This is the exact embedded text of the captured official document.
Snapshot dbc7ff912100 · verified 2026-06-09 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
By-Law No. 2024-17
Comprehensive Zoning By-law for the
Township of McGarry
Prepared for:
The Township of McGarry
27 Webster Street; P.O. Box 99
Virginiatown, ON P0K 1X0
Prepared by:
J.L. Richards & Associates Limited
Engineers - Architects - Planners
314 Countryside Drive
Sudbury, ON P3E 2K8
JLR No. 28717-001
As Adopted April 9, 2024
In Full Effect September 29, 2025
EXPLANATORY NOTE
The purpose and effect of Zoning By-law No. 2024-17 is to repeal and replace the Comprehensive Zoning
By-law for the Township of McGarry. The Zoning By-law was completed to be in conformity with the
2023 Official Plan. The By-law includes the regulation of the use of land, the size and location of
buildings and structures, and parking requirements in the Township of McGarry.
Township of McGarry Zoning By-law
As Adopted
April 9, 2024
i
By-law No. 2024-17
SECTION 1
AUTHORIZATION AND ADMINISTRATION ........................................................................... 1
SECTION 2
INTERPRETATION ................................................................................................................ 4
SECTION 3
DEFINITIONS ....................................................................................................................... 6
SECTION 4
GENERAL PROVISIONS ...................................................................................................... 30
4.1
Accessory Uses .................................................................................................................. 30
4.2
Automobile Service Stations and Gasoline Bars ............................................................... 34
4.3
Bed and Breakfast Establishments.................................................................................... 34
4.4
Buildings to be Moved ...................................................................................................... 35
4.5
Camps (Hunt Camps, Fishing Camps) ............................................................................... 35
4.6
Established Building Line in Built-Up Area ........................................................................ 35
4.7
Fences ............................................................................................................................... 36
4.8
Flood Plain......................................................................................................................... 36
4.9
Frontage on Roads and Water .......................................................................................... 38
4.10
Height Exceptions ............................................................................................................. 38
4.11
Home Industries ................................................................................................................ 38
4.12
Home Occupations ............................................................................................................ 39
4.13
Land Suitability for Use ..................................................................................................... 40
4.14
Landscaped Open Space/Planting Strip ............................................................................ 40
4.15
Lots Divided into More Than One Zone ............................................................................ 41
4.16
Minimum Distance Separation ......................................................................................... 41
4.17
Multiple Uses on One Lot ................................................................................................. 41
4.18
Non-Conforming Uses ....................................................................................................... 41
4.19
Non-Complying Uses ......................................................................................................... 42
4.20
Occupancy Restrictions ..................................................................................................... 43
4.21
Open Storage .................................................................................................................... 43
4.22
Outdoor Illumination ........................................................................................................ 44
4.23
Public Uses Permitted ....................................................................................................... 44
4.24
Short Term Rentals ........................................................................................................... 45
4.25
Sight Triangles ................................................................................................................... 45
4.26
Signs .................................................................................................................................. 46
4.27
Special Setbacks ................................................................................................................ 46
4.28
Temporary Uses ................................................................................................................ 47
4.29
Terrain Unsuitability ......................................................................................................... 48
4.30
Wayside Pits and Quarries ................................................................................................ 48
4.31
Yard Encroachments ......................................................................................................... 48
SECTION 5
PARKING ............................................................................................................................ 50
SECTION 6
ZONES ............................................................................................................................... 57
SECTION 7
Settlement (S) Zone .......................................................................................................... 60
SECTION 8
General Residential (R1) Zone .......................................................................................... 65
SECTION 9
Multiple Residential (R2) Zone ......................................................................................... 67
SECTION 10
Lakefront Residential (RL) Zone ........................................................................................ 69
SECTION 11
Highway Commercial (HC) Zone ....................................................................................... 70
SECTION 12
Tourist Commercial (TC) Zone .......................................................................................... 73
SECTION 13
Institutional (I) Zone ......................................................................................................... 75
SECTION 14
Industrial (M) Zone ........................................................................................................... 77
SECTION 15
Extractive Industrial (MX) Zone ........................................................................................ 79
SECTION 16
Mineral Mining (MM) ....................................................................................................... 80
Township of McGarry Zoning By-law
As Adopted
April 9, 2024
ii
By-law No. 2024-17
SECTION 17
Rural (RU) Zone ................................................................................................................. 81
SECTION 18
Open Space (OS) Zone ...................................................................................................... 84
SECTION 19
Environmental Protection (EP) Zone ................................................................................ 85
As Adopted
April 9, 2024
1
By-law No. 2024-17
SECTION 1 AUTHORIZATION AND ADMINISTRATION
1.1
Title
This By-law shall be known as the "Zoning By-law" or "Zoning By-law No. 2024-17 of the
Corporation of the Township of McGarry
1.2
Defined Area
The provisions of this By-law shall apply to all lands within the incorporated limits of the
Township of McGarry.
1.3
Effective Date
This By-law shall come into effect on the day it is passed by Council subject to the appeal
provisions of the Planning Act.
1.4
Repeal of Former By-laws
By-law 2011-08 being the former Zoning By-law for the Township of McGarry and all
amendments thereto are hereby repealed.
1.5
Administration and Enforcement
This By-law shall be administered by the Township of McGarry, and no permit for the use of land
or for the erection of any building or structure within the area to which this By-law applies, shall
be issued where the proposed use, building or structure would be in violation of any provisions
of this By-law.
1.6
Applications and Plans
In addition to the requirements of any Building By-law, every application for a building permit
shall be accompanied by sufficient information, in an appropriate form, to determine whether
the building or structure conforms to the requirements of this By-law. This shall include:
a)
A plan drawn to scale showing the true dimensions of the lot to be built on and used;
the location, height, and dimensions of any existing or proposed building, structure, and
use; the location of any required setback and the proposed location and dimension of
any yard, landscaped open space, and off-street parking and loading required by the By-
law; and
b)
the exact use proposed for each building, structure, and/or the proposed use of the lot
to determine whether such building, structure, or use conforms to this By-law.
Every such application shall be signed by the owner of the lot or the owner's agent duly
authorized thereunto in writing.
Township of McGarry Zoning By-law
AUTHORIZATION &
SECTION 1
ADMINISTRATION
As Adopted
April 9, 2024
2
By-law No. 2024-17
1.7
Conformity
No land to which this By-law applies shall hereafter be used and no building or structure shall
hereafter be erected or used except in accordance with the general and special provisions of
this By-law, but nothing in this By-law prevents the use of any land, building or structure for any
use prohibited by this By-law if such land, building or structure was lawfully used for such
purpose on the day this By-law comes into effect.
1.8
Licenses and Permits
a)
No change shall be made in the type of use of any land, building, or structure within any
zone, without first obtaining a Certificate of Occupancy from the Township to the effect
that the proposed use conforms to this By-law.
b)
No municipal permit, certificate, or licence shall be issued for a proposed use of land or
a proposed erection, alteration, enlargement, or use of any building or structure that is
in contravention of any provision of this By-law.
1.9
Inspection
The authority having jurisdiction to enforce this By-law from time to time is hereby authorized,
after reasonable notice to the owner or assessed owner, occupant or apparent occupant of the
property in question, to enter at all reasonable hours for the purposes of inspection.
1.10
Violation and Penalty
a)
Pursuant to Section 429 of the Municipal Act, R.S.O., 2001, Chapter 25 and to Section 67
of the Planning Act, R.S.O., 1990, Chapter P13, as amended respectively, every person
who contravenes any of the provisions of the Zoning By-law shall upon conviction
thereof, forfeit and pay a penalty not exceeding $25,000 exclusive of costs for each
offence, and on a subsequent conviction to a fine of not more than $10,000 for each day
or part thereof upon which the contravention has continued after the day on which the
person was first convicted. All of the provisions of which shall apply, except any term of
imprisonment for default of the payment of the fine and costs imposed under this By-
law shall not exceed six (6) months. The imposition of the penalty for contravention of
this By-law shall not excuse the condition or matter resulting in such contravention or
permit it to continue.
b)
In addition to any penalty provided by this By-law, any contravention may be restrained
by action at the instance of any ratepayer or of the Township to the provisions of
Section 45 of the Planning Act, R.S.O., 1990, Chapter P13, as amended, in that behalf.
1.11
Repetition of Offences
The conviction of an offender upon a breach of any of the provisions of this By-Law, shall not
prevent prosecution against the same offender upon any subsequent breach of the same or any
Township of McGarry Zoning By-law
AUTHORIZATION &
SECTION 1
ADMINISTRATION
As Adopted
April 9, 2024
3
By-law No. 2024-17
other provision of this By-Law.
1.12
Remedies
Where any building or structure is or is proposed to be erected, reconstructed, extended or
enlarged, or any building or structure or part thereof is or is proposed to be used, or any land is
or is proposed to be used, in contravention of any requirements of this By-law such
contravention may be restrained by action at the instance of any ratepayer or of the Township
pursuant to the provisions of the Planning Act.
1.13
Validity
If any portion of this By-law is for any reason declared invalid by a court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
By-law.
1.14
Committee of Adjustment
Pursuant to the provisions of Section 44 and 45 of the Planning Act, a duly appointed Committee
of Adjustment is authorized to grant relief to any provisions of the Zoning By-law of the
Township of McGarry, by way of granting a minor variance or by giving a permission for the
enlargement or extension of a non-conforming use or to permit a change of use to a similar or
more compatible use or to authorize a use that conforms with those permitted in the By-law,
despite that a use, building or structure may be defined in general terms.
As Adopted
April 9, 2024
4
By-law No. 2024-17
SECTION 2 INTERPRETATION
2.1
General
In their interpretation and application, the provisions of this By-law shall be held to be the
minimum requirement adopted for the promotion of the public health, safety, convenience, or
general welfare. Whenever the requirements of this By-law are at variance with the
requirements of any other By-law, the most restrictive, or the By-law imposing the higher
standards, shall govern and apply. Nothing in this By-law shall be construed to exempt any
person from complying with the requirements of any other By-law of the Township or from any
law of the Province of Ontario or of Canada.
2.2
Certain Words
In this By-law, words used in the present tense include future; and the word "used" includes
"arranged, designed or intended to be used"; the word "shall" is mandatory and not
discretionary.
Unless the context clearly indicates the contrary, where a regulation involves two or more
items, conditions, provisions or events connected by the conjunction "and", "or", or "either-or",
the conjunction shall be interpreted as follows:
a)
"and" indicates that all connected items, conditions, provisions or events shall apply in
any combination;
b)
"or" indicates that the connected items, conditions, provisions or events may apply
single or in combination; and
c)
"either-or" indicates that the connected items, conditions, provisions or events shall
apply single but not in combination.
2.3
Interpretation of Similar Permitted Uses
Uses other than those hereinafter specifically mentioned as uses in each of the zones, may be
permitted therein, provided such uses are similar to those specifically mentioned and are, in the
opinion of Council, or a designate of Council, not more obnoxious or detrimental to the welfare
of the community, than the permitted uses specifically mentioned in the respective zone.
2.4
Measurements
Measurements contained in this By-law are in metric units only. Where imperial units appear,
such units do not form part of this By-law; they are to be considered as ancillary information
only are provided only for the convenience of the reader.
2.5
Technical Revisions
Revisions may be made to this by-law without the need for a zoning by-law amendment in the
Township of McGarry Zoning By-law
SECTION 2
INTERPRETATION
As Adopted
April 9, 2024
5
By-law No. 2024-17
following cases:
a)
correction of grammar, punctuation or typographical errors, or revisions to format in a
manner that does not change the intent of a provision;
b)
adding or revising technical information on maps or schedules that does not affect the
zoning of lands including, but not limited to, matters such as updating and correcting
infrastructure information, keys, legends, or title blocks; and
c)
changes to appendices, footnotes, headings, indices, marginal notes, tables of contents,
illustrations, historical or reference information, page numbering, footers, and headers,
which do not form a part of this by-law and are editorially inserted for convenience of
reference only.
2.6
Schedules
Schedules A and B attached hereto, together with notations and references shown thereon, are
hereby declared to form part of this By-law.
As Adopted
April 9, 2024
6
By-law No. 2024-17
SECTION 3 DEFINITIONS
For the purposes of this By-law, the definitions and interpretations given in this Section shall
govern.
Accessory, when used to describe a use, building, or structure, shall mean a use, building, or
structure that is customarily incidental and subordinate to the main use and located on the
same lot with such main use. This definition shall include: decks greater than or equal to 0.6 m
in height; gazebos; and freestanding solar panels and wind turbines.
Adult Entertainment Business shall mean any premises or part thereof including a retail store,
entertainment parlour, or other business in which the principal trade provided, in pursuance of
a trade, calling, business, occupation, goods, or services appeals to or is designed to appeal to
erotic or sexual appetites or inclinations.
Aggregate shall mean gravel, sand, clay, earth, shale, limestone, dolostone, sandstone, marble,
granite, rock other than metallic ores, asbestos, graphite, kyanite, mica, nepheline syenite, salt,
talc, wollastonite, mine tailings or other material prescribed under the Mining Act.
Agricultural Use shall mean the use of land, buildings or structures for:
a)
The growing of crops, including cannabis, including all related activities such as soil
preparation, manure or fertilizer spreading, planting, spraying, irrigating, harvesting,
and also including the storage and sale of crops;
b)
The raising, boarding, keeping and sale of all forms of livestock, except dogs, including
all related activities such as breeding, training, feeding, and grazing, and including the
raising of fish;
c)
The production of animal products such as milk, eggs, wool, fur, or honey, including
related activities such as the collection, storage, and sale of the products;
d)
A greenhouse or nursery garden, including storage and sale of the products; and
e)
The use and storage of all forms of equipment or machinery needed to accomplish the
foregoing activities.
Agricultural-Related Use shall mean a farm-related commercial or farm-related industrial use
that is directly related to farm operations in the area, supports agriculture, benefits from being
in close proximity to farm operations, and provides direct products and/or services to farm
operations as a primary activity.
Airfield shall mean land used for the purpose of the landing, storing, taxiing and taking-off of
private aircraft as the primary function to a residential use, but not an airport under the
regulation of the Ministry of Transportation.
Aisle shall mean the travelled way by which motor vehicles enter and depart parking spaces.
Township of McGarry Zoning By-law
SECTION 3
DEFINITIONS
As Adopted
April 9, 2024
7
By-law No. 2024-17
Alter, in reference to
a)
a building or part thereof, shall mean to change any one or more of the external
dimensions of such building or to change the type of construction of the exterior walls
or roof thereof;
b)
a lot, shall mean to change the area frontage or depth thereof, to change the width,
depth or area of any required yard, landscaped open space or parking area, or to change
the location of any boundary of such lot in respect to a street or lane, whether such
alteration is made by conveyance, alienation of any parts of such lot, or otherwise; and
altered and alteration shall have corresponding meanings.
Asphalt Plant shall mean an industrial facility used for the production of asphalt for immediate
use in the paving of roads and driveways and the damp proofing of buildings or structures.
Attached shall mean a building or structure otherwise complete in itself, which depends for
structural support, or complete enclosure, upon a division wall or walls shared in common with
adjacent building or structures.
Attic shall mean that portion of a building immediately below the roof and wholly or partly
within the roof framing.
Auditorium shall mean a building or structure where facilities are provided for athletic, civic,
educational, political, religious, or social events. This definition may include an arena,
community centre, gymnasium, stadium, theatre, or similar use.
Automatic Car Wash shall mean a building or structure containing facilities for washing motor
vehicles, either by production line methods and mechanical devices, or by self-service operation.
Automobile Service Station shall mean a building where automotive fuel such as, but not
necessarily limited to gasoline, propane, and diesel fuel and where oil is kept for sale and where
only minor or emergency repairs essential to the actual operation of motor vehicles may also be
performed, and where grease, anti-freeze, tires, spark plugs, and other automobile accessories
may be sold incidentally, and where motor vehicles may also be oiled, greased, or washed, but
where no other activities of a commercial garage are carried on.
Automotive Store shall mean an establishment primarily engaged in the retail sale of vehicle
parts, accessories, and tools. Accessory uses may include service bays for performing
maintenance and repair operations on motor vehicles. This definition shall not include any
establishment otherwise defined herein or specifically named elsewhere in this By-law.
Basement shall mean one or more storeys of a building located below the first storey.
Bed and Breakfast shall mean an owner-occupied dwelling used incidentally to provide
accommodation and meals to transient travellers, but does not include a boarding house, a
rooming house, hotel, or motel.
Township of McGarry Zoning By-law
SECTION 3
DEFINITIONS
As Adopted
April 9, 2024
8
By-law No. 2024-17
Boat House shall mean a building or structure or part, used for the storage of private boats and
equipment accessory to their use, as an accessory use to a residential use, no part of which shall
be used for any residential or commercial purpose.
Boat Launch means an area of land adjacent to a water body or watercourse that is used to
launch and remove boats from the water. Boat launches may be public or private.
Boat Slip shall mean a temporary mooring space that is provided for the use of visitors arriving
and departing by a boat.
Buffer Strip shall mean a landscaped or planted area reserved for the purpose of screening or
obstructing the view of buildings, land or structures or shielding or blocking noise, lights or other
nuisances by the planting of trees and shrubs or fences.
Building shall mean a structure having a roof supported by columns or walls or directly on the
foundation and used for the shelter and accommodation of persons, animals, or goods:
-, Accessory shall mean a building customarily incidental and subordinate to the main
use or building and located on the same lot with such main use or building.
-; Envelope shall mean the buildable area on a lot, as defined by all of the required yards
and setbacks and the maximum height provisions, within which a building can be
erected.
