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TOWNSHIP OF McKELLAR
COMPREHENSIVE ZONING BY-LAW No. 2019-23
May 11, 2021
Page i
TABLE OF CONTENTS
SECTION
TITLE
PAGE
SECTION 1 -
TITLE AND INTERPRETATION .................................................................................... 4
SECTION 2 -
DEFINITIONS ................................................................................................................. 6
SECTION 3 -
GENERAL PROVISIONS ............................................................................................. 22
3.01
Zones ......................................................................................................................................... 22
3.02
Zone Boundaries ....................................................................................................................... 23
3.03
Accessory Uses ......................................................................................................................... 23
3.04
Application of By-law ................................................................................................................. 24
3.05
Automobile Service Station or Public Garage ........................................................................... 24
3.06
Bed and Breakfast ..................................................................................................................... 24
3.07
Boathouses, Boat Ports ............................................................................................................. 25
3.08
Buffer Areas ............................................................................................................................... 25
3.09
Buildings to be Moved ............................................................................................................... 26
3.10
Certificate of Occupancy ............................................................................................................ 26
3.11
Continuation of Farming Use ..................................................................................................... 26
3.12
Decks and Docks ....................................................................................................................... 26
3.13
Dredging and Filling ................................................................................................................... 27
3.14
Dwelling Unit in Non-Residential Building or Lot ....................................................................... 27
3.15
Extensions of Existing Building's Encroaching Upon Yards ...................................................... 28
3.16
Flood Plain Requirements ......................................................................................................... 28
3.17
Frontage on Public Road or Street ............................................................................................ 28
3.18
Garden Suites ............................................................................................................................ 28
3.19
Gazebo ...................................................................................................................................... 28
3.20
Golf Course ................................................................................................................................ 29
3.21
Group Homes ............................................................................................................................ 29
3.22
Greater Restrictions ................................................................................................................... 29
3.23
Height Exceptions ...................................................................................................................... 29
3.24
Holding Provisions - 'H' Suffix ................................................................................................... 29
3.25
Home Industry ........................................................................................................................... 29
3.26
Home Occupation ...................................................................................................................... 30
3.27
Keeping of Animals .................................................................................................................... 30
3.28
Kennels ...................................................................................................................................... 30
3.29
Lane as Yard ............................................................................................................................. 30
3.30
Legal Non-Conforming ............................................................................................................... 31
3.31
Lights ......................................................................................................................................... 31
3.32
Loading Space Regulations ....................................................................................................... 31
3.33
Lot Additions and Encroachments ............................................................................................. 32
3.34
Lots Having Less Area, Frontage or Depth Than Required ...................................................... 32
3.35
Measurement of Lot or Island Area ........................................................................................... 32
3.36
Minimum Distance Separation ................................................................................................... 32
3.37
Mining ........................................................................................................................................ 32
3.38
Mobile Homes ............................................................................................................................ 32
3.39
Multiple Zones ........................................................................................................................... 33
3.40
Non-Conforming Uses ............................................................................................................... 33
3.41
Number of Dwelling Units on One Lot ....................................................................................... 33
3.42
Secondary Dwelling Units .......................................................................................................... 34
3.43
Occupation of Uncompleted or Unserviced Building ................................................................. 34
3.44
Parking Area Regulations .......................................................................................................... 34
3.45
Pits and Quarries ....................................................................................................................... 37
3.46
Portable Asphalt and Portable Concrete Plants ........................................................................ 37
3.47
Prohibited Uses ......................................................................................................................... 37
3.48
Public Uses ................................................................................................................................ 38
3.49
Pumphouse Restrictions ............................................................................................................ 38
3.50
Reduction of Requirements ....................................................................................................... 38
3.51
Sauna ......................................................................................................................................... 38
3.52
Septic Systems .......................................................................................................................... 39
3.53
Setback From Environmental Protection Area .......................................................................... 39
Page ii
3.54
Shore Road Allowance .............................................................................................................. 39
3.55
Shore Road Allowance As Yard ................................................................................................ 39
3.56
Short Term Rentals .................................................................................................................... 39
3.57
Signs .......................................................................................................................................... 39
3.58
Sleeping Cabins ......................................................................................................................... 39
3.59
Special Uses Permitted ............................................................................................................. 39
3.60
Swimming Pools ........................................................................................................................ 40
3.61
Temporary Uses Permitted ........................................................................................................ 40
3.62
Tennis/Sports Courts ................................................................................................................. 40
3.63
Tent and Trailer Tents ............................................................................................................... 40
3.64
Through Lot................................................................................................................................ 41
3.65
Timbering ................................................................................................................................... 41
3.66
Tourist Establishment Regulations ............................................................................................ 41
3.67
Trailers and Motor Homes ......................................................................................................... 42
3.68
Unzoned Lands .......................................................................................................................... 42
3.69
Use of Vacant Lands ................................................................................................................. 42
3.70
Landfill Site (Waste Disposal Site) To Be Set Back .................................................................. 42
3.71
Yard and Setback Encroachments Permitted ............................................................................ 42
SECTION 4 -
RURAL (RU) ZONE ...................................................................................................... 44
4.01
Uses Permitted .......................................................................................................................... 44
4.02
Zone Standards ......................................................................................................................... 44
4.03
Special Exception Regulations - Rural (RU) ............................................................................. 45
SECTION 5 -
RURAL RESIDENTIAL (RR) ZONE ............................................................................ 47
5.01
Uses Permitted .......................................................................................................................... 47
5.02
Zone Standards ......................................................................................................................... 47
5.03
Special Exception Regulations - Rural Residential (RR) .......................................................... 47
SECTION 6 -
MULTIPLE RESIDENTIAL (RM) ZONE ....................................................................... 49
6.01
Uses Permitted .......................................................................................................................... 49
6.02
Zone Standards ......................................................................................................................... 49
6.03
Special Exception Regulations - Multiple Residential (RM) ...................................................... 50
SECTION 7 -
WATERFRONT RESIDENTIAL (WF1, WF2, WF3, WF4, WF5) ZONES .................... 51
7.01
Uses Permitted .......................................................................................................................... 51
7.02
Zone Standards ......................................................................................................................... 51
7.03
Special Exception Regulations - Waterfront Residential (WF1, WF2, WF3, WF4 and WF5) .. 51
SECTION 8 -
GENERAL COMMERCIAL ZONES ............................................................................. 57
8.01
Contractor Commercial (C1.1) Zone ...................................................................................... 57
8.02
General Commercial (C1.2) Zone ........................................................................................... 57
8.03
Retail Commercial (C1.3) Zone ............................................................................................... 58
8.04
Marine Commercial (C1.4) Zone ............................................................................................. 58
8.05
Autobody Commercial (C1.5) Zone ........................................................................................ 58
8.06
Zone Standards ......................................................................................................................... 59
8.07
Special Exception Regulations - Contractor Commercial (C1.1), General Commercial (C1.2),
Retail Commercial (C1.3), Marine Commercial (C1.4) and the Autobody Commercial (C1.5) 59
SECTION 9 -
TOURIST COMMERCIAL (C2) ZONE ......................................................................... 61
9.01
Uses Permitted .......................................................................................................................... 61
9.02
Zone Standards ......................................................................................................................... 61
9.03
Tourist Commercial Marine (C2M) Zone ................................................................................... 62
9.04
Tourist Commercial Marine Restricted (C2MR) Zone ............................................................... 62
9.05
Special Exception Regulations - Tourist Commercial (C2) ....................................................... 62
SECTION 10 -
INDUSTRIAL (M1) ZONE ........................................................................................ 64
10.01
Uses Permitted .......................................................................................................................... 64
10.02
Zone Standards ......................................................................................................................... 64
10.03
Special Exception Regulations - Industrial (M1) ....................................................................... 65
SECTION 11 -
INDUSTRIAL PIT (M2) ZONE.................................................................................. 66
11.01
Uses Permitted .......................................................................................................................... 66
11.02
Zone Standards ......................................................................................................................... 66
11.03
Special Exception Regulations - Industrial Pit (M2) .................................................................. 66
SECTION 12 -
LANDFILL (M3) ZONE ............................................................................................ 67
12.01
Uses Permitted .......................................................................................................................... 67
12.02
Zone Standards ......................................................................................................................... 67
12.03
Special Exception Regulations - Landfill (M3) .......................................................................... 67
Page iii
SECTION 13 - WASTE DISPOSAL (WD) ZONE ................................................................................... 68
13.01
Uses Permitted .......................................................................................................................... 68
13.02
Zone Standards ......................................................................................................................... 68
SECTION 14 -
OPEN SPACE PARKS (OS) ZONE ........................................................................ 69
14.01
Uses Permitted .......................................................................................................................... 69
14.02
Zone Standards ......................................................................................................................... 69
14.03
Special Exception Regulations - Open Space Parks (OS) ....................................................... 69
SECTION 15 -
ENVIRONMENTAL PROTECTION (EP) ZONE ...................................................... 70
15.01
Uses Permitted .......................................................................................................................... 70
15.02
Zone Standards ......................................................................................................................... 70
15.03
Special Exception Regulations - Environmental Protection (EP) ............................................. 70
SECTION 16 -
FLOOD PLAIN (FP) ZONE ...................................................................................... 71
16.01
Uses Permitted .......................................................................................................................... 71
16.02
Zone Standards ......................................................................................................................... 71
16.03
Special Exception Regulations - Flood Protection (FP) ............................................................ 71
SECTION 17 -
BY-LAW REPEALS ................................................................................................. 73
Page 4
TOWNSHIP OF McKELLAR
BY-LAW NO. 2019-23
BEING a By-law to regulate the use of land and the character, location and use of buildings and structures
in the Township of McKellar.
The Council of the Corporation of the Township of McKellar, pursuant to Section 34 of The Planning Act,
R.S.O., 1990, as amended,
ENACTS AS FOLLOWS:
SECTION 1 - TITLE AND INTERPRETATION
1.01
This By-law may be cited as the McKellar Township ("the Township") Zoning By-law ("this By-law").
1.02
The Maps annexed hereto as Schedules of this By-law are declared to be part of this By-law.
1.03
For the purposes of this By-law, the definitions and interpretations set out herein shall govern. If a
word is not defined, refer to the webster English Dictionary and apply the ordinary meaning of the
word.
1.04
Nothing in this By-law shall be construed to exempt any person from complying with the
requirements of any other by-law of the Township or of any law of the Province of Ontario, or
Canada.
1.05
The provisions of this By-law are held to be the minimum requirements adopted for the promotion
of the public health, safety, convenience or general welfare of the Township.
1.06
In the event of an inconsistency or conflict between two or more provisions in this By-law, the more
restrictive provision shall prevail.
1.07
The provisions of this By-law may not apply to Crown land. However, this By-law reflects the
established planning policies of the Township and it is intended that the Crown shall have regard
for the provisions of this By-law.
1.08
Numerical figures used in this By-law are given in metric units and are intended to provide the sole
standard governing the provisions of this By-law. Conversions of these metric units to equivalent
imperial units may be deemed acceptable by the Township when the conversion is made to at least
two decimal places.
1.09
In this By-law, words importing the singular number include, where appropriate, more persons,
parties or things of the same kind than one, and a word interpreted in the singular number has a
corresponding meaning when used in the plural.
1.10
Where any Act or portion of an Act is referred to in this By-law, such reference shall be interpreted
to refer to any subsequent renumbering of sections in said Act and/or changes in the date of said
Act.
1.11
Nothing in this By-law shall be construed to confer any ownership rights to any land below the
controlled high water mark caused by flooding because of natural or man-made dams.
1.12
Where the permitted uses contained in the various zones in this By-law do not list a specific use in
that Zone, this By-law shall be interpreted to deem that such uses are to be prohibited in the
respective zones.
1.13
Former By-laws
Any by-law passed prior to the passage of this By-law under section 34 of the Planning Act is
hereby repealed. The adoption of this By-law will not exempt any person or use of property from
complying with the requirements of any other by-law in force at the time of passage of this By-law.
Page 5
1.14
Transition
This By-law does not apply to prevent the issuance of a building permit for a development for which
approval has been previously obtained under the Planning Act for a minor variance, zoning
amendment or site plan approval.
Page 6
SECTION 2 -
DEFINITIONS
In this By-law:
2.01
Accessory Apartment: means that part of a building originally constructed as a single detached
dwelling which has been altered, renovated or enlarged to accommodate a second self-contained
dwelling unit.
2.02
Accessory Building: means a detached building, located on the same lot as the main building, the
use of which is incidental or subordinate to that of the main building.
2.03
Accessory Use: means a use of lands or buildings which is incidental or subordinate to the principal
use of the said lands and buildings.
2.04
Agricultural Building: means any building or structure customarily used in connection with a farm
other than a residence.
2.054
Agriculture Use: means any agricultural use or uses, and the structures or buildings accessory
thereto, and it includes field crops, animal husbandry, tree nurseries and any other use customarily
carried on in the field of general agriculture, including the sale on the premises, of produce grown
or raised on the property.
2.056
Animal Hospital: includes a veterinary establishment, and any other land, building or structure
where domestic animals, birds, or livestock are treated or boarded for short-term periods, but shall
not include a kennel.
2.067
Apartment: means a multiple dwelling excluding triplex dwelling, a rowhouse dwelling or any group
of semi-detached or duplex dwellings.
2.08
Apartment Building: means a multiple dwelling excluding triplex dwelling, a row dwelling or any
group of semi-detached or duplex dwellings.
2.079
Arboretum: means a botanical garden exhibiting trees for display or study.
2.0810 Arena: includes a building, or part of a building, in which facilities are provided for such purposes
as ice or roller skating; but does not include any establishment otherwise defined or classified
herein.
2.0911 Assembly Hall: includes a building or part of a building in which facilities are provided for such
purposes as meetings for civic, educational, political, religious, or social purposes, a banquet hall,
community centre, union hall or Canadian Legion Hall.
2.102
Automobile Sales Establishment: means a building or structure or a clearly defined space on a lot
used for the display and sale of motor vehicles and may include the servicing, repair, cleaning,
polishing, and lubricating of motor vehicles, the sale of automotive accessories and related
products, and the leasing or renting of motor vehicles.
2.113
Automobile Service Station: means a building or place where petroleum products, supplies, parts
or accessories are kept for sale to service motor vehicles, snowmobiles, farm implements and
machinery, or where repairs are performed to motor vehicles, snowmobiles, farm implements and
machinery or a public garage.
2.124
Average Grade: is the mean elevation of the proposed finished ground at the front face of a building
or structure.
2.135
Aviary: means an enclosure or large cage for live birds.
2.142.16
Basement: means a storey or storeys of a building located below the first storey.
Page 7
2.17
Bed and Breakfast Establishment: means a single-family dwelling in which no more than 3
guest rooms are made available for temporary accommodation of the travelling or vacationing
public. Such an establishment may offer light meals to those persons temporarily residing at the
establishment. A Bed and Breakfast Establishment shall not include a restaurant or a Tourist
Establishment.
2.1518 Boarding House: means a dwelling in which the owner or lessor supplies habitable rooms for the
accommodation of not more than 6 persons, with or without meals, for the persons so
accommodated.
2.1619 Boat: includes any vessel or watercraft suitable for navigation on or through the water.
2.1720 Boathouse: means any building or structure intended to house, shelter or protect a boat or other
form of water transportation, but it does not include a dry land boat storage building.
2.1821 Boat Launch: includes a parcel of land and related structures adjoining a waterbody for the
placement of watercraft into and out of the water and any adjoining parking areas, aisles or ancillary
buildings.
2.22
Boat Port: means an accessory building or structure located on or immediately adjacent to water;
which is not enclosed by more than one wall, which is designed and used only for the sheltering
of boats or other forms of water transportation.
2.1923 Bridge: includes a structure erected across or spanning two or more points of lands to afford
passage by vehicle or pedestrians.
2.2024 Building: means any edifice used or intended to be used for shelter, accommodation or the
enclosure of persons, animals or chattels other than a fence or wall.
2.2125 Building Line: means a line lying in the interior of a lot drawn parallel to a lot line for the purpose
of establishing the minimum distance that must exist between a building or structure erected upon
the land and a lot line.
2.2226 Building, Main: means the building in which the principal use of the lot is conducted.
2.2327 Building Supply Outlet: means a retail or wholesale store with or without a storage area used for
the temporary storage and sale of building supplies such as lumber, cement, bricks and hardware.
2.2428 Bulk Fuel Storage Establishment: means a building or place where tank(s) for the bulk storage of
petroleum, gasoline, fuel oil, gas or flammable liquid or fluid is located.
2.2529 Business or Professional Office: means an office in which any business is carried on or any
profession is practised.
2.30
Camp Children: means: a camp for recreational activities on a site in which sleeping and eating
facilities are provided for temporary occupancy, with or without charge for five or more persons who
are under 18 years of age or persons with special needs.
2.2631 Camping Establishment: means a tourist establishment consisting of at least six campsites and
comprising land used or maintained as grounds for the camping or parking of trailers, motorized
motor coach, truck campers, campers or tents but not including mobile homes and also excepting
parks or camping grounds maintained by any Public Authority.
2.2732 Campsite: means an area of land within a tent and trailer park or camping establishment which is
designed to accommodate the placement of tents, travel trailers, motor coach or truck campers for
the temporary quarters of a travelling or vacationing public.
2.2833 Car Wash: means a building or structure containing facilities for washing motor vehicles by
production line methods which may include a conveyor system or similar mechanical devices, and
Page 8
includes a self-service car wash.
2.2934 Carport: includes a building or structure intended to shelter vehicles that has at least one open
wall.
2.3035 Cellar: means the portion of a building between two floor levels which is partly or wholly
underground and which has less than 0.5 metres of its height, from finished floor to finished ceiling,
above adjacent finished grade.
2.3136 Cemetery: includes a cemetery or columbarium within the meaning of The Cemeteries Act.
2.3237 Chief Building Official: means the official employed by the Township appointed pursuant to the
provisions of The Building Code Act, R.S.O., 1990, and amendments thereto, and shall include any
Inspector likewise employed and appointed.
2.3338 Church: means a building set aside by any religious organization for public worship and may
include a church hall, church auditorium, Sunday school, nursery school, convent, monastery or
parish hall.
2.3439 Clinic: includes a public or private building, used for medical, surgical, dental, physiotherapeutic,
chiropractic or other human health treatments by one or more practitioners.
2.3540 Community Hall: includes any tract of land or building or buildings or any part of any building used
for community activities, including recreational and institutional uses, with commercial uses
incidental thereto, and the control of which is vested in the municipality, local board or agent thereof.
2.3641 Condominium: Condominium shall mean a lot on which each individual unit is held in separate
interest and all floor space, facilities, outdoor areas and other such areas used in common by all
tenants are the interest of, administered and maintained by a corporation created to the provisions
of the Condominium Act.
2.3742 Contractor's Yard: means a yard of any building trade or contractor where equipment and material
are stored or where a contractor performs shop or assembly work but does not include any other
yard or establishment otherwise defined or classified herein.
2.3843 Convenience Store: means a retail commercial establishment not exceeding 200 square metres
in gross floor area, which serves the daily needs of the residents of the immediately surrounding
area, or boaters requiring provisions, and may include provisions for the sale of refreshments,
snacks and gasoline in areas not designated for residential use.
