruction or damage. This is in addition to the protection afforded by Section ## 2.182 Vehicle Means a motor vehicle, trailer, traction engine, farm tractor, road-building machine, motorized snow vehicle and any vehicle drawn, propelled or driven by any kind of power. Means a building or part thereof which contains facilities for the repair and naintenance of vehicle and/or recreational vehicles on the premises, and in which vehicle accessories are sold and vehicle maintenance and repair operations are performed in return for remuneration, but does not include a body shop or any ## 2.184 Warehouse Means a building or part thereof which is used primarily for the housing, storage, adapting for sale, packaging or distribution of goods, wares, merchandise, ## TOWN OF MARATHON foodstuff, substances, articles or things, and includes the premises of warehouseman, but does not include; a fuel depot, storage of oil, gasoline, petroleum products, cleaning products, pesticides, herbicides, fungicides, chemicals, resins, paints, varnish, printing inks, adhesives and dyes. ## 2.185 Waste Disposal Area Means a place where garbage, refuse, or domestic or industrial waste is disposed of or dumped. ## 2.186 Watercourse Means the natural channel for a stream of water and for the purpose of this By-law, includes any watercourse shown on Schedule "A" through "D" of this By-law. ## 2.187 Waterfrontage Means the boundary of a lot directly abutting an original shoreline reserve. ## 2.188 Wayside Pit or Quarry Means a temporary open excavation made for the removal of soil, earth, clay, marl, silt, sand, gravel or consolidated rock, opened and used by a public road authority, or person or company operating under the authority of the Ministry of Transportation, solely for the purposes of road construction. ## 2.189 Wrecking Yard or Automobile Wrecking Yard Means an area of land licensed by the Ministry of the Environment for the storage and processing of derelict vehicles where processing means the collection, handling, storage, or processing including removing contaminants, dismantling for parts, flattening, crushing, and shredding. An derelict vehicle is considered to be a vehicle that: is inoperable, and has no market value as a means of transportation, or has a market value as a means of transportation that is less than the cost of repairs required to put it into operable condition. ## 2.190 Yard Means an open space on the same lot with a main building or structure, unoccupied and unobstructed from the ground to the sky, except as otherwise permitted by this By-law. In determining yard measurements the minimum horizontal distance between the nearest wall of the main building or structure and the respective lot lines measured perpendicular from the lot line shall be used: - a) Front Yard shall mean a yard extending across the full width of a lot between the front lot line and nearest main wall of the main building or structure on the 2. Rear Yard shall mean a yard extending across the full width of a lot between the rear lot line and the nearest main wall of the main building or structure on the lot; ## TOWN OF MARATHON ## ZONING BY-LAW NO.\_ - Side Yard shall mean a yard between the nearest side wall of the main building or structure on the lot and the side lot line and extending from the - Exterior Side Yard shall mean a side yard immediately adjoining a public or private street or abutting a reserve on the opposite side of which is located a - e) Interior Side Yard shall mean a yard extending from the front yard to the rear yard and from the interior side lot line to the nearest part of the principal building, structure or excavation on the lot. ## 2.191 Zone Means a designated area of land shown on Schedule "A" through "D" hereto. ## 2.192 Zoned Area Means all those lands lying within the corporate limits of the Town of Marathon. ## TOWN OF MARATHON ## SECTION 3 - ZONES AND ZONE MAP ## 3.1 Establishment of Zones | Zone | Symbol | |------------------------------------|----------| | Rural Zone | RU | | Rural Residential Zone | RR | | | R1 | | Residential Mobile Home Zone | R2 | | Residential Multiple Zone | RM-1 | | Temporary Accommodations Zone RM-2 | | | Neighbourhood Commercial Zone C1 | | | General Commercial Zone | | | Highway Commercial Zone | C3 | | Tourist Commercial Zone | TC | | Enterprise Zone | E | | Light Industrial Zone | M1 | | Heavy Industrial Zone | M2 | | Institutional Zone | | | Open Space Zone | OS | | Environmental Protection Zone | EP | | Holding Zone | H | ## 3.2 Use of Zone Symbols The symbols listed in Section 3.1 shall be used to refer to land, buildings and on the zoning maps and designated therein by the said symbol. ## 3.3 Interpretation of Zone Boundaries Where any uncertainty exists as to the location of the boundary of any of the said zones, as shown on the zoning maps, the following shall apply: - a) Unless otherwise shown, the boundary of the zones as shown on the zoning maps and the centre lines of the road allowance or lot lines and the projection thereof; - b) Where zone boundaries are indicated as approximately following lot lines shown on a plan of subdivision, such lot lines shall be deemed to be the said boundary; 3. Unless otherwise indicated, a road, lane, or watercourse included on the 4. Where zone boundaries are indicated as approximately parallel to the line of any road and the distance from such road is not indicated, such zone boundaries shall be construed as being parallel to such road and the distance therefrom shall be determined by the use of the scale shown on the zoning maps; ## TOWN OF MARATHON zoning maps, is included within the zone of the adjoining property on either side thereof; and where such road, lane, right-of-way or watercourse serves as a boundary between two or more different zones, a line midway in such road, lane, right-of-way or watercourse and extending in the general direction of the long division thereof is considered the boundary between zones, unless specifically indicated otherwise; - Where any zone boundary is left uncertain after application of the preceding provisions, then the boundary line shall be determined according to the scale n the zoning maps in the office of the Chief Building Official; an - In the event a dedicated road, lane or right-of-way shown on the zone maps is closed, the property formerly in said road lane or right-of-way shall be included within the zone of the adjoining property or either side of the said closed road lane right-of-way and the zone boundary shall be the former centre line of the closed road, lane or right-of-way; - Vherever it occurs, the municipal limit of the Town of Marathon is th boundary of the zone adjacent to it. ## 3.4 Special Provisions Whenever lands on any Zoning Schedule have the zone symbol followed directly by a dash (-) and a number, i.e. C2-1, such lands shall be considered to have a "Special Provision" number and to have referenced to a zone category. The saic lands shall be subject to the provisions of the relevant zone category and all other provisions contained herein, and in addition, shall be subject to any special provisions provided for within the relevant special provision subsection of the relevant zone category. ## TOWN OF MARATHON ## SECTION 4 - GENERAL PROVISIONS ## 4.1 Application The provisions of this section apply in all zones except as may be indicated otherwise. ## 4.2 Accessory Uses, Buildings and Structures - shall not be used for human habitation, except where an accesso sidential use is a permitted use. Accessory residential units above boi houses shall not be permitted; - c) in a residential zone, shall not be located in the front yard and may be permitted in an exterior side yard provided sight lines are maintained; - shall not be built closer to the front lot line than the minimum distance required by this By-law for the main building on the lot unless otherwise specified; - in a commercial and industrial zone shall not be built closer to the street than the main building is to that street; - no detached accessory building or structure shall be located closer than 2.0 metres to a main building; - e) shall not be built closer than 1.5 metres to any lot line; - shall not exceed 10 percent coverage of the total lot area; - i) shall not be considered as an accessory building or structure if attached to the main building in any way except for an accessory apartment unit that is permitted above or behind a commercial or industrial use; - = in a residential zone shall not exceed 4.5 metres in height, or contain more than one storey, except that where a dwelling unit is a permitted accessory use it shall not exceed 6.0 metres in height, or contain more than two storeys. In all other zones the maximum height shall not exceed 6.0 metres; - j) shall not be considered an accessory building or structure if located completely underground; - 1) where a commercial retail use is permitted as an accessory use in an industrial zone, it shall be located within the main building or within 2.0 metres of the main building and shall not exceed 10% of the total floor area of the main building to a maximum of 280 square metres; and - k) may be permitted in the front yard of a lot having frontage on a lake or river; - m) Despite any other provisions to the contrary, an outdoor swimming pool and its associated mechanical equipment, shall be located, altered, erected or renovated in accordance with the following provisions: - No outdoor swimming pool accessory to a permitted residential use shall be located in any part of a front or exterior side yard; and - i. An outdoor swimming pool shall be set back a minimum of 1.5 m (5 ft) from any lot line; - ili. Any filter, pumps, or similar operating machines are a minimum distance of 0.6 metres from any lot line and a minimum distance of 3.0 meters from any main building. ## TOWN OF MARATHON ## 4.3 Automobile Wrecking Yards and Salvage Yards Where land is used for the purpose of an automobile wrecking yard or salvage yard or similar use, the storage