-, Main shall mean the building serving the principal or primary uses for which the lot
was purchased, leased, or rented.
-, Temporary shall mean a building or structure intended for removal or demolition
within a prescribed time, not exceeding two years, as set out in a building permit.
Building By-law shall mean any Building By-law of the Township and amendments thereto.
Building Contractor's Shop/Yard shall mean a place of business for persons employed in building
trades such as painting, plumbing, electrical work, masonry, metal working, and carpentry or
truck, bulldozer, loader, and backhoe operating and such place of business may be used for the
storage of equipment, materials, and vehicles which are used on construction sites and may
include such related uses as office space, or maintenance facilities, but shall not include a retail
business, sales counter, nor a wholesale business.
Building Line shall mean a line within a lot drawn parallel to a lot line establishing the minimum
distance between that lot line and any portion of a building or structure which may be erected.
Building Supply Outlet shall mean an establishment engaged in the selling or installing of
building supplies including lumber, millwork, siding, roofing, plumbing, electrical, heating, air
conditioning, home improvements, and similar items. This definition shall not include any
establishment otherwise defined herein or specifically named elsewhere in this By-law.
Township of McGarry Zoning By-law
SECTION 3
DEFINITIONS
As Adopted
April 9, 2024
9
By-law No. 2024-17
By-law Enforcement Officer shall mean the officer or employee of the Township, or an
amalgamation of municipalities of which the Township is a part of, charged with the duty of
administering the provisions of municipal by-laws.
Camp (Hunt Camp, Fishing Camp) shall mean a building or structure used for sleeping
accommodation, and the preparation of serving of food, and intended for use as a base camp
for hunting, fishing, snowmobiling, hiking, or other similar forms of recreation. The hunt camp is
to be used on a temporary or seasonal basis and is not a commercial facility.
Campground shall mean an area of land, managed as a unit, providing short-term
accommodation for tents, recreational vehicles or campers where a fee is charged for such
accommodation, but shall not include mobile homes, or a mobile home park. A campground
may include accessory uses, buildings and structures such as a laundromat, convenience store,
sale of propane fuels or others that are generally accessory to the operation of the campground.
Carport shall mean a covered parking area which is open on at least two sides.
Cellar shall mean that portion of a building between two floor levels which is partly or wholly
underground but which has more than one-half of its height from finished floor to finished
ceiling below the established grade.
Cemetery shall mean land, buildings, or structures set aside to be used for the internment of
human remains and may include a mausoleum, columbarium or other similar buildings or
structures.
Chief Building Official shall mean the officer or employee of the Township, or amalgamation of
municipalities, charged with the duty of enforcing the Building Code Act together with any
Regulations made thereunder, and the provisions of the Building By-law.
Child Care Centre shall mean a "child care centre" as defined in the Child Care and Early Years
Act, 2014, and its successors.
Clinic shall mean one or more buildings or part of a building used solely for the purposes of
consultation, diagnosis and treatment of patients by Ontario Licensed physicians, dentists,
optometrists, denturists, chiropodists, chiropractors, or drugless practitioners, together with
their assistants, and without limiting the generality of the foregoing, the building(s) or part
thereof may include administrative offices, waiting rooms, treatment rooms, laboratories,
pharmacies, and dispensaries directly associated with the clinic, but shall not include
accommodation for in-patient care or operating rooms for major surgery.
Club shall mean a building or part of a building used as a meeting place for members of an
organization and includes a lodge, fraternity, or sorority house and a labour union hall.
Commercial Greenhouse shall mean a commercial place used for the growing of flowers,
vegetables, shrubs, trees, and similar vegetation for wholesale or retail sale.
Township of McGarry Zoning By-law
SECTION 3
DEFINITIONS
As Adopted
April 9, 2024
10
By-law No. 2024-17
Commercial Use shall mean the use of land, buildings and/or structures for the purposes of
buying and selling of commodities and supplying of services, as distinguished from such uses as
manufacturing or assembling of goods, warehousing and construction. Commercial use also
includes highway commercial use and those commercial uses which rely on the tourist
population. Examples of commercial uses include retail stores, offices, automobile service
stations, etc.
Communications Facility shall mean an installation which transmits, receives and/or relays
communications such as a microwave relay tower, telephone or telegraph line, cellular
telephone tower, radio or television broadcast tower, or similar facility.
Community Centre shall mean a place used for community activities, the ownership and/or
maintenance of which is vested with the Township or other organization for non-commercial
purposes. Without limiting the generality of the foregoing, community centres may include
parks and open space, sports fields, skateboard parks, playgrounds, courts, gymnasiums, places
of assembly, swimming pools, facilities for indoor and outdoor recreational, social, or cultural
activities.
Conservation Use shall mean the preservation and protection of the components of the natural
environment through management and maintenance for both the individual and society's uses,
both in the present and in the future.
Corporation shall mean the Corporation of the Township of McGarry.
Council shall mean the Council of the Corporation of the Township of McGarry
Custom Workshop shall mean land and/or a building or part of a building used by a contractor,
builder, or tradesman to perform manufacturing, repair, or assembly work or for the storage of
equipment and materials used for off-site work and includes those operated by a carpenter, well
driller, tile drainage installer, a locksmith, blacksmith, tinsmith, gunsmith, welder, machinist, or
persons involved in similar occupations.
Detached shall mean a building or structure which is not part dependent on any other building
or structure for structural support or enclosure.
Development shall mean the creation of a new lot, a change in land use, or the construction of
buildings and structures, requiring approval under the Planning Act.
Driveway shall mean a vehicular access connected only to one public street or private road or
thoroughfare, which provides ingress to and/or egress from a lot and may include a shared
driveway but shall not include a lane as defined herein.
Dry Cleaning or Laundry Outlet shall mean a building used for the purpose of receiving articles
or goods of fabric to be subjected elsewhere to the process of cleaning or dyeing. Such
establishment may also be used for pressing and/or distributing any articles or goods which
have been received therein.
Township of McGarry Zoning By-law
SECTION 3
DEFINITIONS
As Adopted
April 9, 2024
11
By-law No. 2024-17
Dry Cleaning or Laundry Plant shall mean a building where dry cleaning, dry dyeing, cleaning, or
pressing of articles or goods of fabric is conducted and (1) in which solvents, which emit no
odours or fumes are, or can be, used, and (2) in which no noise or vibration causes a nuisance or
inconvenience without the premises. This definition may include a dry cleaning or laundry
outlet.
Dwelling shall mean a building used or intended to be used for human habitation and in which
all usual domestic functions may be carried on. This definition shall not include any vehicle as
defined herein.
-, Additional Residential Unit shall mean a separate dwelling unit which is either located
in a single detached dwelling, semi-detached dwelling, rowhouse or an accessory
building or structure.
-, Apartment shall mean a building consisting of three or more independent dwelling
units other than a rowhouse dwelling.
Boarding House shall mean a dwelling or portion thereof containing not more than four
guest rooms, used for the accommodation of the public in which the owner or head
lessee supplies for compensation, lodging with or without meals but does not include
any other establishment otherwise defined herein.
-, Duplex shall mean a building that is divided horizontally into two dwelling units.
-; Garden Suite shall mean a temporary, one-unit, self-contained, and portable detached
residential structure that is ancillary to and on the same lot as a residential dwelling, and
excludes a trailer as defined herein.
-; Mobile Home shall mean a dwelling that is designed to be made mobile and
constructed or manufactured as per the Ontario Building Code with a permanent
foundation to provide a permanent residence for one or more persons, but does not
include a recreational vehicle, a travel trailer or tent trailer, or trailer otherwise
designed.
-, Modular Home shall mean a single detached dwelling which has been manufactured
in a factory remote from the site where it is intended to be used and transported to the
site for installation on a prepared foundation and which unit complies with all applicable
standards of the Canadian Standards Association, and for the purpose of this By-Law
shall be considered as a single detached dwelling.
-, Rowhouse shall mean a building that is divided vertically into three or more dwelling
units.
-, Seasonal shall mean a building containing only one dwelling unit used for recreation
and not occupied as a permanent dwelling.
-, Semi-Detached shall mean a building that is divided vertically into two dwelling units.
Township of McGarry Zoning By-law
SECTION 3
DEFINITIONS
As Adopted
April 9, 2024
12
By-law No. 2024-17
-, Single shall mean a detached building containing only one dwelling unit. This
definition shall include a modular home as defined herein.
Tiny Home shall mean a small, private and self-contained dwelling unit that meets the
minimum dwelling unit size as per the Ontario Building Code. A tiny home shall be
considered a single detached dwelling, unless it is on wheels, in which case it shall be
considered a mobile home.
-, Triplex shall mean a building that is divided horizontally into three dwelling units.
- Unit shall mean one or more rooms designed as a housekeeping unit, used or intended
to be used as a domicile by one or more persons and in which separate cooking, eating,
living, sleeping, and sanitary facilities are provided for the exclusive use of the
occupants, with a private entrance from outside the building or from a common hallway
or stairway inside the building.
Easement shall mean the legal right acquired by contract to pass over, along, upon or under the
lands of another.
Educational Institution shall mean the use of land, buildings or structures for an elementary or
secondary school, private school, university or community college authorized by the Province of
Ontario.
Erect shall mean build, construct, reconstruct, remove or relocate and shall include any
preliminary physical operations such as cutting, grading, excavating, filling or draining, or any
altering of an existing building by an addition, extension, or other structural change, or any work
which requires a building permit.
Erected and Erection shall have corresponding meanings.
Established Building Line shall mean the average setback from the street line of existing
buildings on one side of a continuous 50 m [164 ft] strip of land where three (3) or more of the
lots having street frontage upon the said side of the street have been built upon.
Established Grade shall mean the average elevation of the finished level of the ground adjoining
all of the walls of the building or structure exclusive of any artificial embankments or berms.
Existing shall mean existing as of June 28, 2011.
Extractive Industrial Use shall mean the use of land for the extraction of mineral aggregate
including sand, gravel, shale, clay, and bedrock suitable for the production of crushed stone,
building stone, cement products, and other similar materials.
Fence shall mean a structure which forms a barrier for enclosing, bounding, delineating or
protecting land. If the elevation of the land impacts the height of the fence from one side to the
other, than the average fence height taken from the base to the top of the fence on either side
of the fence will be used as the fence height.
Township of McGarry Zoning By-law
SECTION 3
DEFINITIONS
As Adopted
April 9, 2024
13
By-law No. 2024-17
Illustration Fence Height
Financial Establishment shall mean a building, or part thereof, which is used to provide for
financial services in which money is deposited, kept, lent, or exchanged, including accessory
clerical functions and shall include a bank, trust company, credit union or other similar banking
service.
Fish Habitat shall mean the spawning grounds and nursery, rearing, food supply, and migration
areas which fish depend directly or indirectly in order to carry out their life processes.
Flood Line shall mean a line established by a one in one hundred (1:100) year storm which is
determined by flood plain mapping.
Flood Plain shall mean the area below the flood line.
Flood Proofed shall mean the measures taken to ensure that a building or structure is safe from
the effects of flooding.
Floor Area shall mean:
a)
for a dwelling or dwelling unit, the total area of the storeys contained within the outside
walls of the dwelling or dwelling unit exclusive of garage, carport, sunroom, veranda,
porch, unfinished attic, unfinished basement, or unfinished cellar;
b)
for a building other than a dwelling, the total area of all the floors contained within the
outside walls of the building.
In all cases, only that floor area having a clear height to the ceiling of at least 2.2 m shall be
calculated for floor area purposes.
Forestry Use shall mean the general raising, management and harvesting of wood and, without
limiting the generality of the foregoing, shall include the raising and cutting of fuel wood,
pulpwood, lumber, Christmas trees, other forestry products and silva culture practices.
Township of McGarry Zoning By-law
SECTION 3
DEFINITIONS
As Adopted
April 9, 2024
14
By-law No. 2024-17
Fuel Depot shall mean land, buildings or structures used for the bulk storage, distribution and
sale of gasoline, propane, heating oil or motor oil.
Funeral Home shall mean a building or part of a building wherein undertaking services are
offered and may include subsidiary activities such as the sale of caskets and funeral accessories,
a chapel or parlour provided such activities are clearly secondary and incidental to the main
undertaking service.
Garage shall mean a structure for the storage of vehicles and other items.
-,Commercial shall mean a building, structure, or lot where all activities of an
automobile service station may take place, where major repairs of motor vehicles may
be performed, and where commercial motor vehicles may be stored. As an accessory
use, the sale of motor vehicles may also be permitted. Such repairs may include all
mechanical repairs as well as body work but shall not include the dismantling of motor
vehicles for scrap or the storage of motor vehicles awaiting scrapping.
-, Parking shall mean an enclosed structure used for the temporary parking of more than
four vehicles and available for public use either free, for compensation, or as an
accommodation to customers.
-, Portable shall mean a prefabricated structure usually constructed with a metal, wood,
or plastic frame and covered with a tarpaulin or other similar type of fabric or plastic
cover, used primarily for the storage of a vehicle and other items.
-, Private shall mean an accessory building or part of a residential building which is fully
enclosed and used for the storage of motor vehicles and household equipment
incidental to the residential occupancy.
Gasoline Bar shall mean one (1) or more pump islands, each consisting of one or more gasoline
pumps, and a shelter which shall be used for the sale of any product other than liquids and small
accessory required for the operation of motor vehicles.
Golf Course shall mean a public or private area operated for the purpose of playing golf and
includes par 3 golf course, but does not include a driving range, a miniature golf course, or
similar use.
Greenhouse shall mean a building used for the growing of flowers, plants, shrubs, trees, and
similar vegetation which are not necessarily transplanted outdoors on the same lot containing
such greenhouse.
Group Home shall mean residential accommodation in a detached dwelling in which up to ten
persons (excluding supervisory staff) live under responsible supervision consistent with the
particular requirements of its residents which includes support functions for daily living.
Township of McGarry Zoning By-law
SECTION 3
DEFINITIONS
As Adopted
April 9, 2024
15
By-law No. 2024-17
Habitable Room shall mean a room commonly used for cooking, living, dining, or sleeping
purposes, and shall include an enclosed sunroom but shall not include any garage, carport,
verandah, unfinished attic, unfinished basement, or unfinished cellar.
Hazardous Lands shall mean a property or lands that could be unsafe for development due to
naturally occurring processes. Along the shorelines of waterbodies or watercourses, this means
the land, including that covered by water, up to the limit of the flooding hazard or erosion
hazard or dynamic beach hazard limits.
Height of a building shall mean the vertical distance measured between the established grade
and:
a)
the highest point of the roof surface of a flat roof; or
b)
the average level between eaves and ridge of any other type of roof.
Illustration of height of a building
High Water Mark shall mean the mark made by the action of water under natural conditions on
the shore or bank of a waterbody which action has been so common and usual and so long
continued that it has created a difference between the character of the vegetation or soil on
one side of the mark and the character of the vegetation or soil on the other side of the mark.
Highway shall mean a public thoroughfare intended for vehicular use by the general public.
Hobby Farm shall mean a residence and barns, sheds, pens, and accessory buildings which are
used for the persons residing at the residence and not for commercial agricultural purposes.
Home Industry shall mean the gainful occupation conducted in whole or in part of the dwelling
or in whole or part of an accessory building by the residents and includes uses such as an animal
hospital, or an electrical, woodworking, welding, plumbing, or sheet metal machine.
Township of McGarry Zoning By-law
SECTION 3
DEFINITIONS
As Adopted
April 9, 2024
16
By-law No. 2024-17
Home Occupation shall mean any occupation for gain or profit as an accessory use to a dwelling
unit by one or more of the residents residing therein and may include a service or repair shop, a
personal service shop, the office of a doctor, dentist, lawyer, or a real estate agent, insurance
agent, planner, architect, or engineer, or similar occupation but a clinic, hospital, a nursing
home, a tea room and an animal hospital shall not be deemed to be home occupations.
Hospital shall mean any institution, building, or other premises established for the treatment of
persons afflicted with or suffering from sickness, disease or injury, for the treatment of
convalescent or chronically ill persons.
Hotel/Motel/Hostel shall mean a building or part of a building or a group of buildings used
primarily for the purpose of providing overnight guest room accommodation to the travelling
public, with or without accessory restaurants, dining rooms or refreshment rooms, and includes
any establishment containing guest rooms.
Industrial Use shall mean the use of land, buildings, or structures for the manufacturing,
processing, fabricating or assembly or raw materials or goods, warehousing or bulk storage of
goods and related accessory uses, and shall include a cannabis processing facility.
Industrial Use, Light shall mean an industrial use engaged in, or used for:
a)
Producing apparel and finished textile products, other than the production of synthetic
fibers;
b)
Warehousing or storing of goods or materials indoors;
c)
Printing, duplicating or bookbinding;
d)
Manufacturing finished paper and allied products other than processing wood pulp;
e)
Producing cosmetics, drugs and other pharmaceutical supplies;
f)
Manufacturing finished lumber products, light metal products, light machinery,
computer software, electronic products, finished plastic ware, porcelain, earthenware,
glassware or similar articles including, without limiting the generality of the foregoing,
furniture, housewares, monument, toys, musical instruments, jewellery, watches,
precision instruments, filters, radios and electronic components, but does not include a
tannery or any industrial use accessory to an extractive use; or
g)
Research laboratories
Institutional Use shall mean a building, structure, or lot used by an organized body, religious
group or society for a non-profit, non-commercial purpose. This definition may include a library,
school, college, university, convent, monastery, or similar use.
Kennel shall mean a building or structure where animals are kept.
