Township of Minden Hills Zoning By-law 06-10 (Office Consolidation July 27, 2017)
Minden Hills, Ontario
· No. 06-10
· adopted 2006-02-23
· summary & facts
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TOWNSHIP OF MINDEN HILLS
ZONING BY-LAW 06-10
February 23, 2006
Approved by the Ontario Municipal Board August 9, 2006
Office Consolidation
July 27, 2017
PLANSCAPE
Building Community Through Planning
Bracebridge, Ontario
By-law Amendments included in the consolidation
to Zoning By-law 06-10 of the Township of Minden Hills
This Office Consolidation is provided for convenience and ease of reference only. It
comprises By-law No. 06-10 and all amendments and modifications up to July 27,
2017. The official version of By-law No.06-10 and all amending By-laws thereto are
contained in the Clerk's Department. The Corporation of the Township of Minden
Hills does not verify the accuracy or completeness of the Office Consolidation and
bears no responsibility or liability to any person or entity for any deficiencies,
inaccuracies, errors or omissions contained in the Office Consolidation.
By-law #
Property description
ADOPTED
06-15
Pt. Lot 10, Concession 3, Lutterworth
Feb. 27, 2006
06-036
Pt. Lot 2, Concession 4, Minden
May 3, 2006
06-067
Pt. Lot 20, Concession 7, Lutterworth
Aug. 31, 2006
07-13
Pt. Lots 21 & 22, Concession 14, Snowdon
March 29, 2007
07-014
Pt. Lot 11, Concession 10, Minden
May 7, 2007
07-36
Pt. Lot 4, Concession A, Pt. Lot 9, East of
Teasdale Street, Registered Plan No. 1, Pt.
Lot 9, West of Bruce Street, Registered Plan
No. 1, Minden
May 31, 2007
07-37
Pt. Lot 5, Concession 14, Snowdon
June 1, 2007
07-043
All lands in the Township
May 10, 2007
07-51
Pt. Lot 12, Concession 13, Minden
July 3, 2007
07-59
Pt. Lot 29, Concession 7, Minden
July 3, 2007
07-60
Pt. Lot 28, Concession 7, Minden
July 3, 2007
07-73
Pt. Lot 11, Concession 10, Minden
July 31, 2007
07-84
Pt. Lots 3 & 4, Concession 5, Minden
Sept. 28, 2007
07-85
Pt. Lots 16 & 17, Concession 14, Snowdon
Sept. 28, 2007
08-21
Pt. Lots 21 & 22, Concession 2, Minden
March 27, 2008
08-39
Pt. Lot 5, Concession 13, Snowdon
April 24, 2008
08-57
Pt. Lot 1, Concession 14, Lutterworth
June 26, 2008
08-61
Pt. Lot 3, Concession 'A', Anson
July 31, 2008
2009-41
6 Booth Street
April 9, 2009
09-61
Pt. Lot 10, Concession 9, Minden
July 30, 2009
09-68
Pt. Lot 26, Concession 9, Minden
July 30, 2009
09-76
Pt. Lot 2, Concession 4, Minden
August 27, 2009
09-97
Pt. Lot 3, Concession 'A', Minden
October 29, 2009
09-98
Pt. Lot 14, Concession 14, Lutterworth
October 29, 2009
09-107
Pt. Lot 11, Concession 5, Snowdon
November 26, 2009
09-114
Pt. Lot 11, Concession 3, Anson
December 10, 2009
10-13
Pt. Lot 36, Concession 'A', Lutterworth
February 25, 2010
10-14
Pt. Lot 28, Concession 7, Minden
February 25, 2010
10-15
Pt. Lot 3, Concession 12, Lutterworth
February 25, 2010
10-25
Pt. Lot 9, Concession 9, Minden
April 29, 2010
10-40
Pt. Lot 13, Concession 12, Lutterworth
April 29, 2010
10-54
Pt. Lot 24, Concession 5, Minden
June 24, 2010
10-63
Pt. Lot 24, Concession 5, Lutterworth
July 29, 2010
10-74
Pt. Lot 6, Concession 'A', Minden
August 26, 2010
10-75
Pt. Lot 1, Concession 'A', Minden
August 26, 2010
10-82
Pt. Lot 4, Concession 3, Minden
September 30, 2010
Planscape
By-law #
Property description
ADOPTED
10-84
Pt. Lot 5, Concession 13, Snowdon
December 9, 2010
10-86
Pt. Lot 7, Concession 2, Lutterworth
October 25, 2010
10-89
Pt. Lot 20, Concession 13, Minden
November 25, 2010
11-16
Pt. Lot 14, Concession 14, Lutterworth
February 24, 2011
11-29
Pt. Lot 17, Concession 13, Minden
March 31, 2011
11-32
Pt. Lot 19, Concession 11, Lutterworth
April 28, 2011
11-33
Pt. Lot 13, Concession 13, Minden
April 28, 2011
11-34
Pt. Lot 6, Concession 14, Lutterworth
April 28, 2011
11-35
Pt. Lot 19, Concession 5, Lutterworth
April 28, 2011
11-46
Pt. Lot 24, Concession 6, Lutterworth
May 26, 2011
11-47
Pt. Lot 25, Concession 5, Minden
May 26, 2011
11-56
Pt. Lot 25, Concession 13, Snowdon
June 30, 2011
11-57
Pt. Lot 25, Concession 3, Minden
June 30, 2011
11-59
Pt. Lot 12, Concession 10, Minden
June 30, 2011
11-90
Pt. Lot 14, Concession 8, Minden
December 8, 2011
12-15
Pt. Lot 3, Concession 5, Minden
February 23, 2012
12-16
Pt. Lot 24, Concession 3, Minden
February 23, 2012
12-17
Pt. Lot 4 & 5, Concession 1, Anson
February 23, 2012
12-41
Pt. Lot 3, Concession 12, Lutterworth
May 31, 2012
12-48
Pt. Lot 10, Concession 'A', Minden
June 28, 2012
12-49
Pt. Lot 28, Concession 7, Minden
June 28, 2012
12-53
Pt. Lot 5, Concession 13, Snowdon
July 26, 2012
12-56
Pt. Lot 1, Concession 'A', Minden
August 9, 2012
12-59
Pt. Lot 1, Concession 'A', Anson
August 30, 2012
12-67
Pt. Lot 10, Concession 5, Snowdon
September 27, 2012
12-68
Pt. Lot 29 & 30, Concession 5, Snowdon
September 27, 2012
12-69
Pt. Lot 6, Concession 'A', Snowdon
September 27, 2012
12-83
Pt. Lot 8, Concession 1, Anson
November 28, 2012
12-88
Pt. Lot 12, Concession 10, Minden
December 13, 2012
13-26
Pt. Lot 3, Concession 13, Snowdon
May 30, 2013
13-28
Pt. Lot 2, Concession 2, Anson
April 25, 2013
13-36
Pt. Lot 14, Concession 6, Minden
November 28, 2013
13-35
Pt. Lot 14, Concession 6, Minden
November 28, 2013
13-40
Pt. Lot 7, Concession 1, Minden
September 26, 2013
13-55
Pt. Lot 1, Concession 4, Anson
December 12, 2013
13-56
Pt. Lot 29, Concession 14, Snowdon
December 12, 2013
13-60
Pt. Lot 10, Concession 5, Minden
November 28, 2013
13-65
All lands in the Township
December 12, 2013
14-02
Pt. Lot 3, Concession 'A', Minden
January 30, 2014
14-03
Pt. Lot 4 & 5, Concession 12, Lutterworth
January 16, 2014
14-04
Pt. Lot 12 & 13, Concession 12, Lutterworth
January 16, 2014
14-05
Pt. Lot 24, Concession 'A', Snowdon
April 24, 2014
14-27
Pt. Lot 31, Concession A', Lutterworth
May 29, 2014
14-28
Pt. Lot 28, Concession 14, Snowdon
May 29, 2014
14-34
Pt. Lot 4, Concession 'A', Minden
June 26, 2014
14-45
Pt. Lot 28 & 29, Concession 6, Minden
June 26, 2014
14-77
Pt. Lot 1, Concession 'A', Minden
October 9, 2014
14-78
Pt. Lot 2, Concession 'A', Minden
October 9, 2014
14-85
Pt. Lot 5, Concession 13, Snowdon
December 11, 2014
Planscape
By-law #
Property description
ADOPTED
15-32
Pt. Lot 13, Concession 11, Minden
March 26, 2015
15-33
Pt. Lot 15, Concession 13, Minden
March 26, 2015
15-93
Pt. Lot 11, Concession 10 & 11, Lutterworth
July 30, 2015
15-94
Pt. Lot 4, Concession 'A', Anson
July 30, 2015
15-99
Pt. Lot 1, Concession 14, Lutterworth
July 30, 2015
15-102
Pt. Lot 31, Concession 4, Snowdon
August 27, 2015
15-133
Pt. Lot 26, Concession 13, Snowdon
November 26, 2015
16-49
Pt. Lot 23, Concession 5, Minden
April 28, 2016
16-83
Pt. Lot 30, Concession 5, Snowdon
July 28, 2016
16-84
Pt. Lot 5, Concession 14, Lutterworth
July 28, 2016
16-122
Pt. Lot 15, Concession 12, Minden
October 27, 2016
17-69
Pt. Lot 7, Concession 5, Minden
June 29, 2017
17-68
All lands in the Township
July 27, 2017
Township of Minden Hills
Zoning By-law 06-10
Consolidated July 27, 2017
Page i
PLANSCAPE
Township of Minden Hills
Zoning By-law 06-10
Table of Contents
Section 1
ADMINISTRATION AND INTERPRETATION ................................................. 1
Section 2
COMPLIANCE WITH THE BY-LAW ............................................................... 5
Section 3
DEFINITIONS ................................................................................................. 6
Section 4
GENERAL PROVISIONS ............................................................................. 25
4.1
ACCESSORY BUILDINGS, STRUCTURES AND USES ........................................... 25
4.2
ASPHALT PLANT, PORTABLE ................................................................................ 29
4.3
BOATHOUSES AND BOATPORTS .......................................................................... 29
4.4
CONSTRUCTION USES (TEMPORARY). ................................................................. 29
4.5
DWELLING UNIT. ...................................................................................................... 29
4.6
DWELLING UNIT BELOW GRADE [deleted by By-law 07-043] ................................. 29
4.7
ESTABLISHED BUILDING LINE. .............................................................................. 29
4.8
EXISTING BUILDINGS, STRUCTURES AND USES ................................................. 29
4.9
EXISTING LOTS ........................................................................................................ 30
4.10 FRONTAGE REQUIREMENTS .................................................................................. 30
4.11 GARDEN SUITES ...................................................................................................... 31
4.12 HAZARD LAND - AREA AND FRONTAGE. ............................................................. 31
4.13 HEIGHT OF BUILDINGS............................................................................................ 31
4.14 HOME OCCUPATION ................................................................................................ 31
4.15 HOME INDUSTRY...................................................................................................... 32
4.16 HUNT CAMP .............................................................................................................. 33
4.17 INDUSTRIAL USES. .................................................................................................. 33
4.18 LIGHTING .................................................................................................................. 33
4.19 LOADING SPACE REGULATIONS ........................................................................... 33
4.20 MINIMUM DISTANCE SEPARATION - AGRICULTURAL USES .............................. 34
4.21 MULTIPLE USES ON ONE LOT ................................................................................ 34
4.22 MULTIPLE ZONES ON ONE LOT. ............................................................................ 34
4.23 NOXIOUS USES. ....................................................................................................... 34
4.24 PARKING AREA REQUIREMENTS .......................................................................... 34
4.25 PITS AND/OR QUARRIES. ........................................................................................ 38
4.26 PLANTING STRIP REGULATIONS ........................................................................... 39
4.27 PROHIBITED USES ................................................................................................... 39
4.28 PUBLIC USES ........................................................................................................... 40
4.29 REDUCTION OF REQUIREMENTS. .......................................................................... 40
4.30 SIGHT TRIANGLES. .................................................................................................. 40
4.31 SIGNS. ....................................................................................................................... 41
4.32 SPECIAL REGULATIONS - Resort Establishments ............................................... 41
4.33 SPECIAL REGULATIONS - Camping Establishment or Recreational
Institutions ................................................................................................................ 41
4.34 SPECIAL SETBACK REQUIREMENTS FROM A WATERCOURSE. ........................ 41
4.35 SPECIAL SETBACK REQUIREMENT FROM A PRIVATE ROAD OR PRIVATE
RGHT-OF-WAY ......................................................................................................... 41
4.36 SPECIAL YARD REQUIREMENTS FOR THROUGH LOTS. ..................................... 41
4.37 TRAILER OR MOBILE HOME PARKS ...................................................................... 41
4.38 TRUCK, BUS, COACH BODIES AND DERELICT VEHICLES .................................. 41
4.39 ZONING OF ISLANDS AND LANDS COVERED BY WATER ................................... 42
Township of Minden Hills
Zoning By-law 06-10
Consolidated July 27, 2017
Page ii
Planscape
Section 5
ZONE PROVISIONS .................................................................................... 43
5.1
CLASSIFICATION...................................................................................................... 43
5.2
ZONE PROVISIONS .................................................................................................. 43
5.3
ZONE PROVISIONS APPLICABLE TO SPECIFIC USES OR OVERLAY ................. 53
5.4
EXCEPTIONS TO ZONES ......................................................................................... 56
5.5
HOLDING ZONES: ..................................................................................................... 90
Section 6
ENACTMENT: .............................................................................................. 91
List of Tables, Figures, and Zone Maps
Table 1
Residential Zones - Permitted Uses
Table 2
Lot Regulations - Residential Zones
Table 3
Non-Residential Zones - Permitted Uses
Table 4
Lot Regulations - Non-Residential Zones
Figure 1
Corner Lot and Lot Frontage illustrations
Figure 2
Examples of Yard Definitions
Figure 3
Illustrations of Building Height
Figure 4
Reconstruction of Non-Complying Structures (Section 4.8.4)
Zone Maps
Schedules 1 to 25
Schedule 23 (Highland Gate Estates)
[deleted by By-law 07-043]
07-043
PLANSCAPE
TOWNSHIP OF MINDEN HILLS
Zoning By-law 06-10
Consolidated July 27, 2017
Section 1 ADMINISTRATION AND INTERPRETATION
1.1
TITLE: This By-law shall be known as the "Township of Minden Hills Zoning By-
law".
1.2
APPLICATION: This By-law applies and is enforceable with respect to the whole
of the Township of Minden Hills. For the purposes of this By-law, the definitions
and interpretations in this By-law shall govern unless the context requires
otherwise.
1.3
ZONE SCHEDULES AND FIGURES: The zones and zone boundaries are
shown on Schedules 1 to 25 Schedules 1 to 25 and Tables 1 to 4 are part of this
By-law. The use of Figures are for illustration purposes only and are enclosed in
the Bylaw to assist the reader in understanding and applying the By-law. These
Figures, however, do not form part of the By-law and, as such, where there is a
discrepancy between the wording of the By-law and the Figure, the By-law's
wording shall take precedence.
1.4
ADMINISTRATION: This By-law shall be administered and enforced by any
person, or persons, as may be appointed for such purpose by the Council of the
Township from time to time.
1.5
INTERPRETATION: For the purposes of this By-law, words used in the present
tense include the future; words used in the singular number include the plural
and words in the plural include the singular number; the word "shall" is
mandatory; the word "may" is permissive; the words "used" and "occupied" shall
include the words "arranged" and "designed to be used or occupied".
1.6
ZONE SYMBOLS: The Zone symbols used in this By-law and on the Schedules
to this By-law refer to lots, buildings and structures and other parcels of land and
to the use of lots, buildings and structures and other parcels of land permitted by
this By-law.
1.7
EXCEPTION ZONES: Where a zone symbol on the attached schedules is
followed by one or more numbers following the dash (-) symbol (for example SR-
4), the numbers following the dash (-) symbol refer to subsections in Section 5.4
(Exceptions to zones) of this By-law that apply to the lands noted.
1.8
OVERLAY ZONES: Notwithstanding any other provision of this By-law to the
contrary, within the areas shown on the Schedules to this By-law as being within
one or more Overlay Zones, the provisions of the Overlay Zone shall also apply.
In the event of conflict between an Overlay Zone and any other Zone, the more
restrictive standards shall apply.
Township of Minden Hills
Zoning By-law 06-10
Consolidated July 27, 2017
Page 2
Planscape
1.9
TEMPORARY USE ZONES: Where on Schedules to this By-law, a zone symbol
is preceded by the letter "T" and a dash, and followed by a number (for example
T-3-RU), one or more additional uses are permitted on the lands noted until the
permission granted by the Site Specific Temporary Use By-law expires. Table
5.3 identifies the Temporary Use Zones within the Municipality.
1.10
HOLDING PROVISIONS: Notwithstanding any other provision in this By-law,
where a Zone symbol is followed by the letter (H), no person shall use the land
to which the letter (H) applies for any use other than the use which existed on
the date this By-law was passed or as provided for in Section 5.5 of this By-law,
until the (H) is removed in accordance with the policies of the Official Plan and
the Planning Act, as amended.
1.11
INTERPRETATION OF ZONE BOUNDARIES: Unless otherwise shown, the
extent and boundary of each zone shown on the Schedules shall be a lot line,
street line, centerline of street, or boundary of a registered plan.
Where the extent and boundary of any zone is uncertain, the following
provisions shall apply:
where a zone boundary is indicated as passing through undeveloped
land, the location of such boundary shall be determined by scaling the
distance on the applicable Schedule;
where a zone boundary is indicated as following the corporate limits of
the Township, such limits shall be the zone boundary; and,
where a zone boundary is indicated as following a shoreline, then such
zone boundary shall follow the high water mark.
1.12
ZONING OF ISLANDS: Islands without a specific zone symbol on the Schedules
are zoned Open Space.
1.13
HEADINGS AND USE OF FIGURES: The headings of the Parts, Sections,
Subsections and clauses of this By-law, including the Schedules, and the figures,
appearing at various places throughout this By-law, have been inserted as a
matter of convenience, for reference only, and in no way define, limit or enlarge
the scope or meaning of this By-law or any of its provisions.
1.14
TECHNICAL REVISIONS TO THE ZONING BY-LAW: Provided that the
purpose and effect of this By-law is unaffected, the following technical revisions
to this By-law shall be permitted without a Zoning By-law Amendment:
1.14.1 Correction to grammatical, mathematical, boundary or other such errors,
including minor technical revisions to the mapping consistent with the
intent of this By-law and the Town's Official Plan;
1.14.2 Changes to the numbering of sections, the numbering contained in the
crossreferencing of sections, and the format and arrangement of the text,
tables, schedules and maps, and the numbering of pages;
Township of Minden Hills
Zoning By-law 06-10
Consolidated July 27, 2017
Page 3
Planscape
1.14.3 Corrections or revisions to the technical information contained on maps,
such as the title blocks and legend;
1.14.4 Changes to headings, indices, table of contents, illustrations, page
numbering, footers and headers, or preamble which do not form a part of
this By-law and are editorially inserted for convenience of reference only.
1.15
ROAD CLOSINGS: In the event that a dedicated street or road is closed, the
property formerly within such street or road shall be included within the Zone of
the adjoining property on either side of such closed street or road Where a closed
street or road is the boundary between two or more different Zones, the Zone
boundary shall be the former centerline of the closed street or road.
1.16
SEVERABILITY: A decision of a court that any provision of this By-law are
invalid in whole or in part does not affect the validity, effectiveness or
enforceability of the other provisions or parts of the provisions of this By-law.
1.17
EFFECTIVE DATE: This By-law shall come into force in accordance with the
provisions of the Planning Act.
1.18
REPEAL OF FORMER BY-LAWS: By-laws 86-26 (Anson, Hindon, Minden), 4-
81 (Lutterworth) and 3/78 (Snowdon) and all amendments thereto are hereby
repealed.
1.19
OBLIGATION: Nothing in this By-law shall relieve any person from the obligation
to comply with the requirements or the Ontario Building Code Act, any other By-
law of the Township of Minden Hills, or other County of Haliburton, provincial or
federal legislation.
1.20
UNLAWFUL USES: Any use established in violation of a Zoning By-law
predecessor of this By-law is deemed to have been established unlawfully.
1.21
INTERPRETATION OF ROADS AND ROAD ALLOWACES: The Schedules to
this By-law show the approximate location and status of road and road
allowances They have been inserted as a matter of convenience, for reference
only, and in no way define, limit or enlarge the extent, ownership or scope of
municipal ownership or maintenance of roads in the Township.
1.22
PREVIOUS COMMITTEE OF ADJUSTMENT DECISIONS: Any variance
granted by the Township of Minden Hills Committee of Adjustment or the Ontario
Municipal Board to any predecessor of this By-law shall be deemed to be a
variance to this By-law.
1.23
TRANSITION PROVISIONS: This By-law does not apply to prevent the issuance
of a Building Permit for a Development for which an Approval under the Planning
Act has been granted for:
a Minor Variance
a Zoning By-law Amendment, or;
Site Plan approval;
Township of Minden Hills
Zoning By-law 06-10
Consolidated July 27, 2017
Page 4
Planscape
where the said Development occurs in strict accordance with the plans originally
filed with the Township in support of the application for Development, or where
a complete application for a building permit or Site Plan approval was made on
or before the effective date of this By-law and the said complete application
complied with the provisions of By-law 06-10 as it existed immediately prior to
the passage of By-law 17-68.
Township of Minden Hills
Zoning By-law 06-10
Consolidated July 27, 2017
Page 5
Planscape
Section 2 COMPLIANCE WITH THE BY-LAW
2.1
COMPLIANCE: No person shall change the use of any building, structure or
land, or erect or use any building or structure, or occupy any land or building or
create any lot except in conformity with the provisions of this By-law.
2.2
REQUIREMENTS: The provisions of this By-law shall be held to be the
minimum requirement except where the word maximum is used, in which case
the maximum requirement shall apply.
2.3
CHANGE IN LOT SIZE: No lot shall be changed in area, depth or width, either
by the conveyance of land or otherwise, so that the lot coverage exceeds the
maximum permitted by this By-law, or so that any existing or resulting lot area,
dimension or yard will be less than the minimum permitted by the provisions of
this By-law.
2.4
CHANGE IN USE: A use or occupation of land, building, structure, or
excavation, or any activity in connection therewith which, under the provisions
of this By-law, is not permissible within the Zone in which such land, building,
or structure or excavation is located, shall not be changed except to a use or
occupation which is permissible within such zone.
2.5
PUBLIC ACQUISITION: No person shall be deemed to have contravened any
provision of this By-law by reason of the fact that any part or parts of any lot
has or have been conveyed to or acquired by any Public Authority.
2.6
BUILDING AND OTHER PERMITS: No building permit or occupancy permit
shall be issued where the proposed building, structure, excavation, use or
activity would be in violation of any of the provisions of this By-law.
2.7
ENFORCEMENT: Any person, or corporation, who contravenes this By-law is
guilty of an offence and on conviction is liable to a penalty in accordance with
the Planning Act, R.S.O. 1990, c.P.13, as amended.
Township of Minden Hills
Zoning By-law 06-10
Consolidated July 27, 2017
Page 6
Planscape
Section 3 DEFINITIONS
3.1
ACCESSORY BUILDING OR STRUCTURE: A building or structure, the use
of which is naturally and normally incidental to, subordinate to, or exclusively
devoted to, a permitted principal use, building or structure and located on the
same lot.
