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TOWNSHIP OF McMurrich/Monteith
COMPREHENSIVE ZONING BY-LAW
By-law No. 16-2016
Adopted by Council on
June 23, 2016
Approved, in part, by the
Ontario Municipal Board
January 24, 2017
Prepared by:
Note: Areas subject to OMB appeal are marked in the document in red.
TOWNSHIP OF McMurrich/Monteith
COMPREHENSIVE ZONING BY-LAW
BY-LAW No. 16-2016
TABLE OF CONTENTS
Section 1 - INTERPRETATION AND ADMINISTRATION
1
Section 2 - DEFINITIONS
5
Section 3 - GENERAL PROVISIONS
21
3.1
Accessory Buildings, Structures and Uses...................................................................... 21
3.2
Building Permit Issued ................................................................................................... 25
3.3
Established Building Line ............................................................................................... 25
3.4
Existing Buildings, Structures and Uses ......................................................................... 25
3.5
Existing Lots.................................................................................................................... 26
3.6
Floor Area Less Than Required: ..................................................................................... 27
3.7
Frontage on a Public Road ............................................................................................. 27
3.8
Group Home ................................................................................................................... 28
3.9
Height Exceptions .......................................................................................................... 28
3.10 Home Occupation: ......................................................................................................... 29
3.11 Home Industry: .............................................................................................................. 29
3.12 Landscaping and Buffers ................................................................................................ 30
3.13 Loading Space Regulations: ........................................................................................... 31
3.14 Mobile Home ................................................................................................................. 32
3.15 Mobile Home Parks ........................................................................................................ 32
3.16 Multiple Uses on One Lot .............................................................................................. 32
3.17 Multiple Zones on One Lot ............................................................................................ 32
3.18 Number of Dwellings per Lot ......................................................................................... 32
3.19 Outdoor Storage ............................................................................................................ 33
3.20 Parking Area Regulations ............................................................................................... 33
3.21 Pits and Quarries and Peat Harvesting .......................................................................... 35
3.22 Public Uses ..................................................................................................................... 35
3.23 Reduction of Requirements ........................................................................................... 36
3.24 Dwelling Unit in Non-Residential Buildings ................................................................... 37
3.25 Signs ............................................................................................................................... 37
3.26 Special Provisions for Campgrounds .............................................................................. 37
3.27 Special Provision for Through Lots ................................................................................ 38
3.28 Special Provisions for Water Access Only Properties and Islands: ................................ 38
3.29 Special Setback Requirements ....................................................................................... 38
3.30 Temporary Construction Use: ........................................................................................ 39
3.31 Temporary Housing ........................................................................................................ 40
3.32 Trailers ........................................................................................................................... 40
3.33 Truck, Bus, Coach Bodies and Derelict Vehicles: ........................................................... 41
3.34 Unimproved Road Allowances ....................................................................................... 41
3.35 Waste Management Influence Area .............................................................................. 41
3.36 Waterfront Landing ........................................................................................................ 42
3.37 Wayside Pits and Quarries and Portable Processing Plants .......................................... 42
Section 4 - ZONE PROVISIONS AND EXCEPTIONS TO ZONES
44
4.1
Zone Provisions .............................................................................................................. 44
4.2
Provisions for Waterfront Residential (WR) Zone and Rural (Ru) Zone with no year
round maintained public road access ............................................................................ 44
4.3
Environmental Protection Zone Special requirements ................................................. 45
4.4
Lake Flood Elevations ..................................................................................................... 45
4.5
Exceptions to Zones ....................................................................................................... 46
Section 5 - ENACTMENT
52
5.1
Date of By-law Approval ................................................................................................ 52
TABLES
Table 1
Loading Space Requirement Table ................................................................................ 31
Table 2
Parking Requirements .................................................................................................... 34
Table 3
Barrier-Free Parking requirements ................................................................................ 35
Table 4
Permitted Uses .............................................................................................................. 53
Table 5
Lot Regulations .............................................................................................................. 57
Table 6
Exceptions to Zones ....................................................................................................... 46
Table 7
Holding Zone Provisions ................................................................................................. 51
PLANSCAPE
Building Community Through Planning
TOWNSHIP OF McMurrich/Monteith
COMPREHENSIVE ZONING BY-LAW
BY-LAW No. 16-2016
Adopted by Council on June 23, 2016
Approved, in part, by the Ontario Municipal Board, January 24, 2017
Section 1 - INTERPRETATION AND ADMINISTRATION
1.1
Title: This By-law shall be known as the "Township of McMurrich/Monteith Zoning By-
law".
1.2
Lands Affected by this By-law: This by-law applies to all lands within the Township.
1.3
Validity: Should any section or provision of this By-law for any reason be declared
invalid by a court of competent jurisdiction, such declaration does not affect the validity
of the By-law as a whole and all the remaining sections or provisions of this By-law
remain in full force and effect until repealed.
1.4
Effective Date: This By-law shall come into force in accordance with Section 34 of the
Planning Act, R.S.O. 1990, as amended.
1.5
Appeals: Where one or more appeals are filed under subsection 34(19) of the Planning
Act, the affected portions of this By-law do not come into force until all such appeals
have been withdrawn or finally disposed of, whereupon the By-law, except for those
parts of it that are replaced by or at the direction of the Ontario Municipal Board, is
deemed to have come into force on the day that it was passed.
1.6
Repeal of Existing By-laws: The following zoning by-laws are repealed upon the coming
into force of this by-law:
- By-law 09-2013
- By-law 28-2013
- By-law 12-2014
- By-law 24-2014
- By-law 25-2014
- By-law 10-2015
1.7
Interpretation of Words: For the purposes of this By-law:
i) words used in the present tense include the future;
ii) words in singular form include plural, and words in the plural form include the
singular;
TOWNSHIP OF MCMURRICH/MONTEITH ZONING BY-LAW 16-2016
Adopted by Council on June 23, 2016
Approved, in part, by the Ontario Municipal Board on January 24, 2017
Page 2
iii) the word "shall" is mandatory;
iv) the words "used" and "occupied" also mean "designed to be used" and "designed to
be occupied"; and
v) the words indicated in Italic are defined in Section 2, "Definitions".
1.8
Interpretation:
i) Where a situation arises that is not covered by a specific regulation, or where two or
more regulations are equally applicable, all provisions must be complied with or,
where it is not possible to comply with all the provisions applicable, the most
restrictive provisions must be complied with.
ii) The provisions of this By-law are the minimum requirements except where the word
"maximum" is used, in which case the maximum requirement applies.
iii) Unless otherwise defined in Section 2, the words and phrases used in this By-law
have their normal and ordinary meaning.
iv) Tables are part of the By-law and are used throughout to present regulations in a
concise format.
v) All measurements in this By-law appear in metric. Imperial measurements are
shown for convenience only.
1.9
Boundary Interpretation: Where any uncertainty exists as to the location of any
boundary of any zone, the following applies:
i) where the boundary is shown as following a Street, lane, right-of-way, or electrical
transmission line, the zone boundary is the centre line of such;
ii) where the boundary is shown as substantially following the lot line on a registered
plan of subdivision or a reference plan, the zone boundary is the lot line;
iii) where the boundary is shown as substantially following the high water mark of a
waterbody, the zone boundary is the high water mark;
iv) the precise location of the boundary of the regulatory floor elevation shall be
determined by a surveyor, and shall be based on the elevations noted in Section 4.4
of this by-law;
v) the precise location of the boundary of the Environmental Protection One or Two
(EP1 or EP2) zones may be determined by a surveyor or qualified environmental
consultant, to the satisfaction of the Township;
vi) where uncertainty exists as to the boundary of any zone then the boundary of such
zone shall be determined in accordance with the scale on the applicable Schedule at
the original size; or,
vii) where the lot fabric on the base map is found to be incorrect, the zone symbol
would apply to the lot as it legally exists, as shown on a survey or more updated
base map.
TOWNSHIP OF MCMURRICH/MONTEITH ZONING BY-LAW 16-2016
Adopted by Council on June 23, 2016
Approved, in part, by the Ontario Municipal Board on January 24, 2017
Page 3
1.10
Conformity and Compliance with Zoning By-law: No land, building or structure may be
used, erected or altered except in accordance with the provisions of this By-law.
1.11
Other Requirements: Nothing in this Bylaw shall serve to relieve any person from any
obligation to comply with the requirements of any other by-law of the Township or any
requirement of the Province of Ontario or Government of Canada that may affect the
use of lands, buildings or structures in the Township.
1.12
Zones: For the purposes of this By-law, the following zones are established and they may
be referred to by the name or by the symbol set opposite the name of the zone below:
WR
-
Waterfront Residential
RS
-
Settlement Residential
RU
-
Rural
CG
-
General Commercial
CT
-
Tourist Commercial
IG
-
General Industrial
IE
-
Extractive Industrial
IN
-
Institutional
OS
-
Open Space
EP1
-
Environmental Protection One
EP2
-
Environmental Protection Two
1.13
Zone Schedules: The zones and zone boundaries are shown on Schedules A1 to E3 to
this By-law.
1.14
Zoning of Water and parcels of land that do not have a zone symbol: All permanent
bodies of water are zoned Open Space (OS). Any parcel of land that does not have a
zone symbol on the Schedules to this By-law shall be zoned Open Space (OS).
1.15
Special Zones: A zone symbol followed by a number (for example, "WR-2"), denotes a
special zone. The permitted uses and zone provisions for such special zone shall be set
out in Section 4.5 of this By-law.
1.16
Property Detail Schedules: Property Detail Schedules form part of this By-law and are
identified as Schedule F. These schedules more particularly show the boundary of the
zone or property and any special provisions applicable to the property.
1.17
Holding Zones:
i) Where a zone symbol is followed by the letter "H" (for example, WR-H), the land
shall only be used for existing uses, the minor expansion of those uses, or open
space or outdoor recreation uses which do not require the erection of a building or
structure or the placement or removal of fill, and shall be subject to any applicable
provisions of Section 4.6.
TOWNSHIP OF MCMURRICH/MONTEITH ZONING BY-LAW 16-2016
Adopted by Council on June 23, 2016
Approved, in part, by the Ontario Municipal Board on January 24, 2017
Page 4
ii) Council may pass a By-law pursuant to Section 36 of the Planning Act to remove the
Holding (H) Symbol thereby placing the lands in the zone indicated by the zone
symbol, when all of the applicable requirements have been met.
1.18
Enforcement: Any person convicted of a violation of this By-law is liable, at the
discretion of the convicting Justice, on first conviction to a fine of not more than
$25,000 and on a subsequent conviction to a fine of not more than $10,000 for each day
or part thereof upon which the contravention has continued after the day on which the
person was first convicted.
1.19
Level of Municipal Services: This By-law does not imply the provision or availability of a
specific level of municipal services on individual lots in the Township. Lots that do not
abut year round publicly maintained roads may not have the same level of municipal
services as do lots fronting on other public roads.
1.20
Technical Revisions to the Zoning By-law: Revisions may be made to this By-law without
the need for a zoning by-law amendment in the following cases:
i) Correction of grammar or typographical errors or revisions to format in a manner
that does not change the intent of a provision.
ii) Adding or revising technical information on maps or schedules that does not affect
the zoning of lands including, but not limited to, matters such as updating and
correcting infrastructure information, keys, legends or title blocks.
iii) Changes to appendices, footnotes, headings, indices, marginal notes, table of
contents, illustrations, historical or reference information, page numbering, footers
and headers, which do not form a part of this By-law and are editorially inserted for
convenience of reference only.
iv) Minor adjustments to the boundary of the Environmental Protection Zone on a
property may be made, without amendment to the Zoning By-law, where the Chief
Building Official for the Township is satisfied that the mapping of the Environmental
Protection Zone on a schedule is in obvious error.
TOWNSHIP OF MCMURRICH/MONTEITH ZONING BY-LAW 16-2016
Adopted by Council on June 23, 2016
Page 5
PLANSCAPE
Building Community Through Planning
Section 2 - DEFINITIONS
2.1
Accessory: A use, building or structure that is commonly incidental, subordinate and
exclusively devoted to the permitted principal use, building or structure, and located
on the same lot.
2.2
Agricultural Use: The growing of crops, including nursery and horticultural crops;
raising of livestock; raising of other animals for food, fur or fibre, including poultry
and fish; aquaculture; apiaries; agro-forestry, maple syrup production; and
associated on-farm buildings and structures, including accommodation for full-time
farm labour when the size and nature of the operation requires additional
employment. Agricultural uses include value retention activities required to make a
commodity salable (i.e. Corn dryer, washing, sorting, packing, and packaging). For the
purposes of this by-law, accommodation for full time farm labour does not constitute
a separate dwelling.
2.3
Alter:
a) With respect to a building or structure any alteration in a bearing wall, or
partition column, beam, girder, or other supporting member of a building or
structure, or any change in the area or cubic contents of a building or structure.
b) With respect to a lot, to change frontage, depth, or area of the lot or to change
frontage, depth, or area of any required yard, setback, landscaped open space or
parking area, or to change the location of any boundary of such lot with respect
to a public highway or laneway, whether such alteration is made by conveyance
or alienation of any portion of said lot, or otherwise.
2.4
Bed and Breakfast Establishment: A detached dwelling which is owner occupied and
in which not more than four bedrooms are used or maintained for the
accommodation of the travelling or vacationing public, in which the owner supplies
lodging with or without meals.
2.5
Boathouse: A detached accessory building used for the berthing, sheltering or storing
of boats and related equipment, built, founded or anchored near or at the high water
mark of a navigable waterway or on land, but does not include living quarters for
human habitation.
2.6
Boat Port: A detached accessory building used for the berthing, sheltering or storing
of boats and related equipment that is roofed, but not enclosed by more than one
wall and is built, founded or anchored near or at the high water mark of a navigable
waterway or on land.
TOWNSHIP OF MCMURRICH/MONTEITH ZONING BY-LAW 16-2016
Adopted by Council on June 23, 2016
Approved, in part, by the Ontario Municipal Board on January 24, 2017
Page 6
2.7
Building: Any structure used for the shelter or accommodation or enclosure of
persons, animals, chattels or equipment, having a roof which is supported by
columns or walls and including any tent, awnings or carports.