Township of McGarry Zoning By-law
SECTION 3
DEFINITIONS
As Adopted
April 9, 2024
17
By-law No. 2024-17
-, Boarding shall mean a place where animals are kept, and operated as a commercial
business or by the Humane Society as a service to the community, but does not include
a Veterinary Clinic. The boarding kennel facility shall be constructed so that animals may
be retained indoors between the hours of 8:00 p.m. through 8:00 a.m.
-, Breeding shall mean any building, structure, dog run, or other facility, or part thereof
where animals are kept for the purposes of reproduction, and the use of or sale of the
offspring.
Landfill Site shall mean any land approved by the Province upon, into or which waste may be
deposited or processed.
Landscape Open Space shall mean open space comprised of lawn, natural or ornamental shrubs,
flowers, and trees and may include space occupied by paths, walks, courts, patios, and pools,
but shall not include parking areas, loading spaces, traffic aisles, driveways, or ramps for
vehicles, or any open space beneath or within a building or structure.
Land shall mean any ground, soil, or earth whatsoever regarded as the subject of ownership and
everything annexed to it whether by nature (such as trees, water) or by man (such as buildings,
fences).
Lane shall mean:
a)
a subsidiary thoroughfare providing access from within a lot, principally from parking or
loading spaces to a public street; or
b)
a subsidiary public thoroughfare for the sole use of pedestrians and connecting public
streets, open space, or public buildings.
Livestock Facility shall mean one or more barns or permanent structures with livestock-occupied
portions, intended for keeping or housing or livestock. A livestock facility also includes all
manure or material storage and anaerobic digesters.
Loading Space shall mean a space or bay located on a lot which is used or intended to be used
for the temporary parking of any commercial vehicle while loading or unloading goods,
merchandise, or materials used in connection with the use of the lot or any building thereon.
Long Term Care Home shall mean a "long term care home" as defined in the Long-Term Care
Homes Act, 2007, and its successors.
Lot shall mean a parcel or tract of land which is capable of being legally conveyed in accordance
with the provisions of the Planning Act.
-, Corner shall mean a lot situated at the intersection of two streets having an angle of
intersection of not more than one hundred and thirty-five degrees (135°).
-, Interior shall mean a lot situated between adjacent lots and having access to one
street.
Township of McGarry Zoning By-law
SECTION 3
DEFINITIONS
As Adopted
April 9, 2024
18
By-law No. 2024-17
-, Through shall mean a lot (bounded on two opposite sides by streets) having street
frontage on two parallel or approximately parallel streets.
-, Water shall mean a lot which abuts a shoreline but has no street line. Access is
granted by a navigable water body or watercourse. Notwithstanding any other
provisions of this By-law, a water lot does not require frontage on an improved street.
Lot Area shall mean the total horizontal area within the lot lines of a lot, excluding the horizontal
area of any flood plain or marsh located on such lot.
Lot Coverage shall mean the percentage of lot area covered by the ground floor area of all
buildings located thereon.
Lot Frontage shall mean the width of a lot measured between the intersection of the side lot
lines with a line back from and parallel to the front lot line, at a distance equal to the minimum
required front yard depth.
Lot Line shall mean any boundary of a lot or the vertical projection thereof.
-, Front shall mean, in the case of an interior lot, the lot line that divides a lot from the
street. In the case of a lot fronting onto two or more streets, the shorter lot line that
abuts a street shall be deemed to be the front lot line, in the case of a corner lot or
through lot having lot lines of equal length abutting both streets, either line may be
deemed to be the front lot line, and in the case of a waterfront lot, the shoreline shall
be deemed to be the front lot line.
-, Rear shall mean, in the case of a lot having four (4) or more lot lines, the lot line
furthest from and opposite the front lot line. If the lot has less than four (4) lot lines,
there shall be deemed to be no rear lot line.
-, Side shall mean any lot lines other than the front lot line and the rear lot line. In the
case of a corner lot, an exterior side lot line shall be the lot line that abuts the street
which is not the front lot line, and an interior side lot line shall be the lot line that abuts
another lot.
Main Wall shall mean the exterior front, side, or rear wall of a building, and all structural
members essential to the support of a fully enclosed space or a roof.
Manufacturing Industry shall mean an establishment primarily engaged in the fabricating,
processing, finishing, refinishing, assembly, or similar production of various articles and
commodities, and includes custom workshops, factories, mills, industrial shops, and similar
production facilities. This definition shall include cannabis processing facilities.
Marina shall mean a building or structure on a waterfront with or without docking facilities
where boats and boat accessories are berthed, constructed, stored, serviced, repaired or kept
for sale or rent and where the facilities for the sale of marine fuels, marine equipment,
Township of McGarry Zoning By-law
SECTION 3
DEFINITIONS
As Adopted
April 9, 2024
19
By-law No. 2024-17
lubricants, bait as well as the sale of foods, provisions or supplies as an accessory use may be
provided.
Marine Facility shall mean a non-commercial building or structure which is used to moor, berth,
or store a boat. This definition may include a boat launching ramp, a boat lift, marine railway,
dock or boathouse, but does not include any building used for human habitation or a marina. A
marine facility shall also include a water intake facility and any flood or erosion control
structure. No part of a marine facility may be used as a dwelling unit.
Medical/Dental Office shall mean a building or part of a building wherein health services are
provided to the public in the form of a medical, paramedical, dental, surgical, physiotherapeutic,
or other human health services include associated technician and laboratory facilities, and may
also include an incidental pharmaceutical outlet for the sale of prescription and therapeutic
drugs and medication and other drug store products normally sold in a pharmaceutical outlet,
and optical equipment.
Medical Practitioner shall mean a doctor, dentist, chiropractor, chiropodist, optometrist, oculist,
but shall not include a veterinarian.
Mine Hazard shall mean any feature on a mine as defined under the Mining Act or any related
disturbance of the ground that has not been rehabilitated.
Mineral Aggregate Operation shall mean:
a)
Lands under license or permit, other than for wayside pits and quarries, issued in
accordance with the Aggregate Resources Act, or successors thereto;
b)
Associated facilities used in extraction, transport, beneficiation, processing or recycling
of mineral aggregate resources and derived products such as asphalt and concrete, or
the production of secondary related products.
Mineral Deposit shall mean areas of identified minerals that have sufficient quantity and quality
based on specific geological evidence to warrant present and future extraction.
Mineral Mining Operation shall mean a mining operation and associated facilities, or, a past
producing mine with remaining mineral development potential that has not been permanently
rehabilitated to another use.
Mobile Home Park shall mean a lot under single management which has been planned, divided
into mobile home sites, improved, and provided with a communal water and sewer service
approved by the Ministry of the Environment, Conservation and Parks (MECP) for the placement
of mobile homes as a permanent residential use.
Mobile Home Site shall mean the space for the placement of one mobile home and for the
exclusive use of its occupants.
Motel: see "Hotel".
Township of McGarry Zoning By-law
SECTION 3
DEFINITIONS
As Adopted
April 9, 2024
20
By-law No. 2024-17
Motor Home: see "Recreational Vehicle".
Motor Inn: see "Hotel".
Municipality shall mean the Corporation of the Township of McGarry.
Net Leasable Floor Area shall mean the total floor area of a building designed for tenant
occupancy and exclusive use, including basements, mezzanines, upper floors, and other floors,
as measured from the centreline of shared partitions and from the interior face of the exterior
walls of the building. Excluded are common mall areas and other common areas not designed
or occupied by tenants or sales areas.
Non-Complying shall mean a lot, building, or structure which, on the date of the final passing of
this By-law, did not comply with one or more of the zone provisions of the zone in which such
lot, building or structure is located.
Non-Conforming shall mean a use, building, or structure which, on the date of the final passing
of this By-law, was not a permitted use in the zone where such use, building, or structure is
located.
Noxious Use shall mean any use which is offensive or dangerous by reason of the emission of
odour, smoke, dust, noise, gas, fumes, vibration, or refuse matter.
Nursery shall mean a building, structure, or lot used for the growing of sod, flowers, bushes,
trees, or other gardening, landscaping, or orchard stock for wholesale or retail sale.
Occupancy Permit shall mean a permit issued by the Clerk or their appointee which indicates
that the proposed use of land or any building or structure on any such land is in conformity with
this By-law.
Office shall mean a building or part of a building used or intended to be used in the performance
and transaction of business including administrative and clerical activities as well as professional
offices but not including the use of manual labour.
Open Space shall mean any portion of a lot which is unoccupied by buildings or structures above
ground level and is open to the sky and shall include Landscaped Open Space.
Open Storage shall mean the storage of goods, merchandise, or equipment outside of a building
or structure on a lot or portion thereof, including such uses as automobile and trailer sales lots,
building materials supply yards but does not include the outdoor display of a limited number of
samples of the goods, merchandise or equipment for the purpose of sales and advertisement, or
the storage of vehicles or equipment for sale or repair. This definition shall not include the open
storage of goods or equipment incidental to the residential occupancy of a lot.
Outdoor Display shall mean an area outside of a building or structure, used in conjunction with a
business located within the building or structure on the same property, for the display of sales
or seasonal produce may include garden supplies and Christmas trees, new merchandise or the
supply of services.
Township of McGarry Zoning By-law
SECTION 3
DEFINITIONS
As Adopted
April 9, 2024
21
By-law No. 2024-17
Outdoor Furnace shall mean an appliance located outside of any building or structure, which it is
intended to heat by combustion.
Park shall mean an area of land consisting largely of open space which may include a
recreational area, playground, playfield, tennis courts, lawn bowling greens, outdoor skating
rinks, athletic fields, picnic areas, swimming pools, snow skiing, or similar use.
-, Public shall mean a park owned and maintained by the Township or other public
authority.
-, Private shall mean a park other than a public park.
Parking Area shall mean an area or structure other than a street used or intended to be used for
the temporary storage of motor vehicles and includes a private garage or carport, aisles,
driveways, and parking spaces.
Parking Lot shall mean any parking area or structure other than a parking area accessory to a
permitted use on the same lot, used for the temporary storage of parking of motor vehicles for
hire and gain but does not include the sale of new or used vehicles or the storing of impounded
or wrecked vehicles.
Person shall include an individual, an association, a chartered organization, a firm, a partnership,
or a corporation, and agent or trustee, and the heirs, executors, or other legal representatives of
a person to whom the context can apply according to law.
Personal Service Establishment shall mean a business which is associated with the grooming or
health of persons or the maintenance or repair of personal wardrobe articles and accessories,
and may include a barber shop, beauty parlour, dressmaking shop, tailor shop, shoe repair shop,
photographic studio, or similar use.
Pit shall mean a place where unsolicited gravel, stone, sand, earth, clay, fill, mineral or other
material is being or has been removed by means of open excavation and includes the processing
thereof for commercial purposes including screening, sorting, wading, crushing, and other
similar operations together with required buildings and structures, but does not include a
wayside pit.
Place of Assembly shall mean a place where facilities are provided for such purposes as
meetings for civic, educational, political or social purposes, and without limiting the generality of
the foregoing, may include such facilities as a banquet hall or private club, but shall not include a
place of worship or community centre.
Place of Entertainment shall mean a motion picture or other theatre, arena, auditorium, public
hall, billiard or pool room, bowling alley, ice or roller skating rink, dance hall, music hall, bingo
halls, amusement arcades, but does not include any place of entertainment or amusement
otherwise defined or classified herein.
Township of McGarry Zoning By-law
SECTION 3
DEFINITIONS
As Adopted
April 9, 2024
22
By-law No. 2024-17
Plant Materials shall include all indigenous species of grass, flowers, trees, shrubs, and other
natural vegetation.
Planting Strip shall mean an area which shall be used for no purpose other than planting and
maintaining a row of trees or a continuous unpierced hedgerow of evergreens or shrubs,
immediately adjacent to the lot line or portion thereof along which such planting strip is
required herein. The remainder of such planting strip shall be used for no purpose other than
planting and maintaining shrubs, flowers, grass, or similar vegetation.
Portable Asphalt/Concrete Plan shall mean in the case of a portable asphalt plant a facility with
equipment designed to mix or heat and dry aggregate and to mix aggregate with bituminous
asphalt to produce concrete or asphalt paving materials, or in the case of a portable concrete
plant equipment designed to mix cementing materials, aggregate, water and admixtures to
produce concrete. Both uses may include stockpiling and storage of bulk materials used in the
process. Either use shall not be of permanent construction but are designed to be dismantled
and moved to another location as required.
Private Swimming Pool shall mean any body of water, permanently located outdoors on
privately owned property, contained by artificial means, and used and maintained for the
purpose of swimming, wading, diving, or bathing.
Professional Office shall mean any office where professionally qualified persons, technical
assistants, and clerical staff are engaged and where clients or patients go for advice,
consultation, or treatment, but shall not include a Clinic.
Public Authority shall mean the Township of McGarry and any Boards or Commissions thereof,
the Bell Telephone Company of Canada, any company supplying natural gas to the Community,
Ontario Hydro, or other utility, and any Department of the Government of Ontario and Canada,
or other similarly recognized agencies.
Public Use shall mean a building, structure, or lot used for public services by the Township or
any Boards or Commissions thereof and any Ministry or Commission of the Governments of
Ontario and Canada, any telephone or railway company or similarly recognized agencies.
Quarry shall mean a place where unconsolidated rock has been or is being removed by means of
an open excavation and includes the processing thereof for commercial purposes including
screening, sorting, washing, crushing and other similar operations, required buildings and
structures, but does not include a wayside quarry.
Recreational Facility shall mean any building or structure or specific area planned for, used for,
or related to intensive recreational activities and shall include arenas, campgrounds, picnic
areas, beaches, change rooms, outdoor shelters, playground areas and equipment, hiking trails,
and the like.
Recreational Vehicle shall mean any vehicle so constructed that it is no wider than 2.5 m and is
suitable for being attached to a motor vehicle for the purpose of being drawn or is self-
propelled, and is capable of being used on a short term recreational basis for sleeping, and
Township of McGarry Zoning By-law
SECTION 3
DEFINITIONS
As Adopted
April 9, 2024
23
By-law No. 2024-17
eating accommodation of persons. The term "Recreational Vehicles" includes the following:
motor homes, travel trailers, tent trailers, campers.
Recycling Depot shall mean a special waste management facility which serves as a temporary
storage site for clean materials such as glass, paper, cardboard, plastic, metal, and other similar
products which will be transferred to another location for reuse. This definition does not include
any other type of waste management system.
Restaurant shall mean a building or structure or part thereof where food is prepared and
offered for sale to the public for consumption within the premises. However, limited facilities
may be permitted to provide for a take-out food function provided such facility is clearly
secondary to the primary restaurant use. A restaurant may also include the licensed sale and
consumption of alcoholic beverages.
Restaurant Cart shall mean a building or trailer, that may be mobile or stationary, used on a
seasonal basis for the preparation and cooking of a limited selection of meals and the sale of
such food and refreshments to the public for consumption on a patio, outdoor seating area, or
for consumption off the premises.
Retail Convenience Store shall mean a building or part of a building used primarily for the sale of
grocery and confectionary items and incidentally for the sale of other merchandise as is required
to fulfil the day to day needs of a surrounding residential area.
Retail Store shall mean a building or part of a building wherein merchandise is offered or kept
for retail sale upon the premises but does not include any establishment otherwise defined or
classified within this By-law. Storage of limited quantities of such merchandise, sufficient only to
service such store and the servicing of such merchandise may be permitted in a retail store as
ancillary uses, provided such uses are clearly necessary and secondary to the main retailing
function of the store. Retail store shall include a cannabis retail store.
Retirement Home shall mean a residence providing accommodation primarily for retired
persons or couples where each private bedroom or living unit has a separate private bathroom
and separate entrance from a common hall but where common facilities for the preparation and
consumption of food are provided and common lounges, recreation rooms and medical care
facilities may also be provided. Such a facility shall be for adults who are capable of living
independently without nursing care.
Right-of-Way shall mean an area of land acquired for or devoted to the provisions of a road.
Salvage Yard shall mean a place where used goods, wares, merchandise, articles, motor vehicles,
machinery or parts thereof are processed or sold for further use, dismantled or abandoned. This
definition may include a junk yard, a scrap metal yard, a recycling depot and an automobile
wrecking yard on the premises.
Satellite Dish shall mean a structure designed and used for the reception of television signals
related back to earth from a communications satellite.
Township of McGarry Zoning By-law
SECTION 3
DEFINITIONS
As Adopted
April 9, 2024
24
By-law No. 2024-17
Sawmill shall mean a place where timber is cut or sawed, either to finished lumber or as an
intermediary step.
Sauna shall mean an accessory building or structure wherein facilities are provided for the
purpose of inducing perspiration and may include a change room and shower and may be
constructed as part of a boat house.
School shall mean a school under the jurisdiction of a Board as defined in the Education Act.
Self-storage Facility shall mean lands and buildings used, rented, or leased to persons for the
storage of household and personal items, including recreation vehicles and automobiles, within
separate units forming part of a wholly enclosed building.
Sensitive Land Use shall mean buildings, amenity areas, or outdoor spaces where routine or
normal activities occurring at reasonably expected times would experience one or more adverse
effects from contaminant discharges generated by a nearby major facility. Sensitive land uses
may be a part of the natural or built-up environment. Examples of sensitive land uses may
include residences, education or health facilities.
Service Outlet shall mean a building or part of a building whether in conjunction with a retail
store or not, used for the repair or servicing of goods, commodities, articles, or materials, but
not the manufacturing thereof.
Setback shall mean:
a)
with reference to a water body for which no floodplain mapping is available, the
distance between the high water mark and nearest building line.
Sewage Disposal Site shall mean a site which is licensed or approved by the MECP and/or its
agents for the use as a disposal site for sewage and includes a sewage treatment plant, sewage
lagoon, or sludge disposal area.
Sewage Disposal System shall mean a system of underground conduits, owned and operated
either by the Township or by the MECP, which carries sewage to a sewage treatment facility.