of derelict automobiles, scrap metal, junk and other material shall not be carried out in that part of the land designated herein as the required front, side or rear yards. A natural or artificial screen or buffer strip shall be provided to obscure the subject property from the street on which the lands abut and from any adjoining properties to the side or rear of the subject property and shall be a minimum of 6.0 metres in width in compliance with Section 4.5 of this By-law. ## 4.4 Bed and Breakfast Establishments Where permitted, a bed and breakfast establishment shall be subject to the requirements of the zone in which it is located and the following: - a) be permitted only within an existing single detached dwelling; - C) be operated by a resident of the dwelling, in which the bed and breakfast establishment is located; - b) be clearly secondary to the main residential use; - d) not contain more than 3 guest bedrooms; - e) in addition to any off-street parking required for the dwelling containing the bed and breakfast establishment, there shall be a minimum of one (1) parking space provided on the lot for each guest bedroom, and said parking spaces shall not be located in the required front yard. The required parking spaces may include tandem or stacked parking to a depth of 2 vehicles in an existing driveway; 6. bed and breakfast establishments must obtain an annual license from the Town and pay an annual licensing fee in order to operate; - f) shall have sufficient site area to accommodate on-site outdoor amenity area(s) and provide adequate buffering for adjacent uses; - h) a bed and breakfast establishment is not permitted in combination with any other type of accommodation such as roomers and boarders and accessory apartments; - j) in the Residential area, no outside display or advertising shall be permitted, other than a non-illuminated sign which shall not exceed 1.5m? in area indicating the name of the bed and breakfast establishment. - i) shall not be licensed to serve alcoholic beverages; and ## 4.5 Buffer Strips - b) where a buffer strip is required in any zone, it shall be of a minimum width as 2. a buffer strip shall be used for no other purpose than for the erection of a fence or the planting of a continuous row of natural evergreens or natural shrubs, immediately adjacent to the lot line or portion thereof along which such buffer strip is required hereunder, the remainder of the strip shall be landscaped and planted with ornamental shrubs, flowering shrubs, flower beds or a combination thereof; - e) a buffer strip may form part of any required landscaped open space. ## TOWN OF MARATHON ## 4.6 Certain Uses Not Restricted - a) playgrounds; ## ZONING BY-LAW NO. Notwithstanding any other provisions of this By-law, the provisions of this By-lav shall not apply to: - b) public streets or public walkways; 2. c) - d) energy or bio-heating facilities utilizing bio mass pellets or wood chips; 4. a filtration plant, but not including a storage yard; 5. a pumping station for water or sewage; 6. an underground transmission line for hot air, steam, gas, oil or other fluids; - i) a public election list or government proclamation, any sign or notice of the Provincial or Municipal government, or any other sign or notice contemplated by statute for the promotion of the public interest; - h) an approved traffic signal; - j) a watermain, sewer main, or gas main maintained by the appropriate authority; - k) a retaining wall for decorative, landscaping or bank stability purposes. ## 4.7 Corner Lot Sight Restrictions Notwithstanding any other provisions of this By-law, and except in a Commercial Lone on a corner lot, within the triangular space included between the street line or a distance of 6 metres from the point of intersection, no building or structur including a fence or sign shall be erected and no shrubs or foliage shall be planted or maintained which obstruct the view of a driver or a vehicle approaching intersection. ## 4.8 Dangerous Uses No land, building or structure shall be used in the Town for the industrial manufacture or distribution of coal oil, rock oil, fuel oil, burning fluid gas, naphtha, benzene, gasoline, dynamite, dualene, nitroglycerine, gunpowder, petroleum products or other combustible or inflammable or liquid material which is likely to create danger to health, or danger from fire or explosion except as otherwise specifically provided for in this By-law. ## 4.9 Existing Lots An existing lot, having less than minimum frontage or lot area required by this By-law, may be developed for all uses in the appropriate zone, provided all other regulations of this By-law are satisfied; and - a) such lots can be serviced by public water supply and public sanitary sewer services, or alternatively can be safely serviced by private individual water and sanitary services in accordance with the requirements of the Health Unit; and - b) such lots have a minimum frontage of 7.5 metres on a publically maintained year round open road. ## 4.10 Fences - followin any Residential zone, fences in the required front yard shall not exceed 1.2 hair cat an in come the earning me alone one t the front lot line. In any Residential zone, fences in a required side yard or rear yard shall not exceed 2.0 metres in height. When a driveway intersects a Fences are permitted in all zones subject to any corner lot sight restrictions and the - b) in all other zones, fences in a required front yard shall not exceed 1.0 metre in height. ## 4.11 Greater Restrictions to Apply Where regulations or requirements of any government agency impose greater restrictions for any use, building or structure than the restrictions imposed by this By-law, then such greater restrictions shall apply to such use, building or structure. ## 4.12 Group Homes - a) a group home and crisis residence shall have a maximum of 5 residents, excluding staff or receiving family; A group home, licensed by the appropriate Provincial Ministry and crisis residence that is licenced or funded by the Province or other government agency, or combination thereof, shall be permitted within any single detached dwelling, a BeT a goup home and angle. semi-detached or duplex dwelling, subject to the requirements of this subsection: - b) a group home shall have 23 square metres of common habitable area and not less than 7 square metres of habitable area for each resident, exclusive of staff or receiving family; and - c) save as hereinafter provided, a group home shall not be within 350 metres of another group home. ## Height Exceptions The height regulations shall not apply to any ornamental dome, chimney, communications tower, power transmission tower, storage silo, barn, cupola, steeple, church spire, water storage tank, elevator enclosure, flag pole, television or radio antennae, grain elevator, mine headframe, windmill or weather monitoring device. ## 4.14 Home Occupations Where a home occupation is permitted in a particular zone, it shall: - a) not change the character of the dwelling as a private residence or create or become a nuisance; ## TOWN OF MARATHON ZONING BY-LAW NO.. - b) have at least one permanent resident of the dwelling unit engaged in the business; - d) shall be licenced in accordance the Business Licence By-law of the Town; - c) shall not compete with an existing business in the commercial areas of the Town; - e) have no external display or advertisement; 5. have no parking of trucks or commercial vehicles associated with the home occupation or home profession on the lot; 6. have no external storage of materials, containers, finished products, or equipment associated with the home occupation or home profession on the lot; - h) the home occupation or home profession shall be wholly confined to th dwelling unit and not occupy more than 25% of the floor area of the dwellin unit including the floor area of any basement area used as living quarters and any basement area used for the home occupation or home profession; - i) there shall be no goods, wares, or merchandise other than those produced on the premises, offered or exposed for sale or rent on such premises; - j) access approval from the Ministry of Transportation will be required for those home occupations that front onto a Provincial highway; - 1) have not more than one person employed, including a contractor, who is not a permanent resident of the dwelling unit. 11. shall meet the requirements of any other regulatory agency or licencing body; and ## 4.15 Land Without Buildings Where land is used for or in connection with any use, but without any buildings or structures therein, all yards required by the By-law on a lot in the respective use zone shall be provided and maintained as yards and the applicable regulations shall apply, except where the land or lot is used for gardening or open space purposes not prohibited by this By-law in such use zone. ## 4.16 Loading Spaces No person shall erect or use any building or structure in any Commercial or Industrial Zone which involves the movement of goods, merchandise of materials, unless loading spaces are provided and maintained in accordance with the - a) one loading space shall be provided for each 280 m' or fraction thereof of the - b) loading spaces shall have dimensions not less than 3.0 metres by 7.5 metres; and - c) loading spaces shall not have less than 4.5 metres of vertical clearance. ## 4.17 Loading Spaces Standards - a) aduate drivenes on the tot such hate a de mot cause an boating a of Where in this By-law, loading spaces are required or permitted, the following standards shall apply: ## TOWN OF MARATHON hazardous condition on adjacent streets, properties or sidewalks - adequate drainage facilities in accordance with the requirements of th - c) illumination of loading spaces shall be so arranged as to be diverted away from any adjacent Residential, Institutional or Open Space Zone; - the location of loading spaces to be restricted to the rear yard where a lot ha access at both the front and rear to a street or road; and - e) loading spaces and approaches shall be surfaced with concrete, asphalt, crushed stone, gravel or a combination thereof with a stable surface treated to prevent the raising of dust or loose particles. ## 4.18 Lots with More than One Zone Where a lot is divided into more than one zone, each such portion of said lot shall be considered separately for the purposes of determining zone provisions such as permitted uses, lot area, setbacks, building height, etc. and each such portion shall conform to the provisions of the appropriate zone, but no lot shall have more than 1 dwelling on the whole except as specifically provided in this By-law. ## 4.19 Main Buildings on a Lot - commercial and industrial buildings located in commercial and industrial zones; and No person shall erect more than 1 dwelling unit on a lot unless specifically allowed in a zone. No person shall erect more than 1 main building on a lot except for: - b) farm related buildings located on an active farm. ## 4.20 Mobile Homes Mobile homes shall only be permitted where specifically listed as permitted within a particular zone. An addition may be permitted to a mobile home up to 25% of the original floor area of the mobile home, provided the addition complies with lot coverage requirements of the particular zone in which the mobile home is located. ## 4.21 Non-Compliance with Minimum Lot or Yard Requirements - a) the enlargement, reconstruction, repair or renovation does not further reduce the front yard, side yard, or rear yard to which it does not comply; and Where an existing building is located on a lot having less than the minimum frontage or area required by this By-law, or having less than the minimum front yard, side yard, or rear yard required by this By-law, the said building may be enlarged, reconstructed, repaired or renovated provided that: - all other applicable provisions of this By-law are complied with. ## 4.22 Non-Conforming Uses The provisions of this By-law shall not apply or prevent: - the use of any lot, building or structure for any purpose prohibited by this By-law if such lot, building or structure was lawfully used for such purpose on the date of passing of this by-law providing such use has been continuous since that date. A use is deemed to be continuous if having ceased for any reason, the use is re-established within 1 year; - b) the use for any purpose prohibited by this By-law of any building or structures the plans for which have, prior to the date of the passing of the By-law, been approved by the Chief Building Official so long as the building or structure when erected is used and continues to be used for the purpose for which it was erected and provided the erection of such building or structure is commenced within 6 months after the date of the passing of the By-law, and such building or structure is completed forthwith after the erection thereof is commenced; - c) the reconstruction of any existing legal non-conforming building or structure that is substantially damaged or destroyed by causes beyond the control of the owner provided that the dimensions of the original building or structure are not increased and the use of the building or structure is not changed, however any building or structure that sustains damage greater than 75% of its value must be reconstructed to conform to the By-law; or 3. the strengthening or restoration to a safe condition of any existing legal non-conforming building or structure provided the improvements are located within the perimeter of the existing non-conforming building or structure. ## 4.23 Obnoxious Uses - that is or is likely to become a nuisance or offensive: Nothing in this By-law shall be construed to permit the use of land for the erection or use of a building or structure for any purpose: - i) by the creation of noise or vibrations; or 2. iii) by reason of the unsightly storage of goods, wares, merchandise, salvage, refuse matter or other such material; and 3. il) by reason of the emission of gas, fumes, dust or objectionable odour; or 4. which by the nature of the materials used therein is declared under the Public Health Act, as amended or revised, or any regulations thereunder to be a noxious or offensive trade, business or manufacture. ## 4.24 Occupancy of Partially Completed Buildings No new building, except in the case of an apartment building, shall be occupied before the main walls and roof have been erected and the external siding and roofing have been completed, water and sanitary services are installed, kitchen and heating facilities have been installed and an occupancy permit has been issued by the Chief Building Official. Any dwelling unit in an apartment building may be occupied, provided that all of the above conditions are satisfied, notwithstanding that one or more of the dwelling units have not been completed. ## 4.25 Outdoor Wood Burning Furnaces Where an outdoor wood stove or furnace is established for heating of the primary building or structure, it shall be considered as part of such building or structure and shall conform to the provisions of the Forest Fires Prevention Act, and all yard requirements of the applicable zone. Outdoor wood burning furnaces are subject to the following provisions: ## TOWN OF MARATHON - a) shall be permitted only in the RU zone; - c) shall be supported by a non-combustible base or foundation that is designed according to the manufacturer's instructions to support the weight of the appliance. The base must in all cases extend a minimum of 0.3 m in all directions from the appliance on all sides; - b) may only be installed on lots having an area of 0.8 hectares or greater; - d) the top of the chimney for an appliance using solid fuel and installed and erected outdoors shall be a minimum of 5 m above the adjacent ground and shall be equipped with a spark arrestor and a rain cap; 5. shall be located at least 3 m from any trees or non-habitable structures; - e) shall be located at least 15 m from any property line; - g) shall not be located in a front yard. ## 4.26 Outside Storage Where outside storage is a permitted accessory use the following provisions shall apply: - a) storage of goods and materials including refuse containers are not permitted within 6.0 metres of a Residential zone; - c) storage areas are to be screened from view by means of solid board fencing and/or landscaping features 3.0 metres in height. 3. storage and goods and materials including refuse containers shall be permitted in the required rear yard and interior side yard and in the case of a corner lot, not within the required exterior side yard setback; and ## 4.27 Parking Area Standards - a) adequate drainage facilities shall be provided and maintained in accordance with the requirements of the Town; Where in this By-law parking areas designed for 4 or more vehicles are required or permitted: - the parking area and approaches shall be surfaced with concrete, asphalt, crushed stone, gravel or a combination thereof; - the lights used for illumination of parking areas shall be so arranged and located as to divert the light away from adjacent lots and directed on the c) - d) - e) - 1) a strip of buffer strip of land not less than 3.0 metres wide lying within the lot in which the parking area is located and along the boundaries of the parking ## 4.28 Parking, Accessible Requirements Accessible parking spaces shall be a minimum of 3.7 metres by 6.0 metres and the minimum number required to be provided shall be as follows: ## TOWN OF MARATHON ## ZONING BY-LAW NO.\_ | TOTAL NUMBER OF PARKING SPACES | REQUIRED NUMBER OF ACCESSIBLE SPACES | |----------------------------------|----------------------------------------| | 0-12 | 1 | | 13-100 | 4% of the required parking | | 101-200 | 1 space + 3% of the required parkin | | 201-1000 | 2 spaces + 2% of the required parking | | 1000 | 11 spaces + 1% of the required parking | ## 4.29 Parking Requirements - a) No person shall, within any Residential Zone, use any part of any front yard except the driveway for the parking of tent trailers, motor homes, travel trailers, boats and boat trailers, snow mobiles and snow mobile trailers, truck campers, school buses, converted buses or fifth wheel units, while the temporary storage of these vehicles can take place in the rear and side yards - b) where a building or structure accommodates more than one use, the required parking spaces shall be the sum of the required parking spaces for each use; - c) where a building or structure has deficient parking spaces at the date of passing of this By-law to comply with the requirements herein, this By-law shall not be construed to require the deficiency be made up prior to the construction of any addition. However, no addition may be built and no change in use may occur, the effect of which would increase the number of deficient parking spaces - d) tandem parking of vehicles is permitted to accommodate the parking requirements for single detached dwellings, semi-detached dwelling units, duplex units, townhouse units, mobile homes, group homes, home occupations and home professions; and - e) the parking of commercial vehicles over 40 feet in length is prohibited within any Residential Zone in the townsite of Marathon. ## TOWN OF MARATHON ## ZONING BY-LAW NO.. Off-street parking shall be provided in accordance with the following provisions: | USE | MINIMUM PARKING REQUIRED | |--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | single detached dwellings, semi-detached dwellings, duplexes and mobile home | .25 spaces per dwelling unit rounded t the next highest numbe | | multiple unit dwellings, townhouses, apartment dwellings | 1 space per dwelling unit | | senior citizens apartment house | 1 space per dwelling unit | | schools | 1 space for each teaching staff member, lus 1 additional space for each 20 m' ol | | places of worship | 1 space for every 10 seats or 6.0 metres of bench space of its maximum seating capacity | | hospital, nursing home | 1 space for every 4 beds | | libraries | a minimum of 10 spaces or 1 space per 28 m? of building floor space, whichever is greater | | home profession | 1 space in addition to the parking required for the dwelling | | group homes, | 1 space for each staff member on duty at any one time plus 1 space for every 2 beds | | boarding house, rooming house, and bed and breakfast establishment | 1 space for every room rented | | clinic | 1 space per 28 m' of floor area | | offices | 1 space per 28 m? of floor area | | retail or service stores | 1 space per 28 m' of retail floor area | | hopping centr | 1 space per 25 m' of rentable floor area | | owling alle | 3 spaces per bowling lane | | curling rink | 4 spaces per curling sheet | | restaurants, take out restaurant | 1 space per 9 m? of floor space or 10 spaces, whichever is greater | | auditoriums, theaters, arenas, community centres, private clubs and other places of assembly, except where one or more of these uses are located in a shopping centre these uses shall be exempt from the parking requirements | where there are fixed seats, 1 space for every 5 seats or for every 3.0 metres of ench space: where there are no fixec seats, 1 space for each 9 m? of floor area devoted to public use | | golf course | 2 spaces per hole | ## TOWN OF MARATHON ## ZONING BY-LAW NO.