Comprehensive Zoning By-law No. 2017-05, Municipality of McDougall

McDougall, Ontario · No. 2017-05 · summary & facts

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MUNICIPALITY OF McDOUGALL COMPREHENSIVE ZONING BY-LAW NO. 2017-05 February 1, 2017 Prepared by John Jackson Planner Inc. February 1, 2017 Page i TABLE OF CONTENTS SECTION 1 - TITLE AND INTERPRETATION .............................................................................................. 1 SECTION 2 - DEFINITIONS ............................................................................................................................ 2 SECTION 3 - GENERAL PROVISIONS ........................................................................................................ 15 3.01 ZONES ...................................................................................................................................................... 16 3.02 ZONE BOUNDARIES ................................................................................................................................. 17 3.03 ACCESSORY USES .................................................................................................................................. 17 3.04 APPLICATION OF BY-LAW ....................................................................................................................... 18 3.05 AUTOMOBILE SERVICE ESTABLISHMENT OR PUBLIC GARAGE ............................................................. 18 3.06 BED AND BREAKFAST ............................................................................................................................. 18 3.07 BOATHOUSES/BOATPORTS ..................................................................................................................... 18 3.08 BRIDGES, CAUSEWAYS AND WATERCROSSINGS ................................................................................... 19 3.09 BUFFER AREAS ....................................................................................................................................... 19 3.10 BUILDING IN A BUILT-UP AREA ............................................................................................................... 19 3.11 BUILDING REPAIR AND RECONSTRUCTION ............................................................................................. 19 3.12 BUILDINGS TO BE MOVED ....................................................................................................................... 20 3.13 CERTIFICATE OF OCCUPANCY ................................................................................................................ 20 3.14 CONNECTIONS BETWEEN BUILDINGS ..................................................................................................... 20 3.15 CONTINUATION OF FARMING USE ........................................................................................................... 20 3.16 CONVERTED DWELLING .......................................................................................................................... 20 3.17 CROWN LAND .......................................................................................................................................... 20 3.18 DECKS ..................................................................................................................................................... 21 3.19 DOCKS ..................................................................................................................................................... 21 3.20 DREDGING AND FILLING .......................................................................................................................... 22 3.21 DWELLING UNIT IN NON-RESIDENTIAL BUILDING OR LOT ..................................................................... 22 3.22 EXISTING BUILDINGS ON LOTS WITH INADEQUATE REQUIREMENTS..................................................... 22 3.23 EXOTIC ANIMALS ..................................................................................................................................... 22 3.25 FRONTAGE ON PUBLIC ROAD OR STREET .............................................................................................. 23 3.26 GARDEN SUITES ...................................................................................................................................... 23 3.27 GAZEBO ................................................................................................................................................... 23 3.28 GEORGIAN BAY FLOOD ELEVATION ....................................................................................................... 23 3.29 GROUP HOMES ........................................................................................................................................ 23 3.30 HEIGHT EXCEPTIONS ............................................................................................................................... 24 3.31 HOLDING PROVISIONS - 'H' SUFFIX ........................................................................................................ 24 3.32 HOME INDUSTRY ...................................................................................................................................... 24 3.33 HOME OCCUPATION ................................................................................................................................ 25 3.34 HUNT CAMPS ........................................................................................................................................... 25 3.35 KEEPING OF HORSES .............................................................................................................................. 25 3.36 KENNELS ................................................................................................................................................. 25 3.37 LIGHTS ..................................................................................................................................................... 25 3.38 LIMITED SERVICES .................................................................................................................................. 26 3.39 LOADING SPACE REGULATIONS ............................................................................................................. 26 3.40 LOTS HAVING LESS AREA, FRONTAGE OR DEPTH THAN REQUIRED .................................................... 27 3.41 MEASUREMENT OF LOT OR ISLAND AREA .............................................................................................. 27 3.42 MINIMUM DISTANCE SEPARATION .......................................................................................................... 27 3.43 MINING ..................................................................................................................................................... 27 3.44 MOBILE HOMES ....................................................................................................................................... 27 3.45 MULTIPLE ZONES .................................................................................................................................... 27 3.46 NON-CONFORMING USES ....................................................................................................................... 27 3.47 NUMBER OF DWELLING UNITS ON ONE LOT .......................................................................................... 28 3.48 OCCUPATION OF UNSERVICED OR INCOMPLETE DWELLING .................................................................. 28 3.49 OUTDOOR WOOD BURNING FURNACE ................................................................................................... 28 3.50 PARKING AREA REGULATIONS ............................................................................................................... 29 February 1, 2017 Page ii 3.51 PITS AND QUARRIES................................................................................................................................ 31 3.52 PROHIBITED USES ................................................................................................................................... 31 3.53 PUBLIC USES ........................................................................................................................................... 32 3.54 PUMPHOUSE RESTRICTIONS ................................................................................................................... 32 3.55 REDUCTION OF REQUIREMENTS ............................................................................................................. 32 3.56 RENTALS .................................................................................................................................................. 33 3.57 SAUNA ..................................................................................................................................................... 33 3.58 SEASONAL DWELLINGS .......................................................................................................................... 33 3.59 SEPTIC SYSTEMS ..................................................................................................................................... 33 3.60 SETBACK FROM ENVIRONMENTAL PROTECTION AREA ......................................................................... 33 3.61 SHORE ROAD ALLOWANCE .................................................................................................................... 33 3.62 SHORE ROAD ALLOWANCE AS YARD ..................................................................................................... 33 3.63 SHORT TERM ACCOMMODATIONS .......................................................................................................... 33 3.64 SIGNS ....................................................................................................................................................... 34 3.65 SLEEPING CABINS ................................................................................................................................... 34 3.66 SPECIAL USES PERMITTED ..................................................................................................................... 34 3.67 SWIMMING POOLS ................................................................................................................................... 34 3.68 TENNIS / SPORTS COURTS ...................................................................................................................... 35 3.69 TENT AND TRAILERS ............................................................................................................................... 35 3.70 THROUGH LOT ......................................................................................................................................... 35 3.71 TOURIST COMMERCIAL REGULATIONS ................................................................................................... 35 3.72 TRAILERS, MOTORHOMES OR TENTS ..................................................................................................... 35 3.73 UNZONED LANDS ..................................................................................................................................... 36 3.74 USE FOR HAZARDOUS PURPOSE ............................................................................................................ 36 3.75 USE OF VACANT LANDS .......................................................................................................................... 36 3.76 WASTE DISPOSAL SITE TO BE SET BACK ............................................................................................. 36 3.77 WIDTH RESTRICTIONS ............................................................................................................................. 36 3.78 WIND GENERATION ................................................................................................................................. 36 3.79 YARD AND SETBACK ENCROACHMENTS PERMITTED ............................................................................ 37 SECTION 4 - RURAL (RU) ZONE ................................................................................................................. 38 4.01 USES PERMITTED .................................................................................................................................... 38 4.02 ZONE STANDARDS .................................................................................................................................. 38 4.03 PROVISIONS FOR ACCESSORY USES ...................................................................................................... 38 4.04 SPECIAL EXCEPTION REGULATIONS - RURAL (RU) .............................................................................. 38 SECTION 5 - RESIDENTIAL (RR) ZONE ..................................................................................................... 41 5.01 USES PERMITTED .................................................................................................................................... 41 5.02 ZONE STANDARDS .................................................................................................................................. 41 5.03 PROVISIONS FOR ACCESSORY USES ...................................................................................................... 42 5.04 SPECIAL EXCEPTION REGULATIONS - RESIDENTIAL (RR) .................................................................... 42 SECTION 6 - MULTIPLE RESIDENTIAL (RM) ZONE ................................................................................. 46 6.01 USES PERMITTED .................................................................................................................................... 46 6.02 ZONE STANDARDS .................................................................................................................................. 46 6.03 PROVISIONS FOR ACCESSORY USES ...................................................................................................... 47 6.04 SPECIAL EXCEPTION REGULATIONS - MULTIPLE RESIDENTIAL (RM) .................................................. 47 SECTION 7 - WATERFRONT RESIDENTIAL (WF1, WF2, WF3, WF4, WF5, WF6) ZONES ................... 48 7.01 USES PERMITTED .................................................................................................................................... 48 7.02 ZONE STANDARDS .................................................................................................................................. 48 SECTION 8 - COMMERCIAL (C1) ZONE ..................................................................................................... 55 8.01 USES PERMITTED .................................................................................................................................... 55 8.02 ZONE STANDARDS .................................................................................................................................. 56 8.03 PROVISIONS FOR ACCESSORY USES ...................................................................................................... 56 8.04 SPECIAL EXCEPTION REGULATIONS - COMMERCIAL (C1).................................................................... 56 SECTION 9 - TOURIST COMMERCIAL (C2) ZONE .................................................................................... 57 February 1, 2017 Page iii 9.01 USES PERMITTED .................................................................................................................................... 57 9.02 ZONE STANDARDS .................................................................................................................................. 57 9.03 PROVISIONS FOR ACCESSORY USES ...................................................................................................... 57 9.04 SPECIAL EXCEPTION REGULATIONS - TOURIST COMMERCIAL (C2) .................................................... 57 SECTION 10 - RESORT RESIDENTIAL (C3) ZONE .................................................................................. 59 10.01 USES PERMITTED .................................................................................................................................... 59 10.02 ZONE STANDARDS .................................................................................................................................. 59 10.03 PROVISIONS FOR ACCESSORY USES ...................................................................................................... 59 10.04 SPECIAL EXCEPTION REGULATIONS - RESORT RESIDENTIAL (C3)...................................................... 59 SECTION 11 - GENERAL INDUSTRIAL (M1) ZONE .................................................................................. 60 11.01 USES PERMITTED .................................................................................................................................... 60 11.02 ZONE STANDARDS .................................................................................................................................. 60 11.03 PROVISIONS FOR ACCESSORY USES ...................................................................................................... 61 11.04 SPECIAL EXCEPTION REGULATIONS - GENERAL INDUSTRIAL (M1) ..................................................... 61 SECTION 12 - LIGHT INDUSTRIAL (M2) ZONE ......................................................................................... 62 12.01 USES PERMITTED .................................................................................................................................... 62 12.02 ZONE STANDARDS .................................................................................................................................. 62 12.03 PROVISIONS FOR ACCESSORY USES ...................................................................................................... 62 12.04 SPECIAL EXCEPTION REGULATIONS - LIGHT INDUSTRIAL (M2) ........................................................... 62 SECTION 13 - INDUSTRIAL PIT (M3) ZONE ............................................................................................... 63 13.01 USES PERMITTED .................................................................................................................................... 63 13.02 ZONE STANDARDS .................................................................................................................................. 63 13.03 PROVISIONS FOR ACCESSORY USES ...................................................................................................... 63 13.04 SPECIAL EXCEPTION REGULATIONS - INDUSTRIAL PIT (M3) ................................................................ 63 SECTION 14 - INDUSTRIAL PIT AND QUARRY (M4) ZONE .................................................................... 64 14.01 USES PERMITTED .................................................................................................................................... 64 14.02 ZONE STANDARDS .................................................................................................................................. 64 14.03 PROVISIONS FOR ACCESSORY USES ...................................................................................................... 64 14.04 SPECIAL EXCEPTION REGULATIONS - INDUSTRIAL PIT AND QUARRY (M4) ......................................... 64 SECTION 15 - WASTE DISPOSAL (M5) ZONE .......................................................................................... 65 15.01 USES PERMITTED .................................................................................................................................... 65 15.02 ZONE STANDARDS .................................................................................................................................. 65 15.03 PROVISIONS FOR ACCESSORY USES ...................................................................................................... 65 15.04 SPECIAL EXCEPTION REGULATIONS - WASTE DISPOSAL (M5) ............................................................ 65 SECTION 16 - OPEN SPACE (OS) ZONE ................................................................................................... 66 16.01 USES PERMITTED .................................................................................................................................... 66 16.02 ZONE STANDARDS .................................................................................................................................. 66 16.03 PROVISIONS FOR ACCESSORY USES ...................................................................................................... 66 16.04 SPECIAL EXCEPTION REGULATIONS - OPEN SPACE (OS) ................................................................... 66 SECTION 17 - ENVIRONMENTAL PROTECTION (EP) ZONE ................................................................... 67 17.01 USES PERMITTED .................................................................................................................................... 67 17.02 ZONE STANDARDS .................................................................................................................................. 67 17.03 PROVISIONS FOR ACCESSORY USES ...................................................................................................... 67 17.04 SPECIAL EXCEPTION REGULATIONS - ENVIRONMENTAL PROTECTION (EP) ....................................... 67 February 1, 2017 Page iv SECTION 18 - FLOOD PLAIN (FP) ZONE ................................................................................................... 68 18.01 USES PERMITTED .................................................................................................................................... 68 18.02 ZONE STANDARDS .................................................................................................................................. 68 18.03 PROVISIONS FOR ACCESSORY USES ...................................................................................................... 68 18.04 SPECIAL EXCEPTION REGULATIONS - FLOOD PLAIN (FP) ................................................................... 68 SECTION 19 - ADMINISTRATION ................................................................................................................ 69 19.01 ZONING ADMINISTRATION ....................................................................................................................... 69 19.02 APPLICATION AND PLANS ....................................................................................................................... 69 19.03 PENALTY .................................................................................................................................................. 69 19.04 DATE OF BY-LAW APPROVAL ................................................................................................................. 69 19.05 TRANSITIONAL PROVISIONS .................................................................................................................... 69 SECTION 20 - BY-LAW REPEALS ............................................................................................................... 70 February 1, 2017 Page 1 MUNICIPALITY OF McDOUGALL BY-LAW NO. 2017-05 BEING a By-law to regulate the use of land and the character, location and use of buildings and structures in the Municipality of McDougall. The Council of the Corporation of the Municipality of McDougall, pursuant to Section 34 of the Planning Act, R.S.O. 1990. ENACTS AS A BY-LAW AS FOLLOWS: SECTION 1 - TITLE AND INTERPRETATION 1.01 This By-law may be cited as the Municipality of McDougall ("the Municipality") Zoning By-law ("this By-law"). 1.02 The Maps annexed hereto as Schedules of this By-law are declared to be part of this By-law. 1.03 For the purposes of this By-law, the definitions and interpretations set out herein shall govern. 1.04 Nothing in this By-law shall be construed to exempt any person from complying with the requirements of any other by-law of the Municipality or of any law of the Province of Ontario, or Canada. 1.05 The provisions of this By-law are held to be the minimum requirements adopted for the promotion of the public health, safety, convenience or general welfare of the Municipality. 