2.8
Building Supply and Lumber Outlet: Premises in which building or construction and
home improvement materials are offered or kept for sale at retail and may include
the fabrication of certain materials related to home improvements.
2.9
Bulk Fuel Depot: Premises for the storage and/or distribution of fuels and oils but not
including retail sales or key lock operations.
2.10
Campground: A commercial establishment used for seasonal recreational activity as
grounds for camping, including the use of tents and trailers and which may include
buildings and structures for:
- an administrative office;
- washroom facilities and a laundromat that are limited to use by occupants of
the campground only;
- a convenience store that is limited to use by occupants of the Campground
only; and
- recreational facilities and storage facilities that are limited to use by the
occupants of the Campground only.
2.11
Camp Site: An area provided within a Campground for the location of tents and
trailers.
2.12
Camp Site, Serviced: A camp site which has both piped potable water and a sanitary
private drain connection to a sewage treatment and disposal system.
2.13
Cartage, Transport or Bus Depot: Premises where trucks, tractor trailers and/or
buses are rented, leased, kept for hire, stored, or parked, for remuneration, of from
which trucks, tractor trailers or buses are dispatched for hire as common carriers.
2.14
Cemetery: The land that is set apart or used as a place for the interment of the dead
or in which human bodies have been buried.
2.15
Commercial Nursery or Greenhouse: Premises used for the growing of flowers, fruits,
vegetables, plants, shrubs, trees and/or similar vegetation which is sold directly from
the lot at retail.
2.16
Commercial Self-Storage Facility: Premises used for the temporary storage of
household items and seasonal, recreational or commercial vehicles, boats and trailers
in storage areas or lockers that are generally accessible by means of individual
loading doors.
Subject
to OMB
Appeal
Subject
to OMB
Appeal
Subject
to OMB
Appeal
TOWNSHIP OF MCMURRICH/MONTEITH ZONING BY-LAW 16-2016
Adopted by Council on June 23, 2016
Approved, in part, by the Ontario Municipal Board on January 24, 2017
Page 7
2.17
Communications Tower: A structure situated on a non-residential site that is
intended for transmitting or receiving television, radio, or telephone
communications, excluding those used exclusively for dispatch communications.
2.18
Community Centre: Premises used for community activities, the control of which is
vested in the Township or other Public Authority.
2.19
Conservation Use: The preservation, protection and improvement of components of
the natural environment, through a comprehensive management and maintenance
program.
2.20
Contractor's Establishment: Premises where equipment and materials used by a
general contractor are stored or where a contractor performs shop assembly work.
2.21
Convenience Store: A retail commercial establishment supplying groceries and other
daily household conveniences to the immediate surrounding area.
2.22
Day Care Centre: Premises that receive more than five (5) persons, primarily for the
purpose of providing temporary care, but does not include a school, group home or
nursing home.
2.23
Day Care, Private Home: Premises for the temporary care for reward or
compensation of 5 children or less who are under 12 years of age where such care is
provided in a dwelling, other than the home of a parent or guardian of any such child,
for a continuous period not exceeding 24 hours.
2.24
Deck: An unenclosed structure that is accessory to a residential use and used as an
outdoor living area, with a foundation holding it erect, and, where attached to a
building, with a floor which is above finished grade; a deck shall not include a landing
or a stair, and may be attached or detached from a building.
2.25
Designated Barrier Free Parking Space: A parking space identified with appropriate
signage and markings for the exclusive use of persons in possession of valid
accessible parking permits.
2.26
Dock: An accessory structure built at the high water mark or anchored over water at
which watercraft are berthed or stored and which may provide a foundation for a
boathouse or boat port or contain a non-permanent tent to provide shelter for such
watercraft.
2.27
Dwelling: A building or part of a building occupied or capable of being occupied, in
whole or in part as the home, residence or sleeping place of one or more persons
either continuously, permanently, temporarily or transiently but shall not include a
trailer, or truck camper.
TOWNSHIP OF MCMURRICH/MONTEITH ZONING BY-LAW 16-2016
Adopted by Council on June 23, 2016
Approved, in part, by the Ontario Municipal Board on January 24, 2017
Page 8
2.28
Dwelling, Duplex: The whole of a building that is divided horizontally into two
separate dwellings, each of which has an independent entrance either directly from
the outside or through a common vestibule.
2.29
Dwelling, Secondary: A detached or attached accessory dwelling permitted in
conjunction with a single detached dwelling.
2.30
Dwelling, Semi-Detached: The whole of a building divided vertically into two
separate dwellings, each of which has an independent entrance directly from the
outside.
2.31
Dwelling, Single Detached: A detached building containing one dwelling only, and
shall include a Modular Home.
2.32
Dwelling Unit: A room or rooms in which a kitchen, living quarters and sanitary
conveniences are provided for the exclusive use of the resident(s), with a private
entrance from outside the building or from a common hallway or stairway.
2.33
Equestrian Facility: An area of land or buildings which are used for horse training,
handling, care or lodging.
2.34
Erect: To Set up, build, construct, reconstruct or relocate, and, without limiting the
generality of the work, also includes:
-
any preliminary physical operation, such as excavating, filling or drainage;
-
altering any existing building or structure by an addition, enlargement,
extension, relocation or other structural change;
-
any work for the doing of which a Building Permit is required under The
Building Code Act and Regulations; and,
-
erect, erected, and erection shall have a corresponding meaning.
2.35
Existing: A use, building or structure legally in existence on the date of the passing of
this By-law. In the case of a Tourist Establishment or Campground, existing means
the actual number of accommodation units, camp sites or trailers existing on the
date of passing of this By-law.
2.36
Farm Produce Sales Outlet: A use accessory to a farm that consists of the retail sale
of agricultural products produced on the farm where such outlet is located.
2.37
Finished Grade: The average elevation of the finished surface of the ground at
ground level on any one side of a building or structure.
2.38
Floor Area: The total habitable floor area of all floors contained within the outside
walls of a building excluding, in the case of a dwelling, the floor area of a private
garage, porch, verandah, unfinished attic, basement or cellar.
Subject
to OMB
Appeal
TOWNSHIP OF MCMURRICH/MONTEITH ZONING BY-LAW 16-2016
Adopted by Council on June 23, 2016
Approved, in part, by the Ontario Municipal Board on January 24, 2017
Page 9
2.39
Floor Area, Gross: The total floor area, exclusive of any portion of the building or
structure below finished grade measured between the exterior faces of the exterior
walls which is used for heating, the storage of goods or personal effects, laundry
facilities, or recreational areas, exclusive of any garage, carport, porch, verandah,
deck or sunroom (unless such sunroom is habitable during all seasons of the year).
2.40
Floor Area, Ground: The floor area of the grade level storey of a building measured
by the outside walls, excluding, in the case of a dwelling house, any private garage,
carport, porch, verandah, deck or sunroom (unless such sunroom is habitable at all
seasons of the year).
2.41
Forestry Use: The raising and harvesting of wood, and without limiting the generality
of the foregoing, shall include the raising, cutting and storage of fuel wood,
pulpwood, lumber, Christmas trees, and other forestry products.
2.42
Funeral Home: Premises for the purpose of furnishing funeral supplies and services
to the public and includes facilities intended for the preparation of the dead human
body for internment or cremation.
2.43
Garage: A detached accessory building or portion of a dwelling which is designed or
used for the sheltering of a private motor vehicle and storage of household
equipment incidental to the residential occupancy and which is fully enclosed and
roofed and excludes a carport or other open shelter.
2.44
Gazebo: A freestanding, roofed, accessory structure which is not closed, except for
screening or glass, and which is utilized for the purposes of relaxation.
2.45
Golf Course: A public or private area operated for the purpose of playing golf, and
includes a par 3 Golf Course, club house and recreational facilities, accessory driving
ranges, miniature golf courses, and similar uses.
2.46
Group Home: A single-detached dwelling in which not more than 6 persons, having
physical, social or mental handicaps reside under the appropriate supervision of
personnel, who may also reside in the dwelling, and which is licensed and/or
approved for funding under provincial statutes and in compliance with municipal by-
laws. A dwelling or other facility 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 a conviction of a criminal offence is not a Group Home for
the purposes of this By-law.
2.47
Guest Cabin: A single storey accessory structure with no cooking facilities, which is
not attached to the main single detached dwelling on a lot and is maintained for the
accommodation of an individual or individuals occasionally, from which there shall be
no monetary gain.
TOWNSHIP OF MCMURRICH/MONTEITH ZONING BY-LAW 16-2016
Adopted by Council on June 23, 2016
Approved, in part, by the Ontario Municipal Board on January 24, 2017
Page 10
2.48
Habitable Room: A room designed for living, sleeping, eating or food preparation
including but not limited to a den, library, office, craft or hobby room, sewing room,
enclosed sunroom, or screened room.
2.49
Height of Building: The vertical distance measured from the average finished grade
on the side of the building facing the front lot line or exterior side lot line, whichever
results in the greater height measurement of the building, or from the side of the
building facing the high water mark on a lot that abuts a waterbody, or in the case of
a boathouse over water, the vertical distance between the high water mark to:
i)
In the case of a flat roof, the highest point of the roof surface;
ii) In the case of a mansard roof, the deck roof line;
iii) In the case of a gable, hip or gambrel roof, the average height between the eaves
and ridge;
iv) In the case of an A-frame, 75% of the distance between the finished grade
measured at the midpoint of the front and rear of the building and the ridge.
2.50
High Water Mark: The normal ordinary or regulated high water mark of any body of
water, as indicated by the character of the vegetation or soil.
2.51
Home Industry: A small scale light industrial use, such as a carpentry shop, a metal
working shop, a welding shop or an electrical shop that provides services or wares to
the community and which is an accessory use to a single detached dwelling. For the
purposes of this By-law, the repairing of motor vehicles, mobile homes and trailers is
not a home industry.
2.52
Home Occupation: Any occupation conducted for gain or support conducted entirely
within a single detached dwelling as an accessory use by the residents thereof in
accordance with the provisions of this By-law.
2.53
Hunt Camp: A building with a maximum floor area of 60 square metres (645.8 square
feet) occupied as a temporary base for hunting or fishing activities.
2.54
Institutional Camp: the use of land, buildings or structures for an establishment
operated by a private or non-profit organization that provides recreational,
educational, health or spiritual programs, sleeping accommodation on a temporary
and reserved basis and centralized facilities associated with such accommodation or
programs, including administration, meeting and dining facilities. An Institutional
Camp may include accessory buildings, structures or facilities incidental to the
principal use, such as common washrooms, recreational facilities, educational
facilities or a convenience store. An Institutional Camp does not include dwelling
units other than accessory dwellings for the owner, operator and staff.
2.55
Kennel: Premises where domestic household pets are kept, raised and/or boarded on
a commercial basis, and which is licensed by the Township.
TOWNSHIP OF MCMURRICH/MONTEITH ZONING BY-LAW 16-2016
Adopted by Council on June 23, 2016
Approved, in part, by the Ontario Municipal Board on January 24, 2017
Page 11
2.56
Landscaped Open Space: The open unobstructed space from ground to sky at grade
on a lot, and suitable for the growth and maintenance of grass, flowers, trees, bushes
and other landscaping and includes any surfaced walk, patio or similar area but does
not include any driveway or ramp, whether surfaced or not, any curb, retaining wall,
parking area or any open space beneath or within any building or structure.
2.57
Light Equipment Sales And Rental Establishment: Premises in which light machinery
and equipment such as air compressors and related tools and accessories, augers,
automotive tools, cleaning equipment, light compaction equipment, concrete and
masonry equipment, electric tools and accessories, fastening devices such as staplers
and tackers, floor and carpet tools, gasoline generators, jacks and hydraulic
equipment, lawn and garden tools, ladders, moving equipment, painting and
decorating equipment, pipe tools and accessories plumbing tools and accessories,
pumps, hoses, scaffoldings, welding equipment, and other similar tools and
appurtenances are offered or kept for rent, lease or hire under agreement for
compensation, but shall not include any other establishment defined or classified in
this By-law.
2.58
Loading Space: An off-street space on the same lot as the building, or contiguous
group of buildings, for the temporary parking of a commercial vehicle while loading
or unloading of merchandise or materials, which abuts upon a street, lane, road,
highway or other appropriate means of Access.
2.59
Lot: A parcel of land legally capable of being conveyed separately from any other
lands.
2.60
Lot Area: The total horizontal area within the boundaries of a lot, measured above
the High Water Mark.
2.61
Lot, Corner: A lot situated at the intersection of two or more streets, or a lot abutting
on one or more parts of the same street.
2.62
Lot Coverage: The percentage of the lot area covered by the ground floor area of all
buildings or structures on the lot, excluding a septic system leaching bed.
2.63
Lot Frontage: The horizontal straight-line distance determined as follows:
i) Where the front lot line is the high water mark, the straight-line distance
between the points where the side lot lines or their straight line projections
intersect the high water mark;
ii) Where there are no side lot lines, the greatest distance between any point on the
front lot line and any point on the rear lot line;
iii) Where there are two (2) front lot lines abutting the same street or high water
mark, the longer of the two front lot lines shall be used to measure frontage; or
TOWNSHIP OF MCMURRICH/MONTEITH ZONING BY-LAW 16-2016
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Approved, in part, by the Ontario Municipal Board on January 24, 2017
Page 12
iv) In all cases other than those above, the distance between the points where the
side lot lines intersect with the front lot line.
2.64
Lot Line: A boundary of a lot or the vertical projection of such lot line.
2.65
Lot Line, Exterior Side: The side lot line which abuts an improved public street or an
unopened road allowance on a corner lot.