\_ | USE | MINIMUM PARKING REQUIRED | |-------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | golf driving range | 1 space for every 2 persons who can be accommodated at one time | | riding stable | 1 space for every 4 horses available for public riding | | marina | 1 space per 28 m' of retail floor area plus 1 space for each boat slip | | hotels, motels, taverns | 1 space per rental unit, plus 1 additional space for each 9 m? of floor area devoted to public uses such as restaurants, taverns and other eating places associated with motels and staff houses | | industrial uses | 1 space for each 93 m? of floor area or for each 3 employees whichever is greater | ## 4.30 Permitted Encroachments in Yards - a) Every part of any yard required by this By-law shall be open anc unobstructed by any structure, other than fence, deck or patio, from the ground to the sky, provided however that those structures listed in the following table shall be permitted to project into the yards indicated for the | STRUCTURE | YARD IN WHICH PROJECTION IS PERMITTED | MAX. PROJECTION FROM MAIN WALL PERMITTED | |--------------------------------------------------------------------------------|-----------------------------------------|--------------------------------------------| | sills, belt courses, cornices, eaves, gutters, chimneys, parapets or pilasters | Any yard | 0.5 metres | | fire escapes | Rear yard only | 1.5 metres | ## TOWN OF MARATHON | STRUCTURE | YARD IN WHICH PROJECTION IS PERMITTED | MAX. PROJECTION FROM MAIN WALL PERMITTED | |--------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------|--------------------------------------------| | exterior stairs | Front and Rear yards only | 1.5 metres | | window bays | Front and Rear yards &#124; 1.0 metres | | | balconies | Front and Rear yards for single detached, semi-detached and duplex dwellings; apartment buildings | 2.0 metres | | open roofed porches not exceeding one storey in height; covered terraces | Front and Rear yards only | 2.5 metres including eaves and cornices | | canopies over entrances | Front and Rear yards only | 3.0 metres | | gate house | Any yard in a Commercial or Industrial Zone | 1.0 metres from property boundary | - b) Notwithstanding the requirements of Section 4.26 (a), any structures, buildings or accessory uses will be permitted to encroach onto any yard required by this By-law up to a maximum of 0.1 metre. ## 4.31 Permitted Public Uses - the lot coverage, setback and yard requirements prescribed for the zone in which such land, building or structure is located are complied with, except electric power facilities; Notwithstanding anything else in this By-law, 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 by any public authority provided that: - no goods, material, or equipment are stored in the open in a residential zone, or within 60.0 metres of a residential zone; - d) any parking and loading regulations are complied with. - any building erected in a residential zone under the authority of this paragraph is designed and maintained in general harmony with residential buildings of the type permitted in the said residential zone; and ## TOWN OF MARATHON ## 4.32 Portable Asphalt Plants Where in this By-law, a portable asphalt plant is permitted in a particular zone, it shall: - a) not be located within the townsite of Marathon; - b) not be located within 400 metres of an existing residential use; and - c) not be located in an area where severe environmental disruption would occur. ## 4.33 Pre-fabricated Shipping Container Pre-fabricated shipping containers shall be seen as an accessory structure not t exceed the following requirements: - (a) Pre-fabricated shipping containers are only permitted in the Rural, Rural Residential and Residential 1 Zones. - (c) Maximum size of shipping container shall be 2.5m in height, 2.5m in width and 6m in length. - (b) 1 pre-fabricated shipping container per lot. - (d) Pre-fabricated shipping are prohibited in the front yard and exterior side yard but permitted to be located in the interior side yard and rear yard. - (e) Pre-fabricated shipping containers shall be no closer than 1 m to any lot line. ## 4.34 Prohibited Uses It shall be prohibited to use any land or to erect and use any building or other structure in any zone for the purpose of wrecking yards, automobile salvage yards, a waste disposal site or processing facility, a pit or quarry, the collection of rags, junk, any refuse, scrap iron, or other scrap metals, an abattoir and an adult entertainment parlour unless such uses are specifically listed as permitted uses within a particular zone. ## 4.35 Road Frontage Required No person shall erect any building or structure for permanent, year-round or full-time use unless the lot upon which such building or structure is to be erected, except as otherwise specifically permitted by this By-law, has lot frontage upon a road which has been assumed by the Town, Province of Ontario or some other road authority, and is maintained year round by such authority in such a manner so as to permit its use by vehicular traffic. Notwithstanding the foregoing, a building or structure may be erected upon a lot within a registered plan of subdivision or plan of condominium in accordance with the provisions of a subdivision agreement and/or condominium agreement in respect of such plan by subdivision or condominium notwithstanding that the roads within such plan of subdivision or condominium have not been assumed and are not being maintained by the Municipality. Notwithstanding anything to the contrary in this clause: - a) buildings and structures accessory to forestry and mining uses, but not for human habitation are permitted in appropriate zones where publicly ## TOWN OF MARATHON maintained road frontage is not available; and - b) recreational and tourist commercial uses such as hunting and fishing camps are permitted where public road frontage is not available provided there is navigable water access. ## 4.36 Secondary Dwelling Units - Only one secondary dwelling unit shall be permitted per lot and shall be located within the main dwelling unit; Where a secondary dwelling unit is permitted, the following provisions shall apply: - A secondary dwelling unit shall only be permitted in a single detached or semi-detached dwelling; - iv) One additional on-site parking space is provided exclusively for the secondary dwelling unit; and - iii) The primary dwelling unit must be serviced by full municipal water and sewer services; - v) The external appearance of the front façade of a building or any other façade of a building facing a street on which the lot has frontage shall not be altered. ## 4.37 Semi Trailers Parked, Stored or Used as Storage Facilities The parking or storage of, and/or use of semi-trailers for temporary or permanent storage or warehouse facilities shall be prohibited in any Commercial, Residential, Institutional, Open Space, or Rural zone. Existing semi-trailers that are parked, stored and/or used for storage purposes on any Commercial, Residential, Institutional, Open Space or Rural zone shall be relocated in appropriately designated and zoned Industrial properties and facilities. ## Service Stations, Public Garages and Gas Bars - fuel pumps and fuel pump islands may be located in any required yard, however no portion of any fuel pump island shall be erected closer than 6.0 metres from any road allowance; Notwithstanding any permitted use to the contrary, no new service stations, public garages or gas bars shall be permitted within the Groundwater Protection Zones I and Il as determined by the Marathon Groundwater Management Strategy. Where service stations, public garages and gas bars may be permitted they shall be subject to the following: - the minimum distance from the intersection of the front and side lot line to the nearest ingress or egress ramp shall not be less than 9.0 metres; - the maximum width of a curb ramp at the front or side lot line shall not be more than 7.0 metres; - a canopy or roof may be erected over fuel pumps and fuel pump islands or may be extended from the main building to the pump island, however a or tie ros and an o for line ares is required between the extent of the canopy - d) the minimum distance between the ramps shall not be less than 9.0 metres; - f) where the lot is a corner lot, no portion of any canopy or roof shall be located ## TOWN OF MARATHON ## 4.39 Services Required - a) public sanitary sewer and water services are available and capable of servicing the said land, buildings or structures; or Notwithstanding any other provisions of this By-law, no lands shall be used nor any building or structure erected or used thereon unless: - b) unless the requirements of the Health Unit or designated authority are met for