1.06 In the event of an inconsistency or conflict between two or more provisions in this By-law, the more restrictive provision shall prevail. 1.07 The provisions of this By-law may not apply to Crown land. However, this By-law reflects the established planning policies of the Municipality and it is intended that the Crown shall have regard for the provisions of this By-law. 1.08 Numerical figures used in this By-law are given in metric units and are intended to provide the sole standard governing the provisions of this By-law. Conversions of these metric units to equivalent imperial units may be deemed acceptable by the Municipality when the conversion is made to at least two decimal places. 1.09 In this By-law, words importing the singular number include, where appropriate, more persons, parties or things of the same kind than one, and a word interpreted in the singular number has a corresponding meaning when used in the plural. 1.10 The provisions of this by-law will not be interpreted to make lawful any uses not permitted by By- law Nos. 82-21, 96-10, 2000-10 or amendments thereto. 1.11 Where the permitted uses contained in the various zones in this By-law do not list a specific use in that Zone, this By-law shall be interpreted to deem that such uses are to be prohibited in the respective zones. February 1, 2017 Page 2 SECTION 2 - DEFINITIONS In this By-law: 2.01 Accessory Apartment: means that part of a building originally constructed as a single detached dwelling which has been altered, renovated or enlarged to accommodate a second self-contained dwelling unit. 2.02 Accessory Building: means a detached building, on a lot zoned for residential use located on the same lot as the main building, the use of which is incidental or subordinate to that of the main building up to the maximum allowable square footage. 2.03 Accessory Use: means a use of lands or buildings which is incidental or subordinate to the principal use of the said lands or buildings. Incidental or subordinate buildings will consist of buildings, that size and nature of which, do not dominate the main building on a lot. 2.04 Adult Entertainment Parlour: means any premises or any part of them is an adult entertainment establishment if, in the pursuance of a business, (a) goods, entertainment or services that are designed to appeal to erotic or sexual appetites or inclinations are provided in the premises or part of the premises, or (b) body-rubs, including the kneading, manipulating, rubbing, massaging, touching or stimulating by any means of a person's body, are performed offered or solicited in the premises or part of the premises, but does not include premises or part of them where body rubs performed, offered or solicited are for the purpose of medical or therapeutic treatment and are performed or offered by persons otherwise duly qualified, licensed or registered to do so under the laws of the Province of Ontario as defined in subsection 151(2) of the Municipal Act. 2.05 Airport: means a field laid out as a base for aircraft, including all structures and appurtenances necessary for operation, housing, storage and maintenance. 2.06 Animal Hospital: includes a veterinary establishment, and any other land, building or structure where domestic animals, birds, or livestock are treated or boarded for short-term periods, but it does not include a kennel. 2.07 Ancillary: means a use that is subordinate or secondary to a principal use that is dependent upon that principal use. 2.08 Apartment Building: means a multiple dwelling excluding triplex dwelling, a row dwelling or any group of semi-detached or duplex dwellings. 2.09 Arboretum: means a botanical garden exhibiting trees for display or study. 2.10 Arena: includes a building, or part of a building, in which facilities are provided for such purposes as ice or roller skating; but does not include any establishment otherwise defined or classified herein. 2.11 Auctioneer: means a person employed in conducting a public sale by auction. 2.12 Automobile Sales Establishment: means a building or structure or a clearly defined space on a lot used for the display and sale of motor vehicles and may include the servicing, repair, cleaning, polishing, and lubricating of motor vehicles, the sale of automotive accessories and related products, and the leasing or renting of motor vehicles. 2.13 Automobile Service Establishment: includes a building or place where petroleum products, supplies, parts or accessories are kept for sale to service motor vehicles, snowmobiles, farm implements and machinery, or where repairs are performed to motor vehicles, snowmobiles, farm implements and machinery, or a public garage. 2.14 Aviary: means an enclosure or large cage for live birds. 2.15 Basement: means a storey or storeys of a building located below the first storey. An unfinished basement has less than 1.8 metres of its height from finished floor to finished ceiling. February 1, 2017 Page 3 2.16 Bed and Breakfast: means a dwelling, the primary purpose of which is a principal residence that operates or offers no more than three (3) guest rooms as places of temporary residence, lodging or occupancy by way of concession, permit, lease, license, rental agreement or similar commercial arrangement throughout all or any part of the calendar year and that is the principal residence of the establishment's proprietor. A bed and breakfast shall not include motel, hotel, short term accommodation, cottage rental, lodge, cottage resort, commercial resort or cottage rental establishment. 2.17 Boarding House: means a dwelling in which the owner or leasee supplies habitable rooms for the accommodation of not more than 6 persons, with or without meals, for the persons so accommodated. 2.18 Boat: includes any vessel or watercraft suitable for navigation on or through the water. 2.19 Boathouse: means any building or structure, intended to house, shelter or protect a boat or other form of water transportation but it does not include a dry land boat storage building. 2.20 Boatport: means an accessory building or structure located on or immediately adjacent to water; which is not enclosed by more than one wall, which is designed and used only for the sheltering of boats or other forms of water transportation. 2.21 Bridge: mean a structure erected across a waterway or spanning two or more points of land to afford passage by vehicles or pedestrians. 2. 22 Building: means any edifice used or intended to be used for shelter, accommodation or the enclosure of persons, animals or chattels other than a fence or wall. 2.23 Building Line: means a line lying in the interior of a lot drawn parallel to a lot line for the purpose of establishing the minimum distance that must exist between a building or structure erected upon the land and a lot line. 2.24 Building, Main: means the building in which the principal use of the lot is conducted. 2.25 Building Supply: means a retail or wholesale store with or without a storage area used for the temporary storage and sale of building supplies such as lumber, cement, bricks and hardware. 2.26 Bulk Fuel Storage Establishment: means a building or place were tank(s) are used for the bulk storage of petroleum, gasoline, fuel oil, gas or flammable liquid or fluid. 2.27 Business or Professional Office: means an office in which any business is carried on or any profession is practised. 2.28 Camper Trailer: means any vehicle in which the assembly can be erected, while stationary, using the trailer body and related components for support and utilized for living, shelter and sleeping accommodation, with or without cooking facilities which is collapsible and compact while being drawn by a motor vehicle. 2.29 Camping Establishment: means a tourist establishment consisting of at least six camping lots and comprising land used or maintained as grounds for the camping or parking of trailers, motorized mobile homes, truck campers, campers or tents but not including mobile homes and also excepting parks or camping grounds maintained by any Public Authority. 2.30 Car Wash: means a building or structure containing facilities for washing motor vehicles by production line methods which may include a conveyor system or similar mechanical devices; and includes a self-service car wash. 2.31 Carport: includes a building or structure intended to shelter automobiles that has at least one open wall. February 1, 2017 Page 4 2.32 Cellar: means the portion of a building between two floor levels which is partly or wholly underground and which has less than 0.5 metres of its height, from finished floor to finished ceiling, above adjacent finished grade. 2.33 Cemetery: includes a cemetery or columbarium within the meaning of The Cemeteries Act. 2.34 Church: means a building set aside by any religious organization for public worship and may include a church hall, church auditorium, Sunday school, nursery school, convent, monastery or parish hall. 2.35 Clinic: includes a public or private building, used for medical, surgical, dental, physiotherapeutic, chiropractic or other human health treatments by one or more practitioners. 2.36 Commercial Resort: shall mean a building or group of buildings containing more than ten separate units on one parcel of land. 2.37 Community Hall: includes any tract of land or building or buildings or any part of any building used for community activities, including recreational and institutional uses, with commercial uses incidental thereto, and the control of which is vested in the municipality, local board or agent thereof. 2.38 Contractor's Yard: means a yard of any building trade or contractor where equipment and material are stored or where a contractor performs shop or assembly work but does not include any other yard or establishment otherwise defined or classified herein. 2.39 Convenience Store: means a retail commercial establishment not exceeding 200 square metres in gross floor area, which serves the daily needs of the residents of the immediately surrounding area, or boaters requiring provisions, and may include provisions for the sale of refreshments, snacks and gasoline in areas not designated for residential use. 2.40 Cottage: means a building to accommodate one or more guests. a) that contains at least two rooms; and, b) that may or may not contain facilities for guests to prepare and cook food. 2.41 Cottage, Rental: includes a room, cabin, dwelling unit, or portion thereof used for the accommodation of guests. 2.42 Cottage Establishment: means a tourist establishment that has one or more rental units: (i) the majority of which have a private entrance from the outside, and (ii) all of which have at least a three-piece bath. 2.43 Council: means the Corporation of the Municipality of McDougall. 2.44 Craft Shop: means a building or structure where crafts are made and/or displayed for sale. 2.45 Crown Land: means lands belonging to Her Majesty in right of Canada or Ontario, whether or not they are covered with water. 2.46 Custom Workshop: means a building or part of a building used by a trade, craft or guild for the manufacture in small quantities of made-to-measure clothes or articles, and includes upholstering but does not include any factory production or any shop or factory otherwise classified or defined in this By-law. 2.47 Day Nursery: means a day nursery operated for pre-school age children within the meaning of the Day Nurseries Act. 2.48 Deck: includes a floor structure without a roof that is level or has a level surface area that is capable of accommodating furniture or persons, that may be attached to or detached from a main building or an accessory building. February 1, 2017 Page 5 2.49 Dock: means a structure, floating or fixed, including a wharf or pier, where boats can remain for loading, unloading, repair, or storage on or adjacent to water, but does not include connecting ramps, stairs or walkways. 2.50 Dry Cleaning Establishment: means a building or structure where clothing, etc. are cleaned with solvents other than water, such as carbon tetrachloride, etc. 2.51 Dwelling: means a building occupied or capable of being occupied exclusively as a permanent or temporary home, residence, accommodation or sleeping place by one or more persons, but shall not include short term accommodation use, hotel, motel, mobile home, recreational vehicle, park model trailer, tent, commercial resort unit, institution, railroad car or other railroad rolling stock, or living quarters for a caretaker, watchman, or other person or persons using living quarters which are accessory to a non-residential building or structure. 2.52 Dwelling, Seasonal: means a separate building containing only one dwelling unit to be used for recreational but not occupied or intended to be occupied as a permanent resident or home. 2.53 Dwelling, Single Detached: means a separate building containing only one dwelling unit. 2.54 Dwelling, Converted: means a single detached dwelling that has been modified into two dwelling units with separate entrances and no external modifications excepting necessary fire escapes, stairways and entrances. 2.55 Dwelling, Semi-detached: means a building that is divided vertically into two dwelling units. 2.56 Dwelling, Duplex: means a building that is divided horizontally into two dwelling units, each of which has an independent entrance. 2.57 Dwelling, Triplex: means a building that is divided horizontally into three dwelling units. 2.58 Dwelling, Multiple: means a building which contains four or more dwelling units to which units access is provided by a common entrance at street level and common corridors, stairs or elevators. 2.59 Dwelling, Rowhouse: means one of a group of three or more attached dwellings each having at least two separate private entrances. 2.60 Dwelling Unit: means one or more rooms occupied by one or more persons living as a single housekeeping unit in which only one separate kitchen is provided with a private entrance from outside the building or from a common hallway or stairway inside the building. 2.61 Dwelling Unit, Secondary: means a second, self-contained residential units with kitchen and bathroom facilities within a dwelling or within an accessory structure on a residential lot. 2.62 Erect: means to build, construct, reconstruct or relocate and, without limiting the generality of the word, also includes: (a) any excavating, dredging, filling, draining, or the creation of retaining walls, beams, siding or breakwalls; (b) the placement or construction of docks, wharves, piers, rafts or pumphouses; (c) altering any existing building or structure by an addition, enlargement, extension or other structural change; and, (d) any work which requires a building permit under the Building By-law of the Municipality. 2.63 Established Building Line: means the average setback of the existing buildings. A building line is considered to be established when at least 3 buildings have been erected on any one side of a continuous 200 metres of land with street frontage. February 1, 2017 Page 6 2.64 Exotic animals: means any animal species that is not indigenous to the municipality but is native to a foreign country and includes any rare or unusual animal that is generally thought of as a wild species and not typically kept as a pet. 2.65 Fabricating, Process or Manufacturing Establishment: means an establishment in which the process of producing a product is within the scope and meaning of the Statistics Canada, "Standard Industrial Classification Manual". 2.66 Farm: includes land or buildings used for livestock, growing or storing trees, grain, vegetables, fruit crops or any other agricultural product, a fishery or hatchery for trout farming or other species. 2.67 Farm, Specialized Use: means land or buildings which are predominantly used for the raising of chickens, turkeys or other fowl, fur-bearing animals, hogs or the growing of mushrooms, or the intensive feeding of cattle in a confined area. 2.68 Farm Implement Dealer: means a building, structure or area where farm equipment and farm supplies are kept for sale at retail, but shall not include any other establishment otherwise defined or classified herein. 2.69 Farmer's Market: means a building, structure of lot where fresh produce and products are offered for sale. 2.70 Fertilizer Mixing Plant: means land, building or structures where materials including manure, nitrates, potash and sulphur or other enriching material are mixed or processed for sale as fertilizer. 2.71 Floor Area: means the space on any storey of a building between exterior walls and required firewalls, including the space occupied by interior walls and partitions, any private garage, carport, storage area, breezeway, porch, veranda, unenclosed porch or unenclosed veranda, but does not include the space occupied by exits, vertical service spaces and their enclosing assemblies, an unfinished basement, a cellar or an attic. 2.72 Floor Area, Ground: means the floor area of the first storey of any building or structure and it includes, in the case of a dwelling unit, the area of any private garage, enclosed porch, enclosed veranda, unenclosed porch or unenclosed veranda. 2.73 Floor Area, Gross: means the sum total of the gross horizontal areas of all storeys of all buildings excluding attics and basements when used solely for the purpose of storage. 2.74 Funeral Home: includes a building or structure designed for the purpose of furnishing funeral supplies and services to the public and includes facilities intended for the preparation of human bodies for interment or cremation. 2.75 Garage, Private: means an accessory building or a portion of the main building including a carport, which is designed or used for the storage of one or more private vehicles and the storage of household equipment incidental to residential occupancy and in which no business, occupation or service is conducted for profit. 2.76 Garage, Public: means a building which is used for the servicing, repair or equipping of motor vehicles, or in which such vehicles are parked or stored. 2.77 Garden Suite: means a one-unit detached residential structure containing bathroom and kitchen facilities that is ancillary to an existing residential structure and that is designed to be portable. 2.78 Golf Course: means a public or private area used for the playing of golf and includes a driving range, but not a miniature course or similar uses. 2.79 Government Office: includes any building, structure or land where any level of government conducts business. February 1, 2017 Page 7 2.80 Group Home: means a building or buildings, licensed or approved under any provincial statute, in which not more than four (4) persons live as a single housekeeping unit under responsible supervision, but does not include a dwelling unit occupied for the purpose of providing shelter for persons on parole or released from penal institutions, or for persons ordered to reside there as a result of conviction of a criminal offence. 2.81 G.S.C.: means the Geodetic Survey of Canada. 2.82 Guest Cabin: See Sleeping Cabin. 2.83 Height: means, when used with reference to a building, the vertical distance between the grade at the front of a building, and, in the case of: (a) a flat roof - the highest point of the roof surface or the parapet, whichever is greater; (b) a mansard roof - the deck roof line; (c) a gable, hip or gambrel roof - the mean distance between the eaves and the ridge; and, (d) an "A" - frame construction - one and one half times the mean distance between the eaves and the ridge. 2.84 Highwater Mark: In the case of Georgian Bay, means 176.44 metres G.S.C. above sea level. In all other cases, means the normal water mark of any water at the time of the original survey of the Municipality unless altered by the construction of a dam or dams belonging to any municipal, provincial or other authority having jurisdiction, in which case the measurement shall be from the highwater mark as controlled by such dam or dams. 2. 85 Hospital: means an institution as defined by the Public Hospitals Act, being Chapter 378 of the Revised Statutes of Ontario, 1970, as amended from time to time. 2. 86 Hotel: includes a commercial establishment other than a boarding house, catering primarily to the travelling public by supplying overnight sleeping accommodation with or without meals. 2.87 Human Habitation: means a building, structure, trailer or any enclosure that is used for the occupation of a person or persons on a permanent or temporary basis that includes areas for sleeping, sitting or relaxing that may include appliances, cooking or refrigeration but does not include an area used exclusively for the storage of goods or materials and does not include any attic, crawl space or unfinished basement. 2. 88 Hunting Camp: means any land or buildings which is used solely for the incidental habitation of persons angling or hunting wildlife that does not exceed total floor area of 55.74 square metres. 2. 89 Ice House: means a building or structure in which ice is stored. 2.90 Institution: means any building or structure or part thereof used for a non-commercial purpose by any organization, group or association for the promotion of charitable, educational or benevolent objects but it does not include a private club, mental health centre, or place of detention. 2.91 Island: means a parcel of land which incapable of being conveyed and which is entirely surrounded by water. 2.92 Kennel: includes a place where four (4) or more adult dogs and/or other animals, other than livestock, are bred and raised, or are sold or kept for sale, boarded or trained. 2.93 Kitchen: means a room or part of a room where food is stored or prepared or cooked, and which has cooking appliances. 2.94 Landfill Site: includes a waste disposal site or dump where waste is deposited with or without cover material being applied, for which a Certificate of Approval has been issued by the appropriate authority. February 1, 2017 Page 8 2.95 Lane: means a public thoroughfare which affords a secondary means of access to abutting lots, but, which does not include a street or private road or right-of-way. 2.96 Laundromat: means a place where laundry is washed and dried in coin-operated automatic machines. 2.97 Library: means a building or room housing a collection of books, pamphlets, etc,; esp., such a collection arranged to facilitate reference. 2.98 Lodge: shall mean a tourist establishment catering to the vacationing public by providing meals and sleeping accommodation with at least five guest rooms or cabins, but shall not include any establishment otherwise defined or classified in this By-law. 2.99 Loft: means a storage area within a sloping roof. If the area is used for any purpose other than storage, the area within the sloping roof shall be considered a storey. 2.100 Lot: means a single, separate parcel of land, which is capable of being conveyed, whether such a parcel is described in a registered deed or is shown in a registered plan of subdivision, including any of its parts which are subject to right-of-way or easement. 2.101 Lot Area: means the total horizontal area within the lot lines of a lot. In the case of a corner lot having a sight triangle or having street lines rounding at the corner with a radius of 6 metres or less, the lot area of such lots shall be calculated as if the lot lines were extended to their point of intersection. 2.102 Lot, Corner: means a lot situated at the intersection of and abutting upon two or more roads provided that the angle of intersection of such roads is not more than 135 degrees. 2.103 Lot Coverage: means the percentage of the lot area covered by buildings and structures, including accessory buildings, but not including buildings located over the Crown lake bed or uncovered structures. 2.104 Lot Depth: means the horizontal distance between the front and rear lot lines. Where the front and rear lot lines are not parallel, it shall be the length of a straight line joining the mid-points of these lines. Where the side, front and rear lot lines are not determinable, the lot depth shall be the maximum separation between any two points on the boundary of the lot. 2.105 Lot Frontage: means the horizontal distance between the side lot lines measured along the front lot line, but where the front lot line is not a straight line, or where the side lot lines are not parallel, the lot frontage is to be measured either by a line equal to the minimum front yard measured back from and parallel to the chord of the lot frontage, or by the chord of the lot frontage, whichever is the greater. For the purpose of this paragraph, the chord of the lot frontage is a straight line joining the two points where the side lot lines or the lines, as defined in Section 2.95, extending from the side lot lines intersect the front lot line. Where the side, and/or front and/or rear lot lines are not determinable, the lot frontage shall be the distance of the maximum separation between any two points on the boundary of the lot. 2.106 Lot Line: means any boundary of a lot or the vertical projection thereof. 