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Box 2032, 57 Foster Street
PERTH ON K7H 3M9
Tel. (613) 464-8805
[email protected]
Zoning By-law
Township of Moonbeam
November 14, 2016
Township of Moonbeam Zoning By-law
File P-2690
Page ii
Table of Contents
Explanatory Note ......................................................................................................................................... ix
Minor Variances....................................................................................................................................... ix
Zoning By-law Amendments .................................................................................................................... x
Zoning By-law Amendments ........................................................................................................................ x
Section 1
ADMINISTRATION ............................................................................................................. 15
1.1
Title and Content ......................................................................................................................... 15
1.2
Application and Building Permits ............................................................................................... 15
1.3
Defined Area ............................................................................................................................... 15
1.4
Enforcement ................................................................................................................................ 16
1.5
Penalty......................................................................................................................................... 16
1.6
Validity ....................................................................................................................................... 16
1.7
Other By-laws, Licenses, Permits and Regulations .................................................................... 16
1.8
Conflict ....................................................................................................................................... 16
1.9
Effective Date ............................................................................................................................. 16
1.10
Metric and Imperial Terms ......................................................................................................... 16
1.11
Level of Accuracy ....................................................................................................................... 16
1.12
Defined Terms ............................................................................................................................ 17
1.13
Diagrams and Figures ................................................................................................................. 17
1.14
Repeal of Existing By-laws......................................................................................................... 17
1.15
Reference to Legislation ............................................................................................................. 17
1.16
Technical Revisions to the Zoning By-law ................................................................................. 17
1.17
Repeal ......................................................................................................................................... 17
Section 2
CONFORMITY REQUIREMENTS ....................................................................................... 4
2.1
Compliance ................................................................................................................................... 4
2.2
Compliance of Severances ............................................................................................................ 4
2.3
Application to Building ................................................................................................................. 4
2.4
Minor Variances ........................................................................................................................... 4
Section 3
DEFINITIONS ......................................................................................................................... 5
3.1
General .......................................................................................................................................... 5
3.2
Definitions ..................................................................................................................................... 5
Section 4
GENERAL PROVISIONS .................................................................................................... 76
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File P-2690
Page iii
4.1
Accessory Buildings, Structures and Uses .................................................................................. 76
4.1.1
General ................................................................................................................................ 76
4.1.2
Accessory Residential Uses ................................................................................................ 77
4.1.3
Bed and Breakfast Establishments ...................................................................................... 78
4.1.4
Boat Houses ........................................................................................................................ 78
4.1.5
Docks .................................................................................................................................. 79
4.1.6
Fences in a Residential Zone .............................................................................................. 80
4.1.7
Fences in a Non-Residential Zone ...................................................................................... 80
4.1.8
Fences in a Rural Zone ....................................................................................................... 81
4.1.9
Garden Suites ...................................................................................................................... 81
4.1.10
Pumphouse .......................................................................................................................... 81
4.1.11
Storage Containers in a Residential Zone ........................................................................... 81
4.1.12
Storage Containers in a Non-Residential or Rural Zone ..................................................... 82
4.1.13
Swimming Pools ................................................................................................................. 83
4.1.14
Temporary Car Shelter ........................................................................................................ 84
4.2
Automotive Service Station, Gas Bar, Car Wash ....................................................................... 84
4.3
Buildings to be Moved ................................................................................................................ 85
4.4
Change of Use ............................................................................................................................. 85
4.5
Cumulative Standards ................................................................................................................. 85
4.6
Established Building Line in a Residential Zone ........................................................................ 85
4.7
Exception Zone ........................................................................................................................... 86
4.8
Flood Plain .................................................................................................................................. 86
4.8.1
Permitted Uses Within the Flood Plain ............................................................................... 86
4.8.2
Prohibited Uses ................................................................................................................... 87
4.8.3
Flood Plain Zoning Standards ............................................................................................. 87
4.9
Frontage on a Street .................................................................................................................... 87
4.9.1
Exceptions ........................................................................................................................... 87
4.9.3
Exception for Existing Agreements .................................................................................... 88
4.10
Group Homes .............................................................................................................................. 88
4.11
Home Based Businesses.............................................................................................................. 88
4.11.1
Scope of Permitted Home Based Businesses ...................................................................... 88
4.11.2
Zone Regulations for Home Based Businesses ................................................................... 89
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File P-2690
Page iv
4.12
Home Industries .......................................................................................................................... 90
4.12.1
Scope of Permitted Home Industries................................................................................... 90
4.12.2
Zone Regulations for Home Industries ............................................................................... 91
4.13
Illumination ................................................................................................................................. 92
4.14
Kennel ......................................................................................................................................... 92
4.15
Land Suitability For Use ............................................................................................................. 92
4.16
Licenses, Permits and Other By-laws ......................................................................................... 92
4.17
Loading/Delivery Space Regulations .......................................................................................... 92
4.18
Minimum Distance Separation and Special Setbacks ................................................................. 93
4.18.1
Waste Management Facility ................................................................................................ 93
4.18.2
Pits and Quarries ................................................................................................................. 93
4.18.3
Industrial Uses .................................................................................................................... 93
4.18.4
Minimum Distance Separation Formulae I and II ............................................................... 94
4.18.5
Water Bodies ....................................................................................................................... 95
4.18.6
Wetland ............................................................................................................................... 95
4.18.7
Hay Bales ............................................................................................................................ 95
4.18.8
TransCanada Pipeline ......................................................................................................... 95
4.19
Non-Conforming Uses ................................................................................................................ 95
4.19.1
Continuance of Existing Uses ............................................................................................. 95
4.19.2
Non-Complying Lots .......................................................................................................... 96
4.19.3
Non-Conforming Uses ........................................................................................................ 96
4.19.4
Reconstruction of a Non-Conforming Use ....................................................................... 96
4.19.5
Prior Building Permits ........................................................................................................ 97
4.19.6
Road Widening ................................................................................................................... 97
4.19.7
Addition to Existing Building or Structure ......................................................................... 97
4.20
Occupancy Restrictions............................................................................................................... 97
4.21
Open Storage and Outdoor Display ............................................................................................ 97
4.22
Parking, Motor Vehicles, Bicycles and Drive-Through Facilities .............................................. 98
4.22.1
General ................................................................................................................................ 98
4.22.2
Recreational Vehicles and Recreational Items .................................................................... 99
4.22.3
Barrier Free Parking .......................................................................................................... 100
4.22.4
Drive-through Facilities .................................................................................................... 100
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File P-2690
Page v
4.22.5
Bicycle Storage ................................................................................................................. 100
4.22.6
Schedule for Parking Regulations ..................................................................................... 100
4.23
Parts of Buildings or Structures Permitted Above Height Level .............................................. 104
4.24
Permitted Projections ................................................................................................................ 105
4.25
Prohibited Uses........................................................................................................................ 107
4.26
Sight Triangle ............................................................................................................................ 107
4.27
Signs .......................................................................................................................................... 108
4.28
Streets, Parks, Playgrounds and Community Gardens .............................................................. 108
4.29
Temporary Buildings or Structures During Construction ......................................................... 108
4.30
Use by Public Authority or Public Utility ................................................................................. 109
4.31
Water and Sewage Disposal Systems ....................................................................................... 109
4.32
Zones Applying to More than One Properties .......................................................................... 110
Section 5
ZONES ................................................................................................................................. 111
5.1
Zone Classification ................................................................................................................... 111
5.2
Zones ......................................................................................................................................... 111
5.3
Use of Zone Symbols ................................................................................................................ 112
5.4