2.3944 Corporation: means the Corporation of the Township of McKellar.
2.4045 Cottage, Rental: means a tourist establishment that has a building to accommodate one or more
guests that:
a) contains at least two rooms; and,
b) that may or may not contain facilities for guests to prepare and cook food.
2.4146 Crown Land: means lands belonging to Her Majesty in right of Canada or Ontario, whether or not
they are covered with water.
2.4247 Custom Workshop: means a building or part of a building used by a trade, craft or guild for the
manufacture in small quantities of made-to-measure clothes or articles, and includes upholstering
but does not include metal spinning, woodworking or furniture manufacture, or any factory
production or any shop or factory otherwise classified or defined in this By-law.
2.48
Day Nursery: means a day nursery operated for pre-school age children within the meaning of the
Child Care and Early Years Act, 2014, S.O. 2014 c. 11.
Page 9
2.4349 Deck: includes a floor structure without a roof that is level or has a level surface area capable of
accommodating persons or furniture, that may be attached to or detached from a main building or
an accessory building.
2.4450 Development and/or Redevelopment, New: means any development and/or redevelopment in any
and all identified zones that goes beyond those existing zoning "permitted as-of-right" uses zoned
in this By-law, as amended.
2.4551 Dock: means a structure, floating or fixed, including a wharf or pier, where boats can remain for
loading, unloading, repair or storage on or adjacent to water, but does not include connecting
ramps, stairs or walkways.
2.52 Docking Area: means an area authorized for the temporary or permanent location of boats.
2.53
Dwelling Accessory: See Dwelling, Converted
2.54
Dwelling, Converted: means a single detached dwelling that has been modified into two dwelling
units with separate entrances and no external modifications excepting necessary fire escapes
stairways and entrances.
2.4655 Dwelling, Single Detached: means a separate building containing only one dwelling unit.
2.4756 Dwelling, Semi-detached: means a building that is divided vertically into two dwelling units.
2.4857 Dwelling, Duplex: means a building that is divided horizontally into two dwelling units, each of
which has an independent entrance.
2.4958 Dwelling, Multiple: means a building which contains four or more dwelling units to which units
access is provided by a common entrance at street level and common corridors, stairs or elevators.
2.5059 Dwelling, Rowhouse: means one of a group of three or more attached dwellings each having at
least two separate private entrances.
2.5160 Dwelling, Seasonal: means a single detached residential dwelling that is within the scope of Part
9.36 of Division B of the Ontario Building Code.
2.5261 Dwelling, Split Level: means a dwelling in which the first floor above finished grade is so
constructed as to create two or more different levels, the vertical distance between such levels
being less than the full storey. For the purpose of this By-law, a split level dwelling shall be
considered a one storey dwelling.
2.62
Dwelling, Townhouse: means a detached building that is divided vertically into 3 or more dwelling
units but not more than 16 dwelling units in a continuous row, each dwelling units have 2 or more
private entrances.
2.5363 Dwelling, Triplex: means a building that is divided horizontally into three dwelling units.
2.5464 Dwelling Unit: means one or more rooms in which only one separate kitchen is provided with a
private entrance from outside the building or from a common hallway or stairway inside the building.
2.5565 Dwelling Unit, Secondary: means self-contained residential dwelling units with a private kitchen,
bathroom facilities and sleeping areas within a dwelling unit or in a structure accessory to a dwelling
unit.
2.5666 Erect: means to build, construct, reconstruct or relocate and, without limiting the generality of the
word, also includes:
(a) any excavating, dredging, filling, draining, or the creation of retaining walls, beams, siding or
breakwalls;
Page 10
(b) the placement or construction of docks, wharves, piers, rafts or pumphouses;
(c) altering any existing building or structure by an addition, enlargement, extension or other
structural change; and,
(d) any work which requires a permit under The Building Code Act, and amendments thereto, and
regulations thereunder.
2.5767 Established Building Line: means the average setback of the existing buildings. A building line is
considered to be established when at least 3 buildings have been erected on any one side of a
continuous 200 metres of land with road frontage.
2.5868 Fairground: means an agricultural fairground where farm produce is on display for judging and for
sale, and livestock shows, horse racing and other sports events are held.
2.5969 Farm: includes land or buildings used for growing or storing trees, grain, vegetables, fruit crops or
any other agricultural crops, and dairying, grazing, pasturing or housing of livestock and also
includes aquaculture, a fishery or hatchery for trout farming or other species and includes a farm
dwelling and accessory buildings.
2.6070 Farm, Specialized Use: means land or buildings which are predominantly used for the raising of
chickens, turkeys or other fowl, fur-bearing animals, hogs or the growing of mushrooms, or the
intensive feeding of cattle in a confined area.
2.6171 Farm Implement Dealer: means a building, structure or area where farm equipment and farm
supplies are kept for sale at retail, but shall not include any other establishment otherwise defined
or classified herein.
2.6272 Fire Hall: includes a building housing firefighting equipment and personnel.
2.6373 Fish Habitat: means the spawning grounds and nursery, rearing, food supply and migration areas
on which fish depend directly or indirectly for their life processes.
2.74
Flood Plain: means an area of land adjacent to a waterbody which may be flooded during
highwater events, but is not subject to significant water currents.
2.75
Floodway: means an area which may be inundated by water during high water events and is
subject to significant flow currents which could erode the supporting terrain or displace building
supports.
2.6476 Floor Area: means the space on any storey of a building between exterior walls and required
firewalls, including the space occupied by interior walls and partitions, any attached private garage,
carport, storage area, breezeway, porch, veranda, but does not include the space occupied by
exits, vertical service spaces and their enclosing assemblies, a basement, a cellar, an attic or a
boathouse, unenclosed attached porch or unenclosed attached veranda.
2.6577 Floor Area, Ground: means the floor area of the first storey of any building or structure and it
includes, in the case of a dwelling unit, the area of any attached private garage, enclosed attached
porch or enclosed attached veranda.
2.6678 Floor Area, Gross: means the sum total of the gross horizontal areas of all storeys of all buildings
excluding attics and basements when used solely for the purpose of storage.
2.6779 Forest Management Area: means land used for wood lot conservation or forest management
practices carried out under a program of the Ministry of Natural Resources.
2.6880 Fractional Development Project: means a project consisting of any dwelling unit, hotel, lot or parcel
in which a purchaser receives a Fractional Development Project interest.
2.6981 Fractional Development Project Interest: means a contractual right of occupancy in a Fractional
Page 11
Development Project, whether by membership, agreement, share, tenancy in common, sale, deed,
licence, right-to-use agreement or otherwise, where such right is divided into two or more undivided
interests, whether or not such interest is coupled with an estate in real property, where a purchaser,
in exchange for consideration, receives a right to use a portion of a Fractional Development Project
for a period of time less than six months during any given year.
2.7082 Front Line of Main Building: means the side of a building that is the closest distance between the
building and the front lot line.
2.7183 Funeral Home: includes a building or structure designed for the purpose of furnishing funeral
supplies and services to the public and includes facilities intended for the preparation of human
bodies for interment or cremation.
2.7284 Garage, Private: means an accessory building or a portion of the main building including a carport,
which is designed or used for the storage of one or more private vehicles and the storage of
household equipment incidental to residential occupancy and in which no business, occupation or
service is conducted for profit.
2.7385 Garage, Public: means a building which is used for the servicing, repair or equipping of motor
vehicles, or where such vehicles are parked or stored for remuneration, hire or sale.
2.86
Garden Suite: means a one-unit detached residential structure containing sanitary and kitchen
facilities that is accessory to an existing permanent residential structure and that is designed to be
portable, but does not include a mobile home, a trailer or any type of a recreational vehicles [also
known as a granny flat].
2.7487 Gazebo: an accessory open air building not exceeding 4 metres in height and a floor area less
than 15 square metres, in which there are no services.
2.7588 Golf Course: means a public or private area used for the playing of golf and includes a driving
range, but not a miniature course or similar uses.
2.89
Golf, Miniature: means an area where golf putting is played on a series of golf holes less than 10
metres in length and often referred to as "mini-golf" or "puttputt".
2.7690 Government Office: includes any building, structure or land where any level of government
conducts business.
2.7791 Group Home: means a building or buildings, licensed or approved under any provincial statute, in
which not more than six (6) persons live as a single housekeeping unit under responsible
supervision, but does not include a dwelling unit occupied for the purpose of providing shelter for
persons on parole or released from penal institutions, or for persons ordered to reside there as a
result of conviction of a criminal offence.
2.92
G.S.C.: means the Geodetic Survey of Canada.
2.7893 Guest Cabin: See Sleeping Cabin.
2.94
Guest Room: means a room or suite of rooms used or maintained for the accommodation of the
public, which contain no cooking facilities.
2.7995 Height: means, when used with reference to a building, the vertical distance between the average
grade at the front of a building and, in the case of:
(a) a flat roof - the highest point of the roof surface or the parapet, whichever is greater;
(b) a mansard roof - the deck roof line;
(c) a gable, hip or gambrel roof - the mean distance between the eaves and the ridge; and,
Page 12
(d) an "A"-frame construction - one and one half times the mean distance between the eaves and
the ridge.
2.8096 Highwater Mark: means the normal water mark of any water at the time of the original survey of
the Township unless altered by the construction of a dam or dams belonging to any municipal,
provincial or other public authority, in which case the measurement shall be from the highwater
mark as controlled by such dam or dams and in the case of Lake Manitouwabing and Robinson
Lake, the highwater mark shall be defined as 240 metres G.S.C.
2.97
Holding: means a symbol attached to a zone or symbol identifying lands that have an established
land use but have a requirement for tasks to be undertaken prior to any use being undertaken on
the affected property.
2.8198 Home Industry: means a gainful occupation including an animal hospital, electrical, woodworking,
window frame, welding, plumbing, machine or auto repair shop, service shop, or blacksmith,
conducted in whole or in part in an accessory building to a single detached dwelling house, provided
that:
a)
there is no external advertising other than a sign erected in accordance with any by-laws of the
Township regulating signs;
b)
there is no external storage of goods, materials or equipment;
c)
such home industry is not an obnoxious use, business or manufacture;
d)
such home industry is clearly secondary to the main residential use and does not change the
residential character of the dwelling unit or lot;
e)
not more than two persons, other than the owner, are employed therein on a full-time basis; and,
f)
the lot shall be not less than 60 metres of frontage and 0.5 hectares of area.
2.8299 Home Occupation: means a gainful occupation including an office; arts/crafts studio; caterer;
barber; hairdresser; beautician; dressmaker; seamstress; tailor; photographer; studio of a teacher
of music; the arts or academic subjects; conducted in whole or in part in a dwelling or in an
accessory building to a single detached dwelling, provided that:
(a) there is no external display or advertising other than a sign, a maximum of 1 square metre,
erected in accordance with any by-laws of the Township regulating sign;
(b) there is no external storage of goods, materials or equipment associated with the use;
(c) such home occupation is clearly secondary to the main residential character of the single
detached dwelling and does not change the residential character thereof;
(d) the home occupation use shall not be an obnoxious use creating unacceptable levels of noise,
vibration, fumes, dust, odour, traffic, heat or glare outside the single detached dwelling within
which is contained nor should it interfere with other radio or television reception;
(e) home occupation uses that involve the sale of goods shall provide a minimum of one parking
space, in addition to that required by the single detached dwelling;
(f) any processing or manufacturing is limited to the manufacture of small mechanisms, assembly
of electronic instruments, packaging of small articles or construction of light objects and similar
such activities;
(g) not more than 45 percent of the floor area (which excludes the basement) may be used for the
home occupation anywhere in the dwelling, "including the basement"; and
(h) the sales area should be limited to one half (50 percent) of the floor area used for the home
Page 13
occupation use.
2.83100
Hospital, Public: means an institution as defined by the Public Hospitals Act, being Chapter
P40 of the Revised Statutes of Ontario, 1990, as amended from time to time.
2.84101
Hotel: includes a tourist establishment, other than a boarding house, catering primarily to
the travelling public by supplying overnight sleeping accommodation with or without meals.
2.102
Human Habitation: means a building, structure or any enclosure that is used for the occupation of
a person or persons on a permanent or temporary basis that includes areas for sleeping, sitting or
relaxing that may include appliances, cooking or refrigeration but does not include an area used
exclusively for the storage of goods or materials and does not include any attic, crawl space or
unfinished basement.
2.85103
Hunting Camp: means any land or buildings which is used solely for the incidental
habitation of persons angling or hunting wildlife.
2.86104
Institution: means any building or structure or part thereof used for a non-commercial
purpose by any organization, group or association for the promotion of charitable, educational or
benevolent objects but it does not include a private club, mental health centre or place of detention.
2.87105
Institutional Use: means pertaining to, or characteristic of an institution.
2.88106
Island: means a parcel of land which is capable of being conveyed and which is entirely
surrounded by water.
2.89107
Kennel: includes a place where dogs and/or other animals, other than livestock, are bred
and raised, or are sold or kept for sale, boarded or trained.
2.90108
Kitchen: means a room or part of a room where food is stored or prepared or cooked, and
which has cooking appliances.
2.91109
Landfill Site: includes a waste disposal site or dump where waste is deposited with or
without cover material being applied for which a Certificate of Approval has been issued under the
Environmental Protection Act.
2.110
Landscaping: means any combination of trees, shrubs, flowers, grass or other horticultural
elements, together with decorative stonework, paving, screening or other architectural elements,
all of which is designed to enhance the visual amenity of a property and to provide a screen to
mitigate any objectionable aspects that may detrimentally affect adjacent land.
2.92111 Lane: means a public thoroughfare which affords a secondary means of access to abutting lots,
but which does not include a street, private road, right-of-way or road allowance.
2.93112 Laundromat: means a place where laundry is washed and dried in coin-operated automatic
machines.
2.94113 Library: means a building or room housing a collection of books, pamphlets, etc,; esp., such a
collection arranged to facilitate reference.
2.114
Light Industry: means a premises used for the purpose of manufacturing or processing located
entirely within a building.
2.95115 Lodge: includes a tourist establishment that has facilities for serving meals and furnishes
equipment, supplies or services to persons in connection with angling, hunting, camping or
recreational purposes.
2.96116 Lot: means a single, separate parcel of land, which is capable of being conveyed, whether such
a parcel is described in a registered deed or is shown in a registered plan of subdivision, including
any of its parts which are subject to right-of-way or easement.
Page 14
2.97117 Lot Area: means the total horizontal area within the lot lines of a lot. In the case of a corner lot
having a sight triangle or having street lines rounding at the corner with a radius of 6 metres or
less, the lot area of such lots shall be calculated as if the lot lines were extended to their point
of intersection.
2.98118
Lot, Corner: means a lot situated at the intersection of and abutting upon two or more roads
provided that the angle of intersection of such roads is not more than 135 degrees.
2.99119
Lot Coverage: means the percentage of the lot area covered by buildings and structures,
including a private garage and accessory buildings, but not including buildings located over the
Crown lake bed or uncovered structures.
2.100120 Lot Depth: means the horizontal distance between the front and rear lot lines. Where the front
and rear lot lines are not parallel, it shall be the length of a straight line joining the mid-points of
these lines. Where the side, front and rear lot lines are not determinable, the lot depth shall be
the maximum separation between any two points on the boundary of the lot.
2.101121 Lot Frontage: means the horizontal distance between the side lot lines measured along the
front lot line, but where the front lot line is not a straight line, or where the side lot lines are not
parallel, the lot frontage is to be measured either by a line equal to the minimum front yard
measured back from and parallel to the chord of the lot frontage, or by the chord of the lot
frontage, whichever is the greater.
For the purpose of this paragraph, the chord of the lot frontage is a straight line joining the two
points where the side lot lines or the lines, as defined in Section 2.102, extending from the side
lot lines intersect the front lot line.
Where the side, and/or front and/or rear lot lines are not determinable, the lot frontage shall be
the distance of the maximum separation between any two points on the boundary of the lot.
2.102122 Lot Line: means any boundary of a lot or the vertical projection thereof.
2.123
Lot Line - Exterior Side: means a lot line located between the front and rear lot lines and
dividing the lot from a public road or road allowance.
2.103124 Lot Line, Front: means, in the case of an interior lot, the line dividing the lot from the road. In
the case of a corner lot, the shorter lot line abutting a road shall be deemed to be the front lot
line and the longer lot line abutting the road shall be deemed to be a side lot line. In the case
of a lot with water frontage on a navigable waterway, the front lot line shall be the highwater
mark of such waterway. In the case of a lot fronting on a road allowance or Crown Reserve
along the shore of a navigable waterway, the front lot line shall be measured between the points
where two straight lines extended from the intersection of the side lot lines with the inner limit of
that shoreline road allowance or Crown Reserve intersect at an angle of 90 degrees with the
highwater mark. In the case of a through lot, the lot line where the principal access to the lot is
provided shall be deemed to be the front lot line.
2.104125 Lot Line, Rear: means the lot line opposite the front lot line.
2.105126 Lot Line, Side: means any lot lines other than the front lot line and the rear lot line.
2.106127 Lot, Through: means a lot either bounded on two opposite sides by road or by navigable water.
2.107128 Machine or Welding Shop: means a building or structure where manufacturing is performed by
tradesmen requiring manual or mechanical skills and may include a carpenter's shop, a
locksmith's shop, a gunsmith's shop, a tinsmith shop, a commercial welder's shop or similar
uses.
2.108129 Manufacturing Establishment: means an establishment in which the process of producing a
product is within the scope and meaning of the Statistics Canada, "Standard Industrial
Page 15
Classification Manual".
2.109130 Marina: means buildings, structures or lands, containing docking facilities and automobile
parking areas, where boats and boat accessories are built, stored, serviced, repaired or kept for
sale and where facilities for the sale of marina fuels and lubricants may be provided. Such an
establishment may include facilities for mooring, storing and fueling float-equipped aircraft.
2.110131 Minister: means the Minister responsible for the administration of the Planning Act.
2.111132 Mobile Home: means any dwelling that is factory made and designed to be made mobile
provided that it is constructed on a permanent foundation, having a minimum floor area of 60
square metres, and constructed or manufactured to provide a permanent residence for one or
more persons, but does not include a trailer otherwise designed.
2.112133 Mobile Home Park: means an area set aside for the use of mobile homes in which communal
sewer, water and hydro services are provided and in which community laundry, social, local
commercial and recreation facilities may be located, and which may be licensed for this purpose
by the Township.
2.134
Modular Home: means any dwelling that is designed in more than one unit and is designed to
be made mobile on a temporary basis, on a perimeter wall foundation and constructed or
manufactured to Building Code Standards to provide a permanent residence for one or more
persons, but does not include a mobile home, recreational travel trailer or recreational motor
vehicle as defined herein.
2.113135 Motel: includes a tourist establishment other than a boarding house, catering primarily to the
travelling public by supplying overnight sleeping accommodation with or without meals.
2.136
Motorhome: means any motor vehicle so constructed as to be a self-contained, self-propelled
unit, capable of being used for human habitation including eating, sleeping, relaxing for one or
more persons.
2.114137 Motor Vehicle: means an automobile, truck, motorcycle, motorized snow vehicle, and any other
vehicle propelled or driven other than by muscular power but does not include cars of electric or
steam railways, or other motor vehicles running only upon rails, or a traction engine, farm tractor,
self-propelled implement of husbandry or road building machine within the meaning of the
Highway Traffic Act.
2.115138 Municipal Garage: means any land, building or structure owned by the Corporation of the
Township of McKellar or the Province of Ontario and used for the storage, maintenance and/or
repair of material, equipment, machinery and/or motor vehicles used in connection with civic
works.