2.107 Lot Line, Front: means, in the case of an interior lot, the line dividing the lot from the road. In the case of a corner lot, the shorter lot line abutting a road shall be deemed to be the front lot line and the longer lot line abutting the road shall be deemed to be a side lot line. In the case of a through lot, the lot line where the principal access to the lot is provided shall be deemed to be the front lot line. In the case of a lot with water frontage on a navigable waterway, the front lot line shall be the highwater mark of such waterway. In the case of a lot fronting on a road allowance or Crown Reserve along the shore of a navigable waterway, the front lot line shall be measured between the points where two straight lines extended from the intersection of the side lot lines with the inner limit of that shoreline road allowance or Crown Reserve intersect at an angle of 90 degrees February 1, 2017 Page 9 with the highwater mark. 2.108 Lot Line, Rear: means the lot line opposite the front lot line. 2.109 Lot Line, Side: means any lot lines other than the front lot line and the rear lot line. 2.110 Lot, Through: means a lot bounded on two opposite sides by roads or navigable water. 2.111 Machine or Welding Shop: means a building or structure where manufacturing is performed by tradesmen requiring manual or mechanical skills and may include a carpenter's shop, a locksmith's shop, a gunsmith's shop, a tinsmith shop, a commercial welder's shop or similar uses. 2.112 Manufacturing: means the use of land, building or structure designed for the purpose of manufacturing, assembly, making, preparing, inspecting, ornamenting, finishing, treating, altering, repairing, warehousing or storing or adapting for sale of any goods, substance, articles, thing or service, but shall not include an obnoxious use, mine, pit or quarry. 2.113 Marina: includes buildings, structures or lands, containing docking facilities and automobile parking areas, where boats and boat accessories are built, stored, serviced, repaired or kept for sale and where facilities for the sale of marina fuels and lubricants may be provided. Such an establishment may include facilities for mooring, storing and fueling float-equipped aircraft. 2.114 Minister: means the Minister responsible for the administration of the Planning Act. 2.115 Mobile Home: 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 trailer otherwise designed. 2.116 Mobile Home Park: means an area set aside for the use of mobile homes in which communal sewer, water and hydro services are provided and in which community laundry, social, local commercial and recreation facilities may be located, and which is licensed for this purpose by the Municipality. 2.117 Modular Homes: means any dwelling that is designed in more than one unit and is designed to be made mobile on a temporary basis, on a perimeter wall foundation and constructed or manufactured to Building Code Standards to provide a permanent residence for one or more persons, but does not include a mobile home, recreational travel trailer or recreational motor vehicle as defined herein. 2.118 Motel: includes a commercial establishment other than a boarding house, catering primarily to the travelling public by supplying overnight sleeping accommodation with or without meals. 2.119 Motorhome: means any motor vehicle so constructed as to be a self-contained, self-propelled unit, capable of being used for human habitation including eating, sleeping, relaxing for one or more persons. 2.120 Motor Vehicle: means an automobile, truck, motorcycle, motorized snow vehicle, and any other vehicle propelled or driven other than by muscular power but does not include cars of electric or steam railways, or other motor vehicles running only upon rails, or a traction engine, farm tractor, self-propelled implement of husbandry or road building machine within the meaning of the Highway Traffic Act. 2.121 Municipality: means the Corporation of the Municipality of McDougall. 2.122 Navigable: means any body of water which is capable, in its natural state or normal water level, of being navigated by floating vessels of any description for the purposes of transportation, recreation or commerce so long as such navigation does not negatively impact the aquatic environment of that body of water; it also includes a canal and any other body of water created or altered for public use as a result of the construction of any work, as well as any waterway where the public right of navigation exists by dedication of the waterway for public purposes or by the public having acquired the right to navigate through long use. February 1, 2017 Page 10 2.123 Nursery or Commercial Greenhouse: means a building or structure, and lands associated therewith, for the growing of flowers, fruits, vegetables, plants, shrubs, trees or similar vegetation together with gardening tools and implements which are sold at retail from such building or lot to the general public. 2.124 Nursery School: includes a day nursery within the meaning of The Day Nurseries Act for Ontario. 2.125 Nursing Home: includes a home as defined by The Nursing Homes Act for Ontario for the care of elderly or chronically ill persons. 2.126 Park, Private: means any open space or recreational area, other than a public park, owned and operated or maintained in whole or in part for use by the owner(s) only for swimming, boating, gardening and ski trails. 2.127 Park, Public: means any open space or recreational area, owned or controlled by the Municipality or any other Authority established under any statute of the Province of Ontario and may include one or more athletic fields, field houses, community centres, bleachers, swimming pools, greenhouses, botanical gardens, zoological gardens, bandstands, skating rinks, tennis- courts, bowling greens, boat liveries, bathing stations, curling rinks, refreshment rooms, fair grounds, arenas, tent or trailer camps or parks, golf courses, or similar uses. 2.128 Parking Area: means an area provided for the parking of motor vehicles and may include aisles, parking spaces and related ingress and egress lanes or a private garage, but does not include any part of a public road or street. 2.129 Parking Lot: means a parking area operated by either a private or public organization for public use. 2.130 Parking Space: means an area of not less than 18 square metres, exclusive of any aisles or ingress and egress lanes, usable for the temporary parking or storage of motor vehicles, and may include a private road. 2.131 Person: means a person as defined in The Interpretation Act for Ontario. 2.132 Pit: means any pit or excavation made for the purpose of searching for, or the removal of any natural occurring soil, earth, clay, marl, sand, gravel or rock for commercial purposes but does not include an excavation incidental to the construction or alteration of a building for which a building permit has been granted or a wayside pit as defined herein. A pit does not include any excavation requiring blasting; washing; crushing or processing of earth materials. 2.133 Place of Entertainment: means a building, lot or structure for a motion picture or other theatre, arena, curling rink, auditorium, public hall, billiard or pool room, bowling alley, ice or roller skating rink, dance hall or music hall; but does not include any place of entertainment or amusement otherwise defined or classified. 2.134 Point of Intersection: means the point at which two street lines abutting a corner lot intersect or if the two street lines meet in a curve then it is the point at which the production of the two lines abutting the two streets intersect. 2.135 Portable Asphalt Plants: means a facility used for a public road project: (a) 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; and (b) which is not of permanent construction, but is designed to be dismantled and moved to another location as required. 2.136 Pumphouse: means a building or structure used to fence, wall in, or cover a hydraulic device used to deliver, pressurize or store a private domestic water supply and accessory equipment or February 1, 2017 Page 11 tools. 2.137 Quarry: means an excavation of rock or other earthen materials that includes blasting and/or washing and/or processing of the blasting materials and may include rock crushing. 2.138 Recreational vehicle: means a vehicle which provides sleeping and other facilities for short periods of time, while travelling or vacationing, designed to be towed behind a motor vehicle, or self-propelled, and includes such vehicles commonly known as travel trailers, truck trailers, pickup coaches, motorized campers, motorized homes or other similar vehicles and shall not include a mobile home. 2.139 Rental Unit: means a detached dwelling that is offered as a place of temporary residence, lodging or occupancy by way of lease, rental agreement or similar commercial arrangement. A Rental Unit does not include lodging found in any Tourist Commercial (C2) Zone, including a motel, hotel, rental cottage, tourist cabin, bed and breakfast, and it excludes any rentals that exceed 30 consecutive days or more to the same tenant, throughout all or part of a calendar year. 2.140 Retail Store: means a building or part of a building where goods, wares, merchandise, substances or articles are offered for retail sale. 2.141 Restaurant, Licensed: means a building or part of a building where food is offered for sale or sold to the public for immediate consumption therein with a license to sell alcoholic spirits issued by the Liquor Licensing Board of Ontario. 2.142 Restaurant, Take-Out: means a lot and/or building or structure or part thereof where refreshments, food or meals are served to the public in consideration of payment, specializing in fast-food preparation, the provision of take-out service and/or the dispensing of meals by means other than individual table attendants. 2.143 Restaurant, Unlicensed: means a building or part of a building where food is offered for sale or sold to the public for immediate consumption therein without a license to sell alcoholic spirits issued by the Liquor Licensing Board of Ontario. 2.144 Riding Stable: means an area of land which is used for horse training, handling, care, or for the lodging of horses. 2.145 Road, Private: means any roadway or openway that allows for the passage of a conventional passenger vehicle, but does not include a public road or public highway as defined in the Municipal Act. 2.146 Salvage Yard: means land or buildings used for a wrecking yard or premise, the keeping and/or storing of used motor vehicles, farm implements, building products, waste paper, rags, bones, bottles, bicycles, tires, old metal, other scrap material or salvage and where such materials are bought, sold, exchanged, baled, packed, disassembled or handled for further use. 2.147 Satellite Dish: means a structure used or intended to be used to receive broadcast signals from satellites. 2.148 Sauna: means a building with a single room that is used for steam or dry heat baths, and not for human habitation. 2.149 Saw Mill: means an establishment for sawing logs with power-driven machinery including portable machinery and facilities. 2.150 School: means a school under the jurisdiction of a Board as defined by the Ministry of Education or Ministry of Colleges and Universities. 2.151 Septic System: means a private wastewater treatment system that collects and treats human waste. February 1, 2017 Page 12 2.152 Service Shop: includes a building or part of a building, whether used in conjunction with a retail store or not, for the performance of personal services such as a barber shop or beauty parlour, or for the servicing or repairing of articles, goods or materials, in which no product is manufactured. 2.153 Service Station: means one or more pump islands, each consisting of one or more gasoline pumps, and a shelter having a floor area of not more than 2.5 metres, which shall not be used for the sale of any product other than liquids and small accessories required for the operation of motor vehicles, but shall not include any other establishment otherwise defined or classified in this By-law. 2.154 Setback: means the open, uncovered and unoccupied horizontal distance appurtenant to a building or structure. 2.155 Shop, Variety or Grocery: means a building or structure used for the performance of retail services provided that no repairing or manufacturing of articles, goods or materials is permitted in such building or structure. 2.156 Shoreline: means the point where the water meets the land regardless of the original or high water mark. 2.157 Short Term Accommodation: is defined as a use of a building or structure or part thereof that operates or offers a place of temporary residence, lodging or occupancy by way of concession, permit, lease, license, rental agreement or similar commercial arrangement for the travelling or vacationing public for any period less than thirty (30) consecutive calendar days, throughout all or any part of a calendar year by any individual, organization or corporation either continuously or as an aggregate in any given calendar year. Short Term Accommodation shall not mean or include a motel, hotel, bed and breakfast establishment, tourist establishment, cottage resort, rental cottage establishment or commercial resort. A residential or seasonal dwelling unit that rents, leases, or assigns the said dwelling for a period greater than thirty (30) consecutive calendar days through all or any part of a calendar year to the same tenant is not considered a "Short Term Accommodation" unit. 2.158 Sight Triangle: means the triangular space formed by two intersecting street lines and a line drawn from a point in one street line to a point in the other street line, each point being 12 metres measured along the street line from the point of intersection of the street lines. 2.159 Slaughterhouse: means a place, building or structure where animals are butchered. 2.160 Sleeping Cabin: means a building for overnight accommodation which is accessory to a single detached dwelling and which contains no cooking facilities. 2.161 Storage Building: means when referring to a principal use on a lot, a one storey building not exceeding 4 metres in height, having a ground floor area greater than 10 square metres and a maximum ground floor area of 11.5 square metres to be used for the storage of property maintenance equipment and not for human habitation but does not include a tent or trailer as defined in this By-law. 2.162 Storage Terminal, Truck or Bus: means any building or land where trucks or buses are rented, leased, kept for hire, stored or parked for commercial purposes. 2.163 Store, Retail: includes a building or part of a building where commodities or goods are sold to ultimate consumers for personal or household consumption, but it does not include any retail outlet otherwise classified or defined in this By-law. 2.164 Storey: means the portion of a building other than the basement, cellar or attic which lies between the surface of the floor and the surface of the next floor above it, or if there is no floor above it, then the space between such floor and the ceiling or roof next above it. February 1, 2017 Page 13 2.165 Storey, First: means the storey with its floor closest to finished grade and having its ceiling at least 1.5 metres above finished grade, but is not a basement. 2.166 Street: means a public highway or public road which affords the principal means of access to abutting lots but does not include a lane, private road, right-of-way, or unopened road allowance. 2.167 Street Line: means the dividing line between a lot and a street or a road. 2.168 Structure: means anything constructed or erected, other than a building, and, for the purposes of this By-law, shall include a tennis court, a vehicle or a boat. 2.169 Studio: means a building accessory to a single detached dwelling without sleeping accommodations and no cooking facilities to be used exclusively for a room where an artist, photographer or similar crafts works. 2.170 Summer Camp: means buildings, structures or lot where persons are lodged during the summer months in connection with camping or recreational purposes. 2.171 Tavern: see Hotel, Motel and Restaurant, Licensed defined herein. 2.172 Tennis Court: includes a flat structure, whether such structure is made of natural materials or not, that may or may not be elevated above the ground on which the game of tennis or other racquet sports are played, and which is surrounded by a fence. 2.173 Tent: means any kind of temporary shelter for sleeping that is not permanently fixed to land and that is capable of being easily moved, but does not include a structure. 2.174 Tourist Establishment: includes buildings, structures, or uses operated to provide sleeping accommodation for the travelling public or sleeping accommodation for the use of the public engaging in recreational activities and includes the services and facilities in connection with which sleeping accommodation is provided and includes cottage resorts, lodges, rental cottages, trailer parks, a camping establishment, hotel, motel, short term rentals and other similar uses as defined in the by-law. 2.175 Tradesman Shop: means a yard of any tradesman where equipment and material are stored or where a tradesman performs shop or assembly work but does not include any other yard or establishment otherwise defined or classified herein. 2.176 Trailer: means any vehicle so constructed that it is suitable for being attached to a motor vehicle for the purpose of being drawn or propelled by the motor vehicle, and is capable of being used for the living, sleeping or eating accommodation of persons, notwithstanding that such vehicle is jacked-up or that its running gear is removed. 2.177 Trailer Park: means an area, that may be licensed by the Township which is set aside for trailers which are being used for travel, vacation or recreational use on a seasonal basis where community laundry, social, local commercial and recreational facilities may be located, and where mobile homes are not permitted. 2.178 Transfer Station: means a parcel of land and/or structure used for the collection of waste for a temporary time until such waste may be transported, but does not include a waste disposal site. 2.179 Vehicle: means a vehicle as defined in the Highway Traffic Act. 2.180 Warehouse: means a building or part of a building used for the storage and distribution of goods, wares, merchandise, substances or articles and may include facilities for a wholesale or retail commercial outlet, provided that they do not exceed 10 percent of the gross floor area, but shall not include a truck or transport terminal or yard. 2.181 Waste Disposal Site: means any land or land covered by water, upon, into, in or through which, or building or structure in which, waste is deposited or processed and any machinery or equipment or operation required for the treatment or disposal of waste and for which a Certificate of Approval has been secured from the appropriate government authority. February 1, 2017 Page 14 2.182 Water Supply: means a distribution system of underground piping and related storage, including pumping and purification appurtenances owned and operated by the Township or the Provincial Government for public use. 2.183 Wayside Pit or Quarry: means a temporary excavation from which sand, gravel or earth fill material is removed by: a) a public authority for its own use in maintaining local roads and highways or for land fill sites; b) the owner of a lot having an area of at least two hectares for his own personal use; or, c) someone issued a quarry permit from the appropriate government authority to extract sand or gravel from Crown land. 2.184 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 exclusive of any man-made drainage areas. In either case the presence of abundant water has caused the formation of hydric soils and has favoured the dominance of either hydrophytic plants or water tolerant plants. The four major types of wetlands are swamps, marshes, bogs and fens. 2.185 Yard: means the open, uncovered and unoccupied horizontal space appurtenant to a building. 2.186 Yard, Front: means a yard extending across the full width of the lot between the front line of the lot and the nearest part of any building or structure on the lot, with the exception of any encroachment permitted in accordance with this By-law. 2.187 Yard Depth, Front: means the least distance between the front lot line of the lot and the nearest part of any building or structure on the lot, with the exception of any encroachment permitted in accordance with this By-law. 2.188 Yard, Rear: means a yard extending across the full width of the lot between the rear lot line of the lot and the nearest part of any building or structure on the lot, with the exception of any encroachment permitted in accordance with this By-law. 2.189 Yard Depth, Rear: means the least distance between the rear lot line of the lot and the nearest part of any building or structure on the lot, with the exception of any encroachment permitted in accordance with this By-law. 2.190 Yard, Required: means the minimum yard required by the provisions of this By-law. 2.191 Yard, Side: means a yard extending from the side lot line of the lot to the nearest part of any building or structure on the lot, with the exception of any encroachment permitted in accordance with this By-law. 2.192 Yard, Exterior Side: means a side yard immediately adjoining a road or a 0.3 metre reserve abutting a road. 2.193 Yard, Interior Side: means a side yard other than an exterior side yard. February 1, 2017 Page 15 SECTION 3 - GENERAL PROVISIONS The contents of this Section are: Subsection 3.01 Zones 3.02 Zone Boundaries 3.03 Accessory Uses 3.04 Application of By-law 3.05 Automobile Service Establishment or Public Garage 3.06 Bed and Breakfast 3.07 Boathouses/Boatports 3.08 Bridges, Causeways and Watercrossings 3.09 Buffer Areas 3.10 Building in a Built-up Area 3.11 Building Repair and Reconstruction 3.12 Buildings to be Moved 3.13 Certificate of Occupancy 3.14 Connections Between Buildings 3.15 Continuation of Farming Use 3.16 Converted Dwelling 3.17 Crown Land 3.18 Decks 3.19 Dock Regulations 3.20 Dredging and Filling 3.21 Dwelling Unit in Non-Residential Building or Lot 3.22 Existing Buildings on Lots with Inadequate Requirements 3.23 Exotic Animals 3.24 Fences 3.25 Frontage on Public Road or Street 3.26 Garden Suites 3.27 Gazebo 3.28 Georgian Bay Flood Elevation 3.29 Group Homes 3.30 Height Exceptions 3.31 Holding Provisions- 'H' Suffix 3.32 Home Industry 3.33 Home Occupation 3.34 Hunt Camps 3.35 Keeping of Horses 3.36 Kennels 3.37 Lights 3.38 Limited Services 3.39 Loading Space Regulations 3.40 Lot Having Less Area, Frontage or Depth Than Required 3.41 Measurement of Lot or Island Area 3.42 Minimum Distance Separation 3.43 Mining 3.44 Mobile Homes 3.45 Multiple Zones 3.46 Non-Conforming Uses 3.47 Number of Dwelling Units on One Lot 3.48 Occupation of Unserviced or Incomplete Dwelling 3.49 Outdoor Wood Burning Furnace 3.50 Parking Area Regulations 3.51 Pits and Quarries 3.52 Prohibited Uses 3.53 Public Uses 3.54 Pumphouse Restrictions 3.55 Reduction of Requirements 3.56 Rentals February 1, 2017 Page 16 3.57 Sauna 3.58 Seasonal Dwellings 3.59 Septic Systems 3.60 Setback From Environmental Protection Area 3.61 Shore Road Allowance 3.62 Shore Road Allowance as Yard 3.63 Short Term Accommodations 3.64 Signs 3.65 Sleeping Cabins 3.66 Special Uses Permitted 3.67 Swimming Pools 3.68 Tennis / Sports Courts 3.69 Tent and Trailers 3.70 Through Lot 3.71 Tourist Commercial Regulations 3.72 Trailers, Motorhomes or Tents 3.73 Unzoned Lands 3.74 Use for Hazardous Purpose 3.75 Use of Vacant Lands 3.76 Waste Disposal Site To Be Set Back 3.77 Width Restrictions 3.78 Wind Generation 3.79 Yard and Setback Encroachments Permitted 3.01 Zones For the purpose of this By-law, the following Zones are established and are shown on the various sheets comprising Schedule 'A' to this By-law: Zone Zone Symbol RURAL RU RESIDENTIAL RR MULTIPLE RM RESIDENTIAL WATERFRONT WF1 RESIDENTIAL 1 WATERFRONT WF2 RESIDENTIAL 2 WATERFRONT WF3 RESIDENTIAL 3 WATERFRONT WF4 RESIDENTIAL 4 WATERFRONT WF5 RESIDENTIAL 5 WATERFRONT WF6 RESIDENTIAL 6 COMMERCIAL C1 TOURIST C2 COMMERCIAL RESORT C3 COMMERCIAL INDUSTRIAL M1 LIGHT INDUSTRIAL M2 February 1, 2017 Page 17 INDUSTRIAL PIT M3 INDUSTRIAL PIT M4 & QUARRY WASTE DISPOSAL M5 OPEN SPACE OS ENVIRONMENTAL EP PROTECTION FLOOD PLAIN FP SPECIAL SP PROVISIONS LIMITED SERVICES LS HOLDING H and no person shall use any land or erect, alter or use any building or structure except in accordance with the provisions of this By-law. 3.02 Zone Boundaries Where the boundary of a zone does not coincide with a road, a railway right-of-way, a lot line, the boundaries of registered survey plans, or a natural feature such as a creek, stream or shoreline, the location of the boundary line shall be scaled from the Zoning Maps - Schedule 'A'. 