3.2
ACCESSORY USE: A use customarily subordinate, incidental, and exclusively
devoted to a permitted principal use of the lot, building or structure and located
on the same lot.
3.3
AISLE: The area of a parking area that provides direct vehicular access to one
or more parking spaces.
3.4
ALTER: When used in reference to a building, structure, or part thereof,
means:
i)
to change any one or more of the external dimensions of such
building or structure,
ii)
to change the use of such building or structure; or
iii)
to change the number of uses or dwelling units contained therein.
When used in reference to a lot means:
i)
to change the boundary of such lot with respect to a street or lane; or
ii)
to change any dimension or area, relating to such lot, which is
covered herein by a zone provision; or
iii)
to change the use of such lot; or
iv)
to change the number of uses located thereon.
3.5
ARENA: A building, or part thereof, in which the principal facilities provided are
for such recreational activities as curling, skating, hockey, lacrosse, broomball
or other similar athletic activity, and may include dressing rooms, concession
booths for the provision of food and refreshments to the general public,
bleachers, plant equipment for the making of artificial ice and/or other incidental
and subordinate facilities or public use.
3.6
ARTS AND CRAFTS ESTABLISHMENT: A commercial establishment
providing arts and/or crafts products for sale to the general public which are
produced on site by the owner or operator of the establishment and includes a
studio dedicated to production.
3.7
ASPHALT PLANT, PERMANENT: A facility for the mixing of asphalt
components, including hot mix asphalt, for transfer to a job site.
3.8
ASPHALT PLANT, PORTABLE: Equipment that is used to produce asphalt
and which is capable of being readily drawn by a motor vehicle and which is
not permanently affixed to the ground.
3.9
ATTACHED: A building or structure, otherwise complete in itself, which
depends for structural support or complete closure, upon a division wall or
walls shared in common with an adjacent building or structure.
10-14
Township of Minden Hills
Zoning By-law 06-10
Consolidated July 27, 2017
Page 7
Planscape
Detached shall mean a building or structure which is not attached.
3.10
ATTIC: That portion of a building situated wholly or partly within the roof and
which is not a one-half story.
3.11
BALCONY: a structure generally consisting of a platform, projecting from the
face of a wall, cantilevered and usually surrounded by a balustrade or railing.
3.12
BASEMENT: One or more storeys of a building located below the first storey.
3.13
BED AND BREAKFAST: An owner occupied single detached dwelling in
which no more than three (3) guest rooms are made available for temporary
accommodation of the traveling or vacationing public; in which the owner
supplies lodgings with or without meals for the persons so accommodated, but
does not include a boarding house, group home or tourist establishment.
3.14
BOARDING HOUSE: An owner occupied single detached dwelling in which
the proprietor provides for a fee sleeping accommodation with board for more
than three (3) persons and not more than ten (10) persons exclusive of the
proprietor and any employees of the establishment The residents may share
common areas of such establishment.
3.15
BOAT HOUSE: A detached accessory building or structure located in a
required yard, between the shoreline and the dwelling, including those
buildings or structures attached to the bed of a waterbody, which is designed or
used for the berthing or sheltering of a boat and/or other water craft and marine
equipment, and may include storage of accessory equipment incidental to the
residential use permitted on the lot, but shall not include any areas for human
habitation.
3.16
BOAT PORT: A roofed accessory building or structure located in a required
yard, between the shoreline and the dwelling, including those buildings or
structures attached to the bed of a waterbody, which is designed or used for
the berthing and sheltering of a boat and/or other water craft and marine
equipment and is not enclosed by more than one wall.
3.17
BUILDING: A structure that has one or more floors and a roof, used for the
shelter or enclosure of persons, animals or chattel, and includes any structure
serving the same purpose such as a tent, an awning or carport.
3.18
BUILDING SUPPLY OUTLET: A building or structure in which building,
construction, and/or home improvement materials are offered or kept for sale at
retail and may include the fabrication of certain materials and products related
to home improvements.
3.19
BULK STORAGE TANK: A tank for the bulk storage of petroleum, gasoline,
diesel, propane, oil, or other fuels or flammable liquid or fluid but does not
include a container for flammable liquid or fluid legally and properly kept in a
retail store or a tank for storage merely incidental to some other use on the
premises where such tank is located.
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3.20
BUSINESS, PROFESSIONAL OR ADMINISTRATIVE OFFICE: A building, or
part thereof, in which clerical, administrative, consulting, advisory or training
services are performed, but does not include a medical clinic or medical office.
3.21
CAMPING ESTABLISHMENT: A seasonal tourist establishment consisting of
camping sites and comprising land used or maintained as grounds for the
camping or temporary parking of trailers, motor homes, truck campers,
campers or tents, but does not include parks or camping grounds maintained
by any department of the Government of Ontario or Canada, or any Crown
corporation, commission or board For the purposes of this definition, seasonal
means operating between April 1, and Nov. 30 of each year.
3.22
CAMPING SITE: That part of a camping establishment which is occupied on a
temporary basis only, by a trailer, motor home, truck camper, camper or tent.
3.23
CARPORT: An attached or detached accessory building or portion of a
dwelling which is a roofed enclosure designed for the storage or parking of a
motor vehicle, with at least 40 per cent (40%) of the total perimeter open and
unobstructed For the purposes of this By-law, perimeter shall include the main
wall of the building to which the carport is attached.
3.24
CELLAR: [deleted by By-law 07-043]
3.25
CEMETERY: Land that is set apart or used as a place for the interment of the
remains or ashes of human bodies.
3.26
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.
3.27
COMMUNITY CENTRE: Any tract of land, or building, or any part of a building
used for community recreational and/or social activities whether used for
commercial purposes or not, the control of which is vested in the Municipality, a
local board or agent thereof, including any building, structure or facility
established as a Community Recreation Centre within the meaning of the
Community Recreation Centres Act. Accessory uses may include meeting
rooms, a banquet hall, and related kitchen facilities.
3.28
CONSERVATION: The preservation, protection and improvement of the
natural environment through comprehensive management and maintenance.
3.29
CONTRACTOR'S ESTABLISHMENT: The use of lands, building or structures
by any building tradesman or contractor where equipment and material are
stored or where a tradesman or contractor performs shop or assembly work but
does not include any other yard or establishment otherwise defined or
classified herein.
3.30
CUMULATIVE WIDTH: The sum of the widths of every building and structure
located in a required yard of a lot, between the shoreline and the principle
building, and any accessory building and structure located at or on the water
which is associated with lot, as measured parallel to the contour of the
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shoreline, but excluding any portion of a building or structure's width located
behind another building or structure.
3.31
CRAFT AND HOBBY SHOP: shall mean, a building or part of a building where
crafts and small-scale wood working are conducted for personal and domestic
purposes but shall not include the offering or sale of goods produced to the
general public.
3.32
DAY CARE CENTRE: Premises that receive more than five (5) children who
are not of common parentage, primarily for providing temporary care, and are
licensed in accordance with the Day Nurseries Act.
3.33
DECK: An unenclosed structure that is accessory to a residential use and
used as an outdoor living area, and, where attached to a building, with a floor
which is above finished grade; a deck shall not include a landing nor a stair,
and may be attached or detached from a building.
3.34
DESIGNATED ACCESSIBLE PARKING: A parking space identified with
appropriate signage and markings for the exclusive use of persons in
possession of valid accessible parking permits.
3.35
DOCK: An unenclosed accessory structure built at the shoreline or anchored
over water intended for the berthing and storing of watercraft, and includes
such structure whether floating or permanently anchored to the shore or the
lake bed.
3.36
DRIVEWAY: an area of land which provides vehicular access from a street to a
parking aisle or a garage.
3.37
DRY-CLEANING ESTABLISHMENT: Premises used only for the purpose of
collection, distribution, and processing of articles or goods of fabric to be
subjected to the process of dry cleaning, dry dyeing, cleaning, and spotting and
stain removing, and for the pressing of any such articles or goods.
3.38
DWELLING: A residential building designed for the occupancy by one or more
persons, containing one or more dwelling units as a principal use thereof.
3.39
DWELLING, CONVERTED: A dwelling constructed as a single detached
dwelling, the interior of which has been altered to contain two dwelling units.
3.40
DWELLING, DUPLEX: A dwelling which is divided horizontally into two
separate dwelling units, each of which has an independent entrance either
directly from outside the building or through a common vestibule.
3.41
DWELLING, GARDEN SUITE: A one-unit, detached, dwelling unit that is
accessory to an existing single detached dwelling and that is designed to be
temporary and portable.
3.42
DWELLING, MULTIPLE: A dwelling that contains three or more dwelling units.
3.43
DWELLING, SEMI-DETACHED: A dwelling divided vertically to provide two
separate dwelling units separated by a common wall, each of which has an
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independent entrance either directly from outside the building or through a
common vestibule.
3.44
DWELLING, SINGLE DETACHED: A dwelling containing one dwelling unit.
3.45
DWELLING UNIT: a suite of habitable rooms which:
i)
Is located in a building;
ii)
Is used or intended to be used in common by the occupants as a single,
independent, and separate housekeeping establishment;
iii)
Contains food preparation and sanitary facilities provided for the exclusive
common use of the occupants thereof; and
iv)
Has a private entrance from outside the building or from a common
hallway or stairway.
but does not include a tourist establishment, boarding house, or mobile home.
3.46
DWELLING UNIT, ACCESSORY: a dwelling unit accessory to a non-
residential permitted use, that is located in a building the main use of which is
that permitted use, or in a separate building that is located on the same lot as
the main use An accessory dwelling unit shall be occupied by the owner or
operator of the non-residential use and/or by his or her family or employees.
3.47
DWELLING UNIT AREA: The sum total of the areas of every storey within a
dwelling unit, measured between the inside surfaces of the exterior walls of the
dwelling unit. This calculation shall include all habitable rooms, all stairways,
hallways, and other common areas exclusive to that dwelling unit, and the
thickness of interior walls, but shall exclude:
i)
any private garage, carport, deck, veranda, attic, or unfinished basement;
ii)
hallways, stairways and other areas common to more than one dwelling
unit, and
iii)
the thickness of exterior walls.
3.48
EAVE: A roof overhang, free of enclosing walls, without supporting columns.
3.49
EQUESTRIAN FACILITY: An area of land where three or more horses are
boarded or rented to others and/or where riding lessons may be given.
3.50
EQUIPMENT SALES AND RENTAL, HEAVY: Premises in which heavy
machinery and equipment are offered or kept for sale, rent, lease or hire under
agreement, for compensation.
3.51
EQUIPMENT SALES AND RENTAL, LIGHT: Premises in which light
machinery and equipment such as air compressors and related tools and
accessories, augers, automotive tools, cleaning equipment, concrete masonry
equipment, electric tools and accessories, fastening devices such as staplers
and tackers, floor and carpet tools, hoses, ladders, light-compacting
equipment, moving equipment, painting and decorating equipment, pipe tools
and accessories, plumbing tools and accessories, pumps, scaffolding, welding
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equipment and other similar tools and appurtenances are offered or kept for
sale, rent, lease, or hire, under agreement, for compensation.
3.52
ERECT: 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.
3.53
EXISTING: In existence on the date of passing of this By-law.
3.54
FARM: Land used for the growing of crops including nursery and horticultural
crops, the raising of livestock and other animals for food or fur, aquaculture,
apiculture, agro-forestry, or maple syrup production. A farm includes a single
detached dwelling and buildings and structures, such as barns and silos, which
are incidental to the operation of the farm.
3.55
FARM PRODUCE 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.
3.56
FLOOD FRINGE: Shall mean the outer portion of the flood plain between the
floodway and the limit of the regulatory flood. Flood depths and velocities are
generally less severe in the flood fringe than those experienced in the
floodway.
3.57
FLOOD PLAIN: Shall mean the area, usually low lands, adjoining a navigable
waterway which has been, or may be covered by flood water.
3.58
FLOODPROOFING: Shall mean a combination of building changes or
adjustments incorporated into the basic design, construction, or alteration of
individual buildings or properties subject to flooding so as to reduce or
eliminate flood damages.
3.59
FLOODWAY: Shall mean the channel of a navigable waterway and that inner
portion of the flood plain where flood depths and velocities are generally higher
than those experienced in the flood fringe The floodway represents that area
required for the safe passage of flood flow or that area where flood depths or
velocities are considered to be such that they pose a potential threat to life or
property damage.
3.60
FLOOR AREA, GROSS: For a dwelling, or dwelling unit, the total area of the
storeys contained within the outside walls of the dwelling, or dwelling unit,
exclusive of any garage, carport, porch, veranda, balcony, sunroom, unfinished
attic, or unfinished basement; or,
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for a building or part of a building other than a dwelling or dwelling unit, the total
area of all the storeys contained within the outside walls of the building
dedicated to a specific use;
For any structure other than a building, the total area of the lot occupied by
such structure, including such area above grade.
3.61
FLOOR AREA, GROUND: The area of a building or structure, having a
location on or above ground measured from the outside walls or outermost
perimeter of such building or structure and independent of any other building or
structure it may be attached to.
3.62
FUNERAL HOME: Shall mean a building, or part thereof, designed 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 interment or
cremation.
3.63
GARAGE, PRIVATE: A detached accessory building or portion of a dwelling
which is fully enclosed and roofed, and is designed or used for the sheltering of
a private motor vehicle and storage of household equipment incidental to the
residential occupancy A private garage excludes a carport or other open
shelter.
3.64
GARDEN CENTRE and NURSERY: Premises devoted to the growing or
displaying of flowers, fruits, vegetables, plants, shrubs, trees or similar
vegetation which is sold to the public at retail and shall also include the sale of
such goods, products and equipment as are normally associated with
gardening or landscaping.
3.65
GAZEBO: A freestanding, roofed, accessory structure which is not closed,
except for screening or glass, and which is utilized for the purposes of
relaxation.
3.66
GOLF COURSE: A public or private area operated for the purpose of playing
regulation or par 3 golf, and includes accessory clubhouse and recreational
facilities, but does not include driving ranges, miniature courses or similar uses.
3.67
GOLF DRIVING RANGE: An outdoor public or private facility used for the
practice of golf by the driving of balls from fixed golf tees.
3.68
GRADE, AVERAGE FINISHED: The average of the lowest and highest
elevation of the finished surface of the ground measured at the base of a
building wall or the base of a structure.
3.69
GREENHOUSE, COMMERCIAL: Premises used for the growing under glass
of flowers, fruits, vegetables, plants, shrubs, trees and similar vegetation which
are sold directly from such lot at wholesale or retail.
3.70
GROUP HOME: A dwelling in which not more than 10 persons, having
physical, social or mental disabilities reside in an open custody situation, under
the appropriate supervision of personnel who may also reside in the dwelling
unit, and which operates in compliance with applicable Provincial legislation
and municipal By-laws. Shall mean a residence designed for the
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accommodation of 3 to 6 persons, exclusive of staff, living under supervision in
a dwelling unit and who, by reason of their emotional, mental, social or physical
condition, or legal status, require a group living arrangement for their well-
being. The group home shall be funded wholly or in part by any government,
other than funding provided solely for capital purposes, or is licensed or
approved under Provincial statute. For the purposes of this By-law, a group
home will be classified as either closed custody or open custody.
3.71
GROUP HOME, CLOSED CUSTODY: Shall mean a group home operated
primarily for persons who have been placed on probation, released on parole,
or admitted for correctional purposes.
3.72
GROUP HOME, OPEN CUSTODY: Shall mean a group home operated
primarily for persons who have been referred by a hospital, court, government
agency, recognized social services agency, or health professional.
3.73
GUEST: A person, other than a boarder, who contracts for accommodation
and includes all members of the person's party.
3.74
GUEST ROOM: A room or suite of rooms in a hotel, lodge, tourist
establishment or bed and breakfast used or maintained for the accommodation
of an individual or individuals to whom hospitality is extended for compensation
and which contains no kitchen or cooking facilities.
3.75
HABITABLE ROOM: A room designed for habitation.
3.76
HABITATION: The use and occupancy of a structure by people, primarily for
living, sleeping eating, or food preparation. Habitation also includes leisure,
recreational, home entertainment, home business, and bed and breakfast
establishment activities.
3.77
HEALTH CARE CENTRE: An establishment licensed under the Nursing
Homes Act, the Homes for the Aged and Rest Homes Act, or the Private
Hospitals Act, an approved charitable home for the aged as defined in the
Charitable Institutions Act, or a hospital as defined in the Public Hospitals Act.
3.78
HEIGHT AND HEIGHT OF BUILDING: The vertical distance, measured
between the average finished grade, and:
in the case of a mansard roof, the deck roof line;
in the case of a flat roof, the highest point of the roof surface;
in the case of a gambrel, gable or hip roof, the average height between
the eaves and ridge; and
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.
3.79
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, or,
where the high water mark is indeterminate, the normal or regular water level
as shown on a current plan of survey prepared by an Ontario Land Surveyor.
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3.80
HOME INDUSTRY: A small scale 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.
3.81
HOME OCCUPATION: An occupation conducted for gain that is carried on in
accordance with the provisions of this By-law, as an accessory use to a single
detached dwelling.
3.82
HOTEL: A tourist establishment which contains 4 or more guest rooms, with
each guest room served by either a common entrance or a separate entrance
from outside the building. A hotel includes a motel.
3.83
HUNT CAMP: A building intended to provide basic shelter and
accommodation on a temporary basis for persons engaged in such activities as
hunting or fishing. A hunt camp may contain cooking, kitchen, and sanitary
facilities but shall not be used to provide monetary gain. For the purposes of
this By-law, a hunt camp is not a dwelling as defined in Section 3.38.
3.84
INDUSTRIAL USE: The use of land, building or structures for the
manufacturing, processing, fabricating or assembly of raw materials or goods,
warehousing or bulk storage of goods, and related accessory uses. Such use
shall not require a water supply other than that available from within the limits
of the lot upon which the use is located.
3.85
KENNEL, COMMERCIAL: Premises where dogs and other domestic
household pets are kept, bred, or boarded on a commercial basis.
3.86
LANDSCAPED OPEN SPACE: The open unobstructed space from ground to
sky at finished grade on a lot and which is suitable for the growth and
maintenance of grass, flowers, 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, nor any curb, retaining wall, parking area or any open
space beneath or within any building or structure.
3.87
LAGOON: A shallow pond used in the process of treating waste.
3.88
LAUNDROMAT, COIN-OPERATED: Premises where the service of coin-
operated laundry machines, using only water, detergents and additives are
made available to the public for the purpose of laundry cleaning.
3.89
LIVESTOCK BARN: A building intended for housing livestock.
3.90
LIVESTOCK FACILITIES: All livestock barns and manure storages on a lot,
regardless of whether such buildings or structures are occupied or used for
such purpose.
3.91
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, and which has
unobstructed access to a street or lane.
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3.92
LOT: A parcel or tract of land, described in a deed or other legal document,
that is capable of being legally conveyed.
3.93
LOT AREA: The total horizontal area within the lot lines of a lot, excluding the
horizontal area of such lot covered by water.
3.94
LOT, CORNER: A lot at the intersection of two or more streets; a street and
either a private road or private right-of-way; or upon two parts of the same
street; with such intersection containing an angle of less than or equal to 135
degrees.
3.95
LOT COVERAGE: The percentage of the lot area covered by buildings and
structures or portions of such buildings and structures having a location at or
above finished grade, and includes any building or structure cantilevered over
the finished grade.
3.96
LOT FRONTAGE: Shall mean the horizontal straight-line distance determined
as follows:
i)
where the front lot line is a high water mark or abuts an shore road
allowance, the distance between the points where the 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 no side lot lines and no rear lot line, such as on an island,
the greatest distance between any two points.
iv)
in all cases other than those above, the distance between the points
where the side lot lines intersect the front lot line.
3.97
LOT, INTERIOR: A lot other than a corner lot or a through lot.
3.98
LOT LINE: Any boundary of a lot or the vertical projection thereof.
3.99
LOT LINE, FRONT:
i)
In the case of an interior lot, the line dividing the lot from the street; or
ii)
In the case of a corner lot, the shorter lot line abutting the streets; or
iii)
In the case where a lot fronts upon a waterbody or onto a shore road
allowance, the shoreline or lot line abutting the shore road allowance; or
iv)
In the case of a through lot, the lot line where the principal access to the
lot is provided, with the exception of where the lot abuts the shoreline or a
shore road allowance, in which case the shoreline or line at the shore
road allowance is the front lot line.
3.100 LOT LINE, REAR: The lot line farthest from and opposite to the front lot line;
or in the case of a triangular lot, that point formed by the intersection of the side
lot lines.
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3.101 LOT LINE, SIDE: A lot line, other than a front or rear lot line.
3.102 LOT LINE, SIDE, EXTERIOR: Shall mean a side lot line that abuts a street.
3.103 LOT LINE, SIDE, INTERIOR: Shall mean a side lot line other than a side lot
line that immediately adjoins a street.
3.104 LOT, THROUGH: A lot bounded on both the front and rear lot lines by streets,
or in the case of a lot on a navigable waterway, by an original shore road
allowance or high water mark and a street.
3.105 MANURE STORAGE: A permanent storage which is structurally sound and
reasonably capable of storing manure.
3.106 MARINA: Premises inclusive of docking facilities, located on a navigable
waterway, where boats, other watercraft and boating accessories, and
recreational vehicles (excluding motorized mobile homes) are stored, serviced,
repaired, or kept for sale or rental and where facilities for the sale of marine
fuels and lubricants may be provided.
3.107 MARINE SALES AND SERVICE ESTABLISHMENT: A building or part of a
building and associated lands where a dealer displays new and used boats and
marine accessories for sale at retail or for rental, and where marine equipment
is serviced or repaired and may include boat storage facilities.
3.108 MEDICAL or DENTAL CLINIC: Shall mean a building, or part thereof, which is
used jointly by 3 or more medical practitioners for the purpose of consultation,
diagnosis, or treatment of patients and which may include ancillary
administrative offices, waiting rooms, treatment rooms, laboratories,
dispensaries, or other similar functions, but shall not include accommodation
for in-patient care or facilities for major surgical practice.
3.109 MINIMUM DISTANCE SEPARATION FORMULA: Formulae and guidelines
developed by the province, as amended from time to time, to separate uses so
as to reduce incompatibility concerns about odour from livestock facilities.
3.110 MOBILE HOME: Shall mean any structure built and designed to be made
mobile on its own chassis and wheel system that is intended to be hauled to a
permanent site for use with or without a permanent foundation, as a residence
for one or more persons, but does not include a travel trailer, tent trailer, or
motor home otherwise designed. A Mobile Home includes those manufactured
in accordance with Canadian Standards Association Z240 and Z241 but does
not include an A277.
3.111 MODEL HOME DISPLAY COURT: An area of land used for the display of
model home(s) for future retail purposes For the purposes of this definition, a
model home may be used only for the purposes of display and sale.
3.112 MOTOR VEHICLE: Any wheeled vehicle self-propelled by an engine or a
motor mounted on the vehicle, within the meaning of The Highway Traffic Act.
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3.113 MOTOR VEHICLE, COMMERCIAL: A commercial motor vehicle within the
meaning of The Highway Traffic Act.
3.114 MOTOR VEHICLE, DERELICT: A motor vehicle within the meaning of The
Highway Traffic Act, whether or not same is intended for use as a private
passenger motor vehicle or not, which is inoperable and has no market value
as a means of transportation or has a market value that is less than the cost of
repairs required to render the motor vehicle operable.