the use of private water supply and sewage treatment services for the servicing of said land, buildings or structures. ## Setbacks and Lot Frontage Requirements on Provincial Highways A building or structure in any zone adjacent to a provincial highway is subject to the setback and lot frontage requirements of the Ministry of Transportation which may be greater than municipal requirements. In general, Ministry setbacks for residential uses along a provincial highway is 7.6 metres and all other uses require a 13.7 metres setback and the minimum lot frontage requirements within a 50 km/h speed zone is 31.5 metres and within an 80 km/h speed zone 45 metres for commercial, industrial, institutional and multiple residential uses. The Ministry of Transportation should be consulted for specific setback, lot frontage and access requirements along provincial highways. ## 4.41 Setback from Navigable and Non-Navigable Watercourses, Hazard Land and Municipal Surface Drains Notwithstanding any other provisions of this By-law, a building in any zone is required to be no nearer than 15 metres from the top of the bank of any watercourse, or municipal drainage ditch permanent or intermittent, which may or may not be navigable. In the case of hazard lands, no part of any building shall be constructed closer than 15 metres to the nearest point of the area to which the hazardous condition is deemed to exist. ## 4.42 Setback from Waste Disposal Site ## 4.43 Notwithstanding any other provisions of this By-law, a residential building in any zone is required to be setback a distance of 500 metres from existing and former waste disposal sites. Notwithstanding any other provisions of this By-law, a building or structure in any zone on a public road allowance which is less than 20 metres wide, shall be set back 10 metres plus the required minimum front yard for that zone measured from the centre line of the road allowance. ## 4.44 Signs - a) such sign complies with any By-law of the Town regulating signs; and Nothing in this By-law shall apply to prevent the erection or use of any sign, provided that: - b) such sign complies with the provisions of this By-law regarding corner lot sight restrictions. ## 4.45 Special Uses Permitted Nothing in this By-law shall prevent the use of land or the use or erection of a building or structure for: - a) a scaffold or other temporary building or structure incidental to construction in progress on premises for which a building permit has been granted, until such time as the work has been finished or abandoned; - C) a municipal parking meter; 3. a sign having an area of not more than 4.7 m? incidental to construction in progress on premises for which a building permit has been granted, until such time as the work has been finished or abandoned; 4. a street traffic sign or street light or yard light; 5. a public election list or other proclamation of governmental authority. - e) an authorized sign or signal; or ## 4.46 Structures in Water No person shall erect, alter or use any structure located in a navigable water except in compliance with the Lakes and Rivers Improvement Act, and the Navigable Waters Act, as revised or amended from time to time. ## 4.47 Temporary Buildings he temporary use of buildings and structures, including mobile homes, incident and necessary for lawful construction work will be permitted in all zones, but on for as long as the same are necessary for the construction work subject to an agreement with the Town. ## 4.48 Truck, Bus and Coach Bodies or Trailers or Tents used for Human Habitation - no truck, bus, railroad car, caboose, coach or streetcar body shall be used for human habitation whether the same is mounted on wheels or not; and Except as expressly permitted by this By-law: ## 4.49 Wayside Pits and Quarries - not be located within 90 metres of an existing residential use or on lands zoned for residential purposes; and Where in this By-law, a wayside pit and quarry is permitted in a particular zone, it shall: - b) not be located in an area where environmental disruption would occur. ## TOWN OF MARATHON ## ZONING BY-LAW NO.. ## 4.50 Yard and Open Space Provision for all Zones Vo part of a yard or other open space required abutting any building for the urpose of complying with the provisions of this By-law shall be included as part o a yard or other open space similarly required for another building. ## SECTION 5 - RURAL ZONE (RU) REGULATIONS ## 5.1 Permitted Uses - single detached dwelling No land shall be used in the Rural Zone (RU) except for the following purposes: - mobile home - d) home occupation - c) bed and breakfast establishment - e) animal kennel - g) stable or a riding academy - agricultural use - h) forestry use - tourist information centre - i) interpretive centre - k) conservation use - m) mineral exploration - 1) marina - n) wayside pit and quarry - p) accessory uses, buildings and structures in accordance with Section 4.2 - 0) portable asphalt plant ## 5.2 Zone Provisions | Minimum Lot Area | Minimum Lot Area | 4.0 hectares | |----------------------------|----------------------------|------------------| | Minimum Lot Frontage | Minimum Lot Frontage | 100.0 metres | | Maximum Lot Coverage | Maximum Lot Coverage | 10% | | Minimum Front Yard | Minimum Front Yard | 15.0 metres | | Minimum Side Yard | Minimum Side Yard | 15.0 metres | | Minimum Exterior Side Yard | Minimum Exterior Side Yard | 15.0 metres | | Minimum Rear Yard | Minimum Rear Yard | 15.0 metres | | Maximum Height | Maximum Height | 10.5 metres | | Minimum Dwelling Unit Area | Minimum Dwelling Unit Area | | | | mobile home | 45 square metres | | ii) | all other dwelling units | 90 square metres | ## Other Provisions Notwithstanding the provisions of Section 5.2, the required setback for any building used to house livestock shall be determined through the Minimum Distance Separation Formula Il, as amended from time to time and the required setback for any new residential use adjacent to an existing livestock operation shall be determined through the Minimum Distance Separation Formula I, as amended from time to time. ## SECTION 6 - RURAL RESIDENTIAL ZONE (RR) REGULATIONS ## Permitted Uses - a) single detached dwelling No land shall be used in the Rural Residential Zone (RR) except for the followin purposes: - mobile home - home occupation or home profession - bed and breakfast establishment - accessory uses, buildings or structures in accordance with Section 4.2 ## 6.2 Zone Provisions | Minimum Lot Are | Minimum Lot Are | 1.2 hectare | |----------------------------|----------------------------|------------------| | Vinimum Lot Frontage | Vinimum Lot Frontage | 30.0 metres | | Maximum Lot Coverage | Maximum Lot Coverage | 35% | | Minimum Front Yard | Minimum Front Yard | 15.0 metres | | Minimum Side Yard | Minimum Side Yard | 7.5 metres | | Minimum Exterior Side Yard | Minimum Exterior Side Yard | 10.0 metres | | Minimum Rear Yard | Minimum Rear Yard | 12.0 metres | | Maximum Building Height | Maximum Building Height | 10.5 metres | | Minimum Dwelling Unit Area | Minimum Dwelling Unit Area | | | | mobile home | 45 square metres | | | all other dwelling units | 90 square metres | ## Other Provisions he required setback for any new residential use adjacent to an existing livestoc peration shall be determined through the Minimum Distance Separation Formula I, a amended from time to time. ## SECTION 7 - RESIDENTIAL 1 ZONE (R1) REGULATIONS ## 7.1 Permitted Uses - single detached dwelling No land shall be used in the Residential 1 Zone (R1) except for the following purposes: - semi-detached dwelling or duplex - home occupation - bed and breakfast establishment - group home - tourist home - accessory uses, building or structures in accordance with Section 4.2 ## 7.2 Zone Provisions | a) | Minimum Lot Area | 500 square metres | |------|----------------------------|---------------------------------------------------------------------------------------------------------------------------------------| | b) | Minimum Lot Frontage | 15.0 metres | | c) | Maximum Lot Coverage | 35% | | d) | Minimum Front Yard | 7.5 metres | | e) | Minimum Side Yard | 1.5 metres, except that where there is a side entrance to a dwelling, the minimum side yard shall be 3.0 metres | | 1) | Minimum Exterior Side Yard | 4.5 metres, except that where an entrance to a garage faces an exterior side yard, the minimum exterior side yard shall be 6.0 metres | | | Minimum Rear Yard | 7.5 metres | | | Maximum Building Height | 10.5 metres | | | Minimum Dwelling Unit Area | 85 square metres | ## 7.3 Zone Provisions for Semi-Detached Dwellings | | Minimum Lot Area per Unit | 325 square metres | |----|-----------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | | Minimum Lot Frontage | 9.0 metres | | | Maximum Lot Coverage | | | d) | Minimum Front Yard | 7.5 metres | | e) | Minimum Side Yard | 1.5 metres, no side yard is required a semi-detached dwelling between the common vertical wall | | | Minimum Exterior Side Yard | dividing one unit from another 4.5 metres on each side, except that where an entrance to a garage faces an exterior side yard, the exterior side yard shall be 6.0 metres | | | Minimum Rear Yard | 7.5 metres | | | Maximum Building Height | 10.5 metres | | | Minimum Dwelling Unit Area | 60 square metres | ## 7.4 Zone Provisions for a Duplex Dwelling | TOWN OF MARATHON | TOWN OF MARATHON | ZONING BY-LAW NO. | |--------------------|----------------------------|--------------------------------------------------------------------------------------------------------------------------------------------| | a) | | 650 square metres | | | Minimum Lot Frontage | 18.0 metres | | c) | Maximum Lot Coverage | 35% | | d) | Minimum Front Yard | 7.5 metres | | e) | Minimum Side Yard | 1.5 metres | | 1) | Minimum Exterior Side Yard | 4.5 metres on each side, except that where an entrance to a garage faces an exterior side yard, the exterior side yard shall be 6.0 metres | | g) | Minimum Rear Yard | | | h) | Maximum Building Height | | | i) | Minimum Dwelling Unit Area | | ## TOWN OF MARATHON ZONING BY-LAW NO.