2.66
Lot Line, Front:
i) In the case of an interior lot, the line dividing the lot from the street or private
right-of-way;
ii) In the case of a corner lot, the shorter lot line abutting a street or private right-of-
way shall be deemed the front lot line and the longer lot line abutting a street or
private right-of-way shall be deemed a side lot line;
iii) In the case where a lot fronts upon a waterbody, the high water mark shall be
deemed to be the front lot line; or
iv) 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, with the exception of where the
lot abuts the high water mark, in which case the high water mark is the front lot
line.
2.67
Lot Line, Interior Side: A lot line other than a front, rear, or exterior side lot line.
2.68
Lot Line, Rear: The lot line furthest from or opposite to the front lot line.
2.69
Lot Line, Side: A lot line other than a front or rear lot line.
2.70
Lot, Through:
i) a lot other than a corner, having separate frontages on two streets; or
ii) a lot other than a corner lot having separate frontages on a waterbody;
iii) a lot other than a corner lot having separate frontages on a street and a
waterbody.
2.71
Manufacturing Plant: The use of land, buildings or structure for the purposes of
manufacturing, assembling, making, preparing, inspecting, finishing, treating,
altering, repairing, warehousing or storing or adapting for sale, any good, substance,
article, thing or service.
2.72
Marina: Premises inclusive of boat launching and docking facilities, located on a
navigable waterway, where boats, other watercraft and boating accessories, and
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Approved, in part, by the Ontario Municipal Board on January 24, 2017
Page 13
recreational vehicles are stored, serviced, repaired, or kept for sale or rental and
where facilities for the sale of marine fuels and lubricants may be provided.
2.73
Medical Marihuana Production Facility: A building or structure or part thereof that is
used for growing, producing, processing, testing, destroying, storing, packaging or
shipping of marihuana or cannabis authorized by a license issued by the Federal
Minister of Health under the Controlled Drugs and Substances Act SC 1996, c 19, as
amended, but shall not include any other establishment or use as may be defined or
classified in this By-law.
2.74
Minimum Distance Separation (MDS): the mathematical tool to determine a
recommended distance between livestock and manure storage facilities and non-
agricultural uses.
2.75
Mobile Home: Any dwelling that is designed to be made mobile and constructed or
manufactured to provide a permanent residence for one of more persons, but does
not include a travel trailer or tent trailer or trailer otherwise designed.
2.76
Modular Home: a factory built home which is a single detached dwelling designed
and built to be transported to a site. It may contain parts that can be folded,
collapsed, or telescoped when being towed and expanded later to provide additional
floor space, and will sit on a permanent foundation. It shall be a minimum of two or
more separately towable components that are joined on the chosen site. The
modular dwelling is designed for long term year round occupancy. It has facilities for
cooking, eating, living, sleeping and sanitation. A modular dwelling does not include
a park model mobile home trailer, travel trailer, tent trailer or trailer otherwise
designed. For the purposes of this definition, a modular home having an A277
Standard is permitted, while those having either a Z240, Z241 Standard or a
combination of either of these with the A277 Standard are not permitted.
2.77
Motor Vehicle: Any equipment self-propelled by an engine or a motor mounted on
the vehicle, within the meaning of The Highway Traffic Act.
2.78
Motor Vehicle Body Shop: Premises used for the painting or repairing of motor
vehicle bodies, in conjunction with which there may be towing services and motor
vehicle rentals for customers while the motor vehicle is under repair, but shall not
include any other establishment otherwise defined or classified in this By-law.
2.79
Motor Vehicle Dealership: Premises where a dealer displays new motor vehicles for
sale or rent or where used motor vehicles are kept for sale in conjunction with which
there may be a motor vehicle repair garage or a motor vehicle Body Shop.
2.80
Motor Vehicle Repair Garage: Premises where the exclusive service performed or
executed on motor vehicles for compensation may include the installation of exhaust
systems, repair of the electrical systems, transmission repair, brake repair, radiator
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Approved, in part, by the Ontario Municipal Board on January 24, 2017
Page 14
repair, tire repair and installation, rustproofing, motor vehicle diagnostic centre,
major and minor mechanical repairs or similar use and in conjunction with which
there may be a towing service, a motor vehicle service station and motor vehicle
rentals for the convenience of the customer while the motor vehicle is being
repaired, but shall not include any other establishment otherwise defined or
classified in this By-law.
2.81
Motor Vehicle Service Station: Premises where gasoline, oil, grease, antifreeze, tires,
tubes, tire accessories, electric light bulbs, sparkplugs, batteries, automotive
accessories for motor vehicles, and new retail goods are stored or kept for sale to the
general public; such shall require a public washroom.
2.82
Non-Complying: An existing lot, building or structure that does not fulfill the
requirements of the zone provisions for the zone in which the lot, building or
structure is located.
2.83
Non-Conforming: An existing use of any land, building or structure which does not
conform with the permitted uses of this By-law for the zone in which such existing
land, building or structure is located, so long as it continues to be used or enjoyed for
that purpose.
2.84
Noxious: When used with reference to any use or activity in respect of any land,
building or structure or a use or activity which, from its nature or form the manner of
carrying on same, creates or is liable to create, by reason of destructive gas or fumes,
dust, objectionable merchandise, salvage, machinery parts, junk, waste or other
material(s), conditions which may become hazardous or injurious as regards to health
or safety or which prejudices the character of the surrounding area or interferes with
or may interfere with the normal enjoyment of any use or activity in respect of any
land, building or structure.
2.85
Nursing Home: Premises in which the proprietor supplies for hire or gain, lodging
with or without meals and nursing, medical or similar care and treatment, and
operates under the appropriate statute(s).
2.86
Office: Premises in which one or more persons are employed in the management,
direction or conducting of a business, or where professionally qualified persons and
their staff serve clients or patients who seek advice, consultation or treatment.
2.87
Open Storage: The storage of goods, merchandise or equipment outside of a building
or structure on a lot but does not include the storage of vehicles or equipment for
sale of repair. This definition shall not include the open storage of goods or
equipment incidental to the residential occupancy of the lot, a parking area, or a
storage use or area located inside a building.
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2.88
Outdoor Display and Sales Area: An area of land, used in conjunction with a
business located within a building or structure on the same lot, for the display or sale
of produce, merchandise or the supply of services.
2.89
Park: An area of public land specifically defined or set aside for use by and for the
general public for active and/or passive recreational uses, and includes all
landscaping, facilities, buildings and structures related to the recreation use.
2.90
Parking Area: An area or a building or part thereof which is provided and maintained
upon the same lot upon which the principal use is located for the purpose of parking
motor vehicles.
2.91
Parking Space: An area of not less than 18 square metres (194 square feet), exclusive
of any aisles or ingress and egress lanes, usable for the temporary parking or storage
of motor vehicles and may include a private garage or carport. Each parking space
shall be at least 3.0 metres (9.8 feet) by 6.0 metres (19.7 feet).
2.92
Pit: An area where unconsolidated gravel, stone, sand, earth, clay, fill, mineral or
other material is being or has been removed by means of an excavation to supply
materials for construction, industrial or manufacturing purposes, but does not
include a wayside pit.
2.93
Pit, Wayside: a temporary pit opened and used by a public authority, or their agents,
solely for the purpose of road construction or an associated road project or contract
and which is not located on the road right-of-way.
2.94
Place of Assembly: Premises designed and used to accommodate gatherings of
people such as clubs, reception halls, funeral homes, conference centres, legion halls,
community halls and lodges, and for events such as trade shows, banquets, and
political or other conventions.
2.95
Place of Worship: A church, chapel, temple, parish hall, mosque or synagogue
including offices for the administration of the religious institution, convent, seminary,
monastery, rectory, parsonage or parish house.
2.96
Planting Strip: A landscaped or naturally planted area reserved for the purpose of
screening adjacent uses by the planting or maintaining of trees and shrubs and shall
consist of at least a continuous row of trees, evergreens or shrubs, not less than 1.8
metres (5.9 feet) high.
2.97
Porch: A structure attached to a permitted building which is covered and enclosed
partially or wholly on its sides by screening.
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2.98
Portable Processing Plant: Equipment for the crushing, screening or washing of sand
and gravel aggregate materials, which is capable of being readily drawn or readily
propelled by a motor vehicle and is not considered permanently affixed to the site,
but not including a concrete batching plant or an asphalt plant.
2.99
Principal Building: Any building which is the principal purpose for which the building
lot is used and shall include a barn or silo used in conjunction with an agricultural
use.
2.100 Private Road: A road, laneway or driveway providing motor vehicle access to a
property which is not a Public Road including a right-of-way or an Access Road as
defined in the Road Access Act.
2.101 Public Authority: Any Federal, Provincial, or Municipal agency, and includes any
commission, board, authority or department established by such agency and shall
include Hydro One, Ontario Power Generation, and Bell Canada.
2.102
Public Road: A road that is either under the jurisdiction of the Province of Ontario or
the Township, and which may be shown on the schedules to this By-law as a
"Municipal Year Round Road" or a "Municipal Seasonal Road".
2.103
Public Use: The use of premises by a public authority, for the purpose of providing its
services to the public, or carrying out its public mandate.
2.104
Pumphouse: An Accessory building used only to shelter a pump and related tools and
equipment used to take water from a well, stream or lake and pressurize it, and
which has a horizontal floor area of less than 1.5 square metres (16.1 square feet).
2.105
Quarry: An area where consolidated rock has been or is being removed by means of
an open excavation to supply material for construction, industrial or manufacturing
purposes, but does not include a wayside quarry or open pit or mine.
2.106
Quarry, Wayside: a temporary quarry opened and used by a public authority, or
their agents, solely for the purpose of road construction or an associated road project
or contract and which is not located on the road right-of-way.
2.107
Recreational Facility: Premises designed and equipped for the conduct of sports,
leisure time activities and other customary and usual recreational activities.
2.108
Recreational Trail: An integrated, accessible open space system used for hiking,
horseback riding, cross country skiing, snowmobiling and/or other similar forms of
recreation travel.
2.109
Restaurant: Premises where food is offered for sale or sold to the public primarily for
immediate consumption.
TOWNSHIP OF MCMURRICH/MONTEITH ZONING BY-LAW 16-2016
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2.110
Retail Store: Premises where goods, wares, merchandise, substances or articles, are
offered or kept for retail sale or rental and includes storage on or about the store
premises for limited quantities of such goods, wares, merchandise, substances, or
articles sufficient to service such stores but does not include any retail outlet
otherwise classified or defined in this By-law.
2.111
Salvage or Wrecking Yard: Premises where motor vehicles and parts are wrecked,
disassembled, repaired and resold; second-hand goods, including waste paper,
bottles, automobile tires, clothing, other scrap materials, used lumber, used building
materials and salvage are collected to be sorted, and/or stored for sale or resale.
2.112
Sawmill or Planing Mill: Premises where timber is cut or milled, and temporarily
stored either as finished or unfinished lumber.
2.113
Septic System Leaching Bed: An absorption system constructed as absorption
trenches or as a filter bed, located wholly in filter media that is contained between
the surface to ground or raised or partly raised above ground as required by local
conditions, to which effluent from a treatment unit is applied for treatment and
disposal but does not include the mantle area.
2.114
Service Shop, Light: Premises, not otherwise defined or classified in this By-law, for
the servicing or repairing of articles, goods or materials, as well as facilities for
accessory retail sales.
2.115
Service Shop, Personal: Premises in which persons are employed in furnishing
services and otherwise administering to the individual and personal needs of
persons, such as a barber's shop, a ladies hairdressing establishment or a shoe repair
shop.
2.116
Setback: The distance between a lot or zone boundary and a building, structure or
use on a lot.
2.117
Shoreline Buffer: A natural area maintained in its natural pre-development state,
with the exception of minimal pruning of vegetation and the removal of trees for
safety reasons, for the purpose of buffering buildings or structures on a lot. Where
the natural state has been altered, the area may be planted with indigenous trees
and shrubs. Where the natural shoreline of a property is a natural beach or is a rock
outcropping with little or no soil, such shall be deemed to comply.
2.118
Storey: The portion of a building other than the basement 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.
2.119
Street: A highway as defined under The Highway Traffic Act, or the Municipal Act or a
public road which has been assumed and is maintained by the Township.
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Approved, in part, by the Ontario Municipal Board on January 24, 2017
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2.120
Street Line: The limit of the street or road allowance and the dividing line between a
lot and a street or road.
2.121
Structure: Anything man-made that is fastened to or into the earth or another
structure or rests on the earth by its own mass or is attached to a building including a
trailer, septic system leaching bed, holding tanks, satellite receiving dishes and heat
pumps.
2.122
Tent: A portable shelter made of leather, canvas, cloth or similar material, usually
supported by poles and usually extended by means of ropes fasted to pegs inserted
into the ground.
2.123
Tourist Establishment: The premises used for the provision of commercial roofed
accommodation where commercial accommodation units are offered for rent on a
short term or transient basis to the public who is travelling, vacationing, engage in
leisure or recreation, or participating in conventions or meetings. A tourist
establishment may include accessory uses, services, equipment or facilities, including
a restaurant, normally incidental to such accommodation. A tourist establishment
does not include a dwelling unit except for a dwelling unit for the owner or operator,
or staff quarters that are accessory to the principal use. A tourist establishment does
not include a campground.
2.124
Township: The Corporation of the Township of McMurrich/Monteith.
2.125
Trailer: Any vehicle so constructed that it is suitable for being attached to a motor
vehicle for the purpose of being drawn or is propelled by the motor vehicle and is
capable of being used for the living, sleeping, or eating accommodation of persons on
a temporary, transient or short term basis, even if the vehicle is jacked up or its
running gear is removed. Examples include a tent trailer, a camper trailer, a
recreational trailer, a fifth wheel, a bus converted into a motor home, a motor home,
a truck camper but does not include a mobile home.
2.126
Trailer, Park Model: means a manufactured building to which Section 9.39 of the
Building Code applies, which has been designed and constructed in conformance
with CAN/CSA-Z241 Series, "Park Model Trailers", and which is used or is intended to
be used as a seasonal recreation building or residential occupancy.
2.127
Truck Camper: Any unit constructed so that it may be attached upon a motor vehicle,
as a separate unit, and capable of being temporarily utilized for the lodging of
persons.