2.116139 Museum: means a place or building for preserving and exhibiting works of art, scientific objects,
curiosities, etc.
2.117140 Navigable: means any body of water which is capable, in its natural state or normal water level,
of being navigated by floating vessels of any description for the purposes of transportation,
recreation or commerce so long as such navigation does not negatively impact the aquatic
environment of that body of water. It also includes a canal and any other body of water created
or altered for public use as a result of the construction of any work, as well as any waterway
where the public right of navigation exists by dedication of the waterway for public purposes or
by the public having acquired the right to navigate through long use.
2.118141 Nursery or Commercial Greenhouse: means a building or structure, and lands associated
therewith, for the growing of flowers, fruits, vegetables, plants, shrubs, trees or similar vegetation
together with gardening tools and implements which are sold at retail from such building or lot
to the general public.
Page 16
2.119142 Nursing Home: includes a home as defined by The Nursing Homes Act for Ontario for the care
of elderly or chronically ill persons.
2.120143 Nursery School: includes a day nursery within the meaning of The Day Nurseries Act for
Ontario.
2.121144 Obnoxious Use: means any use that causes or may cause harm or discomfort to any person or
any use that impairs the natural environment that would affect the safety or enjoyment of any
adjoining property owner.
2.122145
Original Road Allowance: means the 20 metres wide allowance for road or reserve along the
shore of navigable streams, rivers and lakes identified in the original survey of the abutting
lands.
2.123146
Park, Private: means any open space or recreational area, other than a public park, owned
and operated or maintained in whole or in part for profit by a private club or fraternal
organization for members only, and may include therein one or more swimming, wading and
boat facilities, picnic area, ski area, gardens or refreshment rooms.
2.124147
Park, Public: means any open space or recreational area, owned or controlled by the Township
or any other Authority established under any statute of the Province of Ontario and may include
one or more athletic fields, field houses, community centres, bleachers, swimming pools,
greenhouses, botanical gardens, zoological gardens, bandstands, skating rinks, tennis-courts,
bowling greens, boat liveries, bathing stations, curling rinks, refreshment rooms, fair grounds,
arenas, tent or trailer camps or parks, golf courses or similar uses.
2.125148
Parking Area: means an area provided for the parking of vehicles and may include aisles,
parking spaces and related ingress and egress lanes or a private garage, but does not include
any part of a public road or street.
2.126149
Parking Lot: means a parking area operated by either a private or public organization for public
use.
2.127150
Parking Space: means an area of not less than 18 square metres, exclusive of any aisles or
ingress and egress lanes, usable for the temporary parking or storage of motor vehicles, and
may include a private road.
2.128151
Person: means a person as defined in The Interpretation Act for Ontario.
2.129152
Pit or Quarry: means any pit or excavation made for the purpose of searching for, or the
removal of, any soil, earth, clay, marl, sand, gravel or rock for commercial purposes but does
not include an excavation incidental to the construction or alteration of a building for which a
permit has been granted or a wayside pit as defined in this By-law.
2.130153
Place of Entertainment: means a building, lot or structure for a motion picture or other theatre,
arena, curling rink, auditorium, public hall, billiard or pool room, bowling alley, ice or roller
skating rink, dance hall or music hall, but does not include any place of entertainment or
amusement otherwise defined or classified.
2.131154
Point of Intersection: means the point at which two street lines abutting a corner lot intersect
or if the two street lines meet in a curve then it is the point at which the production of the two
lines abutting the two streets intersect.
2.132155
Portable Asphalt Plant: means a facility:
a) with equipment designed to heat and dry aggregate and to mix aggregate with bituminous
asphalt to produce asphalt paving material, and includes stockpiling and storage of bulk
materials used in the process; and,
b) which is not of permanent construction, but is designed to be dismantled and moved to another
Page 17
location as required.
2.133156 Post Office: means any local office, building, structure or place that receives, sorts and delivers
mail, sells stamps, etc.
2.157
Privy: means a class of septic system that includes a building or structure that contains a vault
where human waste is received and from which the waste is periodically removed.
2.134158 Provincial Highway: means a street under the jurisdiction of the Ministry of Transportation.
2.135159 Pumphouse: means a building or structure used to fence, wall in, or cover a hydraulic device
used to deliver, pressurize or store a private domestic water supply and accessory equipment or
tools.
2.160
Recreational Vehicle: means a vehicle which provides sleeping and other facilities for short
periods of time, while travelling or vacationing, designed to be towed behind a motor vehicle, or
self-propelled, and includes such vehicles commonly known as travel trailers, truck trailers, pick up
coaches, motorized campers, motorized homes or other similar vehicles and shall not include a
mobile home.
2.161
Rental Unit means a detached dwelling that is offered as a place of temporary residence, lodging
or occupancy by way of lease, rental agreement or similar commercial arrangement. A Rental Unit
does not include lodging found in any Tourist Commercial (C2) Zone, including a motel, hotel, rental
cottage, tourist cabin, bed and breakfast, nor does it include a property rented for two weeks or
less in any calendar year, and it excludes any rentals that exceed 28 consecutive days or more to
the same tenant, throughout all or part of a calendar year.
2.162
Resort: means a tourist establishment where accommodation in separate or multiple unit buildings
are offered to the touring or vacationing public together with any ancillary uses, buildings or
structures.
2.136163
Restaurant: includes a building or a part of a building where food is offered for sale or sold
to the public for immediate consumption therein, with or without a license to sell alcoholic spirits
and includes any appurtenant outdoor patios intended or designed for restaurant purposes.
2.137164
Restaurant, Take-Out: means a lot and/or building or structure or part thereof where
refreshments, food or meals are served to the public in consideration of payment, specializing in
fast food preparation, the provision of take-out service and/or the dispensing of meals by means
other than individual table attendants.
2.138165
Retail Store: see Store, Retail.
2.139166
Riding Stable: means an area of land which is used for horse training, handling, care, or
for the lodging of horses.
2.140167
Road, Private: means any roadway or openway that allows for the passage of a
conventional passenger vehicle, but does not include a public road or public highway as defined in
the Municipal Act.
2.168
Rooming House: see Boarding House.
2.141169
Salvage Yard: means land or buildings used for a wrecking yard or premise, the keeping
and/or storing of used motor vehicles, farm implements, building products, waste paper, rags,
bones, bottles, bicycles, tires, old metal, other scrap material or salvage and where such materials
are bought, sold, exchanged, baled, packed, disassembled or handled for further use.
2.142170
Satellite Dish: means a structure used or intended to be used to receive broadcast signals
from satellites.
2.143171
Sauna: means a building that is used for steam or dry heat baths, and not for human
Page 18
habitation.
2.144172
Saw Mill: means an establishment for sawing logs with power-driven machinery including
portable machinery and facilities.
2.145173
School: means a school under the jurisdiction of a Board as defined by the Ministry of
Education or Ministry of Colleges and Universities.
2.174
Septic System: means an underground wastewater treatment system that biodegrades the waste
and water that comes from the household plumbing.
2.146175
Service Shop: includes a building or part of a building, whether used in conjunction with a
retail store or not, for the performance of personal services such as a barber shop or beauty parlour,
or for the servicing or repairing of articles, goods or materials, in which no product is manufactured.
2.147176
Service Station: means one or more pump islands, each consisting of one or more gasoline
pumps, and a shelter having a floor area of not more than 2.5 metres, which shall not be used for
the sale of any product other than liquids and small accessories required for the operation of motor
vehicles, but shall not include any other establishment otherwise defined or classified in this By-
law.
2.148177
Setback: means the open, uncovered and unoccupied horizontal distance appurtenant to
a building or structure.
2.178
Shipping Container: means a container with strength suitable to withstand shipping, storage and
handling made from steel or other metals used for intermodal shipments and is considered an
accessory building or structure.
2.149179
Shop, Variety or Grocery: means a building or structure used for the performance of retail
services provided that no repairing or manufacturing of articles, goods or materials is permitted in
such building or structure.
2.150180
Shoreline: means the point where the water meets the land regardless of the original or
high water mark.
2.181
Short Term Rental: means a rental unit that is offered for rent for less than 28 days
2.182
Sight Triangle: means the triangle space formed by two intersecting street lines and a line drawn
from a point in one street line to a point in the other street line, each point being 12 metres measured
along the street line from the point of intersection of the street lines.
2.183
Site Plan: means a scaled drawing prepared to illustrate the relation between the lot lines and the
uses, buildings or structures existed orproposed on a lot, including such details as parking area,
driveways, walkways, landscaped areas, building area, minimum yards, building heights,floor area,
densities and areas for special uses.
2.151184
Slaughterhouse: means a place, building or structure where animals are butchered.
2.152185
Sleeping Cabin: means a building for overnight accommodation which is accessory to a
single detached dwelling and which contains no provisions for cooking and is greater than 10
square metres in floor area.
2.153186
Storage Building: means when referring to a principal use on a lot, a one storey building
not exceeding 4 metres in height, having a ground floor area greater than 10 square metres and a
maximum ground floor area of 11.520 square metres to be used for the storage of property
maintenance equipment and not for human habitation but does not include a tent or trailer as
defined in this By-law.
2.154187
Storage Terminal, Truck or Bus: means any building or land where trucks or buses are
rented, leased, kept for hire, stored or parked for commercial purposes.
Page 19
2.155188
Store, Retail: includes a building or part of a building where commodities or goods are sold
to ultimate consumers for personal or household consumption.
2.156189
Storey: means the portion of a building other than the basement, cellar or attic which lies
between the surface of the floor and the surface of the next floor above it, or if there is no floor
above it, then the space between such floor and the ceiling or roof next above it, or in the case of
a boathouse, then the space between such floor and roof.
2.157190
Storey, One Half: means the portion of a building situated wholly or in part within the roof
and in which there is sufficient space to provide a height between finished floor and finished
dwelling of at least 2 metres over a floor area equal to at least 50 per cent of the area of the floor
next below.
2.158191
Street: means a public highway or public road which affords the principal means of access
to abutting lots but does not include a lane, private road, right-of-way or unopened road allowance.
2.159192
Street Line: means the dividing line between a lot and a street or a road.
2.160193
Structure: means anything constructed or erected, other than a building, and for the
purposes of this By-law, shall include a tennis court, a vehicle or a boat but does not include a
septic tile field.
2.194
Sundeck: means a non-roofed structure designed for lounging or sunbathing.
2.195
Tavern: see Hotel, Motel and Restaurant, Licensed defined herein.
2.161196
Tennis Court: includes a flat structure, whether such structure is made of natural materials
or not, that may or may not be elevated above the ground on which the game of tennis or other
racquet sports are played, and which is surrounded by a fence.
2.162197
Tent: means any kind of temporary shelter for sleeping that is not permanently fixed to
land and that is capable of being easily moved, but does not include a structure.
2.198
Tiny Home: means a dwelling that is less than 35 square metres.
2.163199
Tourist Establishment: includes buildings, structures or uses operated to provide sleeping
accommodation for the travelling public or sleeping accommodation for the use of the public
engaging in recreational activities, and includes the services and facilities in connection with which
sleeping accommodation is provided, and includes lodges, rental cottages, trailer parks, a camping
establishment, a hotel, a motel, and other similar uses, as defined in this By-law, as amended, for
the Township of McKellar, but does not include fractional development project use, condominium
use, and other similar uses, as defined in this By-law, as amended, for the Township of McKellar.
2.164200
Township: means the Corporation of the Township of McKellar.
2.165201
Tradesman Shop: means a yard of any tradesman where equipment and material are
stored or where a tradesman performs shop or assembly work but does not include any other yard
or establishment otherwise defined or classified herein.
2.166202
Trailer: means any vehicle less than 60 square metres so constructed that it is suitable for
being attached to a motor vehicle for the purpose of being drawn or propelled by the motor vehicle,
and is capable of being used for the living, sleeping or eating accommodation of persons,
notwithstanding that such vehicle is jacked-up or that its running gear is removed.
2.167203
Trailer Park: means a tourist establishment that has an area that may be licensed by the
Township which is set aside for trailers which are being used for travel, vacation or recreational use
on a seasonal basis where community laundry, social, local commercial and recreational facilities
may be located, and where mobile homes are not permitted.
Page 20
2.168204
Transfer Station: means a parcel of land and/or structure used for the collection of waste
for a temporary time until such waste may be transported but does not include a waste disposal
site or landfill site.
2.205
Transportable Prefabricated Dwelling Unit: means a single detached dwelling unit 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.
2.206
Truck or bus storage terminal: means a building structure or place where trucks, busses or
transports are kept for hire, parked or stored."
2.169207
Use: means the purpose for which a site or structure is arranged, designed, intended,
constructed, moved, erected, altered or enlarged or for which either a site or structure is or may be
occupied and maintained.
2.170208
Use, New: means any use that goes beyond those existing general commercial
establishment uses and their identified permitted as-of-right uses, existing tourist commercial
establishment uses and their identified permitted as-of-right uses, and existing special provisions
permitting uses of a tourist commercial nature, along with their permitted as-of-right uses, zoned in
this By-law, as amended.
2.171209
Use, Permitted as-of-right: means a use which is listed as a "permitted use" in any given
zone in this By-law. Such use shall be allowed to be established within that zone, subject solely to
the specific requirements of this By-law, as amended.
2.172210
Use, Prohibited: means any use not specifically listed/permitted or permitted by special use
permit in this By-law, as amended, is prohibited.
2.173211
Vehicle: means a vehicle as defined in the Highway Traffic Act.
2.174212
Warehouse: means a building or part of a building used for the storage and distribution of
goods, wares, merchandise, substances or articles and may include facilities for a wholesale or
retail commercial outlet, provided that they do not exceed 10 percent of the gross floor area, but
shall not include a truck or transport terminal or yard.
2.175213
Waste Disposal Site: means any land or land covered by water upon, into, in or through
which, or building or structure in which, waste is deposited or processed and any machinery or
equipment or operation required for the treatment or disposal of waste and for which a Certificate
of Approval has been secured from the appropriate government authority.
2.214
Waterlot: means land that is permanently or seasonally inundated with water and includes
patented or Crown lands that have been authorized for public, private or commercial use by the
Ministry of Natural Resources and Forestry and that are capable of being surveyed.
2.176215
Water Supply: means a distribution system of underground piping and related storage,
including pumping and purification appurtenances owned and operated by the Township or the
Provincial Government for public use.
2.177216
Wayside Pit: means a temporary excavation from which sand, gravel or earth fill material
is removed by:
a) a public authority or their agent for its own use in maintaining local roads and highways and for
landfill sites;
b) the owner of a lot having an area of at least two hectares for his own personal use; or,
c) someone issued a quarry permit from the appropriate government authority to extract sand or
Page 21
gravel from Crown land.
2.217
Wetland: means lands that are seasonally or permanently covered by shallow water, as well as
lands where the water table is close to or at the surface. In eithercase the presence of abundant
water has caused the formation of hydric soils andhas favoured the dominance of either hydrophytic
plants or water tolerant plants. The four major types of wetlands are swamps, marshes, bogs and
fens.
2.178218
Wildlife Habitat: means areas of the natural environment where plants, animals, and other
organisms, excluding fish, survive in self-sustaining populations, and from which they derive
services such as cover, protection, or food.
2.179219
Yard: means the open, uncovered and unoccupied horizontal space appurtenant to a
building.
2.180220
Yard, Front: means a yard extending across the full width of the lot between the front lot
line of the lot and the nearest part of any building or structure on the lot, with the exception of any
encroachment permitted by this By-law.
Where there is no front lot line, the front yard is to be measured from a point set back 10 metres
from the centre line of the travelled road to the nearest part of any building on the lot, with the
exception of any encroachments permitted by this By-law.
2.181221
Yard Depth, Front: means the least distance between the front lot line of the lot and the
nearest part of any building or structure on the lot, with the exception of any encroachment
permitted by this By-law.
2.182222
Yard, Rear: means a yard extending across the full width of the lot between the rear lot
line of the lot and the nearest part of any building or structure on the lot, with the exception of any
encroachment permitted by this By-law.
2.183223
Yard Depth, Rear: means the least distance between the rear lot line of the lot and the
nearest part of any building or structure on the lot, with the exception of any encroachment
permitted by this By-law.
2.184224
Yard, Required: means the minimum yard required by the provisions of this By-law.
2.185225
Yard, Side: means a yard extending from the side lot line of the lot to the nearest part of
any building or structure on the lot, with the exception of any encroachment permitted by this By-
law.
2.186226
Yard, Exterior Side: means a side yard immediately adjoining a road or a 0.3 metre reserve
abutting a road.
2.187227
Yard, Interior Side: means a side yard other than an exterior side yard.
Page 22
SECTION 3 - GENERAL PROVISIONS
3.01
Zones
For the purpose of this By-law, the following Zones are established and are shown on the various
sheets comprising the five schedules of this By-law being Schedules 1, 1A, 2, 3 and 4:
Zone
Zone
Symbol
RURAL
RU
RURAL
RR
RESIDENTIAL
MULTIPLE
RM
RESIDENTIAL
WATERFRONT
WF1
RESIDENTIAL 1
WATERFRONT
WF2
RESIDENTIAL 2
WATERFRONT
WF3
RESIDENTIAL 3
WATERFRONT
WF4
RESIDENTIAL 4
WATERFRONT
WF5
RESIDENTIAL 5
GENERAL COMMERCIAL
CONTRACTOR
C1.1
COMMERCIAL
GENERAL
C1.2
COMMERCIAL
RETAIL
C1.3
COMMERCIAL
MARINE
C1.4
COMMERCIAL
AUTOBODY
C1.5
COMMERCIAL
TOURIST
C2
COMMERCIAL
Page 23
Zone
Zone
Symbol
TOURIST
C2M
COMMERCIAL
MARINE
TOURIST
C2MR
COMMERCIAL
MARINE RESTRICTED
INDUSTRIAL
M1
INDUSTRIAL PIT
M2
LANDFILL
M3
OPEN SPACE PARKS OS
WASTE DISPOSAL
WD
ENVIRONMENTAL
EP
PROTECTION
FLOOD PLAIN
FP
and no person shall use land or erect, alter or use any building or structure except in accordance
with the provisions of this By-law.
3.02
Zone Boundaries
a) Where the boundary of a zone does not coincide with a road or railway right-of-way, a lot line,
the boundaries of registered plans, or a natural feature such as a creek, stream or shoreline,
the location of the boundary line shall be scaled from the Zoning Maps - Schedules 1, 1A, 2,
3 and 4.
b) Schedules 1, 1A, 2, 3 and 4, the Zoning Maps have been prepared from geographic information
system parcel fabric from the West Parry Sound Geographic Network transferred from zone
symbols on the zoning schedules.
3.03
Accessory Uses
a) Where this By-law provides that land may be used or a building or structure may be erected,
altered or used for a purpose, that purpose shall be deemed to include any accessory building
or structure or any use incidental thereto. Subject to the provisions of this By-law, an accessory
building, structure or use may only be established once the main building, structure or use has
been established.
b) Except as may be provided elsewhere in this By-law, any accessory building or structure which
is not attached to the main building shall be erected behind the front line of the main building
or shall comply with the front yard requirements of the zone in which the main building is
situated whichever is the lesser. Such accessory buildings and structures shall not occupy
more than 5 percent of the lot area.
c) Notwithstanding sub-paragraph (b) above, a dock, marine railway, a pump house, wharf or
gazebo may be located in the front yard, side yard, rear yard or adjoining lakebed, where a
lot abuts a navigable waterway, provided that the approval of any other governmental
authority having jurisdiction has been obtained and subject to all other applicable provisions
of this by-law.