\_ ## SECTION 8 - MOBILE HOME RESIDENTIAL ZONE (R2) REGULATIONS ## Permitted Uses No land shall be used in the Mobile Home Residential Zone (R2) except for the following purposes: - modular dwelling - accessory uses, buildings and structures in accordance with Section 4.2 ## 8.2 Zone Provisions | a) | Minimum Lot Area | 500 square metres | |------|----------------------------|---------------------------------------------------------| | b) | Minimum Lot Frontage | 15.0 metres | | c) | Maximum Lot Coverage | 35% | | d) | Minimum Front Yard | 7.5 metres | | e) | Minimum Side Yard | 1.5 metres on one side and 4.5 metres on the other side | | | Minimum Exterior Side Yard | 4.5 metres | | g) | Minimum Rear Yard | 7.5 metres | | h) | Лахітит Dwelling Height | 4.0 metres | | i) | Minimum Dwellina Unit Are | 45.0 square metres | - block townhouse dwelling ## SECTION 9 - RESIDENTIAL MULTIPLE ZONE (RM-1) REGULATIONS ## 9.1 No land shall be used in the Residential Multiple Zone (RM-1) except for the following purposes: - a) - b) street townhouse dwellings - boarding house, rooming house - accessory uses, buildings and structures in accordance with Section 4.2 ## 9.2 Zone Provisions for a Multiple Dwelling Unit - Minimum Lot Area 700 square metres - Minimum Lot Frontage 20.0 metres - c) Maximum Lot Coverage - d) Minimum Front Yard - e) Minimum Side Yard 35% 7.5 metres .5 metres, except that where ther s a side entrance to a dwelling, th minimum side yard shall be 3.0 metres - Minimum Exterior Side Yard 4.5 metres, except that where an entrance to a garage faces an exterior side yard, the exterior side yard shall be 6.0 metres - Minimum Rear Yard - Minimum Landscaped Area - Maximum Dwelling Height - Minimum Dwelling Unit Area 9.0 metres 20% 10.5 metres 80 square metres ## 9.3 Zone Provisions for Street Townhouse Dwellings - Minimum Lot Area per Unit 230 square metres | | Minimum Lot Frontage per Unit | 6.7 metres for interior units and 9.0 metres for exterior/end units | |----|---------------------------------|-----------------------------------------------------------------------------------------------------------------------------| | | Maximum Lot Coverage | 40% | | | Minimum Front Yard | 6.0 metres | | e) | Minimum Side Yard | 3.0 metres for end units. No interior side yard is required between the common vertical wall dividing one unit from another | | 1) | Minimum Exterior Side Yard | 4.5 metres, except where an | | | Minimum Rear Yard | | | h) | Maximum Dwelling Height | | | | Minimum Dwelling Unit Area | 80 square metres | ## 9.4 Zone Provisions for Block Townhouse Dwellings ## TOWN OF MARATHON ## ZONING BY-LAW NO.\_ - a) Minimum Lot Area per Unit - C) Maximum Lot Coverage - d) Minimum Front Yard - e) Minimum Side Yard - f) Minimum Exterior Side Yard 7.5 metres - g) Minimum Rear Yard = - Minimum Lot Frontage Minimum Distance Between any Townhouse Dwelling and an Internal Roadway or Parking Area - Minimum Landscaped Area - Maximum Dwelling Height - Minimum Dwelling Unit Area 285 square metres 30.0 metres 35% 7.5 metres 7.5 metres 7.5 metres 6.0 metres 25% 10.5 metres 80 square metres ## Zone Provisions for Apartment Building | | Minimum Lot Area per Unit | 135 square metres | |-------|---------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | | Minimum Lot Frontage | 30.0 metres | | | Maximum Lot Coverage | 35% | | | Minimum Front Yard | 7.5 metres | | | Minimum Side Yard | 6.0 metres, except that where the whichever is greater | | | Minimum Exterior Side Yard | 7.5 metres | | | Minimum Rear Yard | 7.5 metres, except that where the | | h) | Minimum Distance Between Apartment Buildings on the Same Lot | | | i) | Minimum Landscaped Open Space | 30% | | j) k) | Maximum Dwelling Height Minimum Dwelling Unit Area Bachelor Unit ii) One Bedroom Unit | 12.0 metres 37 square metres 55 square metres | | 1) | ili) Two Bedroom or More Buffer Strip | 65 square metres Where an apartment building abuts a R1, R2 or R3 Zone, a buffer strip shall be provided along the adjoining property line having a minimum width of 3.0 metres in compliance with Section 4.5 | ## 9.6 Zone Provisions for a Boarding House, Rooming House - Minimum Lot Area 790 square metres | TOWN OF MARATHON | TOWN OF MARATHON | ZONING BY-LAW NO._ | |--------------------|----------------------------|-------------------------------------------------------------------------------------------------------| | b) | Minimum Lot Frontage | 25.0 metres | | | Maximum Lot Coverage | 35% | | d) | Minimum Front Yard | | | e) | Minimum Side Yard | 3.0 metres, except for buildings higher than 10.5 metres in which case the minimum side yard shall be | | | Minimum Exterior Side Yard | 4.5 metres, except that where an entrance to a garage faces an | | g) | Minimum Rear Yard | | | | Minimum Landscaped Area | | | | Maximum Dwelling Height | 12.0 metres | | | Minimum Dwelling Unit Area | 110 square metres | | | Minimum Guest Room Area | 9 square metres | ## SECTION 10--TEMPORARY ACCOMMODATIONS ZONE (RM-2) REGULATIONS ## 10.1 Permitted Uses - a) b) cesary ace, midags and structures in accordance with Section 4,2 | | | 30.0 metres | |----|----------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | | | 7.5 metres | | | | 6.0 metres, except that where the whichever is greater | | | Minimum Exterior Side Yard | 7.5 metres | | 1) | Minimum Rear Yard | 7.5 metres, except that where the rear lot line abuts an R1, R2 or R3 Zone, a minimum rear yard equal to the building height is required, or | | | Minimum Landscaped Area | whichever is greater 30% | | | Maximum Building Height | 12.0 metres | | i) | Buffer Strip | Where a temporary accommodation and parking area abuts a R1, R2 or R3 Zone, a buffer strip shall be provided along the adjoining property line having a minimum width of 3.0 metres in compliance with Section 4.5 | ## SECTION 11 - SEASONAL RESIDENTIAL ZONE (SR) REGULATIONS ## 11.1 Permitted Uses No land shall be used in the Seasonal Residential Zone (SR) except for the following purposes: - accessory uses, buildings and structures in accordance with Section 4.2 ## 11.2 Zone Provisions | | | | 0.4 hectares | |----|---------------------------|---------------------------|------------------| | | | | 45.0 metres | | | | | 15% | | | | pump houses | nil | | | ii) | | 15.0 metres | | | Minimum Front Yard | Minimum Front Yard | 15.0 metres | | | Minimum Side Yard | Minimum Side Yard | 10.0 metres | | g) | Minimum Rear Yard | Minimum Rear Yard | 15.0 metres | | h) | laximum Dwelling Heigh | laximum Dwelling Heigh | 7.5 metres | | i) | linimum Dwelling Unit Are | linimum Dwelling Unit Are | 37 square metres | ## 11.3 Access Lots with water frontage or water access only must have boat launching, docking and vehicle parking facilities to support the water access. ## SECTION 12 - NEIGHBOURHOOD COMMERCIAL ZONE (C1) REGULATIONS ## 12.1 Permitted Uses No land shall be used in the Neighbourhood Commercial Zone (C1) except for the - a) - accessory uses, buildings and structures in accordance with Section 4.2 including an accessory apartment dwelling unit - personal service establishment ## 12.2 Zone Provisions for Commercial Uses - Minimum Lot Area - Minimum Lot Frontage - Maximum Lot Coverage - Minimum Front Yard - Minimum Side Yard - Minimum Exterior Side Yard - Minimum Rear Yard - i) Maximum Height - i) Minimum Floor Area - k) Outside Storage - Minimum Landscaped Area 500 square metres 15.0 metres 7.5 metres 3.0 metres, except where the interior side yard abuts a Residential Zone or use, 6.0 metres is required 4.5 metres 7.5 metres, except where the rea yard abuts a Residential Zone or use 9.0 metres is required 20% 10.5 metres 60 square metres none permitted ## 12.3 Zone Provisions for Accessory Apartment Dwelling Unit - Location Dwelling units may be permitted above or behind a commercial use, but are not permitted in a cellar or - b) Minimum Dwelling Unit Area - c) Minimum Amenity Area for the Accessory Apartment Unit - Bachelor Unit - One Bedroom Unit - Two Bedroom or More 37 square metres 55 square metres 65 square metres 9 square metres ## SECTION 13 - GENERAL COMMERCIAL ZONE (C2) REGULATIONS ## 13.1 Permitted Uses - assembly hall No land shall be used in the General Commercial Zone (C2) except for the following purposes: - bake shop - bus terminal - building supply outlet - business office - clinic - car wash - commercial school - community centre - commercial or private club - к) community support service organization - m) financial institution - 1) entertainment facility - n) gardening centre - p) motor vehicle or recreation vehicle sales, leasing storage establishment, excluding vehicle repair - 0) hotel or motel - museum - personal service establishment - parking lot - post office - restaurant, tavern - retail store - service establishment - taxi establishment - shopping centre - theatre - tourist outfitters establishment - undertaking establishment - train station - accessory uses, buildings and structures in accordance with Section 4.2, including an accessory apartment dwelling unit ## Zone Provisions for Commercial Uses | Minimum Lot Area | 500 square metres for hotels or motels, all other uses 230 square metres, plus 60 square metres for an accessory apartment unit | |----------------------|-----------------------------------------------------------------------------------------------------------------------------------| | Minimum Lot Frontage | 30.0 metres for hotels or motels, 15.0 metres for all other uses | | Maximum Lot Coverage | | | Minimum Front Yard | 1.0 metres | | Minimum Side Yard | 1.0 metres, except for hotels and motels the minimum side yard shall be | ## TOWN OF MARATHON - d) Minimum Exterior Side Yard 2. Minimum Landscaped Area - e) Minimum Rear Yard 4. Maximum Height 5. Minimum Floor Area 6. Buffer Strip ## ZONING BY-LAW NO.