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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
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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
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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
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(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
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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
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(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
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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
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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
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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