3.115 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.
3.116 MOTOR VEHICLE SERVICE STATION: Premises where services are
performed or executed on motor vehicles for compensation, and may include
diagnostics; facilities for washing motor vehicles; interior or exterior repair,
including painting; sales and installation of parts, fuels and other related fluids;
and in conjunction with which there may be towing services and/or motor
vehicle rentals for customers while the motor vehicle is being serviced.
3.117 MOTOR VEHICLE WASH, AUTOMATIC: Premises containing facilities for
washing motor vehicles for profit or gain using production line methods and
mechanical devices or a self-service operation, and for the purposes of this By-
law may include a motor vehicle gasoline bar.
3.118 MOTOR HOME: Any motor vehicle so constructed as to be a self-contained,
self-propelled unit, capable of being utilized for the living, eating or sleeping
accommodation of persons.
3.119 MOTORIZED RECREATIONAL VEHICLE: A vehicle which is drawn,
propelled or driven by any kind of power; which is used by the public in
connection with any recreational activity, and includes a mobile home.
3.120 MOTORIZED SNOW VEHICLE: A motorized snow vehicle within the meaning
of The Motorized Snow Vehicle Act, as amended, or re-enacted from time to
time.
3.121 NON-COMPLYING: A permitted building, structure or lot that does not meet
the requirement(s) of this By-law.
3.122 NON-CONFORMING: A use which is not permitted in the Zone in which the
use is situated.
3.123 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 from 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
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normal enjoyment of any use or activity in respect of any land, building or
structure.
3.124 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.
3.125 OUTSIDE STORAGE: Accessory storage of equipment, goods or materials
outside of a principal building on a lot.
3.126 PARK: An area of land under the jurisdiction of a public authority that is
designed and/or maintained for active or passive recreational purposes.
Without limiting the generality of the foregoing, a park may include municipal
parks and playgrounds, swimming pools, splash pads, sport courts, bowling
greens, boating facilities and sports fields and ancillary retail uses.
3.127 PARKING AREA: An area provided for the parking of motor vehicles and may
include aisles, parking spaces, pedestrian walkways, and related ingress and
egress lanes, but shall not include any part of a public street.
3.128 PARKING SPACE: An area, exclusive of any aisles, ingress and egress lanes,
for the temporary parking or storage of motor vehicles, and shall include a
private garage or carport.
3.129 PATIO: a platform or surfaced area without a roof, the surface of which is not
more than 0.3 metres (1.0 ft.) above finished grade, which is designed and
intended for use accessory to a dwelling or a commercial use. A patio does not
include a deck or verandah, and shall not be deemed as part of the main
building or structure.
3.130 PIT: A place 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.
3.131 PLACE OF ASSEMBLY: A building, or part thereof, in which facilities are
provided for such purposes as meetings for civic, theatrical, musical, political,
or social purposes, and shall include, without limiting the generality of the
foregoing, an auditorium, banquet hall, concern hall, gymnasium, opera house,
playhouse, or other similar uses.
3.132 PLACE OF WORSHIP: A building dedicated to religious worship and includes
a church, synagogue or assembly hall and may include such accessory uses
as a nursery school or a school of religious education.
3.133 PLANTING STRIP: An area which shall be used for no purpose other than
planting and maintaining for aesthetic and buffering purposes a continuous,
uninterrupted row of coniferous trees or shrubs, not less than 1.5 metres high
at planting, abutting a lot line along which the planting strip is required by any
zone provision The remainder of the planting strip shall be used for no purpose
other than planting shrubs, flowers, grass, or similar vegetation.
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3.134 PORCH or VERANDA: A portion of a building which is structurally dependent
on and projecting from a building with walls that are open and unenclosed but
may contained mesh screening for insects and is used only as an outdoor
unwinterized living area but does not include a deck.
3.135 PORTABLE PROCESSING PLANT: Equipment for the crushing, screening or
washing of sand and gravel aggregate materials, but not including a concrete
batching plant or an asphalt plant, which equipment is capable of being readily
drawn or readily propelled by a motor vehicle and which equipment is not
considered permanently affixed to the site.
3.136 PREMISES: That portion of a building, structure, or lot occupied or used by a
business or enterprise.
3.137 PRINCIPAL BUILDING: The building in which the principal purpose for which
the building or lot is used is carried on.
3.138 PRINTING OR PUBLISHING ESTABLISHMENT: Premises in which the
business of producing books, newspapers or periodicals, by mechanical means
and reproducing techniques, such as photo copying, is carried on, and may
include the sale of newspapers, books, magazines, periodicals, or other similar
documents, to the general public.
3.139 PRIVATE HOME DAYCARE: 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 private residence, other than the home of a parent or
guardian of any such child, for a continuous period not exceeding 24 hours.
3.140 PUBLIC AUTHORITY: Federal, Provincial, County or Municipal agencies,
including any commission, board, authority or department established by such
agency and for the purposes of this By-law shall include any hydro, telephone
or telegraph company.
3.141 PUBLIC USE: Any activity, occupation, business or operation carried on by a
Public Authority.
3.142 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
metal mine.
3.143 RECREATIONAL INSTITUTION: An area of land containing sleeping
accommodations and facilities used for both passive and active forms of
recreation, which without limiting the generality of the foregoing, shall include
the following: children's camp, religious camp, institutional camp, or other like
or similar camp establishment, but shall not include a tourist establishment.
3.144 RECREATIONAL VEHICLE (RV) SALES AND SERVICE ESTABLISHMENT:
Premises where recreational vehicles and related equipment and accessories
are displayed for sale at retail or for rental, and are stored, serviced or repaired.
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3.145 RESORT: A tourist establishment which contains guest cabins, guest suites,
and/or guest rooms, such that the total number of guest units and guest rooms
is 4 or more A resort may rent or grant rights to use guest cabins, guest suites,
and guest rooms through various forms of tenure such as timesharing, interval
ownership, and fractional ownership, provided all booking and allocation are
undertaken as part of the continued management of the resort as a single
operation A resort may include such accessory uses as retail stores, personal
service shops, Laundromats, or similar uses.
3.146 RESTAURANT: Premises where food, beverage or meals are offered for sale
or sold to the public for immediate consumption on or off the premises and may
include a dining room, café, cafeteria, ice cream parlour, tea room, dairy bar,
coffee shop, snack bar, or refreshment stand, but does not include a drive-
through restaurant.
3.147 RESTAURANT, DRIVE-THROUGH: A restaurant where some or all of the
food is prepared for consumption off premises, and where such food is
dispensed directly to persons remaining in their motor vehicles in a designated
stacking lane.
3.148 RETAIL STORE: Premises in which goods, wares, merchandise, substances,
articles, food stuffs and/or services are offered or kept for sale at retail or on a
rental basis to the general public.
3.149 RETIREMENT HOME: Premises that provide accommodation primarily to
retired persons where each private bedroom or living unit has a separate
private bathroom and separate entrance from a common hall but where
common facilities for the preparation and consumption of food are provided,
and where common lounges, recreation rooms and medical care facilities may
also be provided.
3.150 RIGHT-OF-WAY, PRIVATE: An area of land used as a thoroughfare for motor
vehicles that is legally described in a registered deed for the provision of
private access but does not include a private road.
3.151 ROAD, FOREST ACCESS: An existing travelled road shown on Schedule 26
which is located on Crown land and is used for vehicular access purposes and
which is not maintained, or assumed by the Township or any other authority for
year-round maintenance purposes A Forest Access Road may intersect or
utilize portions of a Public Road or an unopened Township road allowance, but
such encroachments shall not constitute the road being considered to be a
Public Road as defined in this By-law.
3.152 ROAD, PRIVATE: An existing traveled road shown on schedule 26 which is
located on privately owned land and is used for vehicular access purposes and
which is not maintained, or assumed by the Township for year-round
maintenance purposes. A private road may intersect or utilize portions of an
unopened township road allowance, but such encroachments shall not
constitute the road being considered to be a Public Road as defined in this By-
law.
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3.153 ROAD, PUBLIC: A travelled road, shown on Schedule 26 as a "Highway" or
"County Road" or "Township Road", and includes any road which has been
legally assumed for year-round maintenance by the Township, County or
Province of Ontario.
3.154 ROAD, SEASONAL TOWNSHIP: An existing traveled road shown on
Schedule 26 which is located on Township land and/or road allowance and is
used for vehicular access purposes and which is only maintained, by the
Township or an authorized individual to accommodate access during non-
winter months. A Seasonal Township Road may intersect or utilize portions of
an unopened township road allowance, but such encroachments shall not
constitute the road being considered to be a Public Road as defined in this By-
law.
3.155 SALVAGE YARD: A lot or premises for the storage, handling or sale of scrap
or used materials, which without limiting the generality of the foregoing, shall
include waste paper, rags, wood, bottles, bicycles, vehicles, metal or other
scrap material, and salvage and includes a junk yard, a scrap metal yard, or a
motor vehicle wrecking yard, including an ancillary motor vehicle sales and
service establishment and premises.
3.156 SAUNA, OUTDOOR: An accessory building or structure wherein facilities are
provided for the purpose of a steam bath and may include a change room,
having a maximum area of 9 square metres.
3.157 SAW AND/OR PLANING MILL: A building, structure or area where timber is
cut, sawed or planed, either to finished lumber, or as an intermediate step, and
may include facilities for the kiln drying of lumber and/or the distribution of such
products on a wholesale or retail basis.
3.158 SCHOOL, COMMERCIAL: A school conducted for hire or gain, other than a
private, public, religious or philanthropic school, and shall include the studio of
a dancing teacher or a music teacher, art school, golf school, school of
calisthenics, a business or trade school and any other specialized school
conducted for profit or gain.
3.159 SCHOOL, PUBLIC: A school under the jurisdiction of a Board as defined by
the Ministry of Education.
3.160 SCHOOL, PRIVATE: A school other than a public school or a commercial
school as otherwise defined or classified in this By-law.
3.161 SERVICE SHOP, LIGHT: Premises, whether conducted in conjunction with a
retail store or not, for the servicing or repairing of household or domestic
articles and, without limiting the generality of the foregoing, shall include, but
not be limited to the repair and servicing of radio and television receivers,
vacuum cleaners, appliances, shoes, cameras, toys, watches, clocks, bicycles
or other similar goods and appliances but shall not include industrial or
manufacturing uses or motor vehicle repair shops as may otherwise be defined
or classified in this By-law.
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3.162 SERVICE SHOP, PERSONAL: A building or part of a building 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 other similar services.
3.163 SIGHT TRIANGLE: the triangular space formed by the street lines abutting a
corner lot and a third line drawn from a point on a street line to another point on
a street line, each such point being the a distance of 9.0 metres from the point
of intersection of the street lines Where the street lines do not intersect at a
point, the point of intersection of the street line shall be deemed to be the
intersection of the projection of the street lines of the intersection of the
tangents to the street lines.
3.164 SIGN: A structure or advertising device having illustrations affixed thereto or
displayed thereon in any manner, used to identify, advertise or attract attention
to any object, product, place, activity, person, institution, organization, firm,
group, profession, enterprise, industry or business, including any letter, work,
model number, banner, flag, pennant, insignia, device or representation used
as an announcement, direction or advertisement.
3.165 SLEEPING CABIN: An accessory building no larger than 35 square metres
separate from the principal residential dwelling, located on the same lot as the
principal building, for sleeping accommodation, or for the occasional
accommodation of guests A sleeping cabin shall not contain cooking or kitchen
facilities and shall not be used to provide monetary gain, but may contain
sanitary facilities.
3.166 STOREY: The portion of a building, other than an attic, included between any
floor level and 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.
3.167 STOREY, FIRST: The lowest storey of a building closest to finished grade
having its ceiling 1.8 metres or more above average finished grade.
3.168 STOREY, ONE HALF: The portion of a building situated wholly or partly within
the roof and in which there exists at least one point with a vertical dimension of
at least 2.3 metres (measured from the finished floor to finished ceiling).
3.169 STREET: A Public Road, or Seasonal Township Road.
3.170 STREET LINE: The dividing line between a lot and a street; or, when used in
reference to a sight triangle, the dividing line between a lot and private road,
private right-of-way, or a street.
3.171 STRUCTURE: Anything constructed or erected, the use of which requires
location on the ground, or attached to something having location on the ground
and without limiting the generality of the foregoing, includes a motor vehicle.
For the purposes of this By-law, a fence that has a height of two metres or less,
a retaining wall that has a height of one metre or less, and light standards shall
not be considered structures.
3.172 TANDEM PARKING: means two parking spaces, located one behind the other.
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3.173 TENT: A portable shelter of canvas, nylon or other fabricated materials which
is support by one or more poles or frame and is not permanently affixed to the
site.
3.174 TOURIST ESTABLISHMENT: A commercial establishment operated to
provide sleeping accommodation for the traveling or vacationing public, and
may include services and facilities in connection with which sleeping
accommodation is provided.
3.175 TRAILER: A vehicle that may be drawn upon a public street by a motor vehicle
but for the purposes of this By-law does not include a recreational mobile
home.
3.176 TRAILER, TRAVEL OR TENT: Any trailer that is designed to be temporarily
utilized for living, shelter and sleeping accommodation, with or without cooking
facilities, which is not permanently affixed to the ground and has running gear
and towing equipment that is permanently attached, and a current license
plate.
3.177 TRANSPORT DEPOT: A building, structure or place where buses, trucks or
tractor trailers are rented, leased, kept for hire, stored, or parked for
remuneration, or, from which trucks or tractor trailers, stored or parked on the
property, are dispatched for hire as common carriers.
3.178 TRUCK CAMPER: Any unit so constructed that it may be attached upon a
motor vehicle, as a separate unit, and is capable of being utilized for the living,
eating and/or sleeping accommodation of persons.
3.179 UTILITY SHED: A building or structure maintained and used for the purposes
of storing lawn and garden equipment or similar household related
appurtenances and which shall not have a gross floor area in excess of nine (9)
square metres.
3.180 VETERINARY CLINIC: A building or part of a building in which facilities are
provided for the prevention, cure and alleviation of disease and injury to
animals, and in conjunction with which there may be temporary sheltering of
animals during the treatment period. A veterinary clinic shall not include a
commercial kennel.
3.181 WAREHOUSE: Premises used for the storage and distribution of goods,
wares, merchandise, substances, articles, or things, and may include facilities
for a wholesale or accessory retail sales, but shall not include a transport
depot.
3.182 WASTE DISPOSAL AREA: An area of land where garbage, refuse or domestic
or industrial 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.
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3.183 WASTE RECYCLING FACILITY: A facility used for the disposal, sorting, or
recycling of materials and without limiting the generality of the foregoing, may
include such materials and goods such as newsprint, glass, plastic, and tin
containers.
3.184 WATERCOURSE: The natural channel for a perennial or intermittent body of
water, including a lake, a river or stream, with well-defined banks and a bed.
3.185 WAYSIDE PIT OR QUARRY: A temporary pit or quarry opened and used by
or on behalf of a public authority solely for the purpose of a specific project or
contract for road construction.
3.186 WHOLESALE ESTABLISHMENT: Premises used for the purposes of selling
or offering for sale goods, wares, or merchandise on a wholesale basis and
includes the storage or warehousing of such goods, wares or merchandise.
3.187 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, or other similar uses.
3.188 YARD: A space, appurtenant to a building or structure, located on the same
lot as the building or structure, which space is open, uncovered and
unoccupied from the ground to the sky except for such accessory buildings,
structures or uses as are specifically permitted elsewhere in the By-law.
3.189 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.
3.190 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.
3.191 YARD, REQUIRED: The minimum yard required by the provisions of this By-
law.
3.192 YARD, SIDE: A yard extending from the front yard to the rear yard and from
the 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.
3.193 YARD, SIDE, EXTERIOR: A side yard that immediately adjoins a public street
or an unopened road allowance.
3.194 YARD, SIDE, INTERIOR: A side yard other than an exterior side yard.
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Consolidated July 27, 2017
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Section 4 GENERAL PROVISIONS
Unless specifically exempted or regulated elsewhere in this By-law, the following regulations
apply to all lands covered by this By-law.
4.1
ACCESSORY BUILDINGS, STRUCTURES AND USES
4.1.1 Permitted Uses: Where this By-law provides that a lot may be used or a
building or structure may be erected or used for a purpose, that purpose shall
include any detached accessory building or structure or accessory use, located
on the same lot as the primary use to which they are related.
4.1.2 Uses Permitted in detached accessory buildings and structures: No
detached accessory building or structure shall be used for human habitation or
an occupation for gain, unless specifically permitted in this By-law.
4.1.3 Relation to Street and Location on Lot
a) Residential Zones: An accessory building or structure which is not part of
the principal building shall not be erected
a) in any of the required yards; or,
b) closer to the street line than the principal building on the lot,
except in the case of a through lot in the Shoreline Residential
(SR) Zone.
unless specifically provided for elsewhere in this By-law.
b) Non-Residential Zones: No accessory building or structure shall be erected
a) closer to the street line, side lot line, or rear lot line, than the
minimum required yard requirements of the respective Non-
Residential Zone; or,
unless specifically provided for elsewhere in this By-law.
4.1.4 Relation to Principal Building: No detached accessory building or structure
shall be erected closer than 1.5 metres to the principal building, unless
specifically provided for elsewhere in this By-law.
4.1.5 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:
a dock on a lot accessible only by water;
temporary construction uses; or,
a septic system.
4.1.6 Building Height: The height of any accessory building or structure located
greater than 40 metres from the high water mark, shall not exceed 6 metres and
shall not be more than two (2) storeys in height. Where an accessory building or
structure is located within 40 metres from the high water mark such building or
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Page 26
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structure shall not exceed 3.5 metres and shall not be more than one (1) storey
in height, and provided all other sections of this By-law are complied with.
4.1.7 Exceptions to Height: The following accessory structures may exceed the
height requirements permitted within the Zone in which they are located:
a grain elevator,
a barn or silo,
a church spire,
a belfry,
a flag pole,
a chimney,
a clock tower,
a communication tower,
a water tank,
a radio or television tower or antenna,
an air conditioner duct, and
external equipment associated with internal building equipment, located in
the Rural (RU) Zone
4.1.8 Coverage: The maximum lot coverage of all detached accessory buildings and
structures, except swimming pools and septic tile fields, is five percent (5%) of
the lot area Within an Industrial Zone, the maximum lot coverage of all accessory
buildings or structures is ten percent (10%) of the lot area This coverage is within
the total coverage noted in Tables 2 and 4.
4.1.9 Shore Road Allowance: No new detached building or structure, with the
exception of a means of pedestrian access, a deck, a dock or a pumphouse,
shall be erected on a shore road allowance that is owned by the Township or the
Crown Where a structure is erected on a shore road allowance that is owned by
the Township or the Crown, such structure shall be deemed to be an accessory
use to the principal use located on the adjacent patented lot.
4.1.10 Accessory Structure Encroachments
a) General: Drop awnings, clothes poles, flag poles, garden trellises, retaining
walls, or signs which comply with the By-laws of the Township, are permitted
in any required yard.
b) Fire Escapes: Unenclosed fire escapes, in which the stairs, steps and floor
are latticed in such a manner that the proportion of voids to solids is not less
than two to one and in which guards, consisting of handrails and the
structural members necessary for their support, may project into any required
yard a maximum distance of 1.2 metres or 50% of the required yard,
whichever is the lesser.
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c) Ornamental Structures: Sills, chimneys, cornices, eaves, gutters, parapets,
pilasters, or other ornamental structures may project into any required yard a
maximum distance of 0.6 metres.
d) Balconies and Steps: Unenclosed balconies and steps may project into any
required yard a maximum distance of 3.5 metres, provided such structure
complies with the required side yard.
e) Utility Sheds: A utility shed may be erected and used in any required interior
side or rear yard provided that it is not located closer than the required yard
or 2.0 metres to the interior side or rear lot line, whichever is less
f) Gatehouse or Information Kiosk: In a non-residential zone, a gatehouse or
information kiosk may be located in any required front or side yard, provided
such structure shall not be erected closer than 3 metres to the front or side lot
line.
4.1.11 Garages: A single storey detached private garage may be erected and used in
any required interior side or rear yard provided that it is no closer than the
required yard or 2.0 metres to the interior side or rear lot line, whichever is less,
except that common semi-detached garages may be centered on the mutual side
lot line.
4.1.12 Shoreline Structures
a) Identification: Shoreline structures refer to accessory buildings and
structures erected at or near the shoreline in the required yard located
between the shoreline and the principal building. They include buildings and
structures that are attached to the land that forms the bed of a navigable
waterway.
b) Permitted Uses: Shoreline structures include the following: deck, dock,
gazebo, pumphouse, stairs and ramps, and existing single storey accessory
buildings and structures not otherwise prohibited in the zone in which it is
located.
c) Maximum Width of Shoreline Structures: The maximum cumulative width
of all shoreline structures shall not exceed 30% of the lot frontage to a
maximum of 15 metres.
d) Docking Facilities: A dock may be erected and used in the required front
yard of a lot abutting a watercourse provided it complies with the minimum
required side yard of the zone, or the straight line projection of the side lot
line into the water, and has a maximum projection into the water of 15 metres
from the high water mark, with the exception of either:
a dock projecting into a narrow watercourse, where the maximum
projection shall be the lesser of 6 metres or 30% of the width of the
narrow watercourse; or,
a dock projecting into any other watercourse upon which the 15 metre
projection of a dock ends in a water depth of less than 1 metre (measured
from the normal ordinary or regulated high water level), the dock may be
extended until a water depth of 1 metre is achieved at the end of the dock
to a maximum projection of 25 metres.
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For the purposes of this Section, a narrow watercourse is a watercourse
where the distance measured perpendicularly from shoreline to shoreline is
less than 30 metres.
e) Pump House: A pumphouse may be erected and used in the required front
yard of a lot abutting a watercourse or shore road allowance provided it
complies with the minimum required side yard A pumphouse shall not exceed
2.5 square metres in ground floor area nor be higher than 2 metres.
f) Gazebo and Outdoor Sauna: A gazebo or outdoor sauna may be erected
and used in the required front yard of a lot abutting a watercourse provided it
is setback a minimum of 6 metres from a side lot line, does not have a total
floor area greater than 9 square metres, and is located a minimum 10 metres
from the high water mark.
4.1.13 Sleeping Cabin: A sleeping cabin may be erected on a lot in the Shoreline
Residential (SR) Zone or the Rural (RU) Zone, provided:
a) A sleeping cabin shall either be a detached one storey building, or be located
within a one or two storey accessory building provided that the sleeping cabin
is entirely located on one storey. Where the sleeping cabin occupies part of a
one storey accessory building, all other uses in the building shall be
accessory, and the sleeping cabin shall be separated from any other uses by
a common wall and shall have an independent entrance. Where the sleeping
cabin is the second storey of a two storey accessory building the following
additional provisions shall apply:
i) The second floor of a two storey accessory structure shall be restricted to
a sleeping cabin.
ii) The maximum floor area of the second storey of a two storey accessory
building shall be restricted to 35 square metres measured from the
exterior walls but excluding any area where the height between the top of
the floor and the finished ceiling is less than 1.5 metres.
iii) The total ground floor area of all open decks and balconies any part of
which is attached to or within two metres of a two storey accessory
building shall not exceed 15 square metres.
b) a maximum of one sleeping cabin is permitted on a lot;
c) the gross floor area of such cabin does not exceed 35 square metres;
d) the height of a one storey sleeping cabin does not exceed 4.5 metres; and,
e) the sleeping cabin complies with the yard and setback requirements of the
Zone in which it is located and is not located to the front of the principal
dwelling.
