Municipality of Mattawan Zoning By-law 2003-009 (Consolidated December 16, 2021)
Mattawan, Ontario
· adopted 2021-12-16
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Municipality of Mattawan
Zoning By-law 2003-009,
Consolidated with Amendements
December 16, 2021
287 Three Bay Road
PERTH ON K7H 3C7
[email protected]
File P-2800
[Page i]
MUNICIPALITY OF MATTAWAN
ZONING BY-LAW
Table of Contents
Foreword ..................................................................................................................................... v
Explanatory Note ....................................................................................................................... vi
Zoning By-law Amendments ..................................................................................................... vi
Minor Variances........................................................................................................................ vii
How to Use this By-law ........................................................................................................... viii
Section 1
ADMINISTRATION ............................................................................................... 1
1.1
Title .................................................................................................................................. 1
1.2
Applications and Plans ..................................................................................................... 1
1.3
Defined Area .................................................................................................................... 1
1.4 Enforcement ..................................................................................................................... 1
1.5
Inspection of Land, Buildings and Structures .................................................................. 2
1.6
Penalty .............................................................................................................................. 2
1.7
Repeal and Relationship to Former By-laws ................................................................... 2
1.8
Validity ............................................................................................................................. 3
1.9
Other By-laws, Licenses, Permits and Regulations ......................................................... 3
1.10
Conflict ......................................................................................................................... 3
1.11
Interpretation ................................................................................................................ 3
1.12
Effective Date ............................................................................................................... 4
1.13
Technical Revisions to the Zoning By-law .................................................................. 4
Section 2
CONFORMITY REQUIREMENTS ................................................................... 1
2.1
Compliance....................................................................................................................... 1
2.2
Compliance of Severances ............................................................................................... 1
2.3
Application to Building .................................................................................................... 1
2.4
Committee of Adjustment and Minor Variances ............................................................. 1
Section 3 DEFINITIONS ........................................................................................................ 1
Section 4
GENERAL PROVISIONS ................................................................................ 46
4.1
Accessory Buildings, Structures and Uses ..................................................................... 46
4.1.1
General .................................................................................................................... 46
4.1.2
Swimming Pools ..................................................................................................... 48
4.1.3
Bed and Breakfast .................................................................................................. 49
4.1.4
Accessory Residential Units ................................................................................... 50
4.1.5
Storage Containers in a Residential Zone ............................................................... 50
4.1.6
Storage Containers in a Rural Zone - Non-Residential .......................................... 51
4.2
Auto Service Station, Gasoline Bar, Car Washing Establishment ................................. 52
4.3
Buildings to be Moved ................................................................................................... 52
4.4
Camp .............................................................................................................................. 53
4.5
Change of Use ................................................................................................................ 53
4.6
Cumulative Standards .................................................................................................... 53
4.7
Day Nurseries ................................................................................................................. 53
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4.8
Exception Zone .............................................................................................................. 53
4.9
Farm Use ........................................................................................................................ 53
4.10
Fences ......................................................................................................................... 53
4.11
Flood Plain, Fill and Construction Requirements ...................................................... 54
4.11.1 General .................................................................................................................... 54
4.11.2 Permitted Uses ........................................................................................................ 54
4.11.3 Prohibited Uses ....................................................................................................... 54
4.11.4 Additional Provisions.............................................................................................. 55
4.12
Frontage on a Public Street or Private Road............................................................... 55
4.12.1 General ....................................................................................................................... 55
4.12.2 Exception for Existing Agreements ........................................................................ 56
4.12.3 Ministry of Transportation Access Requirements .................................................. 56
4.13
Garden Suites .............................................................................................................. 56
4.14
Group Homes .............................................................................................................. 56
4.15
Helipad, Heliport ........................................................................................................ 57
4.16
Home Based Businesses ............................................................................................. 57
4.16.1 Zone Regulations for Home Based Businesses ...................................................... 58
4.17 Illumination ...................................................................................................................... 59
4.18
Land Suitability for Use and Organic Soils ................................................................ 59
4.19
Licenses, Permits and Other By-laws ......................................................................... 59
4.20
Mine Hazards .............................................................................................................. 60
4.21
Minimum Distance Separation, Influence Areas and Special Setbacks ..................... 60
4.22
Natural Heritage Features ........................................................................................... 63
4.22.1 Deer Yards .............................................................................................................. 63
4.22.2 Requirements for Natural Heritage Features .......................................................... 63
4.23
Non-Conforming and Non-Complying Uses .............................................................. 64
4.24
Occupancy Restrictions .............................................................................................. 65
4.25
Outside Storage, Sales and Display ............................................................................ 65
4.26
Parking and Storage of Vehicles .............................................................................. 66
4.27
Schedule for Parking Requirements ........................................................................... 68
4.28
Parts of Buildings or Structures Permitted Above Height Level ................................ 69
4.29
Permitted Projections .................................................................................................. 70
4.30
Prohibited Uses ........................................................................................................... 72
4.31
Recreational Vehicles ................................................................................................. 73
4.32
Sight Triangles ............................................................................................................ 74
4.33
Signs ........................................................................................................................... 74
4.34
Streets and Parks ......................................................................................................... 74
4.35
Temporary Buildings or Structures During Construction .......................................... 74
4.36
Use by Public Authority or Public Utility .................................................................. 74
4.37
Water and Sewage Disposal Systems ......................................................................... 75
4.38
Wind Turbine and Renewable Energy Undertaking ................................................... 75
4.39
Zones Applying to More than One Property .............................................................. 75
Section 5
ZONES ................................................................................................................... 76
5.1
ZONE CLASSIFICATION ............................................................................................ 76
5.2 ZONES .............................................................................................................................. 76
5.3
INTERPRETATION OF ZONE BOUNDARIES ......................................................... 77
5.4
RURAL - R .................................................................................................................... 78
5.4.1
Permitted Uses ........................................................................................................ 78
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5.4.2
Zone Requirements ................................................................................................. 79
5.4.3
Additional Provisions.............................................................................................. 80
5.4.4
Exception Zones...................................................................................................... 81
5.5
LIMITED SERVICE RURAL - LSR ............................................................................ 85
5.5.1
Permitted Uses ........................................................................................................ 85
5.5.2
Zone Requirements ................................................................................................. 86
5.5.3
Additional Provisions.............................................................................................. 86
5.6
COMMERCIAL/RECREATIONAL - CR .................................................................... 88
5.6.1
Permitted Uses ........................................................................................................ 88
5.6.2
Zone Provisions ...................................................................................................... 89
5.6.3
Additional Provisions.............................................................................................. 89
5.7
GENERAL INDUSTRIAL - M1 ................................................................................... 91
5.7.1
Permitted Uses ........................................................................................................ 91
5.7.2
Zone Requirements ................................................................................................. 91
5.7.3
Additional Provisions.............................................................................................. 92
5.8
MINERAL AGGREGATE RESOURCE - MX............................................................. 93
5.8.1
Permitted Uses ........................................................................................................ 93
5.8.2
Zone Requirements ................................................................................................. 93
5.8.3
Additional Provisions.............................................................................................. 93
5.9
SEWAGE TREATMENT PLANT ................................................................................ 95
5.9.1
Permitted Uses ........................................................................................................ 95
5.9.2
Zone Requirements ................................................................................................. 95
5.9.3
Additional Provisions.............................................................................................. 95
5.10
ENVIRONMENTAL PROTECTION CONSTRAINT AREA- EP .......................... 96
5.10.1 Permitted Uses ........................................................................................................ 96
5.10.2 Zone Requirements ................................................................................................. 96
5.10.3 Additional Provisions.............................................................................................. 96
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* Disclaimer: Photographs, illustrations, diagrams and clip art are inserted to make the document
more user-friendly but are not intended to be a legal component of the Zoning By-law.
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The Corporation of the Municipality of Mattawan
Comprehensive Zoning By-law
Foreword
This Zoning By-law affects all lands within the Municipality of Mattawan. To use this By-law,
locate the subject property on the map schedules provided and determine the zone(s) which affects
the land. Then review the specific regulations relating to the zone(s) in Section 5: Zones. It is also
important to review Section 4: General Provisions and any applicable definitions in Section 3:
Definitions.
Changes to the requirements contained in this By-law may be made with prior approval by the
Municipality as provided for under the Planning Act. Significant changes may be made through
the zoning by-law amendment process. Minor variations may be granted by the Municipal
Committee of Adjustment. Both processes require formal applications to be submitted to the
Municipality and both involve mandatory public notification.
Should you have any questions about the interpretation of the wording of this
by-law or the process involved to obtain relief from its provisions, please
contact the Municipal Office 705-744-5680.
This By-law is an office consolidation of the following by-laws:
By-law 2003-009
July 31, 2003
By-law 2010-007
March 18, 2010
By-Law 2021-014
December 16, 2021
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[Page vi]
Explanatory Note
The purpose of this By-law is to implement the Official Plan of the Municipality of Mattawan
and to regulate the use of land and the character, location and use of buildings and structures in
the Municipality of Mattawan. This By-law applies to all land within the Municipality of
Mattawan.
The By-law is passed by the authority of Section 34 of the Planning Act. The By-law conforms
conform to the Official Plan for the Municipality of Mattawan.
After the date of adoption of this By-law, any new development, redevelopment or alteration to
an existing use or building must comply with the regulations of this By-law before a building
permit can be issued. Applicants are encouraged to pre-consult with the Township on how the
zoning regulations apply.
Changes to the regulations contained in this By-law may be made with prior approval from the
Township as provided for under the Planning Act. Changes may require an amendment to the
Zoning By-law.
Zoning By-law Amendments
The Zoning By-law may be amended where the proposed amendment complies with the
Township's Official Plan (East Nipissing Official Plan). In accordance with the requirements of
Section 34 of the Planning Act, the usual procedure for amendments involves the following
steps:
1.
The person or public body wishing to amend the Zoning By-law must consult with the
municipality before making an application. The application may then be made to the Clerk
of the Corporation of the Municipality of Mattawan to amend the By-law under
(subsection 34(10.0.1) of the Planning Act). Applications are available from the Township
office (947 Highway 533, MATTAWA ON P0H 1V0) or on the Township's email address
[email protected]
2.
Designated staff will determine whether the application is a 'complete' application.
Additional information, reports or studies may be required to support the proposed
amendment before the application is considered complete. Applicants are required to
submit a public consultation strategy as part of the application. Council has 30 days from
the date of application to determine whether the application is complete (s. 34(10.1-
10.3)). A complete application also requires that the Township's application fee is paid.
3.
Once the application is considered complete, staff circulates to the applicant and
prescribed agencies and bodies a Notice of Complete Application (s. 34(10.4)). If
Council deems an application incomplete or does not make a decision within 30 days
from the date of application, the person or public body may appeal to the Ontario Land
Tribunal (OLT) to determine whether the application is complete (s. 34(10.5).
4.
If an application is considered complete, staff advertises that a Public Meeting will be held
in order to consider an amendment to the Zoning By-law. Advertisement is given 20 days
in advance of the public meeting (s. 34(12-13, 14.1)). The advertisement may be placed
in the local newspaper, or may be mailed, faxed or emailed to all property owners within
120 m of the property affected by the application. Where the notice is mailed, the
applicant must also post a notice in a location on the property to be zoned that is visible
from the adjacent street.
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5.
Council holds a Public Meeting and evaluates the appropriateness of the proposed
amendment. Council considers the proposal's conformity with the Official Plan,
adequacy of services, conformity with the provisions of the requested zone, suitability of
the proposed use in the proposed location, public input, etc. The application must also be
consistent with the Provincial Policy Statement and must also comply with the Growth
Plan for Northern Ontario. If the application is considered satisfactory, the amending By-
law is passed by Council.
6.
Within 15 days of the passing of the by-law, the Clerk will give written notice of the
decision of Council through a notice by mail, fax or email to the applicant, to the
Ministry of Municipal Affairs and Housing and to anyone who made a written request to
receive notice of the decision (s. 34(10.9, 18)).
7.
If Council refuses the application and does not amend the zoning by-law, the Clerk must
give written notice with reasons to the applicant. The notice must be given within 15 days
of Council's decision.
8.
Any person who gave their opinion at a public meeting or who submitted their concerns in
writing to the Clerk before the by-law was passed may appeal the decision of Council to
the Ontario Land Tribunal. The appeal must be filed with the clerk within the 20 day
appeal period set out in the notice of the passing of the Zoning By-law amendment (s.
34(19)) and must include a cheque for $300 payable to the Minister of Finance. If a
person does not make an oral or written submission prior to Council passing the by-law,
they may not appeal Council's decision.
9.
If Council refuses to approve the application or Council does not make a decision within
150 days from the date the application the person or public body may appeal to the
Ontario Land Tribunal (s. 34(11)). An appeal of a refusal must be made within 20 days of
the date of the decision or within 20 days of the lapsing of the 150-day period (s. 34(11,
11.0.2)).
10.
Where an appeal is made, Council may opt for mediation or dispute resolution to resolve
the objection by giving notice to the appellant(s) (s. 34 (20.2). Participation by the
appellant(s) is voluntary but where agreed to, the period for mediation is 75 days.
11.
An amendment to the Zoning By-law takes effect on the day the by-law was passed by
Council provided no appeal is filed.
12.
If a decision or lack of a decision is appealed to the Ontario Land Tribunal, the Tribunal
can make any decision the Council of the Township had in regard to the specific
application (s. 34(26)). In other words, the OLT can approve, or refuse the application or
approve the application in part.
How long does a zoning By-law amendment take to be approved?
Upon the receipt of a complete application (including any required supporting studies), a
zoning By-law amendment usually takes 2-3 months to complete. The level of
complexity and issues related to the proposal will affect the time line.
Minor Variances
A minor variance may be granted to the zoning by-law where the size or shape or other
conditions prevent an applicant from meeting the zoning standards provided the criteria can be
met. Criteria for evaluating of Minor Variances are set out in section 45(1) of the Planning Act):
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1.
The general intent and purpose of the Official Plan are maintained;
2.
The general intent and purpose of the Zoning By-law are maintained;
3.
The variance is minor; and
4.
The proposed use of land, building or structure is desirable for appropriate development.
An application for a minor variance must meet all of the above four tests to be approved in
addition to any other criteria that the Township has established. Where a proposed variance is not
minor or cannot satisfy the criteria for a minor variance, an amendment to this Zoning By-law
may be required. Applications for a minor variance are available from the Township office (947
Highway 533, MATTAWA, ON P0P 1V0) or on the Township's website www.mattawan.ca
How long does a minor variance application take to be approved?
Upon the receipt of a complete application a minor variance application usually takes 1-2 months
to complete. The level of complexity and issues related to the proposal will affect the time line.
How to Use this By-law
Step 1 - Locate Your Property and Determine the Zone
Use the zoning schedules (maps) at the end of this document to locate the property you
are interested in. Identify the zone symbol that applies to that property. Zone examples
include R, CR, and M1 etc.
Step 2 - Verify status of any Zoning By-law Amendments
A Zoning by-law is not a static document; it is amended over time as demands and
policies governing land use change. Before proceeding any further, you should verify
that your property is not the subject of an earlier Zoning By-law Amendment. While the
Township strives to keep the By-law up-to-date, more recent amendments may not be
included in the version of the By-law you are using. Township staff will be able to
assist you to confirm if your property has been the subject of a more recent amendment.
Step 3 - Determine What Uses are Permitted in the Zone
Use the Permitted Uses section of the Zone to determine what use(s) is/are permitted in
the Zone. Run your finger down the list to find the use you are interested in. If you find
the use you are interested in, it is permitted in the Zone. Otherwise, it is not permitted in
that Zone.
Step 4 - Determine What Zone Regulations Apply
Once the use is determined to be permitted, move down to the Zone Regulations section.
In this section the regulations will indicate what the minimum regulations will be, i.e.
minimum lot area, lot frontage, building setbacks etc. These standards will help you
determine where you can locate a building or structure on your lot.
Step 5 - Determine if any General Provisions Apply
Development of the property may be affected by Section 4 (General Provisions).
General Provisions can apply to any zone anywhere in the municipality. This section
contains provisions that apply to such matters as Accessory Uses, Height Exceptions,
Home Based Businesses, parking etc. Use this section to determine how a particular
land use might be affected.
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For example, Section 4.25 provides the parking requirements for all uses permitted in
the Township. If you are considering changing the use of your property or adding a new
use to your property, you should review Section 4.25 to ensure that you are aware of the
parking requirements.
Step 6 - Clarify the Meaning of a Use
Throughout the By-law some words are shown in black italicized script. These words
are defined in Section 3 (Definitions). If you are unsure as to what a particular word
means or what the scope of a permitted use includes, then refer to the alphabetical list of
definitions to assist you. This section also contains illustrations which are intended to
help with understanding the definition.
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Municipality of Mattawan Zoning By-law
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Section 1
ADMINISTRATION
1.1
Title
This By-law shall be known as the Zoning By-law or By-law No.2003-009 of the
Corporation of the Municipality of Mattawan.
1.2
Applications and Plans
In addition to the requirements of any Building By-law, every application for a building
permit shall be accompanied by a plan, drawn to scale and showing the following:
1.
The true dimensions and/or legal description of the lot to be built upon or otherwise
used;
2.
The proposed location, height and dimensions of any building, structure or use
proposed for such lot;
3.
The proposed location, height and dimensions of yards, landscaping, parking areas
and loading spaces required by this By-law;
4.
The location of all existing buildings or structures on the lot, including the lot area,
lot coverage of existing and proposed structures; and
5.
A statement, signed by the owner disclosing the exact use of all existing and
proposed uses of land, buildings or structures and such other information as may
be required to determine whether the uses conform with the requirements of this
by-law.
1.3
Defined Area
The provisions of this By-law shall apply to all lands within the municipal boundaries of
the Corporation of the Municipality of Mattawan.
1.4 Enforcement
This By-law shall be administered by the Chief Building Official or such other person as
may from time to time be designated by Council, and no permit for the use of land or for
the erection or use of any building or structure or approval of application for any
Explanatory Note
Section 1 identifies the administrative controls and requirements of the By-law. It names
the By-law, states its relationship with other By-laws, defines the area to which it applies,
how it is to be enforced, etc. In essence, it identifies the legal parameters within which
the By-law functions.
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municipal license within the jurisdiction of the Council shall be issued or given where the
proposed building, structure or use would be a violation of any provision of this By-law.
1.5
Inspection of Land, Buildings and Structures
1.
Subject to Sections 49 and 49.1 of the Planning Act, 1990, the Chief Building
Official or other such person as may from time-to-time be designated by Council
or any person acting under his or her instructions, and upon producing proper
identification, is hereby authorized to enter, at all reasonable times, upon any
property or premises for the purpose of inspecting a property of which he or she
believes a contravention of this By-law is occurring;
2.
Notwithstanding any provisions of Section 1.5 (a) hereof to the contrary, no officer
or employee of the Corporation shall enter any room or place actually being used
as a dwelling unit without obtaining the consent of the occupier, first having
informed the occupier that the right of entry may be refused, except under the
authority of a search warrant issued under Section 158 of the Provincial Offenses
Act; and
3.
No person shall obstruct or attempt to obstruct an officer or person acting under
the officer's instructions in the exercise of a power authorized under the Planning
Act.
1.6
Penalty
1.
Every person who violates any of the provisions of this By-law is guilty of an
offense and upon conviction thereof shall forfeit and pay a penalty not exceeding
Twenty-Five Thousand Dollars ($25,000.00), on a first conviction, add Ten
Thousand Dollars ($10,000.00) on a subsequent conviction for each day or part
thereof upon which the contravention has continued after the day of the first
conviction;
2.
Where a corporation is convicted under subsection (a), the maximum penalty that
may be imposed is Fifty Thousand Dollars ($50,000.00) on a first conviction and
Twenty Five Thousand Dollars ($25,000.00) on a subsequent conviction for each
day or part thereof upon which the contravention has continued after the day of the
first conviction; and
3.
In the case where any building or structure is erected or altered, or any part thereof
is used, or any lot is used, in contravention of any of the requirements of this By-
law, such contravention may be restrained by action at the instance of any ratepayer
or of the Corporation pursuant to the provisions of the Municipal Act or the
Planning Act in that behalf.
1.7
Repeal and Relationship to Former By-laws
Insofar as it applies to the lands affected by this By-law, any By-laws passed under Section
34 of the Planning Act, 1990, or its predecessor, are hereby repealed.
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The adoption of this By-law shall not prevent any pending or future prosecution of, or
action to abate any existing violation of the said By-laws if the violation is also a violation
of any of the provisions of this By-law.
1.8
Validity
Should any Section or part of a Section of this By-law or Schedule hereto be declared by a
court of competent jurisdiction to be invalid, the same shall not affect the provisions of this
By-law as a whole or any part thereof other than the part declared to be invalid.
1.9
Other By-laws, Licenses, Permits and Regulations
Nothing in this By-law shall exempt any person from complying with the requirements of
any other By-law in force within the area affected by this By-law, or from applying for and
obtaining any permit, license, permission, authority or approval required by this or any
other By-law or regulation of the Corporation or by any other law in force from time to
time.
1.10 Conflict
In the event of conflict between this By-law and amendments thereto, and any general or
special By-law, the most restrictive By-law shall prevail.
1.11 Interpretation
1.
Legislation Act
The Legislation Act, R.S.O. 2006 applies to this By-law.
2.
Definitions
Definitions are given in this By-law to aid in the understanding and implementation
of the true spirit, intent and meaning of the By-law. They are not to be used to avoid
an obligation imposed by the By-law or any requirement enacted in a substantive
provision of the By-law;
3.