3.03 Accessory Uses a) Where this By-law provides that land may be used or that a building or structure may be erected, altered or used for a purpose, that purpose shall be deemed to include any accessory building or structure or any use incidental thereto excepting those lands within an Environmental Protection Zone. Subject to the provisions of Section 3.65, an accessory building, structure or use may only be established once the main building, structure or use has been established. b) Except as may be provided elsewhere in this By-law, any accessory building or structures which is not attached to the main building shall be erected behind the front line of the main building or shall comply with the front yard requirements of the zone in which the main building is situated whichever is the lesser. Such accessory buildings or structures shall not occupy more than 5 percent of the lot area. c) Notwithstanding Sub-paragraph (b) above, a dock , wharf, marine railway, sauna or gazebo 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 other governmental authority having jurisdiction has been obtained and provided that the dock , wharf, marine railway, sauna or gazebo is located not closer than 6 metres to the side lot line and does not encroach upon said 6 metre side yard when the lot boundaries are extended into the water. This provision would not allow buildings and structures to be located in an Environmental Protection Zone. Any side line extension into the water shall apply to a maximum distance of 30 metres. d) Where an accessory building is used for a Home Industry, as referred to in 3.32, such buildings shall be located on the lot at a setback from any abutting road or street which is 15 metres greater than the setback required by this By-law for the main building on the lot. e) The use of any accessory building or structure, other than a sleeping cabin or half storey within a detached garage, for human habitation is not permitted, except where a dwelling unit is a permitted accessory use. The use of any accessory building or structure for the keeping of animals, other than domestic pets, is not permitted in any Residential or Waterfront Zone unless specifically authorized by the provisions of that zone. February 1, 2017 Page 18 f) Notwithstanding sub-paragraph a), b), c), d) and e) above, no accessory buildings, structures or uses are permitted on a lot where the principal use on the lot is a storage building. g) Tent-like, portable structure used to shelter vehicles or materials are permitted accessory structures to a RR, WF1-WF6 and RM use subject to a maximum of one for any given property and no such structure shall exceed 60m2. 3.04 Application of By-law This By-law applies to all lands within the Municipality. Notwithstanding the provisions of Section 3.02, where any Zone on the Schedules abuts a waterway, such Zone shall be deemed to extend into the waterway and to apply to any water lots, Crown lake bed or any land created by changing lake levels, land fill operations or by any other means, and to extend over all docks, boathouses, breakwalls, groins, seawalls, cribs, anchorages and floating or buoyant structures, boats or barges whether or not they are fastened to the shoreline, beached or anchored to the Crown lake bed. No building or structure shall be erected, altered or used, and the use of any building, structure or lot shall not be changed in whole or in part except to accord with only those uses expressly permitted by the provisions of this By-law. 3.05 Automobile Service Establishment or Public Garage Notwithstanding the provisions of this By-law and Schedule 'A' attached hereto, a pump island may be located within any front yard or exterior side of an automobile service establishment or public garage, provided that: a) the minimum distance between any portion of the pump island and any lot line shall be 6 metres; and, b) where the lot is a corner lot, no portion of any pump island shall be located closer than 4 metres to the base of a sight triangle. 3.06 Bed and Breakfast A bed and breakfast is a permitted use in any zone excepting a Waterfront Residential Zone subject to the following: (a) A maximum of 3 guest rooms will be provided for in the main single detached dwelling; (b) The bed and breakfast shall not change the character of the main single detached dwelling on the lot; and, (c) Where the bed and breakfast is located and used in combination with a home industry or home occupation, no more than 35% of the total floor area of the main dwelling may be used for a combination of these purposes. 3.07 Boathouses/Boatports Except where permitted in the Tourist Commercial (C2) Zone, no person shall use land adjacent to, or on a navigable waterway for, the purpose of a boathouse/boatports. February 1, 2017 Page 19 3.08 Bridges, Causeways and Watercrossings Any bridge spanning or crossing a navigable waterway or two points of land will require approval under the Bridges Act where applicable. No person shall use any lot adjacent to a waterway for the purpose of erecting a structure or placing material for the construction of a roadway, walkway, bridge or causeway to join two lots, islands and/or parcels separated by navigable water without obtaining the appropriate authorization from any government authority having jurisdiction. 3.09 Buffer Areas Anywhere in this by-law where a buffer area is required, it shall consist of an area to remain in its natural state where native vegetation is to remain undisturbed. The buffer area shall be located within the zone where it is required and will be maintained to preserve a natural vegetative screen. Exceptions may be made in buffer areas for pathways, the removal of dead or hazardous trees or the thinning of trees for views. 3.10 Building in a Built-up Area Despite the yard and setback provisions of this By-law, where a permitted building and structure is to be erected on a lot in a built-up area where there is an established building line, such building or structure may be erected closer to the front lot line up to a maximum of five metres than required by this By-law provided that such building or structure is not erected closer to the front lot line than the established building line on the date of the passing of this By-law. This provision does not apply to waterfront zones. 3.11 Building Repair and Reconstruction 3.11.1 Non-Complying Lots (a) Where a dwelling unit legally existed on a lot with inadequate frontage, depth or area requirements, it may be enlarged provided there is compliance with all applicable provisions of this By-law. (b) A dwelling unit is permitted use on a lot having less area, frontage and depth required by this By-law provided there is compliance with all applicable provisions of this By-law including 3.40. 3.11.2 Non-Complying Buildings - Waterfront Zones (a) Where a dwelling or accessory building legally exists on a lot zoned WF1 to WF6 inclusive and that dwelling does not comply with the yard, height or coverage requirements of this By- law, nothing shall prevent the repair or reconstruction of that dwelling or accessory building so long as the repair or reconstruction does not further contravene the yard, height or coverage requirements of the by-law and further provided that any reconstruction is located on the same footprint as the existing dwelling or accessory building. (b) Notwithstanding the provisions of 3.11.2(a) above, where a dwelling unit encroaches upon the required front yard in a WF1 through WF6 zoning, the dwelling may be enlarged, repaired, replaced or renovated in that yard provided that the enlargement, repair, replacement or renovation does not further contravene the front yard and complies with the following: Existing Front Yard Maximum Allowable Gross Floor Area Increase <3m 50m2 >3m - <6m 75m2 >6m - <10m 100m2 February 1, 2017 Page 20 Provided that all other applicable zone regulations and provisions are met. The expansion of a legal noncomplying building in accordance with the above chart will only apply once over the life of this by-law. 3.11.3 Non-Complying Buildings - Residential Zones Where a dwelling or accessory building legally exists on a lot zoned RU, RR or RM, that dwelling or accessory building may be enlarged, repaired, replaced or reconstructed so long as the repair, enlargement, replacement or reconstruction of such building does not further contravene the yard, height or coverage requirements of this By-law. 3.11.4 Non-Complying Buildings - All Zones Legal non-complying accessory buildings or structures may not be enlarged or extended except where the enlargement or extension does not increase the non-complying feature and complies with all other applicable provisions of the by-law. 3.12 Buildings to be Moved No building or structure which would have required a building permit for its construction shall be moved to any location within the Municipality without the issuance of a building permit from the Municipality. This requirement does not apply to the temporary removal or placement of a floating dock or docks for winter storage. 3.13 Certificate of Occupancy No change may be made in the type of use of any lot covered by this By-law or of any building or structure on any such lot or of any part of such lot, building or structure, until a Certificate of Occupancy has been issued by the Municipality to the effect that the proposed use complies with this By-law. 3.14 Connections Between Buildings Buildings are deemed to be detached even though they may be connected by an unenclosed passageway, breezeway or roof. There must be a shared wall to consider any building attached. 3.15 Continuation of Farming Use Nothing in this By-law shall prevent the continued use of any land, building or structure for farming purposes or any addition or extension of such use provided that any such additions or extensions shall comply with the requirements for a Rural (RU) Zone as to coverage, yard and height provisions. 3.16 Converted Dwelling A converted dwelling is permitted in any zone except the WF1 to the WF6 zones provided that: (a) there is no substantial change in the character of the single detached dwelling; (b) the converted dwelling does not exceed the floor area of the main dwelling; (c) there is a separate entrance; and (d) compliance with all other by-law and Building Code requirements. 3.17 Crown Land It is recognized that this By-law may not apply to Crown land. However, this By-law shall apply to any Crown land that is authorized to any private individual, corporation or organization by means of any patent, lease or permit where upon any general provisions or zone requirements shall apply. February 1, 2017 Page 21 Where any zone abuts a waterway, such zone shall be deemed to extend in to the waterway and apply to any waterlots, flooded or Crown land or Crown lake bed. 3.18 Decks Notwithstanding the yard and setback provisions of this By-law, a detached accessory deck on a lot zoned for residential use adjacent to a recreational waterbody may be located in the front yard up to 2.0 metres from the high water mark, if the total area of the deck does not exceed 20 square metres and if the floor of the deck is no more than 2.0 metres above the average grade of the land over which it is located and provided the lands are not located in an Environmental Protection Zone. 3.19 Docks (a) No more than two docks are permitted for each property. (b) All docks must have a minimum 6 metre side yard including the straight line extension of the side yard into the water up to a distance of 30m. (c) No dock can exceed 30 metres in length perpendicular to the shoreline. (d) No individual dock or dock system can exceed 100m2. (e) The maximum cumulative area of all docks cannot exceed 200m2. (f) The maximum cumulative width of any dock or docks cannot exceed 25 metres or 30 percent of the lot frontage, whichever is lesser. (g) Walkways or stairways to the water's edge not exceeding 2 metres in width shall not be considered part of the total dock area. (h) No dock shall extend more than 25% of the total distance across an adjacent waterway. (i) All docks must be approved by the appropriate government authority where applicable. (j) No lights shall be permitted on a dock unless the light is authorized or required by the appropriate government authority. (k) A dock may be permitted in an Environmental Protection (EP) Zone where authorized by the appropriate government authority. (l) No buildings or structures are permitted on docks (m) No buildings or structures are permitted on docks except as follows: (i) tent-like structures for the purpose of shade protection consisting of canvas or plastic material with open sides that have a maximum area of 60 square metres, a maximum mean height of 2.4 metres; and where said structures are capable of being removed; (ii) water slide not exceeding 3.0 metres in height and 5 metres in length; (iii) a diving board not exceeding 1.0 meters in height. for the purpose of this section, height is measured from top of dock to peak of structure. (n) A dock is a permitted accessory use once the main use is established except that a dock is a permitted temporary use for vacant water access properties. (o) A building permit will not be required for the seasonal storage of a dock structure or minor locational changes to accommodate fluctuating water levels. (p) A marine railway will be subject to a 6 metres side yard. February 1, 2017 Page 22 3.20 Dredging and Filling No person shall dredge or fill any navigable waterway or wetland unless: a) specifically authorized by the provisions of this By-law; b) such lands or waters are zoned in a Commercial (C) or Industrial (M) Zone; c) such dredging is specifically intended for channelization on Georgian Bay in response to periods of low water; and d) such dredging has been authorized by any government agency having jurisdiction in consultation with Council subsequent to the completion of any relevant assessments. Note: The provisions contained in this section are authorized under Section 34 of the Planning Act and apply to the regulations of buildings, structures and the use of land. Other associated activities are not regulated by this Section. 3.21 Dwelling Unit in Non-Residential Building or Lot No person shall use any land, or erect, alter or use any building or structure for the purpose of a separate dwelling unit or units on a lot in a C1, C2, C3, M1, M2, M3 or M4 zone, unless the following provisions are met: a) Up to two single dwelling units are permitted for the personal use of the owner, operator or an employee of the non-residential use, provided that each unit has a water supply and sewage system, which has been approved by the appropriate authority. b) The dwelling unit or units has a minimum floor area in accordance with the requirements of the Building Code Act. c) The dwelling unit or units has separate washroom and kitchen facilities from those of the non-residential use. d) Each dwelling unit shall have a separate parking space in addition to the parking spaces otherwise required for the non-residential use(s). e) The dwelling unit or units shall have a separate building entrance to that provided for the non-residential use. f) The gross floor area of the residential portion of a non-residential building in a Commercial or Industrial Zone shall not exceed 50 per cent of the total floor area. Notwithstanding the provisions of this By-law, no dwelling unit shall be located in a non-residential building that is used for an Automobile Service Establishment or a Public Garage. 3.22 Existing Buildings on Lots With Inadequate Requirements Where one or two single detached dwellings legally existed on a lot with inadequate frontage, depth or area requirements, either may be enlarged provided there is compliance with all other applicable provisions of this By-law. 3.23 Exotic Animals No land, building or structure shall be used for the keeping of exotic animals except in accordance with any by-law or permission otherwise authorized by the municipality. February 1, 2017 Page 23 3.24 Fences A fence erected in the Municipality shall comply with the following provisions: (a) a fence is not permitted in the front yard of any WF1 to WF6 Zone; (b) the maximum height of a fence will be 2 metres; (c) a fence is permitted within any required yard except as restricted in paragraph (a) above; and (d) notwithstanding paragraph (b), the maximum height of a fence in a non-residential zone will be 3 metres. 3.25 Frontage on Public Road or Street No person shall erect any building or structure in any zone unless the lot upon which such building or structure is to be erected fronts upon an open public highway maintained year-round by the Municipality or public authority, except in: (a) a Waterfront Zone, a dwelling unit may front on a navigable waterway; (b) a Rural (RU) Zone, a hunt camp; or, (c) a commercial or industrial zone, the lot may front upon a private road or right-of-way having a minimum width of 20 metres. 3.26 Garden Suites A garden suite up to 80m2 in floor area is a permitted use in a Rural (RU) or Residential (RR) Zone subject to the land owner entering in to an agreement with the Municipality that deals with the following matters: (a) specifying the temporary nature of the garden suite including location restrictions on the lot; (b) providing for the installation, maintenance and removal of the garden suite; (c) identifying the period of time that the garden suite may exist not to exceed 20 years; and (d) providing for a security deposit to cover the cost of administering the agreement and ultimate removal of the garden suite. 3.27 Gazebo Notwithstanding the front yard requirements of this By-law, a gazebo not exceeding 10m2 of floor area and a height of 3 metres may be located in the front yard subject to complying with any required side yards. Any attached deck to a gazebo cannot exceed the footprint of the gazebo. Any attached deck to a gazebo cannot exceed 10m2. 3.28 Georgian Bay Flood Elevation No new buildings or structures for human habitation shall be permitted below the 178.3 metre elevation G.S.C. datum. 3.29 Group Homes Group homes are permitted in any residential zone provided they are licensed by the appropriate authority and provided there is no existing group home within one kilometre. February 1, 2017 Page 24 3.30 Height Exceptions (a) A place of worship, spire, belfry, clock tower, chimney, water tank, windmill, or antenna (not including satellite dishes), or solar collection device may exceed the height provisions of Schedule 'B'. (b) A public building, sanatorium, hospital or school may be erected to a height not exceeding 23 metres, provided the required yards are increased by 0.5 metres for each additional 0.5 metres of height by which the said building exceeds the height limit of the zone in which it is situated. 3.31 Holding Provisions - 'H' Suffix (a) All zones shown on Schedule 'A' to this By-law having the suffix '(H)' symbol affixed to the various zone symbol are subject to the provisions of this subsection. (b) Notwithstanding the permitted uses in any of the zones of the By-law, no person shall within any lands having the suffix '(H)' symbol added to the standard zone symbols as indicated on Schedule 'A' to this By-law, use any lot, erect, alter or use any structure for any purpose except those existing at the date of passage of this By-law. Accessory buildings and structures to existing single detached dwellings will be permitted under the '(H)' holding provisions. (c) The Holding symbol "H" shall be removed when: the required servicing is completed; the necessary agreements to allow for a development have been executed; or the investigations of a special feature associated with a development have been completed. 3.32 Home Industry Home industries where permitted by this By-law, are businesses that reflect small scale industrial- type uses conducted on non-waterfront residential and rural properties subject to the following provisions: (a) such uses shall include contractor, woodworkers, welding, machine shop, body shop, auto or marine repair; (b) there is no external advertising other than a sign erected in accordance with any by-law of the Township regulating signs; (c) there is no external storage of goods, materials or equipment; (d) such home industry is not an obnoxious use; (e) such home industry is clearly secondary to the main residential use and does not change the residential character of the dwelling unit or lot; (f) not more than five persons, other than the owner, are employed therein on a full-time basis; (g) the lot shall not have less than 60 metres of road frontage and 0.5 hectares of area; (h) where an accessory building is used for a Home Industry, such buildings shall be located on the lot at a setback from any abutting road or street which is 15 metres greater than the setback required by this By-law from the main building on the lot; (i) the maximum floor area of the home industry does not exceed 200m2. February 1, 2017 Page 25 3.33 Home Occupation Home occupations where permitted by this By-law, are businesses that are conducted entirely within a residential dwelling on a residential property by persons residing therein subject to the following provisions: (a) the business must be clearly secondary to the residential use; (b) there is no external display or advertising other than a sign erected in accordance with the Township's sign by-law; (c) there is no external storage of goods, materials or equipment; (d) not more than 25 percent of the floor area of the residence is used for the home occupation use; (e) the business must be conducted by the persons residing in the residents with no more than two employees; (f) the provision of adequate parking; (g) no noise, dust or other nuisances resulting from business; and (h) in a WF1 through WF6 zone, the home occupation is limited to an office, accountant, lawyer, hairdresser or any such similar service business. 3.34 Hunt Camps Hunt camps are permitted in the Rural (RU) zone subject to a minimum building size of 10 square metres and a maximum total floor area of 55.74 square metres with a minimum lot size of 10 hectares. 3.35 Keeping of Horses 3.35.1 No person may use any land, building or structure for the keeping of horses unless the land, is located in the Rural (RU) Zone, with a minimum lot size of 2.0 hectares and buildings and structures used to accommodate the animals are no less than 100 metres from the nearest dwelling. 3.35.2 Riding stables for equestrian training and operated as part of a business will be required to be located in a commercial zone. 3.36 Kennels No person shall use any land, or erect, alter or use any building or structure for the purpose of a kennel unless the following provisions are met: a) in the case of a Rural (RU) Zone, the lot has a minimum lot area of 1.0 hectares and the kennel is not located closer than 100 metres to the nearest dwelling unit; and b) in the case of lot zoned Commercial (C1), any building or structure use for sheltering the dogs in located no closer than 100 metres to any dwelling unit. 3.37 Lights No person shall erect or use an outside light fixture in any zone except in conformity with the February 1, 2017 Page 26 provisions contained in any by-law of the Township regulating lights and in conformity with the following provisions: (a) flashing lights other than navigational lights are prohibited; (b) lights may not be used where they would conflict with navigation; (c) all lights installed for the purpose of navigation, must be approved by the appropriate authority having jurisdiction; (d) lights used to illuminate structures or property shall be arranged to direct light away from adjacent premises, roads and waterways; (e) all external lights shall be dark sky compliant. 