2.128
Use: Any purpose for which a building, structure or a parcel of land may be designed,
arranged, intended, maintained or occupied; or any activity, occupation, business or
operation carried on, or intended to be carried on, in a building, structure or on a
parcel of land.
TOWNSHIP OF MCMURRICH/MONTEITH ZONING BY-LAW 16-2016
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2.129
Veterinary Clinic: Premises where a veterinary surgeon treats domestic animals,
birds or other livestock and in which animals may be boarded.
2.130
Warehouse: Premises used for the storage and distribution of goods, wares,
merchandise, substances or articles and may include facilities for a wholesale or
retail commercial outlet, but shall not include facilities for a truck or transport
terminal or yard.
2.131
Waste Disposal Site: An area of land where garbage, refuse and/or domestic waste is
disposed of or dumped and, for the purposes of this By-law, shall include a sanitary
landfill site or sewage lagoon owned, operated and maintained by the Township or
the Ministry of the Environment or their agents, but shall not include a private or
communal septic system leaching bed.
2.132
Waterbody: A lake greater than 15 ha in area and any navigable river or stream.
2.133
Watercourse: A body of water or natural channel for a perennial or intermittent
stream of water including a river or stream, but not including a waterbody as defined
herein.
2.134
Waterfront Landing: The use of land as a docking and parking facility, which serves as
a mainland access point for a commercial or residential property that are accessible
by water, but which does not include vessel or vehicle sales, rental or service, or the
sale of fuel.
2.135
Water Setback: The straight line horizontal distance from the high water mark of a
waterbody to the nearest part of an excavation, building, structure, or open storage
use on the property.
2.136
Workshop: Premises where fabrication or manufacturing is performed by
tradespersons requiring manual or mechanical skills and may include an
upholsterer's shop, a carpenter's shop, a locksmith's shop, a gunsmith's shop, a
tinsmith's shop, a machine and/or welder's shop.
2.137
Yard: An open, uncovered space on a lot appurtenant to a principal building or use
and unoccupied by buildings or structures except as specifically permitted in this By-
law.
2.138
Yard, Exterior Side: A yard extending from the required front yard to the required
rear yard and from the exterior side lot line of the lot to the nearest part of any
building or structure on the lot, the nearest outside storage use on the lot, or edge or
rim of an excavation on the lot.
TOWNSHIP OF MCMURRICH/MONTEITH ZONING BY-LAW 16-2016
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Page 20
2.139
Yard, Front: 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, the nearest
outside storage use on the lot, or edge or rim of an excavation on the lot.
2.140
Yard, Interior Side: A yard extending from the required front yard to the required
rear yard and from the interior side lot line of the lot to the nearest part of any
building or structure on the lot, the nearest outside storage use on the lot, or edge or
rim of an excavation on the lot.
2.141
Yard, Rear: 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, the nearest
outside storage use on the lot, or edge or rim of an excavation on the lot.
2.142
Yard, Required: The minimum yard required by the provisions of this By-law.
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Page 21
PLANSCAPE
Building Community Through Planning
Section 3 - GENERAL PROVISIONS
3.1
Accessory Buildings, Structures and Uses
3.1.1 Permitted Uses
a) Where this By-law provides that a lot may be used and a building or
structure may be erected or used for a purpose, that purpose shall include
any accessory building or accessory use provided that a building permit for
the principal use, if required, is issued or that the principal building or
structure is already in existence on the lot.
b) Accessory buildings shall not be used for any occupation for gain or human
habitation, except where specifically permitted by this By-law.
3.1.2 Setback Requirements
Except as specifically provided in this section, any accessory building or structure
shall comply with the applicable yard and setback requirements of the zone
within which it is located.
3.1.3 Principal Building to be Erected First
No accessory building or structure shall be erected on any lot until the principal
building has been erected, with the exception of: temporary construction uses
or a garage during the term of an active building permit for the principal
building, or a septic system, or dock, or a single storage shed not exceeding 25
square metres (270 square feet) in gross floor area.
3.1.4 Lot Coverage
The total lot coverage of all accessory buildings and structures shall not exceed 5
percent of the lot area and shall be included as part of the total permitted lot
coverage noted in Table 5 of this By-law.
3.1.5 Height
The height of any accessory building or structure, with the exception of a
detached garage, shall not exceed 6 metres (19.7 feet) or the height of the
permitted principal building or structure whichever is most restrictive.
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3.1.6 Accessory Structure Encroachments
a) Notwithstanding the yard and setback provisions of this By-law to the
contrary, drop awnings, clothes poles, flag poles, garden trellises, retaining
walls, fences, signs, or similar uses which comply with this By-law are
permitted in any required yard.
b) The following obstructions may project not more than 1.0 metre (3.3 ft.)
into a required side yard and not more than 1.5 metres (4.9 ft.) into any
other required yard:
fire escape or open stairway
deck
bay window
dormer
vestibule
provided, however, such obstruction is no closer than 1.0 metre (3.3 ft.) to
the lot line.
3.1.7 Dock or Launching Ramp
Notwithstanding the yard provisions of this By-law to the contrary, a boat
launching ramp, or dock may be erected and used in any yard, abutting on a
navigable waterway, except where prohibited by the provisions of a specific
zone, provided such structure is located no closer than 6 metres (19.7 feet) to
the side lot line or the projection of the side lot line into the water, and provided
all applicable Federal and Provincial statutes and regulations are adhered to.
3.1.8 Boathouse or Boat Port
a) The maximum size of any boathouse or boat port shall be one storey in
height and 100 square metres (1,076.4 square feet) in area.
b) A maximum of one boathouse or boat port is permitted on a lot.
c) A minimum side yard of 6 metres (19.7 feet) is maintained both on land
and in the water when the side lot line boundaries are extended from the
high water mark into the water.
d) The maximum projection of a boathouse or boat port into the water shall be
15 metres (49.2 feet) from the high water mark.
e) No boathouse, or part thereof, shall be used for the provision of sleeping or
TOWNSHIP OF MCMURRICH/MONTEITH ZONING BY-LAW 16-2016
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Page 23
cooking accommodation.
f) All applicable Federal and Provincial statutes and regulations are adhered to.
3.1.9 Garages or Other Accessory Buildings or Structures
a) Notwithstanding the yard and setback provisions of this By-law to the
contrary, a detached private garage or other accessory building or
structure may be erected and used in a side or rear yard, provided that:
i) where such accessory building or structure is located in an interior side
yard, it shall not be closer than 3 metres (9.8 feet) to the interior side
lot line or 10 metres (32.8 feet) to an exterior side lot line;
ii) where such accessory building or structure is located in a rear yard, it
shall not be closer than 3 metres (9.8 feet) to the rear lot line except,
where the rear lot line abuts a municipally maintained road, where it shall
not be closer than 10 metres (32.8 feet) to the rear lot line;
iii) Notwithstanding the foregoing provisions, no accessory building or
structure shall be erected closer than 6 metres (19.7 feet) to an interior
side lot line within any Commercial (C) or Industrial (I) zone; and
iv) A maximum of one detached garage is permitted on a lot.
b) The maximum height for a detached garage shall be 10 metres (32.8 feet),
provided the garage meets all yard requirements for the principal building;
otherwise, the maximum height shall be 6 metres (19.7 feet).
3.1.10 Decks, Steps, Balconies, Verandahs or Patios
Notwithstanding the yard and setback provisions of this By-law, decks, balconies,
steps and patios, may project into any required yard a maximum of 3 metres (9.8
feet), but not closer than 1.5 metres (4.9 feet) to any lot line, where the floor of
any porch, balcony, or deck is more than 1.0 metres (3.3 feet) above finished
grade the setback requirements for the principal use shall apply.
3.1.11 Gazebo
One freestanding gazebo may be permitted within the required yard abutting a
shoreline in the Rural (RU) or Waterfront Residential (WR) zone, provided that:
i) the structure does not exceed 15 square metres (161.5 square feet) in
floor area, but may not be located on a dock;
ii) the gazebo is set back at least 4 metres (13 feet) from the shoreline; and,
TOWNSHIP OF MCMURRICH/MONTEITH ZONING BY-LAW 16-2016
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Approved, in part, by the Ontario Municipal Board on January 24, 2017
Page 24
iii) the gazebo is set back at least 2 metres (6.6 feet) from any side lot line.
3.1.12 Guest Cabin
a) A guest cabin is permitted on a lot in the Rural (RU) or Waterfront Residential
(WR) zone provided that:
i) No cooking facilities are located in the guest cabin;
ii) It has an area of 50 square metres (538 square feet) or less;
iii) It has a height not greater than one storey;
iv) It complies with all of the setbacks that apply to the principal building on
the lot; and
v) A maximum of one guest cabin is permitted on a lot.
b) A guest cabin may be permitted in a detached garage.
3.1.13 Pumphouse
A pumphouse may be erected and used in the required yard of a lot abutting a
shoreline provided it complies with the minimum required side yard. A free
standing pumphouse shall not exceed a height of 2 metres (6.6 feet) or an area
of 9 square metres (96.9 square feet).
3.1.14 Septic System Leaching Bed
No part of any septic system leaching bed shall be located within 30 metres (98.4
feet) of the high water mark of any waterbody. Notwithstanding the 30 metres
(98.4 feet) setback, the replacement and/or enlargement of an existing septic
system leaching bed can be located at its existing setback from the high water
mark, or a minimum 15 metres (49.2 feet) from the highway water mark,
whichever is greater. Setbacks for septic system leaching beds shall not be
required from any other lot lines other than those required by the Ontario
Building Code.
3.1.15 Temporary Structure and Uses
A structure without a foundation or footings which is removed when the
designated time period, activity or use for which the temporary structure was
erected has ceased, including tents, canopies, platforms and exterior displays,
which shall only be permitted as accessory to a permitted use and shall meet all
of the requirements of this By-law. Temporary structures shall only be erected
or used for a period of up to 60 days in any given calendar year.
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Approved, in part, by the Ontario Municipal Board on January 24, 2017
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3.2
Building Permit Issued
The provisions of this By-law shall not apply to prevent the Use of any Existing Lot,
Building or Structure for any purpose prohibited by this By-law for which the plans have,
prior to the passing of this By-law, been approved by the Chief Building Official, so long
as the Building or Structure, when Erected, is used and continues to be used for the
purpose for which it was Erected or the Building permit remains valid.
3.3
Established Building Line
Where a permitted dwelling is to be erected on a lot and where there is an established
building line extending along the street on both sides of the lot 50 metres (164 feet) in
either direction, such permitted dwelling may be erected closer to the street line than
required by this By-law such that the yard is equal to the average setback of adjacent
dwellings on the same side of the street. This provision does not apply to the lot line
abutting a waterbody.
3.4
Existing Buildings, Structures and Uses
3.4.1 Continuation of Existing Uses:
The provisions of this By-law shall not apply to prevent the use of any lot,
building or structure for any purpose prohibited by this By-law if such lot,
building, or structure was lawfully used and legally established for such purpose
on the date of passing of this By-law so long as it continues to be used for that
purpose and the use has not been discontinued.
3.4.2 Prohibited Exterior Extension:
The exterior of any building or structure, which at the date of passing of this By-
law was lawfully used for a purpose not permissible within the Zone in which it is
located, shall not be enlarged, extended, reconstructed, or otherwise structurally
altered, unless such building or structure is to be used for a purpose permitted
within such Zone, and complies with all requirements of this By-law for such
Zone.
3.4.3 Permitted Interior Alteration:
The interior of any building or structure, lawfully used at the date of passing of
this By-law may be reconstructed or structurally altered, in order to render the
same more convenient or commodious for the same purpose for which such
building or structure was lawfully used.
TOWNSHIP OF MCMURRICH/MONTEITH ZONING BY-LAW 16-2016
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Approved, in part, by the Ontario Municipal Board on January 24, 2017
Page 26
3.4.4 Restoration to a Safe Condition:
Nothing in this By-law shall prevent the strengthening or restoration to a safe
condition of any building or structure or part thereof lawfully used on the date of
passing of this By-law, provided that the strengthening or restoration does not
increase the building height, size or volume, or change the use of such building
or structure, and provided that approval for a septic system may be obtained for
the use, where applicable.
3.4.5 Permitted Non-Complying Building or Structure:
Nothing in this By-law shall prevent the reconstruction, relocation, renovation,
enlargement or repair of an existing building or structure on a lot that does not
comply with the setback and yard requirements of this By-law, which existed at
the date of passing of this By-law, and which is used for a purpose specifically
permitted within the Zone in which such building or structure is located,
provided:
i) there is no further encroachment into the required setback or yard;
ii) any addition to the existing building or structure maintains the existing
setback from the high water mark or 15 metres (49.2 feet), whichever is
greater;
iii) approval for a septic system is obtained, where applicable; and,
iv) it is in compliance with all other provisions of this By-law.
3.5
Existing Lots
3.5.1 Existing Undersized Lots:
Notwithstanding any other provision of this By-law to the contrary, where a lot
having a lesser lot area and/or frontage than required herein is not located on an
island and is held under distinct and separate ownership from an abutting lot or
lots as shown by a conveyance of title properly registered prior to the date of
passing of this By-law or, where such a lot is created as a result of an
expropriation, or highway widening or other land acquisition by any public
authority, such lot may be used and a building or structure may be erected,
altered or used on such smaller lot, provided that all other applicable zone
provisions of this By-law are complied with.
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Approved, in part, by the Ontario Municipal Board on January 24, 2017
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3.5.2 Enlargement of Existing Lots:
Where lands are added to an existing undersized lot, the resulting lot shall be
deemed to comply with the minimum lot frontage and area requirements of this
By-law, and may be used for a purpose permitted in the Zone in which such lot is
located, provided it is in compliance with all other applicable provisions of this
By-law.
3.6
Floor Area Less Than Required:
Nothing in this By-law shall prevent an extension or an addition being made to a
permitted Dwelling, which Dwelling existed at the time of passing of this By-law but
which has a gross floor area less than required by this By-law, provided such extension
or addition does not contravene any other provision of this By-law.