Citation
This By-law may be cited by its long title ("A By-law to regulate the Use of Land,
Buildings and Structures within the Municipality of Mattawan"), its short title
("Municipality of Mattawan Zoning By-law") or its by-law number, and any such
citation is to be taken as meaning the By-law as amended;
4.
Gender Neutrality
This By-law is gender neutral and, accordingly, any reference to one gender
includes the other;
5.
Plural and Singular
In this By-law, words in the singular include the plural, and words in the plural
include the singular;
6.
References
Appendices, footnotes, glossaries, headings, indices, marginal notes and references
to former enactments or enabling legislation after a section or other division of the
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By-law, do not form part of the By-law and are inserted for convenience of
reference only; and
7.
Measurement Units
This By-law utilizes the metric system to establish measurements when such
measurements form part of a regulation or a requirement.
1.12 Effective Date
This By-law, as amended, shall take effect from the date of its passage by Council,
subject to the provisions of the Planning Act.
1.13 Technical Revisions to the Zoning By-law
Revisions may be made to this by-law without the need for a zoning by-law amendment
in the following cases:
1.
Correction of grammar or typographical errors or revisions to format in a manner
that does not change the intent of the By-law.
2.
Adding or revising technical information on the zoning maps or schedules that
does not affect the zoning of lands including, but not limited to, matters such as
updated and correcting infrastructure information, keys, legends or title blocks.
3.
Changes to appendices, headings indices, marginal notes, table of contents,
illustrations, historical or reference information, page numbering, footers or
headers, which do not form part of this By-law and are editorially inserted for
convenience or reference only.
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Section 2 CONFORMITY REQUIREMENTS
2.1
Compliance
No land, building or structure shall be used and no building or structure shall be erected
or enlarged, altered or placed for any purpose within the area defined by this By-law,
except as specifically, or by necessary implication, authorized by this By-law and in
conformity with all the applicable provisions of this By-law.
2.2
Compliance of Severances
Subject to the granting of such minor variances as may be approved, no lands shall be
severed from any existing lot if the effect of an approval for severance is to cause the
original, adjoining, remaining or new building, structure, lot or use of land to be in
contravention of any provision of this By-law.
2.3
Application to Building
Where a use does not take place within a building, but a regulation in this By-law
imposes a requirement premised on the use being in a building, the requirement applies,
with necessary modifications, as though the actual area occupied by the use was in a
building.
2.4
Committee of Adjustment and Minor Variances
Pursuant to the provisions of Sections 44 and 45 of the Planning Act, a duly appointed
Committee of Adjustment is authorized to grant relief to any of the provisions of this By-
Law, by way of granting a minor variance or by giving a permission for the enlargement
or extension of a non-conforming use or to permit a change of use of a non-conforming
use to a similar or more compatible use. In addition to the criteria set out in Section 43
(1) of the Planning Act, the following additional criteria shall apply to the review of
applications for a minor variance for a shoreline property:
1. Development must generally conform to policies and zoning regulations for a
shoreline vegetation buffer.
Explanatory Note
This short section establishes the authority of the By-law. It requires that all land
uses, buildings and structures must comply with this Zoning By-law.
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Explanatory Note
The Committee of Adjustment, as appointed by Council, is duly authorized under
Section 45 of the Planning Act, upon the application of the owner of any land,
building or structure affected by this by-law, to grant a minor variance from the
provisions of this by-law as in its opinion is desirable for the appropriate use of
the land, building or structure if the general intent of the Zoning By-Law and
Official Plan are maintained. Minor variances may, for example, be granted to the
lot area, lot frontage, setbacks, height of buildings, parking provisions or any
other standard set out in this By-Law. Minor generally means a variation that is
less than a 25% difference to a zoning standard and does not include a change in
any of the permitted uses in a zone.
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Section 3 DEFINITIONS
Abattoir
Means a building specifically designed to accommodate the penning and slaughtering of live
animals and the preliminary processing of animal carcasses and may include the packing,
treating, refrigeration and sale of the product on the premise.
Accessory
When used to describe a use, building or structure, means a use, building or structure naturally
or normally incidental, subordinate and exclusively devoted to a main use, building or structure
and located on the same lot therewith (see illustration).
Explanatory Note
For the purpose of this By-law, the definitions and interpretations given in
this Section shall govern. In this By-law, the word "shall" is mandatory and
not directory; words in the singular include the plural, words in the plural
include the singular; the word "used" includes "arranged", "designed" or
"intended to be used". The word "occupied" shall include "designed to be
occupied" and "arranged to be occupied".
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Adventure Game
Means an outdoor sport or recreation operated commercially in which participants attempt to
capture a flag or some other object and return it to their home base, and may carry one or more of
the following equipment: paint pellet pistols with a CO2 cartridge, paint pellets, safety goggles to
prevent pellets from striking participants' eyes, and armbands to identify team participants.
Aggregate
Means gravel, sand, clay, earth, shale, limestone, dolostone, sandstone, marble, granite, rock other
than metallic ores, asbestos, graphite, kyanite, mica, nepheline syenite, salt, talc, wollastonite,
mine tailings or other material prescribed under the Mining Act.
Agricultural Use
Shall mean the use of land, building(s) or structure(s) for:
(a)
The growing of crops, including all related activities such as soil preparation, manure or
material storage and application, planting, spraying, grain drying, irrigating, harvesting
and also including the storage and sale of the crops;
(b)
Animal husbandry including the raising, boarding, and keeping of all forms of livestock
and fish, and all related activities such as breeding, training, feeding, manure or material
storage and grazing;
(c)
The production of animal products such as milk, eggs, wool, fur, or honey, including
related activities such as the collection, storage and sale of the products; and
(d)
The use and storage of all forms of equipment or machinery needed to accomplish the
foregoing activities.
Agricultural use shall not be construed to include commercial activities related to agriculture such
as abattoirs, tanneries and retail sales outlets, or manufacturing and processing activities involving
farm crops or animal products such as cheese factories, grain mills or retail seed sales.
Airfield
Means any land, lot or buildings used for the purpose of landing, storing, taxiing or taking off of
private or commercial aircraft pursuant to the regulations of the appropriate authority.
Aisle
Means the travelled way by which motor vehicles enter and depart parking spaces (see
illustration).
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Alter
(a)
When used in reference to a building, structure or part thereof, means:
i)
To change any one or more of the external dimensions of such building or
structure; or
ii)
To change the type of construction of the exterior walls or roof of such building
or structures; or
iii)
To change the use of such building or structure or the number or types of uses or
dwelling units contained therein.
(b)
When used in reference to a lot means:
To change the boundary of such lot with respect to a street or lane; or
To change any dimension or area, relating to such lot; or
To change the use of such lot or the number of uses located thereon.
(c)
When used in reference to a shoreline
i)
Means to change, straighten, divert or interfere in any way with the channel of
any watercourse.
Ambulance Facility
Means a building or part of a building where professional paramedics are stationed and their
vehicles and equipment are kept.
Animal Day Care Establishment
Means a commercial premise used for a day care service for domestic pets, but shall not include
an animal shelter or kennel.
Animal Shelter
Means a building, structure where animals, birds or other livestock are examined or treated and
which may be kept on a short-term basis, and may include the premises of a veterinarian or
veterinary surgeon.
Antique Store
Means a retail store selling any old and authentic objects of personal property which were made,
fabricated or manufactured sixty or more years earlier and which have a unique appeal and
enhanced value mainly because of its age, and, in addition, may include the sale of any article of
personal property which was made, fabricated or manufactured twenty or more years earlier and
because of public demand had attained a value in a recognized commercial market which is in
excess of its original value.
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Attached
Means a building or structure otherwise complete in itself which is connected to, and which
depends for structural support upon a division wall or walls shared in common with an adjacent
building or buildings.
Auto Body Shop
Means a building with a service bay, where painting, refinishing, restoration or repairs to the coach
works of motor vehicles are performed for gain or profit and may include the exterior storage of
damaged vehicles [see 4.24 (f)].
Auto Repair Garage
Means a building used for the storage repair and servicing of motor vehicles, having at least one
(1) service bay where repairs essential to the actual operation of a motor vehicle are performed.
Auto Service Station
Means a place for supplying fuel, oil and minor accessories for motor vehicles at retail, direct to
the consumer and having at least one (1) service bay where repairs to the actual operation of motor
vehicles may be performed. If more than two (2) motor vehicles are kept on the premises for the
purpose of selling such vehicles, then such establishment shall also be classified as an automotive
sales establishment.
Automotive Sales Establishment
Means a building and/or lot used principally for the display and sale of new and/or used motor
vehicles and may include the servicing, repair, cleaning, body repair and repainting of motor
vehicles, the sale of automotive accessories and related products and the leasing or renting of motor
vehicles, but shall not include any other defined automotive uses.
Barrier Free
Means that which can be approached, entered and used by persons with physical or sensory
disabilities.
Basement
Means a storey or storeys of a building located below the first storey. The first storey is the
storey with its floor closest to grade and having its ceiling more than 1.8 m [5 ft. 11 in] above
grade (see illustration).
Batch Plant, Asphalt or Concrete
Means an industrial facility used for the production of asphalt or concrete products, used in
building or construction and includes facilities for the administration or management of the
business, the stockpiling of bulk materials used in the production process of finished products
manufactured on the premises and the storage and maintenance of required equipment.
Bed and Breakfast Establishment
Means a private single detached dwelling in which guest rooms are provided for hire or pay as
temporary accommodation on a daily basis with a breakfast service for the travelling or vacationing
public as an accessory use and where the proprietor lives on the premises.
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Boat House
Means a building or structure or part thereof not over 4.8 m [15.7 ft.] in height, used for the storage
of private boats and equipment accessory for their use, as an accessory use to a residential use, no
part of which shall be used for any residential or commercial purpose. Despite anything in the
foregoing to the contrary, rooftop decks or patios and screened enclosures (i.e. gazebos) shall be
allowed provided that the total aggregate height of all boat house structures does not exceed the
maximum height limit by more than 1.2 m [4.0 ft.].
Boat Launch
Means a use of land adjacent to a water body that is used to launch and remove boats, marine
vessels and watercraft.
Boat Slip
Means a single mooring space for a boat, marine vessel or watercraft forming part of a dock,
boat house or other mooring facility.
Brewery or Winery
Means a building used primarily for the manufacturing, processing and distribution of beer, cider
and wine and may include an accessory retail outlet.
Building
Means any structure used or intended for sheltering any use or occupancy. The word "building"
shall include the whole of such structure or part thereof.
Building Height
Means the vertical distance between the average established grade at the base of the building and
in the case of a flat roof, the highest point of the roof surface or parapet wall, whichever is the
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highest, or in the case of all other types of roofs, the mean height level between the base of the
roof and highest point of the roof (see illustrations).
Illustration of Building Height
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Building, Main
Means a building in which is conducted the principle uses of the lot on which it is situated (see
illustration).
Building, Mixed Use
Means a building containing more than one land use (e.g., retail commercial and residential,
office and residential, industrial and retail) that is designed and constructed as a single building.
Building Supply Store
Means a building where building supplies such as lumber, millwork, siding, roofing, plumbing,
electrical, heating, air conditioning, home improvement and similar goods are stored, displayed,
or kept for retail sale. This definition shall not include a lumber yard or a salvage yard.
Camp (Hunt Camp, Fishing Camp)
Means a building or structure intended to provide basic shelter and accommodation on a
temporary basis (i.e., weekend, vacation) for persons engaged in such activities as hunting, fishing,
snowmobiling, hiking or other similar forms of recreation.
Camp, logging
Means an area of land including buildings and structures specifically designed as non-permanent
living quarters for persons employed in the removal, cutting, debarking or harvesting of timber for
commercial purposes or ancillary services and may include a dormitory, lodging or sleeping
facilities, sanitary and eating facilities and accessory uses directly related to meeting the needs of
occupants including but not limited to a laundromat, recreational facilities, concession selling
personal effects and food stuffs and parking.
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Camp, Temporary Work
Means an area of land including buildings and structures constructed on a temporary basis during
the construction or decommissioning of a major building, logging operation, industrial complex,
hydroelectric project or other large scale construction project and such camp may include a field
office, storage area, storage buildings, living quarters including sanitary and eating facilities
provided that such a camp is removed once the facility is was designed to serve is completed.
Campground - Private
Means an area of land providing short term accommodation for tents, trailers, recreation vehicles
or campers where no fee is charged or paid for such accommodation.
Campground - Recreational
Means an area of land containing sleeping accommodations and facilities for three or more
campsites which are used to provide short term accommodation for persons engaged in passive
or active recreation or leisure, which without limiting the generality of the foregoing, shall
include, but shall not be limited to the following: children's camp or establishment, religious
camp, institutional camp, or other like or similar camp or establishment, but shall not include a
tourist establishment.
Campground - Tourist
Means an area of land providing short term accommodation for three or more tents, tent trailers,
recreational vehicles or campers and may include accessory uses such as a Laundromat,
convenience store, sale of propane fuels and recreational uses for persons using the campground
where a fee is charged or paid for such accommodation.
Cannabis
Means a cannabis plant, including the phytocannabinoids produced by or found in such a
plant regardless of whether that part has been processed or not and any substance or
mixture of substances that contains or has on it and part of such a plant and any substance
that is identical to a phytocannabinoid produced by or found in such a plant regardless of
how the substance was obtained.
Cannabis Retail Store or Dispensary
Means any use of land, building, structure or part thereof used for the retail sale of
cannabis or any product or substance produced in whole or part from cannabis, and shall be
deemed to include a licensed Ontario Cannabis Retailer under the Ontario Cannabis Retail
Corporation Act, 2017.
Car Port
Means a structure open on at least two sides and intended to be used for the sheltering of one or
more motor vehicles (see illustration).
Car Washing Establishment
Means a building or portion thereof used for washing or cleaning of motor vehicles for gain, and
may include the sale of gas and oil to its customers.
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Catering Establishment
Means a commercial establishment in which food and beverages are prepared for consumption
off the premises and are not served to customers on the premises or to take out.
Cemetery
Means a cemetery within the meaning and as regulated by the Funeral, Burial and Cremation
Services Act, 2002 and includes a mausoleum, columbarium or other building or structure
intended for the interment of human remains.
Cemetery - Pet
Means a use of land for the internment of animal remains of a domestic pet.
Chief Building Official
Means an officer or employee of the Corporation of the Municipality of Mattawan charged with
the duty of enforcing the provisions of the Building Code Act.
Clinic
Means a building used solely for the purpose of consultations, diagnosis and treatment of patients,
by two (2) or more legally qualified physicians, dentists, optometrists, chiropodists, chiropractors
or drugless practitioners, together with their qualified assistants and without limiting the generality
of the foregoing, the building may include administrative offices, waiting rooms, laboratories,
pharmacies or dispensaries directly associated with the clinic, but shall not include accommodation
for in-patient care or operating rooms for major surgery.
Commercial Fishing or Hunting Camp
Means buildings or premises or a structure intended to provide basic accommodation on an
occasional basis for hunting and/or fishing purposes including a fish farm for angling and which
buildings are constructed in accordance with the Building Code standards for cottages.
Commercial Greenhouse
Means a building used for the growing of flowers, vegetables, shrubs, trees, and similar vegetation
for wholesale or retail
sale. This definition
shall not include any
premises
for
the
growing
of
mushrooms
or
cannabis.
Commercial
Vehicle
Means a motor vehicle
having
permanently
attached
thereto
a
truck or delivery body
and
includes
ambulances, hearses,
fire apparatus, police
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patrols, motor buses and tractors used for hauling purposes on the highway.
Communications Facility
Means an installation which transmits, receives and/or relays communications such as a
microwave relay tower, significant antenna, telephone, cellular telephone tower, radio or
television broadcast tower or similar facility.
Community Centre
Means any parcel of land or building(s) used for community activities whether used for
commercial purposes or not, and the control of which is vested in the municipality, a local board
or agent thereof.
Condominium
Means a building or land or part thereof which is held in separate private ownership and to which
or in which common elements are owned by the tenants in common (e.g., recreation facilities,
open space, outdoor areas etc.) and which is administered and maintained by a corporation
pursuant to the provisions of the Condominium Act. Such use may be for a residential, commercial
or industrial use.
Conservation Authority
Means the North Bay-Mattawa Conservation Authority.
Conservation Use
Means the use of lands which are intended to remain open in character with the priority use given
to preservation of their ecological uniqueness, wildlife production and their natural features and
may include non-commercial recreational uses only if conservation of the resource is not
jeopardized.
Construction Yard or Contractor's Yard
Means the yard of a building contractor or company used as a depot for the storage and
maintenance of equipment used by the contractor or company, and may include facilities for the
administration or management of the business and the stockpiling or storage of supplies used in
the business, but does not include the crushing of virgin or recyclable aggregates or materials and
the wholesale or retail sale of building supplies or home improvement supplies.
Continuum-of-Care Facility
Means a facility which may include a senior citizens apartment building, a nursing home, a long-
term care facility, home for the aged and facilities associated with, and designed specifically to
serve, the senior citizens apartment building, nursing home, long-term care facility, home for the
aged, such as hospitals, clinics, recreation centres, cafeterias and personal service establishments
and may also include independent senior's accommodation in separate structures/living units that
share in services, such as meals, medical care services, or recreation that are provided by the
facility.
Convenience Store
Means a building or part of a building used primarily for the sale of grocery and confectionary
items and incidentally for the sale of such other merchandise as is required to fulfil the day-to-day
needs of the surrounding community.
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Corporation
Means the Corporation of the Municipality of Mattawan.
Council
Means the Council of the Corporation of the Municipality of Mattawan.
Crisis Care Facility
Means a residential facility that is licensed and funded by the Province of Ontario, Government
of Canada or an appointed agency, for the short term, temporary care of persons requiring
immediate emergency shelter and aid who are living under supervision in a single housekeeping
unit and who by reason of their emotional, mental, social or physical condition or legal status,
require a group living arrangement for their wellbeing.
Day Nursery - Licensed
Means an establishment for pre-school-aged children governed by the Child Care and Early
Years Act.
Day Care - Private Home
Means the use of a dwelling unit operated commercially for the temporary care of children.
Deck
Means a structure abutting a dwelling or building with no roof or walls except for visual partitions
and railings which is constructed on piers or a foundation above-grade for use as an outdoor living
area.
Detached
When used in reference to a building, means
a building which is not dependent on any
other building for structural support or
enclosure.
Development
Means the creation of a new lot, a change in
land use, or the construction of buildings and
structures requiring approval under the
Planning Act and shall be taken to include
redevelopment,
but
does
not
include
activities
that
create
or
maintain
infrastructure
authorized
under
an
environmental assessment process, works
subject to the Drainage Act, or underground
or surface mining of minerals or advanced
exploration on mining lands (Provincial
Policy Statement).
Dock
Means an accessory structure used for the
mooring of marine vessels which is designed
to float freely (floating dock) on the surface
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of the water body or which is secured to the shoreline (permanent or cantilever dock) and/or the
bottom of the water body by concrete, metal or wood pillars or such other foundation, the design
of which facilitates the construction of a more or less permanent structure either of which may be
secured to the shoreline (see illustration).
Drive-Through Facility
Means a premise used to provide or dispense products or services through an attendant or a
window or an automated machine, to persons remaining in motor vehicles that are in a
designated stacking space, and may be in combination with other land uses. Kiosks within a
parking structure necessary for the operation of the parking facility or kiosks associated with a
surface parking area are not considered drive through facilities.
Driveway
Means a vehicular access connected to only one public street or thoroughfare, which provides
ingress to and/or egress from a lot, but shall not include a lane as defined herein.
Dwelling
Means a building or part of a building occupied or capable of being occupied as the home or
residence, or sleeping place, by one or more persons, where food preparation and sanitary
facilities are provided, but shall not include a hotel or motel.
Dwelling - Apartment
Means a building containing four (4) or more dwelling units.
Dwelling Unit
Means a building occupied or capable of being occupied as the home or residence of one or more
persons, where food preparation and sanitary facilities are provided, but shall not include a
boarding house, hotel, motel, rental cottage or cabin or similar commercial use of a private or semi-
private institution. A recreational vehicle shall not constitute a dwelling unit.
Dwelling - Accessory
Means a dwelling which is incidental, subordinate and exclusively devoted to a main use and is
located on the same lot therewith.
Dwelling - Additional Residential Unit
Means an additional dwelling unit within a permitted single detached dwelling, semi-detached
dwelling, or row house that does not otherwise contain an ancillary residential unit, and includes
a dwelling unit in a detached building or structure ancillary to a detached house, semi-detached
house or row house or up to three dwelling units in total (see illustrations).
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Dwelling, Apartment-in-a-House (Granny Suite)
Means an ancillary dwelling unit in a single detached dwelling that may have an internal shared
entrance or an independent entrance and does not exceed 49% of the net floor area of the main
floor
of
a
single
detached dwelling up to
a maximum of 75 m2
[807.3 ft.2].
Dwelling -
Converted
Means
a
dwelling
altered to contain a
greater
number
of
dwelling units, with
each
self-contained
dwelling unit having a
floor space of not less
than 55m2 [592.0 ft.2].
This
definition
may
include an apartment in
a house.
Dwelling - Duplex
Means
a
building
divided
horizontally
into two (2) dwelling
units.