Holding Zone "h" Designation ................................................................................................. 112
5.5
Interpretation of Zone Boundaries ............................................................................................ 112
Section 6
RESIDENTIAL FIRST DENSITY (R1) ZONE ................................................................... 114
6.1
Permitted Uses .......................................................................................................................... 114
6.2
Zone Regulations ...................................................................................................................... 114
6.3
Additional Regulations ............................................................................................................. 115
6.4
Zone Exceptions ........................................................................................................................ 115
Section 7
RESIDENTIAL SECOND DENSITY (R2) ZONE .............................................................. 116
7.1
Permitted Uses .......................................................................................................................... 116
7.2
Zone Regulations ...................................................................................................................... 117
7.3
Additional Regulations ............................................................................................................. 118
7.4
Zone Exceptions ........................................................................................................................ 118
Section 8
RESIDENTIAL MULTIPLE (RM) ZONE .......................................................................... 119
8.1
Permitted Uses .......................................................................................................................... 119
8.2
Zone Regulations ...................................................................................................................... 120
8.3
Additional Regulations ............................................................................................................. 121
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File P-2690
Page vi
8.4
Zone Exceptions ........................................................................................................................ 122
Section 9
SEASONAL RESIDENTIAL (RS) ZONE .......................................................................... 123
9.1
Permitted Uses .......................................................................................................................... 123
9.2
Zone Regulations ...................................................................................................................... 123
9.3
Additional Regulations ............................................................................................................. 124
9.4
Zone Exceptions ........................................................................................................................ 124
Section 10
WATERFRONT RESIDENTIAL (RW) ZONE .............................................................. 125
10.1
Permitted Uses .......................................................................................................................... 125
10.2
Zone Regulations ...................................................................................................................... 125
10.3
Additional Regulations ............................................................................................................. 126
10.4
Zone Exceptions ........................................................................................................................ 126
Section 11
INSTITUTIONAL (I) ZONE ............................................................................................ 129
11.1
Permitted Uses .......................................................................................................................... 129
11.2
Zone Regulations ...................................................................................................................... 129
11.3
Additional Regulations ............................................................................................................. 130
11.4
Zone Exceptions ........................................................................................................................ 130
Section 12
GENERAL COMMERCIAL (C1) ZONE ........................................................................ 131
12.1
Permitted Uses .......................................................................................................................... 131
12.2
Zone Regulations ...................................................................................................................... 132
12.3
Additional Regulations ............................................................................................................. 133
12.4
Zone Exceptions ........................................................................................................................ 133
Section 13
HIGHWAY COMMERCIAL (C2) ZONE ....................................................................... 134
13.1
Permitted Uses .......................................................................................................................... 134
13.2
Zone Regulations ...................................................................................................................... 134
13.3
Additional Regulations ............................................................................................................. 135
13.4
Zone Exceptions ........................................................................................................................ 135
Section 14
RECREATIONAL COMMERCIAL (CT) ZONE ............................................................ 137
14.1
Permitted Uses .......................................................................................................................... 137
14.2
Zone Regulations ...................................................................................................................... 137
14.3
Additional Regulations ............................................................................................................. 138
14.4
Zone Exceptions ........................................................................................................................ 138
Section 15
GENERAL INDUSTRIAL (M1) ZONE .......................................................................... 140
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File P-2690
Page vii
15.1
Permitted Uses .......................................................................................................................... 140
15.2
Zone Regulations ...................................................................................................................... 140
15.3
Additional Regulations ............................................................................................................. 141
15.4
Zone Exceptions ........................................................................................................................ 141
Section 16
HEAVY INDUSTRIAL (M2) ZONE ............................................................................... 142
16.1
Permitted Main Uses ................................................................................................................. 142
16.2
Zone Regulations ...................................................................................................................... 142
16.3
Additional Regulations ............................................................................................................. 143
16.4
Zone Exceptions ........................................................................................................................ 143
Section 17
MINERAL AGGREGATE RESOURCE (M3) ZONE .................................................... 144
17.1
Permitted Uses .......................................................................................................................... 144
17.2
Zone Regulations ...................................................................................................................... 144
17.3
Additional Regulations ............................................................................................................. 144
17.4
Zone Exceptions ........................................................................................................................ 145
Section 18
MINING (M4) ZONE ....................................................................................................... 146
18.1
Permitted Uses .......................................................................................................................... 146
18.2
Zone Regulations ...................................................................................................................... 146
18.3
Additional Regulations ............................................................................................................. 146
18.4
Zone Exceptions ........................................................................................................................ 147
Section 19
WASTE MANAGEMENT (M5) ZONE .......................................................................... 148
19.1
Permitted Uses .......................................................................................................................... 148
19.2
Zone Regulations ...................................................................................................................... 148
19.3
Additional Regulations ............................................................................................................. 148
19.4
Zone Exceptions ........................................................................................................................ 148
Section 20
SALVAGE YARD (M6) ZONE ....................................................................................... 149
20.1
Permitted Uses .......................................................................................................................... 149
20.2
Zone Regulations ...................................................................................................................... 149
20.3
Additional Regulations ............................................................................................................. 149
20.4
Zone Exceptions ........................................................................................................................ 150
Section 21
OPEN SPACE (OS) ZONE .............................................................................................. 151
21.1
Permitted Uses .......................................................................................................................... 151
21.2
Zone Regulations ...................................................................................................................... 151
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File P-2690
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21.3
Additional Regulations ............................................................................................................. 151
21.4
Zone Exceptions ........................................................................................................................ 152
Section 22
ENVIRONMENTAL PROTECTION (EP) ZONE .......................................................... 153
22.1
Permitted Uses .......................................................................................................................... 153
22.2
Zone Regulations ...................................................................................................................... 153
22.3
Additional Regulations ............................................................................................................. 153
Section 23
RURAL (RU) ZONE ........................................................................................................ 154
23.1
Permitted Uses .......................................................................................................................... 154
23.2
Zone Regulations ...................................................................................................................... 155
23.3
Additional Regulations ............................................................................................................. 155
23.4
Zone Exceptions ........................................................................................................................ 155
Township of Moonbeam Zoning By-law
File P-2690
Page ix
Explanatory Note
The purpose of this By-law is to implement the Official Plan of the Township of Moonbeam and
to regulate the use of land and the character, location and use of buildings and structures in the
Township of Moonbeam. This By-law applies to all land within the Township of Moonbeam.
The By-law is passed by the authority of Section 34 of the Planning Act. The By-law conforms
conform to the Official Plan for the Township of Moonbeam.
After the date of adoption of this By-law, any new development, redevelopment or alteration to
an existing use or building must comply with the requirements of this By-law before a building
permit can be issued. Applicants are encouraged to pre-consult with the Township on how the
zoning requirements apply.
Changes to the requirements contained in this By-law may be made with prior approval from the
Township as provided for under the Planning Act. Significant changes may require an
amendment to the Zoning By-law. Minor variances to the By-law may be granted by the
Township.
Minor Variances
Criteria for evaluating Minor Variances (section 45(1)) of the Planning Act):
(1)
The general intent and purpose of the Official Plan are maintained;
(2)
The general intent and purpose of the Zoning By-law are maintained;
(3)
The variance is minor; and
(4)
The proposed use of land, building or structure is desirable for appropriate development.
An application for a minor variance must meet all four tests to be approved. Where a proposed
variance is not minor or cannot satisfy the criteria for a minor variance, an amendment to this
Zoning By-law may be required. Applications are available from the Township office or on the
website www.moonbeam.ca
How long does a minor variance application take to be approved?
Upon the receipt of a complete application a minor variance application usually takes 1-2
months to complete. The level of complexity and issues related to the proposal will affect the
time line.
Township of Moonbeam Zoning By-law
File P-2690
Page x
Zoning By-law Amendments
The purpose of this By-law is to implement the Official Plan of the Township of Moonbeam and
to regulate the use of land and the character, location and use of buildings and structures in the
Township of Moonbeam. This By-law applies to all land within the Township of Moonbeam.
The By-law is passed by the authority of Section 34 of the Planning Act. The By-law conforms
conform to the Official Plan for the Township of Moonbeam.
After the date of adoption of this By-law, any new development, redevelopment or alteration to
an existing use or building must comply with the regulations of this By-law before a building
permit can be issued. Applicants are encouraged to pre-consult with the Township on how the
zoning regulations apply.
Changes to the regulations contained in this By-law may be made with prior approval from the
Township as provided for under the Planning Act. Changes may require an amendment to the
Zoning By-law.