4.1.14 Outdoor Swimming Pool: An outdoor swimming pool is permitted as an
accessory use within a side or rear yard provided it is not located closer than 3.0
metres to any lot line, and the coverage of the swimming pool does not exceed
fifteen percent (15%) of the total lot area.
4.1.15 Septic tile field: A septic tile field is permitted as an accessory structure within
any yard, provided it is not located closer than 30 metres from the shoreline.
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4.2
ASPHALT PLANT, PORTABLE: Where specifically permitted in this By-law, a portable
asphalt plant shall be used by or on behalf of a public authority.
4.3
BOAT HOUSES AND BOAT PORTS: No person shall use any land adjacent to or on a
waterbody for the purpose of a boat house or boat port.
4.4
CONSTRUCTION USES (TEMPORARY): A tool shed, construction trailer, scaffold, or
any other structure incidental to construction, is permitted where construction work is in
progress, and until the work is completed or abandoned For the purposes of this Section
"abandoned" means the failure to proceed expeditiously with the construction work or
the revocation of the building permit.
4.5
DWELLING UNIT: Unless otherwise specified in this By-law, no more than one dwelling
unit is permitted on a lot.
4.6
DWELLING UNIT BELOW GRADE [deleted by By-law 07-043]
4.7
ESTABLISHED BUILDING LINE: Where a permitted dwelling is to be erected on a lot
and where there is an established building line extending along a public road on both
sides of the lot, such 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 the adjacent dwellings
on either side of the lot and located on the same side of the street.
4.8
EXISTING BUILDINGS, STRUCTURES AND USES
4.8.1 Continuation of Existing Uses: The provisions of this By-law shall not apply to
prevent the use of any land, building or structure for any purpose prohibited by
this By-law if such land, building, or structure was lawfully used for such purpose
on the date of passing of this By-law so long as it continues to be used for that
purpose.
4.8.2 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 prohibited
by this By-law, 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.
4.8.3 Restoration to a Safe Condition: Nothing in this By-law, including the
preceding subsection 4.8.2, 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, for any purpose prohibited by this By-law,
provided that the strengthening or restoration does not increase the height, size,
or volume, or change the use of such building or structure.
4.8.4 Permitted Non-Complying Building or Structure: A non-complying building
or structure which was legally erected/altered in accordance with the By-laws in
force at the time of construction and/or alteration may be replaced, enlarged,
repaired or renovated provided that the replacement, enlargement, repair or
renovation does not:
i)
increase the extent of non-compliance, or create a new non-compliance
issue; or,
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ii)
increase the height of the building or structure by more than 1.2 metres; or,
iii)
increase the ground floor area of the building or structure, or area of a
septic tile field, by greater than 25%; or,
iv)
increase the size or height of a building or structure located wholly or in part
within 15 metres of the high water mark.
4.8.5 Floor Area Less Than Required: Nothing in this By-law shall prevent an
extension or an addition being made to a dwelling, that was lawfully used for
such purpose on the date of passing of this By-law but which has dwelling unit
area less than required by this By-law, provided such extension or addition does
not contravene any other provision of this By-law.
4.8.6 Building Permit Issued: The provisions of this By-law shall not apply to prevent
the erection or use of any building or structure, for a purpose prohibited by this
By-law, for which a permit has been issued pursuant to The Building Code Act
prior to the date of passing of this By-law, so long as the building or structure,
when erected, is used and continues to be used for the purpose for which it was
erected, provided further that the permit has not been revoked pursuant to The
Building Code Act.
4.9
EXISTING LOTS
4.9.1 Existing Undersized Lots: Notwithstanding the frontage and area provisions of
this By-law, where a lot having a lesser lot area and/or frontage than required in
this By-law is:
i)
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,
ii)
created as a result of an expropriation or highway widening, or
iii)
a lot on an existing plan of subdivision that has not been deemed, and
where a vacant lot in a Shoreline Residential Zone has a lot area not less than
1,400 square metres and/or a lot frontage not less than 30 metres,
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 provisions of this By-law
are complied with.
4.9.2 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 that all other
applicable provisions of this By-law are complied with. If applicable, any building
located on such enlarged lot shall continue to be subject to the provisions of
Section 4.9.1.
4.10
FRONTAGE REQUIREMENTS
07-043
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4.10.1 Public Street: No person shall erect any building or structure, unless the lot
upon which such building or structure is to be erected fronts upon and is directly
accessible from a public road.
4.10.2 Unassumed Road: The provisions of this By-law shall not apply to prevent the
erection of a permitted building or structure on a lot in a Registered Plan of
Subdivision where a properly executed subdivision agreement has been entered
into with the Township and registered against the lands whereunder the street or
streets will not be assumed by the Township until such time as specified in the
agreement.
4.10.3 Private Right-of-Way or Navigable Waterway:
a) Where a lot that existed prior to the passage of this By-law is accessible by
means of a Private Road, Seasonal Township Road or Forest Access Road;
a private right-of-way; or, an unopened road allowance on which a road has
been constructed in accordance with policies established by the Township,
the provisions of this By-law shall not apply to prevent the use of land or the
construction of a building or structure, provided the use, building or structure
is compliant with all other provisions of this By-law.
b) Where a building or structure was lawfully used for a purpose permitted within
the Zone in which it is located, as of the date of passing of this By-law, and
where such building or structure is only accessible by means of a private
right-of-way providing ingress and egress to a public street or road allowance,
the provisions of this By-law shall not apply to prohibit the extension,
enlargement, renovation or reconstruction of such structure provided such
extension enlargement, renovation or reconstruction does not contravene any
other provision of this By-law.
c) Notwithstanding the provisions of this Section and Section 4.21 to the
contrary, for a lot located on an island, the erection, alteration of or use of a
building or structure for a use permitted in such zone, is permitted provided
all other provisions of this By-law are met.
4.11
GARDEN SUITES: A garden suite, as defined in this By-law, may be permitted by way
of a Temporary Use By-law and furthermore may be subject to an agreement with the
Town.
4.12
HAZARD LAND - AREA AND FRONTAGE: Land zoned HZ - Hazard Land, may be
used in the calculation of the minimum lot area or frontage requirements for another
zone on that lot where property under one ownership is zoned only partially as HZ -
Hazard Land.
4.13
HEIGHT OF BUILDINGS: No principal building or structure shall exceed three (3)
storeys in height, exclusive of any basements.
4.14
HOME OCCUPATION: The following regulations apply to regulate a home occupation
where such a use is permitted:
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;
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Such home occupation shall not be a nuisance, with regard to noise, vibration, etc.,
and not interfere with television or radio reception of others in neighbouring buildings
or structures;
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;
There shall be no display to indicate that any part of the property is being used for
other than residential uses except for an unlit sign of not more than 0.5 metres
square, except where a lot fronts on a County Road or Provincial Highway, in which
case the requirements of the County or the Province shall be complied with;
The home occupation use shall be conducted entirely within the dwelling;
Not more than 25% of the gross floor area of the dwelling shall be used for the
purposes of home occupation use;
Such use is conducted by a person or persons residing in the dwelling and a
maximum or one employee who does not live in the dwelling;
There shall be no more than one (1) commercial vehicle parked at any one time on
the property;
There shall be no outside storage of equipment, goods or materials associated with
the home occupation use; and,
There shall be no equipment, goods, wares or merchandise offered for sale or rent
from the dwelling which are not manufactured or processed on the lot.
4.15
HOME INDUSTRY: The following regulations apply to regulate a home industry where
such a use is permitted:
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;
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;
Such home industry shall not be a nuisance to, nor interfere with, television or radio
reception of others in neighbouring buildings or structures;
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
metres square, except where a lot fronts on a County Road or Provincial Highway, in
which case the requirements of the County or the Province shall be complied with;
No home industry shall be located within 300 metres of any waterbody;
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;
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;
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;
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There shall be no more than three (3) commercial vehicles parked at any one time
on the property;
Any permitted open storage shall be screened from view;
A planting strip shall be provided on the lot in accordance with the provisions of this
By-law; and,
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.
4.16
HUNT CAMP: Within the Rural (RU) Zone, a maximum of one (1) hunt camp may be
constructed per lot subject to the following regulations:
a) Maximum gross floor area:
60 square metres
b) Minimum setback from a front, rear, or side lot line:
30 metres
c) Minimum lot size:
20.25 hectares
d) A hunt camp may not be occupied for more than 90 days in any 12 month
period
4.17
INDUSTRIAL USES: Notwithstanding any provisions of this By-law to the contrary, any
industrial use requiring a new Permit to Take Water from a Provincial agency shall be
permitted only through site specific zoning amendment. This provision does not apply to
a portable processing plant, where otherwise permitted in this By-law.
4.18
LIGHTING: Despite any structure height provision of this By-law, no light standard shall
be constructed on any lot with a structure height of more than 4.5 metres, and no
exterior light shall be affixed to any structure at a height of more than 4.5 metres above
average finished grade. All exterior lighting fixtures shall direct light downwards and not
towards abutting lots and streets.
4.19
LOADING SPACE REGULATIONS:
4.19.1 Loading Space Requirements: For all Commercial, Industrial, and Institutional
zones, loading spaces are required, in accordance with the Loading Space
Requirement Table.
LOADING SPACE REQUIREMENT TABLE
Gross Floor Area of Building
Loading Spaces Required
Greater than 250 m2 and less than 2,500 m2
1
Greater than or equal to 2,500 m2 and less
than 7,500 m2
2 spaces
Greater than 7,500 m2
2 spaces + 1 additional loading
space for each additional 9,300
m2 or part thereof in excess of
7,500 m2
4.19.2 Loading Space Dimensions: For the purposes of this By-law, each loading
space shall be a minimum 9 metres in length, 4 metres in width and have a
vertical clearance of 5 metres.
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4.19.3 Access: Access to loading spaces shall be by means of a driveway at least 3.5
metres in width contained on the lot on which the spaces are located and leading
to an improved public street.
4.19.4 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.
4.19.5 Location: Loading spaces 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.
4.19.6 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 is not increased, or the use changed;
if an addition is made to the building 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 Requirements Table for such addition or
use.
4.20
MINIMUM DISTANCE SEPARATION - AGRICULTURAL USES:
4.20.1 Non-Agricultural Uses: Notwithstanding any other yard or setback provisions in
this By-law to the contrary no residential, institutional, commercial, industrial or
recreational use located on a separate lot and otherwise permitted by this By-law
shall be erected or altered unless it complies with the Minimum Distance
Separation (MDS I) Formula as developed by the Ontario Ministry of Agriculture
and Rural Affairs.
4.20.2 Agricultural Uses: Notwithstanding any other yard or setback provision in this
By-law to the contrary, no livestock facilities shall be erected or expanded unless
it complies with the Minimum Distance Separation (MDS II) Formula as
developed by the Ontario Ministry of Agriculture and Rural Affairs.
4.21
MULTIPLE USES ON ONE LOT: Where any building, structure or lot is used for more
than one purpose, the applicable provisions of this By-law which serve to regulate each
such use shall be complied with, provided that no detached dwelling as may be
permitted shall be erected closer than 10 metres to any other structure on the lot.
4.22
MULTIPLE ZONES ON ONE LOT: Where a lot is divided into more than one Zone,
each portion of the lot shall be used in accordance with the provisions of this By-law for
the applicable Zone, provided however that the maximum number of dwelling units
permitted on the total lot does not exceed one, except where a larger number of
dwellings is specifically permitted.
4.23
NOXIOUS USES: No person shall, within the zoned area, use any land or construct or
use any structure for any noxious use.
4.24
PARKING AREA REQUIREMENTS
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4.24.1 Parking Space Requirements: The owner of every building, structure, or lot
used for any purpose shall provide and maintain for the sole use of the owner,
occupant or other persons entering upon or making use of the premises, off-
street parking spaces and areas in accordance with the Parking Space
Requirement Table.
PARKING SPACE REQUIREMENT TABLE
Type or Nature of Use
Minimum Parking Spaces
Assembly hall;
Auditorium;
Arena;
Community centre;
Place of entertainment;
Place of worship;
Restaurant;
Tavern;
Similar places of assembly not Otherwise specified; or
Funeral home
The greater of:
1 space/5 fixed seats or 3 metres of bench
seating or portion thereof
1 space /9 sq. metres of gross floor area
1 space for each 4 persons that may be
legally accommodated at any one time
Dwelling unit
2 spaces for each dwelling unit(1)
Bank;
Business or professional office;
Retail commercial establishment
1 space for each 28 m2 of gross floor area
Bed and Breakfast establishment
1 space for each guest room in addition to the
requirement for a dwelling unit
Elementary School
High School
2 spaces for each teaching classroom
4 spaces for each teaching classroom
Golf course
24 spaces for each 9 holes of golfing facilities +
spaces as required for accessory uses
Tourist establishment
1 space for each guest room + spaces as
required for accessory uses
Liquor licensed premises exclusive of an eating
establishment but including an entertainment lounge,
public house or lounge licensed in accordance with
licensing requirements
1 space for each 4 persons that may be legally
accommodated at any one time
Manufacturing, processing, assembly fabricating plant;
Wholesale establishment; or
Warehouse
1 space of each 38 m2 of gross floor area
Marina
1 space for each boat slip provided + spaces as
required for accessory uses
Medical or dental clinic,
Veterinary clinic
5 spaces per doctor + 1 space for each
examination room exceeding 5 such rooms per
office
Health Care Centre
1 space for each 4 beds
Commercial self storage
3, or 1 space for each 20 individual spaces or
lockers, whichever is greater
Post office,
Museum,
Art gallery,
Public library
1 space for each 38 m2 of gross floor area
All other non-residential uses
1 space per 27 m2 of gross floor area
Notes: (1) In the case of a single detached dwelling, the required parking spaces may be provided by means of tandem parking
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4.24.2 Calculation of Parking: Where the minimum number of parking spaces is
calculated on the basis of a rate or ration, the required number of spaces shall be
rounded to the next higher whole number.
4.24.3 More than One Use on a Lot: Where there are two (2) or more uses in any
building or on any lot, including accessory uses, the required parking shall be the
sum total of the parking requirements for each of the component uses.
4.24.4 Parking Based On Occupancy: Where parking space requirement establishes
the required parking in relationship to the number of persons that may be legally
accommodated at any one time, such number shall be calculated in accordance
with the Ontario Building Code, as amended.
4.24.5 Parking Area Surface: Parking space areas and driveways connecting the
parking space or area with a street shall be maintained with a stable surface that
is treated so as to prevent the raising of dust Such parking spaces or areas shall
be constructed of crushed stone, gravel, asphalt, concrete or similar material and
shall include provisions for drainage facilities.
4.24.6 Size of Parking Spaces and Aisles: Surface parking spaces shall have a
minimum width of 2.75 metres and a minimum length of 6.0 metres. The width of
the adjacent aisle shall be in accordance with the Parking Aisle Width Table:
Parking Aisle Width Table
Angle of Parking Space at
Aisle
Minimum Perpendicular Width of
Aisle
60 to 90 degrees
5.8 metres
59 to 45 degrees
5.2 metres
44 degrees or less
3.6 metres
Where parking spaces are provided in an enclosed or underground parking
garage, such parking spaces shall have a width of not less than 2.6 metres and a
length of not less than 5.8 metres.
The minimum width of an aisle providing access to a parking space within a
parking area shall be 6.0 metres, except in the case of angled off-street parking
accessed by a one-way aisle, which shall be a minimum width of 4.5 metres.
4.24.7 Designated Accessible Parking: Designated accessible parking spaces shall
be provided in accordance with the Accessible Parking Space Requirements
Table and subject to the following provisions. The provision of accessible parking
spaces shall be included as part of the total calculation of parking spaces
required for any lot, building or use.
Designated Accessible Parking Requirement Table
Total number of parking spaces
required
Number of designated accessible
parking spaces
4-10
1
11-20
2
21-50
3
51-75
4
76-100
5
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100-200
6
More than 200
1 additional space for each
additional 100 spaces
A designated accessible parking space for motor vehicles shall be a minimum of
3.5 metres wide that includes an adjacent 1.75 metre wide aisle that is hatch
marked on the parking lot.
The minimum length of a designated accessible parking space for motor vehicles
shall be 6 metres (19.7 ft). Two designated accessible parking spaces may share
a single 1.5 metre (4.9 ft.) wide hatched aisle.
Designated accessible parking spaces shall have a firm, level surface.
If the required number of parking spaces is reduced to accommodate designated
accessible parking, this does not create a non-compliance with respect to
Section 4.24.1.
Designated accessible parking spaces shall be located as near as possible to the
main entrance, and in no circumstance be located greater than 30 metres (98.4
ft.) of an entrance.
4.24.8 Ingress and Egress Provisions:
a) Ingress and egress to and from the required parking spaces and areas shall
be provided by means of unobstructed driveways or passageways at least 3
metres but not more than 9 metres in perpendicular width.
b) The maximum width of any joint ingress and egress driveway ramp measured
along the street line shall be 9 metres.
c) The minimum distance between any two driveways on a lot or between a
driveway and an intersection of street lines measured along the street line
intersected by such driveway shall be 9 metres.
d) The minimum angle of intersection between a driveway and a street line shall
be 60 degrees. Every lot shall be limited to the following number of
driveways:
i.
Up to the first 15 metres of lot frontage, not more than one driveway;
and,
ii.
Greater than 15 metres of lot frontage, not more than two driveways
with a combined width not exceeding thirty percent (30%) of the lot
frontage.
4.24.9 Ingress and Egress Regulations - Retail Gasoline Establishments: The
following provisions shall apply to ingress and egress driveways established in
conjunction with a motor vehicle dealership or motor vehicle service station,
where gasoline is offered or kept for sale at retail: the maximum width of a
driveway measured along the street line shall be 9 metres; the minimum distance
between driveways, measured along the street line intersected by such driveway
shall be 9 metres; the minimum distance between a driveway and an intersection
of street lines, measured along the street line intersected by such driveway shall
be 9 metres; the minimum distance between an interior side lot line and any
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driveway shall be 3 metres; and, the interior angle formed between the street line
and the centerline of any driveway shall not be less than 45 degrees.
4.24.10
Parking Area Location on a Lot: Parking areas, inclusive of driveways,
shall be permitted in the required yards in accordance with the following
provisions:
a) In all Zones, except Residential Zones, no driveway shall be permitted within
9.0 metres of the boundary of a Residential Zone;
b) In all Zones, except Residential Zones, no parking space shall be permitted
within 3.0 metres of the boundary of a Residential Zone;
c) Within all Residential Zones, parking spaces and areas shall be permitted
within a front, interior side or rear yard provided that no part of any parking
area, other than a driveway, is located closer than 2 metres to any street line
or within a sight triangle;
d) Within the Rural, Open Space, Community Facility and all Commercial
Zones, parking spaces and areas shall be permitted within a front, interior
side or rear yard provided that no part of any parking area, other than a
driveway, is located closer than one metre to any street line or within a sight
triangle;
e) Within all Industrial Zones, parking spaces and areas shall be permitted
within a front, interior side or rear yard provided that no part of any parking
area, other than a driveway, is located closer than 2 metres to any street line
or within a sight triangle;
f) Notwithstanding the provisions of this Section to the contrary, within the
Shoreline Residential (SR) Zone, no parking space shall be permitted in the
front yard.
4.24.11
Additions to or Change in Use of Building(s): The parking space
requirements referred to herein shall not apply to any building or structure in
existence at the date of passing of this By-law so long as the gross floor area, as
it existed at such date, is not increased If an addition is made to the building or
structure that increases the gross floor area, then parking spaces for the addition
shall be provided as required in the Parking Space Requirements Table Where a
change in use of the building or structure occurs, parking spaces shall be
provided in accordance with the Parking Space Requirement Table.
4.24.12
Use of Parking Space(s) and Area(s): Parking spaces and areas shall
be used for the parking of operative, currently licensed vehicles only, and for
vehicles used in operations incidental to the permitted uses in respect of which
such parking spaces and areas are required or permitted Notwithstanding the
foregoing, within any Residential Zone, the owner or occupant may use a parking
space for the purposes of the parking or storage of one currently licensed
commercial motor vehicle.
4.25
PITS AND/OR QUARRIES: The making or establishing of pits and/or quarries is
prohibited except in accordance with the express provisions of this By-law No person
shall use land or erect any building or structure for the purpose of processing, washing,
sorting, screening or crushing rock, sand or gravel in any locations, except as expressly
provided for in this By-law.
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4.26
PLANTING STRIP REGULATIONS
4.26.1 Location: Where the interior side or rear lot line, or portion thereof, in a
Community Facility, Commercial or Industrial Zone abuts a Residential Zone, a
planting strip shall be provided on the lot within the Community Facility,
Commercial or Industrial Zone with a minimum width of 6 metres.
4.26.2 Contents: Any required planting strip shall consist of a row of trees or a
continuous hedgerow of evergreens or shrubs, not less than 2 metres high at
planting, immediately adjacent to the lot line or portion thereof along which such
planting strip is required hereunder The remainder of the strip shall be used for
no other purpose than the planting of shrubs, flowerbeds, grass or a combination
thereof.
4.26.3 Interruption for Driveways or Pedestrian Walks: In all cases where ingress
and egress driveways or walks extend through a planting strip, it shall be
permissible to interrupt the strip within 3 metres of the edge of such driveway or
within 1.5 metres of the edge of such walk.
4.26.4 Maintenance: Where a planting strip is required, it shall be planted, nurtured
and maintained by the owner(s) of the lot on which the strip is located.
4.26.5 Landscaped Open Space Supplement: A planting strip referred to in this
subsection may form a part of any landscaped open space required by this By-
law.
4.27
PROHIBITED USES
4.27.1 The following uses are prohibited in any Zone:
The use of any trailer for human habitation, except where such trailer is
located in a permitted camping establishment or in a trailer park.
The use of any motor vehicle, truck, bus or coach body for human habitation.
The use of any accessory building or structure for human habitation, with the
exception of a sleeping cabin.
The storage of disused rail cars, streetcars, truck bodies or trailers without
wheels.
Permanent asphalt plants.
The parking or storage of trailers or commercial motor vehicles on a vacant
lot, except where specifically permitted elsewhere in this By-law.
The outdoor storage of partially dismantled motor vehicles or trailers or motor
vehicle or trailer parts, except where specifically permitted elsewhere in this
By-law.
Obnoxious uses.
The manufacturing, refining, rendering or distillation of acid, ammonia,
chlorine, coal, creosote, explosives, fireworks, glue, petroleum or tar.
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The bulk storage of industrial chemicals, hazardous waste or liquid industrial
waste as defined under the Environmental Protection Act, as amended.
4.28
PUBLIC USES
4.28.1 Public Services: The provisions of this By-law shall not apply to prohibit the use
of any land, or the erection or use of any building or structure, for the purposes of
public service provided by a Public Authority. For the purpose of this Section, a
Public Authority shall include any hydro, natural gas, telephone, telegraph, or
cable television company, which company possesses the necessary powers,
rights, licenses, and franchises.
4.28.2 Location Restrictions: Notwithstanding Section 4.28.1, where a public use is
specifically listed as a permitted use in a zone on Tables 1 and 3, such use shall
only be carried out in that specific zone or zones.