Additional
Residential
unit
Additional Residential Unit -
Accessory Structure
Additional Residential Unit
incorporated through an
addition above an attached
garage
Side Yard Addition to
accommodate Additional
residential unit
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Dwelling, Mobile Home - See Mobile Home Unit
Dwelling, Park Model Trailer
Means a manufactured building designed and constructed in conformance with CAN/CSA-Z241
Series "Park Model Trailer", as set out in the Building Code, and is used or intended to be used as
a seasonal recreational building of residential occupancy
Dwelling - Seasonal
Means a dwelling constructed as a secondary place of residence and is not the principal place of
residence of the owner or occupier thereof. A seasonal dwelling shall include a Park Model
Trailer Dwelling.
Dwelling - Semi-detached
Means a building on a single foundation divided vertically into two (2) separate dwelling units by
a common wall (see illustrations).
Dwelling - Single-detached
Means a detached building containing one (1) dwelling unit,
and shall include a modular home (see illustrations).
Dwelling - Tiny House or Small House
Means a dwelling having a gross floor area of not less than
27.8 m2 [300 ft.2] and not more than 41.8 m2 [450 ft.2] and is
erected on a foundation (see photo).
Dwelling - Triplex
Means a building or structure on a single foundation divided
horizontally into three separate single dwelling units, each of
which has an independent entrance either directly from the
outside or through a common vestibule (see illustrations).
Dwelling Unit - Accessory
Means a dwelling unit within a non-residential building.
Easement
Means the legal right acquired by contract to pass over, along, upon or under the lands of another.
Entrance
Means in reference to a lot, the area of intersection between a driveway and a street line.
Equestrian Establishment
Means an establishment engaged in the operation of a horse riding academy or horse riding
stables.
Equipment Rental Establishment
Means a building or part of a building wherein the primary use is the rental of machinery,
equipment, furniture and fixtures and other goods.
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Equipment Sales, Service and Repair Establishment - Industrial
Means a building or part of a building where any industrial equipment or vehicle, including
commercial vehicles, and/or trailers may be sold, serviced, washed or repaired and may
include an auto body shop.
Illustration of Dwelling Types
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Erect
Means to build, construct, reconstruct, alter or relocate and without limiting the generality of the
foregoing shall be taken to include any preliminary physical operation such as excavating, grading,
piling, cribbing, filling or draining, structurally altering any existing building or structure by an
addition, deletion, enlargement or extension.
Established Grade
Means the average elevation of the finished level of the ground adjoining all of the walls of the
building exclusive of any artificial embankments or berms (see illustration).
Existing
Means existing as of the date of the passing of this By-law.
Farm
Means land used for the tillage of soil and the growing of vegetables, fruits, grains, and other
staple crops. This definition shall also apply to land used for animal husbandry, dairying or
wood lots [see also Agricultural Use].
Farm - Hobby
Means land on which a farm may be operated primarily for recreational purposes or for home
consumption by the occupants of the dwelling on the same lot, and which is clearly secondary
and accessory to the permitted use. A hobby farm may also include a farm produce outlet.
Farm Produce Outlet
Means a use accessory to a farm which consists of the retail sale of agricultural products produced
on the farm where such outlet is located.
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Farm Vacation Establishment
Means an accessory use in a private single detached dwelling in which guest rooms are provided
for gain as temporary accommodation on a daily basis for the vacationing public interested in
learning or participating in the operation of a farm.
Farmer's Market
Means an establishment or premises where the farm products of a local farming community are
sold at retail from covered or uncovered areas designed for individual retailers.
Fence
Means any barrier or structure constructed of chain link metal, wood, stone, metal, brick or other
similar materials or combinations of such materials which is erected for the purpose of screening,
safeguarding, retaining or enclosing property or delineating property lines.
Fish Habitat
Means the spawning grounds and nursery, rearing, food supply, and migration areas which fish
depend directly or indirectly in order to carry out their life processes.
Fitness Centre
Means a commercial building or part of a building in which facilities are provided for
recreational or health related activities including but not limited to weight training and exercise
classes and may include associated facilities and services such as a lounge, washrooms, showers,
and saunas, a day spa, an administrative office, a cafeteria and an accessory retail outlet for
fitness-related attire, equipment and dietary supplements.
Flea Market
Means a street market composed of a series of individual retailer's booths or tables where sundry,
new or second-hand articles, fresh produce or preserves are offered for sale.
Floodline
Means a line established by a one in one hundred year storm which is determined by the flood
plain mapping of the appropriate Conservation Authority.
Flooding Hazards
Means the inundation of areas to a shoreline or a river or stream system and not ordinarily covered
by water and is described as the one hundred year flood or major storm such as the Timmins Storm
(1961) transposed over a specific watershed (see illustration).
Flood Plain
Means the area, usually low lands, adjoining a watercourse which has been, or may be subject to
flooding hazards.
Flood Proofing
Means a combination of structural changes and/or adjustments incorporated into the basic design
and/or construction or alteration of individual buildings, structures or properties subject to
flooding so as to reduce or eliminate flood damages.
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Floor Area - Gross
Means the total area of each floor measured between the exterior faces of the exterior walls of the
building and where there are no walls the total area of a floor within the outer perimeter of the
floor (see illustration).
Floor Area - Net
Means usable or habitable space above or below grade, measured from the exterior face of the
exterior walls of the building or structure but shall not include:
(a)
Any private garage, porch, veranda, and unfinished basement, cellar or attic;
(b)
Any part of the building or structure below grade which is used for building services,
storage or laundry facilities; and
(c)
Any part of the
building
or
structure used
for the storage
or parking of
motor
vehicles.
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Forestry Use
Means the general raising, management and harvesting of wood and shall include the raising and
cutting of fuel wood, pulpwood, lumber, Christmas trees, other forestry products and silviculture
practices.
Fuel Depot
Means land, building or structures used for the bulk storage, distribution and sale of gasoline,
propane, heating oil or motor oil.
Funeral Parlour
Means a building or part of a building wherein undertaking services are offered and may include
subsidiary activities such as the sale of caskets and funeral accessories provided such activities are
clearly secondary and incidental to the main undertaking service.
Garage - Municipal
Means a building which is used for the storage or servicing or minor repairs of equipment essential
to the actual operation of motor vehicles owned and maintained by the Municipality of Mattawan
and any Ministry or department of the Government of Ontario or Canada.
Garage - Private
Means an accessory building or portion of a main building including a carport which is designed
or used for parking or storage of motor vehicles of the occupants of the premises and in which
there are no facilities for repairing or servicing of such vehicles for remuneration or commercial
use.
Garden Centre
Means an outdoor area primarily used for the retail of gardening equipment, products and planting
materials.
Garden Suite
Shall mean a one-unit detached residential building containing bathroom and kitchen facilities
that is accessory to an existing permanent residential structure and that is designed to be portable,
but does not include a recreational vehicle. A mobile home or modular home may be installed
and used as a garden suite.
Gasoline Bar
Means one or more pump islands, each consisting of one or more gasoline pumps, and an
accessory building or structure used for transacting sales and may include the sale of automotive
accessories and related products, tobacco, snacks and beverages, lottery tickets, newspapers and
may include other accessory features such as a comfort station, ATM and propane exchange
facility.
Gasoline Card Lock Facility
Means one or more pump islands designed for the retail sale of gasoline or diesel fuel using pumps
which are operated automatically by credit or debit cards.
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Gazebo
Means a freestanding, roofed accessory structure which is not enclosed, except for screening or
glass and which is utilized for the purposes of relaxation, normally in conjunction with a residential
dwelling but shall not include any other use or activity otherwise defined or classified in this By-
law.
Geothermal Power Facility
Means a heating facility such as a heat pump whose energy source is naturally created from the
earth's crust.
Golf Course
Means a public or private area operated for the purpose of playing golf and includes a par 3 golf
course, driving range, putting green, club house but does not include a miniature course and similar
use operated for commercial purposes.
Green Energy Industries
Means a building or structure in which products are manufactured for the generation of
electricity from non-polluting or renewable source (i.e. wind, sun, geothermal, biomass).
Products manufactured by a renewable energy industry may include but are not limited to solar
panels, wind turbines, geothermal equipment, and parts or components thereof.
Group Home
Means a single housekeeping unit in a residential dwelling, which is registered with the
Municipality, in which persons (excluding supervisory or operating staff) live together under
responsible supervision consistent with the requirements of its residents for a group living
arrangement and which is licensed and/or approved under Provincial Statutes and in compliance
with municipal by-laws.
Guest Room
Means a bedroom or suite of rooms, which contains no facilities for cooking and which is used
or maintained for gain or hire by providing accommodation.
Habitable Room
Means a room in a dwelling used or intended to be used primarily for human occupancy.
Hazardous Lands
Means property or lands that could be unsafe for development due to naturally occurring process
including lands in a flood plain or subject to a flooding hazard or erosion hazard and shall
include unstable soils and unstable bedrock.
Hazardous Substances
Means substances which individually, or in combination with other substances are normally
considered to pose a danger to public health, safety and the environment. These substances
generally include a wide variety of materials that are toxic, ignitable, corrosive, reactive,
radioactive or pathological.
Municipality of Mattawan Zoning By-law
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[Page 21]
Helipad
Means a landing area or pad used for the landing and take-off of helicopters as further governed
under the Canadian Aviation Regulation 325 under the Aeronautics Act.
Heliport
Means a landing area or pad used for the landing and take-off of helicopters and shall include all
necessary and incidental structures, service facilities, fuelling facilities, passenger and cargo
facilities and as further set out under the Canadian Aviation Regulation 325 under the
Aeronautics Act.
High Water Mark
Means the mark made by the action of water under natural conditions on the shore or bank of a
body of water, which action has been so common and usual and so long continued that it has
created a difference between the character of the vegetation or soil on one side of the mark and
the character of the vegetation or soil on the other side of the mark. Features will also include a
natural line or mark impressed on the bank or shore or rock, or other distinctive physical
characteristics.
Home Based Business
Means any privately operated legal occupation, enterprise or business which is carried out as a
use clearly accessory or secondary to the main agricultural or residential use of a property and
which is compatible with the character of surrounding residential buildings or setting and is
owned and operated only by a person or persons residing on the property.
Industrial Use
Means the use of land, building or structures for the purpose of manufacturing, assembling,
making, preparing, inspecting, ornamenting, finishing, treating, altering, repairing, warehousing,
or storage or adapting for sale of any goods, substances, article or thing, or any part thereof and
the storage of building and construction equipment and materials as distinguished from the buying
and selling of commodities and the supplying of personal services.
Class I Industry - Light Industrial Uses
Means a place of business for a small scale, self-contained plant or building which produces,
manufactures, assembles or stores a product which is contained in a package and has a low
probability of fugitive emissions (e.g., noise, odour, dust and vibration). Such industries operate
in the daytime only with infrequent movement of products and /or heavy trucks and no outside
storage. Examples include: electronics manufacturing and repair, high technology industries,
furniture repair and refinishing, beverage bottling, package and crafting services, small scale
assembly, auto parts supply.
Class II Industry - Medium Industrial Uses
Means a place of business for medium scale process and manufacturing with outdoor storage of
wastes or materials (e.g., it has an open process) and where there are periodic or occasional outputs
of fugitive emissions (e.g., noise, odour, dust and/or vibration). Shift operations occur and there is
frequent movement of products and /or heavy trucks during daytime hours. Examples include dry
cleaning services, printing establishments, paint spray booths, welding shops, courier and transport
services, heavy vehicle repairs, bulk fuel storage, raw product storage (e.g., aggregates,
logs/lumber), warehousing, contractor's yard.
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[Page 22]
Class III - Heavy Industrial Uses
Means a place of business for uses characterized as having emissions such as noise, smoke, odour,
fumes or vibrations or extensive outside storage as part of their normal operations. Such uses
include sawmills, pulp and paper mills, refineries, smelting operations and similar uses which are
intended to be secluded from residential or other sensitive land uses in order to limit and potential
adverse effects on the environment or the surrounding areas and public health.
Institutional Use
Means land, building, structure or part thereof used by any government agency, organization,
group or association, for the promotion of religious, charitable, educational, medical, Public
Medical Centres, benevolent objectives or public service and which is not operated for profit or
gain.
Kennel
Means a building or structure where animals, birds or other livestock intended or used as domestic
household pets or for working or sporting purposes and are kept or boarded.
Landscaped Open Space
Means:
(a)
A combination of trees, shrubs, flowers, grass or other horticultural elements, together with
decorative stonework, paving, screening or other architectural elements, all of which is
designed to enhance the visual amenity of a property and/or to provide a screen to mitigate
any objectionable adjacent land use; and
(b)
Does not include parking areas, traffic aisles or driveways or ramps for vehicles.
Laundromat
Means a building or structure where coin-operated laundry machines, using only water, detergents
and additives, are made available to the public for the purpose of laundry cleaning.
Licensed Cannabis Production Facility
Means the use of land, buildings or structures for the cultivation, processing, testing,
destructions, packaging and shipping of marijuana used for medical purposes as approved
and regulated by Health Canada.
Licensed Refreshment Sales Vehicle
Means a vehicle which is currently licensed pursuant to the Highway Traffic Act and which is
equipped for the preparation, storage, heating, cooking, cooling or sale of foodstuffs and
beverages within or from the vehicle and may include exterior seating (e.g., picnic tables).
Livestock Facility
Means one or more barns or permanent structures with livestock occupied portions intended for
keeping of livestock. A livestock facility also includes all manure or material storage and
anaerobic digesters.
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[Page 23]
Livestock Sales Outlet
Means a building or structure where livestock such as cattle, goats, sheep, horses or the young
thereof are bought and sold.
Loading Space
Means a space or bay located on a lot or within a building which is used or intended to be used
for the temporary parking of any commercial vehicle while loading or unloading goods,
merchandise, or materials in connection with the use of the lot or any building thereon, and
which has unobstructed access not necessarily in a straight line to a public street.
Log Hauling Operation
Means an area of land and/or building of a logging contractor where equipment and materials are
stored and may include repairs to logging equipment belonging to the logging operator or
contractor.
Logging Yard
Means the use of land and accessory buildings and structures for the storage, packaging, sizing,
splitting, grading and sorting, cutting, trucking, equipment repairing, shipping and receiving of
commercial timber, sawdust and bark.
Lot
Means a parcel of land which is capable of being legally conveyed in accordance with Section 49
of the Planning Act, R.S.O. 1990 (see illustrations).
Definition of Lot Types
Municipality of Mattawan Zoning By-law
File P-2800
[Page 24]
Examples of Lot Definitions
Municipality of Mattawan Zoning By-law
File P-2800
[Page 25]
Lot Area
Means the total horizontal area measured within the limits of the lot lines of the lot.
Lot, Corner
Means a lot situated at an intersection of two or more streets, or at the intersection of two parts of
the same street which have an interior angle or intersection of not more than one hundred and
thirty-five (135) degrees.
Where such street lines are curved, the angle of intersection of the street lines shall be deemed to
be the angle formed by the intersection of the tangents to the street lines, drawn through the
extremities of the side lot lines. In the latter case, the corner of the lot shall be deemed to be that
point on the street line nearest to the point of intersection of the said tangents.
Lot Coverage
Means the combined areas of all the buildings on the lot measured at the level of the lowest floor
above grade in relationship to the area of the lot and expressed as a percentage (see illustration).
Lot Depth
Means the horizontal distance between the front lot lines and rear lot lines. If the front lot lines
and rear lot lines are not parallel, "lot depth" means the length of a straight line joining the middle
of the front lot line with the middle of the rear lot line. If there is no rear lot line, "lot depth"
Municipality of Mattawan Zoning By-law
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[Page 26]
means the length of a straight line joining the middle of the front lot line with the apex of the
triangle formed by the side lot lines (see illustration).
Lot Frontage
Means the horizontal distance between the side lot lines. Where such side lot lines are not parallel,
it shall be the width of a lot measured between the intersections of the side lot lines with a line 7.5
m [24.6 ft.] back from and parallel or concentric to the front lot line. Arc distances shall apply on
curved lines (see illustration).
Lot Interior
Means a lot other than a corner lot or a through lot which has frontage on a public street.
Lot Line
Means a boundary line of a lot.
Lot Line - Exterior Side
Means a lot line located between the front lot lines and rear lot lines and dividing the lot from a
street.
Lot Line, Front
Means:
(a)
In the case of an interior lot, the line dividing
the lot from the street line;
(b)
In the case of a corner lot, the shorter lot line
abutting a street shall be deemed to be the
front lot line;
(c)
In the case of a corner lot with two street lines
of equal lengths, the lot line that abuts the
wider street, or abuts a Provincial highway shall be deemed to be in the front lot line, and
in the case of both streets being under the same jurisdiction and of the same width, the lot
line where the principal access to the lot is provided shall be deemed to be the front lot
line;
(d)
In the case of a lot with water access only, the front lot line shall be on the water side. In
the case of a through waterfront lot with water access only, the longest shoreline shall be
deemed to be the front lot line; and
(e)
In case of a lot with frontage on a public street or private road and on a water body, the
front lot line shall be measured both on the street line and on the water side (see
illustration).
Municipality of Mattawan Zoning By-law
File P-2800
[Page 27]
Municipality of Mattawan Zoning By-law
File P-2800
[Page 28]
Lot Line, Rear
Means the lot line furthest from, and opposite to, the front lot line (see illustration).
Lot Line, Side Interior
Means a lot line other than a front lot line, rear lot line or exterior side lot line.
Lot, Through
Means a lot having a frontage on two parallel or approximately parallel streets.
Lot, Width
Means the average horizontal dimension between the two longest opposite sides.
Lumber Yard
Means a lot and accessory buildings where the primary use is the storage of construction grade
wood and building supplies for sale at retail or wholesale.
Main Building
Means the building designed or used for the principal use on the lot.
Main Wall
Means any exterior wall of a building and all structural members essential to the support of a fully
enclosed space of roof exclusive of permitted projections.
Manure or Material Storage
Means permanent storages, which may or may not be associated with a livestock facility
containing liquid manure (< 18% dry matter), solid manure (≥ 18% dry matter), or digestate (<
18% dry matter). Permanent storages may include any of: locations (under, within, nearby, or
remote from a barn), materials (concrete, earthen, steel, wood), coverings (open top, roof tarp, or
other materials), configurations and shapes or elevations (above, below or partially above grade).
Marina
Means a lot, building, structure on a waterfront with or without docking facilities where boats and
boat accessories are berthed, constructed, stored, serviced, repaired or kept for sale or rent and
where the facilities for the sale of marine fuels and lubricants, bait, as well as the sale of foods,
provisions or supplies as an accessory use may be provided. Sewage pump-out facilities for
pleasure craft are permitted.
Marine Facility
Means a non-commercial building or structure which is used to moor, berth, or store a boat. This
definition may include a boat launching ramp, a boat lift, marine railway, a float hangar, dock or
boathouse, but does not include any building used for human habitation or a marina. A marine
facility shall also include a water intake facility and any flood or erosion control structure.
Medical Marijuana Facility
Means a premise approved and regulated under the Access to Cannabis for Medical
Purposes Regulations.
Municipality of Mattawan Zoning By-law
File P-2800
[Page 29]
Microbrewery
Means a commercial operation where beer is produced at a small scale. A microbrewery may be
permitted to sell the product that is produced on-site provided that there is no consumption of the
purchased product on-site other than sampling. A bar, pub or brewpub shall not be considered a
microbrewery. A microbrewery may also sell retail items directly related to the operation on-
site.
Micro-cultivation
Means the small scale growing of cannabis plants and harvesting material from those
plants, as well as associated activities.
Mine
Means a mine as defined in the Mining Act. Mining shall have a similar meaning.
Mine Hazard
Means any feature on a mine as defined under the Mining Act or any related disturbance of the
ground that has not been rehabilitated.
Mineral Deposits
Means an unusually large or rich concentration of valuable minerals identified within a small part
of the Earth's crust.
Minimum Distance Separation Formulae I and II
Means formulae developed by the Province to separate uses so as to reduce incompatibility
concerns about odour from livestock facilities.
Mobile Home Lot or Site
Means an area, similar to a lot, located in a mobile home park, intended to be occupied by a mobile
home or a permitted accessory use.
Mobile Home Park
Means land which has been provided and designed for the location thereon of two (2) or more
occupied mobile homes.
Mobile Home Unit
Means any dwelling that 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.
Mobile Home Yard
Means a line similar to a front yard, rear yard, interior or exterior side yard as if it were applied
to a mobile home lot or Site.
Modular Home
Means a single detached dwelling consisting of one or more modules which meets CSA standard
Z240.2.1 - Zone 2 or CSA Standard A277 - Zone 2 and which has been prefabricated or
manufactured in a factory remote from the site where it is intended to be used and transported to
Municipality of Mattawan Zoning By-law
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[Page 30]
the site for installation on a permanent foundation, but does not include a Mobile Home,
Recreational Vehicle, or Park Model Trailer as otherwise defined.
Motel
Means a building or buildings designed or used for the accommodation of the travelling or
vacationing public, containing therein three (3) or more guest rooms, each guest room having a
separate entrance directly from outside and may include an accessory eating establishment.
Motocross Circuit
Means an off-road racing facility conducted on an outdoor enclosed dirt circuit over primarily
natural, outdoor terrain and may include spectator facilities such as grandstands or concourses
and fast-food concessions.
Municipality
Means the Municipality of Mattawan.
Natural Heritage Features
Means features and areas, such as significant wetlands, fish habitat, significant portions of the
habitat of endangered and threatened species, significant wildlife habitat and significant areas of
natural and scientific interest, which are important for their environmental and social values as a
legacy of the natural landscapes of an area.
Negative Impacts
Means:
(a)
In regard to fish habitat, the harmful alteration, disruption or destruction of fish habitat,
except where it has been authorized under the Fisheries Act, using the guiding principle of
no net loss of productive capacity; and
(b)
In regard to other natural heritage features and areas, the loss of the natural features or
ecological functions for which an area is identified.