3.7
Frontage on a Public Road
3.7.1 Improved Public Road
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 and is directly
accessible from a road maintained year round by a public authority, except as
noted below.
3.7.2 Subdivision Agreement
The provisions of Section 3.7.1 shall not apply to prevent the erection of a
permitted building or structure on a lot in a registered plan of subdivision where
a Subdivision Agreement has been entered into with the Township,
notwithstanding that the road or roads will not be assumed by the Township
until the end of the maintenance period.
3.7.3 Existing Uses not on a road maintained year round by a public authority
The provisions of Section 3.7.1 shall not apply to prevent the enlargement,
extension, renovation, reconstruction or other structural alteration of an existing
building or structure, which is located on a lot which fronts on a road that is not
maintained year round by a public authority, provided the use of such building or
structure does not change and is permissible within the zone in which it is
located.
TOWNSHIP OF MCMURRICH/MONTEITH ZONING BY-LAW 16-2016
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Approved, in part, by the Ontario Municipal Board on January 24, 2017
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3.7.4 Exception to Road Access
a) Where a lot is located in the Waterfront Residential (WR) zone, a use,
building or structure may be used on such lot in accordance with the
provision of the zone with access by a seasonally maintained public road, a
Crown road, or a private road with legal right-of-way.
b) Where a lot is located on an island, or is a lot that abuts a waterbody which
does not have road access and only has water access from a navigable
waterway, adequate long term parking and docking facilities shall be
provided to the satisfaction of the Township.
3.7.5 Hunt Camp
A hunt camp shall be permitted if it is located a minimum of 120 metres (393.7
feet) from the nearest Public Road in the Rural (RU) zone. The provisions and
requirements of the Waterfront Residential Zone (WR) zone apply to any hunt
camp.
3.7.6 Condominium Access
Where property is developed by condominium description, the lot frontage and
access may be on a private road for individual units within the condominium
description.
3.8
Group Home
a) A group home is permitted in all zones that permit a dwelling as a permitted use.
b) No group home shall be permitted within 450 metres (1,476.4 feet) of another group
home in the Township.
3.9
Height Exceptions
Notwithstanding the height provisions of this By-law to the contrary, nothing in this By-
law shall apply to prevent the erection, alteration, or use of a barn, silo, church spire,
belfry, flag pole, clock tower, chimney, water tank, radio or television tower or antenna,
air conditioner duct, grain elevator, incidental equipment required for processing,
external equipment associated with internal equipment or machinery and conveying
equipment, which exceeds the maximum height requirements provided the main or
principal use is permitted within the zone in which it is located and provided all other
applicable provisions of this By-law are complied with.
TOWNSHIP OF MCMURRICH/MONTEITH ZONING BY-LAW 16-2016
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Approved, in part, by the Ontario Municipal Board on January 24, 2017
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3.10
Home Occupation:
The following regulations apply to regulate a home occupation where such a use is
permitted.
i) The home occupation shall clearly be secondary to the main residential use of the
property and shall not change the residential character of the dwelling;
ii) Such home occupation shall not be a nuisance to, nor interfere with, television or
radio reception of others in neighbouring buildings or structures;
iii) Such home occupation shall not include a medical clinic, a private hospital, a nursing
home, a boarding house, an eating establishment or a veterinary clinic, but may
include a business or professional office that complies with the provisions of this
subsection;
iv) There shall be no display to indicate that any part of the property is being used for
other than residential or agricultural uses except for an unlit sign of not more than
0.5 square metres (5.4 square feet), except where a lot fronts on a Provincial
Highway, in which case the requirements of the Province shall be complied with;
v) The home occupation use shall be conducted entirely within the dwelling;
vi) Not more than 25% of the gross floor area of the dwelling shall be used for the
purposes of home occupation use;
vii) Such use is conducted by a person or persons residing in the dwelling;
viii) There shall be no more than two (2) commercial vehicles parked at any one time on
the property;
ix) There shall be no outside storage of goods or materials associated with the home
occupation use, unless screened from view with a planting strip or privacy fence;
and,
x) There shall be no goods, wares or merchandise offered for sale or rent from the
dwelling which are not manufactured or processed on the lot.
3.11
Home Industry:
The following regulations apply to regulate a home industry where such a use is
permitted:
i) The home industry shall clearly be secondary to the main residential use of the
property and shall not change the residential character of the dwelling;
ii) There shall be no emission of noise, odour or dust that is not normally attributable
to the use of the land for other uses permitted in the Zone;
iii) Such home industry shall not be a nuisance to, nor interfere with, television or radio
reception of others in neighbouring buildings or structures;
TOWNSHIP OF MCMURRICH/MONTEITH ZONING BY-LAW 16-2016
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iv) There shall be no display to indicate that any part of the property is being used for
other than residential or agricultural uses except for an unlit sign of not more than
0.8 square metres (8.6 square feet), except where a lot fronts on a Provincial
Highway, in which case the requirements of the Province shall be complied with;
v) No home industry shall be located within 300 metres (984.3 feet) of any waterbody;
vi) The home industry shall meet the same yard provisions as required for the principal
residential use for the Zone in which it is located, with the exception of the interior
side yard, which shall be a minimum of 10 metres (32.8 feet);
vii) The use shall not occupy more than 25% of the gross floor area of a dwelling, or
where located in an accessory building, shall not occupy more than 90 square
metres (968.8 square feet);
viii) A maximum of two (2) employees who do not live in the dwelling may be employed
on site in the home industry and additional employees may be employed off-site;
ix) There shall be no more than three (3) commercial vehicles parked at any one time
on the property;
x) Any permitted open storage shall be screened from view;
xi) A planting strip shall be provided on the lot in accordance with the provisions of this
By-law; and,
xii) There shall be no goods, wares or merchandise offered for sale or rent from the
dwelling which are not manufactured or processed on the lot.
3.12
Landscaping and Buffers
a) A minimum 3.0 metre (9.8 feet) landscaped buffer shall be provided along a side or
rear lot line of a commercial or industrial zone.
b) Landscaping shall be provided, planted or located, and maintained in a healthy
condition by the owner of the land on which the landscaping is located.
c) Where landscaping is required on a lot, such lot shall not be used for any purpose
other than that which existed at the date of passing of this by-law, until the required
planting strip/privacy fence is planted or located, unless as otherwise provided for in
a registered site plan agreement.
d) Where a lot abuts a waterbody, a shoreline buffer measured 7.5 metres inland from
the shoreline is required to be restored and maintained save and except for up to
25% of the shoreline frontage to a maximum width of 20 metres. Within the
shoreline buffer, no vegetation shall be removed with the exception of dead or
decaying vegetation that creates a potential safety hazard. Areas not built on with
structures will have soft landscaping.
TOWNSHIP OF MCMURRICH/MONTEITH ZONING BY-LAW 16-2016
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Approved, in part, by the Ontario Municipal Board on January 24, 2017
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3.13
Loading Space Regulations:
Loading or unloading spaces are required under this By-law, in accordance with the
Loading Space Requirement Table. The owner of every building or structure erected for
any purpose involving the receiving, shipping, loading or unloading of persons, animals,
goods, wares, merchandise or raw materials shall provide and maintain on the lot,
loading and unloading spaces. For the purposes of this By-law, each loading or
unloading space shall be 9.0 metres (29.5 feet) in length, 4.0 metres (13 feet) in width
and have a vertical clearance of 5.0 metres (16.4 feet). In addition, adequate space shall
be provided for the parking of vehicles awaiting access to the loading or unloading
spaces.
Table 1 - LOADING SPACE REQUIREMENTS
Gross Floor Area of Building
Loading Spaces Required
Less than 300 m2 (3,200 sq. ft.)
1 space
300 m2 to 2,800m2 (3,230-30,140 sq. ft.)
2 spaces
2,800m2 to 7,500m2 (30,140-80,730 sq.
ft.)
3 spaces
More than 7,500m2 (80,730+ sq. ft.)
3 spaces + 1 additional space for each additional
9,300 m2 (100,100 sq. ft.) or part thereof in
excess of 7,500 m2 (80,730 sq. ft.)
3.13.1 Access:
Access to loading or unloading spaces shall be by means of a driveway at least 6
metres (19.7 feet) in width contained on the lot on which the spaces are located
and leading to a public road.
3.13.2 Loading Space Surface:
Driveways, loading and unloading spaces, and, related aisles and turning areas
shall be maintained with a stable surface which is treated so as to prevent the
raising of dust. Such loading and unloading facilities shall be constructed of
crushed stone, gravel, asphalt, concrete or similar material and shall include
provisions for drainage facilities.
3.13.3 Location:
The loading space or spaces required hereunder shall be located in the interior
side or rear yard unless such space or spaces are removed from the street line a
minimum distance of 15 metres (49.2 feet).
TOWNSHIP OF MCMURRICH/MONTEITH ZONING BY-LAW 16-2016
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Approved, in part, by the Ontario Municipal Board on January 24, 2017
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3.13.4 Additions to or Change in Use of Existing Buildings:
The loading space requirements shall not apply to any building in existence at
the date of passing of this By-law so long as the gross floor area, as it existed as
such date, is not increased; if an addition is made to the building or structure
which increases the gross floor area, or if the use is changed, then additional
loading spaces shall be provided in accordance with the Loading Space Table
Requirements for such addition or use.
3.14
Mobile Home
A mobile home may be used as a dwelling where it is listed as a permitted use in the
Zone in which it is located and where it meets the following requirements:
i) The structure must be constructed to C.S.A. Standards Z240 or Z241 and located on
permanent foundations, with the running gear and towing equipment removed;
ii) The structure shall have at least 60 square metres (646 square feet) of ground floor
areas and be completely enclosed from the surface of the finished grade to the roof;
and
iii) The structure shall be fully serviced with running water, electricity and sanitary
sewage facilities.
3.15
Mobile Home Parks
The establishment of a mobile home park is prohibited in any Zone, unless specifically
recognized in Section 4.5 of this By-law
3.16
Multiple Uses on One Lot
Where any land, building or structure is used for more than one permitted use, the
applicable zone provisions of this By-law which service to regulate each such use shall be
complied with.
3.17
Multiple Zones on One Lot
Where a lot is divided into more than one zone under the provisions of this Bylaw, each
such portion of the lot shall be used in accordance with the zone provisions of this By-
law for the applicable zone as if it were a separate lot, provided however that a
maximum of one dwelling is permitted on the lot.
3.18
Number of Dwellings per Lot
Unless specified elsewhere in this By-law, no more than one dwelling shall be permitted
on a lot.
TOWNSHIP OF MCMURRICH/MONTEITH ZONING BY-LAW 16-2016
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Approved, in part, by the Ontario Municipal Board on January 24, 2017
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3.19
Outdoor Storage
Where outdoor storage is permitted, the following provisions shall apply:
i) Outdoor storage is located behind the front or exterior wall of the main building
facing any street and complies with all yard requirements;
ii) Any portion of a lot used for outside storage is screened from adjacent uses and
streets adjoining the lot by a building, planting strip, and or fence at least 2.0 metres
(6.6 feet) in height from the ground; and,
iii) The area used for outdoor storage shall be in addition to the areas required for
parking, loading and landscaping.
3.20
Parking Area Regulations
3.20.1 More than One use on a Lot
When a building or structure accommodates more than one type of use, the
parking space requirement for the whole building or structure shall be the sum
of the requirements for the separate parts of the building.
3.20.2 Parking Area Location on Lot
Notwithstanding the yard and setback provisions of this By-law to the contrary,
uncovered surface parking areas shall be permitted in the required yard or in the
area between the street line and the required setback provided that they are a
minimum of 1.0 metre (3.3 feet) from any lot line.
3.20.3 Additions to, or changes in, the Use of Existing Buildings and Structures
a) The Parking Space requirements referred to herein shall not apply to any
existing building or structure so long as the gross floor area is not increased.
If any addition is made to a building or structure which increases its gross
floor area, parking spaces for the addition shall be provided as required by
the Parking Area Regulations. Where a change in use occurs, parking spaces
shall be provided for such new use in accordance with the requirements of
the Parking Area Regulations.
b) The provision of this paragraph shall not apply to require the establishment
of Parking Spaces for a dwelling which existed at the passing of this By-law.
3.20.4 Use of Parking Spaces and Areas
Parking Spaces and areas required in accordance with this By-law shall be used
for the parking of operative, currently licensed vehicles only, and for vehicles
used in operation incidental to the permitted uses on the lot.
TOWNSHIP OF MCMURRICH/MONTEITH ZONING BY-LAW 16-2016
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Table 2 - PARKING REQUIREMENTS
Type of Building
Minimum Parking Required
Dwelling; Agricultural Use;
2 parking spaces for each dwelling
Bed and Breakfast Establishment
1 parking space for each guest room in addition to 2
parking spaces for the dwelling
Medical, Veterinary, Dental Office or Clinic
5 parking spaces for each Practitioner
Place of Assembly; Place of Worship; Community Centre;
Funeral Home, Restaurant,
Where there are fixed seats, 1 parking space for every
4 seats or 3 metres (9.8 feet) of bench space. Where
there are no fixed seats, 1 parking space for each 10 sq.
metres (107.6 sq. feet) of floor area devoted to public
use.
Tourist Establishment, Campground
1 parking space for each guest room, cottage, cabin or
camp site, plus such parking facilities as are required
for a restaurant, should such exist.
Office, including a Home Occupation or Home Industry;
Day Care Centre
1 parking space for each 20 sq. metres (215.3 sq. feet)
directly related to the permitted use.
Manufacturing, Processing, Assembling or Fabricating
Plant; Bulk Fuel Depot, Building Supply and Lumber
Outlet; Commercial Nursery or Greenhouse;
1 parking space per 40 sq. metres (430.6 sq. feet) of
gross floor area or portion thereof.
Convenience Store
1 parking space for each10 sq. metres (107.6 sq. feet)
of total floor area.
Retail use; Other Commercial Uses
1 parking space for each 20 sq. metres (215.3 sq. feet)
of total floor area.