4.28.3 Provisions: Where a use conducted by a Public Authority is not restricted to a
specific Zone, no land, building or structure is to be used for public use in any
residential zone unless the following provisions are complied with:
a) Minimum yard requirement (all yards):
10 metres
b) Maximum Lot coverage (all buildings):
40%
c) Minimum Landscaped Open Space:
30 percent
d) Maximum Height of Buildings:
10 metres
e) 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.
f) No building or structure erected in accordance with the provisions of this
Section shall be used for the purposes of an office or maintenance or works
depot.
4.28.4 Streets and Installations: Nothing in this By-law shall prevent land to be used
as a street or prevent the installation of a watermain, sanitary sewer, storm
sewer, gas main, pipeline, street lighting, overhead or underground hydro,
communication line or high voltage and extra high voltage electrical facilities
owned, operated and maintained by a hydro company, provided the location of
such main or line has been approved by the Township Notwithstanding the
generality of the foregoing, this approval shall not be required for any public use
that has received prior approval pursuant to the provisions of The Environmental
Assessment Act, as amended.
4.29
REDUCTION OF REQUIREMENTS: No person shall change the purpose for which any
lot or building is used or erect any building, structure, or addition to any existing building
or structure, or sever any lands from any existing lot, if the effect of such action is to
cause the original, adjoining, remaining or new building or lot to be in contravention of
this By-law.
4.30
SIGHT TRIANGLES: On a corner lot, no building or structure, fence, wall, vegetative
planting or landscaping that has a height of greater than 0.6 metres shall be permitted;
and no motor vehicle shall be parked in a sight triangle.
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4.31
SIGNS: Nothing in this By-law shall prevent the construction, alteration, or use of any
sign, provided the sign complies with other By-laws of the Township of Minden Hills or
County of Haliburton.
4.32
SPECIAL REGULATIONS - Resort Establishments
The maximum habitation in a resort per family shall not exceed 70 days per year. The
maximum number of timeshare, interval ownership or fractional ownership units shall not
exceed one (1) for every 45 metres of frontage on a watercourse except where a site
specific zoning amendment specifies a different number.
Minimum Distance Between Cabins
or Cottages on Same Lot
4 metres
4.33
SPECIAL REGULATIONS - Camping Establishment or Recreational Institutions
a) Minimum Lot Area Requirement
4 hectares
b) Minimum Lot Frontage Requirement
60 metres
c) Minimum Campsite Area Requirements
200 sq. metres
d) Minimum Campsite Frontage Requirement
(on an internal roadway)
12 metres
e) Minimum Distance Between Campsites
2 metres
f) Maximum Density of Campsites
Maximum density of campsites shall not exceed 15 sites per 4,050 sq.
metres, exclusive of lands used for ingress and egress.
4.34
SPECIAL SETBACK REQUIREMENTS FROM A WATERCOURSE: Notwithstanding
the yard provisions of this By-law to the contrary, where a watercourse runs through a
lot, no building or structure shall be erected within 15 metres of the existing high water
mark of such watercourse.
4.35
SPECIAL SETBACK REQUIREMENT FROM A PRIVATE ROAD OR PRIVATE RGHT-
OF-WAY: No building may be erected or used within 3 m (10 ft.) of a private right-of-way
or private road.
4.36
SPECIAL YARD REQUIREMENTS FOR THROUGH LOTS: Where a lot is a through
lot, the front yard requirements shall apply on each street or waterbody, as the case may
be excepting that, within the Shoreline Residential (SR) zone, the required front yard
setback from such street, on a through lot shall be 15 metres.
4.37
TRAILER OR MOBILE HOME PARKS: The establishment of a trailer park or mobile
home park is prohibited in any Zone, save and except where such parks are specifically
permitted by this By-law The use of any trailer or recreational vehicle for human
habitation is prohibited except where such trailer or recreational vehicle is located in a
camping establishment or in a trailer park.
4.38
TRUCK, BUS, COACH BODIES AND DERELICT VEHICLES: No truck, bus, coach,
trailer or streetcar body, or structure of any kind, other than a dwelling unit erected and
used in accordance with this By-law, The Building Code and Regulations passed there
07-043
Township of Minden Hills
Zoning By-law 06-10
Consolidated July 27, 2017
Page 42
Planscape
under 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 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
contractors 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.
4.39
ZONING OF ISLANDS AND LANDS COVERED BY WATER
4.39.1 All lands covered by water are zoned Open Space (OS). A dock is the only
permitted use and only where it is accessory to a permitted use on the adjoining
lot above the high water mark and provided it complies with the applicable zone
requirements for the adjoining lot.
4.39.2 Where an island is not labelled with a Zone Symbol on the Schedules to this By-
law, such island is deemed to be zoned Open Space (OS).
07-043
Township of Minden Hills
Zoning By-law 06-10
Consolidated July 27, 2017
Page 43
Planscape
Section 5 ZONE PROVISIONS
5.1
CLASSIFICATION
The provisions of this By-law apply to all lands within the limits of the Township, which
lands, for the purpose of this By-law are divided into various Zones as named and
described below. For the purposes of this By-law, reference may be made to individual
zones, categories of zones or sub categories of zones as set out below:
Zone
Zone Symbol
RESIDENTIAL ZONES
RESIDENTIAL TYPE ONE
R1
RESIDENTIAL TYPE TWO
R2
HAMLET RESIDENTIAL
HR
RURAL RESIDENTIAL
RR
SHORELINE RESIDENTIAL
SR
NON-RESIDENTIAL ZONES
Rural Zones
RURAL
RU
Commercial Zones
HIGHWAY COMMERCIAL
C1
GENERAL COMMERCIAL
C2
RECREATIONAL COMMERCIAL
C3
VILLAGE COMMERCIAL
C4
Institutional Zones
COMMUNITY FACILITY
CF
Industrial Zones
GENERAL INDUSTRIAL
M1
EXTRACTIVE INDUSTRIAL
M2
WASTE DISPOSAL INDUSTRIAL
M3
Environmental & Hazard Zones
HAZARD LAND
HZ
OPEN SPACE
OS
FLOODWAY
FW
Overlay Zones
FLOOD PROOFING
FP
FLOOD RISK
FR
5.2
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 (Tables 1 and 3 - Permitted
Uses) and the provisions (Tables 2 and 4 - Lot Regulations) of this By-law.
Township of Minden Hills
Zoning By-law 06-10
Consolidated July 27, 2017
Page 44
PLANSCAPE
Zone
Residential
Type One
(R1)
Residential
Type 2
(R2)
Hamlet
Residential
(HR)
Rural
Residential
(RR)
Shoreline
Residential
(SR)
Dwelling, Single Detached
X
X
X
X
X
Dwelling, Converted
X
X
Dwelling, Duplex
X
Dwelling, Multiple
X
Dwelling, Semi Detached
X
Public Use
X
X
X
X
X
Bed & Breakfast Establishment
X
X
X
X
X
Group Home, Open Custody
X
X
X
X
Home Industry
X
Home Occupation
X
X
X
X
X
Private Home Daycare
X
X
X
X
X
Notes: X Denotes a permitted use.
Accessory Uses
Township of Minden Hills Zoning By-law No. 06-10
Table 1 - Residential Zones - Permitted Uses
Principal Uses
Section 5.2
Jim McMahon , Cheryl McCarroll ,
Reeve Clerk
Table 1 to By-law 06-10
passed this 23rd day of
February, 2006
ORIGINAL SIGNED BY:
Township of Minden Hills
Zoning By-law 06-10
Consolidated July 27, 2017
Page 45
Planscape
ZONES
Residential Type One
(R1)
Residential Type Two
(R2)
Hamlet
Residential
(HR)
Rural
Residential
(RR)
Shoreline
Residential
(SR)
Lot Area (min m2) (per unit)
700 on full sewer and water
services
3000 if not served with a
sanitary sewer system
500 per unit for single detached,
duplex and semi detached, or
230 per unit for multiple dwelling
3000
4000
4000
Lot Frontage (min m)
18
18 for single detached
10.5 for semi detached & duplex
7/unit for multiple dwelling
30
60
60
Front Yard (min m)
7.5
7.5
10
15
23(1)
Interior Side Yard (min m)
1.2
1.2 or
3 for multiple dwellings
3
10
4.5
Exterior Side Yard (min m)
4.5
4.5
10
15
6
Rear Yard (min m)
7.5
7.5
10
15
12
Setback from High Water Mark (min m)
(a) = Lot created prior to February 22, 2005
(b) = Lot created after February 22, 2005
23
30
23
30
23
30
23
30
23
30
Dwelling Unit Area - (min m2)
55
55
55
55
55
Building height (principal building) (max m)
11
11
11
11
11
Lot coverage (max%)
30
35
25
15
15
Landscaped Open Space (min %)
20
20
30
30
30
TOWNSHIP OF MINDEN HILLS ZONING BY-LAW NO. 06-10
Section 5.2
Table 2 - Lot Regulations - Residential Zones
Table 2 to By-law 6-10
(1) amended by By-law 07-043
Consolidated March 31, 2008
Legend: m = metres
ha = hectares
m2 = square metres
min = minimum
max = maximum
NOTE: (1) except where a lot zoned Shoreline Residential does not front on a watercourse or a shore road
allowance, in which case the minimum front yard shall be 15 metres.
Township of Minden Hills
Zoning By-law 06-10
Consolidated July 27, 2017
Page 46
Planscape
Zone
Rural
(RU)
Hazard
(HZ)
Open
Space
(OS)
Community
Facilities
(CF)
Highway
Commercial
(C1)
General
Commercial
(C2)
Recreational
Commercial
(C3)
Village
Commercial
(C4)
General
Industrial
(M1)
Extractive
Industrial
(M2)
Waste Disposal
Industrial
(M3)
Principal Uses
Aggregate
stockpiling/storage
X
Arena
X
X
X
X
Asphalt Plant,
Portable
X
X
X
X
X
Bank
X
X
Bed & Breakfast
X
X
X
X
X
X
Boarding House
X
Building supply outlet
X
X
X
X
Bulk storage tank
X
X
X
Business,
professional or
administrative office
X
X
X
Camping
establishment
X(1)
Cemetery
X
X
X
X
Commercial Self
Storage
X
X
Community centre
X
X
X
X
X
Conservation
X
X
X
X
X
X
X
X
X
X
X
Contractor's
establishment
X
* Please refer to Notes for number references
Township of Minden Hills Zoning By-law No. 06-10
Table 3 - Non - Residential Zones - Permitted Uses
Section 5.2
Township of Minden Hills
Zoning By-law 06-10
Consolidated July 27, 2017
Page 47
Planscape
Zone
Rural
(RU)
Hazard
(HZ)
Open
Space
(OS)
Community
Facilities
(CF)
Highway
Commercial
(C1)
General
Commercial
(C2)
Recreational
Commercial
(C3)
Village
Commercial
(C4)
General
Industrial
(M1)
Extractive
Industrial
(M2)
Waste Disposal
Industrial
(M3)
Principal Uses
Day care centre
X
X
X
X
X
Dry cleaning
establishment
X
X
Dwelling, single
detached
X
Equestrian facility
X
X
X
Equipment sales &
rental, heavy
X
Equipment sales &
rental, light
X
X
X
Farm
X
X(2)
X
Farm Produce Outlet
X
X
X
X
Funeral Home
X
X
X
Garden Centre &
nursery
X
X
X
X
X
Golf course
X
X
X
Golf driving range
X
X
X
X
Greenhouse,
commercial
X
X
X
X
Township of Minden Hills Zoning By-law No. 06-10
Section 5.2
Table 3 - Non - Residential Zones - Permitted Uses
* Please refer to Notes for number references
Township of Minden Hills
Zoning By-law 06-10
Consolidated July 27, 2017
Page 48
Planscape
Zone
Rural
(RU)
Hazard
(HZ)
Open
Space
(OS)
Community
Facilities
(CF)
Highway
Commercial
(C1)
General
Commercial
(C2)
Recreational
Commercial
(C3)
Village
Commercial
(C4)
General
Industrial
(M1)
Extractive
Industrial
(M2)
Waste Disposal
Industrial
(M3)
Principal Uses
Group Home, Open
X
Health Care Centre
X
X
Hotel
X
X
X
X
Hunt camp (on crown
lands)
X
Industrial use
X
Kennel, commercial
X(3)
Laundromat, coin
operated
X
X
X
X
Marina
X
X
X(1)
X
Marine sales &
service
X
X
X
X
X
Medical or dental
clinic
X
X
X
X
Motor vehicle
dealership
X
X
X
Motor vehicle service
station
X
X
X
X
Motor vehicle wash,
automatic
X
X
Table 3 - Non - Residential Zones - Permitted Uses
* Please refer to Notes for number references
Township of Minden Hills Zoning By-law No. 06-10
Section 5.2
Township of Minden Hills
Zoning By-law 06-10
Consolidated July 27, 2017
Page 49
Planscape
Zone
Rural
(RU)
Hazard
(HZ)
Open
Space
(OS)
Community
Facilities
(CF)
Highway
Commercial
(C1)
General
Commercial
(C2)
Recreational
Commercial
(C3)
Village
Commercial
(C4)
General
Industrial
(M1)
Extractive
Industrial
(M2)
Waste Disposal
Industrial
(M3)
Principal Uses
Municipal Works
depot
X
Park
X
X
X
X
X
X
X
X
X
X
X
Pit
X
Place of Assembly
X
X
X
X
Place of Worship
X
X
X
X
Portable processing
plant
X
Printing or publishing
establishment
X
X
X
Public use
X
X
X
X
X
X
X
X
X
X
X
Quarry
X
Recreational
Institution
X
X
X
RV sales & service
X
X
X
X
Resort
X
Restaurant
X
X
X
X
Section 5.2
Township of Minden Hills Zoning By-law No. 06-10
Table 3 - Non - Residential Zones - Permitted Uses
* Please refer to Notes for number references
Township of Minden Hills
Zoning By-law 06-10
Consolidated July 27, 2017
Page 50
Planscape
Zone
Rural
(RU)
Hazard
(HZ)
Open
Space
(OS)
Community
Facilities
(CF)
Highway
Commercial
(C1)
General
Commercial
(C2)
Recreational
Commercial
(C3)
Village
Commercial
(C4)
General
Industrial
(M1)
Extractive
Industrial
(M2)
Waste Disposal
Industrial
(M3)
Principal Uses
Restaurant, Drive-
through
X
Retail store
X
X
X
Retirement home
X
X
X
Salvage yard
X(1)
Saw and/or planing
mill
X
School, commercial
X
X
X
School, public or
private
X
X
X
Service shop, light
X
X
X
Service shop,
personal
X
X
X
Tourist establishment
X
X
X
X
Transport Depot
X
Veterinary clinic
X
X
X
X
Warehouse
X
Waste disposal area
X
Waste Recycling
Facility
X
Wayside pit or quarry
X
X
X
X
X
X
X
Wholesale estab.
X
X
Township of Minden Hills Zoning By-law No. 06-10
Section 5.2
Table 3 - Non - Residential Zones - Permitted Uses
* Please refer to Notes for number references
Township of Minden Hills
Zoning By-law 06-10
Consolidated July 27, 2017
Page 51
Planscape
Zone
Rural
(RU)
Hazard
(HZ)
Open
Space
(OS)
Community
Facilities
(CF)
Highway
Commercial
(C1)
General
Commercial
(C2)
Recreational
Commercial
(C3)
Village
Commercial
(C4)
General
Industrial
(M1)
Extractive
Industrial
(M2)
Waste Disposal
Industrial
(M3)
Accessory Uses
Bed & Breakfast
Establishment
X
X
X
Dwelling Unit,
accessory
X
X
X
X
X(4)
Home Industry
X
Home Occupation
X
X
Outside Display
X
X
X
Private Home Day
Care
X
Retail store
X(5)
X(5)
Township of Minden Hills Zoning By-law No. 06-10
Section 5.2
Table 3 - Non - Residential Zones - Permitted Uses
* Please refer to Notes for number references
Consolidate March 31, 2008
NOTE: 07-043 - Addition of Dwelling Unit,accessory in C1 Zone as permitted use
Notes: X Denotes a permitted use
(1) Existing establishments only
(2) No buildings or structures are permitted in the HZ Zone
(3) Provided such use is located on a lot having a minimum lot area of 4 ha
(4) Provided the dwelling unit is a detached dwelling
(5) Provided the retail store is accessory to the principal permitted use, and occupies an area of not more than 50 square metres
Table 3 to By-law 06-10
amended by 07-043
Township of Minden Hills
Zoning By-law 06-10
Consolidated July 27, 2017
Page 52
Planscape
ZONES
Hazard
Land
(HZ)
Open
Space
(OS)
Rural
(RU)
Community
Facility
(CF)
Highway
Commercial
(C1)
General
Commercial
(C2)
Recreational
Commercial
(C3)
Village
Commercial
(C4)
General
Industrial
(M1)
Extractive
Industrial
(M2)
Waste
Disposal
Industrial
(M3)
Lot Area (min m2)
(5)
4 ha
2 ha
1500
1500(6)
3000
1 ha (7)
n/a
4000
8000
(5)
Lot Frontage (min m)
(5)
60 (1)
100
30
30
30
60(1)(7)
10 (9)
30
60
(5)
Front Yard (min m)
15
15
15(11)
15
10
10
12
0 (8)
20
30(10)
100
Interior Side Yard (min m)
15
3
15(11)
8
10(3)
6 (2)
6 (2)
0 (4)(9)
8 (3)
30(10)
100
Exterior Side Yard (min m)
15
15
15(11)
15
10
10
12
0 (8)(9)
20
30(10)
100
Rear Yard (min m)
15
15
15(11)
15
10
12
12
7.5
20
30(10)
100
Setback from High Water mark
30
30
30
30
30
30
30
7.5
30
100
100
Building height (principal
building) (max m)
8
8
11
11
11
11
11
11
11
11
11
Lot coverage (max%)
10
10
20
30
25
30
30
80
30
10
5
Landscaped Open Space
(min %)
30
30
5
30
20
10
30
0
5
10
10
Notes:
(1) = increase to 100 m if for a camping establishment
(2) = increase to 10 m if abutting a residential zone
(3) = increase to 20 m if abutting a residential zone
(4) = increase to 3 m w here abuts a residential zone
(5) = as existed at the date of passage
(6) = increase to 3000 sq. metres if not connected to sanitary sew age system
(7) = or as noted in Section 5.4
(8) = any lot abutting Hw y 35 shall have a minimum Front or Exterior Side Yard of 10 metres
(9) = except for lots fronting on Bobcaygeon Road north of the Gull River, and betw een Highw ay 35 and Peck Street, in w hich
case the minimum lot frontage shall be 15 metres and the minimum interior and exterior side yards shall be 1 metre.
(10) = Any stockpiling of materials shall be located a minimum of 90 metres from any residential zone.
(11) = increase to 50 metres for a commercial kennel
Legend:
m = metres
ha = hectares
m2 = square metres
min = minimum
max = maximum
TOWNSHIP OF MINDEN HILLS ZONING BY-LAW NO. 05-
Section 5.2
Table 4 - Lot Regulations - Non - Residential Zones
Township of Minden Hills
Zoning By-law 06-10
Consolidated July 27, 2017
Page 53
PLANSCAPE
5.3
ZONE PROVISIONS APPLICABLE TO SPECIFIC USES OR OVERLAY
5.3.1 List of Temporary Use Zones
Table 5: Temporary Use Zones
By-law
Property
Roll
Number
Land Use
Zone
Temporary
Use
Permitted
Date
Enacted
Date
Expires
5.3.2 (Section removed)
5.3.3 Flood Risk (FR) Zone Overlay (Schedule 25)
5.3.3.1 Permitted Uses: On Schedule 25, where a FR (Flood Risk) symbol is
shown in association with another zone, no person shall within a Flood
Risk (FR) Zone use any land or erect, alter or use any building or
structure except for a purpose permitted in accordance with the
following:
a) Flood Proofing Requirements
Where a building or structure is permitted, no person shall erect any
new building or structure or enlarge, extend, reconstruct or renovate a
permitted building or structure except in accordance with the following
provisions, namely:
i.
that the building or structure, inclusive of the enlargement,
extension, reconstruction or renovation of an existing permitted
building or structure, be designed to withstand the hydrostatic and
hydraulic forces resulting from flooding;
ii. that the composition and strength of all structural materials used in
the erection of a new building or structure of the extension,
enlargement, reconstruction or renovation of an existing building or
structure not be susceptible to deterioration as a result of flooding;
iii. that the minimum elevation of all doors, windows or other exterior
openings not be less than the minimum elevation for flood proofing
as specified in brackets following the Flood Risk Zone symbol,
which elevations are in metres based upon the Geodetic Survey of
Canada and the Flood Risk Mapping for the Gull River; and,
iv. that all measures for flood proofing shall be completed in
accordance with the standards and regulations established in the
Building By-law of the Township, the Ontario Building Code Act,
and, the requirements of the Ministry of Natural Resources.
b) Exceptions
17-68
Township of Minden Hills
Zoning By-law 06-10
Consolidated July 27, 2017
Page 54
Planscape
The provisions set forth in Section (a), above, shall not apply to any
accessory building or structure except where such accessory building or
structure is designed or intended for human habitation.
c) Other Zone Provisions
In all other respects the provisions of the applicable zone classification
shall apply.
5.3.4 Floodway (FW) Zone - Schedules 21, 22 and 25
5.3.4.1 Permitted Uses
Uses permitted in the Floodway Zone are as follows:
a) Existing uses buildings and structures.
b) Open Space, conservation, agriculture, recreation and forestry uses.
5.3.4.2 Regulations:
a) No building or structures shall be erected nor any fill be removed or
placed in any Floodway Zone except as follows:
i.
Buildings or structures to be used for purposes of flood or
erosion control or the generation of electricity by a public
authority, may be constructed.
ii.
The extension, enlargement or repair of existing buildings or
structures may be permitted with the requirement of flood
proofing measures as noted in Section 5.3.5, and provided
that such extension or enlargement is not greater in size
than 50% of the existing structure as determined by the
ground floor areas.
5.3.5 Flood Proofing (FP) Zone (Minden Urban Area)
5.3.5.1 Regulations
a) The Flood Proofing Zone (FP) is an overlay zone, which places
restrictions on the location of building openings The FP Zone
regulations apply in addition to the requirements of the use zones
No person shall erect any building in any FP Zone with building
openings below the level noted on the Flood Damage Reduction
Program (F.D.R.P.) schedules on file at the Township offices This
level is expressed in metres above sea level based on Canadian
Geodetic Datum.
b) Exceptions
Township of Minden Hills
Zoning By-law 06-10
Consolidated July 27, 2017
Page 55
Planscape
The provisions set forth in Section (a), above, shall not apply to any
accessory building or structure except where such accessory
building or structure is designed or intended for human habitation.
c) Other Zone Provisions
In all other respects the provisions of the applicable zone
classification shall apply.
Township of Minden Hills
Zoning By-law 06-10
Consolidated July 27, 2017
Page 56
Planscape
5.4
EXCEPTIONS TO ZONES
5.4.1. HAZARD LAND ZONE (HZ)
5.4.1.1 Hazard Land Exception One (HZ-1) Zone
Part of Lot 6, Concession A, Minden, Schedule 21
On the lands zoned Hazard Land Exception One (HZ-1), no greens or
tees shall be located within 15 metres of either side of the creek All
other applicable provisions of the Hazard Land (HZ) Zone shall continue
to apply.