Non-Complying
Means any existing use, building, structure or lot which does not conform with the zone
requirements and standards of this By-law (see also Non-Conforming).
Non-Conforming
Means any existing use, building, structure or lot which does not conform with the permitted use
provisions of any Zone in this By-law (see also Non-Complying).
Non-Residential Use
Means a use, building or structure, designed intended or used for purposes other than those of a
dwelling or a residential use.
Nutrient Unit
Means an amount of nutrients that give a fertilizer replacement value of the lower of 43
kilograms of nitrogen, or 55 kilograms of phosphate as nutrient (as defined in Ontario Regulation
Municipality of Mattawan Zoning By-law
File P-2800
[Page 31]
267/03 made under the Nutrient Management Act) and correlates to the number of types of
livestock for a given nutrient unit.
Occupancy Permit
Means a permit issued under the authority of the Planning Act by the Chief Building Official
which indicates that the proposed use of land or any building or structure on any such land is in
conformity with this By-law.
Official Plan
Means the Official Plan of the East Nipissing Planning Area or parts thereof and amendments
thereto.
Office
Means a building, structure or part thereof used for the purpose of providing accommodation for
the performance and transaction of business including administrative, clerical and professional
activities.
Open Space
Means the open, unobstructed space on a lot including landscaped areas, pedestrian walkways,
patios, pools or similar areas but not including any driveway, ramp, parking spaces or aisles,
loading spaces or manoeuvring areas and similar areas.
Open Storage
Means storage or display of goods, merchandise or equipment outside of a building or structure
on a lot or portion thereof. This definition shall not include the open storage of goods or equipment
incidental to a residential occupancy of a lot, a parking area or parking space.
Outdoor Display
Means an area set aside outside of a building or structure, other than a parking area, loading
space or parking space which is used in conjunction with a business located within the building
or structure on the same property, for the display of goods, merchandise, equipment and
seasonal produce and products and may include garden supplies and Christmas trees, new
merchandise or the supply of services.
Owner
Means a mortgagee, lessee, tenant, occupant, or a person entitled to a limited estate or interest in
land, a trustee in whom the land is vested, a committee of the estate of a mentally incompetent
person, an executor, an administrator or a guardian.
Park
Means an area of land, whether enclosed or not, maintained by the Municipality or other public
authority for the enjoyment, health and well-being of people and open to the public with or without
charge and, for the purposes of this definition, includes a Provincial Park with tourist campground
facilities.
Park - Private (see Recreational Commercial Establishment)
Park Model Trailer (see Dwelling - Park Model Trailer)
Municipality of Mattawan Zoning By-law
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[Page 32]
Parking Area
Means a lot or portion thereof required in accordance with the provisions of this By-law for the
temporary storage or parking of motor vehicles accessory or incidental to uses in all zones but
shall not include a commercial parking lot.
Parking Lot - Commercial
Means a lot or portion thereof used for the temporary storage or parking of four (4) or more
vehicles for hire and gain but does not include the sale of new or used vehicles or the storing of
impounded or wrecked vehicles.
Parking Space
Means an area used for the temporary
parking of one motor vehicle or one horse
and buggy.
Parking Space - Barrier Free
Means a parking space for the temporary
parking of a motor vehicle used by a
handicapped or disabled person (see photo).
Permitted
Means permitted by this By-law.
Permitted Use
Means a use which is permitted in the zone where such use is located.
Person
Shall include an individual, an association, a chartered organization, a firm, a partnership, a
corporation, an agent or trustee and the heirs, executors or other legal representatives of a person
to whom the context can apply according to law.
Personal Service Establishment
Means an establishment wherein a personal service is performed. This definition may include a
barber shop, beauty salon, shoe repair, photographic store, laundromat or a drycleaning
distribution station or a similar use.
Pit
Means land or land under water from which aggregate as defined herein is being or has been
excavated in order to supply material for construction, manufacturing or industrial purposes, but
shall not include rehabilitated land or an excavation incidental to the erection of a building or a
structure for which a building permit has been granted by the Corporation, or an excavation
incidental to the construction of any public works.
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[Page 33]
Place of Amusement
Means an establishment operated for commercial gain or profit wherein amusement facilities are
provided such as a video arcade or penny arcade, billiard or pool room, pinball machines and video
games but shall not include a drive-in theatre.
Place of Assembly
Means a building specifically set aside for and primarily engaged in the operation of arts and craft
shows, trade fairs, fashion show, public meetings, banquets, conference meetings and similar
activities.
Place of Worship
Means a building or an open area primarily dedicated to religious worship but may be used for
other supportive uses such as a centre for the arts, a community hall, an accessory residential use,
a library and similar uses.
Planning Board
Means the East Nipissing Planning Board.
Playground
Means a park or part thereof which is equipped with active recreational facilities oriented to
children.
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 and includes stockpiling and storage of
bulk materials used in the process, which is not of permanent construction but is designed to be
dismantled and moved to another location as required. Portable asphalt plants must comply with
the applicable separation distances and/or an environmental compliance approval.
Portable Concrete Plant
Means a building or structure:
(a)
with equipment designed to mix cementing materials, aggregate, water and admixtures to
produce concrete, and includes stockpiling and storage of bulk materials used in the
process; and
(b)
which is not of permanent construction, but which is designed to be dismantled at the
completion of the construction project.
Printing and Publishing Establishment
Means a building or part thereof used primarily for printing, regardless of the method, and
publishing of newspapers, periodicals, books, maps and similar publications and also includes the
sale and servicing of printing and duplicating equipment.
Private Club
Means a building or part of a building used as a meeting place by an association of persons who
are bona fide members, which owns, hires or leases the building or part thereof, the use of such
Municipality of Mattawan Zoning By-law
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[Page 34]
premises being restricted to members and their guests for social, cultural, recreational, business or
athletic purposes.
Private Road
Means a private right-of-way over private property which affords access to at least two (2) abutting
lots and which is not maintained by a Public Authority.
Public Access Point
Means public land designated by the appropriate authority and developed and maintained by the
authority as a public access to a navigable water body.
Public Authority
Means the Municipality of Mattawan and any Boards or Commissions thereof and any Ministry
or Department of the Governments of Ontario or Canada, or other similarly recognized public
utility or agencies established or exercising any power or authority under any special or general
statute and includes any committee or local authority established by By-law of Council.
Public Street
Means a public or common highway affording principal means of access to abutting properties
which has been assumed by a public authority.
Public Service Use
Means a building, structure or lot used for public services by the Municipality of Mattawan and
any Boards or Commissions thereof, and any Ministry or Commission of the Governments of
Ontario and Canada, any telephone, or railway company, any company supplying natural gas,
Hydro One, any telecommunications.
Public Utility
Means a water works or water supply system sewage works, electrical power or energy
generating transmission or distribution system, street lighting system, natural or artificial gas
works or supply system, a transportation system or a telephone or telecommunications system,
scientific research system, and includes any lands, buildings or equipment required for the
administration or operation of any such system and is operated by a public authority or publicly
governed company.
Quarry
Means any open excavation made for the removal of any consolidated rock or mineral including
limestone, sandstone or shale, in order to supply material for construction, industrial or
manufacturing purposes, but shall not include an excavation incidental to the erection of a
building or structure for which a building permit has been granted by the Corporation, or an
excavation incidental to the construction of any public works.
Municipality of Mattawan Zoning By-law
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[Page 35]
Recreational Commercial Establishment
Means an establishment, premises, or building where any recreational, social or cultural uses are
operated commercially for profit on lands in private ownership, such as health clubs, golf courses,
open or enclosed skating or curling rinks, open or enclosed pools, open or enclosed badminton or
tennis courts, squash courts, bowling alleys, gymnasia, band shell or open theatre, and other similar
uses.
Recreational Vehicle
Shall mean any vehicle so constructed that is suitable for being attached to a motor vehicle for the
purpose of being drawn or is self-propelled, and is capable of being used on a short term basis for
living, sleeping or eating accommodation of persons. The term recreational vehicle includes the
following: motor homes, travel trailers, tent trailers, campers, motor homes but does not include
recreational equipment such as boats, snowmobiles, personal water craft, all- terrain vehicles or
other equipment used for recreational purposes (see photos).
Recreational Vehicle Sales and Storage and Repair
Means a building and/or lot which are used for the repair, display, storage and/or sale of boats,
trailers, campers, snowmobiles and other recreational vehicles.
Redevelopment
Means the removal or rehabilitation of buildings or structures and the construction, reconstruction
or erection of other buildings or structures in their place.
Renewable Energy System
Means a system that generates electricity, heat and/or cooling from a renewable energy source.
Registered Plan
Means a plan legally registered as per the Registry Act or the Land Titles Act.
Municipality of Mattawan Zoning By-law
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[Page 36]
Residential Use
Means the use of land, buildings or structures for human habitation or as a dwelling.
Restaurant
Means a building or structure where food is prepared and offered for sale or sold to the public
primarily to be consumed on the premises and may include catered or table service and picnic
facilities.
Restaurant, Take-Out
Means a building or structure where food is prepared and offered for sale to the public to be taken
out and/or delivered for consumption off the premises.
Retail Outlet
Means a single retail store which is accessory to a permitted commercial use.
Retail Store
Means a building wherein goods, wares, merchandise, substances or articles are offered for sale
to the general public, and may include the limited storage of goods, wares, merchandise,
substances or articles, and shall not include any other use defined herein.
Road (See Public Street)
Rural Zone
Means a LSR, CR, M1, MX, or R zone.
Salvage Yard
Means a lot and/or building or portion thereof where used goods, wares, merchandise, articles,
motor vehicles, machinery or parts thereof are processed or sold for further use, dismantled or
abandoned. This definition may include a junk yard, a scrap metal yard, a recycling depot and an
automobile wrecking yard on the premises.
Satellite Dish/Receiver
Means a structure designed, used or intended to be used to send or receive signals to or from a
satellite.
Sauna
Means an accessory building or structure wherein facilities are provided for the purpose of a
steam bath and may include a change room and shower and may be constructed as part of a boat
house.
Sawmill or Planing Mill
Means a building, structure or area where timber is cut or sawed, either to finished lumber or as
an intermediary step.
School
Shall mean a public educational establishment operated by a Board of Education.
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[Page 37]
School, Private
Means an educational establishment, other than a school, wherein teaching or instruction is offered
for gain in such fields as academics, dancing, music, art, sports, business or trade, and any other
such specialized school conducted for gain, and also includes such fields as a studio for
photography and arts and crafts.
Seating Capacity
Means the number of persons which can be accommodated in a building or structure or part
thereof in a seated position on chairs, benches, forms or pews.
Self-Storage Facility
Means a commercial building or part of a building wherein items are stored in separate, secured
storage areas or lockers and may include the exterior storage of boats and water-related
equipment, recreational equipment and recreational vehicles.
Sensitive Land Use
Shall mean a building, amenity area or outdoor space where routine or normal activities occurring
at reasonably expected times would experience 1 or more adverse effect(s) from contaminant
discharges generated by the nearby facility. The sensitive land use may be a part of the natural or
built environment.
Separation Distance
Means the horizontal distance between buildings or structures or physical features measured
from the closest point of the exterior wall or identifiable boundary of such building or structure,
or of such physical structure.
Service Outlet
Shall mean a building whether in conjunction with a retail store or not, used for the repair or
servicing of goods, commodities, articles or materials, but not the manufacturing thereof.
Automotive repairs and services are not permitted under this definition.
Setback
Shall mean:
(a)
With reference to a road or street, the least horizontal distance between the front lot line
and the nearest building line;
(b)
With reference to a water body, the least horizontal distance between the high water mark
of the water body and the nearest building line.
(c)
With reference to a building, structure or land use and not applicable under paragraph (1)
or (2), shall mean the least horizontal distance from the building, structure or land use in
question;
(d)
With reference to a private road, shall mean the least horizontal distance between the edge
of the travelled portion of the road and any building or structure, or the limit of the road
as shown and measured on a survey.
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[Page 38]
Sewage and Water Systems
(a)
Full Municipal Sewage and Water Services:
Means piped sewage and water services that are connected to a centralized water and waste
water treatment facility.
(b)
Communal Services
Means sewage works and sewage systems and water works that provide for the distribution,
collection or treatment of sewage or water but which:
(i)
Are not connected to full municipal sewage and water services;
(ii)
Are for the common use of more than five residential units/lots;
(iii)
Are owned, operated, and managed by a municipality or, another public body, or a
condominium corporation or single owner which has entered into an agreement
with the municipality or public body, pursuant to Section 51 of the Planning Act,
providing for municipal/public body assumption of the communal services in the
event of default by the owner.
(c)
Individual On-Site Systems
Means individual autonomous water supply and sewage disposal systems that are owned,
operated and managed by the owner of the property upon which the system is located and
which do not serve more than five residential units/lots.
(d)
Partial Services
Means connection to one communal service or full municipal service where the other
connection will be to an individual on-site system.
Shooting Range or Rifle Club
Means land, buildings, structures or premises used for recreational target practice, skeet shooting,
gun or hunter safety instruction and are operated by a club or organization.
Shoreline
Means those lands extending from the average annual water level which have potential and direct
significant impact on near shore waters and the shore ecosystem through run-off, and where land
use activity is primarily water oriented.
Shoreline Buffer Zone
Means a natural area, adjacent to a shoreline, maintained or re-established in its natural pre-
development state, with the exception of minimal pruning of vegetation, the removal of trees for
safety reasons, for the purpose of protecting natural habitat and water quality and minimizing the
visual impact of buildings or structures on a lot, and may include the installation of a pathway or
trail providing water access.
Municipality of Mattawan Zoning By-law
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[Page 39]
Sight Triangle
Means a triangular space, free of
buildings, structures and obstructions,
formed by the street lines abutting a
corner lot and a third line drawn from a
point on a street line to another point on a
street line, each such point being the
required sight distance from the point of
intersection of the street lines as specified
in this by-law (see illustration).
Sign
Shall mean any writing, letter work or
numeral, any pictorial representation,
illustration, drawing, image or decoration,
any emblem, logo, symbol or trademark or any device with similar characteristics which:
(a)
Is a structure, or part of a structure, or which is attached thereto or mounted thereon; and
(b)
Which is used to advertise, inform, announce, claim, give publicity or attract attention.
Sleep Cabin
Means an accessory building or structure, not exceeding 37 m5 (400 ft.5) in gross floor area,
located on the same lot as the principal building or structure, the accessory use being for sleeping
accommodation in which cooking facilities
shall not be provided but may contain
sanitary facilities.
Solar Collector
Means a ground mounted or rooftop
mounted or wall mounted device under the
with a name plate capacity of less than or
equal to 10 kW consisting of photovoltaic
panels that collect solar power from the sun
(see photo).
Solar Collector, Commercial
Means a ground mounted device with a name plate capacity of less than or equal to 10 kW
consisting of photovoltaic panels that collect solar power from the sun (see photo).
Solarium
Means a glassed-in structure or room
projecting from an exterior or main wall of a
building which may be used for sunning,
therapeutic exposure to sunlight, or for a use
where the intent is to optimize exposure to
sunlight.
5 m
5 m
5 m
5 m
5 m
5 m
Municipality of Mattawan Zoning By-law
File P-2800
[Page 40]
Stacking Lane
Means an on-site lane for motorized vehicles which accommodates vehicles using a drive-
through facility that is separated from other vehicular traffic and pedestrian circulation.
Stacking lanes may be separated by any combination of barriers, markings or signage (see
diagram).
Stacking Space
Means a portion of a stacking lane which provides standing room for motor vehicles in a queue
for a drive-through facility while the occupants are awaiting service (see diagram).
Storage Container
Means a pre-fabricated metal or steel accessory building used for the transport and and/or
storage of storage of goods and materials but shall not include the body of a transport trailer,
strait truck box or motor vehicle (see photos).
Municipality of Mattawan Zoning By-law
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[Page 41]
Storey
Means that portion of a building other than a
cellar or basement included between the
surface of any floor and the surface of the floor,
roof deck, ceiling or roof immediately above it
(see illustration).
Street Allowance
Shall have a corresponding meaning to that of
Public Street or Private Road.
Street Line
Means the limit of the road or street allowance
and is the dividing line between a lot and a Public Street or Private Road.
Structure
Means anything constructed or erected, the use of which requires location on the ground or
attached to something having location on the ground and, without limiting the generality of the
foregoing, includes a trailer but does not include a fence.
Studio
Means a building or part thereof used,
(a)
As the workplace of a photographer, artist, or artisan; or
(b)
For the instruction of art, music, languages or similar disciplines.
Swimming Pool
Means an open or covered pool which is at least 50 cm [19.6 in] in depth, and may include a hot
tub or whirlpool.
Tavern or Roadhouse
Shall mean a "tavern" as defined by the Liquor License Act.
Temporary Building
Means a building or structure intended for removal or
demolition within a prescribed time as set out in a
building permit.
Temporary Car Shelter
Means a prefabricated temporary structure usually
constructed with a metal, wood or plastic frame and
covered with a tarpaulin or other similar type of fabric
or plastic cover used primarily for the storage of a
motor vehicle or other equipment and is designed to
be dismantled or removed (see photo).
Municipality of Mattawan Zoning By-law
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[Page 42]
Top of Bank
Means the first significant lake ward break in a ravine slope where the break occurs such that the
grade beyond the break is flatter than 3:1 measured perpendicularly from the break.
Tourist Establishment
Means land, buildings or structures used for the purpose of sleeping accommodation on a
temporary basis by tourists or vacationers, including a motel, lodge or bed and breakfast
establishment, and rental cottages or cabins where more than three such rental units or guest
rooms occupy the same property, including accessory uses such as dining, meeting and beverage
rooms and similar uses and which such establishment complies with all applicable Airbnb
requirements.
Tourist Outfitters Establishment
Means an establishment which operates throughout all or part of a year which may or may not
furnish overnight accommodation and facilities for serving meals and furnishes equipment,
supplies or services to persons in connection with angling, hunting, camping or other similar
recreational purposes.
Township
Means the Corporation of the Municipality of Mattawan.
Trailer (see Recreational Vehicle)
Transportation Depot
Means land, or a structure or a building where commercial vehicles are kept for hire, rental and/or
lease, or stored and/or parked for remuneration and/or from which such vehicles are dispatched
for hire as common carriers and where such land, structure or building may be used for the storage
and/or distribution of goods, wares, and merchandise.
Transfer Station
Means land, buildings or parts of buildings used for the temporary storage, and subsequent
dispersal of garbage, refuse, domestic or industrial waste, exclusive of liquid industrial waste or
hazardous waste.
Use or Used
Means the purpose for which land, a lot, a building, a structure or premises is designed, arranged,
occupied or maintained.
Veterinary Establishment
Means a building or part of a building used by a veterinary surgeon where animals, birds or other
livestock are treated and where domestic animals and/or birds may be kept for treatment and may
include a kennel.
Video Rental Outlet
Means a building or part of a building wherein the primary use is the rental of video tapes and
may include the rental of video cassette recorders, video cameras and video games.
Municipality of Mattawan Zoning By-law
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[Page 43]
Warehouse
Means a building or structure or portion thereof used or intended to be used for the bulk storage
of goods, merchandise, or material.
Waste Management Facility
Means a site which is licensed or approved by the Ministry of the Environment and/or its agents
where garbage, refuse, domestic or industrial waste, excluding radioactive or toxic chemical
wastes is disposed of or dumped. This definition shall include waste transfer stations and recycling
depots.
Water Access Lot
Means a lot that is accessed by a navigable water body only.
Water Body
Means any bay, lake, river, natural watercourse or canal but excluding a drainage or irrigation
channel.
Water Frontage
Means a lot which has one or more lot lines abutting a navigable watercourse, bay or lake.
Wayside Pit and Quarry
Means a temporary pit or quarry opened and used for a public authority solely for the purpose of
a particular project of road construction and not located on the road right-of-way.
Welding Shop
Shall mean a building or structure or part thereof where metal products are joined, repaired or
shaped by welding but no mass productions shall be involved.
Wetland
Means lands that are seasonally or permanently covered by shallow water, as well as lands where
the water table is close to or at the surface. In either case the presence of abundant water has caused
the formation of hydric soils and has favoured the dominance of either hydrophytic or water
tolerant plants. The four major types of wetlands are swamps, marshes, bogs and fens.
Lands being used for agricultural purposes, that are periodically "soaked" or "wet", or which no
longer exhibit wetland characteristics are not considered to be wetlands for the purposes of this
definition.
Wildlife Habitat
Means areas where plants, animals and other organisms live, and find adequate amounts of food,
water shelter and space needed to sustain their populations. Specific wildlife habitats of concern
may include areas where species concentrate at a vulnerable point in their annual life cycle; and
areas which are important to migratory or non-migratory species.
Wind Farm
Means a collection of wind turbines all in the same geographical location which are used in
combination for the generation of mechanical or electrical generation.
Municipality of Mattawan Zoning By-law
File P-2800
[Page 44]
Wind Turbine
Means a machine designed and used for converting the kinetic energy in wind into mechanical
energy or electrical energy.
Wind Turbine, Commercial
Means a wind turbine where the mechanical or electrical energy is sold commercially for gain or
profit."
Workshop or Custom Workshop
Means a building, structure or part thereof where manufacturing is performed by a tradesman,
requiring manual or mechanical skills and may include a carpenter's shop, a locksmith's shop, a
gunsmith's shop, a tinsmith's shop, a commercial welder's shop or similar uses.