Shipping Container shall mean any container that is used for the transport of goods by means of
rail, truck, or cargo ship. Generally, these containers are rectangular in shape and made of
metal.
Shopping Centre shall mean a group of commercial and service establishments or uses, related
in size and type primarily to the special commodity needs of the community and designed,
developed, and managed as a unit whether by a single owner, a group of Owners, or tenants
acting in collaboration having the required off street parking and loading facilities provided on
site.
Shoreline shall mean a lot line or portion thereof which abuts or parallels the high water mark of
a water body or watercourse.
Township of McGarry Zoning By-law
SECTION 3
DEFINITIONS
As Adopted
April 9, 2024
25
By-law No. 2024-17
Shoreline Structure shall mean a boat house, a boat port, a float plane hangar, a sauna or steam
bath, a dock or wharf, a gazebo, a utility or storage shed or a viewing deck.
Short Term Rental shall mean a dwelling unit that, in whole or in part, is rented or available for
gain or profit for a period of 30 consecutive days or less, but does not include a hotel, motel,
boarding house, or bed and breakfast.
Sight Triangle shall mean the triangular space formed by the street lines of a corner lot and a
line drawn from a point in one street line to a point in the other street line. Where the two
street lines do not intersect at a point, the point of intersection of the street lines shall be
deemed to be the intersection of the projection of the street lines or the intersection of the
tangents to the street lines.
Sign, Legal shall mean a name, identification, description, device, display, or illustration which is
affixed to or represented directly or indirectly upon a building, structure, or lot which directs
attention to an object, product, place, activity, person, institute, organization, or business and
which does not contravene any By-law of the Township or any Regulation of the Government of
Ontario or Canada.
Sleep Cabin shall mean an accessory building or structure, located on the same lot as the
principal building or structure, the accessory use being for sleeping accommodation in which
cooking facilities shall not be provided but may contain sanitary facilities.
Solar Power Installations
-, Accessory shall mean systems designed to capture the sun's energy and convert it to
electricity. Such systems may be tied to the electrical grid, however they are clearly
secondary and subordinate in nature to the main use on the property.
-, Commercial shall mean systems designed to capture the sun's energy for the sole
purpose of selling power back to the electrical grid. This definition does not include
those installations which have received a Renewable Energy Approval.
Storey shall mean that portion of a building, other than a cellar, between the surface of any
floor and the surface of the floor next above it, or, if there is no floor above it, that portion
between the surface of such floor and the ceiling above it.
-, First shall mean the lowest storey of a building, wherein the floor is generally at grade
elevation and having its ceiling at least 1.8 m above established grade.
Storm Sewers shall mean a system of underground conduits which carries storm surface waters
and drainage but excludes sewage and polluted industrial wastes.
Street
-
,Public shall mean a public thoroughfare under the jurisdiction of either the Township or the
Province of Ontario
Township of McGarry Zoning By-law
SECTION 3
DEFINITIONS
As Adopted
April 9, 2024
26
By-law No. 2024-17
-
,Private (Road) shall means a private right-of-way over private property which affords access
to at least two (2) abutting lots and which is not maintained by a public authority.
Street Line shall mean the boundary of the right-of-way of the street.
Structure shall mean anything constructed or erected, either permanent or temporary, the use
of which requires location on the ground or attachment to something having location on the
ground and shall include a recreational vehicle and sewage disposal system but does not include
a fence.
Tourist Cabin Establishment shall mean a place providing sleeping accommodation in rental
cabins for the travelling or vacationing public. A tourist cabin may include accessory facilities
which support the use such as, without limiting the generality of the foregoing, administration
offices but shall not include a restaurant that serves the general public.
Tourist Establishment shall mean a place used for the purpose of sleeping accommodation on a
temporary basis by tourists or vacationers, including a hotel, motel, lodge or bed and breakfast,
and rental cottage or cabin where four or more such rental units occupy the same property,
including accessory uses such as dining, meeting and beverage rooms and similar uses.
Transportation Depot shall mean a place where commercial vehicles are kept for hire, rental
and/or lease, or stored and/or parked for remuneration and/or from which such vehicles are
dispatched for hire as common carriers and where such land, structure or building may be used
for the storage and/or distribution of goods, wares, and merchandise.
Use shall mean the purpose for which any land, building, or structure, or any combination
thereof is designed, arranged, occupied, or maintained.
Utility shall mean "a Public Utility" as defined by the Public Utilities Corporation Act and
amendments thereto.
Vehicle shall mean an automobile, boat, commercial motor vehicle, farm implement,
motorcycle, recreational vehicle, snowmobile, or trailer.
Vehicle Sales or Rental Establishment shall mean an establishment having as its main use the
storage of vehicles for sale, rent, or lease. Accessory uses may include facilities for the repair or
maintenance of such vehicles.
Veterinary Establishment shall mean a building or part of a building used by a veterinarian or
veterinary surgeon for treating domestic animals, birds, or other livestock but shall not include a
commercial kennel or research facility.
Warehouse shall mean a building or portion of a building used or intended to be used for the
bulk storage of goods, commodities, wares, merchandise, or materials.
Township of McGarry Zoning By-law
SECTION 3
DEFINITIONS
As Adopted
April 9, 2024
27
By-law No. 2024-17
Waste Disposal
- Site shall mean a location, approved by the MECP, where ashes, garbage, refuse,
domestic waste, industrial waste, or municipal refuse is disposed of or dumped. This
definition shall not include a sewage treatment plant, lagoon, or sludge disposal area.
- Buffer shall mean an area of land around a waste disposal site on which no waste of
any kind shall be deposited which will be used to facilitate noise, dust and odour
control, minimize the spread of litter, mitigate visual impacts and allow for the
attenuation of landfill leachate.
Watercourse shall mean the natural channel for a perennial or intermittent creek, stream or
river.
Waterfront shall mean the lands adjacent to the common boundary of a waterbody or
watercourse with an area of land.
Waterbody shall mean any bay, lake, river, wetland or canal but excluding a drainage or
irrigation channel.
Water Supply shall mean a distribution system of underground piping and related storage,
including pumping and purification appurtenances, operated by the Township and/or the MECP
and/or any public utilities commission for public use.
Water Supply Plant shall mean a building or structure, approved by the MECP, where water is
treated for human consumption.
Wayside Pit or Quarry shall mean a temporary source of consolidated or unconsolidated
aggregate opened by or for a public road authority for the purpose of public road construction.
Wetlands shall mean lands that are seasonally or permanently covered by shallow water as well
as lands where the water table is close to or at the surface. In either case, the presence of
abundant water has caused the formation of hydric soils (soils in which there is an abundance of
moisture) and has favoured the dominance of either hydrophytic or water tolerant plants. The
four major categories of wetlands are swamps, marshes, bogs, and fens.
Wetland Area shall mean a continuous Wetland which may be composed of one or
more Wetland category.
Adjacent Lands shall mean those lands within 120 m of an individual Wetland Area.
Wholesale Establishment shall mean a building or part of a building used or intended to be used
for the bulk storage and sale of quantities of goods, commodities, wares, merchandise, and
materials for resale or business use.
Township of McGarry Zoning By-law
SECTION 3
DEFINITIONS
As Adopted
April 9, 2024
28
By-law No. 2024-17
Wind Turbine/Generating System
-, Accessory shall mean a structure or structures which harness wind energy for the
primary purpose of on-site consumption. Such structures can be tied into the electrical
grid; however, their primary purpose is to provide power to the buildings and uses
located on-site.
-, Commercial shall mean a structure or structures which harness wind energy for the
sole purpose of selling it back to the electrical grid for off-site consumption. This
definition does not include those installations which have received a Renewable Energy
Approval.
Yard shall mean an open uncovered space appurtenant to a building or structure.
-, Front shall mean the space extending across the full width of a lot between the front
lot line and nearest part of any main building or structure on the lot.
-, Minimum shall mean the space measured from the lot line, the minimum depth of
which is regulated by the provisions of this By-law.
-, Rear shall mean the space extending across the full width of a lot between the rear lot
line and the nearest part of any main building or structure on the lot.
-, Side shall mean the space extending from the front yard to the rear yard between the
side lot line and the nearest part of any main building or structure on the lot.
Exterior Side Yard shall mean a side yard immediately adjacent to a street.
Interior Side Yard shall mean a side yard other than an exterior side yard.
-, Required shall mean that part of a yard which is located adjacent to a lot line, has the
minimum yard depth required herein, and does not contain any buildings, structures, or
parking areas except where specifically permitted herein.
Township of McGarry Zoning By-law
SECTION 3
DEFINITIONS
As Adopted
April 9, 2024
29
By-law No. 2024-17
Illustration of yards and required yards
Yurt shall mean a temporary shelter made of canvas, nylon or other such material, including
associated poles, pegs and ropes, that may be disassembled and easily moved, and that is not
permanently affixed to the site but shall not include a recreational vehicle or any other structure
otherwise defined or classified in this By-law.
Zone shall mean:
a)
a land use category as defined and regulated in this By-law; or
b)
a designated area of land use shown on the Schedule of this By-law.
Zoning Administrator shall mean the officer or employee of the Township charged with the duty
of enforcing the provisions of this By-law.
As Adopted
April 9, 2024
30
By-law No. 2024-17
SECTION 4 GENERAL PROVISIONS
4.1
Accessory Uses
Accessory uses, buildings, or structures shall be permitted in any zone in accordance with the
following provisions and any additional provisions included elsewhere in this By-law:
a)
All accessory uses, buildings, and structures to a permitted main use shall be located on
the same lot
b)
Where this By-law permits an accessory use, such use shall only be permitted provided
the main use is already in existence on the lot except:
(i)
An accessory private garage is permitted on a separate lot in the Urban Area
provided that:
a. a parking space is provided on the lot with the primary residential use
b. The lot with the accessory garage shall not be used for commercial purposes
unless it is zoned for commercial purposes
c. A maximum of one (1) commercial vehicle is permitted on the lot with the
garage for parking purposes
d. The landowner shall enter into an agreement with the Township that the lot
with the garage separate from the main use shall be sold with the lot with
the primary dwelling, or to an abutting property within 100 metres that the
lot is servicing.
(ii)
Where it is necessary for the storage or tools and materials in connection with
the construction of the main use, building, or structure.
c)
The use of any accessory building or structure for human habitation is not permitted
except where specified in this By-law;
d)
No accessory building or structure shall be erected closer to the front lot line or the
exterior side lot line than the minimum front yard and external side yard setbacks
required for the main building. This provision shall be exempted:
(i)
For lots with water frontage;
(ii)
For a partially enclosed shelter not exceeding 2.32 m² for use by individuals
waiting for a school bus on lots equal to or greater than 0.4 ha;
(iii)
For a gatehouse required to provide security to a premises or property;
(iv)
For detached garages and storage buildings and structures where the main
building on the lot is setback twice the required front yard or exterior side yard
setback (rural area zones only); and
(v)
For mineral mining operations and mineral aggregate operations.
Township of McGarry Zoning By-law
SECTION 4
GENERAL PROVISIONS
As Adopted
April 9, 2024
31
By-law No. 2024-17
e)
Any building or structure which is attached to the main building shall not be considered
an accessory building or structure;
f)
Except where specified otherwise, no accessory building or structure shall be erected
less than 1 m to any interior side lot line or rear lot line except for common semi-
detached garages which may be centered on a mutual side lot line. No accessory
building or structure shall be located less than 1 m from a main building or other
accessory buildings or structures located on the same lot or on an adjacent lot.
4.1.1
Additional Residential Units
a)
Where these are permitted, they are subject to the following provisions:
(i)
One additional residential unit is permitted in a single detached dwelling unit,
semi-detached dwelling unit, or rowhouse dwelling unit, and one accessory
dwelling unit is permitted in a building or structure accessory to the
aforementioned units;
(ii)
The additional residential unit is designed and located in a manner to not have
an impact on the streetscape or character of the surrounding neighbourhood;
(iii)
Additional residential units shall be subject to the corresponding zone
provisions if located in the principal structure;
(iv)
Additional residential units in an accessory structure shall be subject to the
general provisions for accessory uses;
(v)
An additional residential unit is permitted on private services, provided it can be
demonstrated that the private sewage disposal system and well can
accommodate the change in use; and
(vi)
Additional residential units are prohibited from being severed from the lot
containing the principal dwelling unit.
4.1.2
Boat Houses and Shoreline Structures
a)
Despite 4.1(d), a boat house, pump house, boat port, float plane hangar, dock or wharf
may be located in the yard located between the shoreline and the main building where
a lot abuts a navigable watercourse or water body, provided that the approval of any
government authority having jurisdiction has been obtained and provided that the boat
house, pump house, boat port, float plane hangar, dock or wharf is located not closer
than 3 m to the nearest adjacent lot line and does not encroach on the frontage of
adjacent lots when the lot boundaries are extended into the water.
b)
Despite 4.1(d), a shoreline structure, not including a boat house, pump house, boat port,
float plane hangar, dock or wharf, or public service use, shall be setback a minimum of
15 m from any high water mark or shoreline in any yard adjacent to a waterbody.
Township of McGarry Zoning By-law
SECTION 4
GENERAL PROVISIONS
As Adopted
April 9, 2024
32
By-law No. 2024-17
c)
Where boat houses are permitted, they are subject to the following provisions:
(i)
Such structure shall have a maximum height of 4.8 m;
(ii)
Rooftop decks or patios and screened enclosures (i.e. gazebos) shall be allowed
provided that the total aggregate height of all boat house structures does not
exceed the maximum height limit by more than 6 m.
4.1.3
Garden Suites
a)
Where these uses are permitted, they are subject to the following provisions
(i)
A maximum of one (1) garden suite is permitted per lot.
(ii)
The maximum net floor area is 74 m².
(iii)
Notwithstanding anything in this By-law to the contrary, the maximum height of
the garden suite is 6 m.
(iv)
Notwithstanding anything in this By-law, garden suites must be setback a
minimum of 3 metres from any rear or side lot line.
(v)
Garden suites must maintain a minimum of 1.2 metre setback from the primary
dwelling.
(vi)
The provisions of parking and servicing established in this By-law must be met.
(vii)
Despite the definition of a mobile home in this By-law, a mobile home shall be
permitted as a garden suite where it meets all other requirements of this By-
law.
(viii)
A garden suite shall not be considered a dwelling unit for the purposes of this
By-law and shall not be rented out to the public for gain or profit.
(ix)
A garden suite shall not be erected on a lot where a sleep cabin is located.
4.1.4
Portable Shelters
a)
Portable shelters are permitted, subject to the following provisions:
(i)
A maximum of two (2) portable shelters are permitted on a property
(ii)
Portable shelters must be located a minimum of 1 m from the rear, interior
and/or exterior side property lines;
(iii)
If located in the front yard the portable shelter shall be located a minimum of
5.0 m from the front lot line and not pose any hazards for vehicular movement
or human health and safety; and
Township of McGarry Zoning By-law
SECTION 4
GENERAL PROVISIONS
As Adopted
April 9, 2024
33
By-law No. 2024-17
(iv)
Portable shelters shall only be used for storage purposes.
4.1.5
Private Swimming Pools
a)
Where a private swimming pool (excluding temporary inflatable swimming pools) is
constructed as an accessory use to any principal residential or commercial use, no part
of it shall be located closer than 1.2 metres to any rear or interior side lot line (3.0
metres to exterior side lot line). All pool pumps and filtering equipment shall be in an
enclosed structure.
4.1.6
Recreational and Commercial Vehicles
a)
The parking or storing recreational vehicles in a yard outside of a garage or other
accessory storage building shall be regulated through a Municipal Act By-law.
4.1.7
Shipping Containers
a)
Shipping containers shall be regulated by a Municipal Act By-law.
4.1.8
Temporary Construction Uses Permitted
a) Notwithstanding any other provisions of this By-law, uses such as a shipping container, or
other temporary work camp, a tool shed, scaffold, or other building or structure incidental
to the construction shall be permitted provided that:
(i)
Uses, buildings or structures are used only as long as they are necessary for
work in progress which has neither been finished nor abandoned; and
(ii)
Uses, buildings or structures are removed when the work in connection with
which they were constructed is terminated.
4.1.9
Sleep Cabins
a)
One (1) sleep cabin shall be permitted per lot as an accessory use to a permitted
dwelling in the Lakefront Residential (R4) Zone;
b)
Sleep cabins shall not be considered dwelling units and shall not be rented out to the
public for gain or profit;
c)
A sleep cabin shall not be erected on a lot on which a garden suite is located;
d)
Despite Section 4.1 of this By-law, no sleep cabin shall be erected closer than 3 m to any
interior side lot line or rear lot line. No sleep cabin shall be located less than 3 m from a
main building;
Township of McGarry Zoning By-law
SECTION 4
GENERAL PROVISIONS
As Adopted
April 9, 2024
34
By-law No. 2024-17
e)
Sleep Cabins will be subject to the lot coverage provisions of the zone in which they are
located.