5.4.2 OPEN SPACE ZONE (OS)
5.4.2.1 Open Space Exception One (OS-1) Zone:
Part of Lot 12, Concession 10, Minden, Schedule 7
On the lands zoned Open Space Exception One (OS-1), parking use for
an adjacent commercial property shall be the only permitted use All
other applicable provisions of the Open Space (OS) Zone shall continue
to apply.
5.4.2.2 Open Space Exception Two (OS-2) Zone:
Part of Lots 11, 12 and 13, Concession 13, Snowdon, Schedule 15
On the lands zoned Open Space Exception Two (OS-2), the permitted
uses shall be limited to the following:
a)
Residential Uses:
prohibited
b)
Non-residential Uses:
a public park
an interpretive centre
a kiosk
a picnic shelter
All other applicable provisions of the Open Space (OS) Zone shall
continue to apply to these lands.
5.4.2.3 Open Space Exception Three (OS-3) Zone
Part of Lots 13 and 14, Concession 11, Lutterworth,
Schedule 14
On the lands zoned Open Space Exception Three (OS-3) Zone, the
uses permitted shall be restricted to that of private open space including
boat launching facilities and such other accessory non-residential uses
as are normally considered incidental and subordinate thereto All other
applicable provisions of the Open Space (OS) Zone shall continue to
apply.
Township of Minden Hills
Zoning By-law 06-10
Consolidated July 27, 2017
Page 57
Planscape
5.4.2.4 Open Space Exception Four (OS-4) Zone
Part of Lot 6, Concession A, Lutterworth, Schedule 18
On the lands zoned Open Space Exception Four (OS-4), the permitted
uses shall include a shooting range All other applicable provisions of the
Open Space (OS) Zone shall continue to apply.
5.4.2.5 Open Space Exception Five (OS-5) Zone
Part of Lot 23, Concession 3, Minden, Schedule 12
On the lands zoned Open Space Exception Five (OS-5), no buildings or
structures are permitted All other applicable provisions of the Open
Space (OS) Zone shall continue to apply [By-law 05-63]
5.4.2.6 Open Space Exception Six (OS-6) Zone
Part of Lots 21 and 22, Concession 2, Minden, Schedule 12
The lands zoned Open Space Exception Six (OS-6), shall be
maintained in a natural state of vegetation and all residential uses shall
be prohibited.
5.4.3. RURAL ZONE (RU)
5.4.3.1 Rural Exception One (RU-1) Zone
Part of Lot 2, Concession A, Hindon, Schedule 4
On the lands zoned Rural Exception One (RU-1), in addition to the uses
permitted in the RU Zone, an automobile service station and restaurant
are permitted uses All other applicable provisions of the Rural (RU)
Zone shall continue to apply.
5.4.3.2 Rural Exception Two (RU-2) Zone
Part of Lot 14, Concession 4, Lutterworth, Schedule 18
On the lands zoned Rural Exception Two (RU-2), the residential uses
permitted shall be restricted to one single detached mobile home
dwelling unit, provided the minimum dwelling unit area is not less than
65 square metres, together with such other accessory uses, buildings
and structures as are normally considered incidental and subordinate
thereto All other applicable provisions of the Rural (RU) Zone shall
continue to apply.
5.4.3.3 Rural Exception Three (RU-3) Zone
Part of Lot 5, Concessions 7 and 8, Minden, Schedule 7
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Zoning By-law 06-10
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On the lands zoned Rural Exception Three (RU-3) Zone, the minimum
lot frontage shall be 17 metres; the use of the existing accessory
buildings will be allowed to continue for storage purposes only but no
part of any existing accessory structures shall be used for habitation
purposes, nor will sanitary or kitchen facilities be permitted as part of
these existing accessory buildings All other applicable provisions of the
Rural (RU) Zone shall continue to apply.
5.4.3.4 Rural Exception Four (RU-4) Zone
Part of Lot 32, Concession A, Lutterworth, Schedule 14
On the lands zoned Rural Exception Four (RU-4) Zone, the minimum lot
area requirement shall be 7.5 hectares and the minimum lot frontage
requirement shall be 410 metres All other applicable provisions of the
Rural (RU) Zone shall continue to apply.
5.4.3.5 Rural Exception Five (RU-5) Zone
Part of Lots 3 & 4, Concession 12, Lutterworth, Schedule 14
On the lands zoned Rural Exception Five (RU-5) Zone, the following
provisions apply:
Permitted Use:
i.
a mobile home dwelling house or a modular manufactured
dwelling house within a mobile home park;
ii.
a home occupation use;
iii.
a public use or municipal utility
Regulations for Residential Uses:
a)
Minimum Lot Area Requirement
Lot serviced by piped water supply system
and private waste disposal system
900 sq. metres
b)
Minimum Lot Frontage Requirement
Lot serviced by piped water supply system
and private waste disposal system
30 metres
c)
Minimum Yard Requirements
i.
Front Yard
8 metres
ii.
Exterior Side Yard
8 metres
iii.
Interior Side Yard
1.5 metres
iv.
Rear Yard
8 metres
d)
Minimum Dwelling Unit Area Requirement
65 sq. metres
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Zoning By-law 06-10
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e)
Maximum Lot Coverage of All Buildings
30 per cent
f)
Minimum Landscaped Open Space Requirement
30 per cent
g)
Maximum Number of Dwelling Houses Per Lot
one
h)
Maximum Height of Buildings
10 metres
For the purpose of this Section, a mobile home park means a parcel of
land, which is not the subject of a Registered Plan of Subdivision
defining individual lots legally capable of conveying title, which is
developed and managed as a unit where individual lots are made
available on a rental basis for the placing of a mobile home where the
ownership and responsibility for the maintenance of private internal
roads, services, communal areas and buildings, including snow
ploughing and removal, garbage collection, together with general park
management, etc., rests with management.
All other applicable provisions of the Rural (RU) Zone shall continue to
apply.
5.4.3.6 Rural Exception Six (RU-6) Zone
Part of Lot 28, Concession 3, Lutterworth, Schedule 17
On the lands zoned Rural Exception Six (RU-6) Zone, the following
provisions shall apply:
a.
Residential Uses Permitted
-
a permanent single detached dwelling
-
a mobile home dwelling
-
a home occupation use
b.
Regulatory Provisions
i.
Minimum Yard Requirement - Mobile Home Dwelling
-
Front Yard - 80 metres
-
Rear Yard - 68 metres
-
Side Yard - Minimum required interior side yards shall
be 100 metres and 30 metres from the more northerly
and southerly boundaries, respectively, of the Rural
Exception Six (RU-6) Zone.
ii.
Minimum Dwelling Unit Area Requirement -
Mobile Home Dwelling - 66 square metres
iii.
Maximum Number of Dwelling Units Per Lot - two
All other applicable provisions of the Rural (RU) Zone shall continue to
apply.
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Zoning By-law 06-10
Consolidated July 27, 2017
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5.4.3.7 Rural Exception Seven (RU-7) Zone
Part of Lot 10, Concession 9, Minden, Schedule 7
On the lands zoned Rural Exception Seven (RU-7), the winterizing of
boats will be a permitted use All other applicable provisions of the Rural
(RU) Zone shall continue to apply.
5.4.3.8 Rural Exception Eight (RU-8) Zone
Part of Lot 7, Concession 14, Lutterworth, Schedule 25
On the lands zoned Rural Exception Eight (RU-8), the uses permitted
shall include two single detached dwelling houses together with such
accessory uses, buildings or structures as are normally considered
incidental and subordinate thereto, inclusive of a private cabin where
such private cabin complies with the yard and setback provisions of the
Rural (RU) Zone and does not have a ground floor area in excess of 30
square metres, does not exceed a height of 5 metres, and does not
include facilities for the cooking or preparation of food All other
applicable provisions of the Rural (RU) Zone shall continue to apply.
5.4.3.9 Rural Exception Nine (RU-9) Zone
Part of Lot 8, Concession 10, Lutterworth, Schedule 14
On the lands zoned Rural Exception Nine (RU-9), the following
provisions apply:
a.
Residential Uses Permitted
i.
a seasonal dwelling
ii.
uses, buildings or structures accessory to a seasonal
dwelling
b.
Regulatory Provisions
i.
Minimum Lot Area Requirement - 6 hectares
ii.
Minimum lot frontage requirement - 100 metres
iii.
Minimum dwelling unit area requirement - 56 square
metres
All other applicable provisions of the Rural (RU) Zone shall continue to
apply.
5.4.3.10 Rural Exception Ten (RU-10) Zone
Part of Lot 18, Concession 1, Minden, Schedule 12
On the lands zoned Rural Exception Ten (RU-10), a welding shop is a
permitted use All other applicable provisions of the Rural (RU) Zone
shall continue to apply.
Township of Minden Hills
Zoning By-law 06-10
Consolidated July 27, 2017
Page 61
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5.4.3.11 Rural Exception Eleven (RU-11) Zone
Part of Lot 10, Concession 3, Lutterworth, Schedule 18
On the lands zoned Rural Exception Eleven (RU-11), the permitted
uses shall be limited to the following:
cemetery
conservation
farm
farm produce outlet
park
public use,
provided that in no case is a dwelling permitted on the lands.
All other applicable provisions of the Rural (RU) Zone shall continue to
apply.
5.4.3.12 Rural Exception Twelve (RU-12) Zone
Part of Lot 20, Concession 7, Lutterworth, Schedule 17
On the lands zoned Rural Exception Twelve (RU-12), a dwelling unit is
not permitted to be constructed within 300 metres of the normal high
water mark of Gull Lake All other applicable provisions of the Rural (RU)
Zone shall continue to apply.
5.4.3.13 Rural Exception Thirteen (RU-13) Zone
Part of Lot 29, Concession 7, Minden, Schedule 8
On the lands zoned Rural Exception Thirteen (RU-13), a dwelling unit is
not permitted to be constructed within 300 metres of the normal high
water mark of Soyers Lake All other applicable provisions of the Rural
(RU) Zone shall continue to apply.
5.4.3.14 Rural Exception Fourteen (RU-14) Zone
Part of Lots 3 and 4, Concession 5, Minden, Schedule 11
On the lands zoned Rural Exception Fourteen (RU-14), a dwelling unit
and related structures are not a permitted use within 300 metres (1,000
ft.) of the normal high water mark of Mountain Lake All other applicable
provisions of the Rural (RU) Zone shall continue to apply.
5.4.3.15 Rural Exception Fifteen (RU-15) Zone
Part of Lots 16 and 17, Concession 14, Snowdon, Schedule 16
On the lands zoned Rural Exception Fifteen (RU-15), a dwelling unit
and related structures are not a permitted use within 300 metres of the
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07-59
07-84
07-85
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normal high water mark of Canning Lake All other applicable provisions
of the Rural (RU) Zone shall continue to apply.
5.4.3.16 Rural Exception Sixteen (RU-16) Zone
Part of Lots 21 and 22, Concession 2, Minden, Schedule 12
On the lands zoned Rural Exception Sixteen (RU-16), the lot frontage
shall be 38.5 metres The permitted uses shall be as follows:
Conservation; Dwelling, single detached; Dwelling, converted; and
Public Use.
The following Accessory Uses are also permitted:
Bed and Breakfast Establishment, Home Industry, Home Occupation,
and Private Home Day Care.
The setback for all structures shall be 150 metres from Lake
Kashagawigamog as shown on the attached Schedule "A".
All other applicable provisions of the Rural (RU) Zone shall continue to
apply.
5.4.3.17 Rural Exception Seventeen (RU-17) Zone
Part of Lots 21 and 22, Concession 2, Minden, Schedule 12
On the lands zoned Rural Exception Seventeen (RU-17), the permitted
uses shall be as follows:
Conservation; Dwelling, single detached; Dwelling, converted; and
Public Use.
The following Accessory Uses are also permitted:
Bed and Breakfast Establishment, Home Industry, Home Occupation,
and Private Home Day Care.
The setback for all structures shall be 150 metres from Lake
Kashagawigamog as shown on the attached Schedule "A".
All other applicable provisions of the Rural (RU) Zone shall continue to
apply.
5.4.4 RESIDENTIALTYPE 1 (R1) ZONE
5.4.4.1 Residential Type One Exception One (R1-1)
Part of Lot 3, Concession A, Anson, Schedule 23
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08-21
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Consolidated July 27, 2017
Page 63
Planscape
On the lands zoned Residential Type One Exception One (R1-1) Zone,
in addition to the permitted uses in the Residential Type One (R1) Zone,
a community centre is permitted For the purposes of this section, a
community centre shall mean premises used for social, recreational
and/or athletic purposes by members of the surrounding community.
All other applicable provisions of the Residential Type One (R1) Zone
shall continue to apply.
5.4.5 RESIDENTIAL TYPE 2 (R2) ZONE
5.4.5.1 Residential Type Two Exception One (R2-1) Zone
Part of Lot 5, Concession A, Minden, Schedule 21
On the lands zoned Residential Type Two Exception One (R2-1), a
senior citizens apartment complex is a permitted use All other
applicable provisions of the Residential Type 2 (R2) Zone shall continue
to apply.
5.4.5.2 Residential Type Two Exception Two (R2-2) Zone
Part of Lot 5, Concession A, Minden, Schedule 21
On the lands zoned Residential Type Two Exception Two (R2-2) Zone,
the buildings and structures existing on May 14, 1998, are deemed to
conform to the minimum front yard, minimum side yard, minimum rear
yard and minimum frontage and maximum height requirements of this
By-law; and further, no extension or enlargement of any existing
building or structure is permitted All other applicable provisions of the
Residential Type Two (R2) Zone shall continue to apply.
5.4.5.3 Residential Type Two Exception Three (R2-3) Zone
Part of Lot 4, Concession A, Minden, Schedule 21
On the lands zoned Residential Type Two Exception Three (R2-3)
Zone, the use of a bed and breakfast establishment having twelve (12)
rooms and an illuminated advertising sign of 0.46 square metres (5
square feet) will be permitted All other applicable provisions of the
Residential Type Two (R2) Zone shall continue to apply.
5.4.5.4 Residential Type Two Exception Four (R2-4) Zone
Part of Lot 3, Concession A, Anson, Schedule 23
[deleted by By-law 07-043]
5.4.5.5 Residential Type Two Exception Five (R2-5) Zone
Part of Lot 3, Concession A, Anson, Schedule 23
[deleted by By-law 07-043]
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Zoning By-law 06-10
Consolidated July 27, 2017
Page 64
Planscape
5.4.5.6 Residential Type Two Exception Six (R2-6) Zone
Part of Lot 3, Concession A, Anson, Schedule 23
[deleted by By-law 07-043]
5.4.5.7 Residential Type Two Exception Seven (R2-7) Zone
Part of Lot 3, Concession A, Anson, Schedule 23
[deleted by By-law 07-043]
5.4.5.8 Residential Type Two Exception Eight (R2-8) Zone
Part of Lot 3, Concession A, Anson, Schedule 23
On the lands zoned Residential Type Two Exception Eight (R2-8) Zone,
the following provisions apply:
A multiple dwelling is not permitted;
A minimum lot area of 350 square metres shall be required for each
dwelling unit.
All other applicable provisions of the Residential Type Two (R2) Zone
shall continue to apply.
5.4.5.9 Residential Type Two Exception Nine (R2-9) Zone
Part of Lot 3, Concession A, Anson, Schedule 23
On the lands zoned Residential Type Two Exception Nine (R2-9) Zone,
the following provisions apply:
A multiple dwelling is not permitted;
A minimum lot area of 400 sq. metres per unit shall be required.
All other applicable provisions of the Residential Type Two (R2) Zone
shall continue to apply.
5.4.6 HAMLET RESIDENTIAL ZONE (HR)
(No exceptions to date)
5.4.7 RURAL RESIDENTIAL ZONE (RR)
5.4.7.1 Rural Residential Exception One (RR-1) Zone
Part of Lot 32, Concession A, Lutterworth, Schedule 14
On the lands zoned Rural Residential Exception One (RR-1) Zone, the
minimum lot area requirement shall be 3.4 hectares and the minimum
lot frontage requirement shall be 120 metres All other applicable
provisions of the Rural Residential (RR) Zone shall continue to apply.
Township of Minden Hills
Zoning By-law 06-10
Consolidated July 27, 2017
Page 65
Planscape
5.4.7.2 Rural Residential Exception Two (RR-2) Zone
Part of Lot 6, Concession 14, Lutterworth, Schedule 25
On the lands zoned Rural Residential Exception Two (RR-2) Zone, the
minimum lot area requirement shall be 3.6 hectares and the minimum
lot frontage requirement shall be 97 metres All other applicable
provisions of the Rural Residential (RR) Zone and the Flood Risk (FR)
Zone shall continue to apply.
5.4.7.3 Rural Residential Exception Three (RR-3)
Part of Lot 36, Concession A, Lutterworth, Schedule 22
On the lands zoned Rural Residential Exception Three (RR-3) Zone, in
addition to the permitted uses in a Rural Residential (RR) Zone, a sales
office in an unoccupied model home is permitted All other applicable
provisions of the Rural Residential (RR) Zone shall continue to apply. [By-
law 05-64]
5.4.8 SHORELINE RESIDENTIAL ZONE (SR)
5.4.8.1 Shoreline Residential Exception One (SR-1) Zone - Wahlroth
Part of Lot 24, Concession 5, Lutterworth, Schedules 17 and 24
On lands zoned Shoreline Residential Exception One (SR-1), and
further shown on Schedule 24 as Lots 1, 2 and 3, notwithstanding the
provisions of 4.6.2.a and 4.6.2.b, the lot requirements are as follows:
a.
Lot Requirements:
Minimum lot area:
Lot 1
1.14 hectares
Lot 2
0.80 hectares
Lot 3
0.53 hectares
Minimum lot frontage:
Lot 1
165 metres
Lot 2
93 metres
Lot 3
105 metres
b.
Requirements for Buildings and Structures:
Building Locations:
The location of the dwelling unit shall be restricted to the
hatched area identified as Building Envelope for each lot, as
shown on Schedule 24 and the minimum yards shall be as
follows:
Minimum Front Yard (Lake side):
Lot 1
25 metres
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07-043
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Lot 2
25 metres
Lot 3
30 metres from southerly shoreline,
25 metres from westerly shoreline as shown
on Schedule 24.
Minimum Rear Yard:
Lot 1
10 metres
Lot 2
10 metres
Lot 3
10 metres
Minimum Side Yard (North side):
Lot 1
52 metres
Lot 2
20 metres
Lot 3
10 metres
Minimum Side Yard (South side):
Lot 1
33 metres
Lot 2
35 metres
Lot 3
N/A
Building Size:
The maximum individual dwelling unit building size is 500 square
metres and the maximum lot coverage of all buildings on a lot is
10% of the lot area.
Septic System Locations:
The location of tile fields for septic systems shall be restricted to
the cross-hatched areas identified for each lot and labelled
"Sewage Treatment" with the minimum side and rear yards to be
as shown on Schedule 24.
Boathouse and Docking Facilities:
Docking facilities and boathouses shall be restricted as follows:
Lots 1, 2 & 3
All docking facilities shall be firmly attached to the shore above
the high water mark, shall have a maximum deck area of 25
square metres and a maximum width not to exceed 5 metres
and shall be constructed in order to attach to and provide safe
access to floating docks, docks on posts, or cantilevered docks
No docks with crib bases will be permitted.
Docking facilities shall be located as shown on Schedule 24
labelled "docking facilities".
Lot 1
No boathouse is permitted.
No more than one dock is permitted.
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Zoning By-law 06-10
Consolidated July 27, 2017
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Planscape
The maximum dock length permitted will be 6 metres.
Any dock must be designed for removal during winter.
Lot 2
No boathouse is permitted.
No more than one dock is permitted.
The maximum dock length permitted will be 6 metres.
Any dock must be designed for removal during winter.
Lot 3
No boathouse may be constructed unless it is located on
land above the high water mark and complies with all other
provisions of this By-law.
No more than one dock is permitted.
c.
Vegetative Buffer:
No building or structure shall be erected within twenty-five (25)
metres of the high water mark of Moore Lake on Lots 1 and 2 or
3 on the west shoreline or within thirty (30) metres of the high
water mark of Moore Lake on the south shore of Lot 3.
These areas shall be maintained as a Shoreline Buffer.
For the purpose of this By-law, a Shoreline Buffer shall be
defined as:
A natural area retained in its natural pre-development state
with no buildings or structures, except docks, pump-
houses and a boathouse as permitted on Lot 3 and with
minimal clearing permitted for the purposes of providing
limited access to the lake, for safety.
d.
General Provisions
All other applicable provisions of the Shoreline Residential (SR)
Zone shall continue to apply.
5.4.8.2 Shoreline Residential Exception Two (SR-2) Zone
Part of Lot 12, Concession 14, Snowdon - Canning Lake, Schedule 15
On lands zoned Shoreline Residential Exception Two (SR-2), the
minimum front yard setback shall be 8.5 metres and the side yard
setback distance shall be 2.29 metres All other applicable provisions of
the Shoreline Residential (SR) Zone shall continue to apply.
5.4.8.3 Shoreline Residential Exception Three (SR-3) Zone
Part of Lots 3 and 4, Concession A, Snowdon, Schedule 19
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Planscape
On the lands zoned Shoreline Residential Exception Three (SR-3)
Zone, the accessory building located on the property shall be permitted
to remain on the property on the condition that it will not be converted
into a dwelling unit and that no sanitary or kitchen facilities are allowed,
but shall remain as an accessory building without a main dwelling All
other applicable provisions of the Shoreline Residential (SR) Zone shall
continue to apply.
5.4.8.4 Shoreline Residential Exception Four (SR-4) Zone
Part of Lot 12, Concession 14, Snowdon - Canning Lake, Schedule 15
On lands zoned Shoreline Residential Exception Four (SR-4), the
minimum lot area shall be1,950 sq. metres, the minimum lot frontage on
water shall be 32.92 metres, the front yard setback shall be 6.4 metres
and side yard setback for an existing accessory building shall be 3.0
metres All other applicable provisions of the Shoreline Residential (SR)
Zone shall continue to apply.
5.4.8.5 Shoreline Residential Exception Five (SR-5) Zone
Part of Lot 11, Concession 12, Lutterworth, Schedule 14
On the lands zoned Shoreline Residential Exception Five (SR-5) Zone,
the minimum lot area and frontage requirements shall be two hectares
and 145 metres respectively All other applicable provisions of the
Shoreline Residential (SR) Zone shall continue to apply.
5.4.8.6 Shoreline Residential Exception Six (SR-6) Zone
Part of Lot 17, Concession 8, Lutterworth, Schedule 13
On the lands zoned Shoreline Residential Exception Six (SR-6) Zone,
the minimum lot area shall be 1.4 hectares All other applicable
provisions of the Shoreline Residential (SR) Zone shall continue to
apply.
5.4.8.7 Shoreline Residential Exception Seven (SR-7) Zone
Part of Lot 26, Concession 4, Lutterworth, Schedule 17
On the lands zoned Shoreline Residential Exception Seven (SR-7)
Zone, no person shall use any land or erect, alter or use any building or
structure except as specified hereunder, namely:
i.
Minimum Lot Area Requirement - one hectare
ii.
Minimum Lot Frontage Requirement - 150 metres
iii.