Yard
Means the area between a main wall of a building and a lot line that, except for landscaping or
accessory buildings and projections specifically permitted elsewhere in this by-law, is
unobstructed above grade (see illustration).
Yard, Front
Means a yard extending across the full width of the lot between the front lot line and a line drawn
parallel or concentric thereto and through the point of the main wall of a main building closest to
the front lot line (see illustration).
Yard, Rear
Means a yard extending across the full width of the lot between the rear lot line and a line drawn
parallel or concentric thereto and through the point of the main wall of the main building closest
to the rear lot line. Where there is no rear lot line, the rear yard shall be measured from the
intersection of the side lot lines to the closest point of the main wall of the main building (see
illustration).
Yard, Side
Means a yard extending from the front yard to the rear yard between the side lot line and a line
drawn parallel or concentric thereto and through the point of the main wall of a building closest to
the side lot line (see illustration).
Yard, Side Exterior
Means a side yard adjacent to a public street (see illustration).
Yard, Side - Interior
Means a side yard other than an exterior side yard (see illustration).
Yurt
Means a circular domed tent-like structure usually consisting of a wooden frame covered by
material and capable of being used on a recreational basis for temporary accommodation.
Municipality of Mattawan Zoning By-law
File P-2800
[Page 45]
Zone
Means a designated area of land use demarcated on the Schedules attached hereto.
Zone Regulation or Zone Requirement
Means any provision of this By-law which is listed under the heading "Zone Regulations" or
referred to as a zoning regulation and governs the erection of any building or structure or the
use of land.
Zoning Administrator
Means the officer, employee or such other person as may from time-to-time be designated by
Council, charged with the duty of enforcing the provisions of this By-law.
Municipality of Mattawan Zoning By-law
File P-2800
[Page 46]
Section 4 GENERAL PROVISIONS
4.1
Accessory Buildings, Structures and Uses
4.1.1 General
Where a lot is devoted to a permitted use, customary accessory uses, buildings and
structures are authorized provided that (see illustration):
(a)
All accessory uses, buildings and structures to a permitted principal use shall be
located on the same lot and in the same zone as the principal use. No accessory
building shall be erected prior to the erection of the main building on the same
lot, except where it is necessary for the storage of the tools, and materials for the
use in connection with the construction of the main building or structure, and no
such accessory building shall, prior to the erection of the main building, be used
for any purpose other than storage and shall not be used for habitation unless
otherwise permitted by this By-law;
(b)
The use of any accessory building or structure for human habitation is not
permitted except where an accessory dwelling is specifically listed as a permitted
use. An additional residential unit shall be permitted as an accessory use to a
single detached dwelling or a semi-detached dwelling or a row or a townhouse
dwelling except where the additional residential unit cannot be adequately
serviced with an individual on-site sewage system;
(c)
No accessory use shall be erected closer to the front line or the exterior side lot
line than the minimum front yard and external side yard setbacks required for the
main building;
This provision shall be exempted:
i)
For lots with water frontage;
ii)
For a partially enclosed shelter for use by children waiting for a school bus, if
such use is located in a rural zone and provided the front yard setback for the
shelter is 3 m [9.84 ft.];
iii)
For any farm produce outlet having a gross floor area of less than 9.5 m2
[102.2 ft.2], if such use is located in a rural zone;
Explanatory Note
The General Provisions section of the Zoning By-law sets out regulations which apply
regardless of the specific zoning (Section 5). While the zones provide site specific
controls corresponding to such items as permitted uses and other restrictions, the
General Provisions provide regulations more general in nature . Development must
comply with all applicable provisions in the General Provisions in addition to the
requirements of the specific zone standards set out in Section 5
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[Page 47]
iv)
For a lot in a rural zone to the extent that accessory uses, buildings and
structures may be located in the front yard provided that the minimum front
yard depth for the main building shall be double the front yard depth
otherwise required for the zone, provided that the accessory uses, buildings or
structures shall be in compliance with the front yard, interior and exterior
side yard requirements for the main buildings or structures in the zone and
provided that all other relevant provisions of this By-law are complied with;
v)
For open or outdoor storage, where permitted in this By-law;
vi)
For a temporary car shelter; and
vii)
For a gate house used for security for a gated residential complex, or a
permitted non-residential use provided the front yard setback for the gate-
house is 3 m [9.84 ft.].
(d)
Except where specified otherwise, no accessory building shall be erected closer
than 2 m [6.56 ft.] to any interior side lot line, rear lot line or the main building;
(e)
Accessory uses, excluding open swimming pools, shall not cover more than 5 %
of the lot area in any zone. This shall be calculated as part of the maximum lot
coverage permitted in any zone;
Boathouse Setback
(f)
Despite Section 4.1.1 (c) and (d) above, a boat house, dock or wharf may be
located in the front yard, side yard or rear yard where a lot abuts a navigable
waterway, provided that the approval of any governmental authority having
jurisdiction has been obtained and provided that the boat house, dock or wharf is
located not closer than 3.0 m [9.8 ft.] to the nearest adjacent lot line and does not
Municipality of Mattawan Zoning By-law
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[Page 48]
encroach on adjacent frontage when the lot boundaries are extended into the water
(see illustration);
4.1.2 Swimming Pools
Private swimming pools, both above-ground and in-ground both open and covered, shall
be permitted subject to any By-law of the Township regarding swimming pools and the
following requirements:
(a)
Open Pools
i)
Open Pool areas shall be totally enclosed by a fence constructed of suitable
materials, having a minimum height of 1.21 m [4 ft.] with a self-locking gate;
ii)
Where a pool is an above-ground pool, any combination of the pool wall,
surrounding fence or structure totalling a minimum of 1.21 m [4 ft.] in height
shall be deemed to meet the fencing requirements;
iii)
The maximum height of an above-ground pool shall not be more than 2 m
[6.56 ft.] above grade;
iv)
Any building or structure, other than a dwelling, required for changing
clothing or pumping, filtering or storage or any similar purposes shall comply
with the provisions respecting accessory uses and structures; and
v)
No part of an Open Pool including an associated apron or platform which is in
a front yard or side yard shall be constructed closer to a street line than the
requirements for a main building in the zone within which it is located nor
closer to the lot line in a rear yard than the minimum distance required for an
accessory use or structure.
(b)
Covered Pools
Covered pools shall conform with the accessory building requirements contained
in Section 4.1.1 where the pool is built in an accessory building.
(c)
Pools in the Flood Plain
The establishment of any swimming pool in an identified flood plain area shall be
subject to the approval of the Conservation Authority.
Municipality of Mattawan Zoning By-law
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[Page 49]
Example of Accessory Building and Use
4.1.3
Bed and Breakfast
A bed and breakfast establishment shall be permitted in any residential zone in a
single detached dwelling subject to the following requirements:
(a)
A bed and breakfast establishment shall be permitted as an accessory
use to any permitted single detached dwelling.
(b)
A maximum of four (4) guest rooms shall be permitted for any one bed
and breakfast establishment.
(c)
The use of the dwelling as a bed and breakfast establishment shall not
change the residential character of the dwelling.
(d)
Bed and breakfast establishments shall not be subject to the home based
business regulations of Section 4.15 of this By-law.
(e)
The bed and breakfast establishment shall comply with any applicable
requirements of the local Health Unit, the Building Code, and the Fire
Code.
(f)
One (1) sign only not exceeding 1.2 m2 [12.9 ft2] in surface area nor
exceeding 1.5 m [4.92 ft.] in height and which does not flash or oscillate
shall be permitted to advertise a bed and breakfast establishment. The
permitted sign may be a freestanding sign in a front or side yard or may
be attached to a wall of a permitted building or structure, but shall not
obstruct any sight triangle. A minimum setback from any lot line of 1
meter [3.28 ft.] shall apply.
Municipality of Mattawan Zoning By-law
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[Page 50]
(g)
A breakfast service shall be available to guests.
(h)
A bed and breakfast establishment shall comply with the applicable
parking regulations of Section 4.25 of this By-law.
(i)
A bed and breakfast establishment shall require proper licensing from
the municipality where applicable and shall comply with any applicable
Airbnb regulation.
4.1.4 Accessory Residential Units
(a)
One (1) guest cabin or one (1) loft-above-a-garage above a detached
garage shall be permitted per lot as an accessory use to a permitted
dwelling. A guest cabin shall not exceed 37 m2 [398.3 ft2] in gross floor
area.
(b)
No guest cabin or loft-above-a garage above a detached garage shall be
located less than 3 m [9.84 ft.] to any interior lot line or rear lot line or
main building.
(c)
No guest cabin or loft-above-a garage shall be permitted on a lot
occupied by a garden suite.
(d)
An additional residential unit shall be permitted as an accessory use to a
single detached dwelling or a semi-detached dwelling or a row or a
townhouse dwelling in any zone where the additional residential unit can
be adequately serviced with an individual on-site sewage system.
4.1.5 Storage Containers in a Residential Zone
No person shall place a storage container in any Rural or Limited
Service Rural (LSR) zone except in accordance with the following:
(a)
Up to two (2) storage containers shall be permitted on a
residential lot.
(b)
The dimensions of a storage container shall not exceed 6 m
[19.6 ft.] in length, 2.4 m [7.8 ft.] in width or 3 m [9.8 ft.] in height.
No stacking of storage containers shall be permitted.
(c)
No single storage container shall be used for human habitation.
(d)
A storage container shall be located in the rear yard only.
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[Page 51]
(e)
The minimum separation distance of a storage container from
any other building shall be 3 m [9.8 ft.].
(f)
A storage container shall comply with all other yard setbacks in
the zone in which the storage container is located.
(g)
A storage container shall not be used for the purpose of display
or advertising or as a component of a fence.
(h)
A storage container not exceeding the dimensions in clause
4.1.10.2 shall be permitted in a driveway on a residential property
for a period not to exceed five (5) days and only for the purpose of
loading or unloading household items during the process of
moving, but in no case shall encroach upon a public sidewalk or
create a site line obstruction to traffic.
(i)
A storage container shall not be used for the storage of fuels or
hazardous materials.
(j)
Any storage container shall meet the requirements of the Ontario
Building Code.
4.1.6 Storage Containers in a Rural Zone - Non-Residential
(a)
Up to two (2) storage containers shall be permitted for a residential
or non-residential use in a Rural (RU) zone; however, no limit in
the number of storage containers shall apply to an Agricultural Use
or to a CR, M1 or MX Zone.
(b)
The dimensions of any storage container shall not exceed 13.8
m [45.2 ft.] in length, 2.45 m [8.0 ft.] in width or 3.1 m [10.1 ft.] in
height. No stacking of storage containers shall be permitted.
(c)
No storage container shall be used for human habitation unless
the construction meets the requirements of the Ontario Building
Code for residential occupancy.
(d) A storage container shall be located in an interior side yard or
the rear yard only.
(e) No storage container shall be located on a designated parking
space, aisle or access driveway.
(f)
The minimum separation distance from any other building other
than another storage container shall be 2 m [6.5 ft.].
Municipality of Mattawan Zoning By-law
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[Page 52]
(g)
A storage container shall comply with all other yard setbacks in
the zone in which the storage container is located.
(h) A storage container shall not be used for the purpose of display
or advertising or as a component of a fence.
(i)
A storage container shall not be used for the storage of fuel or
hazardous substances.
(j)
Any storage container shall meet the requirements of the Ontario
Building Code.
4.2
Auto Service Station, Gasoline Bar, Car Washing Establishment
Despite any other provisions contained in this By-law, for all zones within which an
automobile service station, gasoline bar, and/or car washing establishment is permitted
the following shall apply:
(a)
Gasoline Pump Island Location
The minimum distance between the gasoline pump island, pumps and their related
overhead canopies and any pump shall be 5.0 m [16.4 ft.] from any lot and street
line.
(b)
Separation of Propane Tanks and Natural Gas Tanks
No person shall erect or use a tank for the storage of propane for sale at an
automobile service station or gas bar or on any other property where vehicle fuel
may be dispensed unless a license has been obtained from the Ministry of
Consumer and Commercial Relations and the location is in compliance with the
requirements under the Ontario Propane Code, and the Gasoline Handling Act.
(c)
The width of any entrance or exit combined entrance or exit measured at the
front lot line or exterior side lot line shall not be greater than 9 m [29.5 ft.] and
there shall not be more than 2 accesses from any one street which adjoins the lot.
(d)
The minimum distance of any access from a street intersection shall be 12 m
[39.4 ft.] and the minimum distance between accesses shall be 9 m [29.5 ft.].
4.3
Buildings to be Moved
No building or structure shall be moved within the limits of the Township or shall be
moved from outside the Township into the Township unless the building or structure is
a permitted use and satisfies all the requirements of the zone in which it is to be located
and then only after a permit has been obtained from the Chief Building Official.
Municipality of Mattawan Zoning By-law
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[Page 53]
4.4
Camp
A permitted camp may be located on any lot of record provided such building is set back
a minimum of 500 m [1,640.4 ft.] from any existing residential dwelling unit on the same
lot. No minimum lot area or frontage requirements shall apply to a permitted camp.
4.5
Change of Use
A use of lot, building or structure which, under the provisions hereof is not permissible
within the zone in which such lot, building or structure is located, shall not be changed
except to a use which is permissible within such zone.
4.6
Cumulative Standards
Despite anything contained in this By-law, where any land, building or structure is used
for more than one purpose, all provisions of this By-law relating to each use shall be
complied with, but no dwelling shall be located within 3.0 m (9.8 ft.) of any other
building on the lot except a building accessory to such dwelling.
4.7
Day Nurseries
Private home day nurseries are permitted in all zones where residential uses are
permitted as a principal use. Such day nurseries shall comply with the provisions of the
Child Care and Early Years Act.
4.8
Exception Zone
Where a zone symbol is followed by the suffix "-X" this shall mean that a specific
exception is being made to one or more of the standards of that zone for a specific area
governed by the By-law. All other provisions of the By-law shall continue to apply.
A number after the "-X" (e.g., R-X1) indicates the order of the various exception zones.
4.9
Farm Use
Nothing contained in this By-law shall prevent the continued use of any land, building or
structure for farming or agricultural purposes as defined, or any extension or addition of
such use provided that any additions or extensions of such use shall comply with the
requirements of the Minimum Distance Formulae I and II of this By-law and the
applicable requirements of the Rural (R) Zone.
4.10 Fences
Any fence erected hereafter within the municipality shall conform to the provisions of any
Fence By-law as may from time-to-time be enacted under the Municipal Act or the
provisions of the Line Fences Act.
Municipality of Mattawan Zoning By-law
File P-2800
[Page 54]
4.11 Flood Plain, Fill and Construction Requirements
The following provisions shall apply to areas located below any engineered or photo
interpreted flood line as determined by the Conservation Authority or the agency having
jurisdiction and without limiting the following, shall include any lands within the
following flood lines (flood plain):
(a)
Chant Plein at Hurdman Dam (Mattawa
River) - 160.78 m
(b)
Ottawa River - 156.6 m (excluding floodway
for Town of Mattawa)
4.11.1 General
No person shall use any land or erect, alter or use any building or structure in the flood
plain except in accordance with the following provisions:
4.11.2 Permitted Uses
(a)
Buildings or structures Intended for Flood or Erosion Control or Slope
Stabilization;
(b)
All buildings and structures in Existence on the Day of the Passing of this By-law;
(c)
Conservation Uses;
(d)
Forestry Uses;
(e)
Parks without Buildings or Structures;
(f)
Hydro-electric generating facilities subject to Section 4.10.3;
(g)
Marine Facilities, and;
(h)
Marina
4.11.3 Prohibited Uses
(a)
Any institutional use;
(b)
Any essential emergency service such as those provided by fire, police and
ambulance stations and electrical substations which would be impaired during an
emergency as a result of flooding, the failure of flood proofing measures and/or
protection works and/or erosion; and
(c)
Any building, structure or use which involves the disposal, manufacture,
treatment or storage of hazardous substances defined as materials that are
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[Page 55]
ignitable, corrosive, reactive, radioactive or pathological and would normally
pose a danger to public health, safety and the environment.
4.11.4 Additional Provisions
(a)
Any new building or structure or any expansion of or addition to any buildings
or structures permitted in the flood plain after the day of the passing of this By-
law must incorporate appropriate engineered construction techniques which
reduce or eliminate the risks of flood damage or damage from unstable slopes.
The specific approval of the Conservation Authority must be obtained prior to the
issuance of a building permit; and
(b)
Modification of the flood plain through the placing or dumping of fill, excavation,
changing the channel of any water body or diverting a water course within the
prescribed limits of the fill lines is prohibited unless otherwise permitted by the
Conservation Authority.
NOTE: See Minimum Distance Separation (Special Setbacks), Section 4.18 for
setback requirements from water bodies and the provisions of Section 5.11 -
Environmental Protection Constraint (EP) Area.
4.12 Frontage on a Public Street or Private Road
4.12.1 General
No person shall erect any building or structure in any zone unless the lot upon which
such building or structure is to be erected has sufficient frontage on a public street
within which the lot is situated except:
(a)
For any permitted use on an island provided a public access point is available on
the main land;
(b)
Infill on a private road existing on the day of the passing of this by-law;
(c)
A camp;
(d)
A resource related use on Crown Land;
(e)
A communications facility;
(f)
A public utility;
(g)
A wayside pit or quarry;
(h)
Any passive outdoor recreational use or activity such as skiing, snowmobiling,
hiking, mountain biking or similar activities.
(i)
An existing use or an existing lot on an existing private road; and
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(j)
A lot within a plan of condominium located on an internal private road.
(k)
A farm field;
(l)
For a water access lot other than an island; and
(m)
Provided all other applicable zone regulations are met.
4.12.2 Exception for Existing Agreements
(a)
Despite Section 4.11.1, where a maintenance agreement exists between the
municipality and a land owner and is registered on title, frontage on an unopened
or unmaintained public right-of-way shall be deemed to conform to the provisions
of this section, provided that such frontage is in conformity with the standards set
out in the corresponding zone or any exception thereto;
(b)
Despite Section 4.11.1, where an access agreement registered on title between or
amongst landowners provides for a right-of-way to an existing lot of record, or
the lot of record has water access only, the access requirements shall be deemed
to conform with the provisions for access of this By-Law.
4.12.3 Ministry of Transportation Access Requirements
In addition to all the requirements of the Corporation, all development adjacent to any
Provincial Highway is also subject to the requirements and permits of the Ministry of
Transportation.
4.13 Garden Suites
Subject to the, the passing of Site Specific Temporary Use By-law under Section 39 of
the Planning Act, a garden suite shall be permitted as a separate dwelling unit to a
permitted main residential use provided that Individual On-Site Systems have the
capacity to service the additional dwelling unit, that the maximum net floor area is 49%
of the net floor area of the main floor of the main residential building up to a maximum
of 75 m2 [807.3 ft2], that the maximum height of the garden suite is 6 m [19.7 ft.] or the
average height of the main buildings on the subject and abutting lots, whichever is the
lesser, that the garden suite is located in a rear yard or interior side yard and meets the
minimum yard and lot coverage requirements set out in the corresponding zone and is set
back a minimum of 3 m [9.8 ft.] from any rear lot line or side lot line.
4.14 Group Homes
Group homes shall be permitted in all zones that allow residential uses, except the
Limited Service Rural Zone, provided that they are licensed by the Province.
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4.15 Helipad, Heliport
Where a helipad or heliport is permitted in this By-law, the following provisions shall
apply:
(a)
The setback between the edge of the helipad and the main wall or receptor of a
sensitive land use shall be determined by a noise and vibration study undertaken
by a professional competent in undertaking such studies. Reference shall be made
to Ministry of the Environment, Conservation and Parks Noise Guideline NPC-
300;
(b)
The setback between the edge of the helipad and any non-residential use not
classified as a sensitive land use shall be 200 m [656.2 ft.]; and
(c)
The classification, design, construction and operation of a heliport shall comply
with Standard 325, Heliports, Part III, Canadian Aviation Regulations issued
under the Aeronautics Act, administered by Transport Canada.
4.16 Home Based Businesses
The following uses shall be considered home based businesses:
(a)
Professional and consulting services (e.g., architect, engineer, financial advisor,
accountant, insurance agency, consultant, legal services, physician, teleworking,
surveyor);
(b)
Instructional services (e.g., music lessons, dance, art, and academic tutoring);
(c)
Home craft businesses (e.g., quilting, pottery, jewellery, visual arts, small scale
assembly);
(d)
Private daycare;
(e)
Distribution sales offices or mail order sales (e.g., cosmetics, clothing or small
household supplies);
(f)
Offices for contractors and trades (e.g., plumbing, heating, electrician);
(g)
Repair services (e.g., small appliance, computers);
(h)
High technology uses (e.g., internet services, office call centre services, desktop
publishing, hardware and software development);
(i)
Personal care services shall be limited to providing service to a single client or
patron at a time (e.g., hairdressing/cutting, massage therapist, aesthetician);
(j)
A farm produce outlet;
(k)
Workshop (e.g., workshops for woodworkers, welders, painters, plumbers or
other members of the trades);
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(l)
A machine or auto repair shop;
(m)
Sale of bait for recreational fishing purposes;
(n)
Pet grooming, but not including overnight keeping of animals;
(o)
A Catering establishment;
(p)
A Studio;
(q)
Seed sales;
(r)
Gun repairs;
(s)
Repair of household appliances;
(t)
The sale of fuel wood sales in a rural zone only;
(u)
Home based businesses shall not include a cannabis retail store or dispensary
or a licensed cannabis production facility.
4.16.1 Zone Regulations for Home Based Businesses
(a)
The home based business shall be clearly accessory to the main permitted
residential use.