4.2
Automobile Service Stations and Gasoline Bars
Where automobile service stations and gasoline bars are permitted in this By-law, and
notwithstanding any other provisions of this By-law to the contrary, the following provisions
shall apply:
a)
The minimum lot frontage for any interior lot shall be 35 m [114.83 ft] and the minimum
frontage for a corner lot shall be 40 m [131.23 ft] at the exterior side lot line and 35 m
[114.83 ft] at the front lot line;
b)
The minimum distance between any portion of the gasoline pump island and any lot line
shall be 4.5 m [14.76 ft];
c)
Where the lot is a corner lot, no portion of any gasoline pump island shall be located
closer than 3.05 m [10 ft] to a sight triangle;
d)
The width of any entrance or exit driveway or combined entrance or exit driveway
measured at the front lot line or exterior side lot line shall not be greater than 9 m
[29.53 ft] and there shall not be more than two (2) driveways per lot;
e)
The minimum distance between driveways measured along the street line intersected
by such driveways shall be 8 m [26.25 ft];
f)
The minimum distance between a driveway and intersection of street lines, measured
along the street line intersected by such driveway, shall be 9 m [29.53 ft];
g)
The minimum distance between an interior side lot line and any driveway shall be 3 m
[9.84 ft]; and
h)
A minimum of 1 m [3.28 ft] of landscaped open space shall be provided along any lot
line abutting a street, and such landscaped open space shall be continuous, except for
driveways or walkways for accessing the lot.
4.3
Bed and Breakfast Establishments
A bed and breakfast establishment shall be permitted as an accessory use to a permitted single
detached dwelling in any zone subject to the following requirements:
a)
Bed and breakfast establishments are not subject to the home occupation requirements
of Section 4.12 of this By-law;
b)
The operation of a bed and breakfast establishment shall be incidental and secondary to
the main use of the single detached dwelling. The use of the dwelling as a bed and
breakfast establishment shall not change the residential character of the dwelling;
Township of McGarry Zoning By-law
SECTION 4
GENERAL PROVISIONS
As Adopted
April 9, 2024
35
By-law No. 2024-17
c)
The requirements for the provision of off-street parking spaces shall be met in
accordance with Section 5;
d)
The requirements of the local Health Unit, where applicable, shall be met;
e)
One (1) sign may be permitted to advertise the bed and breakfast establishment. Such
sign shall not exceed 1 m² [10.76 ft²] in surface area and shall not be back-lit. The
permitted sign may be a freestanding sign in a front or side yard or may be attached to a
wall of a permitted building or structure. The sign may be illuminated by lights where
the illumination is directed directly onto the sign and does not create a glare on
adjacent properties (see also Section 4.22). Signs may also be subject to any Sign By-law
as may from time to time be enacted by the Township under the Municipal Act;
f)
The bed and breakfast establishment shall only employ or be operated by persons
whose principal residence is the dwelling unit containing the bed and breakfast
establishment;
g)
A breakfast service shall be provided to guests; and
h)
The building in which the bed and breakfast establishment is located shall comply with
all applicable Building Code and Fire Code regulations.
4.4
Buildings to be Moved
A building or structure may be moved within or into the Township of McGarry provided a permit
is first obtained from the Chief Building Official, and the building or structure is a permitted use
and meets all relevant requirements of this By-law.
4.5
Camps (Hunt Camps, Fishing Camps)
a)
Where a camp is to be established as an accessory use to a dwelling on the same lot, the
camp structure shall be separated from all dwellings on the same lot a minimum
distance of 500 m [1,640.4 ft];
b)
Where a camp is to be established as the main use of a lot, the camp shall be separated
a minimum of 300 m [984.25 ft] from dwellings on adjacent lots;
c)
A camp shall not be serviced with electricity from a public utility or running water; and
d)
A camp shall not exceed a maximum gross floor area of 40 m² [430.5 ft].
4.6
Established Building Line in Built-Up Area
Notwithstanding the yard and setback provisions of this By-law to the contrary, where a
permitted building or structure is to be erected on a lot in a the McGarry Urban Settlement Area
Boundary, where there is an established building line extending on both sides of the lot, such
permitted building or structure may be erected closer to the street line than required by this By-
Township of McGarry Zoning By-law
SECTION 4
GENERAL PROVISIONS
As Adopted
April 9, 2024
36
By-law No. 2024-17
law provided such permitted building or structure is not erected closer to the street line than
the established building line. All other provisions of this By-law shall apply.
4.7
Fences
Any fence erected hereafter within the municipality shall conform to the provisions of any Fence
By-law as may from time-to-time be enacted under the Municipal Act, or any provisions for
fences set out in this By-law and as follows:
a)
Notwithstanding any other provision of this by-law to the contrary, a fence may be
constructed on the property line, subject to the agreement of both property owners.
b)
Fences in a residential zone
(i)
The maximum height of a fence in the interior side or rear yard shall be 2 m
[6.56 ft] measured from the average grade;
(ii)
The maximum height of a fence in the front yard or exterior side yard shall be 1
m [3.28 ft] measured from the average grade;
(iii)
No fence shall be erected so as to obstruct a sight triangle;
(iv)
An unpierced hedgerow or other unpierced planting in a front or exterior side
yard shall be deemed to be a fence; and
(v)
The use of barb-wire, spire tips, sharp objects or any device for projecting an
electric current in any fence construction is prohibited.
c)
Fences in a non-residential zone
(i)
The maximum height of a fence in any yard of a non-residential use shall be
limited to 2.5 m [8.2 ft] where the fence is a chain-link fence or other similar
transparent construction material, or 2 m [6.56 ft] for any other materials;
(ii)
No fence shall be erected so as to obstruct a sight triangle; and
(iii)
The use of barb-wire, spire tips, sharp objects or any device for projecting an
electric current in any fence construction is prohibited unless permitted by
regulation by a public authority.
d)
Paragraph (c) shall not apply to fences required for public service uses or
communication facilities.
e)
Where there is a conflict between this By-law and a Fence By-law enacted under the
Municipal Act, the provisions of the Fence By-law shall prevail.
4.8
Flood Plain
Township of McGarry Zoning By-law
SECTION 4
GENERAL PROVISIONS
As Adopted
April 9, 2024
37
By-law No. 2024-17
The following provisions shall apply to areas located below any engineered flood elevation. The flood
elevation of Larder Lake has been identified at 287 m [941.6 ft]. No person shall use any land or erect,
alter or use any building or structure in the flood plain except in accordance with the following
provisions:
a)
Permitted Uses
(i)
Buildings or structures intended for flood or erosion control or slope
stabilization;
(ii)
All buildings and structures in existence on the day of passing of this By-law;
(iii)
A swimming pool as approved by the Ministry of Northern Development, Mines,
Natural Resources and Forestry;
(iv)
Conservation Uses;
(v)
Marine facilities;
(vi)
Parks, not including buildings or structures associated with parks unless
permitted elsewhere in this subsection (Examples: gazebo permitted but not a
storage building);
(vii)
Landscaped open space;
(viii)
Hydro-electric generating facilities, not including the main building of such
facility;
(ix)
Infrastructure incidental to a water supply or wastewater treatment facility such
as a water intake or sewer outfall but not including the main building of such
facility.
b)
Prohibited Uses
Buildings and structures shall not be permitted to locate in hazardous lands where the
use is:
(i)
An institutional use associated with hospitals, day nurseries, continuum-of-care
facilities, retirement homes and schools, where there is a threat to the safe
evacuation of the sick, the elderly, persons with disabilities or the young during
an emergency as a result of flooding, failure of floodproofing measures or
protection works or erosion;
(ii)
An essential emergency service such as that provided by fire, police and
ambulance stations and electrical substations, which would be impaired during
an emergency as a result of flooding, the failure of floodproofing measures
and/or protection works, and/or erosion; and
Township of McGarry Zoning By-law
SECTION 4
GENERAL PROVISIONS
As Adopted
April 9, 2024
38
By-law No. 2024-17
(iii)
Uses associated with the disposal, manufacture, treatment or storage of
hazardous substances.
c)
Additional Provisions
(i)
Any new building or structure or any enlargement of or addition to any buildings
or structures permitted in the flood plain after the day of passing of this By-law
shall incorporate appropriate engineered construction techniques which reduce
or eliminate the risks of flood damage from erosion or unstable slopes.
(ii)
Modification of the flood plain through dumping, filling, excavation or site
grading of land or the diversion or alteration of any watercourse or the
obstruction of the flood capacity by any means is prohibited unless otherwise
permitted and/or approved by the agency having authority.
4.9
Frontage on Roads and Water
No person shall erect any building or structure in any zone unless such lot abuts an a public
street, and unless the lot is provided with access for vehicular traffic, in the form of an
unobstructed driveway or passageway at least 3.0 m in width, from such lot to a public Street
which abuts the said lot. This provision shall not apply to a lot:
a)
on a registered plan of subdivision where an Agreement between the owner of such
subdivision and the Township, including provisions for the construction of the streets
shown on such subdivision, is registered in the Registry Office or Land Titles Office;
b)
that is accessed via water only, with confirmation of secured mainland parking;
c)
buildings and/or structures associated with a mineral aggregate operation, mineral
mining operation or forestry use, which may have access on a public road, private road
or resource access road; or
d)
wayside pit or quarry.
4.10
Height Exceptions
Where height limitations are set forth in this By-law, such limitations shall not apply to the
following uses: air conditioning ducts, antennas, barns, belfries, bridges, bulk storage tanks,
chimneys, church steeples, clock towers, communications towers, corn cribs, electrical supply
facilities, farm implement sheds, flag poles, grain elevators, hose towers, lightning rods, lighting
standards, mechanical equipment penthouses, silos, skylights, ventilators, water tanks, water
towers, and windmills. Notwithstanding the foregoing, limitations prescribed by the Federal
Ministry of Transport or practices recommended by the said Ministry with respect to height
limitations and appropriate lighting in the vicinity of airfields shall prevail.
4.11
Home Industries
Township of McGarry Zoning By-law
SECTION 4
GENERAL PROVISIONS
As Adopted
April 9, 2024
39
By-law No. 2024-17
Where a home industry is a permitted use, the following provisions shall apply:
a)
Only one person residing in the said dwelling, plus two other people who may or may
not reside in the dwelling, may conduct the said household industry;
b)
The home industry shall clearly be secondary to the main residential use.
c)
The residential character of the dwelling unit shall not be changed.
d)
There shall be no advertising other than a plate or sign in accordance with any by-law of
the Township;
e)
There shall be no open storage or outdoor display of materials or equipment.
f)
The household industry shall not create or become a nuisance because of noise, fumes,
dust, odour, and traffic, or otherwise interfere with the enjoyment of the residential
amenities of the neighbourhood.
g)
Such use shall maintain a setback that is a minimum of 15 m from the main building of
the lot.
4.12
Home Occupations
Where a home occupation is a permitted use, the following provisions shall apply:
a)
Only one person residing in the said dwelling, plus one other person who may or may
not reside in the dwelling, may conduct the said household occupation.
b)
The floor area devoted to the said household occupation shall not be more than 25% of
the total floor area of the dwelling.
c)
There shall be no advertising other than an unilluminated plate or sign with a maximum
area of 1 sqm, to indicate to persons outside that any part of the dwelling, dwelling unit
or lot is being used for a purpose other than residential.
d)
The home occupation shall clearly be secondary to the main residential use.
e)
The residential character of the dwelling unit shall not be changed.
f)
The household occupation shall not create or become a public nuisance because of
excessive noise, noxious odours, or emission of smoke, traffic, or parking, or interfere
with television or radio reception or the enjoyment of the residential amenities of the
neighbourhood.
g)
There shall be no open storage or outdoor display of materials or finished products, and
no machinery or instrument shall be used in conducting the household occupation that
is not normally used in a residence or is not compatible with a residential area.
Township of McGarry Zoning By-law
SECTION 4
GENERAL PROVISIONS
As Adopted
April 9, 2024
40
By-law No. 2024-17
4.13
Land Suitability for Use
Notwithstanding anything in this By-law to the contrary, no building or structure that is
habitable, provides overnight accommodation, or is used for commercial, industrial or
institutional purposes, shall be erected, constructed or altered on land which, by reason of its,
rocky, low-lying, marshy, unstable character which is in a flood plain or which is located or may
be located on organic soil or steep slopes unless it can be demonstrated through professionally
acceptable engineering techniques that the physical constraint can be mitigated or overcome
and that the requirements of the Ontario Building Code with respect to construction can be met
(see also Section 4.8).
4.14
Landscaped Open Space/Planting Strip
a)
In any Residential, Commercial, or Industrial Zone, any portion of any front or side yard
which is not used for any other permitted purpose shall be devoted to landscaped open
space;
b)
Any land used for landscaped open space shall be included in the calculations for lot
area requirements as set forth in this By-law;
c)
Where landscaped open space is required as buffering, such landscaping shall be
continuous except for a lane, driveway, aisle, or walkway which provides access to the
lot;
d)
A planting strip may form part of any required landscaped open space; and
e)
The provisions for landscaped open space as set out in this By-law shall not be deemed
to limit the Township's authority to impose other landscaping measures through a site
plan agreement.
4.14.1 A planting strip/vegetative buffer or a fence shall be provided on or near any property line
where a commercial or industrial property abuts upon a residential property or zone. The
vegetative buffer/planting strip or fence shall be provided in accordance with the following
regulations:
a)
Shall maintain a minimum planting strip/vegetative buffer of 3 m [9.8 ft].
b)
A planting strip/vegetative buffer shall be used for no other purpose than a continuous
fence or hedge row of evergreens or shrubs, not less than 1.5 m [4.9 ft] high
immediately adjoining the lot line or portion thereof along which such planting strip is
required herein, provided that no fence or hedgerow shall be required or permitted to a
height in excess of 1 metre closer to a street line than the required yard depth.
c)
In all cases where ingress and egress driveways or walks extend through a planting
strip/vegetative buffer, it shall be permissible to interrupt the strip within 3 m [9.8 ft] of
the edge of such driveway or within one and 1.5 m [4.9 ft] of the edge of such walk.
Township of McGarry Zoning By-law
SECTION 4
GENERAL PROVISIONS
As Adopted
April 9, 2024
41
By-law No. 2024-17
d)
The provisions for planting strips/vegetative buffers as set out in this By-law shall not be
deemed to limit the Township's authority to impose other landscaping measures
through a site plan agreement.
4.15
Lots Divided into More Than One Zone
Where a lot is divided into more than one zone, each such portion of the lot shall be used in
accordance with the provisions of this By-law for the zone where such portion of the lot is
located.
4.16
Minimum Distance Separation
Notwithstanding any other yard or setback provision in this By-law to the contrary, no building
housing livestock or manure handling facility shall be erected unless it complies with the
Minimum Distance Separation (MDS) Formulae as developed by the Ontario Ministry of
Agriculture and Rural Affairs, as amended from time to time.
4.17
Multiple Uses on One Lot
Notwithstanding any other provision of this By-law, where any land, building, or structure is
used for more than one permitted use, all provisions of this By-law shall be complied with for
each use, except in the case of lot area, lot frontage, coverage, and minimum yard requirements
in which case the most restrictive or stringent requirement shall apply.
4.18
Non-Conforming Uses
a)
Nothing in this By-law shall 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 the passing of the By-law, so long as it continues to be used for
that purpose.
b)
This By-law is not intended to apply to prevent the erection or use for a purpose
prohibited by the By-law of any building or structure the plans for which have, prior to the
day of passing of the By-law, been approved by the Chief Building Official or Building
Inspector, so long as the building or structure, when erected, is used and continues to be
used for the purpose for which it was erected.
c)
Nothing in this By-law shall prevent the reconstruction, renovation, repair or
strengthening to a safe condition of any building or structure or part of any such building
or structure which does not comply with the provisions of this By-law.
d)
Where a building has been erected prior to the date of the passing of this By-law on a lot
having less than the minimum frontage and/or area, or having less than the minimum
setback and/or interior side yard and/or exterior side yard and/or rear yard required by
this By-law, the said building may be enlarged, reconstructed, repaired or renovated
provided that:
Township of McGarry Zoning By-law
SECTION 4
GENERAL PROVISIONS
As Adopted
April 9, 2024
42
By-law No. 2024-17
(i)
The enlargement, reconstruction, repair or renovation does not further reduce a
minimum front yard and/or interior or exterior side yard and/or rear yard
provision established in the by-law; and
(ii)
All other applicable provisions of this By-law are complied with.
e)
A lot held as a single lot prior to the passing of this By-law may be used or built upon for
a purpose permitted by the zone, even though said lot is of such size that it cannot
comply with the minimum frontage and/or depth and/or area required by this By-law,
provided that:
(i)
All other provisions of the By-law are met; and
(ii)
In the case of a lot in the Rural (RU) Zone or Lakefront Residential (RL) Zone
having a lesser lot area than is required by this By-law, the lot has a minimum lot
area of 0.5 ha [1.24 ac].
f)
If a non-conforming building or structure is damaged or destroyed, nothing in this By-law
shall prevent such building or structure from being reconstructed, restored or
strengthened to a safe condition, provided the height and size of the building or structure
are not increased, approved food proofing techniques ae used (if required), and provided
that reconstruction is commended within twelve (12) months and completed within two
(2) years from the date on which the damage took place.
g)
Nothing in this By-law shall prevent Council from acquiring or disposing of any land,
building or structure used or erected for a purpose prohibited by the By-law or for the
acquisition or disposition of any vacant land having a frontage or depth less than the
minimum prescribed for the erection of a building or structure in the defined area in
which the land is situated. Nothing in this By-law shall prevent Council from disposing of
any such land, building or structure or prevent Council from exchanging any such land
for any other land within the Township.
h)
A non-conforming use of a lot, building or structure shall not be changed except to a use
which is permissible within such zone, or such other uses as may be approved under
Section 45 of the Planning Act, R.S.O. 1990, Chapter P. 13.
i)
A non-conforming use shall be considered to be terminated once the use ceases and the
property is used for a permitted use.
j)
Portable shelters, recreational vehicles, mobile home sites, and shipping containers are
not subject to the provisions of legal non-conforming uses.
4.19
Non-Complying Uses
a)
Where a legal non-complying building or structure is damaged, destroyed or
demolished, the building or structure may be reconstructed within its original location
provided that:
Township of McGarry Zoning By-law
SECTION 4
GENERAL PROVISIONS
As Adopted
April 9, 2024
43
By-law No. 2024-17
(i)
The situation of non-compliance is not further increased; and
(ii)
All other provisions of the By-law are complied with.