Minimum Setback from the High Water Mark
The minimum setback from the existing high water mark of
Moore's lake, having an elevation of 269.95 metres g.s.c., shall be
30 metres
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Planscape
All other applicable provisions of the Shoreline Residential (SR) Zone
shall continue to apply.
5.4.8.8 Shoreline Residential Exception Eight (SR-8) Zone
Part of Lot 6, Concession 7, Minden, Schedule 7
On the lands zoned Shoreline Residential Exception Eight (SR-8), the
continued use of an existing dwelling together with a cottage and
accessory structures shall be permitted All other applicable provisions
of the Shoreline Residential (SR) Zone shall continue to apply.
5.4.8.9 Shoreline Residential Exception Nine (SR-9) Zone
Part of Lot 27, Concession 8, Minden, Schedule 8
On the lands zoned Shoreline Residential Exception Nine (SR-9) Zone,
the minimum front yard shall be 30 metres All other applicable
provisions of the Shoreline Residential (SR) Zone shall continue to
apply.
5.4.8.10 Shoreline Residential Exception Ten (SR-10) Zone
Part of Lot 2, Concession 2, Snowdon-Burnt River, Schedule 19
On the lands zoned Shoreline Residential Exception Ten (SR-10) Zone,
the minimum lot area shall be 0.1 hectare, the minimum lot frontage on
water shall be30.48 metres, and the minimum main floor elevation for all
new or reconstructed habitable buildings and structures shall be 281.48
metres CGD (Canadian Geodetic Datum) All other applicable provisions
of the Shoreline Residential (SR) Zone shall continue to apply.
5.4.8.11 Shoreline Residential Exception Eleven (SR-11) Zone
Part of Lot 12, Concession 14, Snowdon - Canning Lake, Schedule 15
On the lands zoned Shoreline Residential Exception Eleven (SR-11)
Zone, the minimum lot frontage on water shall be 28.96 metres and the
front yard setback shall be3.6 metres All other applicable provisions of
the Shoreline Residential (SR) Zone shall continue to apply.
5.4.8.12 Shoreline Residential Exception Twelve (SR-12) Zone
Part of Lots 19, 20 and 21, Concession 5, Lutterworth, Schedule 17
On the lands zoned Shoreline Residential Exception Twelve (SR-12)
Zone, the following provisions apply:
a)
Frontage and Area Requirements
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Planscape
On Lots 1, 2, 5, 7 and 8 as shown on Schedule 17, the
minimum lot frontage shall be 100 metres and the minimum lot
area shall be 2 hectares.
On Lot 6 as shown on Schedule 17, the minimum lot frontage
shall be 100 metres and the minimum lot area shall be 6
hectares.
On Lots 3 and 4 as shown on Schedule 17, the minimum lot
frontage shall be 100 metres and the minimum lot area shall
be 25 hectares.
On Lots 9 and 10 as shown on Schedule 17, the minimum lot
frontage shall be 200 metres and the minimum lot area shall
be 7 hectares.
b)
Vegetative Buffer:
Lands within 30 metres of the high water mark shall be
maintained as a natural shoreline buffer For the purposes of
this section, a Natural Shoreline Buffer is defined as a natural
area retained in its natural pre-development state with no
buildings or structures, except permitted shoreline structures,
and with minimal clearing permitted for the provisions of
providing limited access to the lake, for safety.
All other applicable provisions of the Shoreline Residential (SR) Zone
shall continue to apply.
5.4.8.13 Shoreline Residential Exception Thirteen (SR-13) Zone
Part of Lot 11, Concession 12, Lutterworth, Schedule 14
On Part 1, Plan 19R-7448 and on Parts 2-6, Plan 19R-7448, the minimum
setback from the high water mark shall be 20 metres for a structure,
including a septic tile field, but excluding permitted accessory shoreline
structures
On Parts 4-7, Plan 19R-5310, the minimum setback from the high water
mark shall be 23 metres for a structure, including a septic tile field, but
excluding permitted accessory shoreline structures
All other applicable provisions of the Shoreline Residential (SR) Zone
shall continue to apply
5.4.8.14 Shoreline Residential Exception Fourteen (SR-14) Zone
Part of Lot 11, Concession 10, Minden, Schedule 7
On the lands zoned Shoreline Residential Exception Fourteen (SR-14)
Zone, the minimum lot area and lot frontage requirements shall be 0.10
hectares and 18.5 metres respectively The minimum westerly interior
side yard shall be 2.3 metres and the minimum front yard shall be 21
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metres All other applicable provisions of the Shoreline Residential (SR)
Zone shall continue to apply.
5.4.8.15 Shoreline Residential Exception Fifteen (SR-15) Zone
Part of Lot 11, Concession 10, Minden, Schedule 7
On the lands zoned Shoreline Residential Exception Fifteen (SR-15)
Zone, the minimum lot area shall be 0.14 hectares respectively The
minimum interior side yard shall be 2.5 metres and the minimum front
yard shall be 10.6 metres All other applicable provisions of the
Shoreline Residential (SR) Zone shall continue to apply.
5.4.8.16 Shoreline Residential Exception Sixteen (SR-16) Zone
Part of Lot 5, Concession 14, Snowdon, Schedule 15
On the lands zoned Shoreline Residential Exception Sixteen (SR-16)
Zone, the minimum lot area and frontage requirements shall be 0.22
hectares and 30.0 metres respectively The minimum front yard for the
main building shall be 19.5 metres The minimum front yard for the
accessory building shall be 9.5 metres All other applicable provisions of
the Shoreline Residential (SR) Zone shall continue to apply.
5.4.8.17 Shoreline Residential Exception Seventeen (SR-17) Zone
Part of Lot 5, Concession 14, Snowdon, Schedule 15
On the lands zoned Shoreline Residential Exception Seventeen (SR-17)
Zone, the minimum lot area and frontage requirements shall be 0.23
hectares and 30.0 metres respectively The minimum front yard for the
main building shall be 23.0 metres All other applicable provisions of the
Shoreline Residential (SR) Zone shall continue to apply.
5.4.8.18 Shoreline Residential Exception Eighteen (SR-18) Zone
Part of Lot 12, Concession 13, Minden, Schedule 7
On the lands zoned Shoreline Residential Exception Eighteen (SR-18)
referred to as Part 1 on Schedule "A", attached hereto, the minimum
front yard for the 1 storey frame cottage converted into an accessory
building shall be 8.54 metres The interior side yard shall be 2.1655
metres Lot frontage shall be not less than 51.5 metres and lot area shall
be not less than .36 hectares All other applicable provisions of the
Shoreline Residential (SR) Zone shall continue to apply.
5.4.8.19 Shoreline Residential Exception Nineteen (SR-19) Zone
Part of Lot 12, Concession 13, Minden, Schedule 7
On the lands zoned Shoreline Residential Exception Nineteen (SR-19)
referred to as Part 2 on Schedule "A", attached hereto, the interior side
yard for the frame cabin shall be 0.8235 metres Lot frontage shall be
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07-37
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not less than 40.8 metres and lot area shall be not less than .26
hectares All other applicable provisions of the Shoreline Residential
(SR) Zone shall continue to apply.
5.4.8.20 Shoreline Residential Exception Twenty (SR-20) Zone
Part of Lot 28, Concession 7, Minden, Schedule 8
Notwithstanding the provisions of Section 4.15 to the contrary, on lands
within the Shoreline Residential Exception Twenty (SR-20) Zone, one
accessory storage building is a permitted use on a vacant lot without the
requirement of a principal building No part of the structure shall be used
for habitation and no sanitary or kitchen facilities shall be permitted as
part of this accessory building In all other respects, the requirements of
By-law 06-10, as amended, applicable to the Shoreline Residential (SR)
Zone shall continue to apply.
5.4.8.21 Shoreline Residential Exception Twenty-one (SR-21) Zone
Part of Lot 11, Concession 10, Minden, Schedule 7
On the lands zoned Shoreline Residential Exception Twenty-one (SR-
21) referred to as Part 1 on Schedule "A", attached hereto, the minimum
lot area shall be 2,870 square metres with a minimum lot frontage of 27
metres The interior side yard for the existing accessory building shall be
.55 metres The front yard setback for the main dwelling unit shall be 8.5
metres The front yard setback for the existing accessory building shall
be 1 metre All other applicable provisions of the Shoreline Residential
(SR) Zone shall continue to apply.
5.4.8.22 Shoreline Residential Exception Twenty-two (SR-22) Zone
Part of Lot 11, Concession 10, Minden, Schedule 7
On the lands zoned Shoreline Residential Exception Twenty-two (SR-
22) referred to as Part 2 on Schedule "A", attached hereto, the minimum
lot area shall be 2,870 square metres with a minimum lot frontage of 45
metres The interior side yard for the existing main dwelling unit shall be
3.66 metres The front yard setback for the main dwelling unit shall be
8.5 metres All other applicable provisions of the Shoreline Residential
(SR) Zone shall continue to apply.
5.4.8.23 Shoreline Residential Exception Twenty-three (SR-23) Zone
Part of Lots 3 and 4, Concession 5, Minden, Schedule 11
On the lands zoned Shoreline Residential Exception Twenty-three (SR-
23) the minimum lot frontage and area shall be 54.9 metres (180 ft.) and
.64 ha (1.57 ac.) respectively All other applicable provisions of the
Shoreline Residential (SR) Zone shall continue to apply.
07-60
07-73
07-73
07-84
Township of Minden Hills
Zoning By-law 06-10
Consolidated July 27, 2017
Page 73
Planscape
5.4.9 COMMUNITY FACILITY ZONE (CF)
(No exceptions to date.)
5.4.10 HIGHWAY COMMERCIAL ZONE (C1)
5.4.10.1 Highway Commercial Exception One (C1-1) (H) Zone
Part Lots 35 & 36, Concession A, Lutterworth, Schedule 22
On the lands zoned Highway Commercial Exception One (C1-1) (H)
Zone, the following provisions apply in addition to the provisions of the
Highway Commercial (C1) Zone:
a)
Permitted Uses
A single detached dwelling where such dwelling is ancillary to a
principal permitted non-residential use and is occupied by the
owner, caretaker, watchman or other similar person, and his
family, as are employed on the lot;
A propane refill station where ancillary to a permitted non-
residential use otherwise specified hereunder;
b)
Regulatory Provisions for Residential Uses
i)
Minimum Yard Requirements
Front Yard
14 metres
Interior Side Yard
10 metres
Rear Yard
15 metres
c)
Regulatory Provisions for Non-Residential Uses
i)
Minimum yard requirements
Interior side yard
Minimum interior side yard shall be 6 metres except where
the interior side lot line abuts a Residential Zone, in which
case the minimum interior side yard width shall be 15
metres.
All other applicable provisions of the Highway Commercial (C1) Zone
shall continue to apply.
Where the Highway Commercial Exception Eleven (C1-1) Zone symbol,
is followed by a Holding symbol denoted (H), no person shall use such
lands or erect, alter or use any building or structure thereon, except for
those purposes allowed as of the date of passing of this By-law (April
26, 2001), until such time as the following provisions have been
complied with, namely:
i)
All necessary approvals have been obtained, in writing, from the
Township of Minden Hills, the Ministry of the Environment, the
Ministry of Natural Resources, the Ministry of Transportation, the
Township of Minden Hills
Zoning By-law 06-10
Consolidated July 27, 2017
Page 74
Planscape
Haliburton, Kawartha, Pine Ridge District Health Unit, and, the
County of Haliburton; and
ii)
A site plan agreement has been entered into with the
Municipality and registered against the title of the lands to which
it applies.
5.4.10.2 Highway Commercial Exception Two (C1-2) Zone
Part of Lot 1, Concession A, Anson, Schedule 22
On the lands zoned Highway Commercial Exception Two (C1-2) the
following additional uses are permitted:
a)
A Bowling Alley
b)
Apartments, to a maximum of six (6) apartments or accessory
dwelling units
For the purpose of this section, a bowling alley is a building, or portion
thereof, which is used for the game of bowling and may include a
restaurant as an accessory use.
All other applicable provisions of the Highway Commercial (C1) Zone
shall continue to apply.
5.4.10.3 Highway Commercial Exception Three (C1-3) Zone
Part Lot 2, Concession 12, Lutterworth, Schedule 14
On the lands zoned Highway Commercial Exception Three (C1-3) Zone,
the non-residential uses permitted shall be restricted to that of only a
go-kart race track and such other accessory uses, buildings and
structures as are normally considered incidental and subordinate
thereto All other applicable provisions of the Highway Commercial (C1)
Zone shall continue to apply.
5.4.10.4 Highway Commercial Exception Four (C1-4) Zone
Part Lot 16, Concession 4, Lutterworth, Schedule 17
On the lands zoned Highway Commercial Exception Four (C1-4) Zone,
the non-residential uses permitted shall be limited to that of a
convenience store; an eating establishment; an eating establishment, a
drive-in, or take out; equipment sales and rental, light; a garden nursery
sales and supply establishment; a greenhouse, commercial; outside
display of goods and materials where such display is accessory and
incidental to a permitted non-residential use specified hereunder; a
place of entertainment for such activities as mini golf and bird watching
stations; a post office; a public use in accordance with the provisions in
this By-law; a retail commercial establishment where such use is
accessory and incidental to a permitted non-residential use specified
hereunder Commercial activities with the exception of mini golf and bird
Township of Minden Hills
Zoning By-law 06-10
Consolidated July 27, 2017
Page 75
Planscape
watching stations shall be contained in a building no larger than 93
square metres.
The above is conditional upon receiving approval from the Road
Superintendent with respect to a suitable entrance No outside storage
shall be permitted All other applicable provisions of the Highway
Commercial (C1) Zone shall continue to apply.
5.4.10.5 Highway Commercial Exception Three (C1-5) Zone
Part Lot 3, Concession 12, Lutterworth, Schedule 14
On the lands zoned Highway Commercial Exception Five (C1-5) Zone,
the minimum lot frontage shall be 27 metres Permitted uses shall be
limited to Storage of boats, snowmobiles and modular manufactured
dwelling houses, plus accessory storage buildings to house these
goods No residential uses shall be permitted in the C1-5 Zone No direct
access onto Highway No. 35 shall be permitted from any property in the
C1-5 Zone All other applicable provisions of the Highway Commercial
(C1) Zone shall continue to apply.
5.4.10.6 Highway Commercial Exception Six (C1-6) Zone
Part Lot 2, Concession 13, Lutterworth, Schedule 14
On the lands zoned Highway Commercial Exception Six (C1-6) Zone,
the non-residential uses permitted shall be restricted to that of a service
shop for electronic equipment, a retail outlet for the sale of such
products and such other accessory uses, buildings and structures as
are normally considered incidental and subordinate thereto All other
applicable provisions of the Highway Commercial (C1) Zone shall
continue to apply.
5.4.10.7 Highway Commercial Exception Seven (C1-7) Zone
Part Lot 28, Concession 7, Minden, Schedule 8
On the lands zoned Highway Commercial Exception Seven (C1-7)
Zone, a service and retail television and electronic store with an
accessory dwelling shall be the only permitted use All other applicable
provisions of the Highway Commercial (C1) Zone shall continue to
apply.
5.4.10.8 Highway Commercial Exception Eight (C1-8) Zone
Part Lot 4, Concession A, Minden, Schedule 21
On the lands zoned Highway Commercial Exception Eight (C1-8), the
use of real estate office will be permitted in addition to the permitted
uses in the C1 Zone All other applicable provisions of the Highway
Commercial (C1) Zone shall continue to apply.
Township of Minden Hills
Zoning By-law 06-10
Consolidated July 27, 2017
Page 76
Planscape
5.4.10.9 Highway Commercial Exception Nine (C1-9) Zone
Part Lot 28, Concession 7, Minden, Schedule 8
On the lands zoned Highway Commercial Exception Nine (C1-9), the
use of a five (5) unit apartment building will be a permitted use in
addition to the permitted uses in the C1 Zone All other applicable
provisions of the Highway Commercial (C1) Zone shall continue to
apply.
5.4.10.10
Highway Commercial Exception Ten (C1-10) Zone
Part Lot 1, Concession A, Anson, Schedule 22
On the lands zoned Highway Commercial Exception Ten (C1-10), light
manufacturing shall be permitted in addition to the permitted uses in the
C1 Zone All other applicable provisions of the Highway Commercial
(C1) Zone shall continue to apply.
Light manufacturing is defined as the processing of semi-manufactured
goods or assembly of manufactured goods.
5.4.10.11
Highway Commercial Exception Eleven (C1-11) Zone
Part Lot 4, Concession A, Minden, Schedule 21
[deleted by By-law 07-36]
5.4.10.12 Highway Commercial Exception Twelve (C1-12) Zone
Part of Lot 24, Concession 6, Lutterworth, Schedule 17
On the lands zoned Highway Commercial Exception Twelve (C1-12)
Zone, the non-residential uses permitted shall be restricted to that of a
motor hotel and eating establishment and such other accessory
buildings, structures and uses as are normally considered incidental and
subordinate thereto All other applicable provisions of the Highway
Commercial (C1) Zone shall continue to apply
5.4.10.13
Highway Commercial Exception Thirteen (C1-13) Zone
Part Lot 4, Concession A, Pt. Lot 9, East of Teasdale Street,
Registered Plan No. 1, Pt. Lot 9, West of Bruce Street, Registered
Plan No. 1, Minden, Schedule 21
On the lands zoned Highway Commercial Exception Thirteen (C1-13)
Zone, the following provisions shall apply:
a)
The permitted uses shall include all those uses permitted in the
Highway Commercial (C1) Zone;
b)
Frontage shall be measured from the Water Street front lot line
nearest to the intersection with Highway 35; the balance of the
07-043
07-36
07-36
Township of Minden Hills
Zoning By-law 06-10
Consolidated July 27, 2017
Page 77
Planscape
Water Street lot line shall continue to be considered a front lot
line;
c)
The minimum Interior Side Yard abutting a Residential Zone shall
be 10 metres, with the exception of a parking or driveway area, in
which case the minimum interior side yard abutting a Residential
Zone shall be 5 metres;
d)
The minimum Rear Yard shall be 3.5 metres from the Teasdale
Street cul-de-sac property line;
e)
The minimum Planting Strip Width shall be 5 metres adjacent to a
residential zone;
f)
A planting strip having a minimum width of 4 metres shall be
provided adjacent to the front lot line;
g)
Notwithstanding any provision to the contrary in Section 4.15, the
maximum permitted height of exterior light fixtures shall be 13
metres, including light standard structure and exterior lights
affixed to any structure;
h)
The maximum width of a joint ingress and egress driveway ramp
measured along the street line shall be 13 metres;
i)
The maximum number of driveways that provide ingress or egress
onto Water Street shall be two
All other applicable provisions of the Highway Commercial (C1) Zone
shall continue to apply.
5.4.11 GENERAL COMMERCIAL ZONE (C2)
5.4.11.1 General Commercial Exception One (C2-1) Zone
Part Lot 29, Concession 5, Snowdon, Schedule 20
On the lands zoned General Commercial Exception One (C2-1), no
person shall use any lot or erect, alter or use any building or structure
for any purpose except one of the following uses, namely:
a)
Residential Uses:
an accessory dwelling; or
an accessory dwelling unit.
b)
Non-Residential Uses:
a home occupation;
a merchandise service shop;
a parking lot;
a personal service shop;
a post office;
a public use;
a restaurant;
a retail store.
Township of Minden Hills
Zoning By-law 06-10
Consolidated July 27, 2017
Page 78
Planscape
All other applicable provisions of the General Commercial (C2) Zone
shall continue to apply.
5.4.11.2 General Commercial Exception Two (C2-2) Zone
Part Lot 19, Concession 13, Snowdon, Schedule 16
On the lands zoned Highway Commercial Exception Two (C2-2),
recycling and processing of municipal waste, and storage will be
permitted uses in addition to the permitted uses in the C2 Zone All other
applicable provisions of the General Commercial (C2) Zone shall
continue to apply.
5.4.11.3 General Commercial Exception Three (C2-3) Zone
Part Lot 14, Concession 13, Minden (Carnarvon), Schedule 7
On the lands zoned General Commercial Exception Three (C2-3) Zone,
a commercial self-storage facility and a boat storage facility may be a
permitted use in addition to the permitted uses in the C2 Zone All other
applicable provisions of the General Commercial (C2) Zone shall
continue to apply.
5.4.12 RECREATIONAL COMMERCIAL ZONE (C3)
5.4.12.1 Recreational Commercial Exception One (C3-1) Zone
Part Lots 27 & 28, Concession 3, Lutterworth, Schedule 17
On the lands zoned Recreational Commercial Exception One (C3-1)
Zone, the non-residential uses permitted shall be restricted to that of
only a seasonal trailer park and such other accessory uses, buildings
and structures as are normally considered incidental and subordinate
thereto All other applicable provisions of the Recreational Commercial
(C3) Zone shall continue to apply.
5.4.12.2 Recreational Commercial Exception Two (C3-2) Zone
Part Lot 18, Concessions 6 and 7, Lutterworth, Schedule 17
On the lands zoned Recreational Commercial Exception Two (C3-2)
Zone, the non-residential uses permitted shall be restricted to that of
only a resort establishment inclusive of a cottage and cabin
establishment, a camping establishment, a convenience store and the
retail sale of souvenirs and similar articles or goods or facilities for the
sale of marine fuels and the rental of boats and motors together with
such other uses as are normally considered incidental and subordinate
thereto All other applicable provisions of the Recreational Commercial
(C3) Zone shall continue to apply.
Township of Minden Hills
Zoning By-law 06-10
Consolidated July 27, 2017
Page 79
Planscape
5.4.12.3 Recreational Commercial Exception Three (C3-3) Zone
Part of Lot 18, Concession 10, Lutterworth, Schedule 13
On the lands zoned Recreational Commercial Exception Three (C3-3)
Zone, the non-residential uses permitted shall be restricted to that of
only a cabin and cottage establishment together with such other
accessory uses, buildings or structures as are normally considered
incidental and subordinate thereto All other applicable provisions of the
Recreational Commercial (C3) Zone shall continue to apply.
5.4.12.4 Recreational Commercial Exception Four (C3-4) Zone
Part of Lots 11 & 12, Concession 10, Lutterworth, Schedule 14
On the lands zoned Recreational Commercial Exception Four (C3-4)
Zone, the non-residential uses permitted shall be restricted to that of a
private camp, as herein defined, together with such other accessory
uses, buildings or structures as are normally considered incidental and
subordinate thereto All other applicable provisions of the Recreational
Commercial (C3) Zone shall continue to apply.
For the purposes of this section, "private camp" means a privately
owned and operated establishment which operates throughout all or
part of the year for recreational, educational or religious purposes;
which provides accommodation for ten or more persons, or to any group
or groups which contract accommodation for a period having a
minimum duration of two (2) days; which includes campgrounds,
facilities for servicing meals, and may or may not include bunkhouses or
similar facilities; where a program is offered in conjunction with the
provision or equipment or supplies or services related to angling, hiking,
camping, archery, sailing, swimming, skiing, skating, snowshoeing or
crafts or similar indoor or outdoor recreational activities or any of them
during all or part of the year; and, for the purposes of this By-law may
include educational or conference facilities but shall not include lands
used or maintained as grounds for the parking of mobile homes,
motorized homes, truck campers or any establishment or operation
essentially engaged in providing special care or retention or
rehabilitation, including any facilities and services as may be required in
conjunction therewith, to members of the general public for
compensation.