Zoning By-law Amendments
The Zoning By-law may be amended where the proposed amendment complies with the
Township's Official Plan. In accordance with the requirements of Section 34 of the Planning Act,
the usual procedure for amendments involves the following steps:
(1)
The person or public body wishing to amend the Zoning By-law must consult with the
municipality before making an application. The application may t hen be made to the
Clerk of the Corporation of the Township of Moonbeam to amend the By-law under
(subsection 34(10.0.1) of the Planning Act). Applications are available from the
Township office (53, avenue St Aubin Avenue. C.P. 330/P.O. Box 330, Moonbeam ON
P0L 1V0) or on the Township's website www.moonbeam.ca Tel. 705-367-2244.
(2)
Designated staff will determine whether the application is a 'complete' application.
Additional information, reports or studies may be required to support the proposed
amendment before the application is considered complete. Council has 30 days from the
date of application to determine whether the application is complete (s. 34(10.1-10.3)). A
complete application also requires that the Township's application fee is paid.
(3)
Once the application is considered complete, staff circulates to the applicant and
prescribed agencies and bodies a Notice of Complete Application (s. 34(10.4)). If
Council deems an application incomplete or does not make a decision within 30 days
from the date of application, the person or public body may appeal to the Ontario
Municipal Board (OMB) to determine whether the application is complete (s. 34(10.5).
(4)
If an application is considered complete, staff advertises that a Public Meeting will be
held in order to consider an amendment to the Zoning By-law. Advertisement is given 20
days in advance of the public meeting (s. 34(12-13, 14.1)). The advertisement may be
placed in the local newspaper, or may be mailed, faxed or emailed to all property owners
Township of Moonbeam Zoning By-law
File P-2690
Page xi
within 120 m of the property affected by the application. Where the notice is mailed, the
applicant must also post a notice in a location on the property to be zoned that is visible
from the adjacent street.
(5)
Council holds a Public Meeting and evaluates the appropriateness of the proposed
amendment. Council considers the proposal's conformity with the Official Plan,
adequacy of services, conformity with the provisions of the requested zone, suitability of
the proposed use in the proposed location, public input, etc. The application must also
be consistent with the Provincial Policy Statement and must also comply with the Growth
Plan for Northern Ontario. If the application is considered satisfactory, the amending By-
law is passed by Council.
(6)
Within 15 days of the passing of the by-law, the Clerk will give written notice of the
decision of Council through a notice in the local newspaper or by mail, fax or email to the
applicant, to all property owners within 120 m of the rezoned property and to anyone
who made a written request to receive notice of the decision (s. 34(10.9, 18)).
(7)
If Council refuses the application and does not amend the zoning by-law, the Clerk must
give written notice with reasons to the applicant. The notice must be given within 15
days of Council's decision.
(8)
Any person who gave their opinion at a public meeting or who submitted their concerns
in writing to the Clerk before the by-law was passed may appeal the decision of Council
to the Ontario Municipal Board. The appeal must be filed with the clerk within the 20 day
appeal period set out in the notice of the passing of the Zoning By-law amendment (s.
34(19)) and must include a cheque for $300 payable to the Minister of Finance. If a
person does not make an oral or written submission prior to council passing the by-law,
they may not appeal Council's decision.
(9)
If Council refuses to approve the application or Council does not make a decision within
120 days from the date the application the person or public body may appeal to the OMB
(s. 34(11)). An appeal of a refusal must be made within 20 days of the date of the
decision.
(10)
Where an appeal is made, Council may opt for mediation or dispute resolution to resolve
the objection by giving notice to the appellant(s) (s. 34 (20.2). Participation by the
appellant(s) is voluntary but where agreed to, the period for mediation is 75 days.
(11)
An amendment to the Zoning By-law takes effect on the day the by-law was passed
where no appeal is filed.
(12)
If a decision or lack of a decision is appealed to the OMB, the Board can make any
decision the Council of the Township had in regard to the specific application (s. 34(26)).
In other words, the OMB can approve, or refuse the application or approve the
application in part.
Township of Moonbeam Zoning By-law
File P-2690
Page xii
How long does a zoning By-law amendment take to be approved?
Upon the receipt of a complete application (including any required supporting studies), a
zoning By-law amendment usually takes 2-3 months to complete. The level of
complexity and issues related to the proposal will affect the time line.
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File P-2690
Page xiii
How to Use this By-law
Step 1 - Locate Your Property and Determine the Zone
Use the zoning schedules (maps) at the end of this document to locate the property
you are interested in. Identify the zone symbol that applies to that property. Zone
examples include R1, RU, M1, C1.
Step 2 - Determine What Uses are Permitted in the Zone
A Zoning by-law is not a static document; it is amended over time as demands and
policies governing land use change. Before proceeding any further, you should verify
that your property is not the subject of an earlier Zoning By-law Amendment. While the
Township strives to keep the By-law up-to-date, more recent amendments may not be
included in the version of the By-law you are using. Township staff will be able to assist
you to confirm if your property has been the subject of a more recent amendment.
Step 3 - Determine What Uses are Permitted in the Zone
Use the Permitted Uses section of the Zone to determine what use(s) is/are permitted
in the Zone. Run your finger down the list to find the use you are interested in. If you
find the use you are interested in, it is permitted in the Zone. Otherwise, it is not
permitted in that Zone.
Step 4 - Determine What Zone Regulations Apply
Once the use is determined to be permitted, move down to the Zone Regulations
section. In this section the regulations will indicate what the minimum regulations will
be, i.e. minimum lot area, lot frontage, building setbacks etc. These standards will help
you determine where you can locate a building or structure on your lot.
Step 5 - Determine if any General Provisions Apply
Development of the property may be affected by Section 4 (General Provisions).
General Provisions can apply to any zone anywhere in the municipality. This section
contains provisions that apply to such matters as Accessory Uses, Height Exceptions,
Home Based Businesses, parking etc. Use this section to determine how a particular
land use might be affected.
For example, Section 4.22 provides the parking requirements for all uses permitted in
the Township. If you are considering changing the use of your property or adding a new
use to your property, you should review Section 4.21 to ensure that you are aware of
the parking requirements.
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Step 6 - Clarify the Meaning of a Use
Throughout the By-law some words are shown in black italicized script. These words
are defined in Section 3 (Definitions). If you are unsure as to what a particular word
means or what the scope of a permitted use includes, then refer to the alphabetical list
of definitions to assist you. This section also contains illustrations which are intended to
help with understanding the definition.
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Page 15
(For example, a site plan drawn to scale should be prepared which illustrates
The true dimensions of the lot to be built upon;
The proposed location, height and dimensions of any proposed building or structure;
The setbacks of all existing and proposed buildings or structures from the nearest lot
lines, the location and dimensions of parking spaces (conventional and barrier-free),
parking aisles, parking areas and loading spaces;
The location of sewage disposal systems and/or wells on the property an on abutting
properties;
Where the proposed building is to be used for residential purposes, the location of all
livestock facilities within 0.5 km [0.31 mi] of the proposed dwelling.)
Section 1
ADMINISTRATION
1.1
Title and Content
This By-law shall be known as the Zoning By-law or By-law No. ______ of the
Corporation of the Township of Moonbeam and shall consist of the text and one or more
schedules attached hereto.
1.2
Application and Building Permits
In addition to the requirements of the Township of Moonbeam Building By-law, every
planning application or application for a building permit shall be accompanied
information required to determine compliance with this by-law. The regulations of this
By-law must be met before a building permit is issued by the Municipality for the
erection of any building or structure.
1.3
Defined Area
The provisions of this By-law shall apply to all lands within the municipal boundaries of
the Corporation of the Township of Moonbeam.
Explanatory Note
Section 1 identifies the administrative controls and requirements of the By-law. It names
the By-law, states its relationship with other By-laws, defines the area to which it applies,
how it is to be enforced, etc. In essence, it identifies the legal parameters within which
the By-law functions.
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1.4
Enforcement
This By-law shall be administered by the Clerk or such other persons as may from time
to time be designated by Council, and no permit for the use of land or for the erection or
use of any building or structure or approval of application for any municipal license
within the jurisdiction of the Council shall be issued or given where the proposed
building, structure or use would be a violation of any provision of this By-law.
1.5
Penalty
Any person who contravenes any provision of this By-law is guilt of an offence and upon
conviction is liable to the fine(s) as provided for under the Planning Act, R.S.O., 1990, c.