Efforts should be made to have the rebuilding of buildings or structures comply with all
applicable setbacks and yard provisions of the applicable zones.
b)
A legal non-complying building or structure may be enlarged or extended provided the
situation of non-compliance is not further increased and it complies with all other
provisions of the By-law.
4.20
Occupancy Restrictions
Human habitation shall not be permitted in any of the following buildings, structures, vehicles, or parts
thereof unless the building, structure, or parts thereof meet all the requirements of the Fire Code, the
Ontario Building Code and any other applicable regulations, policies or acts:
a)
Any private garage or other building which is accessory to a main use unless permitted
in this By-law;
b)
Any truck, bus, coach or streetcar body, whether or not the same is mounted on wheels;
c)
Any cellar, as defined in this By-law; and
d)
Any dwelling before the main wall and roof have been erected, application of exterior
siding and roofing has been completed, and the kitchen, heating and sanitary
conveniences have been installed.
e)
Any recreational vehicle that is not located in a campground, except:
(i)
In the Rural Zone as a permitted camp and in accordance with the provisions of
the Rural Zone; or
(ii)
In any other location in accordance with any Municipal Act By-law regulating
such use, otherwise such use is prohibited.
4.21
Open Storage
Open Storage shall be restricted to the Industrial (I) and Highway Commercial (HC) Zones in
accordance with the following:
a)
The open storage is accessory to the main use of the lot;
b)
Open storage shall not be permitted within any front yard or any minimum side or rear
yard where such yard abuts lands zoned General Residential (R1), Institutional (I) or
Open Space (OS);
Township of McGarry Zoning By-law
SECTION 4
GENERAL PROVISIONS
As Adopted
April 9, 2024
44
By-law No. 2024-17
c)
Any area of open storage shall be enclosed by a fence, or shall be surrounded by a
planting strip in accordance with Section 4.14.1 of this By-law; and
d)
No open storage area shall occupy any required off-street parking or loading space so as
to reduce the number of parking or loading spaces below the number required by
Section 5 of this By-law.
4.22
Outdoor Illumination
Outdoor Illumination of buildings, structures, grounds, and yards shall be permitted provided
that:
a)
The outdoor illumination does not cause direct or indirect glare on a street that may
interfere with traffic or pedestrian safety;
b)
The outdoor illumination does not consist of a colour or be so designed or located that it
may be confused with traffic signals;
c)
The outdoor illumination does not cause direct or indirect glare on land or buildings in
any zone in which residential uses are permitted.
4.23
Public Uses Permitted
a)
The provisions of this By-law shall not apply to the use of any land or to the erection or
use of any building or structure for the purpose of public utility or service by the
Township and/or any Public Authority, or Ministry of the Government of Ontario or
Canada, including the Hydro One and Ontario Power Generation, or any telephone,
telegraph, broadband or cellular or gas company, provided that where such land,
building or structure is located in any zone:
(i)
no goods, material, or equipment shall be stored in the open except as
permitted in such zone;
(ii)
the lot coverage and yard requirements described for such zones shall be
complied with;
(iii)
parking and loading requirements as contained in this By-law shall be complied
with.
b)
Notwithstanding subsection (a), waste disposal sites shall only be permitted in the
Waste Management Zone.
c)
Nothing in this By-law shall prevent, in any zone, the installation of a watermain,
sanitary sewer, storm sewer, gas main, pipeline or overhead or underground hydro and
telephone line provided that the location of such pipe or line has been approved by the
Corporation.
Township of McGarry Zoning By-law
SECTION 4
GENERAL PROVISIONS
As Adopted
April 9, 2024
45
By-law No. 2024-17
4.24
Short Term Rentals
Short-term rentals are not permitted in the Township.
4.25
Sight Triangles
a)
Notwithstanding any provisions of this By-law to the contrary, within any area defined
as 6.0 m from the point of intersection of the street lines (measured along the street
lines) will be the defined sight triangle, the following uses shall be prohibited:
(i)
a building, structure, or use which would obstruct the vision of drivers of motor
vehicles;
(ii)
a fence or tree, hedge, bush, or other vegetation, other than agricultural crops,
the top of which exceeds 1 m in height above the elevation of the centrelines of
abutting streets;
(iii)
a parking area; and
(iv)
a finished grade which exceeds the elevation of the centrelines of abutting
streets by more than 0.5 m.
Diagram of a Sight Triangle
b)
Railway Crossings and Sight Distances
No obstruction to the vision of motor vehicle operators higher than 1 m [3.28 ft] above
grade including, but not limited to, buildings, structures, parking spaces, storage,
vegetation, or planting strips/vegetative buffers is permitted on any lot abutting an at-
grade intersection of a street or private and:
(i)
A railway track where automatic signal protection is provided within the triangle
Township of McGarry Zoning By-law
SECTION 4
GENERAL PROVISIONS
As Adopted
April 9, 2024
46
By-law No. 2024-17
formed by connecting to a point 3 m [9.84 ft] from the intersection of the
centerline of the street and the centerline of the railway right-of-way; or
(ii)
A railway track where automatic signal protection is not provided within the
triangle formed by connecting to a point 45 m [147.64 ft} from the intersection
of the centerline of the street and the centerline of the railway right-of-way.
(iii)
For the purposes of this Section, an agricultural crop, chain link fence or other
similar feature that can be seen through is not an obstruction.
4.26
Signs
The provisions of this By-law shall not apply to prevent the erection, alteration, or use of any
legal sign provided that such sign complies with the provisions of this By-law regarding sight
triangles and conforms to the provisions of any applicable by-laws of the Corporation of the
Township of McGarry.
4.27
Special Setbacks
a)
Provincial Highway
Notwithstanding anything else to the contrary in this By-law, all buildings and
structures in all zones of this By-law shall be setback from the right-of-way of a
provincial highway a distance of 14 m [45.9 ft] for commercial uses and 8 m
[26.2 ft] for residential uses, or as otherwise prescribed by the Ontario Ministry
of Transportation.
b)
Waterbodies and Watercourses
The minimum required setback from a waterbody or watercourse shall be 25 m [82 ft]
measured from the high water mark for all buildings and structures except for the
following:
(i)
A septic system which shall have a minimum setback of 30 m; and
(ii)
Shoreline structures (not including boat houses, boat ports, float plane, hangars,
docks, or wharfs) shall have a minimum setback of 15 m [49.2 ft].
c)
Industrial Uses
(i)
The minimum separation distance between a sensitive land use and a Class I
Industrial Use shall be 20 m [65.62 ft] and shall be measured from the nearest
lot line of the sensitive land use to nearest lot line of the Class I Industrial Use,
or vice versa;
(ii)
The minimum separation distance between a sensitive land use and a Class II
Industrial Use shall be 70 m [229.7 ft] and shall be measured from the nearest
lot line of the sensitive land use to nearest lot line of the Class II Industrial Use,
Township of McGarry Zoning By-law
SECTION 4
GENERAL PROVISIONS
As Adopted
April 9, 2024
47
By-law No. 2024-17
or vice versa;
(iii)
The minimum separation distance between a sensitive land use and a Class III
Industrial Use shall be 300 m [984.3 ft] and shall be measured from the nearest
lot line of the sensitive land use to nearest lot line of the Class III Industrial Use,
or vice versa; and
(iv)
Paragraphs (i) to (iii) shall not apply to prevent the use of land and the erection
of buildings and structures on lots of record in existence on the date of passing
of this By-law; however, any expansion of an industrial use shall comply with the
separation distances.
d)
Waste Management Facilities
(i)
No buildings or structures shall be erected within 500 m [1,640.4 ft] of a waste
management facility; and
(ii)
No use of land shall be permitted within 30 m [98.4 ft] of the fill area of an
operating or closed waste management facility unless the use directly
associated with the waste management facility.
e)
Sewage Lagoon
No land shall be used for a sensitive land use and no building or structure shall be
erected for a sensitive land use less than 400 m [1,312.34 ft] of a sewage lagoon.
f)
Rail Lines
No buildings or structures for a sensitive land use (e.g., dwelling, day nursery, etc) shall
be erected within 75 m [246.06 ft] of the right-of-way of a rail line.
g)
Pits and Quarries
(i)
No land shall be used for a sensitive land use and no building or structure shall
be erected for a sensitive land use less than 300 m [984.25 ft] of an aggregate
pit;
(ii)
No land shall be used for a sensitive land use and no building or structure shall
be erected for a sensitive land use less than 1,000 m [3,280.84 ft] of a quarry;
and
(iii)
No sensitive land use (e.g., dwelling, day nursery, etc) shall be erected within
500 m [1,640.4 ft] of lands zoned Mineral Aggregate Resource (MX) Zone.
4.28
Temporary Uses
a)
Nothing in this By-law shall prevent the use of land or the use or erection of a temporary
building or structure or a scaffold or other equipment essential to the construction in
Township of McGarry Zoning By-law
SECTION 4
GENERAL PROVISIONS
As Adopted
April 9, 2024
48
By-law No. 2024-17
progress for which a building permit has been granted, but only until such time as the
work has been finished or abandoned or such equipment is no longer required; and
b)
In addition, temporary accommodation for a business or other use which is intended to
occupy a building which is under construction with the work in progress on such
building, may be temporarily permitted on the same lot in the form of a mobile,
relocatable, portable or transportable building provided:
(i)
Approval is obtained pursuant to the matters contained herein; and
(ii)
Such temporary accommodation is removed from the lot immediately upon
completion of construction, abandonment of construction or at such time as in
the opinion of the municipality it is no longer required.
"Abandoned" in this section shall mean the failure to proceed expeditiously with the
construction of a work, specifically abeyance of construction for six (6) months.
4.29
Terrain Unsuitability
Where in this By-law, a front, side, or rear yard is required, and part of the area of the lot is
usually covered by water or marsh or swale or is beyond the rim of a river bank or watercourse
or between the top and toe of a cliff or embankment having a slope of thirty (30) degrees or
more from the horizontal, then the required yard shall be measured from the nearest main wall
of the main building or structure on the lot to the edge of said area covered by water or marsh,
or to the rim or said river bank or watercourse, or to the top of the said cliff or embankment if
such area is closer than the lot line.
4.30
Wayside Pits and Quarries
Wayside pits and quarries and portable asphalt plants are generally permitted throughout the
Township without the need to amend the Zoning By-law, provided no severe environmental
disruption will occur and the site is not within a residential zone, wetland, or watercourse. The
Township shall require a rehabilitation plan as a condition of approval.
4.31
Yard Encroachments
a)
Except for accessory buildings, structures or uses, every part of any yard required by this
By-law shall be open and unobstructed by any structure from the ground to the sky
provided however that those structures listed in the following table shall be permitted
to project for the specified distances into required yards as follows:
Structure or Features
Applicable Yard(s)
Required Setback or Permitted
Encroachment
Chimney breasts, cornices, sills,
pilasters, eaves or gutters, solar
collectors (where attached to
Front, Rear, and Interior Side
Yard
1 m [3.28 ft]
Township of McGarry Zoning By-law
SECTION 4
GENERAL PROVISIONS
As Adopted
April 9, 2024
49
By-law No. 2024-17
building), heat pumps,
ventilators, shutters, parapets,
or other ornamental structures
Canopies which are at least 2.13
m [7 ft] in vertical clearance
above the established grade,
with or without supporting posts
Any Yard
2 m [6.5 ft]
Canopies for entrances to
apartment buildings and
commercial buildings
Any Yard
Any distance equal to one-half
(50%) of the setback of the
building from the street line for
that zone
Window awnings and window
bays
Front, Rear, and Exterior Yard
1 m [3.28 ft]
Ramps, steps, and walkways
Any Yard
Unlimited
Porches, uncovered platform
landing, or patio or deck
Front and Rear Yard
3 m [9.8 ft] including eaves and
cornices
Balconies
Any Yard
1 m [3.28 ft]
Fire escape, exterior staircases
Rear and Exterior Yard
1 m [3.28 ft]
Gate house in any Industrial
Zone
Front or Interior Side Yard
1 m [3.28 ft]
Fences, hedges, shrubs, trees,
freestanding walls, flagpoles,
light standards, garden trellises,
clothes lines, security cameras,
and similar structures or features
Any Yard
Unlimited
Air conditioner
Any Yard
0.6 m [2 ft]
Accessory building or structure
All yards
As permitted by and as specified
by this By-law
b)
No structure permitted to project into any required yard by paragraph (a) shall obstruct
a sight triangle.
c)
Notwithstanding the provisions of this By-law to the contrary, where a detached single
detached dwelling or accessory use thereto is to be erected in a built-up area where
there is an established building line, such dwelling 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 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 and further provided that
in no case shall any building be erected closer than 3 m from the front lot line and need
be no greater than setback regulations prescribed in the zone in which it is situated.
As Adopted
April 9, 2024
50
By-law No. 2024-17
SECTION 5 PARKING
5.1
Off-Street Parking
In connection with the construction, erection, enlargement or increase in the volume of any
building type, provisions shall be made for off-street parking on the same lot as the building in
accordance with the following regulations and minimum parking requirements.
5.2
Parking Space Requirements
a)
The owner of every building or structure erected or used for any of the purposes
hereinafter set forth shall provide and maintain for the sole use of the owner, occupant
or other persons entering upon or making use of the said premises from time to time,
parking spaces and areas as follows:
Land Use
Category
Specific Use of Land
Required Number of Parking
Spaces
Residential
Single Detached, Semi-detached,
Duplex, Triplex, Converted,
Seasonal, Row or Townhouse
Dwelling
Park Model Trailer
2 spaces per dwelling unit
Mobile Home
1 space per dwelling unit
Apartment Dwelling
1.5 spaces per dwelling unit (1
space per bachelor apartment
unit), 15% of which is reserved
for visitor parking
Additional Residential Unit,
Garden Suite, Retirement Home
1 space per dwelling unit
Bed and Breakfast
1 space per guest room, in
addition to required residential
spaces
Boarding House
1 space for rentable room and 1
space for the primary dwelling
Group Home
1 space per 5 residents plus 1
space per employee
Commercial
Business and Professional Office,
including a home occupation
1 space per 28 sqm of office
floor area
Clinic
5 spaces per practitioner
Confectionary or Variety Shop
1 space for every 9.5 sqm of
total floor area
Hotel, Motel, or Tourist
Establishment
1 space per guestroom and 1
additional space for each 9.5
sqm of floor area devoted to
public use
Funeral Home, Restaurant, Club,
1 parking space for every 5 seats
Township of McGarry Zoning By-law
SECTION 5
PARKING
As Adopted
April 9, 2024
51
By-law No. 2024-17
b)
I
f
t
h
e
c
a
l
c
u
l
a
t
i
o
n
o
f
t
h
e
r
e
q
u
i
r
e
d
parking spaces results in a fraction, the required parking spaces shall be the next higher
whole number.
c)
Where any land or building accommodates more than one use, the total parking space
requirement for such land or building shall be the aggregate sum of the requirements
for each individual use.
d)
Any parking spaces required to be provided by this By-law shall be exclusive of the
parking spaces used or intended to be used for the storage or parking of motor vehicles
or major recreational vehicles for sale or rental.
Place of Entertainment or Place
of Assembly
or 3 metres of bench space.
Where there are no fixed seats,
1 space for each 9.5 sqm of floor
area devoted to public use
Marina
1 space for every 20 sqm of total
retail floor area, plus 1 space for
each boat slip provided
Other Commercial Uses
1 space for every 19 sqm of total
floor area
Institutional
Education Institution
1.5 spaces for each teaching
area, plus 1 separate bus loading
area per 2 teaching areas
Emergency Vehicle Dispatch
Center
1 space per 30 sqm of gross floor
area
Hospital, Nursing Home
1 space for each 2 beds or 40
sqm whichever is greater, plus 1
additional space for each
resident doctor or resident
employee
Place of Worship
1 space per 5 seats or 3 m of
bench space or 1 space per 20
sqm of gross floor area devoted
to public use, whichever is
greater
Industrial
Building Supply Outlet, Bulk Fuel
Storage, Cannabis Processing
Facility, Building Contractor's
Shop/Yard, Home Industry,
Motor Vehicle Repair Shop,
Fabrication Shop, Processing
Establishment, Manufacturing,
Welding Shop
1 space for each 100 sqm of floor
area up to 1,850 sqm plus 1
additional space for every 450
sqm of floor area over 1,850 sqm
and 1 space per 30 sqm of gross
floor area of accessory office
Any other use
not specified in
this table
1 space per 20 sqm of gross floor
area
Township of McGarry Zoning By-law
SECTION 5
PARKING
As Adopted
April 9, 2024
52
By-law No. 2024-17
e)
No portion of any access driveway shall be located closer than 8.0 m to the intersections
of two street lines or their projections.
5.3
Addition to a Building or Structure
When a building or structure has insufficient parking area 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.
5.4
Location
Notwithstanding the yard and setback provisions of this By-law to the contrary uncovered
surface parking areas, in other than residential use areas, shall be permitted in any 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 m to any road or street line.
5.5
Parking Area Requirements
Parking areas shall conform to the following requirements:
a)
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;
b)
each parking space shall have a minimum width of 3 m and depth of 6 m;
c)
each parking space shall be provided with unobstructed access to a street by a driveway,
aisle, lane, or private road;
d)
any parking area designed to serve water access lots shall have a minimum area of 50
sqm for each lot to be served and no parking shall be permitted within 8 m of the
highwater mark or within 3 m of any lot line abutting a lot in a Residential Zone;
e)
for any parking area in a Commercial or Industrial Zone which is required to be used in
winter, an additional area equal to 20% of the required area shall be provided for snow
storage.