Page 24
d) Where an accessory building is used for a home industry as defined in this By-law, such
buildings shall be located on the lot at a setback from any abutting road or street 7.515 metres
greater than the front yard required by this By-law for the main building on the lot.
e) The use of any accessory building or structure other than a sleeping cabin for human habitation
is not permitted, except where a dwelling unit is a permitted accessory use. The use of any
accessory building or structure for the keeping of animals, other than domestic pets, is not
permitted in any Rural Residential or Waterfront Residential Zone unless specifically authorized
by the provisions of the zone and except as provided for in a farm use under Section 3.09.
f)
Notwithstanding sub-paragraph a), b), c), d) and e) above, no accessory buildings, structures
or uses are permitted on a lot where the principal use on the lot is a storage building, except
for a privy.
g) Portable structures including storage containers are permitted accessory structures subject to
complying with the above provisions. In the Rural Residential and Waterfront Residential
Zones, only one shipping container up to 6 metres in length is permitted on a property subject
to a 10 metre front yard.
h) Notwithstanding any provision in this By-law, any accessory building must be a minimum of 1.2
metres from any other building on a lot.
Shipping containers in Waterfront (WF) and Rural Residential (RR) Zones must be a minimum
of 7.5 metres from a lot line and not exceed 15 square metres in area.
i)
Portable structures including shipping containers are permitted accessory structures subject to
complying with the above provisions. In the Rural Residential (RR) and Waterfront Residential
(WF) Zones, only one shipping container up to 6 metres in length is permitted subject to a
minimum 10 metre front yard.
3.04
Application of By-law
This By-law applies to all lands within the Township.
Notwithstanding the provisions of Section 3.02, where any zone on the Schedules abuts a
waterway, such Zone shall be deemed to extend into the waterway and to apply to any water lots,
Crown lake bed or any land created by changing lake levels, land fill operations or by any other
means, and to extend over all docks, boathouses, breakwalls, groins, seawalls, cribs, anchorages
and floating or buoyant structures, boats or barges whether or not they are fastened to the
shoreline, beached or anchored to the Crown lake bed.
No building or structure shall be erected, altered or used, and the use of any building, structure or
lot shall not be changed in whole or in part except in conformity with the provisions of this By-law.
3.05
Automobile Service Station or Public Garage
Notwithstanding the provisions of this By-law, a pump island may be located within any front yard
or exterior side of an automobile service station or public garage, provided that:
a) the minimum distance between any portion of the pump island and any lot line shall be 6
metres; and,
b) where the lot is a corner lot, no portion of any pump island shall be located closer than 4 metres
to the base of a sight triangle.
3.06
Bed and Breakfast
a) No bed and breakfast shall contain more than three rental bedrooms or guest rooms.
Page 25
b) The provisions of a home occupation shall apply to bed and breakfasts; and
a)c) No bed and breakfast can be located closer than 0.5 kilometres from an existing bed and
breakfast in a waterfront designation.
3.0607 Boathouses, Boat Ports
In addition to Section 3.03(b), a boathouse or a boat port is a permitted accessory use which may
be located in any yard of a lot excepting that part of the front yard 2 metres back from the high
water mark and the front building line which abuts a navigable waterway provided that:
a) approval for the occupation of the Crown lake bed for the boathouse or boat port has been
obtained from any government authority having jurisdiction;
b) the boathouse or boat port is not located closer than 6 metres to the side lot line, including the
straight line extension of the said lot line into the water;
c) the boathouse is not used for human habitation and no plumbing fixtures are permitted;
d) in the case of a lot zoned for residential use, the design of any boathouse or boat port shall be
limited to one storey; and,
e) in the case of a lot zoned for residential use, no boathouse or boat port can occupy an area
exceeding two percent of the lot area or 100 square metres, whichever is the lesser.
f)
in the case of a lot zoned for residential use in a waterfront zone, a boathouse or boat port is
permitted only if the lot has a minimum frontage of 90 metres;
g) in the case of a lot zoned for residential use, the height of boathouse or boat port may not
exceed 6.0 metres measured from the high water mark.
h) in the case of a lot zoned for commercial use, the height of a boathouse or boat port may not
exceed 8.0 metres measured from the high water mark.
Subparagraphs (a), (b) and (c) are to apply to boathouses in commercial zones.
Bridges, Causeways and Watercrossings
Any bridge spanning or crossing a navigable waterway or two points of land will require approval
under the Bridges Act where applicable. No person shall use any lot adjacent to a waterway for the
purpose of erecting a structure or placing material for the construction of a roadway, walkway,
bridge or causeway to join two lots, islands and/or parcels separated by navigable water without
obtaining the appropriate authorization from any government authority having jurisdiction.
3.0708 Buffer Areas
Anywhere in this By-law where a buffer area is required it shall consist of an area to remain in its
natural state where native vegetation is to remain undisturbed except for: pathways; the removal
of dead or hazardous trees; or the thinning of trees for views.
3.08
Building Repair and Reconstruction
3.08.1 Non-Complying Lots
(a) Where a dwelling unit or units legally existed on a lot with inadequate frontage, depth or area
requirements, it may be enlarged provided there is compliance with all applicable provisions of
this By-law.
(b) A dwelling unit is permitted use on a lot having less area, frontage and depth required by this
By-law provided there is compliance with all applicable provisions of this By-law.
Page 26
3.08.2 Non-Complying Buildings
(a) Where a dwelling or accessory building legally exists on a lot zoned WF1 to WF5, the RR and
RU Zones inclusive and that dwelling does not comply with the yard, height or coverage
requirements of this By-law, nothing shall prevent the repair or reconstruction of that dwelling
or accessory building so long as the repair or reconstruction does not further contravene the
yard, height or coverage requirements of this By-law and further provided that any
reconstruction is located on the same footprint as the existing dwelling or accessory building.
(b) if the building is a dwelling in other than a residential zone, it shall comply with all of the
requirements set out in the Rural (RU) Zone.
(c) if the building is removed by the owner through the issuance of a demolition permit, the
replacement of any building with an increased footprint or total floor area must comply with the
yard requirements of this By-law.
(d) Extensions of Existing Buildings Encroaching Upon Yards
Notwithstanding the yard provisions of this By-law, the extension of any legal non-conforming
building which has less than the required yard requirements is allowed, provided that such
extension does not further contravene the yard provisions of this By-law.
3.09
Buildings to be Moved
No building or structure which would have required a building permit for its construction shall be
moved to any location within the Township without the issuance of a building permit from the
Township. This requirement does not apply to the temporary removal or placement of a floating
dock or docks for winter storage.
3.10
Certificate of Occupancy
No change may be made in the type of use of any lot covered by this By-law or of any building or
structure on any such lot or of any part of such lot, building or structure, until a Certificate of
Occupancy has been issued by the Municipality to the effect that the proposed use complies with
this By-law.
3.1011 Continuation of Farming Use
Nothing in this By-law shall prevent the continued use of any land, building or structure for farming
purposes or any addition or extension of such use provided that any such additions or extensions
shall comply with the requirements of the Rural (RU) Zone as to coverage, yard and height
provisions. Notwithstanding the requirements of the Rural (RU) Zone, any accessory farm buildings
are subject to a minimum yard of 30 metres.
3.12
Decks and Docks
a) Notwithstanding the yard and setback provisions of this By-law, attached unenclosed porches,
balconies, decks, steps and patios, may project into any required yard a maximum distance of
4.0 metres if it is not covered and 2.0 metres if it is covered, but not closer than 1.2 metres to
any lot line. Where the floor of any porch, balcony, or deck is more than 2.0 metres above the
average grade, the side yard and rear yard setback requirements for the main building shall
apply to the porch, balcony or deck.
b) A detached, open- air deck including steps is permitted within the front yard provided that the
deck is less than 30 square metres and that the height of the floor of the deck is less than 2
metres above the average grade.
c) In a residential zone, a single dock is a permitted accessory structure subject to the following
Page 27
additional regulations:
i)
The maximum length of a dock should not exceed 15 metres or 25% of the width of
the channel whichever is more restrictive;
ii) The cumulative width of a dock, including fingers, cannot exceed 10 metres;
iii) The maximum area of a dock including ramps shall not exceed 60 square metres
(decking area of dock only) excluding any docks adjacent to boathouses); and
iv) Permission is obtained from any government organization having approval authority.
d) In a tourist commercial zone, a dock is a permitted structure subject to:
i)
obtaining authority from the Crown for a water lot if applicable;
ii) the maximum length of a dock not exceeding 20 metres or 25% of the width of the
channel whichever is more restrictive;
iii) a maximum area of any waterlot devoted to docks and slips not to exceed 10 percent
of the adjacent lot area, not occupy more than 50 percent of the lot frontage up to a
limit of 4000 square metres (includes lake surface area between dock slips);
iv) an increased side yard to 6 metres where the commercial lands abut a residential zone;
and
v) permission being obtained from any relevant government agency.
3.13
Dredging and Filling
No person shall dredge or fill any lands or navigable waterway or in an Environmental Sensitive
Area Zone unless:
a) authorized by the provisions of this By-law;
b) the lands or waters are zoned in a Commercial Zone or in a Pit and Quarry Zone;
c) for the purposes of satisfying septic system requirements.
All dredging and filling must be authorized by and a permit obtained from the appropriate
government authority.
3.1314 Dwelling Unit in Non-Residential Building or Lot
No person shall use any land, or erect, alter or use any building or structure for the purpose of a
separate dwelling unit or units on a lot in a C1.1, C1.2, C1.3, C1.4, C1.5, C2, M1 or an M2 zone,
unless the following provisions are met:
a) Up to two single dwelling units, including a mobile home, are permitted for personal use of the
owner, operator or an employee of the non-residential use, provided that each unit has a water
supply and sewage system which has been approved by the local approval authority.
b) The dwelling unit or units has a minimum floor area in accordance with the requirements of the
Building Code Act, and amendments thereto.
c) The dwelling unit or units has separate washroom and kitchen facilities from those of the non-
residential use.
d) Each dwelling unit shall have a separate parking space in addition to the parking spaces
Page 28
otherwise required for the non residential use(s).
e) The dwelling unit or units shall have a separate building entrance to that provided for the non-
residential use.
f)
The gross floor area of the residential portion of a non-residential building in a Commercial or
Industrial Zone shall not exceed 50 per cent of the total floor area.
Notwithstanding the provisions of this By-law, no dwelling unit shall be located in a non-residential
building that is used for an Automobile Service Station or a Public Garage.
3.15
Extensions of Existing Building's Encroaching Upon Yards
Any legal non-conforming structure that encroaches upon a required yard may be enlarged
subject to the provisions of this by-law and provided that such enlargement does not further
encroach upon the required yard.
3.1516 Flood Plain Requirements
No building or structures which are to be used for human habitation shall be permitted below the
theoretical flood elevation on the shores of any lakes.
3.1617 Frontage on Public Road or Street
No person shall erect any building or structure in any zone unless the lot upon which such building
or structure is to be erected fronts upon an open public highway maintained year-round by the
Township or public authority, except in:
a) a Waterfront Residential Zone, a dwelling unit may front on a navigable waterway, provided
that the side or rear yard has a minimum of 20 metres that directly abuts a public road, private
right-of-way or road allowance subject to a minimum right-of-way width of 10 metres this
provision does not apply to water access properties;
b) a Rural (RU) Zone, a hunt camp;
c) a commercial or industrial zone, the lot may front upon a private road or right-of-way having a
minimum width of 20 metres.
3.18
Garden Suites
A garden suite is a permitted use in any Zone that permits a residence subject to the landowner
entering into an agreement with the Municipality that deals with the following matters:
a) specifying the temporary nature of the garden suite including location restrictions on the
lot;
b) providing for the installation, maintenance and removal of the garden suite;
c) identifying the period of time that the garden suite may exist not to exceed 20 years; and
d) providing for a security deposit to cover the cost of administering the agreement and
ultimate removal of the garden suite.
3.19
Gazebo
Notwithstanding the front yard requirements of this By-law, a gazebo not exceeding 24 square
metres of floor area and a height of 4 metres may be located in the front yard subject to
complying with any required side yards.
Page 29
3.20
Golf Course
Notwithstanding the general or any other provisions of this by-law only existing golf courses are
permitted uses.
3.21
Group Homes
Group homes shall be permitted in all zones that allow residential uses, provided they are licensed
by the province and/or approved under Provincial Statutes and in compliance with municipal By-
laws. No group home shall be located closer than 800 metres in a straight-line distance to any other
group home.
3.1822 Greater Restrictions
This By-law shall not be effective to reduce or mitigate any restrictions lawfully imposed by a
governmental authority having jurisdiction to make such restrictions.
3.1923 Height Exceptions
A place of worship, spire, belfry, clock tower, chimney, farm building or structure, silo, water tank,
windmill, radio, radar or television tower or antenna or drive-in theatre screen may exceed the
height provisions.
3.24
Holding Provisions - 'H' Suffix
a) For the purposes of this by-law, any reference to the Holding or Holding symbols using
an "H" symbol relates to the procedures under section 36 of the Planning Act where the uses
permitted are to be suspended pending the removal of the "H" symbol by zoning by-law
amendment.
b) All zones shown on Schedule 'A' to this By-law having the suffix '(H)' symbol affixed to
the various zone symbols are subject to the provisions of this subsection.
c) Notwithstanding the permitted uses in any of the zones of the By-law, no person shall
within any lands having the suffix '(H)' symbol added to the standard zone symbols as
indicated on Schedule 'A' to this By-law, use any lot, erect, alter or use any building or
structure for any purpose except a single detached dwelling where a dwelling is a permitted
use. In addition, accessory buildings and structures to single detached dwellings are
permitted;
d) The Holding symbol "H" shall be removed when: the required servicing is completed; the
necessary agreements to allow for a development have been executed; or the investigations
of a special feature associated with a development have been completed.
3.25
Home Industry
No person shall engage in a permitted home industry, except in accordance with the following
provisions:
a) a maximum of four (4) persons may be engaged in the home industry.
b) such home industry may be located in part of a dwelling, or in any accessory building located
on a lot on which a dwelling is in existence, provided the total gross floor area utilized by the
home industry does not exceed a maximum of 300 square metres.
c) there shall be no outside storage of goods, materials or articles.
Page 30
d) only currently licensed motor vehicles associated with the home industry may be parked or
stored on the lot but only within an interior side or rear yard.
e) there shall be no emission of noise, odour or dust which is not normally attributed to the use of
the land for residential uses.
f) a home industry shall be clearly secondary to the main residential use and shall not change the
residential character of the dwelling on the lot.
g) the home industry shall comply with the following minimum lot area, yard and setback
provisions.:
i) minimum lot area 0.8 hectares (2.0 acres)
ii) minimum setback from all lot lines 30.0 metres (100 feet)
iii) minimum separation from dwelling in existence on another lot 100.0 metres (328 feet)
3.26
Home Occupation
Home occupations where permitted by this By-law, are businesses that are conducted entirely
within a residential dwelling on a residential property by persons residing therein subject to the
following provisions:
(a) the business must be clearly secondary to the residential use;
(b) there is no external display or advertising other than a sign erected in accordance with the
Municipality's sign by-law;
(c) there is no external storage of goods, materials or equipment;
(d) not more than 25 percent of the floor area of the residence is used for the home occupation
use;
(e) the business must be conducted by the persons residing in the residence with no more
than two employees on site;
(f) the provision of adequate parking;
(g) no noise, dust or other nuisances resulting from business; and
(h) in a WF1 through WF3 zone, the home occupation is limited to an office, accountant,
lawyer, hairdresser or any such similar business.
3.2027 Keeping of Animals
Subject to the provisions of this By-law, no person shall use any land, erect, alter or use any building
for the keeping of any exotic animals within any Residential Zone other than the keeping of
domestic pets.
3.2128 Kennels
Despite any provisions in this By-law to the contrary, commercial or boarding kennels shall only be
permitted in an Industrial, Commercial or Rural Zone. The minimum separation distance between
a kennel and any existing residential dwelling or any lot in a rural or residential zone shall be 150
metres.
3.2229 Lane as Yard
Where the rear lot line of a lot adjoins any portion of a lane, one-half of the width of that portion of
such lane may be considered part of the lot for the purpose of computing the area of the lot or the
Page 31
depth of any rear yard required under this By-law.
3.30
Legal Non-Conforming
a) In accordance with section 34(9) of the Planning Act, nothing in this by-law applies to
prevent the use of any land, building or structure for any purpose prohibited by the by-law
if such land, building or structure was lawfully used for such purpose on the day of the
passing of the by-law or a predecessor of this by-law so long as it continues to be used
for that purpose;
b) Nothing in this by-law shall prevent the repair, reconstruction or replacement of a building
or structure that is a legal non-conforming use, provided that such repair, reconstruction
or replacement does not further contravene the provision of the by-law and further that
any reconstruction is to occur on the same footprint of the non-conforming structure.
3.31
Lights
No person shall erect or use an outside light fixture in any zone except in conformity with the
provisions contained in any By-Law of the Municipality regulating such lights and in conformity with
the following provisions:
a) Flashing lights other than navigational lights are prohibited;
b) Lights shall not be erected or used in ways which might confuse or interfere with normal
navigation; and
c) Lights used to illuminate structures or property shall be arranged to direct light away from
adjacent premises, roads or waterways.
3.2332 Loading Space Regulations
a) Loading Space Requirements
The owner or occupant of any non-residential lot, building or structure erected or used for any
purpose involving the receiving, shipping, loading or unloading of persons, animals, goods,
wares and merchandise and raw materials, shall provide and maintain at the premises on the
lot occupied by the building or structure and not forming part of a street or lane, within the zone
in which such use is located, one loading or unloading space 10 metres long, 3.5 metres wide
for each 450 square metres of floor area of the building or structure and having a vertical
clearance of at least 4 metres provided, however, that adequate space shall be provided for
the parking of vehicles awaiting access to loading spaces. No loading space will be required
for buildings less than 450 square metres of floor area.
b) Access
Access to loading or unloading space shall be by means of a driveway at least 6 metres wide.
c) Loading Space Surface
The driveways, loading and unloading spaces shall be constructed and maintained with a
stable surface which is treated so as to prevent the raising of dust or loose particles and with
provisions for drainage facilities.
d) Location
The loading space or spaces required shall be located in the interior side or rear yard unless
set back from the street line a minimum distance of 25 metres.
e) When a building or structure has insufficient loading space at the date of passing of this By-
law to comply with the requirements herein, this By-law shall not be construed to require that
Page 32
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.
3.33
Lot Additions and Encroachments
A lot that is reduced in size by the granting of a consent for the purpose of facilitating an addition
of land to an abutting parcel shall be deemed to conform to the frontage, depth and area
provision of this By-law subject to the provisions of this By-law.