3.38 Limited Services Any lands zoned in the Waterfront Residential (WF) Zone or any other zone having a symbol "LS" attached to the attached to the zone symbol on Schedule 'A' will be subject to the provisions of this section. The Limited Services "LS" symbol attached to any WF zoned lands means that the lands do not have direct frontage or access to a publicly maintained, year round road. The "LS" zoning symbol indicates that the provision of full municipal road services and access to the affected property by emergency vehicles may not be available. 3.39 Loading Space Regulations a) Loading Space Requirements The owner or occupant of any non-residential lot, building or structure erected or used for any purpose involving the receiving, shipping, loading or unloading of persons, animals, goods, wares and merchandise and raw materials, shall provide and maintain at the premises on the lot occupied by the building or structure and not forming part of a street or lane, within the zone in which such use is located, one loading or unloading space 10 metres long, 3.5 metres wide and having a vertical clearance of at least 4 metres for each 450 square metres of floor area of the building or structure provided, however, that adequate space shall be provided for the parking of vehicles awaiting access to loading spaces. No loading space will be required for buildings less than 450 square metres of floor area. b) Access Access to loading or unloading space shall be by means of a driveway at least 6 metres wide. c) Loading Space Surface The driveways, loading and unloading spaces shall be constructed and maintained with a stable surface which is treated so as to prevent the raising of dust or loose particles and with provisions for drainage facilities. d) Location The loading space or spaces required shall be located in the interior side or rear yard unless set back from the street line a minimum distance of 25 metres. e) When a building or structure has insufficient loading space at the date of passing of this By-law to comply with the requirements herein, this By-law shall not be construed to require that the deficiency be made up prior to the construction of any addition. No addition may be built however, and no change of use may occur, the effect of which would be an increase in that deficiency. February 1, 2017 Page 27 3.40 Lots Having Less Area, Frontage or Depth Than Required Where a lot having a lesser frontage, area or depth than is required by this By-law is: (a) held under distinct and separate ownership from abutting lots on or before the date of passing of this By-law; or, (b) a lot on a registered plan of subdivision; or, (c) a lot created as a result of a consent granted by the Minister under the provisions of the Planning Act; or, (d) created as a result of an expropriation or other land acquisition by any authority having statutory powers of expropriation; or, (e) a lot created as a result of the granting of a consent by the land division authority; and where such a lot has a frontage of at least 30 metres, and a depth of at least 60 metres, or an area of at least 1,800 square metres, such lot shall be deemed to conform to the area, frontage and depth requirements of this By-law. 3.41 Measurement of Lot or Island Area For the purpose of calculating the lot area of any island or lot fronting on a navigable waterway, the water level to be used shall be the high water mark. 3.42 Minimum Distance Separation a) No building shall be constructed in the Rural (RU) zone which does not comply with the Minimum Distance Separation I (MDS I) and Minimum Distance Separation II (MDS II) Formulas as calculated using the provincial Implementation Guidelines (Publication 707). b) Setbacks for new dwellings from barns containing livestock, other than dwellings on the lot containing the barn shall be in compliance with MDSI Formulae. c) New barns or expansions to existing barns shall require setbacks in compliance with MDSII Formulae. 3.43 Mining No person shall use any land, or erect, alter or use any building or structure for the purpose of extracting any minerals unless a permit has been issued under the Mining Act. 3.44 Mobile Homes No person shall erect, locate or use any mobile home or homes except those located within a licensed mobile home park. 3.45 Multiple Zones Where a lot is divided into more than one zone, each portion of the said lot shall only be used in accordance with the provisions of the zone governing that portion. 3.46 Non-Conforming Uses Continuation of Existing Uses The provisions of this By-law shall not apply: a) to prevent the use of any land, building or structure for any purpose prohibited by this By- law if such land, building or structure was lawfully used for such purpose on the day of February 1, 2017 Page 28 the passing of this By-law, so long as it continues to be used for that purpose. In the case of a mobile home or trailer that is a nonconforming use, once the mobile home or trailer is removed, the legal nonconforming status is lost; or b) to prevent the erection or use of any building or structure for which a permit has been issued under the Building Code Act, prior to the day of passing of this By-law, for a purpose prohibited by 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) For the purpose of this Section, any dock used as such at the time of the incorporation of the Municipality shall be deemed to be lawfully used, notwithstanding the fact that it may have been constructed without an Improvement Permit being issued or obtained pursuant to Section 17 of the Public Lands Act RSO, 1970; and d) the seasonal removal of docks does not affect their non-conforming status, provided they are returned to their former location. e) Residential Use in a Commercial Zone Nothing in this By-law shall apply to prevent the alteration or enlargement of a residential dwelling unit or units existing on the day of passing of this By-law in a Commercial Zone, provided that the number of dwelling units is not increased and provided further that such alteration or enlargement is subject to all applicable general provisions and zone requirements of the Residential (RR) Zone. 3.47 Number of Dwelling Units on One Lot Only one dwelling unit shall be permitted on any lot. Exceptions to this provision include: i) An additional dwelling unit in a separate building for the accommodation of a farm worker and his family is permitted where the lot is greater than 25 hectares in area; ii) A converted dwelling or an accessory apartment where the lands are zoned Rural (RU), Residential (RR) or the Multiple Residential (RM) zone; iii) A garden suite in accordance with the provisions of this by-law; iv) An additional dwelling in an accessory or ancillary structure where there is no second dwelling in the main dwelling but excluding any Waterfront Residential (WF) Zone; v) Only one additional dwelling is available on any lot where a second unit is a permitted use. A secondary dwelling is permitted on any nonwaterfront lot so long as there is no other form of second dwelling unit permitted in this section. Such secondary dwelling may be permitted within the main dwelling or an accessory structure so long as the secondary dwelling floor area does not exceed the floor area of the main dwelling. 3.48 Occupation of Unserviced or Incomplete Dwelling No building shall be used for human habitation before the sanitary facilities have been installed and made fully operational as required by the local approval authority. 3.49 Outdoor Wood Burning Furnace An outdoor wood burning furnace, which is used for the space heating of buildings and structures, is permitted subject to the following requirements: i) An outdoor wood burning furnace is not permitted in an RR, WF1 - WF6 or RM Zone; February 1, 2017 Page 29 ii) An outdoor wood burning furnace must be setback from an adjoining dwelling a minimum of 30 metres. iii) The minimum setback from any lot line for an outdoor wood burning furnace shall be 20 metres; and iv) The construction or installation of an outdoor wood burning furnace is not permitted without a building permit from the Township and must comply with the manufacturer's installation instructions. 3.50 Parking Area Regulations Parking spaces and areas on every lot having access by road are required under this By-law in accordance with the following provisions: (a) Parking Space Requirements Every building or structure erected or used for any of the following purposes shall have the following parking spaces and areas: Type of Building Minimum Parking Required Building containing one dwelling unit 1 parking space, or 1 garage, or a carport Building containing two or more dwelling units 1 ½ parking spaces for each unit Bed and Breakfast and Boarding House 1 parking space for each bedroom Clinic 5 parking spaces for each practitioner Church, Assembly Hall, Funeral Home, Restaurant, Arena, Community Hall Where there are fixed seats, 1 parking space for every five seats or 3 metres of bench space, where there are no fixed seats, 1 parking space for each 10 square metres of floor area devoted to public use. Hospitals or Institutions 1 parking space for each 2 beds or 35 square metres of floor area whichever is greater, plus one additional space for each doctor or employee. Hotel or Motel 1 parking space per suite or guestroom, and 1 additional parking space for each 9 square metres of floor area devoted to public use. Office, including a Home Occupation 1 parking space for every 10 square metres of office or home occupation floor area. Variety or Grocery 1 parking space for every Shop 9 square metres of total floor area. A Retail Store, Service Store, or other similar 1 parking space for every 9 square metres of retail floor establishment area or 15 square metres of service area. Other Commercial Uses 1 parking space for every 15 square metres of total floor area. Schools 1 ½ parking spaces for each classroom, plus 1 separate bus loading area for every 2 classrooms. Industrial including Home Industry At least 1 parking space for every 90 square metres of total floor area used for such purposes up to 1800 square metres, plus one additional space for every 800 square metres of total floor area used for such purposes over 1800 square metres including any basement area if used for such purpose. Marina 1.25 parking spaces for every docking slip. b) Parking Area Requirements Parking areas shall conform to the following provisions: February 1, 2017 Page 30 (i) the parking area shall be located on the same lot as the use it is intended to serve, except in the case of a water access lot where the parking area shall be located in a zone where such use is permitted by this By-law or within 500 metres of the lot it is intended to serve in the case of a commercially zoned property; ii) each parking space shall be at least 3 metres by 6 metres and shall be provided with unobstructed access to a street directly or by way of a driveway, aisle, lane or private road; (iii) any parking area designed to serve water access lots shall have a minimum area of 100 square metres for each lot to be served and no parking shall be permitted within 15 metres of the high watermark or within 6 metres of any side lot line abutting a lot in a Residential Zone and be owned by or registered on title to the water access land owner. C) Parking Area Surface In a Commercial or Industrial Zone, a parking areas and driveways or aisles connecting the parking areas with a street shall be maintained with a stable surface which is treated so as to prevent the raising of dust or loose particles. The parking area shall, before being used, be constructed of crushed stone, slag, gravel, crushed brick (or tile), cinders, asphalt, concrete, Portland cement binder or like material and with provisions for drainage facilities which have been designed and constructed so as to prevent erosion, the washout of such parking areas, driveways or aisles or the carrying of soil, sand or sediment into an adjacent waterway. d) Ingress and Egress (i) Ingress and egress, to and from the required parking spaces and areas shall be provided by means of unobstructed driveways or passageways at least 4 metres but not more than 10 metres in perpendicular width. (ii) The maximum width of any joint ingress and egress driveway ramp measured along the street line shall be 10 metres. (iii) The minimum distance between a driveway and an intersection of street lines measured along the street line intersected by such driveway shall be 7 metres. (iv) The minimum angle of intersection between a driveway and a street line shall be 60 degrees. (v) Every lot shall be limited to the following number of driveways: (1) Up to the first 30 metres of frontage - not more than 2 driveways; and (2) for each additional 30 metres of frontage - not more than 1 additional driveway. e) Illumination Where parking areas are illuminated, lighting fixtures shall be so arranged that no part of any fixture shall be more than 8 metres above the finished grade of the parking area. Fixtures shall be so designed and installed that the light is directed downward and deflected away from adjacent lots, roads and streets. f) Addition to Building or Structure When a building or structure has insufficient parking area at the date of passing of this By-law, nothing in this By-law shall be construed to require that the deficiency be made up prior to the construction of any addition. No addition may be built, however, and no February 1, 2017 Page 31 change of use may occur, that would have the effect of further contravening the provisions of this By-law. g) Use of Parking Spaces and Areas Any area where parking is permitted under this By-law shall only be used for the parking of operational vehicles used incidentally to the permitted uses on the lot, bearing currently valid license plates or for the seasonal storage of boats. h) Parking Area Location on Lot Notwithstanding the yard and setback provisions of this By-law, uncovered surface parking areas in other than residential zones, shall be permitted in the required yard or in the area between the road or street line and the required setback provided no part of any parking area, other than a driveway, is located closer than 1 metre to any road or street line. 3.51 Pits and Quarries No person shall use any land, or erect, alter or use any building or structure for the purpose of processing, washing, sorting, screening or crushing rock, gravel or sand except in conformity with the provisions of this By-law in accordance with a license issued under the Aggregate Resources Act. The making, establishment or operation of any new pit or quarry, is prohibited except in the locations permitted and in accordance with the provisions of this By-law and the Aggregate Resources Act. Wayside Pits are permitted in all zones excepting the Residential (RR), Waterfront Residential 1 (WF1) to 6 (WF6) inclusive, Multiple Residential (RM), Open Space (OS) and Environmental Protection (EP) Zones subject to the requirements of the Aggregate Resources Act. Any pit or quarry permitted by this By-law shall be set back a minimum of 120 metres from the high water mark of any navigable waterway and 50 metres from any public road or 20 metres from any side lot line except as otherwise provided in a license issued under the Aggregate Resources Act. All setbacks, clearances or yards required for pits and quarries by this by-law will be measured from the working face of the pit or quarry or the edge of any stored or piles of material as set out in the license. No pit or quarry activity may be permitted on any lands that are not within the Industrial Pit (M3) or Industrial Quarry (M4) Zone. 3.52 Prohibited Uses Except as specifically permitted by this By-law, the following uses are prohibited: (a) any obnoxious use or noxious trade as defined under any Act; (b) boathouses and boatports located on or partly on any navigable waterway; (c) buildings or structures on docks except for those specifically permitted; (d) shipping containers used as temporary or permanent accessory structures in any Waterfront Residential (WF1-WF6) or Residential (RR) zone; (e) campsite, tent, trailers or camping on vacant rural or residential lots; (f) a track for the racing of motor vehicles, motor cycles or snowmobiles; February 1, 2017 Page 32 (g) pits and quarries except those licensed under the Aggregate Resources Act; (h) commercial or industrial wind turbines except those approved or licensed in accordance with any applicable legislation; (i) storage on vacant lands; (j) short term accommodation; (k) the keeping of horses, cows, pigs, goats, chickens or other farm animals in any Residential (RR) Zone or any Waterfront Residential 1 to Waterfront Residential 6 (WF1 - WF6) Zone; (l) the keeping of exotic animals. (m) human habitation of any shipping containers, rail cars, street cars, truck bodies; (n) the use of any trailer for human habitation, except where such trailer is located in a permitted camping establishment, trailer park, mobile home park and habitation is temporary or seasonal in nature or in accordance with the provision of 3.71; (o) the use of any motor vehicle for human habitation except in accordance with 3.71; and (p) the use of any portable structure, motor vehicle, cargo container, truck, trailer, bus or coach body for sales other than where a license has been issued for vending only merchandise or food in accordance with any municipal licensing by-law. 3.53 Public Uses Nothing in this By-law shall prevent any land, building or structure, other than in an Environmental Protection (EP) Zone, from being used: a) as a park, playground, cemetery, or as a site for a public statue, monument, cenotaph, fountain or other memorial or ornamental structure; or, b) by the Municipality or by any local board thereof, by any telephone, utility, or by any other government agency provided that: i) no goods, material or equipment shall be stored in the open; ii) the lot coverage and yard provisions prescribed for the zone in which the public use is located are complied with; and, iii) any building erected pursuant to the provisions of this paragraph is designed and maintained in general harmony with the surrounding buildings. 3.54 Pumphouse Restrictions Where a lot abuts a navigable waterway, a single pumphouse is a permitted accessory use which may be located in any front yard, side yard or rear yard provided that: (a) the pumphouse is set back at least 3 metres from the high water mark; (b) the maximum ground floor area of the pumphouse is 9 square metres; (c) the maximum height of the pumphouse is 3 metres; and (d) the pumphouse is not located in an Environmental Protection Zone. 3.55 Reduction of Requirements No person shall change the purpose for which any land, building or structure is used, or erect any February 1, 2017 Page 33 new building, structure or addition to any existing building or structure or sever any land from any existing parcel, if the effect of such action is to cause the land or the original, adjoining or remaining buildings or structures to be in contravention of any of the provisions of this By-law. 3.56 Rentals No person may use a dwelling or cottage as a rental unit in any zone unless it is specifically listed as a permitted use in that zone. 3.57 Sauna A sauna is a permitted accessory building which may be located in any front yard, side yard or rear yard provided that: (a) approval is obtained from any government agency having jurisdiction; (b) the maximum height is one storey not exceeding 4 metres; (c) the maximum floor area is 25 square metres; and (d) an attached deck to any sauna may not exceed 10m2. (See also Section 3.03 (c)). 3.58 Seasonal Dwellings For the purposes of the Building Code, a seasonal dwelling may be permitted in the Rural (RU) Zones and in a Waterfront Residential (WF1 - WF6) Zone where the Waterfront Residential property does not have direct frontage on a year round, publicly maintained road. 3.59 Septic Systems A septic system shall comply with the requirements of the Ontario Building Code. In addition to complying with the Building Code, septic systems on lands adjacent to Lorimer Lake or Trout Lake must be located a minimum of 30 metres from the high water mark of these lots. 3.60 Setback From Environmental Protection Area Notwithstanding the provisions of this By-law, all buildings and structures must be set back a minimum of 3 metres from all areas zoned Environmental Protection (EP) on Schedule 'A'. 3.61 Shore Road Allowance Where a shore road allowance or Crown Reserve exists in front of any lot which has not been stopped up and acquired by the abutting land owner in whole or in part, the area of the shore road allowance or Crown Reserve above the high water mark between the extension of the side lot lines may not be considered part of the lot area or depth required by this By-law. 3.62 Shore Road Allowance as Yard Notwithstanding the provisions of this By-law, where a shore road allowance or Crown Reserve exists in front of any lot, which has not been stopped up and acquired by the abutting land owner in whole or in part, a building or structure may be erected without a front yard provided the building or structure or any part thereof does not encroach upon the shore road allowance or Crown Reserve and is set back from the shoreline a minimum distance equal to the required front yard. 3.63 Short Term Accommodations No person shall use any land or erect, alter or use any building or structure for the purpose of a short term accommodation use within any Residential (RR) Zone, or any Waterfront Residential February 1, 2017 Page 34 (WF1 - WF6) Zone. 3.64 Signs The provisions of this By-law shall not apply to prevent the erection, alteration or use of any sign, provided such sign complies with the by-laws of the Municipality regulating signs. 3.65 Sleeping Cabins Subject to Section 3.03, a sleeping cabin is a permitted accessory use on any lot zoned for residential use, subject to a maximum gross floor area of 50 square metres or does not exceed the ground floor area of the main dwelling on the lot, whichever is lesser. A sleeping cabin may include a loft as defined in this by-law An area of human habitation may be permitted on the upper floor of a detached garage if there is no sleeping cabin on the property. 3.66 Special Uses Permitted The following uses are permitted in all zones within the Municipality provided that a building permit has been issued for the main building on the lot: a) Temporary camps used in the construction of public works but only for so long as it is necessary for such works as may be constructed adjacent to the camp and only until such time as the work is completed, or abandoned; b) A tool shed, scaffold or other building or structure incidental to the construction on the premises where is it situated and only for as long as it is necessary for the work in progress and until the work is completed or abandoned; and c) Where a building permit has been issued for the main building on the lot. "Abandoned" in this Section shall mean the failure to proceed expeditiously with the construction of a work, specifically abeyance of construction for six months. In all zones to which this By-law applies, a temporary accessory building or structure is a permitted use where such a building or structure is incidental to the construction of a main building or structure permitted by this By-law. Such a temporary accessory building or structure shall only be permitted while the work is in progress, or until the work is completed, for a time period which shall not exceed three years and only when a building permit has been issued for the main building on the lot. 3.67 Swimming Pools The following provisions apply to outdoor swimming pools: a) For a single-detached, duplex, semi-detached and converted dwelling: i) Swimming pools may not be constructed in a front yard, and not closer than 1 metre to any lot line, other than a street line, plus 0.3 additional metres distance for each 0.5 metres which the top edge of the swimming pool is above grade at the property line. ii) Swimming pools to be constructed adjacent to street lines, shall be set back the same distance as the dwelling is required to be set back, as set out in this By- law. February 1, 2017 Page 35 iii) Every in-ground and above ground swimming pool in a residential zone shall be enclosed by a fence of at least 1.5 metres in height and located at a distance of not less than 1 metre and not more than 5 metres from the inside edge of the pool. b) For any other use: Distance from any street or other lot line shall be 15 metres. The distance referred to above shall be measured from the inside edge of the swimming pool. 3.68 Tennis / Sports Courts A tennis or sports court is a permitted accessory use to a lot zoned for residential purposes subject to complying with the yard requirements for the zone and notwithstanding the maximum fence height, a tennis court fence may be up to 3 meters in height. 