Uses Permitted by this By-law other than those listed in
this Table
1 parking space for each 30 sq. metres (323 sq. feet) of
gross floor area.
Equestrian Facility
1 parking space for each 50 sq. metres (538.2 sq. ft.) of
total floor area devoted to training and handling
facilities.
Self Storage Facility; Warehouse; Wholesaling
1 parking space for each 90 square metres (968.8 sq.
ft.) of the gross floor area which accommodates the
use;
3.20.5 Barrier-Free Parking
a) Number of Barrier-Free Parking Spaces Required: The minimum designated
barrier-free parking spaces requirements for new development shall be as
follows:
TOWNSHIP OF MCMURRICH/MONTEITH ZONING BY-LAW 16-2016
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Approved, in part, by the Ontario Municipal Board on January 24, 2017
Page 35
Table 3 - BARRIER-FREE PARKING REQUIREMENTS
Total Number of Parking Spaces Required
Minimum Barrier-Free Spaces Required
1 - 15
1
16 - 30
2
31 and beyond
3 spaces plus one additional space for each 15
spaces beyond 45.
b) Barrier-Free Parking Space: A designated barrier-free parking space for
motor vehicles shall have:
i) A minimum width of 4.5 metres (14.8 feet);
ii) A minimum length of 6 metres (19.7 feet);
iii) An adjacent 1.5 metre (4.9 feet) wide aisle that is hatch marked on the
parking lot, which may be shared by two adjacent designated barrier-
free spaces; (in the case of a parking area that is not paved, the 1.5
metre (4.9 feet) aisle shall be added to the width of the parking space)
iv) A firm, level surface; and
v) Shall be located as near as possible to the main entrance, within 30
metres (98.4 feet) of the entrance.
3.21
Pits and Quarries and Peat Harvesting
a) The making or establishment of Pits or Quarries and the harvesting of peat is
prohibited within the area covered by this By-law, except in the locations specifically
zoned Extractive Industrial (IE) in this By-law, and in accordance with the express
provisions of this By-law.
b) No person shall use or occupy land or erect any building or structure or conduct any
activity on land for the purpose of processing, washing, screening, sorting or
crushing rock, sand and/or gravel and/or peat, except as expressly provided for in
this By-law.
3.22
Public Uses
3.22.1 Public Services
The provisions of this By-law shall not apply to prohibit the use of any lot or the
erection or use of any building or structure for the purposes of public uses
provided by the Township, or any public authority including any Department or
Ministry of the Government of Canada or Ontario and, shall include Ontario
TOWNSHIP OF MCMURRICH/MONTEITH ZONING BY-LAW 16-2016
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Approved, in part, by the Ontario Municipal Board on January 24, 2017
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Power Generation, Hydro One or other electrical utility, any telephone,
telegraph or cable TV company and any natural gas distribution system operated
by a Company distributing gas to the residents of the Township, which company
possesses all the necessary powers, rights, licenses and franchises.
3.22.2 Location Restrictions
Notwithstanding any other provision contained in this By-law to the contrary,
where a public use is only permitted within a specific zone classification, then
such public use shall only be permitted within that zone or zones and shall
comply with the zone provisions of the zone or zones in which the public use is
permitted, save and except that there shall be no minimum lot area or lot
frontage requirement. This provision does not apply to Crown Agencies.
3.22.3 Provisions
a) No goods, materials or equipment shall be stored outside the building or
structure located on the lot, except as may otherwise be permitted under
this By-law.
b) The zone provisions of the zone in which the use is located shall be complied
with.
c) No building or structure erected in accordance with the provisions of this
Section shall be used for the purpose of an office or maintenance or works
depot.
3.22.4 Public Installations
Nothing in this By-law shall prevent the installation of a watermain, sanitary
sewer, storm sewer, gas main, pipeline, hydro, communication line, or high
voltage and extra high voltage electrical facilities owned, operated and
maintained by Hydro One or Ontario Power Generation.
3.23
Reduction of Requirements
No person shall change the purpose for which any land, building, or structure is used, or
erect any building or structure, or construct an addition to an existing building or
structure, or sever any lands, if the effect of such action is to cause the original,
adjoining, remaining or new building, structure or lot to be in contravention with this By-
law.
TOWNSHIP OF MCMURRICH/MONTEITH ZONING BY-LAW 16-2016
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3.24
Dwelling Unit in Non-Residential Buildings
Notwithstanding any other provision of this By-law to the contrary, no dwelling unit
shall be located within a portion of a non-residential building which has gasoline or
other flammable fluids stored in bulk for commercial purposes, in conjunction
therewith, and without limiting the generality of the foregoing, a dwelling unit shall not
be permitted within a motor vehicle service station, a motor vehicle repair garage, a
motor vehicles body shop, a marina, or a marine sales and service shop.
3.25
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 including the
specific sign provisions for home occupation or home industry, as provided in this By-
law.
3.26
Special Provisions for Campgrounds
3.26.1 The minimum area of a camp site shall be 300 square metres (3,229 square
feet).
3.26.2 The maximum number of camp sites shall not exceed 30 sites per hectare (12
units per acre) of the area zoned for such use.
3.26.3 A maximum of one trailer is permitted on a camp site.
3.26.4 The minimum setback from the shoreline for a structure, tent or trailer shall be
20 metres (65.6 feet).
3.26.5 The minimum frontage on a driveway for a camp site shall be 15 metres (49.2
feet).
3.26.6 The minimum side yard and rear yard for a tent or trailer shall be 6 metres (19.7
feet).
3.26.7 The minimum distance of a tent or trailer from a public road shall be 6 metres
(19.7 feet).
3.26.8 The minimum distance of a tent or trailer from an existing dwelling unit which is
located outside of the Campground shall be 15 metres (49.2 feet).
3.26.9 Each camp site shall be accessible by means of a driveway at least 4 metres
(13.1 feet) in width where the driveway is for one-way traffic, or at least 8
metres (26.2 feet) in width where the driveway is for two-way traffic.
Subject
to OMB
Appeal
TOWNSHIP OF MCMURRICH/MONTEITH ZONING BY-LAW 16-2016
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Approved, in part, by the Ontario Municipal Board on January 24, 2017
Page 38
3.26.10 The maximum floor area of a trailer, including all additions (whether enclosed
or unenclosed) shall not exceed 37 square metres (398 square feet).
3.26.11 The maximum floor area of all accessory buildings or structures on a camp site
shall not exceed 14 square metres (151 square feet).
3.26.12 A minimum of one parking space shall be provided within the area of a camp
site.
3.26.13 The replacement of a trailer with a park model trailer in an existing campground
or the installation of a new park model trailer shall only be permitted where the
park model trailer is located on a serviced camp site and meets all of the
provisions of this By-law.
3.26.14 Notwithstanding the provisions of Section 3.4.5 and Section 3.26.4, the location
of existing trailers that do not comply with the provisions of this By-law and
their replacement with a trailer of the same dimensions and on the same
footprint are recognized; Any replacement that enlarges the footprint of the
trailer with a larger trailer shall meet all of the provisions of this By-law.
3.26.15 Except as noted above, all other provisions of the Tourist Commercial Zone
continue to apply.
3.27
Special Provision for Through Lots
Where a lot is a through lot, the front yard requirements shall apply on each street or
adjacent private right-of-way or waterbody, as the case may be, in accordance with the
provisions of the Zone(s) in which such lot is located.
3.28
Special Provisions for Water Access Only Properties and Islands:
Notwithstanding any provision to the contrary in this by-law, the following provisions
apply to development on islands or other water access only properties:
i) the minimum lot size for development on an island is 0.8 hectares (2 acres).
ii) The provisions of Section 3.5.1 do not apply;
iii) The parking requirements shall be provided at a suitable location with legal road
access, and long term secure mainland access shall be provided to the lot.
3.29
Special Setback Requirements
3.29.1 Setback from Watercourses
TOWNSHIP OF MCMURRICH/MONTEITH ZONING BY-LAW 16-2016
Adopted by Council on June 23, 2016
Approved, in part, by the Ontario Municipal Board on January 24, 2017
Page 39
The minimum setback for any building or structure, shall be 15 metres (49.2 feet)
from the top of bank of the watercourse, except where the setback from the
watercourse is zoned Environmental Protection Two (EP2), in which case the
minimum setback shall be the boundary of the EP2 Zone.
3.29.2 Setback from an Environmental Protection One (EP1) Zone
The minimum setback from the edge of an Environmental Protection One (EP1)
Zone shall be 120 metres (393.7 feet), except in the following circumstances:
i) where the Environmental Protection One (EP1) Zone is exclusively located
under water, then the minimum setback shall be 30 metres (98.4 feet);
ii) where an Environmental Impact Study (EIS) is completed to the satisfaction
of the Township, then the minimum setback shall be as identified in the EIS,
but shall not be less than 3 metres (9.8 feet).
iii) where an Environmental Impact Study (EIS) is completed to the satisfaction
of the Township and the EIS recommends a setback for shoreline structures
that do not contain habitable rooms, then the minimum setback shall be as
identified in the EIS.
3.29.3 Setback for Pits and Quarries
No edge of a Pit or Quarry shall be located closer than 120 metres (393.7 feet) to
an existing dwelling or the boundary of an Environmental Protection One (EP1)
Zone, or 30 metres (98.4 feet) from a municipal road allowance, Environmental
Protection Two (EP2) Zone, lot line or watercourse.
3.29.4 Minimum Separation for Farms
Despite any yard provisions of this By-law to the contrary, no building or
structure shall be erected or expanded unless it complies with the Provincial
Minimum Distance Separation I and II formulae.
3.29.5 Setback from Steep Slopes
No building or structure shall be constructed on slopes greater than 20% and
shall be setback a minimum of 10 metres (32.8 feet) from the edge of the
slope.
3.30
Temporary Construction Use:
a) A temporary building, structure or trailer incidental to the construction of a principal
building on a lot is permitted in all zones, but only during construction and until the
building permit which authorizes it expires or is revoked.
TOWNSHIP OF MCMURRICH/MONTEITH ZONING BY-LAW 16-2016
Adopted by Council on June 23, 2016
Approved, in part, by the Ontario Municipal Board on January 24, 2017
Page 40
b) A tool shed not exceeding 9.3 square metres (100.1 square feet), construction
trailer, scaffolding or other building or structure incidental to construction is
permitted in all zones within the Township, except the Provincially Significant
Wetland (PSW), Environmental Protection (EP) and Open Space (OS) zones, on the
lot 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. For the purpose of this Section,
abandoned shall mean the discontinuation of work for more than 120 consecutive
days or the failure to maintain a current building permit.
3.31
Temporary Housing
Notwithstanding any other provision of this By-law to the contrary, where a dwelling is
destroyed or a new dwelling is being constructed and a Building Permit for
reconstruction of the dwelling has been issued by the Township for the lot, the residents
may occupy the existing dwelling or a trailer on a temporary basis, but only during the
period which the new dwelling is being constructed to a maximum of one year from the
date of issuance of the building permit.
3.32
Trailers
The use of tents or trailers for permanent or temporary human habitation is prohibited
in all zones except:
i) in a Rural (RU) or Waterfront Residential (WR) Zone, a trailer equipped with toilet
facilities and an approved sewage holding tank may be used for temporary human
habitation during the construction of a dwelling on a lot, provided that such
structure is located on the same lot as the dwelling under construction, is in
compliance with the setback provisions for the zone in which it is located and
provided that:
- no such structure shall be located on the premises until a building permit for
said construction has been issued and construction commenced;
- such structure shall cease to be used for human habitation upon completion
of the dwelling;
- where not specifically permitted elsewhere in this By-law, such structure
shall be removed from the premises upon completion of the dwelling, or in
all cases, within 60 days of the discontinuance of construction;
- a license is obtained from the Township in accordance with the Trailer
Licensing By-law; and,
- a maximum of one trailer is permitted.
TOWNSHIP OF MCMURRICH/MONTEITH ZONING BY-LAW 16-2016
Adopted by Council on June 23, 2016
Approved, in part, by the Ontario Municipal Board on January 24, 2017
Page 41
ii) For the occasional accommodation of guests in any Rural (RU), Settlement
Residential (RS) or Waterfront Residential (WR) Zone provided that a detached
dwelling exists on the property.
iii) For the use of tents for children's play, picnics, weddings, family reunions, or other
similar private functions.
iv) In a Rural (RU) or Waterfront Residential (WR) Zone, a maximum of one trailer
equipped with toilet facilities and connected to an approved sewage holding tank
or septic system leaching bed may be used for temporary human habitation on an
existing vacant lot, provided such trailer has a current license issued in accordance
with the Township's Trailer Licensing By-law. Such structure shall cease to be used
for human habitation upon expiry of the license.
3.33
Truck, Bus, Coach Bodies and Derelict Vehicles:
a) No truck, bus, coach or streetcar body, or structure of any kind, other than a
dwelling unit erected and used in accordance with this By-law, The Ontario Building
Code and Regulations passed thereunder and all other By-laws of the Township,
shall be used for human habitation or storage of goods and materials whether or not
the same is mounted on wheels.
b) The provisions of this By-law shall not apply to prohibit the outside storage of a
maximum of two derelict motor vehicles within the Rural (RU) Zone nor the outside
storage of contractor's equipment, whether currently licensed or inoperative,
provided the applicable provisions regarding outside storage are complied with, and
further that such use is accessory to the principal permitted use on the lot, and that
such storage area is screened from view from adjacent lots and roads.
3.34
Unimproved Road Allowances
The exterior side yard requirements outlined in this By-law shall be reduced by 50
percent where the yard abuts an unimproved road allowance.