3.2434 Lots Having Less Area, Frontage or Depth Than Required
Where a lot having a lesser frontage, area or depth than is required by this By-law is:
(a) held under distinct and separate ownership from abutting lots on or before the date of passing
of this By-law;
(b) a lot on a registered plan of subdivision;
(c) a lot created as a result of a consent granted by the consent granting authority;
(d) created as a result of expropriation or other land acquisition by any authority having statutory
powers of expropriation; or
(e) a lot on a draft plan of subdivision approved on or before the passing of this By-law;
(f) and where such a lot has a frontage of at least 30 metres, and a depth of at least 60 metres,
or an area of at least 1,800 square metres, such lot shall be deemed to conform to the lot
frontage, lot depth and area requirements of this By-law.
Lots less than 1800 square metres existing on the date of the passage of this By-law, may be
eligible for a building permit subject to compliance with the yard and coverage requirements.
3.2535 Measurement of Lot or Island Area
For the purposes of calculating the lot area of any lot or island fronting on a navigable waterway,
the water level to be used shall be the high water mark.
3.2636 Minimum Distance Separation
a) No building shall be constructed in the Rural (RU) zone which does not comply with the
Minimum Distance Separation I (MDS I) and Minimum Distance Separation II (MDS II)
Formulas as calculated using the provincial Implementation Guidelines (Publication 707).
b) Setbacks for new dwellings from barns containing livestock, other than dwellings on the lot
containing the barn shall be in compliance with MDSI Formulae.
c) New barns or expansions to existing barns shall require setbacks in compliance with MDSII
Formulae.
3.37
Mining
No person shall use any land, or erect, alter or use any building or structure for the purpose of
extracting any minerals unless a permit has been issued under the Mining Act.
3.2738 Mobile Homes
A mobile home is a permitted use provided it complies with all current requirements of the Ontario
Building Code Act Regulations thereunder and amendments thereto so long as it is constructed on
a permanent foundation.
Page 33
3.2839 Multiple Zones
Where a lot is divided into more than one zone, each portion of the said lot shall only be used in
accordance with the provisions of the zone governing that portion. For example, the permitted uses
and building provisions related to coverage and yard requirements shall apply to each of the
respective zones on the lot.
3.2940 Non-Conforming Uses
Continuation of Existing Uses
The provisions of this By-law shall not apply:
a) to prevent the use of any land, building or structure for any purpose prohibited by this By-law if
such land, building or structure was lawfully used for such purpose on the day of the passing
of this By-law, so long as it continues to be used for that purpose; or,
b) to prevent the erection or use of any building or structure for which a permit has been issued
under the Building Code Act, prior to the day of passing of this By-law, for a purpose prohibited
by this By-law, so long as the building or structure when erected is used and continues to be
used for the purpose for which it was erected and provided the permit has not been revoked
under the Building Code Act.
c) for the purpose of this Section, any lawful dock used at the time of the passing of this By-law
shall be deemed to comply with this By-law.
d) the seasonal removal of docks does not affect their non-conforming status, provided they are
returned to their former location;
e) Residential Use in a Commercial Zone
Nothing in this By-law shall apply to prevent the alteration or enlargement of a residential
dwelling unit or units existing on the date of passing of this By-law in a Commercial Zone,
provided that the number of dwelling units is not increased and provided further that such
alteration or enlargement is subject to all applicable general provisions and zone standards of
the Rural Residential (RR) Zone.
f)
Ground Floor Area Less Than Required
Nothing in this By-law shall prevent an alteration being made to a permitted dwelling house,
which dwelling house existed at the time of passing of this By-law but which has a ground floor
area or dwelling unit area less than that required by this By-law, provided such alteration does
not contravene any other provisions of this By-law.
3.3041 Number of Dwelling Units on One Lot
Only one dwelling unit shall be permitted on a lot unless otherwise indicated. Exceptions to this
provision include:
i)
An additional dwelling unit in a separate building for the accommodation of a farm worker
and his family is permitted where the lot is greater than 25 hectares in area;
ii) Notwithstanding the above, a second dwelling unit is permitted on a residential lot that is
located in any WF1, WF2, or WF3 zone inclusive, provided that each main dwelling unit
has its own separate water supply and sewage disposal system approved by the authority
Page 34
and further provided that the second dwelling unit is a minimum of 60 metres from the main
dwelling unit and provided that each dwelling unit would be able to comply with the ot and
frontage requirements should a consent be granted; (This provision does not apply to lands
adjacent to Lorimer or Fairholm Lakes.)
iii) A converted dwelling or an accessory apartment where the lands are zoned Rural (RU) or
the Rural Residential (RR) zone
iv) A garden suite in accordance with the provisions of this By-Law;
v) An additional dwelling unit in an accessory or ancillary structure where there is no second
dwelling in the main dwelling but excluding any Waterfront Residential (WF) Zone; and
i)vi) Any secondary dwelling unit must have a separate entrance from the principal dwelling.
3.30.142 Secondary Dwelling Units
A secondary dwelling unit is permitted in the Rural (RU) Zone or the Rural Residential (RR) Zone
subject to:
a)
a maximum of one secondary dwelling unit per lot;
b)
confirmation that the septic system has capacity to accommodate the secondary dwelling
units;
c)
the total floor area of the secondary dwelling unit must not exceed the total floor area of
the principal dwelling on the lot; and
d)
complying with all other applicable requirements of this By-law.
3.3143 Occupation of Uncompleted or Unserviced Building
No building shall be used for human habitation before the septic system has been installed and
functioning as certified by the approval authority.
3.3244 Parking Area Regulations
Parking spaces and areas are required under this By-law in accordance with the following
provisions:
(a) Parking Space Requirements
Every building or structure erected or used for any of the following purposes shall have the
following parking spaces and areas:
Type of Building or Use
Minimum Parking Required
Building containing one dwelling unit
1 parking space, or 1 garage, or a carport
Building containing two or more dwelling
Units
1 1/2 parking spaces per dwelling unit
Boarding House
1 parking space for each room available for
rent
Clinic
5 parking spaces for each practitioner
Church, Assembly Hall, Funeral Home,
Where there are fixed seats, 1 parking space
Page 35
Community Hall, Restaurant, Arena
for every five seats or 3 metres of bench
space; where there are no fixed seats, 1
parking space for each 10 square metres of
floor area devoted to public use
Hospitals or Institutions
1 parking space for each 2 beds or 35 square
metres of floor area whichever is greater,
plus one additional space for each resident
doctor or resident employee
Hotel or Motel
1 parking space per suite or guestroom, and
1 additional parking space for each 9 square
metres of floor area devoted to public use
Lodge
0.75 spaces per bedroom
Office, including Home Occupation
1 parking space per 10 square metres of
office or home occupation floor area
Variety or Grocery Shop
1 parking space for every 9 square metres of
total retail floor area
A Retail Store, Service Store, or other similar
retail establishment
1 parking space for each 9 square metres of
floor area and 1 parking space for every 25
square metres of service area
Other Commercial Uses
1 parking space for each 15 square metres
of total floor area
Schools
1 1/2 parking spaces for each teaching area,
plus 1 separate bus loading area per 2
teaching areas
Industrial including Home Industry
At least 3 parking spaces for every 90 square
metres of total floor area up to 1800 square
metres, plus one additional space for every
800 square metres of total floor area over
1800 square metres including any basement
area if used for industrial use
Marina
1.25 parking spaces for every docking slip
b) Parking Area Requirements
Parking areas shall conform to the following provisions:
(i) the parking area shall be located on the same lot as the use it is intended to serve, except
in the case of a water access lot where the parking area shall be located in a zone where
such use is permitted by this By-law or within 500 metres of the lot it is intended to serve
in the case of a commercially zoned property;
(ii) each parking space shall be at least 3 metres by 6 metres and shall be provided with
unobstructed access to a street directly or by way of a driveway, aisle, lane or private road
or in the case of barrier free parking each space shall be at least 5 metres by 6 metres;
(iii) wherever more than 5 parking spaces are required, at least one space shall be barrier free;
(iv) any parking area designed to serve water access lots shall have a minimum area of 100
square metres for each lot to be served and no parking shall be permitted within 10 metres
of the high watermark or within 6 metres of any side lot line abutting a lot in a Waterfront
Page 36
Residential Zone and be owned by or registered on title to the water access land owner.
(v) notwithstanding paragraph i) above, where off street parking is required by this by-law
cannot be provided for on the same lot, such parking may, at the discretion of the Township,
be provided for on an alternative lot which is located within 200 metres. Where parking is
provided on an alternative lot, such parking shall be secured by agreement confirming the
use of the parking spaces in respect of the lot proposed for the parking use and by
restricting the use of the development lot to the continued provision of replacement parking;
(vi) where site configuration or other constraints prevent or render undesirable the provision
of all required spaces, cash-in-lieu of parking may be provided by the applicant. The
parking fund so established shall be devoted to assist in the provision of additional parking
facilities where deemed appropriate by the Township. The fee for cash-in-lieu of parking
shall be determined by By-Law of the Township;
(vii) The parking space requirements shall not apply to any building in existence with a legal
non-conforming parking deficiency at the date of the passing of this By-Law to the extent
of the deficiency so long as the floor area, as it exists on such date, is not increased and
no change of use occurs. If an addition is made to the building or structure which increases
the floor area or a change in use occurs, then parking spaces for the addition or change in
use shall be provided.
c) Parking Area Surface
In a Commercial or Industrial Zone, parking areas and driveways connecting the parking areas
with a street shall be maintained with a stable surface which is treated so as to prevent the
raising of dust or loose particles. The parking area shall, before being used, be constructed of
crushed stone, slag, gravel, crushed brick (or tile), cinders, asphalt, concrete, Portland cement
binder or like material and with provisions for drainage facilities which have been designed and
constructed so as to prevent erosion, the washout of such parking areas, driveways or aisles
or the carrying of soil, sand or sediment into an adjacent waterway.
d) Ingress and Egress
(i) Ingress and egress, to and from the required parking spaces and areas shall be provided
by means of unobstructed driveways or passageways at least 4 metres but not more than
10 metres in perpendicular width.
(ii) The maximum width of any joint ingress and egress driveway ramp measured along the
street line shall be 10 metres.
(iii) The minimum distance between a driveway and an intersection of street lines measured
along the street line intersected by such driveway shall be 7 metres.
(iv) The minimum angle of intersection between a driveway and a street line shall be 60
degrees.
(v) Every lot shall be limited to the following number of driveways:
(1)
up to the first 30 metres of frontage - not more than 2 driveways; and,
(2)
for each additional 30 metres of frontage - not more than 1 additional driveway.
e) Illumination
Where parking areas are illuminated, lighting fixtures shall be so arranged that no part of any
fixture shall be more than 8 metres above the finished grade of the parking area. Fixtures shall
be so designed and installed that the light is directed downward and deflected away from
adjacent lots, roads and streets.
Page 37
f)
Addition to Building or Structure
When a building or structure has insufficient parking area at the date of passing of this By-law,
nothing in this By-law shall be construed to require that the deficiency be made up prior to the
construction of any addition. No addition may be built, however, and no change of use may
occur, that would have the effect of further contravening the provisions of this By-law.
g) Use of Parking Spaces and Areas
Any area where parking is permitted under this By-law shall only be used for the parking of
operational operative passenger vehicles and commercial vehicles used incidentally to the
permitted uses on the lot, bearing currently valid license plates or for the seasonal storage of
boats.
For the purpose of this subsection "commercial motor vehicle" shall mean any commercial
vehicle as defined in The Highway Traffic Act.
h) Parking Area Location on Lot
Notwithstanding the yard and setback provisions of this By-law, uncovered surface parking
areas in other than residential zones, shall be permitted in the required yard or in the area
between the road or street line and the required setback provided no part of any parking area,
other than a driveway, is located closer than 1 metre to any road or street line.
3.3345 Pits and Quarries
No person shall use any land, or erect, alter or use any building or structure for the purpose of
processing, washing, sorting, screening or crushing rock, sand or gravel except in conformity with
the provisions of this By-law.
The making, establishment or operation of any new pits or quarries, except wayside pits as herein
defined, is prohibited except in the locations permitted and in accordance with the provisions of this
By-law.
Any pit or quarry permitted by this By-law shall be set back a minimum of 120 metres from the high
water mark of any navigable waterway and 50 metres from any public road or side lot line.
lands that are not within the Industrial Pit (M2) Zone or the Industrial Pit and Quarry (M3) Zone.
3.3446 Portable Asphalt and Portable Concrete Plants
Portable asphalt and portable concrete plants, used by a public road authority or their agent, shall
be permitted throughout the Township without requiring an amendment to this By-law, except in
existing built up areas and in an Environmental Protection (EP) Zone.
3.3547 Prohibited Uses
Except as specifically permitted by this By-law, the following uses are prohibited:
(a) any obnoxious use or noxious trade as defined under any Act;
(b) buildings or structures on docks except for those specifically permitted;
(c) campsite, tent, trailers or camping on vacant rural or residential lots except in accordance with
the By-law to License Trailers in the Municipality;Township being By-Law No. 94-17 as
amended;
(d) a track for the racing of motor vehicles, motor cycles motorcycles or snowmobiles for
commercial use;
Page 38
(e) pits and quarries except those licensed under the Aggregate Resources Act and wayside pits;
and
(f) outside storage on vacant lands except in accordance with this or any applicable by-law of the
TownshipTownship: and
g). short term rentals unless they are specifically provided for by this By-Law.
3.3648 Public Uses
Nothing in this By-law shall prevent any land, building or structure, other than in an Environmental
Protection (EP) Zone, from being used:
a) as a public park, community park, playground, cemetery, or as a site for a public statue,
monument, cenotaph, fountain or other memorial or ornamental structure; or,
b) by the Township or by any local board thereof, by any telephone, telegraph or gas company,
or by any other government agency, including Ontario Hydro, provided that, where such land,
building or structure is located in a Rural Residential (RR) Zone:
i)
no goods, material or equipment shall be stored in the open;
ii) the lot coverage and yard provisions prescribed for the Rural Residential (RR) Zone shall
be complied with; and,
iii) any building erected pursuant to the provisions of this paragraph is designed and
maintained in general harmony with surrounding buildings.
3.3749 Pumphouse Restrictions
Where a lot abuts a navigable waterway, a single pumphouse is a permitted accessory use which
may be located in any front yard, side yard or rear yard provided that:
a) the pumphouse is set back at least 3 metres from the high water mark;
b) the maximum ground floor area of the pumphouse is 9 square metres; and,
c) the maximum height of the pumphouse is 3 metres.
3.3850 Reduction of Requirements
No person shall change the purpose for which any land, building or structure is used, or erect any
new building, structure or addition to any existing building or structure or sever any land from any
existing parcel, if the effect of such action is to cause the land or the original, adjoining or remaining
buildings or structures to be in contravention of any of the provisions of this By-law.
3.3951 Sauna
A sauna is a permitted accessory building which may be located in any front yard, side yard or rear
yard provided that:
(a) approval is obtained from any government agency having jurisdiction;
(b) the maximum height is one storey not exceeding 4 metres; and,
(c) the maximum floor area is 20 square metres, including decks.
(d) Minimum side yard of 6 metres; and
(e) Minimum setback of 3 metres.
Page 39
3.52
Septic Systems
A septic system shall comply with the requirements of the Ontario Building Code unless otherwise
specified by this by-law.
3.4053 Setback From Environmental Protection Area
Notwithstanding the provisions of this By-law, all buildings and structures excepting docks,
pumphouses, boathouses or saunas, must be set back a minimum of 5 metres from all areas zoned
Environmental Protection (EP) as shown on the map schedules.
3.4154 Shore Road Allowance
Where a shore road allowance or Crown Reserve exists in front of any lot which has not been
stopped up and acquired by the abutting land owner in whole or in part, the area of the shore road
allowance or Crown Reserve above the high water mark between the extension of the side lot lines
may be considered part of the lot area or depth required by this By-law.
3.4255 Shore Road Allowance As Yard
Notwithstanding the provisions of this By-law, where a shore road allowance or Crown Reserve
exists in front of any lot, which has not been stopped up and acquired by the abutting land owner
in whole or in part, a building or structure may be erected without a front yard provided that the
minimum front yard distance to the high water mark is maintained and further provided the building
or structure or any part thereof does not encroach upon the shore road allowance or Crown
Reserve.
3.56
Short Term Rentals
A short term rental unit is a rental unit in any waterfront or residential zone that is permitted in
accordance with this By-Law and/or a licensing By-Law of the Municipality.
3.4357 Signs
The provisions of this By-law shall not apply to prevent the erection, alteration or use of any sign,
provided such sign complies with the By-laws of the Township regulating signs.
3.4458 Sleeping Cabins
Subject to Section 3.03 (the provisions of the By-Law), a single sleeping cabin is a permitted
accessory use on any lot zoned for residential use, provided that the maximum gross floor area
does not exceed 50 square metres or does not exceed the ground floor area of the principal
dwelling on the lot, whichever is the lesser.
And where a sleeping cabin is proposed above or as part of a detached garage, the access to the
sleeping cabin portion of the detached garage shall have a separate entrance without access to
the non-habitable portions of the garage.
A sleeping cabin may be permitted on the second storey of a one and a half storey detached garage
subject to a maximum floor area of 50m².
3.59
Special Uses Permitted
The following uses are permitted in all zones, except the Environmental Protection (EP) Zone and
the Flood Plain (FP) Zone within the Township:
a) Temporary camps used in the construction of public works but only for so long as it is
necessary for such works as may be constructed adjacent to the camp and only until such
Page 40
time as the work is completed, or abandoned, or;
b) A tool shed, scaffold or other building or structure incidental to the construction on the
premises where it is situated and only for so long as it is necessary for the work in progress
and until the work is completed or abandoned.
"Abandoned" in this Section shall mean the failure to proceed expeditiously with the construction
of a work, specifically abeyance of construction for six months.
3.4560 Swimming Pools
The following provisions apply to outdoor swimming pools:
a) For a single-detached, duplex and semi-detached:
i)
Swimming pools may not be constructed in a front yard, and not closer than 2 metres to
any lot line, other than a street line, plus 0.3 additional metres distance for each 0.5 metres
which the top edge of the swimming pool is above grade at the property line.
ii) Swimming pools to be constructed adjacent to street lines, shall be set back the same
distance as the dwelling is required to be set back, as set out in the this By-law.
ii) Every in-ground swimming pool in a residential zone shall be enclosed by a fence of at
least 1.5 metres in height and located at a distance of not less than 1 metre and not more
than 5 metres from the inside edge of the pool.
b) For any other use:
Distance from any street or other lot line shall be 15 metres. The distance referred to above
shall be measured from the inside edge of the swimming pool.
3.4661 Temporary Uses Permitted
The following uses are permitted in all zones within the Township excepting the Environmental
Protection (EP) and the Flood Plain (FP) Zones provided that a building permit has been issued for
the main building on the lot:
a) Temporary camps, including trailers that comply with the By-law to License Trailers in the
Municipality, used in the construction of public works but only for so long as it is necessary
for such works as may be constructed adjacent to the camp and only until such time as the
work is completed, or abandoned, or;
b) A tool shed, scaffold, trailer (licenced) or other building or structure incidental to the
construction on the premises where it is situated and only for so long as it is necessary for the
work in progress and until the work is completed or abandoned.
"Abandoned" in this Section shall mean the failure to proceed expeditiously with the construction
of a work, specifically abeyance of construction for twelve months.
3.62
Tennis/Sports Courts
A tennis or sports court is a permitted accessory use to a lot zoned for residential purposes subject
to complying with the yard requirements for the zone and notwithstanding the maximum fence
height, a tennis court fence may be up to 3 metres in height.