P.13, as amended.
1.6
Validity
A decision of a Court stating that one or more of the provisions 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.
1.7
Other By-laws, Licenses, Permits and Regulations
Nothing in this By-law shall exempt any person from complying with the requirements of
any other By-law in force within the area affected by this By-law, or from applying for and
obtaining any permit, license, permission, authority or approval required by this or any
other By-law or regulation of the Corporation or by any other law in force from time to
time.
1.8
Conflict
In the event of a conflict between this By-law and amendments thereto, and any general
or special By-law, the most restrictive By-law shall prevail.
1.9
Effective Date
This By-law shall take effect from the date of its passage by Council, subject to the
provisions of the Planning Act.
1.10 Metric and Imperial Terms
The imperial measurements contained in this By-law are included for convenience and
do not form part of the By-law. The metric measurements contained in this By-law are
the only measurements to be used in determining compliance with the By-law.
1.11 Level of Accuracy
All calculations of the regulations of this By-law shall be to one decimal place, and in no
case shall there be a rounding to such decimal place.
In the event of any conflict between the zone regulations of this By-law, the more
restrictive regulation(s) shall apply.
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1.12 Defined Terms
All defined terms are shown in bold italicised script throughout this By-law.
1.13 Diagrams and Figures
This By-law contains a number of diagrams and figures which are intended to assist with
the interpretation of the By-law; however, they do not form part of this by-law.
1.14 Repeal of Existing By-laws
Upon this By-law coming into effect, any zoning By-laws or amendments thereto passed
under Section 34 of the Planning Act or a predecessor thereto are hereby repealed. The
adoption of this By-law shall not prevent any current, pending or future prosecution or
action to abate any existing violation of previous By-laws.
1.15 Reference to Legislation
Where this Zoning By-law makes reference to legislation, then the references shall be
deemed to mean the statute currently in force and any amendments thereto and all
applicable regulations thereunder.
1.16 Technical Revisions to the Zoning By-law
Revisions may be made to this by-law without the need for a zoning by-law amendment
in the following cases:
1. Correction of grammar or typographical errors or revisions to format in a manner
that does not change the intent of the By-law.
2. Adding or revising technical information on the zoning maps or schedules that
does not affect the zoning of lands including, but not limited to, matters such as
updated and correcting infrastructure information, keys, legends or title blocks.
3. Changes to appendices, headings indices, marginal notes, table of contents,
illustrations, historical or reference information, page numbering, footers or
headers, which do not form part of this By-law and are editorially inserted for
convenience or reference only.
1.17 Repeal
By-law No. 02-09 and all amendments thereto are hereby repealed and replaced with
this By-law.
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Section 2
CONFORMITY REQUIREMENTS
2.1
Compliance
No land, building or structure shall be used and no building or structure shall be
erected or enlarged, altered or placed for any purpose within the area defined by this
By-law, except as specifically, or by necessary implication, authorized by this By-law and
in conformity with all the applicable provisions of this By-law.
2.2
Compliance of Severances
Subject to the granting of such minor variances as may be approved, no lands shall be
severed from any existing lot if the effect of an approval for severance is to cause the
original, adjoining, remaining or new building, structure, lot or use of land to be in
contravention of any provision of this By-law.
2.3
Application to Building
Where a use does not take place within a building, but a regulation in this By-law
imposes a requirement premised on the use being in a building, the requirement applies,
with necessary modifications, as though the actual area occupied by the use was in a
building.
2.4
Minor Variances
All minor variances applied for prior to the enactment of this By-law and finally approved
pursuant to Section 45 of the Planning Act, R.S.O., 1990, c. P.13, as amended, shall
continue to apply and remain in force as if they are variance to this By-law.
In addition to the criteria set out in Section 45 (1) of the Planning Act, the following
additional criteria shall be considered in the review of applications for a minor variance:
1. Development must generally conform to policies and zoning for shoreline
vegetation buffer.
Explanatory Note
This short section establishes the authority of the By-law. It requires that all land
uses, buildings and structures must comply with this Zoning By-law.
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Section 3
DEFINITIONS
3.1
General
Definitions of words and phrases used in this By-law that are not included in the list of
definitions in Section 3 shall have the meanings that are commonly assigned to them as
defined in a dictionary.
3.2
Definitions
Abattoir
Means a building specifically designed to accommodate the penning and slaughtering
of live animals and the preliminary processing of animal carcasses and may include the
packing, treating, refrigeration and sale of the product on the premises.
Accessory
When used to describe a use, building or structure, shall mean a use, building or
structure naturally or normally incidental, subordinate and exclusively devoted to a main
use, building or structure and located on the same
lot therewith [see Figure 3.1].
Accessory Dwelling - see dwelling, Accessory
Accessory Apartment - see Dwelling -
Accessory Apartment
Accessory Dwelling Unit - see Dwelling,
Accessory Dwelling Unit
Explanatory Note
For the purpose of this By-law, the definitions and interpretations given in this
Section shall govern. In this By-law, the word "shall" is mandatory and not
directory; words in the singular include the plural, words in the plural include the
singular; the word "used" includes "arranged", "designed" or "intended to be used".
The word "occupied" shall include "designed to be occupied" and "arranged to be
occupied".
Examples of accessory
buildings or structures are a
detached garage, a storage
shed, a swimming pool or a
satellite dish. Examples of
accessory uses are a home
based business, an apartment
above a store, or a retail outlet
within a manufacturing plant.
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Adventure Game
Means an outdoor sport or recreation commercial establishment operated
commercially in which participants engage in games mimicking combat-type roles and
which may include the use of paint ball or similar equipment.
Adverse Effects
As defined in the Environmental Protection Act, means one or more of:
1. Impairment of the quality of the natural environment for any use that can be
made of it;
2. Injury or damage to property or plant or animal life;
3. Harm or material discomfort to any person;
4. An adverse effect on the health of any person;
Figure 3.1: Accessory Building
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5. Impairment of the safety of any person;
6. Rendering any property or plant or animal life unfit for human use;
7. Loss of enjoyment of normal use of property; and
8. Interference with normal conduct of business.
Aggregate
Means gravel, sand, clay, earth, shale, limestone, dolostone, sandstone, marble, granite,
rock or other material prescribed under the Aggregate Resources Act suitable for
construction, industrial, manufacturing and maintenance purposes but does not include
metallic ores, asbestos, graphite, kyanite, mica, nepheline syenite, salt, talc,
wollastonite, mine tailings or other material prescribed under the Mining Act or the
Aggregate Resources Act.
Agricultural Use
Means the use of land, building(s) or structure(s) for:
1. The growing of crops, including but not limited to nursery and horticultural crops
and all related activities such as soil preparation, manure or fertilizer spreading,
planting, spraying, grain drying, irrigating, harvesting and also including the
storage and sale of the crops produced on the lands.
2. Animal husbandry including the raising, boarding, and keeping of all forms of
livestock, including poultry and fish, aquaculture, apiaries and all related activities
such as breeding, training, feeding and grazing.
3. Agro-forestry, maple syrup production.
4. The production of animal products including but not limited to milk, eggs, wool,
fur, or honey, and all related activities such as the collection, storage and sale of
the products produced on the lands.
5. The use and storage of all forms of on-farm buildings and structures, equipment
or machinery needed to accomplish the foregoing activities.
6. Agricultural use shall not be construed to include commercial activities related to
agriculture such as abattoirs, tanneries and retail sales outlets, (except a farm
produce outlet) or manufacturing and processing activities involving farm crops
or animal products such as cheese factories, grain mills or retail seed sales.
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Agri-tourism Use
Means those farm-related tourism uses, including limited accommodation such as a bed
and breakfast, that promote the enjoyment, education or activities related to a farm
operation.
Agricultural Related Uses
Means the use of land, buildings or structures which are farm-related commercial and
farm-related industrial uses that are directly related to farm operations in the area,
support agriculture, benefit from being in close proximity to farm operations, and provide
direct products and/or services to farm operations as a primary activity.
Aisle
Means the raveled way by which motor vehicles enter and depart parking spaces or
loading/delivery spaces or a parking area.