5.4.12.5 Recreational Commercial Exception Five (C3-5) Zone
Part of Lot 30, Concession 6, Minden, Schedule 12
On the lands zoned Recreational Commercial Exception Five (C3-5)
Zone, the only permitted use shall be a tourist lodge with a maximum of
ten rental units No accessory uses, such as a restaurant, public docks
or outdoor recreational facilities, other than those currently existing may
be permitted In addition no building or structure may be erected closer
than 40 m to the easterly property line, 100m from the westerly property
line, 160 m from the front property line and 23 m from the water's edge
Township of Minden Hills
Zoning By-law 06-10
Consolidated July 27, 2017
Page 80
Planscape
All other applicable provisions of the Recreational Commercial (C3)
Zone shall continue to apply.
5.4.12.6 Recreational Commercial Exception Six (C3-6) Zone
Part of Lots 26 & 27, Concession 5, Lutterworth, Schedule 17
On the lands zoned Recreational Commercial Exception Six (C3-6)
Zone, the uses permitted shall be restricted to that of a motel, a retail
outlet for handicraft goods, a single-family mobile home dwelling unit
and such other accessory buildings, structures and uses, as are
normally considered incidental and subordinate thereto All other
applicable provisions of the Recreational Commercial (C3) Zone shall
continue to apply.
5.4.12.7 Recreational Commercial Exception Seven (C3-7) Zone
Part Lots 26 & 27, Concessions 4 & 5, Lutterworth, Schedule 17
On the lands zoned Recreational Commercial Exception Seven (C3-7)
Zone, the non-residential uses permitted shall be restricted to that of
only a motel, cabin establishment and eating establishment ancillary to
the foregoing permitted uses, together with such other accessory uses,
buildings or structures as are normally considered incidental and
subordinate thereto All other applicable provisions of the Recreational
Commercial (C3) Zone shall continue to apply.
5.4.12.8 Recreational Commercial Exception Eight (C3-8) Zone
Part Lot 8, Concession 11, Lutterworth, Schedule 14
On the lands zoned Recreational Commercial Exception Eight (C3-8)
Zone, the non-residential uses permitted shall be restricted to that of
only a motel and/or cabin establishment and eating establishment and
retail outlet which such uses are ancillary to the principal permitted non-
residential uses and are wholly contained within the principal permitted
buildings or structures, together with such other accessory buildings,
structures and uses as are normally considered incidental and
subordinate thereto All other applicable provisions of the Recreational
Commercial (C3) Zone shall continue to apply.
5.4.12.9 Recreational Commercial Exception Nine (C3-9) Zone
Part Lot 19, Concession 11, Lutterworth, Schedule 13
On the lands zoned Recreational Commercial Exception Nine (C3-9)
Zone, the non-residential uses permitted shall be restricted to that of
only a resort establishment together with such other accessory
buildings, structures and uses as are normally considered incidental
and subordinate thereto All other applicable provisions of the
Recreational Commercial (C3) Zone shall continue to apply.
Township of Minden Hills
Zoning By-law 06-10
Consolidated July 27, 2017
Page 81
Planscape
5.4.12.10
Recreational Commercial Exception Ten (C3-10) Zone
Part of Lot 2, Concession 13, Lutterworth, Schedule 14
On the lands zoned Recreational Commercial Exception Ten (C3-10),
the non-residential uses permitted shall be restricted to: go-kart tracks,
mini adventure golf course and putting green, water amusement
facilities, recreational facilities, cross country skiing, picnic area,
accessory office, eating establishment, and small engine repair shop.
The minimum number of parking spaces is 100; the minimum height of
privacy fence is 2.4 metres; the maximum number of coin-operated
mechanical or electric pinball machines or video games 50.
The minimum width of buffer zone is 15.24 metres.
A vertical board on board privacy fence shall be constructed 2 metres
from the north and west property line where the interior side and front
lot line abut the Recreational Commercial Exception Ten (C3-10) Zone.
All other applicable provisions of the Recreational Commercial (C3)
Zone shall continue to apply.
5.4.12.11
Recreational Commercial Exception Eleven (C3-11) Zone
Part Lot 27, Concession 7, Minden, Schedule 8
On the lands zoned Recreational Commercial Exception Eleven (C3-
11), the minimum rear yard shall be 30 metres and no docking facilities
are permitted
Notwithstanding any other provisions of the By-law on the lands zoned
C3-11, a portion of the land located along the west property line,
commencing at the north-west corner of the lot, adjacent to Highway
121 and extending south along the said property line 61 metres and
being 6 metres in width shall only be used for landscaped screening
Landscaped screening shall be defined as an opaque visual barrier
formed by a row of shrubs or trees or by a wooden fence or masonry
wall or by a combination of these In this particular instance, landscaped
screening will consist of a row of red pine trees 3 metres to 4 metres in
height; planted 1.21 to 3.048 metres apart
All other applicable provisions of the Recreational Commercial (C3)
Zone shall continue to apply.
5.4.12.12
Recreational Commercial Exception Twelve (C3-12) Zone
Part Lot 5, Concession 14, Lutterworth, Schedule 25
On the lands zoned Recreational Commercial Exception Twelve (C3-
12) Zone, the following provisions shall apply:
Permitted Uses shall be restricted to:
Township of Minden Hills
Zoning By-law 06-10
Consolidated July 27, 2017
Page 82
Planscape
i.
Residential Uses
A detached dwelling house or a dwelling unit in a portion of a
non-residential building where such dwelling is ancillary to a
permitted non-residential use and is occupied by the owner,
caretaker or other similar person, and his family, as is or are
employed on the lot on which such dwelling is located.
ii.
Non-Residential Uses
A resort establishment inclusive of facilities for the preparation
and serving of food to guests, a recreation hall, and
administrative offices The facilities for the preparation and
serving of food to guests shall be used exclusively to serve the
patrons of the Inn and shall not otherwise be open to the public
iii.
Accessory Uses
Uses, buildings and structures accessory to any of the foregoing
permitted uses specified herein and in accordance with the
provisions of Section 5.1 of this By-law.
Access is permitted from a private right-of-way.
The following regulations apply:
i.
minimum lot area requirement
0.9 hectares
ii.
minimum yard requirements
interior side yard
-
adjacent the easterly property line
13.6 metres
-
adjacent the westerly property line
14.5 metres
rear yard
17.8 metres
iii.
minimum setback from high water mark
16.8 metres
iv.
maximum lot coverage
all buildings and structures
14 percent
v.
minimum landscaped open space requirement
50 percent
vi.
maximum number of rental units
15
vii.
maximum number of dwelling units
2
All other applicable provisions of the Recreational Commercial (C3)
Zone shall continue to apply.
5.4.12.13
Recreational Commercial Exception Thirteen (C3-13) Zone
Part Lots 28 & 29, Concessions 4 & 5, Minden, Schedule 12
On the lands zoned Recreational Commercial Exception Thirteen (C3-
13) Zone, the only permitted use shall be an Interval Ownership Cottage
Resort which may include a maximum of eighteen (18) units Accessory
uses also permitted may include docking facilities for a maximum of
eighteen (18) boats, a manager's residence and office, accessory
Township of Minden Hills
Zoning By-law 06-10
Consolidated July 27, 2017
Page 83
Planscape
storage buildings and outdoor facilities for recreational activities, such
as but not limited to skating, tennis, badminton and/or volleyball.
For the purposes of this section, an Interval Ownership Cottage Resort
is a commercial use owned by an organization with members who each
share the right to occupy a unit for part of a year, not to exceed twelve
(12) continuous weeks.
All other applicable provisions of the Recreational Commercial (C3)
Zone shall continue to apply.
5.4.12.14
Recreational Commercial Exception Fourteen (C3-14) Zone
Part Lots 16 & 17, Concession 7, Minden, Schedule 8
On the lands zoned Recreational Commercial Exception Fourteen (C3-
14) Zone, the only permitted use shall be restricted to:
i.
a golf course;
ii.
an accessory restaurant;
iii.
an accessory retail store;
iv.
a banquet hall;
v.
a private club but not including a marina or tourist
accommodation;
vi.
tennis courts; and
vii.
one accessory dwelling unit.
All other applicable provisions of the Recreational Commercial (C3)
Zone shall continue to apply.
5.4.12.15
Recreational Commercial Exception Fifteen (C3-15) Zone
Part Lot 1, Concessions 8 & 9, and Part Lots 20 & 21, Concession A,
Lutterworth, Schedule 14
On the lands zoned Recreational Commercial Exception Fifteen (C3-15)
Zone, no person shall use any land or erect, alter or use any building or
structure except in accordance with the following:
a)
Permitted Uses
A single detached dwelling where such dwelling is ancillary to
a principal permitted non-residential use and is occupied by
the owner, caretaker, watchman or other similar person, and
his family, as are employed on the lot;
b)
Non-Residential
A camping establishment containing a maximum of 30
campsites;
Township of Minden Hills
Zoning By-law 06-10
Consolidated July 27, 2017
Page 84
Planscape
A convenience store and administrative offices where such
uses are ancillary and incidental to the principal permitted non-
residential use; and,
A public use or municipal utility in accordance with the
provisions of Section 5.18 hereinafter set forth in this By-law.
c)
Regulatory Provisions for Non-Residential Uses
i)
Minimum lot area requirement
114 hectares
ii)
Minimum lot frontage requirement -
County Road No. 121
800 metres
iii)
Minimum yard requirements all yards
30 metres
iv)
Maximum lot coverage - all buildings & structures10 per
cent
v)
Minimum landscaped open space requirement60 per cent
d)
Special Provisions
i)
Setback from Waterbodies and Environmental Protection (EP)
Zones
Except as may exist at the date of passing of this By-law (April
26, 2001), no building or structure, campsite, private road or
off-street parking area shall be located within 30 metres of the
high water mark of any lake or waterbody or within 30 metres
of lands zoned within the Hazard Land (HL) Zone.
ii)
Minimum Campsite Area and Frontage
Each campsite shall have a minimum area of 300 square
metres and a minimum width of 12 metres.
iii)
Planting Strip
An area having a minimum width of 3 metres shall be
maintained in its natural state as a planting strip between
campsites.
All other applicable provisions of the Recreational Commercial (C3)
Zone shall continue to apply. (By-law 01-29)
5.4.12.17
Recreational Commercial Exception Seventeen (C3-17) Zone
Part of Lot 28, Concession 7, Minden, Schedule 8
Notwithstanding the provisions of Section 4.1.5 of the By-Law 06-10 to
the contrary, on the lands zoned the Recreational Commercial
Exception Seventeen (C3-17) Zone, the storage of boats and watercraft
is permitted without the establishment of a principal building or use.
All other applicable provisions of the Recreational Commercial Zone
(C3) Zone shall) continue to apply.
07-043
12-49
Township of Minden Hills
Zoning By-law 06-10
Consolidated July 27, 2017
Page 85
Planscape
5.4.13 VILLAGE COMMERCIAL (C4) ZONE
(No exceptions to date)
5.4.14 GENERAL INDUSTRIAL (M1) ZONE
5.4.14.1 General Industrial Exception One (M1-1) Zone
Part Lot 28, Concession 3, Lutterworth, Schedule 17
On the lands zoned General Industrial Exception One (M1-1) Zone, the
uses permitted shall be restricted to that of only a contractor's yard and
related shop facilities together with such other accessory uses,
buildings and structures as are normally considered incidental and
subordinate thereto All other applicable provisions of the General
Industrial (M1) Zone shall continue to apply.
5.4.14.2 General Industrial Exception Two (M1-2) Zone
Part Lot 26, Concession 6, Lutterworth, Schedule 17
On the lands zoned General Industrial Exception Two (M1-2) Zone, the
uses permitted shall be restricted to that of only a structure for the
storage of boats and related marine equipment together with such other
accessory uses, buildings and structures as are normally considered
incidental and subordinate thereto All other applicable provisions of the
General Industrial (M1) Zone shall continue to apply with the following
exceptions:
i.
Minimum exterior side yard - 9 metres
ii.
Minimum rear yard - 1.2 metres
5.4.14.3 General Industrial Exception Three (M1-3) Zone
Part Lot 25, Concession 6, Lutterworth, Schedule 17
On the lands zoned General Industrial Exception Three (M1-3) Zone,
the uses permitted shall be restricted to that of only a marine and
snowmobile sales and service establishment inclusive of facilities for the
storage of boats and such other accessory uses, buildings and
structures as are normally considered incidental and subordinate
thereto All other applicable provisions of the General Industrial (M1)
Zone shall continue to apply.
5.4.14.4 General Industrial Exception Four (M1-4) Zone
Part Lot 27, Concession A, Lutterworth, Schedule 14
On the lands zoned General Industrial Exception Four (M1-4) Zone, the
uses permitted shall be restricted to that of only a salvage yard and
such other accessory uses, buildings and structures as are normally
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considered incidental and subordinate thereto All other applicable
provisions of the General Industrial (M1) Zone shall continue to apply.
5.4.14.5 General Industrial Exception Five (M1-5) Zone
Part Lot 12, Concession 6, Lutterworth, Schedule 18
On the lands zoned General Industrial Exception Five (M1-5) Zone, the
uses permitted shall be restricted to that of only a salvage yard and
such other accessory uses, buildings and structures as are normally
considered incidental and subordinate thereto All other applicable
provisions of the General Industrial (M1) Zone shall continue to apply.
5.4.14.6 General Industrial Exception Six (M1-6) Zone
Part Lots 18 and 19, Concession 9, Minden, Schedule 8
On the lands zoned General Industrial Exception Six (M1-6) Zone, the
only permitted use shall be the processing, manufacturing, and
warehousing of coffee.
All other applicable provisions of the General Industrial (M1) Zone shall
continue to apply.
5.4.14.7 General Industrial Exception Seven (M1-7) Zone
Part Lot 26, Concession 14, Snowdon, Schedule 16
On the lands zoned General Industrial Exception Seven (M1-7) Zone,
the only permitted use shall be a metal fabrication workshop.
All other applicable provisions of the General Industrial (M1) Zone shall
continue to apply.
5.4.14.8 General Industrial Exception Eight (M1-8)
Part of Lot 13, Concession 12, Snowdon, Schedule 15
On the lands zoned General Industrial Exception Eight (M1-8) Zone, the
uses permitted shall be restricted to:
An accessory dwelling unit, and
A garage for heavy equipment and storage yard
The maximum building height shall be 12.2 metres and the minimum
dwelling unit area shall be 55.7 square metres A maximum of one
dwelling unit is permitted.
All other applicable provisions of the General Industrial (M1) Zone shall
continue to apply.
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5.4.14.9 General Industrial Exception Nine (M1-9) Zone
Part Lot 1, Concession 14, Lutterworth, Schedule 22
On the lands zoned General Industrial Exception Nine (M1-9) Zone, the
uses permitted shall be restricted to that of only a contractor's yard, a
maintenance yard and associated buildings related thereto; a motor
vehicle repair garage and body shop within the principal or main
building; and, a retail commercial outlet where such use is accessory
and incidental to the principal permitted non-residential uses specified
hereunder, together with such other accessory uses, buildings and
structures as are normally considered incidental and subordinate
thereto All other applicable provisions of the General Industrial (M1)
Zone shall continue to apply.
5.4.14.10
General Industrial Exception Ten (M1-10) Zone
Part Lot 5, Concession 12, Lutterworth, Schedule 14
On the lands zoned General Industrial Exception Ten (M1-10) Zone, the
following provisions and regulations shall apply:
Permitted Uses:
a)
Residential Uses - prohibited
b)
Non-Residential Uses - In addition to the uses permitted in the
M1 Zone, the following uses are permitted:
i.
a business or professional office where such use is
ancillary and incidental to a permitted non-residential use
as otherwise specified herein;
ii.
a farm implement and related equipment sales and service
establishment;
iii.
a retail commercial outlet for the sale of heating, plumbing
and electrical supplies;
Regulatory Provisions
Exterior Side Yard
15 metres
Interior Side Yard
- Adjacent the northerly property line
5 metres
- Adjacent the southerly property line
15 metres
Rear Yard
12 metres
Minimum Landscaped Open Space Requirement
10 percent
Maximum Height of Buildings or Structures
12 metres
Special Provisions - Gasoline Pumps and Propane Refill Facilities:
A gasoline pump island, gasoline pumps or propane refill facility may be
located within any yard provided:
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i.
that the minimum distance between any portion of the pump island
or gasoline pumps or propane refill facility and any front, interior
side, exterior side or rear lot line is not less than 5 metres;
ii.
that the minimum distance between any portion of the pump island
or gasoline pumps or propane refill facility and any adjacent lands
zoned for residential purposes is not less than 15 metres; and,
iii.
that, where the lot is a corner lot, no portion of any pump island or
gasoline pumps or propane refill facility shall be located closer
than 3 metres to a straight line between a point in the front lot line
and a point in the exterior side lot line, such points being distant
15 metres from the intersection of such lot lines.
Entrance Regulations:
The following provisions shall apply to ingress and egress driveways:
i.
that the maximum width of a driveway measured along the street
line shall be 9 metres;
ii.
that the minimum distance between driveways, measured along
the street line intersected by such driveway, shall be 9 metres;
iii.
that the minimum distance between an interior side lot line and
any driveway shall be 10 metres provided that no driveway is
located closer than 87 metres to the more southerly side lot line;
and,
iv.
that the interior angle formed between the street line and the
centerline of any driveway shall not be less than 45 degrees.
Special Provisions - Accessory buildings and structures:
Notwithstanding the yard and setback requirements, an accessory
building for storage purposes only and having an area of not greater
than 90 square metres, may be permitted in the rear yard provided that
such accessory building is not located closer than 3.0 metres to an
interior side or rear lot line.
All other applicable provisions of the General Industrial (M1) Zone shall
continue to apply.
5.4.14.11
General Industrial Exception Eleven (M1-11) Zone
Part Lot 25, Concession 6, Lutterworth, Schedule 17
On the lands zoned General Industrial Exception Eleven (M1-11) Zone,
the non-residential uses permitted shall be restricted to the following:
i.
boat storage;
ii.
a business or professional office where such use is ancillary and
incidental to a permitted non-residential use as otherwise
specified herein;
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iii.
a marine sales and service establishment;
iv.
a printing or publishing establishment;
v.
a retail commercial outlet where such use is accessory and
incidental to a permitted non-residential use otherwise specified
hereunder;
vi.
a snowmobile sales and service establishment;
vii.
a warehouse or wholesale establishment;
viii. a workshop; and
ix.
accessory uses, buildings and structures as are normally
considered incidental and subordinate to the foregoing permitted
uses, save and except the outside storage of goods and materials
which shall be prohibited.
In all other respects the provisions of the General Industrial (M1) Zone
shall continue to apply.
5.4.15 EXTRACTIVE INDUSTRIAL (M2) ZONE
5.4.15.1 Extractive Industrial Exception One (M2-1) Zone
Part Lots 21 and 22, Concession 14, Snowdon, Schedule 16
On the lands zoned Extractive Industrial Exception One (M2-1) Zone,
the uses permitted shall be restricted to an aggregate crushing plant, an
aggregate storage area, a gravel pit, and an operation for the
screening, washing or classifying of aggregate All other applicable
provisions of the Extractive Industrial (M2) Zone shall continue to apply.
5.4.15.2 Extractive Industrial Exception Two (M2-2) Zone
Part Lots 21 and 22, Concession 14, Snowdon, Schedule 16
On the lands zoned Extractive Industrial Exception Two (M2-2) Zone,
the interior side yard (min m) shall be 15 metres All other applicable
provisions of the Extractive Industrial (M2) Zone shall continue to apply.
5.4.16 WASTE DISPOSAL INDUSTRIAL (M3) ZONE
(No exceptions to date.)
07-13
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5.5
HOLDING ZONES:
5.5.1 Part of Lots 3 & 4, Concession A, Minden (Schedule 23)
Residential Type Two Holding (R2) (H)
Residential Type Two Exception Four Holding (R2-4 (H))
Residential Type Two Exception Five Holding (R2-5 (H))
Residential Type Two Exception Six Holding (R2-6 (H))
Residential Type Two Exception Seven Holding (R2-7 (H))
a)
The above-noted lands are zoned on Schedule 23 with a Holding (H)
symbol.
Upon application by the registered owners, the Municipality will amend
the By-law to remove the holding provisions, with respect to any of the
lands, when the following conditions have been completed or
demonstrated to the satisfaction of the Municipality:
i)
a Storm Water Management Plan;
ii)
a Site Plan Agreement, pursuant to Section 41 of the Planning
Act, R.S.O. 1990, as amended, between the owner and the
Municipality, has been registered against the title of the lands;
iii)
a By-law has been passed and registered pursuant to Section
50(4) of the Planning Act, R.S.O. 1990, as amended, deeming
those lots on Plan 627 affected, not to be lots on a registered plan
of subdivision for the purposes of Section 50(3) of the Planning
Act, R.S.O. 1990, as amended; and
iv)
the Municipality has received an application from the registered
owner to amend the By-law such that the holding provisions are
removed.
During the period that the holding provisions are in place, the provisions
of Section 5.3 as they pertain to the Residential Type One (R1) Zone will
apply.
5.5.2 Part of Lot 1, Concessions 8 & 9, and Part Lots 20 & 21, Concession A,
Lutterworth (Schedule 14)
Recreational Commercial Exception Fifteen Holding (C3-15 (H))
a)
The above noted lands are zoned on Schedule 14 with a Holding (H)
symbol.
Where the Recreational Commercial Exception Fifteen (C3-15) Zone is
followed by a Holding Symbol denoted "(H)", no person shall use such
lands or erect, alter or use any building or structure thereon, except for
those purposes existing as of the date of passing of this By-law (April 26,
2001), until such time as the following provisions have been complied
with, namely:
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i)
All necessary approvals have been obtained, in writing, from the
Township of Minden Hills, the Ministry of the Environment, the
Ministry of Natural Resources, the Haliburton, Kawartha, Pine Ridge
District Health Unit, and, the County of Haliburton; and
ii)
A site plan agreement has been entered into with the Municipality
and registered against the title of the lands to which it applies.
5.5.3 Part of Lots 3 & 4, Concession A, Minden (Schedule 23)
Residential Type Two Exception Nine Holding (R2-9 (H))
a)
The above noted lands are zoned on Schedule 23 with a Holding (H)
symbol.
Where the Residential Type Two Exception Nine (R2-9) Zone is followed
by a Holding Symbol denoted "(H)", no person shall use such lands or
erect, alter or use any building or structure thereon, except for those
purposes existing as of the date of passing of this By-law (date), until
such time as the following provisions have been complied with;
i.
confirmation is provided to the Township that the lands are not
required for storm water management purposes in relation to
development on the abutting lands to the west.
Section 6 ENACTMENT:
This By-law shall come into force in accordance with the provisions of Section 34(12) or
34(30), whichever applies, of The Planning Act, R.S.O. 1990, as amended.
READ a FIRST and SECOND time this 23rd day of February, 2006.
ORIGINAL SIGNED BY:
_____Jim McMahon____________
___Cheryl McCarroll
___
Jim McMahon
Cheryl McCarroll
Reeve
Clerk
READ a THIRD time this 23rd day of February, 2006.
ORIGINAL SIGNED BY:
____ Jim McMahon _____________
__ Cheryl McCarroll ___________
Jim McMahon
Cheryl McCarroll
Reeve
Clerk