\_ - 6.0 metres except where a hotel or motel abuts a Residential Zone the minimum side yard shall be 9.0 metres - 4.5 metres - 6.0 metres 20% for hotels and motels, all other - 10.5 metres for hotels and motels, all other uses 12.0 metres Section 4.5 ## 13.3 Zone Provisions for Accessory Apartment Dwelling Unit In accordance with the provisions set out in Section 12.3 ## SECTION 14 - HIGHWAY COMMERCIAL ZONE (C3) REGULATIONS Vo land shall be used in the Highway Commercial Zone (C3) except for the following purposes: - a) automobile service station - c) gas bar - b) bulk storage and sales establishment - d) hotel 5. restaurant - e) motel 7. tavern - i) vehicle sales, leasing, equipment and service establishment - h) tourist outfitters establishment 10. manufacturing incidental to a permitted use provided it does not exceed 50% of the floor area and is for the manufacturing of products sold on the premises 11. accessory uses, buildings and structures in accordance with Section 4.2, including an accessory dwelling unit or mobile home for a caretaker, owner or manager of a permitted use ## 14.2 Zone Provisions for Commercial Uses | | Minimum Lot Area | Minimum Lot Area | | |----|----------------------------|----------------------------|----------------------------------------------------------------------------------------------------------------------| | | i) | Unserviced | 0.8 hectare | | | ії) | Serviced | 1,000 square metres | | | Minimum Lot Frontage | Minimum Lot Frontage | | | | 1) | Unserviced | 45.0 metres | | | il) | Serviced | 30.0 metres | | c) | Maximum Lot Coverage | Maximum Lot Coverage | | | | i) | Unserviced | 30% | | | ii) | Serviced | 50% | | d) | Minimum Front Yard | Minimum Front Yard | 15.0 metres | | e) | Minimum Side Yard | Minimum Side Yard | 7.5 metres | | | Minimum Exterior Side Yard | Minimum Exterior Side Yard | 10.0 metres | | | Minimum Rear Yard | Minimum Rear Yard | 7.5 metres | | h) | Minimum Landscaped Area | Minimum Landscaped Area | 20% | | i) | aximum Heigh | aximum Heigh | 12.0 metres | | j) | linimum Floor Are | linimum Floor Are | | | k) | Buffer Strip | Buffer Strip | Where a Highway Commercial Zone (C3) abuts a residential, institutional of 3.0 metres in compliance with Section 4.5 | ## TOWN OF MARATHON ZONING BY-LAW NO. ## 14.3 Zone Provisions for Gas Bar, Automobile Service Stations and Public Garages - Minimum Lot Area Notwithstanding any other provision of this By-law, where a lot is used for an automobile service station or public garage, the following regulations shall apply: | | | Unserviced | 0.8 hectare | |----|----------------------------|----------------------------|--------------------| | | ii) | Serviced | 1000 square metres | | b) | Minimum Lot Frontage | Minimum Lot Frontage | | | | | Unserviced | 36.0 metres | | | | Serviced | 25.0 metres | | c) | Maximum Lot Coverage | Maximum Lot Coverage | | | d) | Minimum Front Yard | Minimum Front Yard | 35.0 metres | | e) | Minimum Side Yard | Minimum Side Yard | 4.5 metres | | | Minimum Exterior Side Yard | Minimum Exterior Side Yard | 7.5 metres | | g) | Minimum Rear Yard | Minimum Rear Yard | 7.5 metres | | h) | Minimum Landscaped Area | Minimum Landscaped Area | | | i) | Maximum Building Height | Maximum Building Height | | | | Minimum Floor Area | Minimum Floor Area | | | k) | | | | ## 14.4 Zone Prinimum ronAccessory Dwelling U5.0 metres Minimum Front Yard | Minimum Side Yard | | |----------------------------|------------------| | Minimum Rear Yard | | | Maximum Building Height | | | Maximum Dwelling Unit Area | 45 square metres | ## SECTION 15 - TOURIST COMMERCIAL ZONE (TC) REGULATIONS ## 15.1 Permitted Uses - boat launch and docking facilities No land shall be used in the Tourist Commercial Zone (TC) except for the following purposes: - marina - restaurant - public park - seaplane base - tourist outfitters establishment - accessory uses, buildings and structures in accordance with Section 4.2 ncluding accessory convenience store and gift shor ## 15.2 Zone Provisions | | 0.8 hectares | |----------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------| | Minimum Lot Frontage | 50.0 metres | | Maximum Lot Coverage | | | Minimum Front Yard | 15.0 metres | | Minimum Side Yard | 10.0 metres | | Minimum Exterior Side Yard | 15.0 metres | | Minimum Rear Yard Minimum Setback from Water docks, boathouses, pumphouses | 10.0 metres | | Vaximum Building Heigh | 15.0 metres Where a Tourist Commercial Zone (TC) abuts a residential, institutional or open space use, a buffer strip shall | | Buffer Stric | Section 4.5 | ## 15.3 Zone Provisions for Seaplane Base | Minimum Lot Area | 0.6 hectare | |----------------------------|---------------| | | 46.0 metres | | Maximum Lot Coverage | 30 percent | | Minimum Front Yard | | | | 9.0 metres | | | 20.0 metres | | Minimum Side Yard | 7.5 metres | | Minimum Exterior Side Yard | 10.0 metres | | Minimum Rear Yard | 9.0 metres | | Maximum Buildina Heiaht | 9.0 metres | ## TOWN OF MARATHON - 1) Minimum Floor Area 2. Buffer Strip ## 15.4 Access ## ZONING BY-LAW NO. 55 square metres Where a seaplane base abuts a residential, institutional or open space zone, a buffer strip shall be provided long the property line having ninimum width of 3.0 metres Lots with water frontage and water access only must have boat launching, docking, vehicular parking facilities and/or float plane access to support the water access. ## SECTION 16 - ENTERPRISE ZONE (E) REGULATIONS ## 16.1 Permitted Uses - a) automotive sales and service No land shall be used in the Enterprise Zone (E) except for the following purposes: - b) automotive parts and accessory sales - d) quipment sales and service establishme - C) business office - e) nancial institutic - g) hotel - 1) gas bar - h) motel - i) printing and publishing establishment - j) research and development centre 10. retail store - k) restaurant - m) service shop - 0) accessory uses, buildings and structures in accordance with Section 4.2 - n) warehouse and bulk storage of goods and products except for oil, gasoline, petroleum products, cleaning products, pesticides, herbicides, fungicides. chemicals, resins, paints, varnish, printing inks, adhesives and dyes ## 16.2 Zone Provisions for Industrial Uses | a) | Minimum Lot Area | 500 square metres | |------|------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | b) | Minimum Lot Frontage | 30 metres | | | Maximum Lot Coverage | 50% | | | Minimum Front Yard | 10.0 metres | | e) | Minimum Side Yard | 7.5 metres | | f) | Minimum Exterior Side Yard | 10.0 metres | | g) | Minimum Rear Yard | 10.0 metres | | h) | Minimum Yard abutting a Residential, Institutional or Open Minimum Landscaped Area | 20.0 metres 10% | | | Maximum Building Height | 12 metres | | | Minimum Floor Area | | | k) | Buffer Strip | Where a use abuts a residential, institutional or open space use, a buffer strip shall be provided along the property line having a minimum width of 3.0 metres in compliance with Section 4.5 | | 1) | Loading Dock or Space | No loading dock or space for unloading in connection with any use shall be located between the front wall of the main building and the street | | m) | Building and Structure Material | No building or structure shall be erected along Penn Lake Road or Peninsula Road unless the front and | n) Outside Storage ## ZONING BY-LAW NO.\_ side walls of the building or structure are constructed of brick, stone, stucco on masonry, glazed block, marble, enamel or composite panels other than wood and shall not be formed of corrugated materials, asbestos sheeting on steel unless the exterior surface has a permanent coloured, factory applied finish. Outside storage shall be permitted in compliance with Section 4.26. ## SECTION 17 - LIGHT INDUSTRIAL ZONE (M1) REGULATIONS ## 17.1 Permitted Uses No land shall be used in the Light Industrial Zone (M1) except for the following purposes: - a) carpenter or joiner's shop - c) contractor's building and yard - b) communication and satellite transmission facilities - d) equipment sales and service establishment 5. manufacturing printing and publishing establishment - e) heavy equipment service and repair 7. research and development centre g) 8. h) - i) petroleum products, cleaning products, pesticides, herbicides, fungicides, chemicals, resins, paints, varnish, printing inks, adhesives and dyes - i) accessory uses, buildings and structures in accordance with Section 4.2 including offices, retail uses and an accessory bachelor apartment unit for an owner, manager, caretaker or one person employed by a manufacturing or industrial operation or permitted use ## 17.2 Zone Provisions for Industrial Uses | a) | Minimum Lot Area | Minimum Lot Area | 1.2 hectare | |------|----------------------------------------------------------------------|----------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------| | a) | == | Unserviced | 1.2 hectare | | | | Serviced | 1000 square metres | | | Minimum Lot Frontage | Minimum Lot Frontage | Minimum Lot Frontage | | | i) | Unserviced | 45.0 metres | | | ії) | Serviced | 30.0 metres | | c) | Maximum Lot Coverage | Maximum Lot Coverage | Maximum Lot Coverage | | c) | a) | Unserviced | 35% | | c) | b) | Serviced | 50% | | | Minimum Front Yard | Minimum Front Yard | 10.0 metres | | | Minimum Side Yard | Minimum Side Yard | 7.5 metres | | | Minimum Exterior Side Yard | Minimum Exterior Side Yard | 10.0 metres | | g) | Minimum Rear Yard | Minimum Rear Yard | 10.0 metres | | h) | Minimum Yard abutting a Residential, Institutional or Open Space Use | Minimum Yard abutting a Residential, Institutional or Open Space Use | 20.0 metres | | | Minimum Landscaped Area | Minimum Landscaped Area | 10% | | | Maximum Building Height | Maximum Building Height | 12 metres | | | Minimum Floor Area | Minimum Floor Area | 120 square metres | | | Buffer Strip | Buffer Strip | Where an industrial use abuts a residential, institutional or open space use, a buffer strip shall be provided along the property line having a | | m) | Retail Use Area | Retail Use Area | | | | Outside Storage | Outside Storage | area or 280 square metres, whichever Outside storage shall be permitted in | compliance with Section 