Alter
When used in reference to a building, structure or part thereof, means:
1. To change any one or more of the internal or external dimensions of such
building or structure; or
2. To change the type of construction of the exterior walls or roof of such building
or structures; or
3. To change the use of such building or structure or the number or types of uses
or dwelling units contained therein.
When used in reference to a lot means:
1. To change the boundary of such lot with respect to a street or lane, whether
such alteration is made by conveyance or alienation of any portion of the lot, or
otherwise; or
2. To change any dimension or area, relating to such lot (e.g. width, depth or area
of a lot or required yard, landscaped open space or parking area); or
3. To change the use of such lot or the number of uses located thereon.
When used in reference to a shoreline means to change, straighten, divert or interfere
in any way with the channel of any water body or the lands surrounding the high water
mark of a water body.
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Altered and alteration shall have corresponding meanings.
Ambulance Facility
Means a building or part thereof where professional paramedics and personnel are
stationed and their motor vehicles and equipment are kept or stored.
Anaerobic Digester
Means a provincially regulated facility designed to convert agricultural and non-
agricultural source materials (e.g., manure, milk washing materials, silage, organic food
wastes) into an energy source (e.g., methane).
Animal Day Care Establishment
Means a commercial premise used for a day care service for domestic pets, but shall
not include an animal shelter or kennel.
Animal Shelter
Means a building, structure where animals, birds or other livestock are examined or
treated and which may be kept on a short term basis, and may include the premises of
a veterinarian or veterinary surgeon, but does not include a commercial kennel.
Apartment Building - see Dwelling - Apartment
Artisan Shop or Studio - see Studio
Asphalt Plant
Means an industrial facility used for the production of asphalt for immediate use in the
paving of roads and driveways and the damp-proofing of buildings or structures.
Assembly Hall - see Place of Assembly
Attached
Means a building or structure otherwise complete in itself which is connected to, and
which depends for structural support upon a division wall or walls shared in common
with an adjacent building or buildings.
Attic
Means that portion of a building immediately below the roof and wholly or partly within
the roof framing.
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Auction Hall
Means a building, a structure or parts thereof, or any lands or premises used for the
storage of goods or materials which are to be sold on the premises by public auction,
and for the sale of the said goods and materials by public auction. An auction barn shall
be included within this definition.
Auditorium - see Place of Assembly
Auto Body Shop
Means a building or structure where painting, refinishing, restoration, alterations, or
repairs are made to motor vehicles and where the services are performed for gain or
profit, but does not include a wrecking or salvage yard or auto repair garage.
Auto Repair Garage
Means a building or structure for the storage, repair and servicing of motor vehicles
or recreational vehicles performed for gain or profit.
Automotive Rental Establishment
Means premises where motor vehicles are stored and rented out to the general public
and may include accessory uses including maintenance, display and sales of such
motor vehicles.
Automotive Sales Establishment
Means land or buildings used for the display, storage and sales or leasing, or renting of
new and/or used motor vehicles and recreational vehicles and related products, and
may include accessory uses such as an auto repair garage and/or auto body shop,
as defined, administrative offices and a customer lounge.
Automotive Service Station
Means a building and/or lot used for the sale of fuels or energy products, for motor
vehicles or recreational vehicles and may include an auto repair garage, the renting,
servicing, repairing, lubrication, cleaning and polishing of vehicles and the sale of
automotive accessories and related products, but shall not include any other automotive
use defined in this By-law [see also Gas Bar].
Automobile Wrecking Yard - see Wrecking or Salvage Yard
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Backlot
Means a lot which is separated from the shoreline by both an intervening waterfront lot
and a street or private road.
Bank or Financial Institution
Means a chartered bank, finance company office, co-op, trust company, loan company
or similar establishment.
Barrier Free
Means that which can be approached, entered and used by persons with physical or
sensory disabilities
Basement
Means that portion of a building below the first floor which is partly underground. [See
Figure 3.4]
Batch Plant, Asphalt or Concrete
Means an industrial facility used for the production of asphalt or concrete products, used
in building or construction and includes but is not limited to facilities for the
administration or management of the business, the stockpiling of bulk materials used in
the production process of finished products manufactured on the premises and the
storage and maintenance of equipment.
Bed and Breakfast Establishment
Means a private single detached dwelling in which guest rooms are provided for gain
as temporary accommodation on a daily basis for the travelling or vacationing public as
an accessory use and where the proprietor lives on the premises.
Bingo Hall
Means a building or part thereof used for bingo or a bingo event.
Boarding House
Means a dwelling other than a single-detached dwelling which contains three (3) or
more rooming units wherein, for remuneration, lodgings, with or without meals, are
provided to the public.
Boat House
Means a one-storey accessory building used for the storage of boats and boating
equipment.
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Boat Launch
Means a use of land adjacent to a water body that is used to launch and remove boats,
marine vessels and watercraft.
Boat Slip
Means a single mooring space for a boat, marine vessel or watercraft forming part of a
dock, boat house or other mooring facility.
Brewery or Winery
Means a building used primarily for the manufacturing, processing and distribution of
beer, cider and wine and may include an accessory retail outlet.
Building
Means any structure consisting of walls, roof and floors used or intended for sheltering
any use or occupancy. The word "building" shall include the whole of such structure or
part thereof.
Figure 3.3
Figure 3.2: Building Envelope
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Building, Accessory -
see Accessory
Building Envelope
Means the buildable area
on a lot, defined by all of
the required yards and
setbacks and the
maximum height
provisions, within which a
building can be erected [see Figure 3.2].
Building Height - see Height
Building Inspector or Building Official - see Chief Building Official
Building, Main
Means a building in which is conducted the principle uses of the lot on which it is
situated [see Figure 3.1].
Building Line
Means a line within a lot drawn parallel or concentric to a lot line establishing the
minimum distance between that lot line and any portion of a building or structure which
may be erected [see Figure 3.3].
Building, Mixed Use
Means a building containing more than one land use (e.g. retail commercial and
residential, office and residential, industrial and retail) that are designed and constructed
as a single building.
Figure 3.3: Building Line
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Building Separation
Means the least horizontal distance permitted between the nearest portions of the walls
of any buildings on a lot [see Figure 3.4]
Building Supply Store or Depot
Means a building where building supplies such as lumber, millwork, siding, roofing,
plumbing, electrical, heating, hardware, air conditioning, home improvement and similar
goods are stored, displayed, or kept for retail or wholesale sale and may include a bulk
storage yard. This definition shall not include a wrecking yard.
Building, Temporary
Means a building or structure intended for removal or demolition within a prescribed
time period not exceeding two years or as set out in a building permit.
Bulk Fuel Depot
Means lands, buildings and structures for the storage, distribution of fuels and oils but
not including retail sales or key lock operations.
Bulk Storage Yard
Means land or a lot used for the storage in the open or partially sheltered, of goods and
materials and without limiting the foregoing shall include lumber, building supplies,
construction equipment, but shall not
include a wrecking yard.
Figure 3.4: Building Separation
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Camp (Hunt Camp, Fishing Camp)
Means a building or structure intended to provide basic shelter and accommodation on
a temporary basis for persons engaged in such activities as hunting, fishing,
snowmobiling, hiking or other similar forms of recreation but does not include a seasonal
dwelling.
Campground
Means an area of land, managed as a unit, providing short term accommodation or
overnight camping for tents, tent trailers, recreational vehicles or truck campers. A
campground may include accessory uses, buildings and structures such as an
accessory dwelling, laundromat, convenience store, pavilion, recreation hall, beach,
the sale of propane fuels or
firewood or other goods or
supplies and equipment
rentals that are accessory to
the operation of the
campground.
Camp Site
Means a parcel of land within
a campground that is
maintained as a site for the
location of a tent, tent trailer,
recreational vehicle or truck
camper, but not a mobile
home.
Canopy
Means a roof-like structure projecting from the exterior face of a building or is a stand-
alone structure over a pump island or gas bar.
Car Port
Means a structure open on at least two sides and intended to be used for the sheltering
of one or more motor vehicles. A car port attached to the main building is not an
accessory structure. [See Figure 3.5]
Car Wash
Means a commercial building or portion thereof used for the washing or cleaning of
motor vehicles. A car wash may be an accessory use.