(b)
A maximum of two (2) home based businesses shall be permitted in a dwelling.
(c)
The residential external character of the dwelling shall not be changed.
(d)
The business(es) may be conducted entirely within the dwelling or may be
conducted in an accessory building provided that the home based business does
not occupy more than 140 m2 [1,506 ft.2] of the accessory building or structure.
The home based business(es) shall cumulatively not occupy more than 25% of
the net floor area of the dwelling.
(e)
The home based business shall be operated by the owner or occupant of the
dwelling on the lot on which the home based business is operated.
(f)
The home based business shall not create a public nuisance in regard to noise,
traffic, parking or health safety.
(g)
The business (es) shall be legal and must have obtained the necessary permits or
licenses from the Corporation and any other applicable government body having
jurisdiction. Any licenses shall be deemed to expire on the 31st of December of
each calendar year and shall be renewed annually.
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(h)
No outdoor storage shall be permitted except where the home based business is
established for the sale of firewood.
(i)
Only one (1) sign shall be permitted to advertise the home based business(es).
The sign shall not exceed 1 m2 in surface area. The permitted sign may be a free
standing sign in a front or exterior side yard or may be attached to the wall of a
permitted building or structure. The sign may be illuminated where the
illumination is directed onto the sign and complies with Section 4.17 of this By-
law. Signs may also be subject to any sign By-law enacted by the Municipality
under the Municipal Act.
(j)
Parking for home based business(es) shall comply with Section 4.26 of this By-
law.
4.17 Illumination
Illumination of buildings and grounds shall be permitted provided that:
(a)
Illumination shall not cause direct or indirect glare on a street that may interfere
with traffic or pedestrian safety;
(b)
Illumination shall not consist of a colour or be so designed or located that it may
be confused with traffic signals; and
(c)
Illumination shall not cause direct or indirect glare on land or buildings in any
zone in which residential uses are permitted.
4.18 Land Suitability for Use and Organic Soils
Despite any other provision of this By-Law, no habitable building or structure shall be
constructed, erected, altered or used on land which, by reason of its rocky, low lying,
marshy, unstable character or which is located or may be located on organic soil unless
the proponent or applicant for development can demonstrate through professionally
acceptable engineering techniques that the physical constraint can be mitigated or
overcome and that the requirements of the Ontario Building Code with respect to
construction and the requirements of the Ontario Water Resources Act and the Ontario
Building Code with respect to the installation of an individual on-site sewage and water
system can be met.
4.19 Licenses, Permits and Other By-laws
Nothing in this By-law shall exempt any person from complying with requirements of
the Building By-law or any other By-law in force within the Township or from obtaining
any permit, license, permission, authority or approval required by this or any other By-
law of the Municipality of Mattawan or by any other law in force from time to time.
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4.20 Mine Hazards
No lands identified as having a mine hazard shall be used unless the mine hazard has
been rehabilitated or measures taken to mitigate known or suspected hazards. Any
required rehabilitation or mitigation measures shall be undertaken using acceptable
engineering practices.
4.21 Minimum Distance Separation, Influence Areas and Special
Setbacks
No person shall use any land, building or structure for a sensitive use (e.g., residential
use, daycare centre, educational or health facility) unless it complies with the following
minimum distance separations, influence areas or special setbacks except where such
distances have been waived or reduced by a public authority, where upon the revised
distance, influence area or setback shall apply. Distances, influences areas or setbacks
shall be measured as set out for the respective requirement.
(a)
Sewage Treatment Plant
The minimum separation distance between the Town of Mattawa Waste Water
Treatment Plant and any sensitive land uses surrounding this facility shall be 100
m [328 ft.]. The distance separation shall be measured from the nearest edge of any
active waste stabilization pond to the nearest property boundary of a land to be used
for a sensitive land use or, where the minimum distance encroaches onto the lot of
land for a sensitive land use, the setback from the lot line to the nearest main wall
of the sensitive land use. An environmental impact statement shall be required
prior to permitting the reduction of the distance to less than 100 m [328 ft.],
provided it is demonstrated that there are no adverse effects and in no case shall the
minimum separation distance be reduced to less than 50 m [164 ft.].
(b)
Waste Management Facility
i)
The influence area shall be 500 m [1,640 ft.] from a sensitive land use (e.g.
residential use, daycare centre, educational or health facility) measured from
the boundary of the (licensed) fill area to the nearest property line of the
sensitive use. Within the influence area, no sensitive land use shall be
permitted unless an Environmental Impact Assessment is undertaken, to the
satisfaction of the approval authority, to demonstrate that the proposed
development will not negatively be impacted by the waste management
facility (e.g., leachate migration, methane gas, rodents, vectors, vermin, odour,
litter, noise, etc.);
ii)
No development or land use shall be permitted within 30 m [98.4 ft.] of the
(licensed) fill area of an active waste management facility; and
iii)
No waste management facility shall be permitted within 30 m [98.4 ft.] from
any watercourse, lake or pond.
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In addition, no waste management facility shall be permitted on land
covered by water or in any area subject to flooding (see Section 4.11.3);
(c)
Pits and Quarries:
The minimum separation distance between a sensitive land use (e.g., residential
use, daycare centre, educational or health facility) and the boundary of a Mineral
Aggregate Resource Area of a pit shall be 70 m [230 ft.] or 300 m [984 ft.] for a
quarry.
(d)
Industrial Uses:
i)
Class I Industrial: Includes light industrial uses defined as a place of
business for a small scale, self-contained plant or building which
produces/stores a product which is contained in a package and has low
probability of fugitive emissions e.g. noise, dust, odour and/or vibration.
There are daytime operations only, with infrequent movement of products
and/or heavy trucks and no outside storage. Examples include electronics
manufacturing, furniture repair, auto parts supply, packaging and crafting
services. The minimum separation distance from a sensitive land use (e.g.,
residential use, daycare centre, educational or health facility) shall be 20 m
[65.6 ft.] measured from property line to property line while the influence
area shall be 70 m [230 ft.];
ii)
Class II Industrial: Includes a place of business for medium scale processing
and manufacturing with outdoor storage of wastes or materials and or
periodic outputs of minor annoyance. There are occasional outputs of either
point source or fugitive emissions for noise, odour, dust and/or vibration and
low probability of fugitive emissions. Shift operations are permitted and there
is frequent movement of products and/or heavy trucks during daytime hours.
Examples include feed packing plant, paint spray booths, dry cleaning
services, electrical production manufacturing. The minimum separation
distance for this industrial classification from a sensitive land use (e.g.,
residential use, daycare centre, educational or health facility) shall be 70 m
[230 ft.] while the influence area shall be 300 m [984 ft.]; and
iii)
Class III Industrial: Describes large scale industries with substantial
variations in industrial processes, shift operations, large production
volumes, outdoor storage of raw and finished products and therefore
emissions (e.g., noise vibration, odour, particulate and gaseous discharges
or combinations may be anticipated). Examples of heavy industries
include refineries, salvage yard, pulp and paper mill etc. The minimum
separation distance for this industrial classification from a sensitive land
use (e.g., residential use, daycare centre, educational or health facility)
shall be 300 m [984 ft.] while the influence area shall be 1,000 m [3,280
ft.].
iv)
Where an industrial use or sensitive land use is an existing use and
an expansion or extension is proposed, the minimum separation
distance for a Class I, II or III Industry shall be measured from the
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nearest main wall of the building or structure occupied by the
sensitive land use and the nearest main wall of the building,
structure, processing area, assembly or manufacturing area
occupied by the industrial use.
v)
The minimum separation distance from a sensitive land may be
located on the property of the industrial use where the building or
processing component of the industrial use is setback the required
minimum separation distance from the property line abutting the
sensitive land use.
(e)
Agricultural Use:
The minimum separation distance shall comply with the Ministry of Agriculture,
Food and Rural Affairs Minimum Distance Separation Formulae I and II; and
(f)
Water Bodies
i)
Subject to Section 4.11, the minimum setback from the high water mark
for a dwelling, a non-residential or accessory building or structure on an
individual on-site sewage disposal service shall be 30 m [98.4 ft.] except
for a boat house, dock, wharf or low impact accessory structure such as
a steam or sauna bath, gazebo, storage shed, a deck, a marine facility or
marina. The setback shall be measured as the shortest horizontal
distance from the nearest main wall of the building or the edge of the
filter/tile bed to the high water mark. The setback from an intermittent
creek may be reduced to 15 m [49.2 ft.].
Shoreline Buffer Zone
ii)
A shoreline buffer zone shall be maintained between the high water
mark and any permitted use, building or structure except a marine
facility in a R, LSR and CR Zone. A shoreline buffer zone may be
interrupted to provide an access way or pathway to a water body or to
provide for a viewscape of the adjacent or abutting water body
provided that a clearing of the shoreline buffer zone shall not exceed
25% of the shoreline frontage of a lot occupied by a residential use or
50% for a commercial recreational use.
Wetland
iii)
No dwelling, non-residential or accessory building or structure or an
individual on-site sewage service shall be permitted within 30 m [98.4
ft.] of the boundary of a significant wetland or fish habitat.
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(g)
Ministry of Transportation
The minimum setback from a provincial highway or highway intersection with a
provincial highway for a building, structure, sign, open storage, outdoor display, a
patrol yard or land use including a snowmobile or ATV recreational trail shall be
as required by the Ministry of Transportation.
4.22 Natural Heritage Features
4.22.1 Deer Yards
In cases where a winter deer habitat (deer yard) is
indicated on the Zone Schedule as being on or
adjacent to a property that is the subject of a
development application, the following standards
will apply:
(a)
In narrow conifer fringe habitats that occur
along lake shorelines, larger frontages are
required due to the restricted nature of this
critical habitat feature. Shorelines tend to
be the most highly disturbed area during
development. A minimum of 120 m [400
ft.] frontage for lots is required; and
(b)
In areas where critical conifer habitat is distributed in larger patches throughout
the landscape and not restricted only to shorelines, a minimum lot width and
depth of 90 m [300 ft.] is required.
4.22.2 Requirements for Natural Heritage Features
No use of land, buildings or structures except a conservation use shall be permitted
within the distances prescribed below of an identified natural heritage feature as shown
on the Zone Schedules to this By-Law except where an Impact Assessment and/or
mitigating measures or conservation practices are implemented as approved by the public
body having jurisdiction:
Feature or Area
(a)
Habitat
of Endangered & Threatened Species
120m [393.7 ft.]
(b)
Significant Wetlands
120m [393.7 ft.]
(c)
Fish Habitat
120m [393.7 ft.]
(d)
Significant Wildlife Habitat
120m [393.7 ft.]
(e)
Areas of Natural and Scientific Interest
120 m from a significant area
of natural or scientific interest - life science and 50 m [164 ft.] for a significant
area of natural or scientific interest - earth science.
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4.23 Non-Conforming and Non-Complying Uses
(a)
Continuance of Existing Uses
Nothing in this By-law shall apply to prevent the use of any land, building or
structure for any purpose prohibited by the By-law if such land, building or
structure was lawfully used for such purpose on the day of the passing of the By-
law so long as it continues to be used for that purpose. The non-conforming use
of any land, building or structure shall not be changed except to a use which is in
conformity with the provisions of the zone in which the land, building or
structure is located, without permission from the Committee of Adjustment
pursuant to the Planning Act;
(b)
Prior Building Permits
Nothing in this By-law shall prevent the erection or use of any building or
structure for which a building permit has been issued under the Building Code
Act prior to the passing of this By-law, so long as the building or structure when
erected is used and continues to be used for the purpose for which it was erected
and provided the permit has not been revoked under the Building Code Act;
(c)
Road Widenings
Nothing in this By-law shall prevent the use of any land, building or structure or
the erection of any building or structure on a lot which does not comply to the
minimum lot frontage and/or lot area and/or front yard setback and in the case of
a corner lot, the side yard setback, as a result of a road widening taken by the
Municipality of Mattawan and the Ministry of Transportation of Ontario,
provided all other requirements of this By-law are complied with;
(d)
Reconstruction of Existing Use
Nothing in this By-law shall prevent the reconstruction or strengthening to a safer
condition of any non-conforming or non-complying building or structure which
is unintentionally damaged by fire or other natural cause provided the height and
bulk are not increased, approved flood proofing techniques are used (if required)
and provided that reconstruction is commenced within two (2) years;
(e)
Addition to Existing Building or Structure
Nothing in this By-law shall prevent the renovation, extension or addition to a
building, structure or private sanitary sewage disposal system which is used for a
purpose specifically permitted within the zone in which such building or
structure is located and which building or structure existed at the date of passing
of this By-law but which building or structure does not comply with one or more
of the zone requirements of this By-law, provided such renovation, extension or
addition does not further reduce the requirements of this By-law and does not
contravene any other requirements of this By-law or any requirements of
Ministries and agencies; and
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(f)
Existing Undersized Lots
Despite anything else contained in this By-law, where a vacant lot having a lesser
frontage and/or area than is required by this By-law is held under distinct and
separate ownership from adjoining lots, according to the register for land in the
Land Titles, or Registry Office, on the date of the passing of this By-law, it may
be used for a purpose permitted in the zone in which the said lot is located,
provided it can be adequately serviced with an individual on-site sewage and
water system, has an absolute lot area of not less than 0.3 ha [0.75 ac] and
provided all other applicable provisions in this By-law are complied with. The
following lots may be developed as undersized lots.
Roll No.
Location
Roll
Location
19606
M-536, Lot 4
32644
M-584, Lot 18
28174
M-518, Lot 9
32646
M-584, Lot 19
32616
M-584, Lot 7
367
Part of Lot 8, Con 8
32618
M-584, Lot 6
579
Part of Lot 1, Con 14
32620
M-584, Lot 5
580
Part of Lot 1, Con 14
32622
M-584, Lot 4
581
Part of Lot 1, Con 14
582
Part of Lot 1, Con 14
4.24 Occupancy Restrictions
Human habitation shall not be permitted in any of the following buildings, structures, or
parts thereof unless the building, structure, or parts thereof meet all requirements of the
Fire Code, the Ontario Building Code and any other applicable regulations, policies, or
Acts.
(a)
Any private garage or other building which is accessory to a residential use except
where the building or structure is converted to an additional residential unit in
compliance with Section 4.1.4 (d) of this By-law.
(b)
Any truck, bus, recreational vehicle, coach or streetcar body whether or not the
same is mounted on wheels; and
(c)
Any dwelling before the main wall and roof have been erected, the finished
roofing material has been installed and the kitchen, heating and sanitary
conveniences have been installed and are operating.
4.25 Outside Storage, Sales and Display
No person shall use any lot or part thereof for outside storage, sales or display except as
permitted by this By-law and as an area which has been specifically designed and set
aside for such purpose, is fully integrated with the main use of the lot and is in
accordance with the following:
(a)
Outside storage shall not be permitted within any required front yard and no
closer than 5.0 m [16.4 ft.] to any side lot line or rear lot line;
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(b)
Where outside storage areas abut a zone in which residential uses are permitted,
the required setback of the outside storage area shall be increased to 10.0 [32.8
ft.] and must also be visually screened from any zone in which residential uses
are permitted;
(c)
Any areas used for outside storage shall be in addition to any minimum off-street
parking or loading areas required by this By-law;
(d)
These provisions shall not apply to a garage or yard sale; and
(e)
An outdoor display area shall be permitted as an accessory use to any permitted
commercial use, industrial use or public service use provided that the outdoor
display area does not reduce any required parking area or loading space area
required by this By-law. All outdoor display areas shall be setback a minimum of
3 m [9.84 ft.] from any front lot line or interior side lot line. Despite the above,
seasonal sales of Christmas trees or a temporary (i.e. weekend) or a yard sale shall
be permitted to occupy a designated parking area but shall be subject to any
restrictions otherwise imposed by license or permit by the Municipality.
(f)
Auto Body Shop
The outside storage of damaged vehicles shall be visually obscured from any
adjacent land used or zoned to permit a residential dwelling.
(g)
Salvage Yard
The outside storage of vehicles, equipment or other commodities in an authorized
salvage yard shall be visually obscured from any adjacent public road or land
used or zoned to permit a residential dwelling with a solid fence having a
minimum height of not less than 2 m [5.65 ft.].
4.26 Parking and Storage of Vehicles
(a)
Except as provided herein, no vehicles shall be parked or stored in a zone in
which residential uses are permitted unless the vehicle is located within a garage,
carport, driveway, designated parking area or on a street as permitted by
Municipal By-law;
(b)
No parking space in a zone in which residential uses are permitted shall be used
for the outdoor parking or storage of a motor vehicle unless such vehicle is used
in operations incidental to the main permitted use of the lot on which it is parked
or stored and bears a motor vehicle license plate or sticker which is currently
valid;
(c)
Each standard parking space shall have a minimum width of 2.7 m [8.9 ft.] and a
minimum length of 6.0 m [19.7 ft.]. Each barrier-free parking space shall have a
minimum width of 3.7 m [12.1 ft.] and a minimum length of 6.0 m [19.7 ft.];
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(d)
Unless permitted elsewhere in this By-law, where two or more uses are permitted
in any one building or on any one lot, then the off-street parking requirements for
each use shall be calculated as if each use is a separate use, and the total number
of off-street parking spaces so calculated shall be provided;
(e)
The parking space requirements shall not apply to any building in existence at
the date of passing of this By-law so long as the gross floor area, as it existed at
such date, is not increased and no change in use occurs. If an addition is made to
the building or structure which increases the gross floor area, or a change in use
occurs than parking spaces for the addition or area changed in use shall be
provided;
(f)
Unless otherwise specifically provided elsewhere in this By-law, no driveway
which provides ingress and egress to and from any lot or parking space shall pass
through zones other than the one containing the permitted use;
(g)
Parking area for more than four vehicles, supplementary regulations:
i)
The parking area shall be constructed of crushed stone, asphalt paving,
concrete, paver stones, or similar materials and shall be maintained and
treated so as to reduce dust scattering of stones and similar undesirable
effects on adjoining properties and shall incorporate drainage facilities that
comply with the requirements of the Corporation;
ii)
Ingress and egress directly to and from every parking space shall be by
means of a driveway, lane or aisle having a width of at least 6.0 m [19.7
ft.] for two-way traffic and 3.5 m [11.5 ft.] for one-way traffic where
parking is angled; and
iii)
A driveway or lane which does not provide ingress and egress directly to a
parking space, shall have a minimum width of 3.5 m [11.5 ft.] where
designed for one-way vehicular circulation or 6.0 m [19.7 ft.] where
designed for two-way vehicular circulation.
(h)
Barrier Free (Handicapped Parking)
Wherever barrier-free access to a building is required under the Building Code,
one barrier-free parking space shall be provided for every 20 standard parking
spaces or part thereof and shall be included in the total number of parking spaces
required under the Schedule for Parking Requirements;
(i)
Except where permitted elsewhere in this By-law, the required parking for
residential uses of land shall be provided on the same lot as the dwelling unit. In
all other zones, parking shall be provided within 100 m [328 ft.] of the building or
lot it is intended to serve, subject to an agreement, deed or renewable lease which
provides for same;
(j)
Despite Section 4.25, if the calculation of the minimum parking space
requirement results in a fraction, the minimum requirement shall be the next
higher whole number.
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(k)
Drive-Through Facilities
Despite any other zone regulation in this By-law, where a use of land, building or
structure incorporates a drive-through facility, the following zone regulations
shall apply:
(i)
A drive-through facility shall be a permitted use in the CR and M1 zones.
(ii)
A drive-through facility is a principle use in combination with another
permitted use and shall comply with the zone regulations in the zone in
which the drive-through facility is located.
(iii)
The minimum dimensions of a stacking space in a stacking lane shall be
2.6 m by 5.5 m [8.5 ft. x 18 ft.].
(iv)
No part of any order station shall be located closer than 10 m [32.8 ft.]
from the property boundary of any property or lot occupied or zoned for a
residential use.
(v)
All drive-through facilities shall comply with the zone regulations for
parking as set out in Schedule for Parking requirements of this By-law.
(vi)
Stacking lanes for any drive-through facility shall be designed to
accommodate a minimum of six (6) motor vehicles.