3.35
Waste Management Influence Area
Lands located within the Waste Management Influence Area as shown on the Schedules
to this by-law are subject to a Holding (H) provision and shall be used for no other
purpose than those uses which legally exist on the date of passing of this By-law. The
uses permitted within the underlying zone shall not be permitted and the Holding (H)
provision removed until a ground and surface water study (hydrology and hydrogeology
study) and methane gas migration study, and any other study as may be required by the
Township, have been completed to the satisfaction of the Township to demonstrate
TOWNSHIP OF MCMURRICH/MONTEITH ZONING BY-LAW 16-2016
Adopted by Council on June 23, 2016
Approved, in part, by the Ontario Municipal Board on January 24, 2017
Page 42
that there will be no adverse public health and safety risks associated with the former
waste disposal site(s), and to require that the owner enter into a development
agreement with the Township to implement the recommendations of the studies.
Notwithstanding the above, such studies shall not be required for the following:
i) interior alterations to existing structures;
ii) exterior alterations that do not expand the footprint of an existing structure;
iii) new structures or alterations to existing structures where such structures do not
prevent the free movement of air into the atmosphere; and
iv) any structure that does not require a building permit.
3.36
Waterfront Landing
The following provisions apply to the installation of a waterfront landing:
i) The waterfront landing shall provide access to a maximum of 3 water access only
lots.
ii) Docking facilities shall not contain more than 3 boat slips, a boat slip is defined as a
parking area for boats with a minimum length of 6 metres (19.7 feet) and a
maximum length of 10 metres (32.8 feet);
iii) No enclosed buildings or structures are permitted on the waterfront landing
property.
iv) The minimum setback from the shoreline for any structure (except a dock) or
parking area shall be 30 metres (98.4 feet);
v) The minimum side yard shall be 6 metres (19.7 feet);
vi) The minimum rear yard shall be 10 metres (32.8 feet);
vii) The maximum coverage of all structures and parking areas shall not exceed 10%
3.37
Wayside Pits and Quarries and Portable Processing Plants
Where specifically permitted in the By-law, a wayside pit or quarry or portable asphalt
plant shall be subject to the following provisions:
i) the wayside pit or quarry shall be used by or on behalf of a Public Authority;
ii) the wayside pit or quarry shall have a Certificate of Approval from the Ministry of
Environment or its designate;
iii) the wayside pit or quarry shall not be located closer than 120 metres (393.7 feet)
from an existing residence;
TOWNSHIP OF MCMURRICH/MONTEITH ZONING BY-LAW 16-2016
Adopted by Council on June 23, 2016
Approved, in part, by the Ontario Municipal Board on January 24, 2017
Page 43
iv) a portable processing plant is permitted as an accessory use to the wayside pit or
quarry; and,
v) upon completion of the public project, the site shall be rehabilitated to its former
use.
TOWNSHIP OF MCMURRICH/MONTEITH ZONING BY-LAW
Adopted by Council on June 23, 2016
Approved, in part, by the Ontario Municipal Board on January 24, 2017
Page 44
PLANSCAPE
Building Community Through Planning
Section 4 - ZONE PROVISIONS AND EXCEPTIONS TO ZONES
4.1
Zone Provisions
No person shall, within any of the Zones, use any land or erect or use any building or
structure, except in accordance with the uses permitted in Table 4 - Permitted Uses and
the provisions of Table 5 - Lot Regulations of this By-law.
(Tables 4 and 5 are at the end of the by-law)
4.2
Provisions for Waterfront Residential (WR) Zone and Rural (Ru) Zone with no year
round maintained public road access
a) Properties in the Waterfront Residential (WR) Zone with no direct access or frontage
to a year round maintained public road are suitable for occasional or seasonal uses
only.
b) Properties in the Rural (Ru) zone with no direct access or frontage to a year round
maintained public road are suitable for occasional uses, with no dwellings permitted.
c) The Township does not guarantee or provide any level of access to any property
within these zones by public road or to a public dock landing allowing water access
to a property. Public Seasonal Roads will not be maintained or plowed in the winter
and may also be impassable in the Spring season and following storms and other
events causing damage. They will be the last to receive attention from road
maintenance crews. Securing access to property under these circumstances is the
sole responsibility of the landowner.
d) The Township does not guarantee fire protection and other emergency services.
e) The Township does not commit itself now or at any time in the future to:
i) provide any public road access to any property or to open, maintain or improve
any public landing or dock;
ii) upgrade any existing public road from a seasonally maintained road to a year
round maintained road;
iii) to open, maintain or upgrade any public road or road allowance;
TOWNSHIP OF MCMURRICH/MONTEITH ZONING BY-LAW 16-2016
Adopted by Council on June 23, 2016
Approved, in part, by the Ontario Municipal Board on January 24, 2017
Page 45
iv) to do or permit work by anyone on any road allowance (such work is expressly
prohibited without consent of Council expressed in a resolution or by-law) to
improve any road allowance and render it passable by any motor vehicle
including snow machines and off-road vehicles; or
v) to provide or facilitate access to a property by emergency vehicles or school
buses.
f) A Landowner seeking a building permit in the Waterfront Residential (WR) Zone on a
property with no direct access or frontage to a year round maintained public road or
for a hunt camp in the Rural (Ru) zone may be required to enter into an agreement
with the Township acknowledging and incorporating the applicable provisions
contained in Sections 4.2.1 through 4.2.5 inclusive.
4.3
Environmental Protection Zone Special requirements
a) Lands zoned Environmental Protection One or Two (EP1 or EP2) may be included in
the calculation of lot area and yard requirements for a lot, except for lands below
the high water mark.
b) Setback and yard requirements shall be measured from the limit of the high water
mark, provided that no building or structure is constructed within 3 metres (9.8 feet)
of the boundary of the Environmental Protection One (EP1) Zone, or 1 metre (3.3
feet) of the boundary of the Environmental Protection Two (EP2) Zone.
4.4
Lake Flood Elevations
4.4.1 Doe Lake
The regulatory flood elevation for Doe Lake is 296.91 metres (974.11 feet) CGD
(Canadian Geodetic Datum) (which includes a one metre wave uprush). All new
structural development, except a boathouse and a dock, shall be prohibited on
lands currently below the 296.91 metre (974.11 feet) CGD. The minimum
elevation for building openings outside the Flood Plain shall be above the 297.91
metre (977.4 feet) CGD.
4.4.2 Buck Lake
The regulatory flood elevation for Buck Lake is 302.65 metres (992.95 feet) CGD
(which includes a 0.7 metre wave uprush). All new structural development
except a boathouse and a dock, shall be prohibited on lands currently below the
302.65 metre (992.95 feet) CGD. The minimum elevation for building openings
outside the Flood Plan shall be above the 303.65 metre (996.23 feet) CGD.
4.4.3 Existing Buildings in the Flood Plain:
TOWNSHIP OF MCMURRICH/MONTEITH ZONING BY-LAW 16-2016
Adopted by Council on June 23, 2016
Approved, in part, by the Ontario Municipal Board on January 24, 2017
Page 46
a)
On those lots which are entirely within the regulatory flood elevation,
buildings or structures which are replaced, restored or reconstructed may
be permitted provided all other provisions of this By-law are adhered to,
the building or structure is floodproofed above the regulatory flood
elevation, and there shall be no increase in the ground floor area.
b)
On those lots which are only partially within the regulatory flood
elevation, buildings or structures which are replaced or reconstructed
shall be relocated to that portion of the lot situated outside of the
regulatory flood elevation provided that all other provisions of this By-
law are adhered to.
4.4.4 Site Alteration within the Flood Plain:
No site alteration is permitted on lands currently below the regulatory flood
elevation.
4.5
Exceptions to Zones
4.5.1 Notwithstanding any provisions to the contrary in this By-law, the following
provisions in Table 6 apply to the properties identified in the specific exception
noted below:
Table 6 - Special Provisions
Note: In all other respects, the provisions of this By-law continue to apply.
Exception
Zone
Location
Schedule
Special Provisions
CT-1
819 West
Bear Lake
Road
D1
The permitted principal uses are limited to the following:
-
An existing campground where:
o
The maximum number of camp sites shall not
exceed 22 including any located on adjacent crown
land;
-
A Single detached dwelling;
-
A tourist establishment.
CT-2
532 East
Bear Lake
Road
C2
The permitted principal uses are limited to the following:
-
An existing campground where:
o
The maximum number of camp sites shall not
exceed 22
o
The maximum number of cabins shall not exceed 4;
-
A Single detached dwelling
CT-3
136
Delaware
D4
The permitted principal uses are limited to the following:
-
An existing campground where:
Subject
to OMB
Appeal
Subject
to OMB
Appeal
Subject
to OMB
Appeal
TOWNSHIP OF MCMURRICH/MONTEITH ZONING BY-LAW 16-2016
Adopted by Council on June 23, 2016
Approved, in part, by the Ontario Municipal Board on January 24, 2017
Page 47
Table 6 - Special Provisions
Note: In all other respects, the provisions of this By-law continue to apply.
Exception
Zone
Location
Schedule
Special Provisions
o
the maximum number of camp sites shall not
exceed 18
o
the maximum number of cabins shall not exceed
one.
-
A Single detached dwelling.
WR-4
Pt Lot 10,
Con 2,
McMurrich,
Lots 1 to 12,
subdivision
File S-02/13
(By-law 24-
2014)
D4
The Lot and Yard requirements are as follows:
-
Minimum lot area
o
Lots 1, 6 to 8 - 1 hectare (2.5 ac.)
o
Lots 2 t 5, 12 - 6000 sq. m (64,583 sq.ft.)
o
Lots 9 to 11 - 4000 sq. m (43,056 sq. ft.)
-
Minimum lot frontage
o
Lots 1 to 8 - 70 metres (229.7 ft.)
o
Lots 9 to 11 - 60 metres (196.9 ft.)
-
Minimum front yard
o
Lots 1 to 4, 9 to 12 - 30 metres (98.4 ft.)
o
Lots 5 to 8 - 20 metres (65.6 ft.)
-
Minimum side yard - 6 metres (19.7 ft.)
-
Minimum rear yard - 3.5 metres (11.5 ft.)
A naturally vegetated shoreline buffer shall be maintained within
the required front yard. Within the shoreline buffer, no
vegetation shall be removed with the exception of dead or
decaying vegetation that creates a potential safety hazard, and as
required to create a walking path. A walking path having a
maximum width of 2 metres (6.6 ft.) is permitted in the shoreline
buffer.
No docking facilities are permitted in Type 1 Fish Habitat.
RU-5
Pt Lot 16,
Con 2,
McMurrich
D3
The Lot and Yard requirements are as follows:
-
Minimum lot frontage - 60 metres (196.9 ft.)
-
Minimum rear yard - 7.5 metres (24.6 ft.)
RU-6
Pt Lot 10,
Con 4,
McMurrich
C4
The Lot and Yard requirements are as follows:
-
Minimum lot area - 6,000 sq. metres (64,583 sq. ft.)
-
Minimum front yard - 15 metres (49.2 ft.)
RU-7
Pt Lot 20,
Con 1
McMurrich
D3
In addition to the permitted uses in the Rural Zone, an automotive
repair facility and vehicle inspection station (light duty vehicles)
are permitted.
WR-8
Part Lots 1,
2, 3, Con 1
D2, E2
The lot and yard requirements are as follows:
-
Minimum lot area - 1 hectare (2.5 ac.)
TOWNSHIP OF MCMURRICH/MONTEITH ZONING BY-LAW 16-2016
Adopted by Council on June 23, 2016
Approved, in part, by the Ontario Municipal Board on January 24, 2017
Page 48
Table 6 - Special Provisions
Note: In all other respects, the provisions of this By-law continue to apply.
Exception
Zone
Location
Schedule
Special Provisions
and 2,
Monteith
(By-law 9-
2013)
-
Minimum lot frontage - 90 metres (295.3 ft.)
-
Minimum front yard - 10 metres (32.8 ft.)
-
Minimum side yard - 6 metres (19.7 ft.)
-
Minimum rear yard (Lots 18, 19, 20) - 6 metres (19.7 ft.)
-
Maximum height of all buildings structure structures:
o
9 metres (29.5 ft.) for a single detached dwelling
o
6 metres (19.7 ft.) for any other building or
structure
-
Maximum cumulative footprint for a single detached
dwelling - 400 sq. metres (4,305.6 sq. ft.)
-
Maximum cumulative footprint for all accessory
structures - 100 sq. metres (1,076.4 sq. ft.)
-
Parking requirements:
o
Minimum of two parking spaces per dwelling, each
space having a minimum area of 18 sq. metres
(193.8 sq. ft.)
o
Maximum of six parking spaces per dwelling, with a
maximum cleared area for all parking spaces not to
exceed 150 sq. metres (1,614.6 sq. ft.)
For the purposes of this section, the front lot line is the lot line
that dives the lot from the private internal road, upon which it
abuts.
EP1-9
Part Lots 1,
2, 3, Con 1
and 2,
Monteith
(By-law 9-
2013)
D2, E2
The permitted uses are limited to the following:
-
Conservation
-
Lands to remain in their natural state except for removal
of hazardous trees and a 1.5 metre (4.9 ft.) wide pathway
-
Boardwalk and/or bridge as part of the pathway
Prohibited uses/activities include the following:
-
No other buildings or structures are permitted
-
No placement of fill, yard waste or debris is permitted
-
No parking or use of a motorized vehicle is permitted;
-
No hunting or discharging of firearms is permitted
EP1-10
Part Lots 1,
2, 3, Con 1
and 2,
Monteith
(By-law 9-
2013)
D2, E2
The permitted uses are limited to the following:
-
Conservation
-
Lands to remain in their natural state except for removal
of hazardous trees and a 1.5 metre (4.9 ft.) wide pathway
-
Boardwalk and/or bridge as part of the pathway
Prohibited uses/activities include the following:
-
No other buildings or structures are permitted
TOWNSHIP OF MCMURRICH/MONTEITH ZONING BY-LAW 16-2016
Adopted by Council on June 23, 2016
Approved, in part, by the Ontario Municipal Board on January 24, 2017
Page 49
Table 6 - Special Provisions
Note: In all other respects, the provisions of this By-law continue to apply.