Figure 3.5: Car Port
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Catering Establishment
Means a commercial establishment or a home based business in which food and
beverages are prepared for consumption off the premises and are not served to
customers on the premises.
Cellar
Means the portion of a building between two floors, which is partly or wholly
underground and which has more than one-half of its height from floor to ceiling or to the
underside of the floor joists below the finished grade [see also Basement and Figure 3.6].
Cemetery
Means a cemetery within the meaning and as regulated by the Cemeteries Act and
includes a mausoleum, columbarium or other building or structure intended for the
interment of human remains.
Cemetery, Pet
Means a use of land for the interment of animal remains.
Chief Building Official
Means an officer or employee of the Corporation charged with the duty of enforcing the
provisions of the Building Code Act.
Church - see Place of Worship
Figure 3.6: Cellar and Basement
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Clinic
Means a building or part thereof used solely for the purpose of consultations, diagnosis
and treatment of patients, by two (2) or more qualified health practitioners and without
limiting the generality of the foregoing, the building may include administrative offices,
waiting rooms, laboratories, professionals (e.g. physicians, dentists, optometrists,
chiropodists, chiropractors or drugless practitioners) and without limiting the generality of
the foregoing, the building may include administrative offices, waiting rooms,
laboratories, pharmacies or dispensaries directly associated with the clinic.
Club, Private
Means a building or part of a building used as a meeting place by an association of
persons who are bona fide members, which owns hires or leases the building or part
thereof, the use of such premises being restricted to members and their guests for
social, cultural, recreational, business or athletic purposes.
Commercial Greenhouse, Nursery or Garden Centre
Means a building and/or outdoor area primarily used for the growing of flowers, sod,
vegetables, shrubs or bushes, trees, landscaping or orchard stock and similar vegetation
for wholesale or retail sale on or off the premises and may include the incidental sale of
gardening supplies, planting materials fertilizers and equipment.
Commercial Parking Lot
Means a lot forming the principal use of the land which is used for the temporary parking
of two or more motor vehicles for profit or gain.
Commercial Use
Means the use of land, buildings or structures for the purpose of buying and/or selling
commodities and supplying services.
Commercial Vehicle
Means a motor vehicle having permanently attached thereto a truck or delivery body
and includes ambulances, hearses, fire apparatus, police patrols, motor buses and
tractors used for hauling purposes on the highway.
Communications Facility
Means an installation which transmits receives and/or relays communications such as a
microwave relay tower, significant antenna, telephone or telegraph line, cellular telephone
tower, radio or television broadcast tower or similar facility approved by Industry Canada.
Community Centre - see Place of Assembly
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Community Garden
Means a site operated by community members and/or a community organization where
lands are used for the growing of produce, flowers and native plants for non-profit use
through individual or shared plots.
Conservation Use
Means the use of lands which are intended to remain open in character with the priority
use given to preservation, protection or conservation of their ecological uniqueness,
wildlife production and their natural features and may include non-commercial
recreational uses.
Contractor's Yard
Means the yard of a building contractor or company used as a depot for the storage and
maintenance of equipment used by the contractor or company, and may include facilities
for the administration or management of the business and the stockpiling or storage of
supplies used in the business, but does not include the crushing of virgin or recyclable
aggregates or materials and the wholesale or retail sale of building supplies or home
improvement supplies.
Continuum-of-Care Facility
Means a building or a group of buildings which may include a senior citizens apartments
building, a nursing home, a long-term care facility, home for the aged, a retirement home,
and facilities associated with, and designed specifically to serve the senior or disabled
population such as clinics, recreation centres, cafeterias and personal service
establishments, and may also include independent senior's accommodation in separate
structures/living units that share in services such as meals. This definition does not
include a group home, boarding house or chronic care facility.
Convenience Store or Confectionary Store
Means a retail store used primarily for the sale of grocery and other daily household
necessities required to fulfil the day-to-day needs of the surrounding community and may
include a video rental outlet.
Convention Facility - see Place of Assembly
Corporation
Means the Corporation of the Township of Moonbeam except where reference is made in
this By-law to a private corporation, in which case the definition shall mean a body
corporate with share capital to which the Business Corporations Act applies.
Cottage Industry - see Home Based Business
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Council
Means the Council of the Corporation of the Township of Moonbeam.
Coverage - see Lot Coverage
Crisis Care Facility
Means a residential facility that is licensed and funded by the Province of Ontario,
Government of Canada or an appointed agency, for the short term, temporary care of
persons requiring immediate emergency shelter and aid who are living under supervision
in a single housekeeping 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.
Custom Workshop
Means a building or structure or part of a building or structure used by a trade or craft
for the individual custom production of articles. The sale of such products shall be
permitted as an accessory use.
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Day Lighting Triangle - see Sight Triangle
Day Care, Private Home
Means the use of a dwelling unit operated commercially for the temporary care of
children
Day Nursery
Means an establishment for pre-school-aged children governed by the Child Care and
Early Years Act.
Deck
Means a structure above the ground cantilevered from a dwelling or building or
supported by the ground with no roof or walls except for visual partitions and which is
used as an outdoor living area.
Detached
When used in reference to a building or structure, means a building or structure which
is not structurally dependent on, nor adjoins on any side, any other building.
Dish Antenna - see Satellite Dish/Receiver
Development
Means the creation of a new lot, a change of land use, or the construction of buildings
and structures requiring approval under the Planning Act and shall be taken to include
redevelopment, but does not include activities that create or maintain infrastructure
authorized under an environmental assessment process, works subject to the Drainage
Act, or underground or surface mining of minerals or advanced exploration on mining
lands.
Dish Antenna - see Satellite Dish/Receiver
Dock
Means an accessory structure used for the mooring of boats, marine vessels or
watercraft which is designed to float freely on the surface of the water and which may be
secured or anchored to the shoreline.
Drive-Through Facility
Means a premise used to provide or dispense products or services through an attendant
or a window or an automated machine, to persons remaining in motor vehicles that are
in a designated queuing space, and may be in combination with other land uses. Kiosks
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within a parking structure necessary for the operation of the parking facility or kiosks
associated with a surface parking area are not considered drive through facilities.
Driveway
Means an unobstructed passageway used to provide access to a lot from a street or
lane.
Driving Range
Means a public or private area operated for the purpose of developing golfing
techniques, including miniature golf courses, but excluding a golf course.
Dry Cleaning or Laundry Outlet means a premises used for the purpose of receiving
articles or goods of fabric to be subjected to the process of laundering or dry cleaning at
another location and may include facilities for the pressing or ironing of such articles.
Dry Cleaning or Laundry Plant means a premise in which the business of laundry or
dry cleaning is housed and where the cleaning, drying, ironing and finishing of such
goods are conducted.
Dwelling
Means a building or part of a building occupied or capable of being occupied as the
home or residence, or sleeping place, by one or more persons, where food preparation
and sanitary facilities are provided, but shall not include a hotel or motel.
Dwelling - Accessory
Means a fully-detached dwelling which is accessory to a permitted non-residential use.
Dwelling - Apartment
Means a building containing three (3) or more dwelling units but shall not include a row
or townhouse dwelling [see Figure 3.7].
Dwelling - Accessory Apartment or Apartment-in-a-House
Means a separate and self-contained dwelling unit (e.g. includes cooking, sanitation and
sleeping facilities) in or added to a single detached dwelling unit.
Dwelling - Accessory Dwelling Unit
Means a self-contained dwelling unit which is accessory to a permitted non-residential
building other than an auto service station or a repair garage.
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Dwelling - Duplex
Means a building that is divided horizontally into two (2) dwelling units, each of which
has an independent entrance [see Figure 3.7].
Dwelling - Mobile Home
Means any dwelling that is designed to be made mobile, and constructed or
manufactured in accordance with standards set out in the Building Code and designed to
provide a permanent residence for one or more persons, but does not include a
recreational vehicle.
Dwelling - Row or Townhouse
Means a building that is divided vertically into three (3) or more dwelling units, each of
which has an independent entrance at grade. [See Figure 3.7]
Dwelling - Seasonal
Means a dwelling constructed as a secondary place of residence and is not the principal
place of residence of the owner or occupier thereof (e.g. cottage).