3.69 Tent and Trailers Tents and trailers are not permitted in any zone as a principal use except where they are located within a commercial zone that permits tents or trailers or where a trailer is to be used as a temporary structure in connection with the construction of a permitted use. 3.70 Through Lot Where a lot is a through lot, or where the front lot line of a lot is not determinable because of the lot or island configuration, the setback, frontage and front yard requirements contained herein shall apply on each road, or from each high water mark, in accordance with the provisions of the zone or zones in which such lot is situated. 3.71 Tourist Commercial Regulations Notwithstanding the provisions of this By-law, the following special provisions shall also apply to new and expanding or enlarging Commercial (C1) and Tourist Commercial (C2) uses. a) Waterbody Size (Where Applicable) Commercial (C1) and Tourist Commercial (C2) uses within the Municipality of McDougall, shall not be located next to lakes which are smaller than 20 hectares in surface area. b) Minimum Frontage on Navigable Water (Where Applicable) The minimum frontage required for Commercial (C1) and Tourist Commercial (C2) uses shall be 100 metres (new only) or 2 metres for each person that can be accommodated (new and existing) or 30 metres for each 5 tent or trailer sites, whichever results in the greater requirement. For the purpose of this By-law, every bedroom will generate 2 persons and every tent or trailer site will generate 3 persons. c) Minimum Lot Size The minimum lot size for Commercial (C1) and Tourist Commercial (C2) uses shall be one hectare (new only) or one-half hectare for each 20 persons (new and existing) that may be accommodated or fraction thereof; whichever results in the greater requirement. For the purpose of this By-law, every bedroom will generate 2 persons and every tent and trailer site will generate 3 persons. d) Parking Each Commercial (C1) and Tourist Commercial (C2) use shall provide at least one parking space for each tent or trailer site, housekeeping cottage, motel, hotel or efficiency unit. 3.72 Trailers, Motorhomes or Tents February 1, 2017 Page 36 No person shall locate, place or use a trailer, camper trailer, motorhome, tent, recreational vehicle on any land as a principal or primary use except where such uses are permitted within a tourist commercial establishment that is specifically zoned for said uses, or where a trailer has been permitted as a temporary structure in connection with the construction of a permitted use. Any temporary structure so allowed shall not exceed 30 square metres and not be allowed for more than 18 months. 3.73 Unzoned Lands Any lands illustrated on Schedule 'A' to this By-law without a reference to a zone symbol shall be deemed to be zoned Rural (RU) and all applicable provisions of this zone shall apply. Any islands without reference to a zoning symbol shall be deemed to be zoned WF6. 3.74 Use for Hazardous Purpose No land, building or structure shall be used for such Commercial or Industrial purpose as is likely to create a public nuisance or danger to health or danger from fire or explosion, except in accordance with the provisions of or regulations under The Gasoline Handling Act or the Explosive Act. 3.75 Use of Vacant Lands No vacant lands shall be used for the purpose of the storage of motor vehicles, machinery, materials or equipment, trailers or other similar objects which are not incidental to the expeditious construction of a building on such lands, and where otherwise specifically permitted by the provisions of this By-law. 3.76 Waste Disposal Site To Be Set Back Notwithstanding the provisions of this By-law, a waste disposal site must be separated from any standing body of water in excess of 20 hectares of surface area and rivers or creeks a minimum of 150 metres or 90 metres in the case of an engineered or lined landfill site. 3.77 Width Restrictions In the case of a lot zoned WF1 to WF6 inclusive, notwithstanding the side yard requirements of this by-law, the aggregate width of all buildings parallel to the front lot line or the chord of the front lot line shall not exceed a dimension greater than 50 percent of the lot frontage except that accessory buildings located more than 5 metres behind the rear line of the main building and the portion overlapping buildings and structures are not to be included in this calculation. 3.78 Wind Generation i) One wind turbine, including supporting tower base and foundation is permitted on a lot within a residential or commercial zone. A wind turbine is an accessory use and may only be established on a lot where the main use of the lot is established. ii) The minimum lot area for one wind turbine installation is 2 hectares, except in the case of single ownership island in which case the minimum lot area shall be 0.8 hectares. iii) The minimum distance of a wind turbine to any lot line, other than a public or private road and a shoreline, is 5 times the diameter of the wind turbine rotor. The required distance shall be measured from the outer edge of the blade swept area. iv) The minimum distance of a wind turbine to any dwelling unit, located on any lot other than the lot where the wind turbine, is located is 200 metres. v) The minimum distance of a wind turbine to a public or private road is equal to the height of the wind turbine tower measured from the ground elevation at the base of the tower to the centre of the rotor (hub). February 1, 2017 Page 37 vi) The minimum distance of a wind turbine from the highwater mark of a navigable waterway is 30 metres. vii) The maximum height of a wind turbine tower is 17 metres. Height is measured from the ground elevation at the base of the tower to the tip of the rotor at its highest position. viii) The maximum rated electrical power of one wind turbine is 10KW. 3.79 Yard and Setback Encroachments Permitted a) Ornamental Structure Notwithstanding the yard provisions of this By-law, sills, belt courses, chimneys, cornices, eaves, gutters, parapets, pilasters or other ornamental structures may project into any required yard a maximum distance of 1 metre. b) Accessory Structure Notwithstanding the yard provisions of this By-law, drop awnings, clothes poles, flag poles, garden trellises, fences, retaining walls, signs, or similar accessory structures shall be permitted in any required yard. c) Unenclosed Porch, Balcony, Patio, Steps or Deck Notwithstanding the yard provisions of this By-law, an attached unenclosed porch, balcony, patio, steps or deck may project into any required yard a maximum distance of 4 metres if it is not covered and 2.0 metres if it is covered and provided that at least a 2 metre yard is maintained and further provided that in the case of a porch, balcony, deck or steps such uses are not more than 2 metres above the average grade. d) Railway Spur in Industrial Zone Notwithstanding the yard provisions of this By-law, in an Industrial Zone a railway spur shall be permitted within any required yard or in the area between the street line and the required setback. e) Gate House Notwithstanding the yard provisions of this By-law, in an Industrial Zone, a gate (guard) house shall be permitted in a front or side yard in the area between the street line and the required setback. f) Building in Built-up Area Notwithstanding the provisions of this By-law, where a detached dwelling house or accessory use thereto is to be erected in a built-up area where there is an established building line, such dwelling unit or accessory use may be erected closer to the street line or the centre line of the road or street, as the case may be, than required by this By-law provided such dwelling house or accessory use is not erected closer to the street line or to the centre line of the road or street, as the case may be, than the established building line on the date of passing of this By-law. February 1, 2017 Page 38 SECTION 4 - RURAL (RU) ZONE 4.01 Uses Permitted No person shall within the Rural (RU) Zone, use any lot, or erect, alter or use any building or structure for any purpose except one or more of the following uses: a) Rural Uses - a single detached dwelling; - seasonal dwelling; - secondary dwelling; - a converted dwelling; - an accessory dwelling as set out in Section 3.47; - a farm, and a specialized use farm as defined in this By-law; - a nursery or commercial greenhouse; - bed and breakfast; - home industry; - home occupation; - a school, church, community hall, private or public park or cemetery; - hunt camp; - an additional dwelling unit or units as permitted by Section 3.29 of this By-law, - government offices; - library; - notwithstanding the accessory use permissions of Section 3.03(a) and the minimum building area provisions of this By-law, one (1) storage building 4.02 Zone Standards Any building or structure permitted under Section 4.01 shall comply with the following provisions except as otherwise provided for in Section 3, General provisions. a) Minimum Lot Frontage 100 metres b) Minimum Lot Area 1.0 hectares c) Minimum Lot Depth 100 metres d) Minimum Front Yard 15 metres e) Minimum Interior Side Yard 5 metres f) Minimum Exterior Side Yard 15 metres g) Minimum Rear Yard 10 metres h) Minimum Building Area - Ground Floor See Ontario Building Code, R.S.O., 1990 i) Maximum Building Height 12 metres j) Accessory Building - Yard 5 metres k) Accessory Building - Height 6 metres l) Maximum Lot Coverage by building in percent 5% 4.03 Provisions for Accessory Uses The provisions of Section 4.02 shall apply to accessory buildings, structures and uses, except as otherwise provided for in Section 3, General Provisions. 4.04 Special Exception Regulations - Rural (RU) The regulations contained in Section 4.01 and 4.02, General Use Provisions and Zone Requirements, shall apply to the Special Provision Use areas or areas defined below, except as otherwise specifically provided in the Special Use Regulations in this Subsection 4.04. 4.04.1 Rural Exception 1 (RU-1) A single detached dwelling together with any permitted accessory use, building or structure may be erected and used on Part of Lot 21, Concession 7 in the geographic township of McDougall subject a minimum lot frontage of 45 metres. February 1, 2017 Page 39 4.04.2 Rural Exception 2 (RU-2) Two single detached residences may be located on part of Lot 25, Concession VII on the north side of Hoddy Side Road identified as Part 1 of Plan 42R-3668 in the geographic township of McDougall provided that each dwelling is serviced by a separate sewage disposal system approved by the Ministry of Environment. 4.04.3 Rural Exception 3 (RU-3) A seasonal dwelling unit may be erected and used on each of the three original township lots described as Lots 8, 9 and 10 in Concession I, in the geographic township of McDougall. 4.04.4 Rural Exception 4 (RU-4) The lands described as Part 1 of Reference Plan No. 42R-5267 in Lot 17, Concession XI lying south of Highway No. 124 in the geographic township of McDougall may be used for a single detached dwelling unit along with an accessory guest cabin which has cooking facilities. 4.04.5 Rural Exception 5 (RU-5) A mobile home may be placed on the lands described as Part of Lot 6 in Concession 6 fronting on the south side of McDougall Road being the remainder of Instrument No. 136153, in the geographic township of McDougall. 4.04.6 Rural Exception 6 (RU-6) A public garage may be carried on within the existing building on Part of Lot 23, Concession 2 accessed from McDougall Road, being Part 2 of Reference Plan No. 42R-11871, in the geographic township of McDougall subject to a minimum lot frontage of 20 metres. 4.04.7 Rural Exception 7 (RU-7) Notwithstanding the requirements of Section 3.18 of this By-law, a single detached dwelling together with any permitted accessory use may be erected and used on Lot 7 and Part of Lot 8, Concession 9 fronting on Trout Lake Road, in the geographic township of McDougall. 4.04.8 Rural Exception 8 (RU-8) A mobile home together with any permitted accessory uses, buildings or structures may be erected, altered and used on Lot 2, Concession 2, in the geographic township of McDougall provided access is by unassumed public road allowance and/or private right-of-way and that the westerly lot line is considered the front lot line for the purposes of this By-law. 4.04.9 Rural Exception 9 (RU-9) A boat repair and paint shop together with any use permitted in the Rural (RU) Zone is permitted on Part of Lots 24 and 25, Concession B described as Part 5 and 6, Part of Part 7, Reference Plan No. 42R-9427, in the geographic township of McDougall provided that the boat repair and paint shop has a minimum front yard of 30 metres and subject to outside storage being restricted to finished products or products awaiting repair stored in an orderly manner. 4.04.10 Rural Exception 10 (RU-10) A single detached dwelling together with any permitted accessory use, building or structure, may be erected and used on Part of Lot 6, Concession A in the geographic township of Ferguson subject to a minimum lot frontage of 95 metres and 1.2 hectares of lot area. February 1, 2017 Page 40 4.04.11 Rural Exception 11 (RU-11) Notwithstanding the requirements of this By-law, the lands described as Part of Lot 9, Concession A in the geographic Township of McDougall is subject to the following provisions. (a) Permitted Uses Any use permitted in the Rural Residential (RR) Zone subject to the Limited Services provisions in Section 3.38. (b) Zone Requirements There lands will be subject to a rear yard setback of 30 metres, a northerly side yard setback of 20 metres and all other general provisions and zone requirements for the Rural Residential (RR) Zone. For the purposes of this By-law, the west boundary of the parcel adjacent to Fire Route No. FR109 is deemed to be the front lot line. (c) Removal of the 'H' Symbol The Holding 'H' symbol applied to these lands shall be removed once a site plan is filed and approved by the Municipality. February 1, 2017 Page 41 SECTION 5 - RESIDENTIAL (RR) ZONE 5.01 Uses Permitted No person shall within the Residential (RR) Zone use any lot, or erect, alter or use any building or structure for any purpose except one or more of the following uses: a) Residential Uses - a single detached dwelling; - secondary dwelling; - rental unit; - a converted dwelling; - an accessory dwelling as set out in Section 3.47; - bed and breakfast; - a home occupation; - a boarding house; or - a nursing home; - notwithstanding the accessory use permissions of Section 3.03(a) and the minimum building area provisions of this By-law, one (1) storage building b) Institutional Uses - churches, community halls; - a cemetery; - a hospital; - library; - public park; - arena; or - school 5.02 Zone Standards Any building or structure permitted under Section 5.01 shall comply with the following provisions except as otherwise provided for in Section 3, General provisions. a) Minimum Lot Frontage Residential - 60 metres Institutional - 60 metres Residential with Water and/or Sewer - 30 metres b) Minimum Lot Area Residential - 0.8 hectares* Institutional - 0.8 hectares* Residential with Water and/or Sewer - 0.15 hectares c) Minimum Lot Depth Residential - 60 metres Institutional - 60 metres Residential with Water and/or Sewer 45 metres d) Minimum Front Yard 10 metres e) Minimum Interior Side Yard Residential - 5 metres Institutional - 5 metres Residential with Water and/or Sewer 2 metres f) Minimum Exterior Side Yard Residential - 10 metres Institutional - 10 metres Residential with Water and/or Sewer 5 metres g) Minimum Rear Yard Residential - 10 metres Institutional - 10 metres Residential with Water and/or Sewer 5 metres h) Minimum Building Area - Ground Floor See Ontario Building Code, R.S.O., 1990 i) Maximum Building Height 10 metres j) Accessory Building - Yard Residential - 3 metres Institutional - 3 metres Residential with Water and/or Sewer 1 metres k) Accessory Building - Height 6 metres February 1, 2017 Page 42 l) Maximum Lot Coverage by building in percent Residential - 10% Institutional - 10% Residential with Water and/or Sewer 15% * unless a hydrogeological study has been completed demonstrating smaller lot area allowances. 5.03 Provisions for Accessory Uses The provisions of Section 5.01 and 5.02 shall apply to accessory building, structures and uses, except as otherwise provided for in Section 3, General Provisions. 5.04 Special Exception Regulations - Residential (RR) The regulations contained in Section 5.01 and 5.02, General Use Provisions and Zone Requirements, shall apply to the Special Provision Use areas or areas defined below, except as otherwise specifically provided in the Special Use Regulations in this Subsection 5.04. 5.04.1 Residential Exception 14 (RR-1) A dwelling and a home industry including a public garage may be erected and used together with any permitted accessory structures on Part of Lot 10, Concession A, in the geographic township of McDougall. 5.04.2 Residential Exception 2 (RR-2) Part of Lot 12, Concession XII, being the northwest corner of the lot in the geographic township of McDougall may be used for an ice house. 5.04.3 Residential Exception 3 (RR-3) A single detached dwelling may be erected and used on part of Lot 23, Concession VII on the north side of Burnside Bridge Road in the geographic township of McDougall together with a retail variety store, a restaurant, licensed or unlicensed with a maximum of 16 seats, a craft shop not exceeding 5 square metres and a place of entertainment not exceeding 25 square metres provided that there is no outside storage. 5.04.4 Residential Exception 4 (RR-4) A single detached dwelling together with an accessory apartment may be erected and used on part of Lot 27, Concession VIII being Part 2 of Reference Plan No. 42R-6979 in the geographic township of McDougall. 5.04.5 Residential Exception 5 (RR-5) A single detached dwelling together with any permitted accessory use, building or structure may be erected and used on Part of Lot 23, Concession 6, in the geographic township of McDougall subject to a minimum frontage of 30 metres. 5.04.6 Residential Exception 6 (RR-6) A single detached dwelling including an accessory apartment and any accessory buildings, structures or uses may be erected and used on Lot 23 on Registrar's Compiled Plan 335 fronting on Hammel Avenue, in the geographic township of McDougall. 5.04.7 Residential Exception 7 (RR-7) A business or professional office may be erected, altered and used together with any use permitted in the Residential (RR) Zone on the lands described as Part of Lot 29, Concession 6 fronting Bayside Drive, in the geographic township of McDougall. February 1, 2017 Page 43 5.04.8 Residential Exception 8 (RR-8) A single detached dwelling together with any permitted accessory use, building or structure may be erected and used on Part of Lot 23, Concession B in the geographic township of McDougall being Lot 1 of Plan 42M-623 provided that no building and structure be located any closer than 75 metres to the Canadian Pacific Railway line. 5.04.9 Residential Exception 9 (RR-9) A single detached dwelling together with any permitted accessory use, building or structure, may be erected and used on Part of Lot 2, Concession A fronting Highway No. 124 in the geographic township of Ferguson subject to minimum frontage of 45 metres. 5.04.10 Residential Exception 10 (RR-10) A single detached dwelling together with any permitted accessory use, building or structure, including an attached accessory apartment may be erected and used on Part of Lot 8, Concession A being Lot 8 of Plan 42M-585 fronting Fairway Drive in the geographic township of McDougall. 5.04.11 Residential Exception 11 (RR-11) A single detached dwelling together with any permitted accessory use, building or structure, including an accessory apartment over the attached garage may be erected and used on Part of Lot 24, Concession 6 being Part 3 of Reference Plan No. 42R-2381 fronting North Road in the geographic township of McDougall. 5.04.12 Residential Exception 12 (RR-12) A single detached dwelling together with any permitted accessory use, building or structure including a 1776 square foot cabinet making shop may be erected and used on Part of Lot 27, Concession 6 in the geographic township of McDougall. 5.04.13 Residential Exception 13 (RR-13) A single detached dwelling including an accessory apartment and any accessory buildings, structures or uses may be erected and used on part of Lots 24 and 25, Concession B being Part 1 of Plan 42R-17793 fronting Hammel Avenue. 5.04.14 Residential Exception 14 Holding (RR-14-H) A single detached dwelling together with any permitted accessory use, building or structure may be erected and used on Part of Lot 5, Concession A in the geographic Township of McDougall subject to a minimum frontage of 14 metres and provided that no dwelling or habitable structure is located closer than 75 metres to the Canadian Pacific Railway line. The 75 metre clearance from the railway line may be reduced to 15 metres subject to the preparation of a noise and vibration study. The 'H' holding symbol may be removed once a site plan agreement has been approved with any relevant mitigating measures as a result of the recommendations of the noise and vibration study. 5.04.15 Residential Exception 15 (RR-15) A single detached dwelling together with any permitted accessory use, building or structure, may be erected and used on a lot in Part of Lot 2, Concession A in the geographic township of Ferguson subject to a minimum frontage of 29 metres, a lot area of 0.3 ha. February 1, 2017 Page 44 5.04.16 Residential Exception 16 (RR-16) A detached dwelling may be erected, altered and used together with any permitted accessory uses on Part of Lots 6, 7 and 8, Concession A, being Lots 1-7 inclusive of Draft Plan of Subdivision prepared by Paul F. Forth, O.L.S. dated May 26, 2010, in the geographic township of McDougall subject to: (a) Lot Size: Lot 1 - 1.0 hectare Lot 2 - 1.0 hectares Lot 3 - 3.0 hectares Lot 4 - 5.0 hectares Lot 5 - 4.5 hectares Lot 6 - 3.0 hectares Lot 7 - 2.5 hectares (b) Frontage: Lot 1 - 120 metres Lot 2 - 30 metres Lot 3 - 16 metres Lot 4 - 30 metres Lot 5 - 19 metres Lot 6 - 15 metres Lot 7 - 40 metres (c) Lot 6 - 75 metre setback from the railway for all habitable buildings. 5.04.17 Residential Exception 17 (RR-17) A single detached dwelling together with any permitted accessory uses, buildings or structures may be permitted on Part of Lot 26, Concession 8 in the geographic Township of McDougall including the existing woodshed and garage having a 5 and 6 metre front yard respectively. 5.04.18 Residential Exception 18 (RR-18) A single detached dwelling and any permitted accessory buildings and structures together with a home industry on the north side of Highway No. 124 including a public garage may be erected and used on Part of Lot 26, Concession VI, in the geographic township of McDougall. 5.04.19 Residential Exception 19 (RR-19) No building or structure may be erected or used on Part of Lot 23 and 24, Concession B adjoining the Canadian Pacific Railway line, in the geographic township of McDougall identified as Block 20 on a draft plan of subdivision, Ministry of Municipal Affairs file No. 49T-94007. 5.04.20 Residential Exception 20 (RR-20) A single detached dwelling together with any permitted accessory use, building or structure may be erected and used on Part of Lot 23, Concession B, in the geographic township of McDougall being Part 3 of Reference Plan No. 42R-12031 subject to a minimum frontage of 60 metres and provided that no building and structure be located any closer than 75 metres to the Canadian Pacific Railway line. 5.04.21 Residential Exception 21 (RR-21) A single detached dwelling together with any permitted accessory use, building or structure, may be erected and used on each of two lots created in Part of Lot 20, Concession 7 in the geographic township of McDougall being Part of Lot 26 of Plan 42M-624 subject to a minimum frontage of 20 and 35 metres respectively and a minimum setback of 55 metres. 