Exception
Zone
Location
Schedule
Special Provisions
-
No placement of fill, yard waste or debris is permitted
-
No parking or use of a motorized vehicle is permitted;
-
No hunting or discharging of firearms is permitted
-
No structure or pathway is permitted within any
Provincially Significant Wetland or within 30 metres (98.4
ft.) of the Provincially Significant Wetland
EP1-11
Part Lots 1,
2, 3, Con 1
and 2,
Monteith
(By-law 9-
2013)
D2, E2
The EP-11 Zone is a 5 metre (16.4 ft.) wide strip of land located on
the shore sides of the lots.
The permitted uses are limited to the following:
-
Conservation
-
Lands to remain in their natural state except for removal
of hazardous trees and a maximum 1.5 metre (4.9 ft.)
wide pathway
-
Temporary clearing for construction related purposes.
OS-12
Part Lots 1,
2, 3, Con 1
and 2,
Monteith
(By-law 9-
2013)
E2, F-1
The permitted uses are limited to the following:
-
Conservation
-
A maximum 18.6 sq. metre (200.2 sq. ft.) canoe rack
-
A maximum 13 sq. metre (139.9 sq. ft.) dock, anchored to
the mainland only
-
A maximum 300 square metre (3,229 sq. ft.) graveled
parking area
-
A maximum 18.6 sq. metre (200.2 sq. ft.) outdoor
educational kiosk/pavilion
-
Existing roadway
The location of the permitted uses shall be as shown on Schedule
B-1 to this by-law.
The lot and yard requirements are as follows:
-
Minimum lot area - nil
-
Minimum lot frontage- 10 metres (32.8 ft.)
-
Minimum front yard - 10 metres (32.8 ft.)
-
Minimum side and rear yards - as shown on Schedule B
to this by-law.
For the purposes of this section, the front lot line is the lot line
that dives the lot from the private internal road, upon which it
abuts.
IN-13
Pt. Lot 12,
Con 10,
B3
The permitted uses are limited to the following:
-
Waste disposal facility
TOWNSHIP OF MCMURRICH/MONTEITH ZONING BY-LAW 16-2016
Adopted by Council on June 23, 2016
Approved, in part, by the Ontario Municipal Board on January 24, 2017
Page 50
Table 6 - Special Provisions
Note: In all other respects, the provisions of this By-law continue to apply.
Exception
Zone
Location
Schedule
Special Provisions
McMurrich
-
Conservation use
EP2-14
Pt. Lot 30 &
31, Con. 1,
McMurrich
E3
In addition to the permitted uses in the EP2 Zone and
notwithstanding the requirements related to road access set out
in the first sentence of Section 3.7.5 herein, a "hunt camp" is
permitted and for the purposes of access shall be subject to
section 3.7.4(b).
Notwithstanding any other provisions herein:
-
a dock and/or boathouse shall not be permitted;
-
no buildings or structures shall be permitted within the
Front Yard; and
-
the Front Yard shall be used for no purposes other than a
shoreline buffer.
TOWNSHIP OF MCMURRICH/MONTEITH ZONING BY-LAW 16-2016
Adopted by Council on June 23, 2016
Approved, in part, by the Ontario Municipal Board on January 24, 2017
Page 51
4.6
Holding Zones
4.6.1 Notwithstanding any provisions to the contrary in this By-law, the following
provisions in Table 7 apply to the properties identified in the specific provision
noted below:
Table 7 - Holding Zone Provisions
Note: In all other respects, the provisions of this By-law continue to apply.
Holding
Zone
Location
Schedule
Provisions
By-law removing
the Holing Zone
CG-H1
Pt 1, 42R-11352,
Part Lot 6, Con
11, Monteith
C2
The Holding zone will be removed and
development may proceed upon
approval of the following to the
satisfaction of the Township:
-
A site plan is prepared showing
the proposed uses, buildings,
driveways, parking areas and
site servicing;
-
Entrance permits are obtained,
if required.
RU-H2;
RS-H2;
Waste
management
assessment area
surrounding the
Township waste
disposal site
B3
The Holding zone will be removed and
development may proceed in
accordance with the provisions of
Section 3.35, and upon completion of a
study satisfactory to the Township that
examines the impact of the waste
disposal site on the proposed
development. The study shall be
completed in accordance with the
Ministry of Environment and Climate
Change Guideline D4, as amended/
TOWNSHIP OF MCMURRICH/MONTEITH ZONING BY-LAW 16-2016
Adopted by Council on June 23, 2016
Approved, in part, by the Ontario Municipal Board on January 24, 2017
Page 52
Section 5 - ENACTMENT
5.1
Date of By-law Approval
This By-law shall take effect from the date of its passage by Council and shall come into
force in accordance with Section 34 of the Planning Act, R.S.O. 1990, Ch. P. 13, as
amended.
Read a first and second time this 6th day of June, 2016.
_____________________
Joanne Griffiths, Reeve
_____________________
Cheryl Marshall, Clerk
Read a third time and passed this 23rd day of June, 2016.
______________________
Joanne Griffiths, Reeve
______________________
Cheryl Marshall, Clerk
Waterfront
Residential
(WR)
Settlement
Residential
(RS)
Rural
(RU)
General
Commercial
(CG)
Tourist
Commercial
(CT)
General
Industrial
(IG)
Extractive
Industrial
(IE)
Institutional
(IN)
Open
Space
(OS)
Environmental
Protection One
(EP1)
Environmental
Protection Two
(EP2)
Principal Use
Residential
Dwelling, Duplex
x
x
Dwelling, Semi-Detached
x
x
Dwelling, Single Detached
x
x
x
x(1)
x(1)
Mobile Home
x
x
Non-Residential
Agricultural Use
x
x
x(2)
x
x(1)(3)
x(1)(3)
Building Supply and Lumber Outlet
x
x
Bulk Fuel Depot
x
Campground
x(1)
Cartage, Transport or Bus Depot
x
Cemetery
x
x
Commercial Nursery or Greenhouse
x
x
x
Commercial Self Storage Facility
x
x
Communications Tower
x
Community Centre
x
x
x
Conservation Use
x
x
x
x
x
x
x
x
x
x
x
Contractor's Establishment
x
Convenience Store
x
Day Care Centre
x
Equestrian Facility
x
Farm Produce Sales Outlet
x
x
Forestry Use
x
x
x
Funeral Home
x
Hunt Camp
x
x(1)
x(1)
Institutional Camp
x
Kennel
x
x
x
Light Equipment Sales & Rental
Establishment
x
x
x
Township of McMurrich/Monteith Zoning By-law
TABLE 4 - Permitted Uses for all Zones
McMurrich/Monteith Zoning By-law 16-2016
Permitted Uses for all Zones Table 4
53
Approved, in part, by the Ontario Municipal Board on January 24, 2017
June 23, 2016
Waterfront
Residential
(WR)
Settlement
Residential
(RS)
Rural
(RU)
General
Commercial
(CG)
Tourist
Commercial
(CT)
General
Industrial
(IG)
Extractive
Industrial
(IE)
Institutional
(IN)
Open
Space
(OS)
Environmental
Protection One
(EP1)
Environmental
Protection Two
(EP2)
TABLE 4 - Permitted Uses for all Zones
Manufacturing Plant
x
Marina
x
x
Motor Vehicle Body Shop
x
x
Motor Vehicle Dealership
x
Motor Vehicle Repair Garage
x
x
Motor Vehicle Service Station
x
x
Nursing Home
x
x
Office
x
Pit or Quarry
x
Place of Assembly
x
x
Place of Worship
x
x
Recreational Facility
x
x
Restaurant
x
Retail Store
x
Salvage or Wrecking Yard
x(1)
Sawmill or Planning Mill
x
School
x
Service Shop, Light
x
x
Service Shop, Personal
x
Tourist Establishment
x
Veterinary Clinic
x
x
Warehouse
x
Waterfront Landing (11)
x
Wayside Pit or Wayside Quarry
x
x
x
x
x
x
Workshop
x
x
Accessory
Bed & Breakfast Establishment
x(10)
x
x
Convenience Store
x (4)
Day Care, Private Home
x(10)
x
x
Dwelling Unit in a Non-Residential
Building
x(5)
x(6)
x (5)
McMurrich/Monteith Zoning By-law 16-2016
Permitted Uses for all Zones Table 4
54
Approved, in part, by the Ontario Municipal Board on January 24, 2017
June 23, 2016
Waterfront
Residential
(WR)
Settlement
Residential
(RS)
Rural
(RU)
General
Commercial
(CG)
Tourist
Commercial
(CT)
General
Industrial
(IG)
Extractive
Industrial
(IE)
Institutional
(IN)
Open
Space
(OS)
Environmental
Protection One
(EP1)
Environmental
Protection Two
(EP2)
TABLE 4 - Permitted Uses for all Zones
Dwelling, Single Detached
x
x(6)
x
Dwelling, Secondary
x(8)
x(8)(9)
Golf Course
x
Home Industry
x
Home Occupation
x
x
x
x
x
x
Office
x
x
x
x
Open Storage
x
x
Outdoor Display & Sales Area
x
x
Place of Assembly
x
Recreational Facility
x
Restaurant
x
Retail Store
x(4)
x
x
Other
x(7)
x(7)
(11) subject to provisions of Section 3.36
NOTES:
(1) existing on the date of passage of this by-law
(2) excluding a dwelling
(3) excluding any enclosed structure
(4) to a maximum of 50 square metres (540 square feet)
(5) except in a motor vehicle service station or repair garage, where no dwelling is permitted
(6) provided a maximum of one dwelling is permitted on the property
(10) provided access is available from a road maintained year round by a public authority
(7) dock, pumphouse accessory to a permitted residential use on the same property where the residential use is permitted
(8) the floor area of the secondary dwelling shall be a maximum 50% of the floor area of the single detached dwelling.
(9) shall only be permitted on a lot greater than 1 hectare (2.5 acres) in area
McMurrich/Monteith Zoning By-law 16-2016
Permitted Uses for all Zones Table 4
55
Approved, in part, by the Ontario Municipal Board on January 24, 2017
June 23, 2016
57
56
Requirement
Waterfront
Residential
(WR)
Settlement
Residential
(RS)
General
Commercial
(CG)
Tourist
Commercial
(CT)
General
Industrial
(IG)
Extractive
Industrial
(IE)
Institutional
(IN)
Open
Space
(OS)
Environmental
Protection One
(EP1)
Environmental
Protection Two
(EP2)
Frontage (minimum)
60 m
(196.9 ft)
30 m
(98.4 feet)
100 m
(328 ft)
60 m
(196.9 ft)
30 m
(98.4 ft)
60 m
(196.9 ft)
60 m
(196.9 ft)
90 m
(295.3 ft)
45 m
(147.6 ft)
n/a
n/a
n/a
Area (minimum)
4,000 sq m
(43,060 sf)
2000 sq m
(.5 ac)
10 ha
(24.7 ac)
1 ha
(2.47 ac)
4,000 sq m
(43,060 sf)
2 ha
(4.9 ac)
1 ha
(2.47 ac)
10 ha
(24.7 ac)
4,000 sq m
(43,060 sf)
n/a
n/a
n/a
Front Yard
20 m
(65.6 ft)
10 m
(32.8 ft)
30 m
(98.4 ft.)
15 m
(49.2 ft)
15 m
(49.2 ft)
30 m
(98.4 ft)
15 m
(49.2 ft)
30 m
(98.4 ft)
6 m
(19.7 ft)
15 m
(49.2 ft)
(1)
(1)
Interior Side Yard
3 m
(9.8 ft)
3 m
(9.8 ft)
15 m
(49.2 ft)
6 m
(19.7 ft)
6 m
(19.7 ft)
15 m
(49.2 ft)
15 m
(49.2 ft)
30 m
(98.4 ft)
6 m
(19.7 ft)
6 m
(19.7 ft)
(1)
(1)
Exterior Side Yard
15 m
(49.2 ft)
10 m
(33 ft)
30 m
(98.4 ft)
15 m
(49.2 ft)
8 m
(26.2 ft)
30 m
(98.4 ft)
15 m
(49.2 ft)
30 m
(98.4 ft)
6 m
(19.7 ft)
6 m
(19.7 ft)
(1)
(1)
Rear Yard
8 m
(26.2 ft)
5 m
(16.4 ft)
15 m
(49.2 ft)
15 m
(49.2 ft)
8 m
(26.2 ft)
30 m
(98.4 ft)
15 m
(49.2 ft)
30 m
(98.4 ft)
10 m
(32.8 ft)
10 m
(32.8 ft)
(1)
(1)
Lot Coverage (%)
(maximum)
10
20
5
10
40
25
25
5
15
5
(1)
(1)
Height (maximum)
10 m
(32.8 ft)
10 m
(32.8 ft)
10 m
(32.8 ft)
10 m
(32.8 ft)
12 m
(39.4 ft)
12 m
(39.4 ft)
12 m
(39.4 ft)
12 m
(39.4 ft)
12 m
(39.4 ft)
5 m
(16.4 ft)
(1)
(1)
Dwelling Unit Area
(minimum)
74 sq m
(796.5 sf)
74 sq m
(796.5 sf)
74 sq m
(796.5 sf)
74 sq m
(796.5 sf)
40 sq m
(430.6 sf)
56 sq m
(602.8 sf)
56 sq m
(602.8 sf)
Landscaped Open Space
(%) (minimum)
30
10
5
10
10
30
10
10
10
n/a
n/a
n/a
Number of dwelling
units per lot (maximum)
1
2 (3)
2(3)
1 (2)
1(2)
1(2)
0
0
0
0
0
Other
NOTES: (1)
(2)
(3)
Township of McMurrich/Monteith Zoning By-law
all lot and yard requirements for existing uses shall remain as exisitng on the date of passing of this By-law.
accessory dwelling to a permitted commercial use
if a duplex or semi-detached dwelling, or secondary dwelling; otherwise, ony one single detached dwelling is permitted.
Rural (RU)
All Other Residential
Uses
Yards (minimum)
Table 5 - Zone Requirements Table
McMurrich/Monteith Zoning By-law 16-2016
Zone Requirements Table 5
57
Approved, in part, by the Ontario Municipal Board on January 24, 2017
June 23, 2016