4.27 Schedule for Parking Requirements
In any zone, the owner or occupant of any building or structure erected, enlarged or
changed in use after the date of passing of this By-law shall provide off-street parking in
accordance with the following provisions (see Table 4.27):
Table 4.27 Schedule for Parking Requirements:
USE
MINIMUM NUMBER OF REQUIRED PARKING
SPACES
Residential:
1 space plus 1 space for boat trailer parking per
dwelling unit on water access only properties
- Single-detached
dwelling
-
Duplex
dwelling
-
Accessory
Dwelling
-
Mobile Home
-
Park model
trailer
-
Seasonal
-
Converted
dwelling
-
Semi-detached
dwelling
-
Additional
Residential
Unit
-
Tiny House
Residential:
Municipality of Mattawan Zoning By-law
File P-2800
[Page 69]
USE
MINIMUM NUMBER OF REQUIRED PARKING
SPACES
-
Apartment dwellings
1space per dwelling unit, 15% of which shall be
reserved as visitor parking
Auto body shop, auto repair shop, auto service
station, gas bar
3 spaces per service bay plus 1 space per employee
Assembly hall, auditorium, dance hall, stadium,
theatre and similar places of public assembly
1 space for every 4 seats, fixed or otherwise and where
there are no seats, 1 space for every 10 m2 [107.6 ft2]
assembly space
Building supply store, lumber yard, garden centre,
nursery
1 space for each 20 m2 [215.2 ft2] of gross floor area
and 1 space for each 35 m2 [376.7 ft2] of open storage
Clinic
6 spaces per doctor
Day nursery - licensed
1 space per employee and 1 space per 5 children
General business, retail store, convenience store,
grocery store, commercial and personal service
establishment, bank, office, meeting rooms,
professional office or funeral parlour
1 space per 20m2 [215.2 ft2] of gross floor area,
minimum
5 spaces
Home Based Business
2 spaces plus 1 space for each employee
Hotel, motel, tourist outfitters (with road access)
1 space per guest unit, plus 1 space for each 6 persons
of designated seating capacity of any accessory eating
establishment
Manufacturing, industrial storage or wholesale,
warehouse
1 space per 95 m2 [1022.6 ft2] of gross floor area plus 1
space per every 3 employees per shift
Nursing home, convalescent home, home for the
aged
1 space for every 6 patient beds plus 1 space for every 4
employees
Place of worship
1 space for every 5 seats, fixed or otherwise
Restaurant, restaurant-drive-in, beverage
establishment, tavern, road house
1 space per 10 m2 [107.6 ft2] of gross floor area
School
2 spaces per classroom
School - Private
4 spaces per classroom
All other uses not listed above
1 space per 30 m2 [322.9 ft2] of gross floor area
4.28 Parts of Buildings or Structures Permitted Above Height Level
The height regulations herein set forth shall not apply to any of the following:
(a) Air conditioning system
(b) Chimney
(c) Church spire or belfry
(d) Drying tower
(e) Elevator or stairway enclosure
(f) Enclosed mechanical and electrical equipment
(g) Farm buildings and structures such as a barn, silo or windmill
Municipality of Mattawan Zoning By-law
File P-2800
[Page 70]
(h) Flag pole
(i) Hydro electric transmission tower
(j) Mine Headframe
(k) Receiving and transmitting antenna
(l) Receiving stations
(m) Satellite dish/receiver
(n) Smoke Stack or Emissions Stack
(o) Solar panels
(p) Ventilating fan or skylight
(q) Water tower or tank
(r) Wind Turbine
4.29 Permitted Projections
Every part of any yard required by this By-law shall be open and unobstructed by any
structure from the ground to the sky except that those structures listed in the following
table shall be permitted to project into the minimum yards required by this By-law for the
following specified distances (see Table 4.29):
Municipality of Mattawan Zoning By-law
File P-2800
[Page 71]
Table 4.29 - Permitted Projections
STRUCTURE
MAXIMUM PROJECTION INTO REQUIRED YARD
Chimney breasts, cornices, sills,
bay windows, pilasters, eaves or
gutters, solar collectors where
attached to a building, shutters
cornices, parapets or other
ornamental structures
0.75 m [2.46 ft.] into any required front yard, rear yard or interior
side yard
Canopies which are at least 2.13
m (7 ft.) in vertical clearance
above the established grade,
with or without supporting posts
2 m [6.5 ft.] into any required yard
Canopies for entrances to
apartment buildings and
commercial buildings
Despite any other provisions in this By-law, a canopy or portico over
a major entrance to an apartment building or commercial building
may project into the required yard a distance equal to one-half (½)
the setback of the building from the street line
Window awnings
1.2 m [3.9 ft.] into any required yard
Steps, ramps and walkways for
use by persons with disabilities
No maximum into any required yard provided they are no closer than
0.5 m [1.6 ft.] to any lot line
Porch, uncovered platform
landing, patio or deck, balconies
or steps
No maximum into any side yard provided they are no closer than 0.5
m [1.6 ft.] to any lot line and 3 m [9.8 ft.] into any required front or
rear yard
Air conditioner
0.5 m [1.6 ft.] into any yard
Fire escapes, exterior stair cases
from a building having two
storeys or more above grade
1.5 m [4.92 ft.] into an interior side or rear yard only
Heat pump or geothermal power
facility
1.5 m [5 ft.] into an interior side yard or rear yard
Accessory building
As permitted by and as specified in this By-law
Municipality of Mattawan Zoning By-law
File P-2800
[Page 72]
4.30 Prohibited Uses
The following uses are prohibited in any zone, unless otherwise permitted by this
by-law:
(a)
Adult Entertainment Parlour and Body Rub Parlour; and
(b)
The use of any accessory building or structure, boathouse or
storage container for human habitation except as permitted in
Section 4.1.4.; and
(c)
The storage of inoperative rail cars, streetcars, buses, truck bodies or
trailers without wheels; and
(d)
The parking or storage of commercial motor vehicles or inoperative
farm vehicles on a vacant lot; and
(e)
The outdoor storage of partially dismantled and/or unlicensed motor
vehicles or recreational vehicles, or trailers or motor vehicle or
trailer parts; and
(f)
Obnoxious uses; and
(g)
Smelters, ethanol plants, the manufacturing, refining, rendering or
distillation of acid, ammonia, chlorine, coal, coal oil, creosote,
explosives, fireworks, glue, petroleum, tar or other gases; and
Table 4.29 - Permitted Projections
STRUCTURE
MAXIMUM PROJECTION INTO REQUIRED YARD
Fences, hedges, shrubs, trees,
freestanding walls and retaining
walls, flagpoles, light standards,
garden trellises, clothes lines,
bicycle racks and similar
structures or features
No maximum into any yard except with respect to the zone
regulations for a sight triangle
Solar collector, wind turbine,
No maximum into any rear yard only provided they are no closer
than 3 m [9.8 ft.] to an interior side yard or rear yard lot line
Commercial Solar Collector,
commercial wind turbine
No maximum into any yard provided they are no closer than 3 m
[9.8 ft.] to an interior side yard or rear yard lot line or 10 m [32.8
ft.] from a street line
Municipality of Mattawan Zoning By-law
File P-2800
[Page 73]
(h)
The bulk storage of industrial chemicals, and hazardous waste, or liquid
industrial waste as defined under the Environmental Protection Act,
R.S.O., c. E.19, as amended.
4.31 Recreational Vehicles
No recreational vehicle shall be used in the Rural (R) or Limited Service Rural (LSR)
Zones except in accordance with the following requirements and standards:
(a)
A recreational vehicle shall not be used as a dwelling unit or for permanent
occupancy;
(b)
A recreational vehicle shall be permitted within a recreational vehicle park,
private campground, recreational campground or a tourist campground;
(c)
One recreational vehicle only may be stored on a lot occupied by a seasonal
dwelling or a permanent dwelling and may be used for short term accommodation
for a period not exceeding a total accumulated period of 30 days in a calendar
year;
(d)
One recreational vehicle only may be stored on a vacant lot of record provided all
of the zone regulations for the respective zone are complied with (i.e., lot area
and lot frontage, yard setbacks and shoreline setbacks);
(e)
One recreational vehicle only may be used on a vacant lot of record for leisure or
vacation purposes provided:
i)
The period of occupancy does not exceed a total accumulated period of 60
days in a calendar year; and
ii)
The lot is serviced with an approved sewage disposal system; and
iii)
Except for a deck, no enclosures, roof-overs, extensions or additions are
constructed unless such structures have been specifically designed or pre-
engineered for the recreational vehicle by the manufacturer or after-
market manufacturer and are capable of being removed. No such
structures shall be permitted which have the effect of rendering the
recreational vehicle as a permanent structure or permanent residential
dwelling on a lot or site; and
iv)
One only detached private garage or accessory storage building or
structure may be constructed; and
v)
All of the zone regulations for the respective zone are complied with (i.e.,
lot area and lot frontage, yard setbacks and shoreline setbacks).
(f)
The Municipality may impose a license fee as permitted pursuant to the
Municipal Act for the use of any recreational vehicle(s) on a vacant lot of record.
Municipality of Mattawan Zoning By-law
File P-2800
[Page 74]
On a vacant lot of record exceeding 5 ha [12.3 ac], one additional recreational vehicle
shall be permitted to be used for a period not exceeding a total accumulated period of 30
days in a calendar year.
4.32 Sight Triangles
On a corner lot no obstruction higher than 0.75 m [2.5 ft.] (except a chain link fence for a
school or park) shall be permitted on that part of a lot at the street corner composed of a
triangle having sides 5.0 m [16.4 ft.] in length along each street line measured from the
street corner formed by the lot lines, or by the straight line projection of lot lines when lot
lines are connected by a curved line.
4.33 Signs
Unless otherwise stated in this By-law, signs shall be permitted only in accordance with
the applicable by-law(s) of the Township.
4.34 Streets and Parks
In any zone established by this By-law, streets, walkways, bike paths and parks are
permitted.
4.35 Temporary Buildings or Structures During Construction
Nothing in this By-law shall prevent the use of land or the use or erection of a temporary
building or structure or a scaffold or other equipment essential to the construction in
progress for which a building permit has been granted, but only until such time as the
work has been finished or abandoned or such equipment is no longer required.
In addition, temporary accommodation for a business or other use which is intended to
occupy a building which is under construction with the work in progress on such
building, may be temporarily permitted on the same lot in the form of a mobile,
relocatable, portable or transportable building provided:
(a)
Approval is obtained pursuant to the matters contained herein; and
(a)
Such temporary accommodation is removed from the lot immediately upon
completion of construction, abandonment of construction or at such time as in the
opinion of the Corporation it is no longer required.
4.36 Use by Public Authority or Public Utility
The provisions of this By-law shall not apply to the use of any land or to the erection or
use of any utility installation for the purpose of public service by the Municipality of
Mattawan and/or any public authority, any department of the Government of Ontario or
Canada, including any Hydro One facilities pursuant to the Planning Act, or publicly
Municipality of Mattawan Zoning By-law
File P-2800
[Page 75]
licensed authority provided that where such land, building or structure is located in or
abutting a zone in which residential uses of land are permitted:
(a)
No goods, materials or equipment shall be stored in the open;
(b)
The lot coverage and setback regulations of the zone in which such land, building
or above ground structure is located shall be complied with; and
(c)
Parking and loading requirements as contained in this By-law shall be complied
with.
A communications facility established by a public or private authority shall be permitted
in any Rural (R) Zone or Limited Service Rural (LSR) Zone, provided the construction
standard complies with the applicable provincial and federal statutes and regulations and
provided that the base of any freestanding tower is set back a minimum of 30 m [98.4 ft.]
from any lot line.
4.37 Water and Sewage Disposal Systems
No person shall hereafter erect or use in whole or in part, any building or structure for
any residential, commercial or industrial purposes on any land unless the use, building or
structure is properly connected to an approved water supply and sewage disposal system
or the applicant possesses a valid Environmental Compliance Approval for same.
4.38 Wind Turbine and Renewable Energy Undertaking
The minimum setback for any wind turbine shall be 10 m [32.8 ft.].
4.39 Zones Applying to More than One Property
Where a lot is divided into more than one zone, each such portion of the lot shall be used
in accordance with the provisions of this By-Law for the zone where such portion of the
lot is located. Each such portion of the lot shall be considered as a separate lot for the
purposes of determining zone provisions.
Municipality of Mattawan Zoning By-law
File P-2800
[Page 76]
Section 5
ZONES
5.1
ZONE CLASSIFICATION
For the purposes of this By-law, the Municipality of Mattawan is divided into the
following zones as named and described in the following sections, the boundaries of
which are shown on Schedule "A" which is attached and forms part of this By-law.
5.2 ZONES
Zone Symbol
-
Rural .................................................................................................... R
-
Limited Service Rural .................................................................... LSR
-
Commercial/Recreational .................................................................. CR
-
General Industrial .............................................................................. M1
-
Mineral Aggregate Resource ........................................................... MX
-
Sewage Treatment Plant ................................................................... STP
Constraint Areas
-
Environmental Protection Constraint Area ........................................ EP
Municipality of Mattawan Zoning By-law
File P-2800
[Page 77]
5.3
INTERPRETATION OF ZONE BOUNDARIES
When determining the boundary of any zone as shown on any Schedule forming part of
this By-law, the following provisions shall apply:
(a)
A boundary indicated as following a highway, street or lane shall be the centre
line of such highway, street or lane;
(b)
A boundary indicated as following a watercourse, creek, stream or the right-of-
way of a railway or an electrical, gas or oil transmission line shall be the centre
line of such watercourse, creek, stream or right-of-way;
(c)
A boundary indicated as following the shoreline shall follow such shoreline, and
in the event of a change in the shoreline, the boundary shall be construed as
moving with the actual shoreline;
(d)
A boundary indicated as approximately following lot lines shown on a Registered
Plan of Subdivision, or Reference Plan, or Township lot lines shall follow such
lot lines;
(e)
Where a boundary is indicated as approximately parallel to a street line or other
feature, indicated in clause (a), (b), and (c) above, and the distance from such
street line or other feature is not indicated, and clause (d) above is not applicable,
such boundary shall be construed as being parallel to such street line or other
feature, and the distance therefrom shall be determined according to the scale
shown on the appropriate Schedule;
(f)
A boundary indicated as following the limits of the Municipality shall follow
such limits;
(g)
In the event a dedicated street, lane or right-of-way shown on any Schedule
forming part of this By-law is closed, the property formerly in such street, lane or
right-of-way shall be included within the zone of the adjoining property on either
side of such closed street, lane or right-of-way. If a closed street, lane or right-of-
way is the boundary between two or more different zones the new zone
boundaries shall be the former centre line of the closed street, lane or right-of-
way; and
(h)
In the event a zone boundary, setback or dimension cannot be determined by any
of the above means, a scale bar may be used to calculate the affected dimension.
Municipality of Mattawan Zoning By-law
File P-2800
[Page 78]
5.4
RURAL - R
No person shall use any land or erect, alter or use any building or structure in the Rural -
R zone except in accordance with the provisions of this Section and of any other relevant
Sections of this By-law.
5.4.1 Permitted Uses
-
Airfield
-
Agricultural Use
-
Ambulance Facility
-
Animal Day Care
Establishment
-
Animal Shelter
-
Antique Store
-
Brewery or Winery
-
Camp
-
Campground - Private
-
Campground - Recreational
-
Catering Establishment
-
Cemetery
-
Commercial Greenhouse
-
Commercial Solar Collector
-
Communications Facility
-
Community centre
-
Construction Yard or
Contractor's Yard
-
Continuum-of-Care Facility
-
Convenience Store
-
Crisis Care Facility
-
Day Nursery (licensed)
-
Dwelling - Duplex
-
Dwelling - Park Model
Trailer
-
Dwelling - Seasonal
-
Dwelling - Semi-detached
-
Dwelling - Single Detached
-
Dwelling - Tiny House
-
Equestrian Establishment
-
Farmer's Market
-
Forestry Uses
-
Garage - Municipal
-
Geothermal Power Facility
-
Green Energy Industries
-
Golf Course
-
Group Home
-
Helipad
-
Heliport
-
Hobby Farm
-
Institutional Use
-
Livestock Facility
-
Livestock Sales Outlet
-
Log Hauling Operation
-
Logging Camp
-
Marine Facility
-
Mobile Home
-
Outdoor Recreation Use
-
Park
-
Parking Area
-
Place of Worship
-
Place of Assembly
-
Portable Asphalt/Concrete Plant
-
Private Club
-
Public Access Point
-
Public Service Use
-
Public Utility
-
Renewable Energy System
-
School
-
Temporary Work Camp
-
Veterinary Establishment
-
Wayside Pit or Quarry
-
Wind Turbine
-
Wind Farm
-
Workshop or Custom Workshop
Permitted Accessory Uses
-
Accessory Use, building or structure (see 4.1.1)
-
Additional Residential Unit (see 4.1.4)
-
Bed and Breakfast Establishment (see 4.1.3)
Municipality of Mattawan Zoning By-law
File P-2800
[Page 79]
-
Boat House (see 4.1.1 (e))
-
Day Care for Children (Private Home) (see 4.7)
-
Dock
-
Dwelling, Apartment-in-a-House (Granny Suite)
-
Farm Produce Outlet
-
Farm Vacation Establishment
-
Fence
-
Garage
-
Garden Suite
-
Guest Cabin (see 4.1.4)
-
On-Farm Diversified Uses for an Agricultural Use
-
Home Based Business (see 4.16)
-
Recreational Vehicle (see 4.31)
-
Solar collector
-
Storage Container (see 4.1.5, 4.1.6)
-
Studio
-
Swimming Pool (see 4.1.2)
-
Temporary Car Shelter
-
Wind turbine
5.4.2 Zone Requirements
(a)
Kennel, Veterinary Establishment with a Kennel and Hobby Farm
Minimum Lot Area ...............................................................................4 ha [9.8 ac.]
Minimum Lot Area - Hobby Farm ........................................................... 2 ha [4.9]
Minimum Lot Frontage ................................................................... 92 m [301.8 ft.]
Minimum Yard Requirements
- All Yards ....................................................................................... 30 m [98.4 ft.]
Maximum Building Height .............................................................. 10 m [32.8 ft.]
Maximum Building Height - Accessory Building ............................. 6 m [19.7 ft.]
Minimum Separation Distance Between a Main Building
and an Accessory Building .................................................................... 2 m [6.4 ft.]
(b)
Residential
Minimum Lot Area per Dwelling Unit ............................................0.8 ha [1.97 ac.]
Minimum Lot Frontage ..................................................................... 30 m [98.4 ft.]
Minimum Yard Requirements:
- Front Yard ................................................................................. 7.5 m [24.6 ft.]
- Rear Yard ................................................................................... 7.5 m [24.6 ft.]
- Interior Side Yard ........................................................................... 3 m [9.8 ft.]
- Exterior Side Yard ........................................................................ 6 m [19.6 ft.]
Maximum Building Height:
Municipality of Mattawan Zoning By-law
File P-2800
[Page 80]
- Main Building ................................................................................ 11 m [36 ft.]
- Accessory Building ....................................................................... 6 m [19.6 ft.]
Maximum Lot Coverage ................................................................................... 10 %
Maximum No. of Dwellings per Lot:
- Single detached dwelling, seasonal dwelling, mobile home, park
model trailer ......................................................................................................1
- Duplex dwelling, Semi-detached dwelling, converted dwelling ......................1
Minimum Separation Distance between the Main
Wall of Adjacent Detached Dwelling Units ............................ 6 m [19.6 ft.]
Minimum Separation Distance Between a Main Building
and an Accessory Building ..................................................................... 2 m [6.4 ft.]
(c)
All Other Uses
Minimum Lot Area ..........................................................................0.8 ha [1.96 ac.]
Minimum Lot Frontage .................................................................. 45 m [147.6 ft.]
Minimum Yard Requirements:
- Front Yard ................................................................................... 15 m [49.2 ft.]
- All Other Yards ............................................................................ 10 m [32.8 ft.]
Maximum Lot Coverage .................................................................................... 25%
Maximum Building Height - Main Building ...................................... 11 m [36 ft.]
Maximum Building Height - Accessory Building .............................. 6 m [19.6 ft.]
Minimum Separation Distance Between a Main Building
and an Accessory Building ................................. 2 m [6.4 ft.]
5.4.3 Additional Provisions
(a)
New development and land uses and new or expanding livestock facilities in the
Rural zone will comply with the Minimum Distance Separation Formulae I and
II;
(b)
No part of any kennel may be located closer than 100 m [328 ft.] to a dwelling
unit on another lot;
(c)
Parks shall not be subject to minimum lot area or lot frontage requirements but
shall comply with the setback requirements of Section 5.4.2 (c);
(d)
Cemeteries shall not be governed by the above standards but shall conform with
the Funeral, Burial and Cremation Services Act, 2002;
Municipality of Mattawan Zoning By-law
File P-2800
[Page 81]
(e)
Despite anything in Section 5.4.2 (c) to the contrary, Communications Facilities,
Wayside Pits and Wayside Quarries shall be subject only to a minimum yard
requirement of 15 m [49.2 ft.];
(f)
A garden suite shall be permitted subject to Section 4.12;
(g)
The minimum interior side yard shall not apply to the party wall of a semi-
detached dwelling;
(h)
A lot occupied by a dwelling unit other than an agricultural use may be used for
the keeping of livestock up to one (1) nutrient unit provided the minimum lot
area shall be 4 ha [9.88 ac] and provided any associated livestock facility or
manure or material storage complies with the Minimum Distance Formula I.
(i)
All applicable zone regulations of Section 4 - General Provisions shall apply.
5.4.4 Exception Zones
(a)
Part of Lot 35, Concession 6, Township of Mattawan
(By-law 304)
AND
Part of Lot 35, Concession 7, Township of Mattawan, Remainder of Parcel
3640, Parcel 25186 (being Lot 1, Plan M-518) and Parcel 2682, Nipissing
(By-law 536-86)
On Part of Lot 35, Concession 6, AND ON Part of Lot 35, Concession 7,
Township of Mattawan, Remainder of Parcel 3640, Parcel 25186 (being Lot 1,
Plan M-518) and Parcel 2682, Nipissing, the following exceptions to this By-
law shall apply:
Minimum Lot Area ................................................................ 2,861 m2 [30,800 ft.2]
Minimum Lot Depth ........................................................................... 67 m [220 ft.]
Minimum Lot Frontage ................................................................... 42.6 m [140 ft.]
Minimum Front Yard ........................................................................ 15.2 m [50 ft.]
Minimum Interior Side Yard............................................................. 6.09 m [20 ft.]
Minimum Rear Yard.......................................................................... 7.62 m [25 ft.]
Maximum Building Height ............................................................. 10.66 m [35 ft.]
Maximum Lot Coverage .................................................................................... 25%
Minimum Floor Area .................................................................. 55.74 m2 [600 ft.2]
Minimum Interior Side Yard or Rear Yard for an Accessory Building
............................................................................................................ 3.04 m [10 ft.]
Maximum Height - Accessory Building ............................................ 4.57 m [15 ft.]