4.26. ## 17.3 Zone Provisions for Accessory Dwelling Unit - a) Location - b) Maximum Dwelling Unit Area Dwelling units may be permitted above or behind an industrial use, but are not permitted in a cellar or basement 37 square metres ## TOWN OF MARATHON ZONING BY-LAW NO. ## SECTION 18 - HEAVY INDUSTRIAL ZONE (M2) REGULATIONS ## 18.1 No laid shall be used in the Heavy Industial Zone (M2) except for the following purposes: - a) abattoir - b) aggregate extraction and processing including crushing, screening, - C) airport and airport related building - d) blacksmith or welder's shop - e) bulk sales and storage establishment 6. hydro generating or distribution station g) 7. communication transmission facility 8. h) 9. mining operation 10. propane storage and sales 11. pulp and paper mill - m) railway and railway yard - o) salvage yard - n) road maintenance and works yards - p) sawmill 16. snow storage and disposal facilities 17. sewage treatment plant - S) trucking depot and transportation terminal - u) waste disposal site - t) warehouse - v) water treatment plant - x) wrecking yard - W) wayside pit and quarry - y) accessory uses, buildings and structures in accordance with Section 4.2 including offices, retail uses and an accessory bachelor apartment unit for an owner, manager, caretaker or one person employed by a manufacturing or industrial operation or permitted use ## 18.2 Zone Provisions for Industrial Uses - a) Minimum Lot Area 2. її) Serviced 2000 square metres - i) Unserviced 1.2 hectare - b) Minimum Lot Frontage - c) Maximum Lot Coverage 6. =E Unserviced Serviced 45.0 metres 30.0 metres 7. Unserviced 35% - d) Minimum Front Yard 10.0 metres 9. Serviced 50% - e) Minimum Side Yard 7.5 metres 11. Minimum Rear Yard 10.0 metres 12. Minimum Exterior Side Yard 10.0 metres - h) Minimum Yard abutting a ## TOWN OF MARATHON ## ZONING BY-LAW NO.. | | Residential, Institutional or Open Space Use | 20.0 metres | |----|------------------------------------------------|---------------| | i) | Minimum Landscaped Area | 10% | | i) | Minimum Floor Area | | | k) | Buffer Strip | | | 1) | Retail Use Area | | ## 18.3 Zone Provisions for Waste Disposal Sites | Minimum Lot Area | 20.0 hectare | |------------------------------------------------------------|--------------------------------------------------------------------------------------| | Minimum Lot Frontage | 100.0 metres | | Maximum Lot Coverage | | | Minimum Front Yard | 30.0 metres | | Minimum Side Yard | 30.0 metres | | Minimum Rear Yard | 30.0 metres | | Minimum Yard abutting a Residential, Institutional or Open | 45.0 metres | | Bar an unding Hoghte | | | | long the property line having inimum width of 6.0 metres compliance with Section 4.5 | ## 18.4 Zone Provisions for Aggregate Extraction and Processing Uses | Minimum Lot Area | Minimum Lot Area | | |----------------------------|------------------------------------------------------------------------------------------------------------------|--------------| | Minimum Lot Frontage | Minimum Lot Frontage | 100.0 metres | | Maximum Lot Coverage | Maximum Lot Coverage | | | Minimum Excavation Setback | Minimum Excavation Setback | | | | from lot line | 15.0 metres | | | from road allowance | 30.0 metres | | | from abutting lands usec for residential, institutional, commercial or recreational uses from abutting any lands | 30.0 metres | | iv) | zoned for Residential uses | 30.0 metres | 2.0 hectare ## TOWN OF MARATHON ## ZONING BY-LAW NO. - e) Minimum Setback for Building, - from lands used or zoned for residential purposes - Minimum Setback for Blasting - Buffer Strip 30.0 metres 30.0 metres 90.0 metres 450 metres ## 8.5 Zone Provisions for Mining Operation | | 5.0 hectares | |----------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------| | Minimum Lot Frontage | 200.0 metres | | Maximum Lot Coverage | 5% | | Minimum Front Yard | 30.0 metres | | Minimum Side Yard | 30.0 metres | | | 30.0 metres | | linimum Yard abutting Residential, Institutional or Open | 150.0 metres | | Лахітит Building Heigh | 7.5 metres | | Buffer Strip | Where a mining operation abuts a Residential, Institutional, Open Space or a Tourist Commercial Zone, a buffer strip 120.0 metres in width is | ## 18.6 Zone Provisions for Accessory Dwelling Unit In accordance with the provisions set out in Section 17.3. ## TOWN OF MARATHON ## SECTION 19 - INSTITUTIONAL ZONE (I) REGULATIONS ## 19.1 Permitted Uses - hospital No land shall be used in the Institutional Zone (I) except for the following purposes: - school or other educational institution - e) library or cultural institutior - place of worship - 1) government office - h) fire hall - g) post office - i) arena - k) community centre including a senior citizen centre - i) museum - 1) animal shelter - n) cemetery - m) assembly hall, club - 0) tourist information centre - 9) ambulance station - p) police station - r) nursing home - s) accessory uses, buildings and structures in accordance with Section 4.2 ## 19.2 Zone Provisions | a) | Minimum Lot Area | Minimum Lot Area | | |------|----------------------------|----------------------------|-------------------| | | | Unserviced | 1.2 hectares | | | | Serviced | 600 square metres | | | Minimum Lot Frontage | Minimum Lot Frontage | | | | | Unserviced | 45.0 metres | | | | Serviced | 18.0 metres | | c) | Maximum Lot Coverage | Maximum Lot Coverage | 50% | | d) | Minimum Front Yard | Minimum Front Yard | 7.5 metres | | e) | Minimum Side Yard | Minimum Side Yard | 3.0 metres | | f) | Minimum Exterior Side Yard | Minimum Exterior Side Yard | 6.0 metres | | g) | Minimum Rear Yard | Minimum Rear Yard | 7.5 metres | | h) | Maximum Building Height | Maximum Building Height | 12.0 metres | ## TOWN OF MARATHON ## ZONING BY-LAW NO.\_ ## SECTION 20 - OPEN SPACE ZONE (OS) REGULATIONS ## 20.1 Permitted Uses No land shall be used in the Open Space Zone (OS) except for the following campground conservation area marina golf course golf driving range gun club recreation use tourist information centre accessory uses, buildings and structures in accordance with Section 4.2 ## 20.2 Zone Provisions - i) Unserviced 0.4 hectares - a) Minimum Lot Area 3. Serviced no minimum required - i) Unserviced 45.0 metres - b) Minimum Lot Frontage 6. ii) Serviced no minimum required 7. Minimum Front Yard 7.5 metres 8. Maximum Lot Coverage 30% 9. Minimum Side Yard 4.5 metres 10. Maximum Building Height 12.0 metres 11. Minimum Rear Yard 10.0 metres - d) ## SECTION 21 - ENVIRONMENTAL PROTECTION ZONE (EP) REGULATIONS ## Permitted Uses - docks, boathouses and pump houses No land shall be used in the Environmental Protection Zone (EP) except for the following purposes: - electric power generation and transmission - forestry management uses c) - e) ublic and private parks, including playgrounds, picnic facilities, sport fields ennis courts, golf course, outdoor natural rinks and hikina/cross countr - g) dwellings existing at the date of the passing of this By-law, and uses, buildings and structures accessory thereto, but not conversions or No fill shall be placed on or removed from land in the Environmental Protection Zone (EP) whether originating on such lands or elsewhere ## SECTION 22 - HOLDING ZONE (H) REGULATIONS ## 22.1 The Holding Zone (H) when used in conjunction with another zone category, limits development on lots to which it applies until such time as Council adopts a by-law, pursuant to Section 35 of the Planning Act, 1990, removing the Holding (H) symbol. When the Holding (H) symbol is removed, the regulations of the parent zone which applies to the lot will come into force. ## 22.2 Permitted Uses No land with the Holding (H) Zone symbol in place shall be used, except for the following purposes: - a) existing uses 2. accessory uses ## 22.3 Zone Provisions Minimum Lot Area Minimum Lot Frontage Maximum Lot Coverage Maximum Height Minimum Floor Area Vinimum Front Yaro Minimum Side Yar Minimum Rear Yard as existing as existing 10 percent 12.0 metres 70 square metres 7.5 metres 7.5 metres 7.5 metres ## TOWN OF MARATHON <!-- image --> If no notice of objection is filed with the Clerk within the time provided, this By-law shal come into force and take effect on the date of passing by the Council of the Corporation of the Town of Marathon, in accordance with Section 34 of the Planning Act. If a notice of objection is filed with the Clerk, this By-law shall become effective on the date of passing hereof, subject to receiving the approval of the Ontario Municipal Board. <!-- image --> <!-- image --> Read afist and second time this 30 say or they. \_ 2016. read tiram and may as he day alloyee ., 2016. \_ 2016. read tiram and may as he day alloyee ., 2016. Mayor - R. Dumas Clerk TOWN OF MARATHON ## SCHEDULE "A" - TOWN OF MARATHON ## ZONING BY-LAW NO. <!-- image --> TOWN OF MARATHON ## ZONING BY-LAW NO. ## SCHEDULE "B" - MARATHON TOWNSITE <!-- image --> ## TOWN OF MARATHON ## CONVERSION TABLE (APPROXIMATE) | Metres | Feet | Square Metres | Square Feet | |----------|--------|-----------------|---------------| | 0.5 | 2.0 | 1 | 10 | | 1.0 | 3.0 | 9.0 | 100 | | 1.5 | 5.0 | 16.75 | 180 | | 2.0 | 6.5 | 20.0 | 215 | | 2.5 | 8.0 | 28.0 | 300 | | 3.0 | 10.0 | 37.0 | 400 | | 3.5 | 11.0 | 45.0 | 484 | | 4.0 | 13.0 | 55.0 | 592 | | 4.5 | 15.0 | 60.0 | 645 | | 6.0 | 20.0 | 65.0 | 700 | | 7.5 | 25.0 | 80.0 | 860 | | 9.0 | 30.0 | 85.0 | 915 | | 10.0 | 33.0 | 110.0 | 1180 | | 10.5 | 34.0 | 140.0 | 1500 | | 12.0 | 39.0 | 232.0 | 2500 | | 15.0 | 49.0 | 275.0 | 2960 | | 18.0 | 59.0 | 372.0 | 4000 | | 20.0 | 66.0 | 465.0 | 5000 | | 24.4 | 80.0 | 557.0 | 6000 | | 30.0 | 98.0 | 650.0 | 7000 | | 90 | 295.0 | 700 | 7535 | | 100.0 | 328.0 | 744 | 8000 | | Hectares | Acres | |------------|---------| | 0.4 | 1.0 | | 0.8 | 2.0 | | 1.2 | 3.0 | | 4.0 | 10.0 | | 20.0 | 50.0 | | 32.0 | 80.0 | Conversion Factors Metres to Feet multiply by 3.2808 Square Metres to Square Feet multiply by 10.7642 Hectares to Acres multiply by 2.4707 NOTE: The above tables are for convenience only and do not form part of this By-law.