5.6
Ingress and Egress
a)
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 m but not more than 9
m in perpendicular width.
b)
The maximum width of any joint ingress and egress driveway ramp measured along the
street line shall be 9 m.
Township of McGarry Zoning By-law
SECTION 5
PARKING
As Adopted
April 9, 2024
53
By-law No. 2024-17
c)
The minimum distance between a driveway and an intersection of street lines measured
along the street line intersected by such driveway shall be 8 m.
d)
The minimum angle of intersection between a driveway and a street line shall be sixty
(60) degrees.
e)
Every lot shall be limited to the following number of driveways:
(i)
up to the first 30 metres of frontage, not more than 2 driveways; and
(ii)
for each additional 30 metres of frontage, not more than 1 additional driveway.
5.7
Buffer Area
Where a parking area is situated in the Village Area (VA) Zone and is designed to accommodate
more than 6 automobiles, a strip of land not less than 1 m wide, around the periphery of the
said parking area and within the lot in which said parking area is located shall not be used for
any purpose other than landscaping but this shall not prevent the provision of entrances nor
exits to said parking area across the strip.
5.8
Drive Through
The entrance for a drive through function must provide for the progressive movement of cars
and shall be sufficient to accommodate stacking for not less than 10 cars on said lot, starting at
the last window, and that the drive through function does not inhibit the use of the necessary
required parking spaces. Stacking spaces for drive through or drive-in uses may not be counted
as required off-street parking spaces.
5.9
Illumination
Where parking areas are illuminated, lighting fixtures shall be so arranged that no part of any
fixture shall be more than nine (9) 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.
5.10
Parking Area Surface
In a Commercial or Industrial Zone, a parking area and driveway connecting the parking area
with a street shall be maintained with a stable surface which is treated so as to prevent the
raising of dust or loose particles. They 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.
5.11
Use of Parking Spaces and Areas
a)
Any area where off-street parking is permitted under this By-law shall be used for no
other parking purpose than for the parking of operative passenger vehicles and
Township of McGarry Zoning By-law
SECTION 5
PARKING
As Adopted
April 9, 2024
54
By-law No. 2024-17
commercial vehicles used in operations incidental to the permitted uses on the lot, all
bearing currently valid licence plates.
b)
For the purposes of this subsection "commercial motor vehicle" shall mean any
commercial vehicles as defined in the Highway Traffic Act.
5.12
Accessible Parking
a)
Provisions of accessible parking spaces shall be compliant with the Ontario Integrated
Accessibility Standards Regulation 191/11 or its successors.
b)
In the case of multiple residential (i.e., apartment dwellings), Commercial, Industrial,
and Institutional uses, accessible parking spaces shall be provided in accordance with
the following table:
Total Parking Spaces
Required
Accessible Spaces Required (minimum)
Total
Type A
Type B
Up to 37
1
1
38-62
2
1
1
63-86
3
1
2
87-133
4
2
2
134-166
5
2
3
167-200
6
3
3
Each
additional
50
spaces thereof
1 additional space
c)
Where an even number of accessible parking spaces are provided, an equal number of
parking spaces that meet the requirements of a Type A parking space and a Type B
parking space must be provided.
d)
Where an odd number of accessible parking spaces are provided, the number of parking
spaces must be divided equally between parking spaces that meet the requirements of a
Type A parking space and a Type B parking space, but the additional parking space, the
off-numbered space, may be a Type B parking space.
e)
Accessible parking spaces shall be of the following two types:
(i)
Type A: minimum width of 3.4 m
(ii)
Type B minimum width of 2.4 m
f)
An access aisle may be shared by two accessible parking spaces and must have a
minimum width of 1.5 m
Township of McGarry Zoning By-law
SECTION 5
PARKING
As Adopted
April 9, 2024
55
By-law No. 2024-17
Figure 1 Illustration of Accessible Parking Spaces and Access Aisles
5.13
Loading Space Requirements
a)
The owner or occupant of any 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 the street or
lane, within the zone in which such use is located, 1 loading space that conforms to the
following:
(i)
A minimum length of 9 m
(ii)
A minimum width of 3.7 m
(iii)
A minimum vertical clearing distance of 4.5 m
(iv)
A minimum of 1 loading space for every 500 sqm of floor
b)
Access to loading or unloading spaces shall be by means of a driveway with a minimum
width of 6 m.
c)
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)
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 m.
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
Township of McGarry Zoning By-law
SECTION 5
PARKING
As Adopted
April 9, 2024
56
By-law No. 2024-17
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.
As Adopted
April 9, 2024
57
By-law No. 2024-17
SECTION 6 ZONES
6.1
Zones
For the purpose of this By-law all land within the boundaries of the Township of McGarry is
hereby divided and established into Zones which are shown on the attached Schedules by the
accompanying symbols:
Zone S - Settlement Area Zone
Zone R1 - General Residential Zone
Zone R2 - Multiple Residential Zone
Zone RL - Lakefront Residential Zone
Zone HC - Highway Commercial Zone
Zone TC - Tourist Commercial Zone
Zone I - Institutional Zone
Zone M - Industrial Zone
Zone MX - Extractive Industrial Zone
Zone MM - Mineral Mining Zone
Zone RU - Rural Zone
Zone OS - Open Space
Zone EP - Environmental Protection
In addition, the following suffixes may be used in conjunction with any of the foregoing
zones, in which case, the relevant provisions of Section 6.5 or 6.6 will apply respectively:
o -(numeral) : special exception zone
o -h : holding zone
o -w: wellhead protection area
o -T: temporary use
6.2
Schedules
The aforementioned zones together with the zone boundaries are shown on the attached
Schedule "A" and Schedule "B" which form part of this By-law.
6.3
Boundaries of Zones
Where the boundary of any zone, as shown on the attached Schedules are uncertain, the
following provisions shall apply:
a)
where the boundary is indicated as following a street, lane, railway right-of-way, or
other right-of-way, then the boundary shall be the centre line of such street, lane,
railway, right-of-way, or other right-of-way;
Township of McGarry Zoning By-law
SECTION 6
ZONES
As Adopted
April 9, 2024
58
By-law No. 2024-17
b)
where the boundary is shown as approximately following a lot line or an extension of a
lot line on a registered plan of subdivision or registered survey plan, the lot line or
extension thereof shall be the boundary;
c)
A boundary indicated as following the highwater mark shall follow such shoreline, and in
the event of a change in the highwater mark, the boundary shall be construed as moving
with the actual highwater mark;
d)
where uncertainty exists as to the boundary of any zone, then the location of such
boundary shall be determined from the original Schedules which are available at the
Clerk's office.
6.4
Streets and Rights-of-Way
a)
A street, lane, railway right-of-way, or other right-of-way shown on the attached
Schedules shall be included, unless otherwise indicated, with the zone of adjoining
property on either side thereof.
b)
In the event a dedicated street or land shown on the Schedules of this By-law is closed,
the property formerly in such street or lane shall be included within the zone of the
adjoining property on either side of such closed street, or lane. If a closed street or lane
is the boundary between two or more different zones, the new zone boundaries shall be
the former centre line of the closed street or lane.
6.5
Special Exception Zones
a)
Where a zone symbol is followed by a dash and a number (for example "M-1"), the
lands so designated shall be subject to all of the provisions of the zone represented by
such symbol, except as otherwise provided by the special exception provisions of the
zone. These special provisions are listed separately under the appropriate zone (e.g. M)
in the text of this By-law.
6.6
Holding Zones
a)
Any parcel or area of land may be further classified as a holding zone with the addition
of the suffix "-h". The intent is to signify Council's approval in principle to future
development of the land for the purposes indicated by the symbol. The holding
classification added to a given zone shall restrict development of the land until the
requirements of the Official Plan related to holding zones have been met.
b)
Where a holding zone applies, no lands shall be used and no buildings or structures shall
be erected or used for any purpose other than those uses existing for such land,
building, or structure on the date of passing of this By-law. Any change from the holding
status shall require an amendment to this By-law, and the Township may require that
the applicant enter into an agreement for the development of his/her lands prior to the
amendment being approved.
Township of McGarry Zoning By-law
SECTION 6
ZONES
As Adopted
April 9, 2024
59
By-law No. 2024-17
6.7
Wellhead Protection Areas
Where a zone symbol on the Zoning Schedule is followed by the suffix "-w", those lands are part
of a Wellhead Protection Areas. Uses permitted on those lands with the suffix "-w" shall be
limited only to those existing uses, and the "-w" shall only be removed when the policies of the
Official Plan of the Township of McGarry regarding Wellhead Protection are satisfied.
6.8
Building, Structure, and Use Classification
The buildings, structures, and uses specifically named as permitted uses in a particular zone are
the only uses permitted in the particular zone in which they are named and classified.
6.9
Temporary Use By-laws
Temporary Use By-laws may have been passed by the Township to allow temporary uses
pursuant to Section 39 of the Planning Act. Temporary uses are shown on the schedules as
special exceptions and details concerning the temporary use are included in the special
exception text within the specific zone category.
As Adopted
April 9, 2024
60
By-law No. 2024-17
SECTION 7 Settlement (S) Zone
7.1
General
No person shall hereafter use any lands, or erect, alter, enlarge, or use any building or structure
in the S Zone (as shown on the attached Schedules) except in accordance with the provisions of
this Section and of other relevant Sections of this By-law.
7.2
Permitted Uses
Residential
o Additional Residential Unit
o Bed and Breakfast
o Boarding House
o Converted Dwelling
o Duplex Dwelling
o Group home
o Home Occupation (see Section
4.12)
o Mobile Home, on a foundation
o Semi-Detached Dwelling
o Single Detached Dwelling
o Uses accessory to the foregoing
Commercial
o Automotive Service Station
o Business or Professional Office
o Clinic
o Club
o Farm Implement Dealer
o Financial Establishment
o Funeral Home
o Hotel
o Marina
o Motel
o Motor Vehicle Sales Area
o Personal Service Shop
o Place of Entertainment
o Recreational Vehicle Sales and
Service Establishments
o Restaurant
o Retail Store
o Service or Repair Shops
o Uses accessory o the foregoing
Institutional
o Cemetery
o Place of Worship
o Community Centre
o Educational Institution
o Emergency Vehicle Dispatch Centre
o Hospital
o Medical Centre
o Nursing Home
o Place of Assembly
o Playground
o Park
o Uses accessory to the foregoing
7.3
Zone Requirements
Use
Provision
Required
Residential
Lot Area (min)
450 m²
Lot Frontage (min)
14 m
Front Yard (min)
4.5 m
Rear Yard (min)
6 m
Interior Side Yard (min)
2 m*
Exterior Side Yard (min)
5 m
Building Height (max)
9 m
Lot Coverage (max)
40%
Township of McGarry Zoning By-law
SECTION 7
S ZONE
As Adopted
April 9, 2024
63
By-law No. 2024-17
Commercial
Lot Area (min)
450 m²
Lot Frontage (min)
14 m
Front Yard (min)
4.5 m
Rear Yard (min)
6 m
Interior Side Yard (min)
1 m
Exterior Side Yard (min)
4 m
Building Height (max)
12 m
Lot Coverage (max)
80%
Institutional
Lot Area (min)
450 m²
Lot Frontage (min)
14 m
Front Yard (min)
5 m
Rear Yard (min)
6 m
Interior Side Yard (min)
4 m
Exterior Side Yard (min)
5 m
Building Height (max)
10 m
Lot Coverage (max)
60%
*For semi-detached dwellings, no minimum side yard will be required between two adjoining units.
7.4
Accessory Use Provisions
a)
Notwithstanding the provisions established in Section 4.1 of this By-law, the following
provisions apply to accessory uses, buildings or structures within the Settlement (S)
Zone:
Use
Provision
Required
Residential
Accessory Building Height (max)
6 m
Accessory Building Lot Coverage (max)
10%
Commercial
Accessory Building Height (max)
8 m
Accessory Building Lot Coverage (max)
5%
Institutional
Accessory Building Height (max)
8 m
Accessory Building Lot Coverage (max)
10 %
7.5
Additional Zone Requirements
a)
A dwelling unit is permitted as an accessory use to the principal commercial use,
building or structure identified in Section 7.2 except for an automobile service station,
motor vehicle sales area, recreational vehicle sales and service establishment, and
service or repair shop. The dwelling unit shall be located above or behind the main
commercial use.
b)
Each mobile home shall, within thirty (30) days of being located on a lot, be provided
with skirting extending from the bottom of the unit to the ground, having a readily
accessible removable panel of not less that 0.9 metre wide and 0.6 metres high, giving
access to the service connection. All skirting shall be finished with an acceptable
Township of McGarry Zoning By-law
SECTION 7
S ZONE
As Adopted
April 9, 2024
64
By-law No. 2024-17
protective coating or prefinished so that the design and construction will complement
the main structure.
7.6
Special Exception Zones
Reserved.
As Adopted
April 9, 2024
65
By-law No. 2024-17
SECTION 8 General Residential (R1) Zone
8.1
General
No person shall hereafter use any lands, or erect, alter, enlarge, or use any building or structure
in the R1 Zone (as shown on the attached Schedules) except in accordance with the provisions
of this Section and of other relevant Sections of this By-law.
8.2
Permitted Uses
o Additional Residential Unit
o Bed and Breakfast
o Converted Dwelling
o Duplex Dwelling
o Home Occupation (see Section 4.12)
o Mobile Home, on a foundation
o Semi-Detached Dwelling
o Single Detached Dwelling
o Group Home
o Uses accessory to the foregoing
8.3
Zone Requirements
Use
Provision
Required
Bed and Breakfast, Group Home,
Single Detached Dwelling
Lot Area (min)
370 m²
Lot Frontage (min)
12 m
Front Yard (min)
6 m
Rear Yard (min)
6 m
Interior Side Yard (min)
1 m
Exterior Side Yard (min)
3 m
Building Height (max)
10 m
Lot Coverage (max)
40%
Converted Dwelling, Duplex
Dwelling, Semi-Detached
Dwelling (where both units
occupy the same lot)
Lot Area (min)
600 m²
Lot Frontage (min)
20 m
Front Yard (min)
6 m
Rear Yard (min)
6 m
Interior Side Yard (min)
1 m*
Exterior Side Yard (min)
4 m
Building Height (max)
10 m
Lot Coverage (max)
40%
Semi-Detached Dwelling (where
one unit occupies a lot)
Lot Area (min)
300 m²
Lot Frontage (min)
10 m
Front Yard (min)
6 m
Rear Yard (min)
6 m
Township of McGarry Zoning By-law
SECTION 9
R2 ZONE
As Adopted
April 9, 2024
66
By-law No. 2024-17
*For semi-detached dwellings, no minimum side yard will be required between two adjoining units.
8.4
Accessory Use Provisions
a)
Notwithstanding the provisions established in Section 4.1 of this By-law, the following
provisions apply to accessory uses, buildings, or structures within the General
Residential (R1) Zone:
Provision
Required
Accessory Building Height (max)
6 m
Accessory Building Lot Coverage (max)
15%
8.5
Additional Zone Requirements
a)
Each mobile home shall, within thirty (30) days of being located on a lot, be provided
with skirting extending from the bottom of the unit to the ground, having a readily
accessible removable panel of not less that 0.9 metre wide and 0.6 metres high, giving
access to the service connection. All skirting shall be finished with an acceptable
protective coating or prefinished so that the design and construction will complement
the main structure.
8.6
Special Exception Zones
SECTION/ZONE AMENDING BY-LAW/LOCATION
PERMITTED USES
SPECIAL PROVISIONS
R1-1
Lots 163, 164, and 165, Plan
M126TIM; PCLS 2803, 11182, and
10727 SEC CST; 83 and 85
Connell Avenue, Virginiatown
Auto
Repair
Shop,
accessory
to
a
permitted
use,
shall
also be permitted
All lots zoned R1-1 Zone
shall be considered a
single
lot
for
the
purposes of this By-law.
The minimum exterior
side yard setback for
the
existing
shed
adjacent
to
Colville
Street shall be 1 m
(3.28 ft).
Interior Side Yard (min)
1 m*
Exterior Side Yard (min)
4 m
Building Height (max)
10 m
Lot Coverage (max)
40%
Township of McGarry Zoning By-law
SECTION 9
R2 ZONE
As Adopted
April 9, 2024
67
By-law No. 2024-17
SECTION 9 Multiple Residential (R2) Zone
9.1
General
No person shall hereafter use any lands, nor erect, alter, enlarge, or use any building or
structure in the R2 Zone (as shown on the attached Schedules) except in accordance with the
provisions of this Section and of other relevant Sections of this By-law.
9.2
Permitted Uses
o R1 uses in accordance with the provisions thereof
o Apartment Dwelling
o Long Term Care facility
o Row or Townhouse Dwelling
o Triplex Dwelling
o Retirement Home
o Uses accessory to the foregoing
9.3
Zone Requirements:
Use
Provision
Required
Apartment Dwelling, Continuum-
of-Care facility
Lot Area (min)
800 m² (3 units or less), plus an
additional 200 m² per dwelling
unit over 3
Lot Frontage (min)
25 m
Front Yard (min)
6 m
Rear Yard (min)
7 m
Interior Side Yard (min)
4 m
Exterior Side Yard (min)
4 m
Building Height (max)
12 m
Lot Coverage (max)
40%
Landscaped Open Space (min)
25%
Row or Townhouse Dwelling
Lot Area (min)
300 m² per dwelling unit
Lot Frontage (min)
10 m
Front Yard (min)
6 m
Rear Yard (min)
6 m
Interior Side Yard (min)
2 m*
Exterior Side Yard (min)
4 m
Building Height (max)
10 m
Lot Coverage (max)
40 %
Landscaped Open Space (min)
20 %
Triplex Dwelling
Lot Area (min)
600 m²
Township of McGarry Zoning By-law
SECTION 9
R2 ZONE
As Adopted
April 9, 2024
68
By-law No. 2024-17
Lot Frontage (min)
20 m
Front Yard (min)
6 m
Rear Yard (min)
6 m
Interior Side Yard (min)
2 m*
Exterior Side Yard (min)
4 m
Building Height (max)
12 m
Lot Coverage (max)
40 %
Landscaped Open Space (min)
20 %
*where two units are joined by a wall the minimum interior side yard setback shall be 0 m.