Dwelling, - Second Residential Unit
Means a second dwelling unit within a permitted single detached dwelling, semi-
detached dwelling, rowhouse that does not otherwise contain an ancillary residential
unit.
Dwelling - Semi-detached
Means a building on a single foundation divided vertically into two (2) separate dwelling
units by a common wall [see Figure 3.7].
Dwelling - Single-detached
Means a detached building containing one (1) dwelling unit [see Figure 3.7].
Dwelling - Triplex
Means a building on a single foundation divided into three (3) separate dwelling units,
each of which has an independent entrance either directly from the outside or through a
common vestibule [see Figure 3.7].
Dwelling Unit
Means one or more habitable room or suites of two or more rooms, designed or intended
for use by and occupied by one or more individuals as a household in which separate
culinary and sanitary facilities are provided for the exclusive use of such household, and
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with a private entrance from outside the building or from a common hallway or stairway
inside the building.
Dwelling Unit Area
Means the floor area of a dwelling unit measured within the interior faces of the exterior
walls of the dwelling unit. The unfinished floor area in the basement shall not be
included in the calculations of the dwelling unit area.
Figure 3.7: Dwelling Types
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Easement
Means the legal right acquired by contract to pass over, along, upon or under the lands of
another.
Eave
Means a roof overhang, free of enclosing walls, without supporting columns.
Entrance
Means in reference to a lot, the area of intersection between a driveway and a street
line.
Equestrian Establishment
Means the use of land, buildings and structures for operation of a horse riding
academy or horse riding stables.
Equipment Rental Establishment
Means a building or part of a building wherein the primary use is the rental of machinery,
equipment, furniture and fixtures and other goods.
Equipment Sales, Service and Repair Establishment
Means a building or part of a building and land where machinery or equipment for use
in construction undertakings, commercial vehicles, and other similar goods are kept for
sale at retail or wholesale and which may be serviced washed or repaired and may
include an auto body shop. (Examples include farm equipment, back hoes, floats or
trailers.)
Equipment and Vehicle Storage Yard
Means an uncovered area of land which is used for the storage of machinery and
equipment for construction undertakings, commercial vehicles, and other similar goods
requiring large areas for outside storage. Limited repair of such machinery, equipment,
vehicles and goods may be permitted in a building provided such repair is clearly
incidental and secondary to the storage use.
Erect
Means to build, construct, reconstruct, renovate, alter or relocate and without limiting the
generality of the foregoing shall be taken to include any preliminary physical operation
such as excavating, grading, piling, cribbing, filling or draining, structurally altering any
existing building or structure by an addition, deletion, enlargement or extension.
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Established Building Line
Means the average setback from the street line of existing buildings measured not
more than 100 m [328 ft.] on one side of one block where more than one-half of the
frontage of the same side of a block has been built upon [see Figure 3.8].
Established Grade
Means:
1. When used with reference to a building, the average elevation of the finished
level of the ground adjoining a wall of the building, measured along the length of
the wall, exclusive of any artificial embankments or berms or steps [see Figure
3.9];
2. When used with reference to a structure, the average elevation of the finished
surface of the ground immediately surrounding such structure;
3. When used with reference to a street, road or highway, the elevation of the street,
road or highway established by a public authority.
Figure 3.8: Established Building Line
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Existing
Means existing as of the date of the passing of this By-law.
Exterior Side Lot Line - see Lot Line, Exterior Side
Exterior Side Yard - see Yard, Exterior Side
Figure 3.9: Established Grade
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Fairground
Means land, buildings and structures used for entertainment, agricultural and related
exhibits, competitive events, food concessions, a carnival or midway which are conducted
on a seasonal or temporary basis and may include grandstands, barns and other
accessory buildings and structures normally associated with such a use.
Farm
Means land used for the tillage of soil and the growing of vegetables, fruits, grains, and
other staple crops. This definition shall also apply to land used for animal husbandry,
dairying or wood lots [see also Agricultural Use].
Farm, Hobby
Means land on which a farm may be operated primarily for recreational purposes or for
home consumption by the occupants of the dwelling on the same lot, and which is
clearly secondary and accessory to the permitted use. A hobby farm may also include a
farm produce outlet.
Farm Produce Outlet
Means an accessory use to a farm which consists of the retail sale of agricultural
products produced on the farm where such outlet is located.
Farmer's Market
Means land, buildings and structures used for the sale of farm products, crafts and
other merchandise of a local farming or rural community and designed for individual
retailers.
Feed Mill
Means a building, structure or area used for the development and production and/or
sale of animal feeds.
Fence
Means any barrier or structure constructed of chain link metal, wood, stone, metal, brick
or other similar materials or combinations of such materials which is erected for the
purpose of screening, safeguarding, retaining or enclosing property or delineating
property lines.
First Storey
Means the storey with its floor closest to but above grade.
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Fitness Centre
Means a building or part of a building in which facilities are provided for recreational or
health related activities including but not limited to weight training and exercise classes
and may include associated facilities and services such as a lounge, washrooms,
showers, and saunas, an administrative office and an accessory retail sales outlet for
fitness-related attire, equipment and dietary supplements.
Flea Market
Means:
1. A building or part of a building where second hand goods, articles and antiques are
offered or kept for sale at retail to the general public but shall not include any other
retail establishment otherwise defined in this By-law;
2. An occasional or periodic market or sales event held in an open area, which may
include a street, or within a building or structure where independent sellers offer
goods, new and used, for sale to the public, but not including private garage sales;
3. A building or open area in which stalls or sales areas are set aside and rented or
otherwise provided, and which are intended for use by various unrelated individuals to
sell articles that are either home grown, homemade, handcrafted, old, obsolete, or
antique and may include the selling of goods at retail by businesses or individuals
who are generally engaged in retail trade;
4. A building or open area where food preserves or fresh produce or prepared foods
are sold, but does not include a restaurant.
Flood Elevation or Floodline
Means a line established by a one in one hundred year storm as established by flood
plain mapping or by an appropriate public authority.
Flooding Hazards
Means the inundation of areas adjacent to a shoreline or river or stream system and not
ordinarily covered by water along river and stream systems, the flooding hazard is the
greater of the flood resulting from the rainfall experienced during a major storm such as
the Timmins Storm (1961), transposed over a specific watershed and combined with the
local conditions, where evidence suggests that the storm event could have potentially
occurred over watersheds in the general area; or the one hundred year flood; or a flood
which is the greater of the above which was actually experienced in a particular
watershed or portion thereof as a result of ice jams and which has been approved as a
standard for that specific area by the Ministry of Natural Resources [see Figure 3.10].
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Flood Plain
For river stream and
small inland lake
systems, means the
area, usually low lands
adjoining a
watercourse, which has
been or may be subject
to flooding hazards.
Floor Area, Gross
Means the total area of
all floors contained
within a building
measured between the exterior faces of the exterior walls of the building and where there
are no walls the total area of a floor within the outer perimeter of the floor.
Floor Area, Ground
Means the floor area of the lowest storey of a building approximately at or above the
established grade excluding any basement or cellar, which area is measured between
the exterior faces of the exterior walls at the floor level of such storey, but excludes car
parking areas within the building; and for the purposes of this paragraph the walls of an
inner court are and shall be deemed to be exterior walls [see Figure 3.11].
Floor Area, Net
Means usable or habitable space above or below grade, measured from the exterior
face of the exterior walls of the building or structure but shall not include:
1. Any private garage, porch, veranda, unfinished basement, cellar or attic; or
2. Any part of a building or structure below grade which is used for building services,
storage or laundry facilities; or
3. Any part of the building or structure used for the storage or parking of motor
vehicles; or
4. Any part of a commercial shopping area used as a hall way, corridor passageway,
utility room, public washroom, balcony or mezzanine not otherwise used for the
display or sale are for merchandise.
Figure 3.10: Flooding Hazard
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Forestry Use
Means the general raising, management and harvesting of wood and shall include the
raising and cutting of fuel wood, pulpwood, saw logs, Christmas trees, other forestry
products and silva culture practices.