5.04.22 Residential Exception 22 (RR-22) February 1, 2017 Page 45 A single detached dwelling including an accessory apartment and any accessory buildings, structures or uses may be erected and used on Part of Lot 29, Concession 5 being Part 1 of Reference Plan No. 42R-12624 fronting Bayside Drive in the geographic township of McDougall. February 1, 2017 Page 46 SECTION 6 - MULTIPLE RESIDENTIAL (RM) ZONE 6.01 Uses Permitted No person shall within the Multiple Residential (RM) Zone use any lot, or erect, alter or use any building or structure for any purpose except one or more of the following uses: a) Residential Uses - single detached dwelling; - secondary dwelling unit; - rental unit; - semi detached dwelling; - triplex/duplex dwellings; - rowhouse dwelling; - multiple dwelling; - apartment building; or - an accessory apartment; - excluding a mobile home. b) Institutional Uses - school; - churches; - cemetery; - hospitals; - arena, community halls; - nursing home; or, - library. 6.02 Zone Standards Any building or structure permitted under Section 6.01 shall comply with the following provisions except as otherwise provided for in Section 3, General provisions. a) Minimum Lot Frontage Residential (on water) Detached dwelling - 30 metres Semi detached - 30 metres/unit Triplex/duplex - 30 metres Rowhouse - 6 metres/unit Apartment -10 metres/unit Institutional (on water) - 30 metres b) Minimum Lot Area Residential (on water) Detached dwelling - 0.15 hectare Semi detached - 0.3 hectare Triplex/duplex - 0.3 hectare Rowhouse - 0.2 hectare/unit Apartment - 0.2 hectare/unit Institutional (on water) - 0.2 hectare c) Minimum Lot Depth 45 metres, except rowhouse - 40 metres d) Minimum Front Yard 10 metres e) Minimum Interior Side Yard Residential (on water) Detached dwelling - 3 metres Semi detached - 3 metres Triplex/duplex - 3 metres Rowhouse - 3 metres Apartment - 5 metres Institutional (on water) - 5 metres f) Minimum Exterior Side Yard 10 metres g) Minimum Rear Yard 10 metres h) Minimum Building Area - Ground Floor see Ontario Building Code, R.S.O., 1990 i) Maximum Building Height 12 metres February 1, 2017 Page 47 j) Accessory Building - Yard 1 metre k) Accessory Building - Height 6 metres l) Maximum Lot Coverage by building in percent 20% 6.03 Provisions for Accessory Uses The provisions of Section 6.01 and 6.02 shall apply to accessory building, structures and uses, except as otherwise provided for in Section 3, General Provisions. 6.04 Special Exception Regulations - Multiple Residential (RM) The regulations contained in Section 6.01 and 6.02, General Use Provisions and Zone Requirements, shall apply to the Special Provision Use areas or areas defined below, except as otherwise specifically provided in the Special Use Regulations in this Subsection 6.04. 6.04.1 Multiple Residential Exception 1 (RM-1) Part of Lot 5, Concession A, in the geographic township of McDougall may be used for up to 18 residential units in any form permitted in the Multiple Residential (RM) Zone provided that the minimum lot area is 1.0 hectares, the minimum frontage is 100 metres with a maximum lot coverage is 15%. February 1, 2017 Page 48 SECTION 7 - WATERFRONT RESIDENTIAL (WF1, WF2, WF3, WF4, WF5, WF6) ZONES 7.01 Uses Permitted No Person shall within the Waterfront Residential (WF1, WF2, WF3, WF4, WF5 and WF6) Zones, use any lot, or erect, alter or use any building or structure for any purpose except one or more of the following uses: a) Rural Uses - farm, but not a specialized use farm as defined in this By-law with a minimum lot area of 5.0 hectares. b) Residential Uses - a single detached dwelling unit; or, - a dwelling unit subject to Section 3.25; - an accessory dwelling as set out in Section 3.47; - seasonal dwelling; - notwithstanding the accessory use permissions of Section 3.03(a) and the minimum building area provisions of this By-law, one (1) storage building c) Non-Residential Uses - a private park; - tennis court; - church; or, - home occupation. 7.02 Zone Standards Any building or structure permitted under Section 7.01 shall comply with the following provisions except as otherwise provided for in Section 3, General provisions. a) Minimum Lot Frontage Rural - 70 metres WF1 - 70 metres WF2 - 90 metres WF3 - 120 metres WF4 - 150 metres WF5 - 200 metres WF6 - existing b) Minimum Lot Area Rural - 5.0 hectares WF1 - 0.5 hectare(1) WF2 - 0.6 hectare(1) WF3 - 0.8 hectare(1) WF4 - 1.2 hectares WF5 - 2.0 hectares WF6 - existing c) Minimum Lot Depth Rural, WF1 - WF5 inclusive - 60 metres WF6 - existing d) Minimum Front Yard (2) Rural, WF1 to WF6 inclusive - 10 metres e) Minimum Interior Side Yard 5 metres f) Minimum Exterior Side Yard 10 metres g) Minimum Rear Yard 10 metres h) Minimum Building Area - Ground Floor 60 square metres i) Maximum Building Height 10 metres j) Accessory Building - Yard 3 metres k) Accessory Building - Height 6 metres, commercial boathouses excepted from front yard, 6 metre side yard required see 3.04 l) Maximum Lot Coverage by building in percent 10% (1) - a 1.0 hectare minimum lot size will be required where the source of domestic water supply is from ground water. (2) - 90% of the front yard shall be maintained as a buffer area February 1, 2017 Page 49 7.03 Provisions for Accessory Uses The provisions of Section 7.01 and 7.02 shall apply to accessory buildings, structures and uses, except as otherwise provided for in Section 3, General Provisions. 7.04 Special Exception Regulations - Waterfront Residential (WF1, WF2, WF3, WF4, WF5, WF6) The regulations contained in Section 7.01 and 7.02, General Use Provisions and Zone Requirements, shall apply to the Special Provision Use areas or areas defined below, except as otherwise specifically provided in the Special Use Regulations in this Subsection 7.04. 7.04.1 Waterfront Residential 1 Exceptions 7.04.1.1 Waterfront Residential 1 Exception 1 Limited Services - (WF1-1-LS) A parcel of land twenty meters in width, located in Lot 9, Concession A, immediately adjoining the Municipal beach and being part of Part 5, Reference Plan No. 42R-7189 in the geographic township of McDougall is restricted to private open space uses provided that no buildings or structures are permitted other than a dock restricted to a maximum length of ten meters to be used in connection with a single detached dwelling. 7.04.1.2 Waterfront Residential 1 Exception 2 (WF1-2) A single detached dwelling may be erected and used on Part of Lots 21 and 22, Concession IV, in the geographic township of McDougall, subject to a one storey height limitation, a maximum floor area of 67 square metres, a maximum height of 5 metres with no more than two bedrooms. 7.04.1.3 Waterfront Residential 1 Exception 3 (WF1-3) A single detached dwelling may be erected and used on each of two lots comprising Part 1 of Plan 42R-7494 in Lot 20, Concession VII, in the geographic township of McDougall, subject to a minimum lot frontage of 65 metres. 7.04.1.4 Waterfront Residential 1 Exception 4 (WF1-4) A single detached dwelling together with any permitted accessory use may be erected and used on each of Part of Parts 2 and Part 3 in Reference Plan No. PSR-1519 located in Part of Lot 23, Concession 4, fronting on Mill Lake in the geographic township of McDougall, subject to a minimum lot frontage of 25 metres and an area of 0.3 hectares. 7.04.1.5 Waterfront Residential 1 Exception 5 (WF1-5) A detached dwelling may be erected, altered and used together with any permitted accessory uses on the lands described as Part of Lot 23, Concession 4 on Limbert Road and fronting on Mill Lake, in the geographic township of McDougall, subject to a minimum lot size of 0.15 hectares and a minimum lot depth of 40 metres. 7.04.1.6 Waterfront Residential 1 Exception 6 (WF1-6) A single detached dwelling together with any permitted accessory use, building or structure may be erected and used on Part of Lot 4, Concession A, being Lot 8 of Plan 42M-570 fronting Georgian Bay in the geographic township of McDougall, together with a 50 square metre boathouse located in the front yard. 7.04.1.7 Waterfront Residential 1 Exception 7 (WF1-7) A single detached dwelling together with an accessory garage is permitted on Part of Lot 6, Concession A, being Parts 1 and 2 of Reference Plan No. 42R-8341 in the geographic township of McDougall, subject to a maximum lot coverage of 12 percent, a side yard for accessory buildings of 2.4 metres. February 1, 2017 Page 50 7.04.1.8 Waterfront Residential 1 Exception 8 (WF1-8) A single detached dwelling together with any permitted accessory use may be erected and used on Part of Lot 21 and 22, Concession 4 fronting Mill Lake in the geographic township of McDougall, subject to a minimum lot frontage of 45 metres. 7.04.1.9 Waterfront Residential 1 Exception 9 (WF1-9) In accordance with Ontario Regulation 1109/80 and the provisions of this by-law where applicable, the lands described as Parts 1, 2 and 3 of Reference Plan No. 42R-6695 in Part of Lot 2, Concession A, geographic township of Ferguson are subject to the following special provisions: a) Definition Seasonal dwelling means a separate building containing only one dwelling unit to be used for recreation but not occupied or intended to be occupied as a permanent resident or home. b) Permitted Uses A seasonal dwelling. c) Standards Minimum Front Yard 15.2 metres Minimum Rear Yard 7.5 metres Maximum Lot Coverage 2.75% Maximum Height two and one half storey 7.04.1.10 Waterfront Residential 1 Exception 10 (WF1-10) A custom workshop for the repair and manufacture of upholstery products is a permitted use together with any use permitted on Part of Lot 3, Concession A being Lot 54 of Plan RCP337 in the geographic township of Ferguson, so long as any outside storage is restricted to finished products or those awaiting repair. 7.04.1.11 Waterfront Residential 1 Exception 11 (WF1-11) Lot 38 of Plan RCP337 fronting on Harris Lake in the geographic township of Ferguson, may be used for a single detached dwelling together with a graphic arts shop in a detached building. 7.04.1.12 Waterfront Residential 1 Exception 12 (WF1-12) A dwelling unit together with any permitted accessory uses may be erected, altered and use d on the lands described as Part of Lot 1, Concession 4 being Part 2 of Reference Plan 42R- 3786 fronting on Vowel Lake in the geographic township of Ferguson, subject to a minimum lot size of 0.38 hectares. 7.04.1.13 Waterfront Residential 1 Exception 13 (WF1-13) Any use permitted in the Waterfront Residential 1 (WF1) Zone may be erected, altered and used on Part of Lot 11, Concession 2, being Part 1 of Reference Plan PSR-2137 fronting Harris Lake in the geographic township of Ferguson, subject to seven (7) metre front yard. 7.04.1.14 Waterfront Residential 1 Exception 14 (WF1-14) A single detached dwelling together with any permitted accessory use, building or structure, may be erected and used on Part of Lot 22, Concession 4 and 5, being Parts 54 and 55 of Reference Plan No. PSR-1508 and Parts 7 and 8 of Reference Plan No. 42R-15107 fronting the Seguin River in the geographic township of McDougall, subject to a minimum side yard of February 1, 2017 Page 51 1.28 metres. 7.04.1.15 Waterfront Residential 1 Exception 15 (WF1-15) A single detached dwelling including an accessory apartment above an attached garage and any accessory buildings, structure or uses may be erected and used on part of Lot 28, Concession 8 being Lot 11 of Plan 42M-589 fronting Portage Lake. 7.04.1.16 Waterfront Residential 1 Exception 16 Limited Services (WF1-16-LS) A single detached dwelling together with any permitted accessory use, building or structure may be erected and used on Part of Lot 21, Concession 7 in the geographic township of McDougall, subject to a minimum lot frontage of 75 metres. 7.04.1.17 Waterfront Residential 1 Exception 17 Limited Services (WF1-17-LS) A single detached dwelling together with any permitted accessory use, building or structure may be erected and used on Part of Lot 21, Concession 7 in the geographic township of McDougall, subject to a minimum lot frontage of 140 metres. 7.04.1.18 Waterfront Residential 1 Exception 18 Limited Services (WF1-18-LS) A single detached dwelling together with any permitted accessory use, building or structure may be erected and used on Part of Lot 22, Concession 7 in the geographic township of McDougall, subject to a minimum lot frontage of 250 metres. 7.04.1.19 Waterfront Residential 1 Exception 19 (WF1-19) The lands described as Part of Lot 16, Concession 3 in the geographic Township of McDougall, being Part of Part 1 of Reference Plan No. 42R-12587 at the terminus of Scullion Road may be used as a parking area together with a 53.5 square metre garage. 7.04.1.20 Waterfront Residential 1 Exception 20 (WF1-20) A single detached dwelling together with any permitted accessory use, building or structure, may be located in Part of Lots 16 and 17, Concession 3 in the geographic Township of McDougall, being Part of Part 1 of Reference Plan No. 42R-12587 subject to a minimum frontage of 50 metres, and an existing one storey frame accessory cabin may be located in the front yard 5 metres from the high water mark. 7.04.1.21 Waterfront Residential 1 Exception 21 (WF1-21) A single detached dwelling together with any permitted accessory use, building or structure may be located on Part of Lot 17, Concession 3 in the geographic Township of McDougall, being Part of part 1 of Reference Plan No. 42R-12587 subject to an existing one storey frame accessory cabin being permitted in the front yard 7 metres from the high water mark. 7.04.1.22 Waterfront Residential 1 Exception 22 (WF1-22) A single detached dwelling together with any accessory building, structure or use may be permitted on Part of Lot 17, Concession 3, in the geographic Township of McDougall, being Part of Part 1 of Plan 42R-12587 subject to two existing frame cabins being permitted in the front yard 3 and 4 metres from the high water mark respectively with a 3 metre side yard. 7.04.1.23 Waterfront Residential 1 Exception 23 Limited Services (WF1-23-LS) A single detached dwelling together with any permitted accessory use, building or structure may be erected and used on Island D on Mill Lake in the geographic township of McDougall subject to a minimum front yard to allow an elevated deck 7 metres from the high water mark. February 1, 2017 Page 52 7.04.1.24 Waterfront Residential 1 Exception 24 (WF1-24) Part of Lot 3, Concession 7 being Lot 5 of Plan 42M-512 on White Beaver Trail fronting Lorimer Lake in the geographic township of Ferguson may be used for any use permitted including a 1011 square foot detached garage (which will have no plumbing and will not be for human habitation), with an attached 176 square foot open deck prior to the establishment of a main dwelling. 7.04.1.25 Waterfront Residential 1 Exception 25 Limited Services (WF1-25-LS) A single detached dwelling together with any permitted accessory use, building or structure, may be erected and used on Part of Lot 2, Concession 8 in the geographic township of Ferguson being Part of Part 1 of Plan 42R-14620. 7.04.1.26 Waterfront Residential 1 Exception 26 (WF1-262) A single detached dwelling together with any permitted accessory use, building or structure may be erected and used on Part of Lot 24 in Concession C being Part of Block 13 of Plan 42M-571, in the geographic township of McDougall subject to a minimum lot depth of 55 metres. 7.04.1.27 Waterfront Residential 1 Exception 27 Limited Services (WF1-27-LS) A single detached seasonal dwelling together with any permitted accessory buildings and structures may be erected, altered and used on each of three lots located in Lot 10, Concession 8, including part of the original shore road allowance in front thereof, in the geographic township of McDougall subject to each lot having a minimum lot frontage of 150 metres and a minimum lot area of 4.0 hectares. 7.04.1.28 Waterfront Residential 1 Exception 28 Limited Services (WF1-28-LS) A single detached dwelling together with any permitted accessory uses, buildings or structures may be erected and used on each of three separate parcels located in Part of Lot 11, Concession 8, in the geographic township of McDougall provided that the minimum lot area and lot frontages are those set out in Parry Sound Area Planning Board Consent Application No. B4/94(M). 7.04.1.29 Waterfront Residential 1 Exception 29 Limited Services (WF1-29-LS) A single detached dwelling together with any permitted accessory use may be erected and used in Part of Lot 9 and 10, Concession 9 being Parts 3, 4 5 and 6 of Reference Plan No. 42R-16581 in the geographic township of McDougall fronting Trout Lake subject to a minimum lot frontage of 483 metres and a minimum lot area of 30.6 hectares. 7.04.1.30 Waterfront Residential 1 Exception 30 Limited Services (WF1-30-LS) A single detached dwelling together with any permitted accessory use, building or structure may be erected and used on each of two parcels in Part of Lot 10, Concession 9 being Parts 1, 2, 3, 4 and 5 of Reference Plan No. 42R-20142, fronting Trout Lake, geographic township of McDougall subject to a minimum frontage of 120 metres and a minimum lot area of 0.7 hectares. 7.04.1.31 Waterfront Residential 1 Exception 31 Limited Services (WF1-31-LS) A one storey boathouse with up to 12 docking slips may be erected and used on Part of Lot 9, Concession 9, fronting Trout Lake in the geographic township of McDougall provided that it is recognized that access to the property has limited services and is not maintained year round by the Municipality and emergency vehicles may not be able to access the lands. February 1, 2017 Page 53 7.04.1.32 Waterfront Residential 1 Exception 32 Limited Services (WF1-32-LS) A detached dwelling may be erected, altered and used together with any permitted accessory uses on each of two lots described as Part of Lot 12, Concession 9, fronting Trout Lake, in the geographic township of McDougall subject to a minimum lot size of 0.5 hectares, a minimum front yard of 15 metres, a minimum side yard of 4.9 metres, a minimum side yard for accessory buildings of 1.4 metres. 7.04.1.33 Waterfront Residential 1 Exception 33 Limited Services (WF1-33-LS) A single detached dwelling together with any permitted accessory use may be erected and used on each of four parcels located in Part of Lot 20, Concessions 9 and 10 fronting Bell lake in the geographic township of McDougall provided that the dwellings are restricted to seasonal dwelling use only until the lots have direct frontage on an assumed municipal road that is maintained year round by the municipality. 7.04.1.34 Waterfront Residential 1 Exception 34 Limited Services (WF1-34-LS) The lands identified as 28 Bell Lake Road being Part of Lot 20, Concession 8 in the geographic Township of McDougall on Bell Lake may be used for a single detached dwelling including a full basement and a number of accessory buildings and structures subject to the yard requirements and standards identified on the site plan attached to By-law No. 2014-56 and complying with those items set out below. a) provide OLS documentation that verifies the south side yard setback in relation to the shed by the driveway and identify all survey monuments on the south side property line. b) provide a report from the septic approval authority to demonstrate the suitability of the existing septic system; and c) obtain a building permit for all unauthorized structures. 7.04.2 Waterfront Residential 2 Exceptions 7.04.2.1 Waterfront Residential 2 Exception 1 Limited Services (WF2-1-LS) Any use permitted in the Waterfront Residential 2 (WF2) Zone including a privy, a sleeping cabin not exceeding 23 square metres and a single storey garage not exceeding 73 square metres is permitted on part of Lot 2, Concession 10 fronting Shawanaga Lake being Part 1 of Plan 42R-14565 in the geographic township of Ferguson. 7.04.2.2 Waterfront Residential 2 Exception 2 Limited Services (WF2-2-LS) A single detached dwelling together with any permitted accessory use, building or structure, may be erected and used on each of two lots in Part of Island 4C (Elizabeth Island) in Georgian Bay in the geographic township of McDougall being Parts 1, 2, 3 and 4 of Plan 42R-19502 subject to a minimum lot frontage of 45 metres and a minimum lot area of 0.3 hectares. 7.04.3 Waterfront Residential 3 Exceptions 7.04.3.1 Waterfront Residential 3 Exception 1 (WF3-1) A single detached dwelling together with any permitted accessory use, building or structure including a 230 square metre storage building, may be erected and used on Part of Lot 7, Concession 5 being Part 1 of Plan 42R-7351 and Parts 2, 3 and 4 of Plan 42R-14664 fronting Loch Erne Lake in the geographic township of Ferguson. 7.04.4 Waterfront Residential 4 Exceptions February 1, 2017 Page 54 7.04.5 Waterfront Residential 5 Exceptions 7.04.5.1 Waterfront Residential 5 Exception 1 Limited Services (WF5-1-LS) A 26.1 square metres sauna/gazebo building, a 2.5 square metre generator shed and a 268 square metre dock may be permitted prior to the construction of the main dwelling on Part of Lot 13, Concession 12 fronting Campbell Lake in the geographic township of McDougall. 7.04.5.2 Waterfront Residential 5 Exception 2 Limited Services (WF5-2-LS) A detached dwelling may be erected, altered and used together with any permitted accessory uses on Part of Lot 15, Concession 12, fronting Campbell's Lake, in the geographic township of McDougall subject to a minimum lot area of 1.2 hectares. 7.04.6 Waterfront Residential 6 Exceptions 7.04.6.1 Waterfront Residential 6 Exception 1 (WF6-1) A mobile home together with any permitted accessory uses may be erected and used on Part of Lot 9, Concession 12 fronting on Johns Lake, in the geographic township of McDougall. February 1, 2017 Page 55 SECTION 8 - COMMERCIAL (C1) ZONE 8.01 Uses Permitted No person shall within the Commercial (C1) Zone, use any lot, or erect, alter or use any building or structure for any purpose except one or more of the following uses: a) Residential Uses - a dwelling unit or units permitted under the provisions of Section 3.15 of this By- law. b) Commercial Uses - a retail store, including a "take-out" restaurant; - a service shop; - a public garage; - a custom workshop; - a dry cleaning establishment - a funeral home; - a business or professional office; - a place of amusement; - a restaurant, licensed or unlicensed; - a hotel; - a tavern; - a motel; - a gas station; - a rental unit; - an automobile sales establishment; - an automobile service establishment; - a miniature golf course; - a clinic; - a snowmobile dealer; - convenience store; - a theatre; - a tourist establishment; - a lodge; - a mobile home park licensed by the Municipality; - a private camping establishment; - place of entertainment; - tourist information centre; - antique shop; - commercial fishing outfitting and service station; - marina; - boat livery; - trailer park; - marina passenger service terminal; - rental cottage establishment; - bed and breakfast; - a docking area within an owned or approved waterlot; - sail maker; - ancillary retail or service establishment; - farmer's market; - summer camp; - Provincial park; - a wholesale establishment which conducts retail sales in the same premises; - a light manufacturing establishment which conducts retail sales in the same premises, provided that the retail sales area occupies less than 50 percent of the main floor area of the building and there is no outside storage; - parking area for motorized vehicles; - stable for riding horses; or - storage building. February 1, 2017 Page 56 c) Institutional Uses - a church; - a community hall; - arena; - a library; - a hospital; - a nursing home; - a nursery school; or - a cemetery. 8.02 Zone Standards Any building or structure permitted under Section 8.01 shall comply with the following provisions except as otherwise provided for in Section 3, General provisions. a) Minimum Lot Frontage 60 metres, applicable only when fronting directly on publicly maintained road b) Minimum Lot Area 0.2 hectare c) Minimum Lot Depth 40 metres d) Minimum Front Yard 10 metres, not applicable to marinas e) Minimum Interior Side Yard 5 metres, 10 metres next to WF1 to WF6 inclusive, and RR Zoning f) Minimum Exterior Side Yard 10 metres g) Minimum Rear Yard 10 metres h) Minimum Building Area - Ground Floor Residential - See Ontario Building Code, R.S.O., 1990 Commercial - N/A Industrial - N/A i) Maximum Building Height 12 metres j) Accessory Building - Yard Residential - 3 metres Commercial - 1 metre Industrial - 1 metre k) Accessory Building - Height 6 l) Maximum Lot Coverage by building in percent 25% 8.03 Provisions for Accessory Uses The provisions of Section 8.01 and 8.02 shall apply to accessory buildings, structures and uses, except as otherwise provided for in Section 3, General Provisions. 8.04 Special Exception Regulations - Commercial (C1) The regulations contained in Section 8.01 and 8.02, General Use Provisions and Zone Requirements, shall apply to the Special Provision Use areas or areas defined below, except as otherwise specifically provided in the Special Use Regulations in this Subsection 8.04. 