3.63
Tent and Trailer Tents
Tents and trailer tents, trailers and motorhomes are not permitted in any zone as a principal use
except in accordance with the Townships Trailer By-Law or where they are located within a
Page 41
commercial zone that permits tents or trailers or where a trailer is to be used as a temporary
structure in connection with the construction of a permitted use and allowed under a conditional
building permit.
No trailer may be used for human habitation except in accordance with the provisions of this By-
Law and in accordance with the Township Trailer By-Law or when placed on a property for storage
or sale when said property is used for a principal permitted use
No person shall locate, place or use a trailer, motorhome, tent, recreational vehicle on any land as
a principal or primary use except where such uses are permitted within a tourist commercial
establishment that is specifically zoned for said uses, or where a trailer has been permitted as a
temporary structure in connection with the construction of a permitted use and authorized under a
conditional building permit or in accordance with the provisions of the Township's Trailer by-law
3.4764 Through Lot
Where a lot is a through lot, or where the front lot line of a lot is not determinable because of the
lot or island configuration, the setback, frontage and front yard requirements contained herein shall
apply on each road, or from each highwater mark, in accordance with the provisions of the zone or
zones in which such lot is situated.
3.65
Timbering
No person shall use any land, or erect, alter or use any building or structure for commercial
timbering within 30 metres of a public road or within 120 metres of any navigable waterway. Any
commercial timbering must be in accordance with the Ministry of Natural Resources Timber
Management or Forest Management Program Plan.
Note: The provisions contained in this section are regulated under Section 34 of the Planning Act
and only apply to buildings, structures and uses of land. Other associated activities are not
regulated by this section.
3.4866 Tourist Establishment Regulations
Notwithstanding the provisions of this By-law, the following special provisions shall also apply to
new and expanding or enlarging tourist establishments on the waterfront and located in the General
Commercial and Tourist Commercial (C2) Zones.
(a) Waterbody Size (Where Applicable)
Tourist establishments on the waterfront in the General Commercial Zones and Tourist
Commercial (C2) Zone within the Township of McKellar, shall not be located next to lakes which
are smaller than 19 hectares in surface area.
(b) Minimum Frontage on Navigable Water (Where Applicable)
The minimum water frontage required for tourist establishments on water in the General
Commercial Zones and Tourist Commercial (C2) Zone shall be 100 metres or 2 metres for
each person that can be accommodated or 20 metres for each 5 campsites; whichever results
in the greater requirement. For the purpose of this By-law, every bedroom will generate 2
persons. For the purposes of determining the number of persons accommodated, this
provision does not include owners or employees of tourist establishments.
(c) Minimum Lot Size
The minimum lot size for tourist establishment in the General Commercial Zones and Tourist
Commercial (C2) Zone shall be 2 hectares or one hectare for each 20 persons that may be
accommodated or fraction thereof; whichever is a greater requirement. For the purpose of this
By-law, every bedroom will generate 2 persons and every campsite will generate 3 persons.
For the purposes of determining the number of persons accommodated, this provision does
Page 42
not include owners or employees of tourist establishments.
d) Parking
Each tourist establishment in the General Commercial Zones and Tourist Commercial (C2)
Zone shall provide at least one parking space for each tent or trailer site, housekeeping cottage,
motel, hotel or efficiency unit.
3.4967 Trailers and Motor Homes
No trailer or motor home may be used for human habitation except in accordance with the
provisions of this By-law and in accordance with the By-law to License Trailers in the Municipality.
3.5068 Unzoned Lands
Any lands illustrated on as shown on the map schedules to this By-law without a reference to a
zone symbol shall be deemed to be zoned Rural (RU) and all applicable provisions of this zone
shall apply.
3.69
Use of Vacant Lands
No vacant lands shall be used for the purpose of the storage of motor vehicles, machinery,
materials or equipment,trailers or other similar objects which are not incidental to the expeditious
construction of a building or the use permitted on such lands, and where otherwise specifically
permitted by the provisions of this By-Law or any applicable By-Law of the Municipality.
3.5170 Landfill Site (Waste Disposal Site) To Be Set Back
Notwithstanding the provisions of this By-law, a landfill site must be separated from any standing
body of water in excess of 20 hectares of surface area a minimum of 300 metres.
3.5271 Yard and Setback Encroachments Permitted
a) Ornamental Structure
Notwithstanding the yard provisions of this By-law, sills, belt courses, chimneys, cornices,
eaves, gutters, parapets, pilasters or other ornamental structures may project into any required
yard or the area between the road or street line and the required setback a maximum distance
of 1 metre.
b) Accessory Structure
Notwithstanding the yard provisions of this By-law, drop awnings, clothes poles, flag poles,
garden trellises, fences, retaining walls, signs, or similar accessory structures shall be
permitted in any required yard or in the area between the road or street line and the required
yard.
c) Fire Escape
Notwithstanding the yard provisions of this By-law, an unenclosed fire escape and the structural
members necessary for its support, may project into any required yard a maximum distance of
2 metres.
d) Railway Spur in Industrial Zone
Notwithstanding the yard provisions of this By-law, in an Industrial Zone a railway spur shall be
permitted within any required yard or in the area between the street line and the required
setback.
e) Gate House
Page 43
Notwithstanding the yard provisions of this By-law, in an Industrial Zone, a gate (guard) house
shall be permitted in a front or side yard in the area between the street line and the required
yard.
f)
Building in Built-up Area
Notwithstanding the provisions of this By-law, where a detached dwelling unit or accessory use
thereto is to be erected in a non-waterfront zone where there is an established building line,
such dwelling unit or accessory use may be erected closer to the street line or the centre line
of the road or street, as the case may be, than required by this By-law provided such dwelling
unit 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.
3.53
Waterfront Bed and Breakfasts
A waterfront bed and breakfast is a permitted use in any Waterfront Residential (WF1 - WF5) Zone
provided that:
(a) there is no external display or advertising other than a sign, a maximum of 1 square metre,
erected in accordance with any by-laws of the Township regulating signs;
(b) not more than two bedrooms are rented to overnight guests for commercial purposes;
(c) the lot upon which the waterfront bed and breakfast use is proposed complies with the lot area,
frontage and depth requirements for the WF Zone in which it is located, except in the case of
the WF5 zone where the waterfront bed and breakfast use must comply with the minimum lot
area, frontage and depth requirements of the WF1 zone;
(d) the waterfront bed and breakfast use must front on a public or private road which allows for
adequate, safe and legal passage over said road;
(e) one parking space shall be provided on the lot for each bedroom made available for the
waterfront bed and breakfast use; and
(f) a change of use permit is obtained from the Township.
For the purpose of this provision, a bed and breakfast means: a building whose primary intent is
to be used as a principal residence but where in a portion thereof persons are harboured, received
or lodged for hire for less than one week at one time but does not include a hotel, hospital, nursing
home, home for the young or aged or institution if the hotel, hospital, home or institution is licensed,
approved or supervised under any other general or special act of the Province of Ontario.
For the purpose of non-waterfront zones, bed and breakfasts will continue to be administered as
home occupations.
Page 44
SECTION 4 - RURAL (RU) ZONE
4.01
Uses Permitted
No person shall within the Rural (RU) Zone, use any lot or erect, alter or use any building or
structure for any purpose except one or more of the following uses:
a) Rural Uses
-
a single detached dwelling;
-
seasonal dwelling;
-
an accessory apartment;
-
secondary dwelling;
-
an accessory dwelling;
-
a farm, and a specialized use farm as defined in this By-law;
-
an animal hospital
-
kennel
-
riding stable;
-
a nursery or commercial greenhouse;
-
a contractor's yard;
-
agriculture use;
-
agricultural building;
-
bed and breakfast;
-
a home industry;
-
a home occupation;
-
a custom workshop;
-
a day nursery;
-
a school, church, community hall, private or public park or cemetery;
-
an additional dwelling unit or units as permitted by this By-law;
-
a boarding house;
-
a garden suite as provided for in this By-Law;
-
a mobile home;
-
a modular home;
-
a group home;
-
a golf course;
-
a hunting camp;
-
a transportable prefabricated dwelling unit;
-
government offices;
-
library;
-
notwithstanding the accessory use permissions of Section 3.03(a) and the minimum
building area provisions of this By-law, one (1) storage building excepting a storage
building intended for agriculture or farming use;
-
wayside pit.
4.02
Zone Standards
Any building or structure permitted under Section 4.01 shall comply with the following provisions
except as otherwise provided for in Section 3, General provisions.
a)
Minimum Lot Frontage
60 metres
b)
Minimum Lot Area
0.8 hectares
c)
Minimum Lot Depth
45 metres
d)
Minimum Front Yard
7.5 metres
e)
Minimum Interior Side Yard
5 metres
f)
Minimum Exterior Side Yard
7.5 metres
g)
Minimum Rear Yard
7.5 metres
h)
Minimum Building Area -
Ground Floor
60m2
i)
Maximum Building Height
10 metres
Page 45
j)
Accessory Building - Yard
3 metres
k)
Accessory Building - Height
6 metres
l)
Maximum Lot Coverage by
building in percent
15%
4.03
Special Exception Regulations - Rural (RU)
The regulations contained in Section 4.01 and 4.02, General Use Provisions and Zone Standards,
shall apply to the Special Provision Use areas or areas defined below, except as otherwise
specifically provided in the Special Use Regulations in this Subsection 4.03.
4.03.1 Rural Exception 1 (RU-1)
Part of Lot 20, Concession 10 may be used for a public garage in the existing building subject to:
i.
no outside storage is allowed except for customer vehicles awaiting repair and customer
vehicles awaiting pickup.
ii.
additions to the existing public garage building may be permitted subject to a total gross floor
area of 185 square metres.
iii. Maximum public garage building height of 6 metres.
4.03.2 Rural Exception 2 (RU-2)
No buildings or structures are permitted on Part of Lots 24 and 25, Concession 5.
4.03.3 Rural Exception 3 (RU-3)
Part of Lot 16, Concession A is subject to a west side yard of 55.474 metres.
4.03.4 Rural Exception 4 (RU-4)
A machine and welding shop is a permitted use on Part of Lot 17, Concession B, being Part 1 of
Reference Plan No. 42R-15712.
4.03.5 Rural Exception 5 (RU-5)
Part of Lot 28, Concession 7 fronting Smithpine Crescent is subject to a minimum frontage of 39
metres and a lot area of 0.3 hectares.
4.03.6 Rural Exception 6 (RU-6)
Part of Lot 23, Concession 3 fronting on Hurdville Road is subject to a lot frontage of 53 metres.
4.03.7 Rural Exception 7 (RU-7)
A docking facility designed to service the Ridge at Manitou Clubhouse, not exceeding an area of
115 square metres, and a secondary dock designed to service the golf course's main water pump,
not exceeding an area of 55 square metres, may be permitted on the Crown lakebed in front of Lot
23, Concession 8 subject to the following provisions:
a) that any dock facility must be located within the defined envelope as shown on Schedule 'A',
Sheet 1;
b) that any dock and/or shoreline improvements will be subject to receiving permission or
authorization from any relevant provincial or federal agency having jurisdiction; and
c) The minimum front and side yards shall be maintained at 15 metres for no other purpose
excepting a vegetative buffer.
Page 46
4.03.8 Rural Exception 8 (RU-8)
A small non-commercial workshop may be erected, altered and used on Part of Lot 31, Concession
14 prior to the construction of a principal dwelling.
4.03.9 Rural Exception 9 (RU-9)
610 Hurdville Road, located in Part of Lot 33, Concession 3, being Part of Part 4 of Reference Plan
No. 42R-20140 may be used for an assembly hall for up to 200 persons including accessory uses
and services subject to the general provisions and zone standards of the General Commercial (C1)
Zone.
4.03.10 Rural Exception 10 (RU-10)
The lands described as Part of Lots 21, 22 and 23 in Concession 7 and 8, being the golf course
identified as the Ridge at Manitou will be subject to the following additional restrictions:
(a) the minimum front yard shall be 15.0 metres;
(b) a boathouse and/or a dwelling unit is not a permitted accessory building or structure; and
(c) an environmental buffer not less than 15 metres in width and extending inland from the
highwater mark shall be maintained adjacent to the Environmental Protection (EP) Zones. No
buildings, structures or accessory buildings or golf course uses shall be permitted on lands set
aside as environmental buffer.
4.03.11 Rural Exception 11 (RU-11)
A single detached dwelling together with any permitted accessory uses may be erected and used
on Part of Lot 17, Concession A fronting Highway No. 124 subject to a lot frontage of 130 metres
and provided that all other general provisions and zone requirements for the Inland Development
1 (RU) Zone are met.
4.03.12 Rural Exception 12 (RU-12)
The lands identified as 10 Springhill Road may be used for any purpose permitted in the Rural
(RU) Zone including a garden suite, subject to all general provisions and zone requirements for
the Rural (RU) Zone. For the purpose of this by-law, a "garden suite" is defined as a one unit
detached residential structure containing bathroom and kitchen facilities that is ancillary to an
existing residential structure and that is designed to be portable.
Page 47
SECTION 5 - RURAL RESIDENTIAL (RR) ZONE
5.01
Uses Permitted
No person shall within the Inland Development 2 (RR) Zone use any lot, or erect, alter or use any
building or structure for any purpose except one or more of the following uses:
a) Residential Uses
-
a single detached dwelling;
-
secondary dwelling;
-
seasonal dwelling;
-
day nursery;
-
bed and breakfast;
-
a modular home;
-
a home occupation;
-
transportable prefabricated dwelling unit;
-
a home industry;
-
a boarding house;
-
a nursing home;
-
a mobile home;
-
notwithstanding the accessory use permissions of Section 3.03(a) and the minimum
building area provisions of this By-law, one (1) storage building
5.02
Zone Standards
Any building or structure permitted under Section 5.01 shall comply with the following provisions
except as otherwise provided for in Section 3, General provisions.
a)
Minimum Lot Frontage
60 metres
b)
Minimum Lot Area
0.4 hectares
c)
Minimum Lot Depth
45 metres
d)
Minimum Front Yard
7.5 metres
e)
Minimum Interior Side Yard
5 metres
f)
Minimum Exterior Side Yard
7.5 metres
g)
Minimum Rear Yard
7.5 metres
h)
Minimum Building Area - Ground Floor
60m2
i)
Maximum Building Height
10 metres
j)
Accessory Building - Yard
3 metres
k)
Accessory Building - Height
6 metres
l)
Maximum Lot Coverage by building in
percent
15%
5.03
Special Exception Regulations - Rural Residential (RR)
The regulations contained in Section 5.01 and 5.02, General Use Provisions and Zone Standards,
shall apply to the Special Provision Use areas or areas defined below, except as otherwise
specifically provided in the Special Use Regulations in this Subsection 5.03
5.03.1 Rural Residential Exception 1 (RR-1)
The addition of 450 square feet to the main dwelling unit to be used as a retail store is a permitted
use on Lot 1, Plan 74.
Page 48
5.03.2 Rural Residential Exception 2 (RR-2)
Lands located at PCL 17978 SEC SS; LT 56 PL M142; LT 57 PL M142; LT 58 PL M142 EXCEPT
PT 2, 42R11713; MCKELLAR the requirements of the Inland Development 2 (RR) Zone shall apply,
except:
a) The minimum lot area shall be 0.286 hectares."
Page 49
SECTION 6 - MULTIPLE RESIDENTIAL (RM) ZONE
6.01
Uses Permitted
No person shall within the Multiple Residential (RM) Zone use any lot, or erect, alter or use any
building or structure for any purpose except one or more of the following uses:
a) Residential Uses
-
a single detached dwelling;
-
a semi-detached dwelling;
-
a triplex dwelling;
-
a duplex dwelling;
-
a rowhouse
-
a townhouse;
-
a secondary dwelling;
-
an apartment building containing up to four dwelling units; or
-
any use permitted in the Rural Residential (RR) Zone.
b) Institutional Uses
-
church;
-
school;
-
library;
-
public park;
-
school;
-
arena;
-
day nursery;
6.02
Zone Standards
Any building or structure permitted under Section 6.01 shall comply with the following provisions
except as otherwise provided for in Section 3, General provisions.
a)
Minimum Lot Frontage
60 metres
Semi - 30/unit
Rowhouse- 6/unit
Triplex/duplex - 60 metres
Apartment - 60 metres
b)
Minimum Lot Area
0.4 hectares
Semi - 0.2ha/unit
Rowhouse - 0.1 ha/unit
Triplex/duplex - 0.4 ha
Apartment - 0.4 ha
c)
Minimum Lot Depth
60 metres
d)
Minimum Front Yard
7.5 metres
e)
Minimum Interior Side Yard
5 metres
f)
Minimum Exterior Side Yard
7.5 metres
g)
Minimum Rear Yard
7.5 metres
h)
Minimum Building Area - Ground
Floor
60m2
i)
Maximum Building Height
12 metres
j)
Accessory Building - Yard
3 metres
k)
Accessory Building - Height
6 metres
l)
Maximum Lot Coverage by
building in percent
15%
Page 50
6.03
Special Exception Regulations - Multiple Residential (RM)
The regulations contained in Section 6.01 and 6.02, General Use Provisions and Zone Standards,
shall apply to the Special Provision Use areas or areas defined below, except as otherwise
specifically provided in the Special Use Regulations in this Subsection 6.03
Page 51
SECTION 7 - WATERFRONT RESIDENTIAL (WF1, WF2, WF3, WF4, WF5) ZONES
7.01
Uses Permitted
No person shall within the Waterfront Residential (WF1, WF2, WF3, WF4 and WF5) Zones use any
lot, or erect, alter or use any building or structure for any purpose except one of the following uses:
a)
Residential Uses
-
a single detached dwelling per lot of record including a home occupation;
-
a bed and breakfast subject to the provisions of section 3.53 of this By-law;
-
seasonal dwelling;
-
a mobile home;
-
notwithstanding the accessory use permissions of Section 3.03(a) and the minimum
building area provisions of this By-law, one (1) storage building
7.02
Zone Standards
Any building or structure permitted under Section 7.01 shall comply with the following provisions
except as otherwise provided for in Section 3, General provisions.
a)
Minimum Lot Frontage
WF1 - 60 metres
WF2 - 90 metres
WF3 - 120 metres
WF4 - 150 metres
WF5 -existing at time of passage
b)
Minimum Lot Area
WF1 - 0.8 hectares
WF2, WF3 - 1 hectares
WF4 - 1.5 hectares
WF5 - existing at time of passage
c)
Minimum Lot Depth
WF1 - 45 metres
WF2, WF3, WF4 - 60 metres
WF5 - existing at time of passage
d)
Minimum Front Yard
10 metres (the required front yard
must be preserved as a natural
vegetative buffer except where
there are structures or pathways.
e)
Minimum Interior Side Yard
5 metres
f)
Minimum Exterior Side Yard
7.5 metres
g)
Minimum Rear Yard
7.5 metres
h)
Minimum Building Area - Ground Floor
60m2
i)
Maximum Building Height
10- metres
j)
Accessory Building - Yard
3 metres - boathouses excepted
from front yard, 6 metre side yard
required
k)
Accessory Building - Height
6 metres
l)
Maximum Lot Coverage by building in
percent
15%
7.03
Special Exception Regulations - Waterfront Residential (WF1, WF2, WF3, WF4 and WF5)
The regulations contained in Section 7.01 and 7.02, General Use Provisions and Zone Standards,
shall apply to the Special Provision Use areas or areas defined below, except as otherwise
specifically provided in the Special Use Regulations in this Subsection 7.03.