9.4
Accessory Use Provisions
a)
Notwithstanding the provisions established in Section 4.1 of this By-law, the following
provisions apply to accessory uses, buildings or structures within the Multiple
Residential (R2) Zone:
Provision
Required
Accessory Building Height (max)
8 m
Accessory Building Lot Coverage (max)
5%
9.5
Special Exception Zones
Reserved.
As Adopted
April 9, 2024
69
By-law No. 2024-17
SECTION 10 Lakefront Residential (RL) Zone
10.1
General
No person shall hereafter use any lands, nor erect, alter, enlarge, or use any building or
structure in the RL Zone (as shown on the attached Schedules) except in accordance with the
provisions of this Section and of other relevant Sections of this By-law.
10.2
Permitted Uses
o Seasonal Dwelling
o Single Detached Dwelling
o Uses accessory to the foregoing
10.3
Zone Requirements:
Provision
Required
Lot Area (min)
8,000 m²
Lot Frontage (min)
60 m
Front Yard (min)
15 m
Rear Yard (min)
10 m
Interior Side Yard (min)
10 m
Exterior Side Yard (min)
10 m
Building height (max)
10 m
Lot Coverage (max)
5%
10.4
Accessory Use Provisions
a)
Notwithstanding the provisions established in Section 4.1 of this By-law, the following
provisions apply to accessory uses, buildings or structures within the Lakefront
Residential (RL) Zone:
Provision
Required
Accessory Building Height (max)
6 m
Accessory Building Lot Coverage (max)
2%
10.5
Additional Zone Requirements
a)
The maximum floor area of a detached garage in the SR Zone shall be 140 m².
b)
The minimum setback for any main building or accessory building from a private road
shall be 6 m.
10.6
Special Exception Zones
Reserved.
As Adopted
April 9, 2024
70
By-law No. 2024-17
SECTION 11 Highway Commercial (HC) Zone
11.1
General
No person shall hereafter use any lands, nor erect, alter, enlarge, or use any building or
structure in the HC Zone (as shown on the attached Schedules) except in accordance with the
provisions of this Section and of other relevant Sections of this By-law.
11.2
Permitted Uses
o Ambulance Facility
o Auto Body Shop
o Auto Repair Garage
o Automobile Service Station
o Automotive Sales Establishment
o Building Supply Store
o Car Wash
o Clinic
o Equipment Rental Establishment
o Farmer's Market
o Flea Market
o Funeral Home
o Garden Centre
o Gasoline Bar
o Greenhouse
o Hotel
o Lumber Yard
o Motel
o Nursery
o Parking Lot - Commercial
o Place of Assembly
o Place of Worship
o Printing
and
Publishing
Establishment
o Private Club
o Recreational Vehicle Sales and
Storage
o Restaurant
o Retail Store
o Self Storage Facility
o Service Outlet
o Studio
o Tavern
o Theatre
o Transportation Depot
o Veterinary Establishment
o Welding Shop
o Workshop
o Uses accessory to the foregoing
11.3
Zone Requirements
Provision
Required
Lot Area (min)
900 m²
Lot Frontage (min)
30 m
Front Yard (min)
6 m
Rear Yard (min)
6 m
Interior Side Yard (min)
3 m
Exterior Side Yard (min)
6 m
Building height (max)
10 m
Lot Coverage (max)
55%
Landscaped Open Space (min)
25%
Township of McGarry Zoning By-law
SECTION 11
HC ZONE
As Adopted
April 9, 2024
72
By-law No. 2024-17
11.4
Accessory Use Provisions
a)
Notwithstanding the provisions established in Section 4.1 of this By-law, the following
provisions apply to accessory uses, buildings or structures within the Highway
Commercial (HC) Zone:
Provision
Required
Accessory Building Height (max)
8 m
Accessory Building Lot Coverage (max)
10%
11.5
Additional Zone Requirements
a)
A dwelling unit is permitted as an accessory use to the principal commercial use,
building or structure identified in Section 11.2 except for an automobile service station,
motor vehicle sales area, recreational vehicle sales and service establishment, and
service or repair shop. The dwelling unit shall be located above or behind the main
commercial use.
11.6
Special Exception Zones
Reserved.
As Adopted
April 9, 2024
73
By-law No. 2024-17
SECTION 12 Tourist Commercial (TC) Zone
12.1
General
No person shall hereafter use any lands, nor erect, alter, enlarge, or use any building or
structure in the TC Zone (as shown on the attached Schedules) except in accordance with the
provisions of this Section and of other relevant Sections of this By-law.
12.2
Permitted Uses
o Campground
o Restaurant
o Equestrian Establishment
o Marina
o Miniature Golf Course
o Tourist Cabin Establishment
o Tourist Outfitters Establishment
o Retail
o Uses accessory to the foregoing
12.3
Zone Requirements
Provision
Required
Lot Area (min)
20,000 m² (2 ha)
Lot Frontage (min)
60 m
Front Yard (min)
10 m
Rear Yard (min)
10 m
Interior Side Yard (min)
7.5 m where the interior side yard abuts a
residential or institutional zone, 5 m in all other
cases*
Exterior Side Yard (min)
10 m
Building height (max)
10 m
Lot Coverage (max)
5%**
Landscaped Open Space (min)
20%
*For a campground, a 10 m minimum interior side yard setback is required where an interior side yard
abuts a residential or institutional zone, 5 m in all other cases
**10% for a campground
12.4
Accessory Use Provisions
a)
Notwithstanding the provisions established in Section 4.1 of this By-law, the following
provisions apply to accessory uses, buildings or structures within the Tourist Commercial
(TC) Zone:
Use
Provision
Required
Campground
Accessory Building Height (max)
8 m
Township of McGarry Zoning By-law
SECTION 12
TC ZONE
As Adopted
April 9, 2024
74
By-law No. 2024-17
Accessory Building Lot Coverage
(max)
5%
All other uses
Accessory Building Height (max)
8 m
Accessory Building Lot Coverage
(max)
2%
12.5
Additional Zone Requirements
a)
One (1) dwelling unit shall be permitted as an accessory use to a permitted main use in
the Tourist Commercial (TC) Zone. Such dwelling unit may be a single detached dwelling
or it may be part of another building on the lot. Where the dwelling unit is part of
another building, it shall not occupy more than 50% of such building.
12.6
Special Exception Zones
Reserved.
As Adopted
April 9, 2024
75
By-law No. 2024-17
SECTION 13 Institutional (I) Zone
13.1
General
No person shall hereafter use any lands, nor erect, alter, enlarge, or use any building or
structure in the I Zone (as shown on the attached Schedules) except in accordance with the
provisions of this Section and of other relevant Sections of this By-law.
13.2
Permitted Uses
o Community Centre
o Crisis Care Facility
o Fire Station
o Library
o Medical Centre
o Municipal Office
o Museum
o Place of Assembly
o Place of Worship
o Public works Facility
o School
o Tourist Information Centre
o Uses accessory to the foregoing
13.3
Zone Requirements
Use
Provision
Required
School, Community Centre
Lot Area (min)
1,000 m²
Lot Frontage (min)
30 m
Front Yard (min)
6 m
Rear Yard (min)
10 m
Interior Side Yard (min)
4 m
Exterior Side Yard (min)
5 m
Building Height (max)
10 m
Lot Coverage (max)
40 %
Landscaped Open Space (min)
20 %
All Other Uses
Lot Area (min)
600 m²
Lot Frontage (min)
20 m
Front Yard (min)
6 m
Rear Yard (min)
6 m
Interior Side Yard (min)
4 m
Exterior Side Yard (min)
6 m
Building Height (max)
10 m
Lot Coverage (max)
35%
Landscaped Open Space (min)
20 %
Township of McGarry Zoning By-law
SECTION 13
I ZONE
As Adopted
April 9, 2024
76
By-law No. 2024-17
13.4
Accessory Use Provisions
a)
Notwithstanding the provisions established in Section 4.1 of this By-law, the following
provisions apply to accessory uses, buildings or structures within the Institutional (I)
Zone:
Provision
Required
Accessory Building Height (max)
8 m
Accessory Building Lot Coverage (max)
10%
13.5
Special Exception Zones
Reserved.
As Adopted
April 9, 2024
77
By-law No. 2024-17
SECTION 14 Industrial (M) Zone
14.1
General
No person shall hereafter use any lands, nor erect, alter, enlarge, or use any building or
structure in the M Zone (as shown on the attached Schedules) except in accordance with the
provisions of this Section and any other relevant Sections of this By-law.
14.2
Permitted Uses
o Class I Industrial (Light Industrial Use) (see Section 4.27 c))
o Class II Industry (Medium Industrial Use) (See Section 4.27 c))
o Class III Industry (heavy Industrial (See Section 4.27 c))
o Building Contractor's Shop/Yard
o Forest Products Processing Facility
o Lumber Yard
o Parking Lot - Commercial
o Portable Asphalt/Concrete Plant
o Self Storage Facility
o Transportation Depot
o Warehouse
o Welding Shop
o Workshop
o Uses accessory to the foregoing
14.3
Zone Requirements
Provision
Required
Lot Area (min)
20,000 m² (2 ha)
Lot Frontage (min)
60 m
Front Yard (min)
7.5 m
Rear Yard (min)
10 m
Interior Side Yard (min)
5 m
Exterior Side Yard (min)
7.5 m
Building height (max)
10 m
Lot Coverage (max)
25 %
Landscaped Open Space (min)
20 %
14.4
Accessory Use Provisions
a)
Notwithstanding the provisions established in Section 4.1 of this By-law, the following
provisions apply to accessory uses, buildings or structures within the Industrial (M)
Zone:
Provision
Required
Accessory Building Height (max)
8 m
Township of McGarry Zoning By-law
SECTION 14
M ZONE
As Adopted
April 9, 2024
78
By-law No. 2024-17
Accessory Building Lot Coverage (max)
10%
14.5
Special Exception Zones
SECTION/ZONE AMENDING BY-LAW/LOCATION
PERMITTED USES
SPECIAL PROVISIONS
M-1
The only permitted use
on the subject lands
shall
be
a
waste
management facility
M-2
The only permitted use
on the subject lands
shall be a municipal
sewage lagoon
M-3
The only permitted use
on the subject lands
shall be a salvage yard
As Adopted
April 9, 2024
79
By-law No. 2024-17
SECTION 15 Extractive Industrial (MX) Zone
15.1
General
No person shall hereafter use any lands, nor erect, alter, enlarge, or use any building or
structure in the MX Zone (as shown on the attached Schedules) except in accordance with the
provisions of this Section and of other relevant Sections of this By-law.
15.2
Permitted Uses
o Pit
o Quarry
o Wayside Pit
o Wayside Quarry
o Uses accessory to the foregoing
15.3
Zone Requirements
Provision
Required
All Yards (min)
10 m
15.4
Special Exception Zones
Reserved.
As Adopted
April 9, 2024
80
By-law No. 2024-17
SECTION 16 Mineral Mining (MM)
16.1
General
No person shall hereafter use any lands, nor erect, alter, enlarge, or use any building or
structure in the MM Zone (as shown on the attached Schedules) except in accordance with the
provisions of this Section and of other relevant Sections of this By-law.
16.2
Permitted Uses
o Conservation Use
o Forestry
o Mineral Exploration
o Mineral Mining Operation
o Uses accessory to the foregoing
16.3
Zone Requirements
Provision
Required
All Yards (min)
10 m
16.4
Special Exception Zones
SECTION/ZONE
AMENDING BY-
LAW/LOCATION
PERMITTED USES
SPECIAL PROVISIONS
MM-1
The only permitted use
on the subject lands is
the
disposal
or
maintenance of mine
wastes as authorized
under the Mining Act
As Adopted
April 9, 2024
81
By-law No. 2024-17
SECTION 17 Rural (RU) Zone
17.1
General
No person shall hereafter use any lands, nor erect, alter, enlarge, or use any building or
structure in the RU Zone (as shown on the attached Schedules) except in accordance with the
provisions of this Section and of other relevant Sections of this By-law.
17.2
Permitted Uses
o Agricultural Use
o Camp (see Section 4.5)
o Conservation Use
o Forestry
o Home Industry (see Section 4.11)
o Home Occupation (see Section 4.12)
o Mineral Exploration
o Existing Residential Use
o Sawmill
o Seasonal Dwelling Units
o Single Detached Dwelling subject to Section 17.5
o Existing Tourist Commercial Establishments
o Uses accessory to the foregoing
17.3
Zone Requirements
Provision
Permitted
Required
Camps (also see Section 4.5)
Lot Area (min)
50,000 m² (5 ha)
Lot Frontage (min)
60
All Yards (min)
15 m
Agricultural Use, Sawmill
Lot Area (min)
20,000 m² (2 ha)
Lot Frontage (min)
60 m
Front Yard (min)
10 m
Rear Yard (min)
15 m
Interior Side Yard (min)
15 m
Exterior Side Yard (min)
15 m
Building Height (max)
10 m
Lot Coverage (max)
5 %
All other uses
Lot Area (min)
20,000 m² (2 ha)
Lot Frontage (min)
60
All Yards (min)
5 m
17.4
Accessory Use Provisions
a)
Notwithstanding the provisions established in Section 4.1 of this By-law, the following
provisions apply to accessory uses, buildings or structures within the Rural (RU) Zone:
Township of McGarry Zoning By-law
SECTION 17
RU ZONE
As Adopted
April 9, 2024
82
By-law No. 2024-17
Main Use
Provision
Required
Residential
Accessory Building Height (max)
6 m
Accessory Building Lot Coverage (max)
2%
All other uses
Accessory Building Height (max)
8 m
Accessory Building Lot Coverage (max)
2%
17.5
Additional Zone Requirements
a)
Notwithstanding Section 17.3, reconstruction of existing residential uses in the Rural
(RU) Zone shall conform to the following provisions:
Provision
Required
Lot Area (min)
8,000 m² (0.8 ha)
Lot Frontage (min)
60 m
All Yards (min)
10 m
Building Height (max)
10 m
Lot Coverage (max)
5 %
Accessory uses shall conform to the accessory use provisions established in Section 17.4
b)
Notwithstanding Section 17.3, reconstruction of existing tourist commercial
establishments in the Rural (RU) Zone shall be subject to the zone requirements of
Section 12 of this By-law (Tourist Commercial (TC) Zone).
c)
A camp shall be permitted as the main use or as an accessory use of a lot in the Rural
(RU) Zone.
d)
Despite any other provisions of this By-law, the Zone provisions of Section 10.3 shall
apply to the construction of any dwelling and accessory building thereto. Accessory uses
to a single detached dwelling shall include a home occupation and home industry.
17.6
Special Exception and Holding Zones
SECTION/ZONE AMENDING BY-
LAW/LOCATION
PERMITTED USES
SPECIAL PROVISIONS
RU-1
Within 1 km of the
Township's Wellhead
Protection Area
This area is adjacent to the
Township's Wellhead Protection
Area, as such the only permitted
use on the subject lands shall be:
-
Camp (see Section 4.5)
-
Conservation Use
-
Existing Residential Use
-
Home Occupation (see
Section 4.12)
-
Seasonal Dwelling Units
Single Detached
Township of McGarry Zoning By-law
SECTION 17
RU ZONE
As Adopted
April 9, 2024
83
By-law No. 2024-17
Dwelling subject to
Section 17.5
RU-h
Southwest corner of
Township
No development shall be
permitted until the holding suffix
"-h" is removed by By-law
amendment. The removal of the
"-h" shall only occur when the
Township is satisfied that
archaeological studies have been
completed to identify and
appropriately protect the
heritage resource.
As Adopted
April 9, 2024
84
By-law No. 2024-17
SECTION 18 Open Space (OS) Zone
18.1
General
No person shall hereafter use any lands, nor erect, alter, enlarge, or use any building or
structure in the OS Zone (as shown on the attached Schedules) except in accordance with the
provisions of this Section and of other relevant Section of this By-law.
18.2
Permitted Uses
o Cemetery
o Golf Course
o Marina
o Park
o Visitors Centre
o Uses accessory to the foregoing
18.3
Zone Requirements
Provision
Required
All Yards (min)
5 m
Height (max)
8 m
Landscaped Open Space (min)
75%
18.4
Special Exception Zones
Reserved.
As Adopted
April 9, 2024
85
By-law No. 2024-17
SECTION 19 Environmental Protection (EP) Zone
19.1
General
No person shall hereafter use any lands, nor erect, alter, enlarge, or use any building or
structure in the EP Zone (as shown on the attached Schedules) except in accordance with the
provisions of this Section and of other relevant Sections of this By-law.
19.2
Permitted Uses
o Conservation Use
o Uses accessory to the foregoing
19.3
Zone Requirements
19.4
Additional Zone Requirements
a)
No buildings or structures of any kind shall be erected in the Environmental Protection
(EP) Zone.
19.5
Special Exception Zones
SECTION/ZONE AMENDING BY-LAW/LOCATION
PERMITTED USES
SPECIAL PROVISIONS
EP-W
Only existing uses are
permitted.