8.04.1 Commercial Exception 1 (C1-1) A bakery, together with a detached dwelling and a separate work shop may be permitted on Part of Lot 13, Concession B, being Part 1 of Reference Plan 42R-9199, in the geographic township of Ferguson. 8.04.2 Commercial Exception 2 Holding (C1-2-H) The lands described as Part of Lot 21, Concession 9 in the geographic township of McDougall may be used for a recreational vehicle sales, service and repair shop provided any outside storage is restricted to products for sale, or products awaiting repair for which there is an open work order. 8.04.3 Commercial Exception 3 (C1-3) The lands described as Part of Lot 25, Concession 6 being Part of Lot 15, Plan 328, Part of Part 1, 42R-8127 may include a building supply use provided that there is no outside storage of materials except for building products or materials available for sale. February 1, 2017 Page 57 SECTION 9 - TOURIST COMMERCIAL (C2) ZONE 9.01 Uses Permitted No person shall within the Tourist Commercial (C2) Zone, use any lot, or erect or alter or use any building or structure for any purpose except one or more of the following uses: a) Residential Uses - a dwelling unit or units permitted under the provisions of Section 3.15 of this By- law. b) Commercial Uses - a hotel, motel, rental cottage establishment, or lodge; - a private camping establishment, a private park, an amusement area; - a restaurant, licensed or unlicensed; - a tourist establishment; - a rental unit; - short term accommodation; - a boat building or storage establishment; - a commercial fishing outfitting and service station; - a marina; - a trailer park or camping establishment; - a parking area for motorized vehicles; - a summer camp; or - bed and breakfast. 9.02 Zone Standards Any building or structure permitted under Section 9.01 shall comply with the following provisions except as otherwise provided for in Section 3, General provisions. a) Minimum Lot Frontage 60 metres b) Minimum Lot Area Residential - 0.2 hectare Commercial, new - 1.0 hectare Commercial, existing - 0.5 hectare c) Minimum Lot Depth 40 metres d) Minimum Front Yard 10 metres, not applicable to marinas e) Minimum Interior Side Yard 5 metres, 10 metres next to WF1 to WF6 inclusive, and RR Zoning f) Minimum Exterior Side Yard 10 metres g) Minimum Rear Yard 10 metres h) Minimum Building Area - Ground Floor N/A i) Maximum Building Height 12 metres j) Accessory Building - Yard 1 metre k) Accessory Building - Height 6 metres l) Maximum Lot Coverage by building in percent 15% 9.03 Provisions for Accessory Uses The provisions of Section 9.01 and 9.02 shall apply to accessory buildings, structures and uses, except as otherwise provided for in Section 3, General Provisions. 9.04 Special Exception Regulations - Tourist Commercial (C2) The regulations contained in Section 9.01 and 9.02, General Use Provisions and Zone Requirements, shall apply to the Special Provision Use areas or areas defined below, except as otherwise specifically provided in the Special Use Regulations in this Subsection 9.04. February 1, 2017 Page 58 9.04.1 Tourist Commercial Exception 1 (C2-1) Up to six detached dwellings may be erected and used on Part of Lot 23, Concession 5 in the geographic township of McDougall provided that it is recognized that access to the property is by private, registered right-of-way that is not maintained by the Municipality and emergency vehicles may not be able to access the land and further, no enlargement of the existing number of bedrooms is permitted and any additions, renovations or repairs must comply with the requirements of the Tourist Commercial (C2) Zone. 9.04.2 Tourist Commercial Exception 2 (C2-2) Up to six dwelling units in the form of single detached dwellings or a converted dwelling containing up to two units may be permitted on the lands described as Part of Lot 11, Concession 2 being Part 5 of Reference Plan No. 42R-4701, in the geographic township of Ferguson. February 1, 2017 Page 59 SECTION 10 - RESORT RESIDENTIAL (C3) ZONE 10.01 Uses Permitted No person shall within the Resort Residential (C3) Zone, use any lot, or erect, alter or use any building or structure of any purpose except one or more of the following: a) Residential Uses - a dwelling unit or units permitted under the provisions of Section 3.15 of this By-law. b) Resort Residential Uses - short term accommodation c) Accessory - uses, buildings and structures accessory to the foregoing permitted uses. 10.02 Zone Standards a) Minimum Lot Frontage 70 metres b) Minimum Lot Area 0.5 hectare c) Minimum Lot Depth 60 metres d) Minimum Front Yard 10 metres e) Minimum Interior Side Yard 5 metres f) Minimum Exterior Side Yard 10 metres g) Minimum Rear Yard 10 metres h) Minimum Building Area - Ground Floor 60 square metres i) Maximum Building Height 10 metres j) Accessory Building - Yard 3 metres k) Accessory Building - Height 6 metres l) Maximum Lot Coverage by building in percent 10% 10.03 Provisions for Accessory Uses The provisions of Section 10.01 shall apply to accessory buildings, structures and uses, except as otherwise provided for in Section 3, General Provisions. 10.04 Special Exception Regulations - Resort Residential (C3) The regulations contained in Section 10.01, General Use Provisions and Zone Requirements, shall apply to the Special provision Use areas or areas defined below, except as otherwise specifically provided in the Special Use Regulations in this Subsection 10.04. February 1, 2017 Page 60 SECTION 11 - GENERAL INDUSTRIAL (M1) ZONE 11.01 Uses Permitted No person shall within the General Industrial (M1) Zone, use any lot, or erect, alter or use any building or structure for any purpose except one or more of the following uses: a) Residential Uses - a dwelling unit or units permitted under the provisions of Section 3.15 of this By- law. b) Commercial Uses - a building supply; - a public garage; - a bulk fuel storage establishment; - a service station; - a farm implement dealer; - a restaurant, licensed or unlicensed; - a car wash; - a marina; - a business or professional office; - laundromat; - an automobile sales establishment; - an automobile service establishment; - service shop; - home industry; - custom workshop; - auctioneer's establishment; - kennel; or - a retail sales area that occupies less than 25% of the main floor of the building. c) Industrial Uses - an airport; - a fabricating, processing or manufacturing establishment; - an assembly plant; - a saw mill; - a contractor's yard; - a tradesman shop; - a slaughter house; - a fertilizer mixing plant; - a truck or bus storage terminal; - a machine or welding shop; - a warehouse; - a salvage yard; - a solid waste processing plant; - a landfill site approved by the Ministry of the Environment; or - storage facility for explosives; or - manufacturing and processing of explosives. 11.02 Zone Standards Any building or structure permitted under Section 11.01 shall comply with the following provisions except as otherwise provided for in Section 3, General provisions. a) Minimum Lot Frontage Residential - 60 metres (1) Commercial - 60 metres(1) Industrial - 100 metres b) Minimum Lot Area 1.0 hectare c) Minimum Lot Depth 60 metres d) Minimum Front Yard 10 metres e) Minimum Interior Side Yard 5 metres February 1, 2017 Page 61 f) Minimum Exterior Side Yard 10 metres g) Minimum Rear Yard 10 metres h) Minimum Building Area - Ground Floor Residential - See Ontario Building Code, R.S.O., 1990 Commercial - See Ontario Building Code, R.S.O., 1990 Industrial - N/A i) Maximum Building Height Residential - N/A Commercial - 12 metres Industrial - 20 metres j) Accessory Building - Yard Residential - 3 metres Commercial - 1 metre Industrial -1 metre k) Accessory Building - Height Residential - 6 metres Commercial - 6 metres Industrial - 10 metres l) Maximum Lot Coverage by building in percent Residential - 25% Commercial - 25% Industrial - 25%, coverage restriction does not restrict open storage area (1) - applicable only when fronting directly on publicly maintained road 11.03 Provisions for Accessory Uses The provisions of Section 11.01 and 11.02 shall apply to accessory buildings, structures and uses, except as otherwise provided for in Section 3, General Provisions. 11.04 Special Exception Regulations - General Industrial (M1) The regulations contained in Section 11.01 and 11.02, General Use Provisions and Zone Requirements, shall apply to the Special Provision Use areas or areas defined below, except as otherwise specifically provided in the Special Use Regulations in this Subsection 11.04. 11.04.1 General Industrial Exception 1 (M1-1) The following uses may be permitted on the lands located in Part of Lot 24, Concession 2 and more particularly described as Part of Part 1 of Reference Plan No. 42R-10331, Part of Parts 2, 3, 4, 5 and 6 of Reference Plan No. 42R-17792 in the geographic township of McDougall may be used for: - One dwelling unit if occupied by the owner, caretaker, watchman or other similar person, if employed on the lot on which such dwelling unit is located and in accordance with the provisions of Section 3.21 of this By-law; - a building supply outlet; - a parking garage; - a service station; - a farm implement dealer; - a marina - a business office; - a motor vehicle dealership; - a contractor or tradesman shop or yard; - a machine or welding shop; - a kennel; - a light manufacturing or light industrial undertaking that is conducted wholly within an enclosed building and which shall omit no obnoxious sound, smell, dust, fumes or smoke and which in general shall not be detrimental in appearance or in effect to surrounding uses except that an obnoxious use as defined in section 2.102 of this By- law shall not be allowed; - a truck transport or bus storage area; - a warehouse; - a public garage; - a service shop; - a retail sales area that occupies less than 25% of the main floor of the building. February 1, 2017 Page 62 SECTION 12 - LIGHT INDUSTRIAL (M2) ZONE 12.01 Uses Permitted No person shall within the Light Industrial (M2) Zone, use any lot, or erect or alter or use any building or structure for any purpose except one or more of the following uses: a) Residential Uses - a dwelling unit or units permitted under the provisions of Section 3.15 of this By- law. b) Commercial Uses - restaurant - a business office - custom workshop with no outside storage - home industry - kennel - printer or publisher - gas or service station c) Industrial Uses - manufacturing totally enclosed in a building with no outside storage; - a tradesman shop - auto repair shop - boat repair shop - cold storage - auto body shop 12.02 Zone Standards Any building or structure permitted under Section 12.01 and 12.02 shall comply with the following provisions except as otherwise provided for in Section 3, General provisions. a) Minimum Lot Frontage Residential - 60 metres Commercial - 60 metres Industrial - 100 metres b) Minimum Lot Area 0.4 hectare c) Minimum Lot Depth 60 metres d) Minimum Front Yard 30 metres e) Minimum Interior Side Yard 15 metres f) Minimum Exterior Side Yard 20 metres g) Minimum Rear Yard 20 metres h) Minimum Building Area - Ground Floor N/A i) Maximum Building Height 20 metres j) Accessory Building - Yard 1 metre k) Accessory Building - Height 10 metres l) Maximum Lot Coverage by building in percent N/A 12.03 Provisions for Accessory Uses The provisions of Section 12.01 and 12.02 shall apply to accessory buildings, structures and uses, except as otherwise provided for in Section 3, General Provisions. 12.04 Special Exception Regulations - Light Industrial (M2) The regulations contained in Section 12.01 and 12.02, General Use Provisions and Zone Requirements, shall apply to the Special Provision Use areas or areas defined below, except as otherwise specifically provided in the Special Use Regulations in this Subsection 12.04. February 1, 2017 Page 63 SECTION 13 - INDUSTRIAL PIT (M3) ZONE 13.01 Uses Permitted No person shall within the Industrial Pit (M3) Zone, use any lot, or erect or alter or use any building or structure for any purpose except one or more of the following uses. a) Industrial Uses Permitted Uses - extraction and screening of natural occurring sands and gravel Prohibited Uses - blasting and crushing of rock and other quarry material - no processing or washing of rock or other quarry material is permitted. 13.02 Zone Standards Any building or structure permitted under Section 13.01 shall comply with the following provisions except as otherwise provided for in Section 3, General provisions. a) Minimum Lot Frontage 100 metres b) Minimum Lot Area 1.0 hectare c) Minimum Lot Depth 100 metres d) Minimum Front Yard 50 metres, 120 metres from a waterway e) Minimum Interior Side Yard 20 metres f) Minimum Exterior Side Yard 20 metres g) Minimum Rear Yard 20 metres h) Minimum Building Area - Ground Floor N/A i) Maximum Building Height N/A j) Accessory Building - Yard N/A k) Accessory Building - Height N/A l) Maximum Lot Coverage by building in percent N/A 13.03 Provisions for Accessory Uses The provisions of Section 13.01 and 13.02 shall apply to accessory buildings, structures and uses, except as otherwise provided for in Section 3, General Provisions. 13.04 Special Exception Regulations - Industrial Pit (M3) The regulations contained in Section 13.01 and 13.02, General Use Provisions and Zone Requirements, shall apply to the Special Provision Use areas or areas defined below, except as otherwise specifically provided in the Special Use Regulations in this Subsection 13.04. February 1, 2017 Page 64 SECTION 14 - INDUSTRIAL PIT AND QUARRY (M4) ZONE 14.01 Uses Permitted No person shall within the Industrial Pit and Quarry (M4) Zone, use any lot, or erect or alter or use any building or structure for any purpose except one or more of the following uses. a) Industrial Uses Permitted Uses - a sand, gravel or rock pit or quarry extraction operation; - a sand, gravel or rock processing, blasting, washing, sorting, storage, screening or crushing operation; 14.02 Zone Standards Any building or structure permitted under Section 14.01 shall comply with the following provisions except as otherwise provided for in Section 3, General provisions. a) Minimum Lot Frontage 100 metres b) Minimum Lot Area 1.0 hectare c) Minimum Lot Depth 100 metres d) Minimum Front Yard 50 metres, 120 metres from a waterway e) Minimum Interior Side Yard 20 metres f) Minimum Exterior Side Yard 20 metres g) Minimum Rear Yard 20 metres h) Minimum Building Area - Ground Floor N/A i) Maximum Building Height N/A j) Accessory Building - Yard N/A k) Accessory Building - Height N/A l) Maximum Lot Coverage by building in percent N/A 14.03 Provisions for Accessory Uses The provisions of Section 14.01 and 14.02 shall apply to accessory buildings, structures and uses, except as otherwise provided for in Section 3, General Provisions. 14.04 Special Exception Regulations - Industrial Pit and Quarry (M4) The regulations contained in Section 14.01 and 14.02, General Use Provisions and Zone Requirements, shall apply to the Special Provision Use areas or areas defined below, except as otherwise specifically provided in the Special Use Regulations in this Subsection 14.04. February 1, 2017 Page 65 SECTION 15 - WASTE DISPOSAL (M5) ZONE 15.01 Uses Permitted No person shall within the Waste Disposal (M5) Zone. use any lot, or erect, alter or use any building or structure for any purpose except one or more of the following uses: - a solid waste collection, sorting, processing and disposal area; - a waste transfer station; - a recycling facility; - buildings and structures for an accessory to the permitted uses; - a salvage yard. 15.02 Zone Standards Any building or structure permitted under Section 15.01 shall comply with the following provisions except as otherwise provided for in Section 3, General provisions. a) Minimum Lot Frontage 100 metres b) Minimum Lot Area 1.0 hectare c) Minimum Lot Depth 100 metres d) Minimum Front Yard 150 metres e) Minimum Interior Side Yard 150 metres f) Minimum Exterior Side Yard 150 metres g) Minimum Rear Yard 150 metres h) Minimum Building Area - Ground Floor N/A i) Maximum Building Height j) Accessory Building - Yard k) Accessory Building - Height l) Maximum Lot Coverage by building in percent N/A 15.03 Provisions for Accessory Uses The provisions of Section 15.01 and 15.02 shall apply to accessory buildings, structures and uses, except as otherwise provided for in Section 3, General Provisions. 15.04 Special Exception Regulations - Waste Disposal (M5) The regulations contained in Section 15.01 and 15.02, General Use Provisions and Zone Requirements, shall apply to the Special Provision Use areas or areas defined below, except as otherwise specifically provided in the Special Use Regulations in this Subsection 15.04. February 1, 2017 Page 66 SECTION 16 - OPEN SPACE (OS) ZONE 16.01 Uses Permitted No person shall within the Open Space (OS) Zone, use any lot, or erect, alter or use any building or structure for any purpose except one or more of the following uses: a) Open Space Uses - an area where the primary land use is for public or private recreation, a community hall, a golf course, a tennis court; - a cemetery; - a municipal arena, or marina; or - a private or public park. 16.02 Zone Standards Any building or structure permitted under Section 16.01 shall comply with the following provisions except as otherwise provided for in Section 3, General provisions. a) Minimum Lot Frontage 40 metres b) Minimum Lot Area 0.4 hectare c) Minimum Lot Depth 40 metres d) Minimum Front Yard 10 metres e) Minimum Interior Side Yard 5 metres f) Minimum Exterior Side Yard 10 metres g) Minimum Rear Yard 10 metres h) Minimum Building Area - Ground Floor N/A i) Maximum Building Height 10 metres j) Accessory Building - Yard 3 metres k) Accessory Building - Height 5 metres l) Maximum Lot Coverage by building in percent 5% 16.03 Provisions for Accessory Uses The provisions of Section 15.01 shall apply to accessory buildings, structures and uses, except as otherwise provided for in Section 3, General Provisions. 16.04 Special Exception Regulations - Open Space (OS) The regulations contained in Section 16.01 and 16.02, General Use Provisions and Zone Requirements, shall apply to the Special Provision Use areas or areas defined below, except as otherwise specifically provided in the Special Use Regulations in this Subsection 16.04. February 1, 2017 Page 67 SECTION 17 - ENVIRONMENTAL PROTECTION (EP) ZONE 17.01 Uses Permitted No person shall within the Environmental Protection (EP) Zone, use any lot, or erect, alter or use any structure for any purpose except one or more of the following uses: a) Rural Uses - a farm but not a specialized use farm as defined in this By-law; - an aviary; - an arboretum; or - a forestry operation except that no buildings and structures shall be permitted in this zone. b) Open Space Uses - land owned by or under the control of a conservation authority established by or under The Conservation Authorities Act, 1968 or a predecessor of this Act; - an area for the protection of an environmental hazard such as wetlands subject to very high water table, steep slopes, gullies, or lands subject to wind or water erosion; - a conservation area primarily for the location of flood control, bank stabilization or erosion protection structures or projects; - existing docks, boathouse, saunas; or - docks that meet the permission criteria of any relevant agencies or authorities. 17.02 Zone Standards Any building or structure permitted under Section 17.01 shall comply with the following provisions except as otherwise provided for in Section 3, General provisions. a) Minimum Lot Frontage 40 metres b) Minimum Lot Area 0.4 hectare c) Minimum Lot Depth 40 metres d) Minimum Front Yard 10 metres e) Minimum Interior Side Yard 5 metres f) Minimum Exterior Side Yard 10 metres g) Minimum Rear Yard 10 metres h) Minimum Building Area - Ground Floor N/A i) Maximum Building Height 10 metres j) Accessory Building - Yard 3 metres k) Accessory Building - Height 5 metres l) Maximum Lot Coverage by building in percent N/A 17.03 Provisions for Accessory Uses The provisions of Section 17.01 and 17.02 shall apply to accessory buildings, structures and uses, except as otherwise provided for in Section 3, General Provisions. 17.04 Special Exception Regulations - Environmental Protection (EP) The regulations contained in Section 17.01 and 17.02, General Use Provisions and Zone Requirements, shall apply to the Special Provision Use areas or areas defined below, except as otherwise specifically provided in the Special Use Regulations in this Subsection 17.04. February 1, 2017 Page 68 SECTION 18 - FLOOD PLAIN (FP) ZONE 18.01 Uses Permitted No person shall within the Flood Plain (FP) Zone, use any lot, or erect, alter or use any building or structure for any purpose except one or more of the following uses: a) Open Space Uses - a dock or non-habitable boathouse approved by the Ministry of Natural Resources; or - an area for the location of flood control measures including bank stabilization, erosion protection and ancillary structures or projects 18.02 Zone Standards Any building or structure permitted under Section 18.01 shall comply with the following provisions except as otherwise provided for in Section 3, General provisions. a) Minimum Lot Frontage 40 metres b) Minimum Lot Area 0.4 hectare c) Minimum Lot Depth 40 metres d) Minimum Front Yard N/A e) Minimum Interior Side Yard N/A f) Minimum Exterior Side Yard N/A g) Minimum Rear Yard N/A h) Minimum Building Area - Ground Floor N/A i) Maximum Building Height 10 metres j) Accessory Building - Yard 3 metres k) Accessory Building - Height 5 metres l) Maximum Lot Coverage by building in percent N/A 18.03 Provisions for Accessory Uses The provisions of Section 18.01 and 18.02 shall apply to accessory buildings, structures and uses, except as otherwise provided for in Section 3, General Provisions. 18.04 Special Exception Regulations - Flood Plain (FP) The regulations contained in Section 18.01 and 18.02, General Use Provisions and Zone Requirements, shall apply to the Special Provision Use areas or areas defined below, except as otherwise specifically provided in the Special Use Regulations in this Subsection 18.04. February 1, 2017 Page 69 SECTION 19 - ADMINISTRATION 19.01 Zoning Administration This By-law shall be administered by persons as may be authorized from time to time by the Council of the Municipality. 19.02 Application and Plans An application for a building permit shall contain all of the information required to determine whether or not such application conforms with the requirements of this By-law. 19.03 Penalty (a) Every person who contravenes any provisions of this By-law shall be guilty of an offense and on conviction is liable: i) on a first conviction, to a fine of not more than twenty-five thousand dollars ($25,000.00); and, ii) on a subsequent conviction, to a fine of not more than ten thousand dollars ($10,000.00) for each day or part thereof upon which the contravention has continued after the day on which the person was first convicted. (b) Where a corporation contravenes any provisions of this By-law the corporation shall be guilty of an offense and, on conviction is liable: i) on a first conviction, to fine of not more than fifty thousand dollars ($50,000.00); and ii) on a subsequent conviction, to a fine of not more than twenty-five thousand dollars ($25,000.00) for each day or part thereof upon which the contravention has continued after the day on which the corporation was first convicted. 19.04 Date of By-law Approval This By-law shall take effect and come into force in accordance with the Planning Act. 19.05 Transitional Provisions This By-law does not apply to prevent the issuance of a building permit for a building, structure or use for which an approval under the Planning Act has been granted for: a) minor variance; b) zoning by-law amendment; c) site plan approval; or d) a consent, where the said building, structure or use occurs in accordance with the plans originally filed with the Municipality in support of the application. February 1, 2017 Page 70 SECTION 20 - BY-LAW REPEALS The following By-law is hereby repealed: By-law No. 2004-50 is hereby repealed on the date that this By-law becomes effective according to the Planning Act. READ a FIRST and SECOND time this 1st day of February, 2017. Dale Robinson Cindy Vankoughnett _______________________________ __ ___________________________________ MAYOR CLERK READ a THIRD time, PASSED, SIGNED and SEALED this 1st day of February, 2017. Dale Robinson Cindy Vankoughnett _______________________________ __ ___________________________________ MAYOR CLERK