7.03.1 Waterfront Residential 1 Exception
Page 52
7.03.1.1 Waterfront Residential 1 Exception 1 (WF1-1)
A dwelling unit on Part of Lot 23, Concession A, being Part of Part 3, Plan 42R-4854 is restricted
to the area shown as WF1-1.
7.03.1.2 Waterfront Residential 1 Exception 2 (WF1-2)
A sleeping cabin is not permitted on Part of Lot 19, Concession 1 and is subject to a minimum lot
frontage of 49 metres, a minimum lot area of 0.36 hectares, a maximum lot coverage of 10%
7.03.1.3 Waterfront Residential 1 Exception 3 (WF1-3)
A sleeping cabin is not permitted on Part of Lot 19, Concession 1 and is subject to a minimum lot
frontage of 55 metres, a minimum lot area of 0.36 hectares, a maximum lot coverage of 10%, a
minimum dwelling unit ground floor area of 29.7 square metres
7.03.1.4 Waterfront Residential 1 Exception 4 (WF1-4)
A dwelling with any permitted accessory uses are permitted on each of two parcels located on
Part of Lot 24, Concession A known as 5 Martha Drive subject to a minimum frontage of 80
metres and a lot area of 0.6 hectares
7.03.1.5 Waterfront Residential 1 Exception 5 (WF1-5)
An accessory apartment is permitted on Lot 19, Plan M-426
7.03.2 Waterfront Residential 2 Exception
7.03.2.1 Waterfront Residential 2 Exception 1 (WF2-1)
A single detached dwelling unit including any accessory buildings or structures is a permitted use
on Lot 7, Plan 42M-550 subject to the following regulations:
a) Minimum Front Yard
-
southeast corner of main dwelling
and any additions thereto - 1.2 metres
-
southwest corner of main dwelling and any additions thereto - 4 metres
-
unenclosed deck - 2 metres
-
steps - 0 metres
b) Front Lot Line is defined as the highwater mark established at the elevation 239.942 G.S.C.;
and
c) except for the above special provisions, all other general provisions and zone standards for the
Waterfront Residential 2 (WF2) Zone shall apply.
7.03.2.2 Waterfront Residential 2 Exception 2 (WF2-2)
The lands located at PCL 16022 SEC SS; PT LT A CON 8 MCKELLAR PT 10 PSR1475,
municipally addressed as 193 Manitou Drive, the requirements of the Waterfront Residential 2
Zone shall apply, except:
a) The minimum lot area shall be 0.2 hectares.
b) The minimum lot frontage shall be 30.0 metres.
c) The minimum required interior side yard shall be 3.5 metres.
d) The minimum required road frontage shall be 18.0 metres.
e) The requirements of the Waterfront Residential 2 Zone shall apply to the
Page 53
construction of any future buildings or structures.
The lands located at PCL 15399 SEC SS; PT LT A CON 8 MCKELLAR PT 11 PSR1475,
municipally addressed as 195 Manitou Drive as set out in the requirements of the Waterfront
Residential 2 Zone shall apply, except:
a) The minimum lot area shall be 0.2 hectares.
b) The minimum lot frontage shall be 30.0 metres.
c) The minimum required front yard shall be 9.0 metres.
d) The minimum required interior side yard shall be 3.0 metres.
e) The minimum required rear yard shall be 1.5 metres.
f)
The requirements of the Waterfront Residential 2 Zone shall apply to the
construction of any future buildings or structures.
a) An accessory apartment is permitted on Lot 19, Plan M-426.
7.03.2.3 Waterfront Residential 2 Exception 3 (WF2-3)
A dwelling unit together with any accessory buildings, structures and uses is permitted on Lots
2, Plan 42M-550 subject to a rear yard of 4 metres.
7.03.2.4 Waterfront Residential 2 Exception 4 (WF2-4)
A dwelling unit and any accessory building or structure is a permitted use on Lot 6, Plan 42M-
550 subject to a minimum rear yard of five metres.
7.03.2.5 Waterfront Residential 2 Exception 5 (WF2-5)
A dwelling unit is a permitted use on Part of Lot 3, Plan 42M-550 on Lake Manitouwabing subject
to a maximum lot coverage of nineteen point three (19.3) percent, a rear yard of 0.59 metres, a
minimum front yard of 4 metres.
7.03.2.6 Waterfront Residential 2 Exception 6 (WF2-6)
A dwelling unit together with any accessory buildings, uses or structures are permitted on Lot 4,
Plan 42M-550 on Lake Manitouwabing subject to a minimum front yard of 4 metres.
7.03.2.7 Waterfront Residential 2 Exception 7 (WF2-7)
A storey and one half boathouse is permitted on and adjacent to the lands described as Lot 1,
Plan 42M-550 (2 Fire Route 161).
7.03.2.8 Waterfront Residential 2 Exception 8 (WF2-8)
Part of Lot 27, Concession 10 includes the following restrictions:
-
one single detached dwelling is permitted on each of four lots on the lots described as Part
4 of Plan 42R-5877
−
a front yard of 30 metres to be preserved as a vegetative buffer except for paths and docking
areas up to 4 metres in width
-
docks and boathouses are restricted on the lands adjacent to Part of Lot 27, Concession 10
-
a parking area and boat docking area with up to two docks not exceeding 12 square metres
is permitted n Part of Lot 27, Concession 10 so long as the parking area does not exceed
600 square metres.
7.03.2.9 Waterfront Residential 2 Exception 9 (WF2-9)
Page 54
Part of Lot A, Concession 8, designated as Part 2, Plan PSR 1474, 4 South Point Drive is subject
to a maximum lot coverage of 16.21% and a minimum southerly side yard setback of 2.21 metres
7.03.2.10 Waterfront Residential 2 Exception 10 (WF2-10)
The dwelling on Part of Lot 15, Concession 9 is subject to a minimum building area of 46.64
square metres
7.03.2.11 Waterfront Residential 2 Exception 11 (WF2-11)
A private boat launch, dock and parking area is permitted on Part of Lot 22, Concession 4 subject
to a minimum side and rear yard of 2 metres
7.03.2.12 Waterfront Residential 2 Exception 12 (WF2-12)
Part of Lots 32 and 33 in Concession 4 fronting on Lake Manitouwabing may be used for any use
permitted in the Waterfront Residential 2 (WF2) Zone on each of two parcels created by consent.
Any shoreline structures including accessory docks and boathouses are restricted to those area
along the shoreline free of any Environmental Protection (EP).
7.03.2.13 Waterfront Residential 2 Exception 13 (WF2-13)
Parts 7, 8 and 9 of Plan PSR-118 at 27 and 31 Deerfield Road fronting on Lake Manitouwabing
may be used for a dwelling unit on each of two parcels together with any accessory buildings and
structures subject to the following standards.
Parcel 1
Part 7 and Part of Part 8 - minimum frontage of 54 metres
minimum lot area of 0.29 hectare
Parcel 2
Part of Part 8 and Part 9 - minimum frontage of 43 metres
minimum lot area of 0.14 hectare
7.03.2.14 Waterfront Residential 2 Exception 14 (WF2-14)
A one storey boathouse is permitted provided there are no kitchen or cooking facilities nor any
bedrooms, nor any plumbing in the boathouse on Part of Lot 33, Concession 7 being Lot 15 on
Plan 42M-599, 25 Lyndsey Lane.
7.03.2.15 Waterfront Residential 2 Exception 15 (WF2-15)
A boat docking facility and car parking facility together with a one storey boathouse not exceeding
61 square metres is permitted in Lot 32, Concession 7.
7.03.2.16 Waterfront Residential 2 Exception 16 (WF2-16)
A 1 1/2 storey boathouse may be erected provided there are no kitchen or cooking facilities nor
any bedrooms in the boathouse on Part of Lot 33, Concession 6 being Lot 19 on Plan 42M-599.
7.03.2.17 Waterfront Residential 2 Exception 17 (WF2-17)
A single detached dwelling, not exceeding 384 square metres ground floor area may be permitted
on Part of Lots 27 and 28, Concession 5, fronting on Lake Manitouwabing, subject to a minimum
separation of 60 metres between main dwelling.Allow a water access lot including a parking area,
ramp and dock subject to the regulations set out for the waterfront Residential 2 (WF2) Zone.
7.03.2.18 Waterfront Residential 2 Exception 18 (WF2-18)
The requirements of the Waterfront Residential Two (WF2) Zone shall apply, except:
Page 55
a) The minimum lot area shall be 0.7 hectares.
b) The minimum lot frontage shall be 60 metres.
Each of the lots in Part of Lot 25, Concession 8 will be subject to a lot frontage of 120 metres, a lot
area of 1 hectare and a minimum front yard of 30 metres.
7.03.2.19 Waterfront Residential 2 Exception 19 (WF2-19)
The requirements of the Waterfront Residential Two (WF2) Zone shall apply, except:
a) The minimum lot area shall be 1,397 square metres.
b) The minimum lot frontage shall be 20.1 metres.
c) The minimum rear yard shall be 4.0 metres.
d) An accessory building may be constructed on a lot with or without a main building.
7.03.2.20 Waterfront Residential 2 Exception 20 (WF2-20)
A single detached dwelling and associated accessory buildings and structures are permitted on Part of Lots
24 and 25, Concession 9, on the Middle River subject to the following provisions:
a. No buildings or structures shall be permitted within 30m of any wetland;
b. No buildings or structures shall be permitted within 15m of any watercourse other than the
shoreline;
c. A minimum setback of 30 metres from the front lot line (high watermark) for primary dwellings
and permitted accessory structures is required and the following is permitted within the required
front yard:
i. Accessory structures in accordance with the Zoning By-law, provided the 30
metre setback is met;
ii. A path to the shoreline which should be constructed out of permeable materials
and meander;
iii. A detached, open-air deck is permitted within the front yard provided that the
deck is less than 30 square metres and that the height of the floor of the deck is
less than 2 metres above the average grade for the purposes of the open-air
deck; iv. Stairs and landings not exceeding a width of 1.6 metres are permitted
within the front yard;v. A dock shall be permitted subject to the following
regulations:
1. The maximum length of a dock should not exceed 15metres or
25% of the width of the channel whichever is more restrictive;
2. The cumulative width of a dock, including fingers, cannot exceed
10 metres;
3. The maximum area of a dock ramps shall not exceed 60 square
metres (decking area of dock only) excluding any docks adjacent
to boathouses); and,
4. Permission is obtained from any government organization having
approval authority.
d. Storage of debris and materials used during construction shall not occur within 30 metres of the
high water mark.
e. Sediment and erosion control works, in the form of heavy-duty sediment fencing shall be
positioned along the downgradient edge of any construction envelopes adjacent to wetlands,
shorelines or watercourses.
f. The development is subject to all other applicable general provisions and zone requirements for
the Waterfront Residential 2 (WF2) Zone.
Page 56
7.03.2.21 Waterfront Residential 2 Exception 21 (WF2-21)
Lands located at pcl 17978 sec ss; lt 56 pl m142; lt 57 pl m142; lt 58 pl m142 except pt 2, 42r11713; mckellar
subject to the requirements of the Waterfront Residential (WF2) Zone shall apply, except:
a) The minimum lot area shall be 0.370 hectares.
b) The minimum lot frontage shall be 77.5 metres.
c) No building or structure shall be erected within 30 metres of the high-water mark of Lake
Manitouwabing.
d) Remaining vegetation within the 30-metre setback from the high-water mark of Lake Manitouwabing
shall be maintained in its natural state.
e) Remaining trees within the 30-metre setback from the high-water mark of Lake Manitouwabing shall
not be removed unless they pose a safety hazard, as assessed by a certified arborist."
7.03.3 Waterfront Residential 3 Exception
7.03.3.1 Waterfront Residential 3 Exception 1 (WF3-1)
Up to two accessory apartments are permitted on Part of Lot 22, Concession 12, being Part 2 of
Reference Plan 42R-6338.
7.03.3.2 Waterfront Residential 3 Exception 2 Limited Services (WF3-2-LS)
A maximum of four lots in Part of Lot 25, Concession 8 fronting Middle River and Manitouwabing
Lake are subject to the following:
i)
Minimum front yard of 20 metres
ii) Minimum frontage on private road - 20m
7.03.3.3 Waterfront Residential 3 Exception 3 Limited Services (WF3-3)
A dwelling unit, together with any accessory buildings, uses or structures is permitted on each of
two lots described as Parts 1and 2 of Reference Plan No. 42R-1452 in Part of Lot 22, Concession
12 subject to a minimum lot size of 0.4 hectares, a minimum lot frontage of 60 metres and
provided that all other general provisions and zone requirements for the Waterfront Residential 3
(WF3) Zone are met.
Page 57
SECTION 8 - GENERAL COMMERCIAL ZONES
8.01
Contractor Commercial (C1.1) Zone
Uses Permitted
No person shall within the Contractor Commercial (C1.1) Zone, use any lot, or erect, alter or use
any building or structure for any purpose except one or more of the following uses:
a) Residential Uses
-
a dwelling unit or units in accordance with the provisions of this By-law;
-
a home occupation;
-
a home industry; or,
-
a boarding house.
b) Commercial Uses
-
contractor's yard;
-
external storage of goods and material to be used in connection with the building trade;
-
outside storage of contractors vehicles and equipment;
-
contractor's business or professional office;
-
parking area;
-
storage buildings;
-
service shop;
-
an animal hospital, kennel, or riding stable;
-
a nursery or commercial greenhouse;
-
a custom workshop;
-
truck bus terminal; or
-
a group home; or
-
a hunting camp
8.02
General Commercial (C1.2) Zone
Uses Permitted
No person shall within the General Commercial (C1.2) Zone, use any lot, or erect, alter or use any
building or structure for any purpose except one or more of the following uses:
a) Residential Uses
-
a dwelling unit or units in accordance with the provisions of this By-law;
-
a home occupation;
-
a home industry;
-
a boarding house; or
-
a mobile home.
b) Commercial Uses
-
retail store
-
restaurant
-
take-out restaurant
-
business or professional office
-
automobile service station
-
automobile sales establishment
-
parking area
-
service shop
-
motel
Page 58
8.03
Retail Commercial (C1.3) Zone
Uses Permitted
No person shall within the Retail Commercial (C1.3) Zone, use any lot, or erect, alter or use any
building or structure for any purpose except one or more of the following uses:
a) Residential Uses
-
a dwelling unit or units in accordance with the provisions of this By-law;
-
a home occupation;
-
a home industry;
-
a boarding house; or
-
a mobile home.
b) Commercial Uses
-
retail store
-
business or professional office
-
automobile service station
-
parking area
-
service shop
8.04
Marine Commercial (C1.4) Zone
Uses Permitted
No person shall within the Marine Commercial (C1.4) Zone, use any lot, or erect, alter or use any
building or structure for any purpose except one or more of the following uses:
a) Residential Uses
-
a dwelling unit or units in accordance with the provisions of this By-law;
-
a home occupation;
-
a home industry; or,
-
a boarding house.
b) Commercial Uses
-
automobile service station (excluding autobody shop);
-
automobile sales establishment;
-
marina;
-
snowmobile sales and service;
-
small engine repair;
-
an animal hospital, kennel, or riding stable;
-
a nursery or commercial greenhouse;
-
a custom workshop;
-
a group home; or
-
a hunting camp
8.05
Autobody Commercial (C1.5) Zone
Uses Permitted
No person shall within the Autobody Commercial (C1.5) Zone, use any lot, or erect, alter or use
any building or structure for any purpose except one or more of the following uses:
Page 59
a) Residential Uses
-
a dwelling unit or units in accordance with the provisions of this By-law;
-
a home occupation;
-
a home industry; or,
-
a boarding house.
b) Commercial Uses
-
autobody repair shop;
-
welding shop;
-
service shop;
-
automobile service station;
-
automobile sales establishment;
-
public garage;
-
an animal hospital, kennel, or riding stable;
-
a nursery or commercial greenhouse;
-
a custom workshop;
-
a group home; or
-
a hunting camp
8.06
Zone Standards
Any building or structure permitted under Section 8 shall comply with the following provisions
except as otherwise provided for in Section 3, General provisions.
a)
Minimum Lot Frontage
60
b)
Minimum Lot Area
0.4 hectares
c)
Minimum Lot Depth
40 metres
d)
Minimum Front Yard
10
e)
Minimum Interior Side Yard
C1.1, C1.2, C1.3 - 5 metres
C1.4, C1.5 - 3 metres
f)
Minimum Exterior Side Yard
7.5 metres
g)
Minimum Rear Yard
7.5 metres
h)
Minimum Building Area - Ground Floor
C1.1, C1.2, C1.3 - see Ontario
Building Code Act, R.S.O. 1990
and Regulations thereunder
C1.4, C1.5 - n/a
i)
Maximum Building Height
12 metres
j)
Accessory Building - Yard
3 metres
k)
Accessory Building - Height
10 metres
l)
Maximum Lot Coverage by building in
percent
25%
8.07
Special Exception Regulations - Contractor Commercial (C1.1), General Commercial
(C1.2), Retail Commercial (C1.3), Marine Commercial (C1.4) and the Autobody Commercial
(C1.5)
The regulations contained in Section 8.01, 8.02, 8.03, 8.04, 8.05 and 8.06, General Use
Provisions and Zone Standards, shall apply to the Special Provision Use areas or areas defined
below, except as otherwise specifically provided in the Special Use Regulations in this
Subsection 8.07.
Page 60
8.07.2 General Commercial Exception 1 (C1.2-1)
8.07.2.1H Retail Commercial Exception 1 Holding (C1.2-1H)
Part of Lot 20, Concession A is subject to the following provisions:
(a) Permitted Uses Under the General Commercial - Holding (C1.2-H) Zone
No person shall use any lot, erect, alter or use any building or structure for any purpose
except those existing at the date of passage of this By-law;
(b) Permitted Uses Under the General Commercial (C1.2) Zone
No person shall use any lot, erect, alter or use any building or structure for any purpose
except for a retail store, restaurant, take-out restaurant, business or professional office,
automobile service station, automobile sales establishment, parking area, service shop or.
(c)
The 'H' - Holding symbol shall be removed provided that:
(i) any extensions for public services are approved by the appropriate authority;
(ii) a site plan has been approved by the Township where required under a Site Plan
Control By-law;
(iii) approvals are obtained, where applicable from any government agency.
8.07.3 Retail Commercial (C1.3) Exception
8.07.3.1H Retail Commercial Exception 1 Holding (C1.3-1H)
Part of Lot 20, Concession B, North side of Centre road is subject to the following provisions:
(a) Permitted Uses Under the Retail Commercial - Holding (C1.3-H) Zone
No person shall use any lot, erect, alter or use any building or structure for any purpose
except those existing at the date of passage of this By-law;
(b) Permitted Uses Under the Retail Commercial (C1.3) Zone
No person shall use any lot, erect, alter or use any building or structure for any purpose
except for a retail store, business or professional office, automobile service station,
parking area or service shop.
(c) The 'H' - Holding symbol shall be removed provided that:
(i) any extensions for public services are approved by the appropriate authority;
(ii) a site plan has been approved by the Township where required under a Site Plan
Control by-law;
(iii) approvals are obtained, where applicable from any government agency.