Maximum Floor Area - Accessory Building ............................... 55.74 m2 [600 ft.2]
(b)
Part of Broken Lot 38, Concession 4, Township of Mattawan (By-law 311)
(Carol Sue Subdivision)
On Part of Broken Lot 38, Concession 4, Township of Mattawan, the
following exceptions to this By-law shall apply:
Permitted Uses
Municipality of Mattawan Zoning By-law
File P-2800
[Page 82]
- Single Detached Dwelling (SF on Exhibit 1)
- Seasonal Dwelling (S.R. on Exhibit 1)
- Open Space
Despite Exhibit 1, a single detached dwelling or seasonal dwelling may be erected
on any residential lot.
Prohibited Uses
- Mobile Home
- Recreational Vehicle
Zone Requirements
Minimum Lot Area .......................... Existing Lot Area of any Lot in Subdivision
Minimum Lot Frontage ....................................................... As set out in Exhibit 1
Minimum Front Yard ........................................................................ 8 m [26.2 ft.]
Minimum Interior Side Yard - Main Building ................................. 3 m [9.84 ft.]
- Accessory Building .......................... 2 m [6.56 ft.]
Minimum Exterior Side Yard ............................................................ 8 m [26.2 ft.]
Minimum Rear Yard - Main Building ............................................... 11 m [36 ft.]
- Accessory Building ...................................... 2 m [6.56 ft.]
Maximum Height - Main Building .................................................... 11 m [36 ft.]
- Accessory Building ............................................ 5 m [16.4 ft.]
Maximum Lot Coverage - Main Building ....................................................... 35%
- Accessory Building .................................................. 8%
Minimum Floor Area ................................................................... 70 m2 [753.4 ft.2]
Minimum Setback from Drainage course between Lots 7 and 8 .............................
................................................................................................ 15 m [49.2 ft.]
Minimum Setback from Pond and Drainage Course in Lot 11 .....................
................................................................................................ 30 m [98.4 ft.]
Maximum No. Dwellings per Lot ................................................................1
Additional Zone Provisions
No buildings or structures shall be constructed on any property shown as
>R= on Exhibit 1.
Permitted uses on lands shown as >O= on Exhibit 1 include a park, play
area, conservation area, yards associated with adjacent dwellings, but no
building or structure shall be erected which may interfere with the safe and
efficient use of the power transmission corridor.
An accessory use to a permitted dwelling may only be constructed in a side
or rear yard.
Municipality of Mattawan Zoning By-law
File P-2800
[Page 83]
Municipality of Mattawan Zoning By-law
File P-2800
[Page 84]
(a)
Despite the provisions of Section 5.4.2(b) and Section 4.21 (f), the following lots
shall be deemed to comply with the minimum lot area:
- Part of Lot 32, Concession 8, Parcel 16577, Roll # 481900000136700,
0.17 ac.
- Part of Lot 1, Concession 14, Parcel 19693 NI, Roll # 481900000158100,
0.22 ac.
- Part of Lot 1, Concession 14, SR Loc TT-95, Roll $ 481900000158200,
0.32 ac.
- Part of Lot 1, Concession 14, Parcel 19644 NI, Roll # 481900000157900,
0.34 ac.
- Part of Lot 1, Concession 14, Parcel 19978 NI, Roll # 481900000158000,
0.35 ac.
- Argos Road, Roll # 481900000145320, 0.45 ac.
- Laurentian Cres., Roll # 481900000132644, 0.62 ac.
- Laurentian Cres., Roll # 481900000132646, 0.63 ac.
- Mount Antoine Road, Roll # 481900000132622, 0.68 ac.
- Plan M536, Lot 4, Roll # 481900000119606, 0.68 ac.
- Mount Antoine Road, Roll # 481900000, 0.7 ac.
- Part Lot 22, Concession 11, Parcel 14016 N, Roll # 481900000150200,
0.71 ac.
- Antoinette Drive, Roll # 481900000128174, 0.71 ac.
- Mount Antoine Road, Roll # 481900000132616, 0.74 ac.
- Mount Antoine Road, Roll # 481900000132618, 0.74 ac.
- Antoinette Road, Roll # 481900000128180, 0.75 ac.
- Antoinette Road, Roll # 481900000128162, 0.75 ac.
- Antoinette Road, Roll # 481900000128182, 0.75 ac.
- Laurentian Cres., Roll # 481900000132632, 0.78 ac.
- Laurentian Cres., Roll # 481900000132634, 0.78 ac.
- Antoinette Drive, Roll # 481900000128170, 0.82 ac.
- Mount Antoinette, Roll # 481900000132610, 0.85 ac.
- Antoinette Drive, Roll # 481900000128176, 0.86 ac.
- Antoinette Drive, Roll # 481900000128184, 0.86 ac.
- Plan M536, Lot 3, Roll # 481900000119604, 0.86 ac.
- Antoinette Drive, Roll # 481900000128172, 0.86 ac.
- Antoinette Drive, Roll $ 481900000128178, 0.86 ac.
Municipality of Mattawan Zoning By-law
File P-2800
[Page 85]
5.5
LIMITED SERVICE RURAL - LSR
(This explanatory note does not form part of the By-law. The limited service zone
identifies land which does not have access to frontage on an opened and maintained
public street or a year round maintained public street and means that municipal services
which may normally be provided will not be guaranteed including, but not limited to,
snow ploughing, road upgrading, school bussing, garbage pick-up, access by emergency
vehicles.)
No person shall use any land or erect, alter or use any building or structure in the
Limited Service Rural - LSR zone except in accordance with the provisions of this
Section and of any other relevant Sections of this By-law.
5.5.1 Permitted Uses
-
Agricultural Use
-
Camp
-
Campground - Private
-
Communications Facility
-
Dwelling - Duplex
-
Dwelling - Seasonal
-
Dwelling - Semi-detached
-
Dwelling - Single Detached
-
Dwelling - Tiny House
-
Forestry Uses
-
Logging Operation
- Marine Facility
- Mobile Home
- Park
- Parking Area
- Public Service Use
- Wayside Pit
- Wayside Quarry
Permitted Accessory Uses
-
Accessory Use, building or structure (see 4.1.1)
-
Additional Residential Unit (see 4.1.4)
-
Bed and Breakfast Establishment (see 4.1.3)
-
Boat House (see 4.1.1 (e))
-
Dock
-
Dwelling, Apartment-in-a-House (Granny Suite)
-
Farm Produce Outlet (see 4.1.1)
-
Farm Vacation Establishment
-
Fence
-
Garage
-
Garden Suite
-
Guest Cabin (see 4.1.4)
-
Home Based Business (see 4.16)
-
On-farm Diversified uses for an Agricultural Use
-
Recreational Vehicle (see 4.31)
-
Solar Collector
-
Storage Container (see 4.1.5, 4.1.6)
-
Studio
-
Swimming Pool (see 4.1.2)
Municipality of Mattawan Zoning By-law
File P-2800
[Page 86]
-
Temporary Car Shelter
-
Wind Turbine
5.5.2 Zone Requirements
(a)
Residential
Minimum Lot Area per Dwelling Unit ............................................0.8 ha [1.96 ac.]
Minimum Lot Frontage ..................................................................... 30 m [98.4 ft.]
Minimum Yard Requirements
- Front Yard ................................................................................... 7.5 m [24.6 ft.]
- Rear Yard ..................................................................................... 7.5 m [24.6 ft.]
- Interior Side Yard ............................................................................. 3 m [9.8 ft.]
- Exterior Side Yard .......................................................................... 6 m [19.6 ft.]
Maximum Building Height
- Main Building ................................................................................. 11 m [36 ft.]
- Accessory Building ........................................................................... 6 m [9.6 ft.]
Maximum Lot Coverage ................................................................................... 10 %
Maximum No. of Dwelling Units per Lot:
- Single detached dwelling, seasonal dwelling, mobile home .............................1
- Duplex dwelling, Semi-detached dwelling, converted dwelling .......................1
Minimum Separation Distance Between a Main Building
and an Accessory Building ............................................. 2 m [6.4 ft.]
(b)
All Other Uses
Minimum Lot Area ......................................................................................0.8 ha [1.96 ac.]
Minimum Lot Frontage ............................................................................... 45 m [147.6 ft.]
Minimum Yard Requirements
- Front Yard ..................................................... 15 m [49.2 ft.]
- All Other Yards .............................................. 10 m [32.8 ft.]
Maximum Lot Coverage ................................................................................................ 25%
Maximum Building Height - Main Building .................................................. 11 m [36 ft.]
Maximum Building Height - Accessory Building .......................................... 6 m [19.6 ft.]
Minimum Separation Distance Between a Main Building
and an Accessory Building ............................................. 2 m [6.4 ft.]
5.5.3 Additional Provisions
Municipality of Mattawan Zoning By-law
File P-2800
[Page 87]
(a)
New development and land uses and new or expanding livestock facilities in the
LSR zone will comply with the minimum distance separation formulae;
(b)
Parks shall not be subject to minimum lot area or lot frontage requirements but
shall comply with the setback requirements of Section 5.5.2 (b);
(c)
Despite anything in Section 5.5.2 (b) to the contrary, Communications Facilities,
Wayside Pits and Wayside Quarries shall be subject only to a minimum yard
requirement of 15 m [49.2 ft.];
(d)
All islands are zoned Limited Service Rural (LSR) unless otherwise noted;
(e)
The minimum interior side yard shall not apply to the party wall of a semi-
detached dwelling;
(f)
A lot occupied by a dwelling unit, other than an agricultural use may be used for
the keeping of livestock up to one (1) nutrient unit provided the minimum lot area
shall be 4 ha [9.88 ac] and provided any associated livestock facility or manure or
material storage complies with the Minimum Distance Formulae I; and
(g)
All applicable zone regulations of Section 4 - General Provisions shall apply.
Municipality of Mattawan Zoning By-law
File P-2800
[Page 88]
5.6
COMMERCIAL/RECREATIONAL - CR
No person shall use any land or erect, alter or use any building or structure in the
Commercial Recreational - CR zone except in accordance with the provisions of this
Section and of any other relevant Sections of this By-law.
5.6.1 Permitted Uses
- Adventure Game
-
Animal Day Care
Establishment
-
Auto Body Shop
-
Auto Service Station
-
Automotive Sales
Establishment
-
Brewery or Winery
-
Building Supply Store
-
Camp
-
Campground - Recreational
-
Campground - Tourist
-
Car Washing Establishment
-
Clinic
-
Communications Facility
-
Convenience Store
-
Drive-through Facility (see
4.26 (k)
-
Equestrian Establishment
-
Equipment Rental
Establishment
-
Existing Dwelling
-
Farmer's Market
-
Fitness Centre
-
Flea Market
-
Funeral Parlour
-
Institutional Use
-
Laundromat
-
Lumber Yard
-
Marina
-
Marine Facility
-
Microbrewery
-
Office
-
Parking Area
-
Parking Lot - Commercial
-
Personal Service
Establishment
-
Propane Bar
-
Public Service Use
-
Printing and Publishing
Establishment
-
Private Club
-
Recreational Commercial
Establishment
-
Restaurant, Restaurant - Take out
-
Retail Store
-
Self-storage Facility
-
Service Outlet
-
Shooting Range or
Rifle Club
-
Solar Collector - Commercial
-
Studio
-
Tavern or Roadhouse
-
Tourist Establishment
-
Tourist Outfitters Establishment
-
Warehouse
Permitted Accessory Uses
-
Accessory Dwelling
-
Accessory Use, building or structure
-
Fence
-
Garage
-
Recreational Vehicle (see 4.30)
-
Storage Container (see 4.1.5, 4.1.6)
-
Swimming Pool (see 4.1.2)
-
Temporary Car Shelter
-
Wind Turbine
File P-2800
[Page 89]
5.6.2 Zone Provisions
Minimum Lot Area
- Per Dwelling ...............................................................................0.8 ha [1.96 ac.]
- Other Uses ......................................................................................1 ha [2.47 ac.]
Minimum Lot Frontage ............................................................................... 45 m [147.6 ft.]
Minimum Yard Requirements
- Front Yard .................................................................................... 10 m [32.8 ft.]
- Rear Yard ..................................................................................... 7.5 m [24.6 ft.]
- Side Yard Interior ........................................................................ 7.5 m [24.6 ft.]
- Side Yard Exterior ....................................................................... 7.5 m [24.6 ft.]
Maximum Building Height
- Main Building 11 m [32.8 ft.]
- Accessory Building ......................................................................... 6 m [19.6 ft.]
Maximum Lot Coverage
- Residential Use only .................................................................................... 10 %
- Other uses .................................................................................................... 25 %
Maximum No. of Dwellings per Lot....................................................................................1
Minimum Separation Distance between the
Main Wall of Adjacent, Detached Dwelling Units ......................................... 6 m [19.6 ft.]
Minimum Separation Distance Between a Main Building
and an Accessory Building ................................................................................ 2 m [6.4 ft.]
5.6.3 Additional Provisions
(a)
Development on lands within the Commercial Recreational (CR) Zone shall be on
lots with frontage on a public street;
(b)
The provision for frontage on a public street may be exempted for a campground-
tourist, marina, marine facility, recreational commercial establishment or
tourist establishment which has water access only, provided that there is public
access to the lake, that the public access fronts onto a public street and that there
is adequate parking for the permitted recreational use at the public access point;
(c)
Indicates uses which shall only be permitted along the Highway 17 corridor and
within 200 m [656 ft.];
(d)
Where a commercial zone abuts a residential zone or a residential use or a
sensitive land use on an adjacent lot, a landscaped strip of not less than 1.5 m
[4.92 ft.] in width shall be provided along the abutting lot line(s);
File P-2800
[Page 90]
(e)
Where a commercial zone abuts a residential zone or a residential use on an
adjacent lot, the setback on the abutting yard shall be a minimum of 7.5 m [24.6
ft.]; and
(f)
All applicable zone regulations of Section 4 - General Provisions shall apply.
File P-2800
[Page 91]
5.7
GENERAL INDUSTRIAL - M1
No person shall use any land or erect, alter or use any building or structure in the
General Industrial - M1 zone except in accordance with the provisions of this Section and
of any other relevant Sections of this By-law.
5.7.1 Permitted Uses
-
Accessory Dwelling Unit
-
Accessory Use
-
Agriculture Related Use
-
Auto Body Shop
-
Auto Service Station
-
Building Supply Store
-
Communications Facility
-
Convenience Store
-
Drive-through Facility (see 4.26 (k))
-
Fuel Depot
-
Furniture and Home
-
Garden Centre
-
Gasoline Bar
-
Gasoline Card Lock Facility
-
Industrial Use (Class I & II)
-
Logging Yard
-
Lumber Yard
-
Microbrewery
-
Office
-
Parking Area
-
Parking Lot - Commercial
-
Public Service Use
-
Restaurant
-
Transportation Depot
-
Vehicle Towing Establishment
-
Warehouse
-
Welding Shop
-
Workshop or Custom Workshop
5.7.2 Zone Requirements
Minimum Lot Area .........................................................................................1 ha [2.47 ac.]
Minimum Lot Frontage ............................................................................... 45 m [147.6 ft.]
Minimum Yard Requirements
- All Yards ....................................................................................... 15 m [49.2 ft.]
Maximum Building Height
- Main Building .............................................................................. 15 m [49.2 ft.]
- Accessory Building ......................................................................... 8 m [26.2 ft.]
File P-2800
[Page 92]
Maximum Lot Coverage ................................................................................................ 30%
Minimum Separation Distance Between a Main Building
and an Accessory Building ................................................................................ 2 m [6.4 ft.]
5.7.3 Additional Provisions
(a)
See also requirements of Section 4.21 (d) of this By-law for separation distances
for industries.
Where an industrial zone abuts a residential zone or a residential use or a
sensitive land use on an adjacent lot, a landscaped strip of not less than 5 m [16.4
ft.] in width shall be provided along the abutting lot line(s).
(b)
All applicable zone regulations of Section 4 - General Provisions shall apply.
File P-2800
[Page 93]
5.8
MINERAL AGGREGATE RESOURCE - MX
No person shall use any land or erect, alter or use any building or structure in the Mineral
Aggregate Resource - MX zone except in accordance with the provisions of this Section
and of any other relevant Sections of this By-law.
5.8.1 Permitted Uses
-
Accessory Dwelling Unit
-
Accessory Use
-
Agriculture (not including buildings and structures)
-
Camp
-
Communications Facility
-
Forestry Use (not including buildings and structures)
-
Pit
-
Portable Asphalt/Concrete Plant
-
Public Service Use
-
Quarry
-
Wayside Pit
-
Wayside Quarry
5.8.2 Zone Requirements
Minimum Yard Requirements
- All Yards ..................................................................................... 15.0m [49.2 ft.]
Maximum Building Height
- Main Building ............................................................................ 15.0m [49.2 ft.]
- Accessory Building ....................................................................... 8.0m [26.2 ft.]
5.8.3 Additional Provisions
(a)
Notwithstanding the yard requirements stated above, a minimum of 30m [98.4 ft.]
setback will be required from lot lines adjacent to public roads.
(b)
See also requirements of Section 4.21 (c) of this By-law for separation distances
for Mineral Aggregate Resource Areas.
(c)
Any mineral aggregate operation, pit or quarry shall comply with any By-law
passed under the Municipal Act governing a mineral aggregate operation, pit or
quarry.
(d)
No person shall pile aggregate, top soil, overburden or locate any processing plant
or place or build or extend any building or structure:
i)
Within 30 m [98.4 ft.] from the lot line of the site.
ii)
Within 90 m 295.2 ft.] from any lot line that abuts an existing residential
dwelling or land zoned for residential use.
File P-2800
[Page 94]
(e)
Earth berms intended to screen adjoining lands from the operations on site shall
be located no closer than 3 m [9.84 ft.] from any lot line.
(f)
No mineral aggregate operation shall operate except in compliance with a valid
license issued under the Aggregate Resources Act, as amended.
(g)
No portable asphalt plant, wayside pit or wayside quarry shall operate without a
valid Environmental Compliance Approval.
(h)
All applicable zone regulations of Section 4 - General Provisions shall apply.
File P-2800
[Page 95]
5.9
SEWAGE TREATMENT PLANT
No person shall use any land or erect, alter or use any building or structure in the Sewage
treatment Plant - STP zone except in accordance with the provisions of this Section and of
any other relevant Sections of this By-law.
5.9.1 Permitted Uses
- A Sewage Treatment Plant
- Waste Stabilization Pond
- Accessory uses to the foregoing permitted uses
5.9.2 Zone Requirements
Minimum Yard Requirements
- All Yards ...................................................................................... 30 m [98.4 ft.]
5.9.3 Additional Provisions
(a)
Environmental Compliance Approval
No sewage treatment plant shall operate without and except in conformity with a
currently valid Environmental Compliance Approval issued by the public authority
having jurisdiction;
(b)
Separation Distances
See Section 4.21 (a) for zone requirements.
(c)
All applicable zone regulations of Section 4 - General Provisions shall apply.
File P-2800
[Page 96]
5.10 ENVIRONMENTAL PROTECTION CONSTRAINT AREA- EP
The Environmental Protection Constraint Area - EP shall be considered as a constraint
overlay area. Lands may be used for any of the permitted uses in the underlying zone (e.g.
rural) subject to the following provisions.
5.10.1 Permitted Uses
(a)
Any permitted use in the zone underlying the constraint.
5.10.2 Zone Requirements
The zone requirements for the respective zone shall apply in addition to the following
additional provisions.
5.10.3 Additional Provisions
(a)
The Environmental Protection Constraint Area (EP) is an area where physical
constraints to development may apply such as flooding. The mapping of the EP
Area is generalized and is subject to interpretation. For the purposes of this by-
law, no new buildings shall be permitted to be constructed within any flood plain
except flood control structures, or low impact buildings or structures such as a
gazebo, wharf or dock, boat slip, boat house, garden storage shed. The flood plain
shall be determined in consultation with the North Bay - Mattawa Conservation
Authority. Development may be permitted outside or above the flood elevation or
beyond the prescribed setback from any water body;
(b)
No use, building or structure which involves the storage of hazardous or toxic
materials (e.g., ignitable. corrosive, reactive, radioactive, or pathological materials
and sewage facilities), nor any institutional use shall be permitted to be
constructed, enlarged or expanded within any flood plain;
(c)
Extensions or enlargements to existing habitable or other buildings located in the
flood plain (other than an institutional use) may be permitted subject to the
review and approval of the North Bay-Mattawa Conservation Authority
(Authority). Proposals will be reviewed on a site-by-site basis, and if approved,
will be subject to engineering studies and/or the requirements and conditions of
the Authority;
(d)
In areas of the Municipality where the flood plain has not been determined, the
setback of habitable buildings, non-residential buildings and on-site (private)
sewage disposal systems from the shoreline or high water mark in the
Environmental Protection Constraint Area shall generally be 45 m [147.6 ft.] and
the provisions of Section 5.10.3 (a and b) shall apply. The setback provisions may
be reduced to 30 m [98.4 ft.] where permitted by the Authority;
(e)
Modification of the flood plain through filling, excavation or by other means is
prohibited unless otherwise permitted by the Conservation Authority;
File P-2800
[Page 97]
(f)
All land permanently or seasonally under water is considered to be within the
Environmental Protection Constraint Area (EP) and uses of such land shall be
limited to only those specifically approved by the Conservation Authority; and
(g)
See also requirements of Section 4.21 of this By-law for separation distances and
the provisions for flood plains in Section 4.11.
(h)
All applicable zone regulations of Section 4 - General Provisions shall apply.