Page 61
SECTION 9 - TOURIST COMMERCIAL (C2) ZONE
9.01
Uses Permitted
No person shall within the Tourist Commercial (C2) Zone, use any lot, or erect, alter or use any
building or structure for any purpose except one or more of the following uses:
a) Residential Uses
-
a single detached dwelling;
-
a dwelling unit or units in accordance with the provisions of this By-law;
-
a home occupation;
-
a home industry; or
-
a mobile home.
b) Commercial Uses
-
a lodge;
-
a children's camp
-
rental cottages;
-
a tourist establishment;
-
a trailer park;
-
tavern;
-
a hotel/motel;
-
rental unit;
-
a restaurant;
-
miniature golf;
-
a parking area;
-
a camping establishment;
-
a convenience store; or
-
a tourist establishment subject to the provisions of section 3.48.any applicable zoning
provisions or requirements set out in this by-law
9.02
Zone Standards
Any building or structure permitted under Section 9.01 shall comply with the following provisions
except as otherwise provided for in Section 3, General provisions.
a)
Minimum Lot Frontage
C2 - 60 metres
C2M, C2MR - see Tourist Establishment
Regulations
b)
Minimum Lot Area
C2- 0.4 hectares
C2M, C2MR - see Tourist Establishment
Regulations
c)
Minimum Lot Depth
60 metres
d)
Minimum Front Yard
10 metres
e)
Minimum Interior Side Yard
C2 - 5 metres
C2M, C2MR - 3 metres
f)
Minimum Exterior Side Yard
7.5 metres
g)
Minimum Rear Yard
7.5 metres
h)
Minimum Building Area - Ground
Floor
C2 -see Ontario Building Code Act,
R.S.O. 1990 and Regulations thereunder
C2M, C2MR - n/a
i)
Maximum Building Height
C2 - 10 metres
C2M, C2MR - 12 metres
j)
Accessory Building - Yard
3 metres
k)
Accessory Building - Height
10 metres
l)
Maximum Lot Coverage by building
C2 - 10%
Page 62
in percent
C2M, C2MR - 15% (maximum gross floor area
is 20 percent)
9.03
Tourist Commercial Marine (C2M) Zone
Notwithstanding the permitted uses contained in Section 9.01 above, any lands having the C2 Zone
symbol together with the symbol "M" attached as a suffix to that symbol, shall include a marina as
a permitted use together with all uses permitted in the Tourist Commercial (C2) Zone and subject
to the zone standards for the C2.
9.04
Tourist Commercial Marine Restricted (C2MR) Zone
Notwithstanding the permitted uses contained in Section 9.01 above, any lands having the C2 Zone
symbol together with the symbol "MR" attached as a suffix to that symbol, shall include a marina
as a permitted use together with all uses permitted in the Tourist Commercial (C2) Zone provided
that there shall be no fuel sales and subject to the zone standards for the C2.
9.05
Special Exception Regulations - Tourist Commercial (C2)
The regulations contained in Section 9.01 and 9.02, 9.03 and 9.04 General Use Provisions and
Zone Standards, shall apply to the Special Provision Use areas or areas defined below, except as
otherwise specifically provided in the Special Use Regulations in this Subsection 9.05.
9.05.1 Tourist Commercial Exception 1 (C2-1)
9.05.1.1
Tourist Commercial Exception 1 (C2-1)
A lodge, bed and breakfast, existing garage and up to seven sleeping cabins are permitted on
Part of Lot 32, Concession 13, being Lot 71 of Registered Plan No. 258.
9.05.1.2
Tourist Commercial Exception 2 (C2-2)
Part of Lots 27, 28 and 29, Concessions 3 and 4 may be used for up to eleven rental cabins.
9.05.1.3
Tourist Commercial Exception 2 (C2-3)
Part of Lots 23 and 24 Concession 8 may only include the following permitted uses:
-
tourist establishment;
-
lodge;
-
childrens camp;
-
restaurant;
-
riding stable;
-
staff quarters;
-
health spa;
-
maintenance and storage facilities;
-
tuck shop
9.05.1.4
Tourist Commercial Exception 2 (C2-4)
Notwithstanding the provisions of this By-Law, the lands described as Part Lots 22 and 23,
Concession 11, McKellar (Municipally known as 154 Centre Road) are subject to the following
provisions:
a) The use of the property shall be limited to the following tourist commercial (C2) uses:
i)
A maximum of six (6) rental cottages.
ii)
A dwelling unit in accordance with the provisions of this By-Law.
iii)
A home occupation.
iv)
A home industry.
Page 63
v)
A parking area.
vi)
Accessory uses to the above.
b) The maximum size of a rental cottage shall not exceed 100 square metres of gross floor
area.
c) A minimum of two (2) parking spaces per rental cottage shall be provided in a parking
area.
d) All other general provisions and zone requirements for the Tourist Commercial (C2) Zone
of this By-Law shall continue to apply unless such provisions are altered by the provisions
of the site plan development agreement associated with the property.
Page 64
SECTION 10 - INDUSTRIAL (M1) ZONE
10.01
Uses Permitted
No person shall within the Industrial (M1) Zone, use any lot, or erect, alter or use any building or
structure for any purpose except one or more of the following uses:
a) Residential Uses
-
a dwelling unit or units in accordance with the provisions of this By-law.
b) Commercial Uses
-
building supply outlet;
-
parking garage, structure or lot;
-
a bulk fuel storage establishment;
-
an automobile service station;
-
farm implement dealer;
-
a marina;
-
a business or professional office;
-
a laundromat;
c) Industrial Uses
-
a car wash;
-
manufacturing establishment;
-
light industry;
-
a saw mill;
-
a contractor's yard;
-
fertilizer mixing plant;
-
a tradesman shop;
-
a truck or bus storage terminal;
-
a welding shop;
-
a wayside pit;
-
a warehouse;
-
a salvage yard.
10.02
Zone Standards
Any building or structure permitted under Section 10.01 shall comply with the following provisions
except as otherwise provided for in Section 3, General provisions.
a)
Minimum Lot Frontage
60
metres
-
commercial,
industrial applicable only when
fronting directly on public road
b)
Minimum Lot Area
0.4 hectares
c)
Minimum Lot Depth
60 metres
d)
Minimum Front Yard
7.5 metres (marinas excepted)
e)
Minimum Interior Side Yard
5 metres
f)
Minimum Exterior Side Yard
9 metres
g)
Minimum Rear Yard
9 metres
h)
Minimum Building Area - Ground Floor
Residential
-
see
Ontario
Building Code Act, R.S.O. 1990
and Regulations thereunder
commercial, industrial - n/a
i)
Maximum Building Height
12 metres
j)
Accessory Building - Yard
residential
-
3
metres;
commercial, industrial - 1 metre
k)
Accessory Building - Height
10 metres
Page 65
l)
Maximum Lot Coverage by building in
percent
25%
10.03
Special Exception Regulations - Industrial (M1)
The regulations contained in Section 10.01 and 10.02, General Use Provisions and Zone
Standards, shall apply to the Special Provision Use areas or areas defined below, except as
otherwise specifically provided in the Special Use Regulations in this Subsection 10.03.
Page 66
SECTION 11 - INDUSTRIAL PIT (M2) ZONE
11.01
Uses Permitted
No person shall within the Industrial Pit (M2) Zone, use any lot, or erect or alter or use any building
or structure for any purpose except one or more of the following uses.
a) Industrial Uses
-
pit or quarry;
-
a sand, gravel or rock processing, washing. sorting storage, screening or crushing
operation; or
-
a farm.
Prohibited Uses - blasting and crushing of rock and other quarry material - no processing, washing
or screening of rocks or other quarry material is permitted.
11.02
Zone Standards
Any building or structure permitted under Section 11.01 shall comply with the following provisions
except as otherwise provided for in Section 3, General provisions.
a)
Minimum Lot Frontage
100 metres
b)
Minimum Lot Area
2.0 hectares
c)
Minimum Lot Depth
60 metres
d)
Minimum Front Yard
7.5 metres
e)
Minimum Interior Side Yard
9 metres
f)
Minimum Exterior Side Yard
9 metres
g)
Minimum Rear Yard
9 metres
h)
Minimum Building Area - Ground Floor
n/a
i)
Maximum Building Height
20 metres
j)
Accessory Building - Yard
1 metres
k)
Accessory Building - Height
10 metres
l)
Maximum Lot Coverage by building in
percent
n/a
11.03
Special Exception Regulations - Industrial Pit (M2)
The regulations contained in Section 11.01 and 11.02, General Use Provisions and Zone
Standards, shall apply to the Special Provision Use areas or areas defined below, except as
otherwise specifically provided in the Special Use Regulations in this Subsection 11.03.
Page 67
SECTION 12 - LANDFILL (M3) ZONE
12.01
Uses Permitted
No person shall within the Landfill (M3) Zone use any lot, or erect or alter or use any building or
structure for any purpose except one or more of the following uses:
(a) Landfill Uses
-
a landfill site;
-
a transfer station.
12.02
Zone Standards
Any building or structure permitted under Section 12.01 shall comply with the following provisions
except as otherwise provided for in Section 3, General provisions.
a)
Minimum Lot Frontage
100 metres
b)
Minimum Lot Area
2.01.0 hectares
c)
Minimum Lot Depth
100 60 metres
d)
Minimum Front Yard
7.5 50 metres150
m setback from
any
recreational
waterbody
e)
Minimum Interior Side Yard
9 20 metres
f)
Minimum Exterior Side Yard
9 20 metres
g)
Minimum Rear Yard
9 20 metres
h)
Minimum Building Area - Ground Floor
n/a
i)
Maximum Building Height
20 metres
j)
Accessory Building - Yard
3 metres
k)
Accessory Building - Height
10 metres
l)
Maximum Lot Coverage by building in
percent
10 n/a
12.03
Special Exception Regulations - Landfill (M3)
The regulations contained in Section 12.01 and 12.02, General Use Provisions and Zone
Standards, shall apply to the Special Provision Use areas or areas defined below, except as
otherwise specifically provided in the Special Use Regulations in this Subsection 12.03.
Page 68
SECTION 13 - WASTE DISPOSAL (WD) ZONE
13.01
Uses Permitted
No person shall within the Waste Disposal (WD) Zone use any lot, or erect or alter or use any
building or structure for any purpose except one or more of the following uses:
(a) a sewage stabilization pond;
(b) a treated sewage spray irrigation area;
(c) sewage treatment plant
13.02
Zone Standards
Any building or structure permitted under Section 13.01 shall comply with the following provisions.
a) Only those existing lands zoned Waste Disposal (WD) may be used for those uses permitted
subject to the existing lot sizes and areas as of the date of the passing of this By-law.
Page 69
SECTION 14 - OPEN SPACE PARKS (OS) ZONE
14.01
Uses Permitted
No person shall within the Open Space (OS) Zone, use any lot, or erect, alter or use any building
or structure for any purpose except one or more of the following uses:
a) Open Space and Park Uses
-
an area where the primary land use is for public or private recreation, a playing field, public
park, a community hall, an outdoor or closed swimming pool, a beach, a botanical garden,
a golf course, a tennis court;
-
a cemetery;
-
a municipality owned arena;
-
a private park;
-
a boat launch;
-
a fire hall; or,
-
a municipal garage.
14.02
Zone Standards
Any building or structure permitted under Section 14.01 shall comply with the following provisions
except as otherwise provided for in Section 3, General provisions.
a)
Minimum Lot Frontage
40 metres
b)
Minimum Lot Area
0.2 hectares
c)
Minimum Lot Depth
40 metres
d)
Minimum Front Yard
7.5 metres
e)
Minimum Interior Side Yard
5 metres
f)
Minimum Exterior Side Yard
7.5 9 metres
g)
Minimum Rear Yard
7.5 9 metres
h)
Minimum Building Area - Ground Floor
n/a
i)
Maximum Building Height
10 metres
j)
Accessory Building - Yard
3 metres
k)
Accessory Building - Height
5 metres
l)
Maximum Lot Coverage by building in percent
5%
14.03
Special Exception Regulations - Open Space Parks (OS)
The regulations contained in Section 14.01 and 14.02, General Use Provisions and Zone
Standards, shall apply to the Special Provision Use areas or areas defined below, except as
otherwise specifically provided in the Special Use Regulations in this Subsection 14.03.
14.03.1 Open Space Parks Exception 1 (OS-1)
A non-habitable boathouse together with an accessory building or structure is permitted on Part of
Lot 25, Concession 6 and 7 being Parts 1, 3, 5 and 7 on Registered Plan 42R-13530.
Page 70
SECTION 15 - ENVIRONMENTAL PROTECTION (EP) ZONE
15.01
Uses Permitted
No person shall within the Environmental Protection (EP) Zone, use any lot, or erect, alter or use
any building or structure for any purpose except one or more of the following uses:
a) Rural Uses
-
a farm but not a specialized use farm as defined in this By-law;
-
a dock, boathouse, pumphouse or sauna provided authorization is received from any
relevant government agency.
b) Open Space Uses
-
an area for the protection of an environmental hazard such as fish habitat and wildlife
habitat; or,
-
a conservation area primarily for the location of flood control, flood plain, floodway, bank
stabilization or erosion protection structures or projects.
15.02
Zone Standards
Any building or structure permitted under Section 15.01 shall comply with the following provisions
except as otherwise provided for in Section 3, General provisions.
a)
Minimum Lot Frontage
b)
Minimum Lot Area
c)
Minimum Lot Depth
d)
Minimum Front Yard
e)
Minimum Interior Side Yard
f)
Minimum Exterior Side Yard
g)
Minimum Rear Yard
h)
Minimum Building Area - Ground Floor
n/a
i)
Maximum Building Height
j)
Accessory Building - Yard
Rural Uses - 3 metres, boathouses
excepted from front yard, 6 metres side
yard required.
k)
Accessory Building - Height
Rural Uses - 5 metres, boathouses
excepted from front yard, 6 metres side
yard required.
l)
Maximum Lot Coverage by building in
percent
Rural Uses - 5%
Open Space Uses - n/a
15.03
Special Exception Regulations - Environmental Protection (EP)
The regulations contained in Section 15.01 and 15.02, General Use Provisions and Zone
Standards, shall apply to the Special Provision Use areas or areas defined below, except as
otherwise specifically provided in the Special Use Regulations in this Subsection 15.03.
15.03.1 Environmental Protection Exception 1 (EP-1)
Docks or boathouses are permitted on Part of Lot 25, Concession 8 and shall be maintained as a
natural vegetation area save and except for one pathway not exceeding 2.0m in width providing
access to the shoreline on each lot.
Page 71
SECTION 16 - FLOOD PLAIN (FP) ZONE
16.01
Uses Permitted
No person shall within the Flood Plain (FP) Zone, use any lot, or erect, alter or use any building or
structure for any purpose except one or more of the following uses:
a) Rural Uses
-
a farm excluding any buildings or structures;
-
an aviary, arboretum, nursery garden or forestry operation except that no structures shall
be permitted in this zone, except dock, boathouse and flood and erosion control structures;
and
-
pumphouses having a maximum area of 0.9 square metres.
Residential Uses
-
engineered foundations for single detached dwellings.
Construction on the flood plain established by the 100 year flood level will require design
approval by a Professional Engineer or Architect.
b) Open Space Uses
-
a dock, pumphouse or sauna approved by the appropriate government agency;
-
an area for the location of flood control measures including bank stabilization, erosion
protection and ancillary structures or projects; or
-
an area for the protection of environmental hazard such as wetlands, flood plain or flood
way subject to very high water table, steep slopes, gullies, or lands subject to wind or water
erosion.
16.02
Zone Standards
Any building or structure permitted under Section 16.01 shall comply with the following provisions
except as otherwise provided for in Section 3, General provisions.
a)
Minimum Lot Frontage
40 m
b)
Minimum Lot Area
0.2 hectares
c)
Minimum Lot Depth
40 m
d)
Minimum Front Yard
n/a
e)
Minimum Interior Side Yard
n/a
f)
Minimum Exterior Side Yard
n/a
g)
Minimum Rear Yard
n/a
h)
Minimum Building Area - Ground Floor
n/a
i)
Maximum Building Height
10 m
j)
Accessory Building - Yard
3 metres - boathouses excepted
from front yard, 6 metre side yard
required
k)
Accessory Building - Height
5 -- metres boathouses excepted
from front yard, 6 metre side yard
required
l)
Maximum Lot Coverage by building in
percent
n/a
16.03
Special Exception Regulations - Flood Protection (FP)
The regulations contained in Section 16.01 and 16.02, General Use Provisions and Zone
Page 72
Standards, shall apply to the Special Provision Use areas or areas defined below, except as
otherwise specifically provided in the Special Use Regulations in this Subsection 16.03.
Permitted Uses
No person shall within the Crown Land (CL) Zone, use any lot, or erect, alter or use any building or
structure for any purpose except one or more of the following use:
-
an area for the protection of the natural environment;
-
lawful uses existing at the time of passage of this By-Law;
-
resource uses under the management of the Ministry of Natural Resources and Forestry;
-
a commercial sand and gravel pit provided that the lands are specifically zoned for that
purpose;
-
a wayside pit or quarry;
-
a boathouse on the Crown lakebed;
-
a dock or structure approved by the government agency (s) having jurisdiction.
Page 73
SECTION 17 - BY-LAW REPEALS
The following By-laws are hereby repealed:
By-law No. 95-12, free standing By-law 95-15 and 96-9 are hereby repealed.
READ a FIRST and SECOND time this 21st day of
May, 2019.
READ a THIRD time and PASSED this 11th day
of May, 2021
_______________
__________________
MAYOR
CLERK
METRIC - IMPERIAL EQUIVALENTS TABLE
NOTE: The equivalent figures in the following table are approximate only. For more accurate
conversion, the following factors should be used:
1 metre = 3.281 feet
1 foot = 0.3048 metres
1 square metre = 10.765 square feet
1 hectare = 2.471 acres 1 acre = 0.405 hectares
APPROXIMATE EQUIVALENTS
METRIC
IMPERIAL
METRIC
IMPERIAL
0.5 metres
1.6 feet
9 square metres
97 square feet
1 metre
3.3 feet
10 square metres
108 square feet
1.2 metres
3.9 feet
14 square metres
151 square feet
1.5 metres
4.9 feet
15 square metres
161 square feet
2 metres
6.6 feet
18 square metres
194 square feet
3 metres
10 feet
20 square metres
215 square feet
3.5 metres
11.5 feet
25 square metres
269 square feet
4 metres
13 feet
35 square metres
377 square feet
5 metres
16 feet
50 square metres
538 square feet
6 metres
20 feet
90 square metres
969 square feet
7 metres
23 feet
100 square metres
1,076 square feet
7.5 metres
25 feet
200 square metres
2,153 square feet
8 metres
26 feet
450 square metres
4,844 square feet
10 metres
33 feet
800 square metres
8,612 square feet
12 metres
40 feet
1,800 square metres
19,377 square feet
15 metres
50 feet
20 metres
66 feet
4,000 square metres
1 acre
23 metres
75.5 feet
0.5 hectares
1.2 acres
25 metres
82 feet
0.8 hectares
2 acres
30 metres
100 feet
1 hectare
2.5 acres
50 metres
164 feet
60 metres
200 feet
70 metres
230 feet
90 metres
300 feet
100 metres
328 feet
120 metres
394 feet
150 metres
500 feet
200 metres
656 feet
300 metres
984 feet
500 metres
1,640 feet