Front Lot Line - see Lot Line, Front
Front Yard - see Yard, Front
Frontage - see Lot Frontage
Funeral Home
Means a building or part thereof used for the purpose of furnishing funeral services to
the public, but shall not include a crematorium.
Figure 3.11: Floor Area
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Garage - Private
Means a single storey accessory building or portion of a main building including a
carport which is designed or used for parking or storage of motor vehicles of the
occupants of the premises and in which there are no facilities for repairing or servicing
of such vehicles for remuneration or commercial use.
Garden Centre - see Commercial Greenhouse, Garden Centre or Nursery
Garden Suite
Means a one-unit detached residential building containing sanitary and kitchen facilities
that is accessory to an existing permanent residential building and that is designed to
be portable, but shall not include a mobile home, or a recreational vehicle.
Gas Bar
Means one or more pump islands, each consisting of one or more gasoline pumps, and
a building, structure or booth which may be used by a sales attendant for the sale of
gasoline products and convenience items including but not limited to beverages,
prepared foods, newspapers, lottery tickets sundries and may include other accessory
features such as a comfort station and ATM. [See also Automotive Service Station]
Gazebo
Means a freestanding, roofed accessory structure which is not enclosed, except for
transparent screening (e.g. glass, netting) and which is utilized for the purposes of
relaxation in conjunction with a main use but shall not include any other use or activity
otherwise defined or classified herein [see Figure 3.12].
Figure 3.12: Gazebo
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Geothermal Power Facility
Means a heating facility such as a heat pump whose energy source is naturally created
from the earth's crust.
Golf Course
Means a public or private area operated for the primary purpose of playing the sport of
golf but may also include such accessory buildings and structures as are necessary
for the operation and maintenance of the golf course including club house facilities, a
restaurant, banquet, conference and other uses of a social, recreational and
entertainment nature normally associated with golf course development.
Green Roof
Means a roof of a building where part of or the entire surface of the roof is intentionally
covered with vegetative material.
Greenhouse
Means a building used for the growing of flowers, plants, shrubs, trees and similar
vegetation which are not necessarily transplanted outdoors on the same lot containing
such greenhouse.
Granny Flat - see Garden Suite
Green Energy Industries
Means a building or structure in which products are manufactured for the generation of
electricity from non-polluting or renewable source (i.e. wind, sun, geothermal, biomass).
Products manufactured by a renewable energy industry may include but are not limited
to solar panels, wind turbines, geothermal equipment, anaerobic digesters and parts or
components thereof.
Group Home
Means a single housekeeping unit in a residential dwelling, which is registered with the
Corporation, in which three (3) to ten (10) persons (excluding supervisory or operating
staff) live together under responsible supervision consistent with the requirements of its
residents for a group living arrangement and which is licensed and/or approved under
Provincial Statutes and in compliance with municipal By-laws [see also Crisis Care
Facility].
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Guest Cabin
Means an accessory building, located on the same lot as the main building, which is
used for sleeping accommodation but does not contain any cooking facilities and may
contain sanitary facilities.
Guest Room
Means a bedroom or suite of rooms, which contains no facilities for cooking and which is
used or maintained for gain or hire by providing accommodation.
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Habitable Room
Means a room in a dwelling used or intended to be used primarily for living, dining,
sleeping or kitchen accommodation and may include a bathroom, den, library or
enclosed sunroom but shall not include any private garage, carport, porch, unfinished
attic, unfinished basement or cellar.
Hay Bale
Means a structure composed of hay that is formed by mechanized equipment into a
square, rectangular or round form and
usually bound with string.
Hazardous Lands
Means property or lands that could be unsafe for development due to naturally occurring
process including lands in a flood plain or subject to a flooding hazard or erosion
hazard.
Hazardous Substances
Means substances which individually, or in combination with other substances are
normally considered to pose a danger to public health, safety and the environment.
These substances generally include a wide variety of materials that are toxic, ignitable,
corrosive, reactive, radioactive or pathological.
Height
Means the vertical distance between the established grade and:
1. In the case of a flat roof, the highest point of the roof surface or parapet wall,
whichever is the highest [see Figure 3.13], or
2. In the case of all other types of roofs, the mean height level between the base of the
roof and highest point of the roof [see Figure 3.14].
Where the height is designated in terms of storeys, it shall mean the designated number
of storeys above and including the first storey.
Figure 3.7A
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Figure 3.13: Building Height with Flat Roof
Figure 3.14:Building Height - All Other Roofs
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Heliport
Means a landing area or pad used for the landing and take-off of helicopters and may
include incidental emergency service facilities, fueling facilities and passenger and cargo
areas.
High Water Mark
Means the mark made by the action of water under natural conditions on the shore or
bank of a body of water, which action has been so common and usual and so long
continued that it has created a difference between the character of the vegetation or soil
on one side of the mark and the character of the vegetation or soil on the other side of
the mark.
Highway
Means a street under the jurisdiction of the Provincial government.
Hobby Farm - see Farm, Hobby
Home for the Aged - see Continuum-of-Care Facility
Home Based Business
Means a privately operated legal occupation, enterprise or business which is carried out
as an accessory use to a dwelling unit for pursuits conducted by the occupant thereof
and any employees and is compatible with a domestic household.
Home Industry
Means any privately operated legal occupation, enterprise or business which is carried
out as an accessory use to the main agricultural or rural residential use of a property
and only by the occupant thereof and any employees and is compatible with a domestic
household.
Hospital
Means any provincially regulated institution under the Public Hospitals Act, building or
other premises established to deliver health care services.
Hotel
Means a building designed or used for the accommodation of the travelling or
vacationing public, containing therein five (5) or more guest rooms served by a
common building entrance. Accessory uses may include accommodation for
permanent staff and one or more beverage rooms, dining rooms, meeting rooms,
restaurant or similar uses.
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Industrial Use
Means the use of land, building or structures for the purpose of manufacturing,
assembling, making, preparing, inspecting, ornamenting, finishing, treating, altering,
repairing, warehousing, or storage or adapting for sale of any goods, substances, article
or thing, or any part thereof and the storage of building and construction equipment and
materials as distinguished from the buying and selling of commodities and the supplying
of personal services. This definition does not include a mine, pit or quarry or obnoxious
industry. Accessory uses may include transportation, wholesaling, storage, shipping
and receiving incidental to the industrial use.
1. Class I Industry - Light Industrial
Means a place of business for a small scale, self-contained plant or building which
produces, manufactures, assembles or stores a product which is contained in a package
and has a low probability of fugitive emissions e.g. noise, odour, dust and vibration.
Such industries operate in the daytime only with infrequent movement of products and
/or heavy trucks and no outside storage. 'Light Industrial Uses' or 'Class I Industry' is a
classification and other uses defined in this By-law may be classified as such.
2. Class II Industry - Medium Industrial
Means a place of business for medium scale process and manufacturing with outdoor
storage of wastes or materials (e.g. it has an open process) and where there are
periodic or occasional outputs of fugitive emissions e.g. noise, odour, dust and/or
vibration. Shift operations occur and there is frequent movement of products and /or
heavy trucks during daytime hours. 'Medium Industrial Uses' or 'Class II Industry' is a
classification and other uses defined in this By-law may be classified as such.
3. Class III - Heavy Industrial Uses
Means a place of business for uses characterized as having emissions such as noise,
smoke, odour, fumes or vibrations or extensive outside storage as part of their normal
operations. Such uses include sawmills, pulp and paper mills, refineries, smelting
operations and similar uses which are intended to be secluded from residential or other
sensitive land uses in order to limit any potential adverse effects on the environment
or the surrounding areas and public health. 'Heavy Industrial Uses' or 'Class III Industry'
is a classification and other uses defined in this By-law may be classified as such.
Institutional Use
Means any land, building, structure or part thereof used to provide non-profit or non-
commercial purposes for governmental, educational, charitable, fraternal or other public
services.
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Junk Yard - see Wrecking Yard
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Kennel
Means a commercially operated building or structure where four (4) or more dogs over
the age of six months are kept, bred or boarded. [See also Animal Shelter]
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Landfill Site - see Waste Management Facility
Lane
Means a public thoroughfare other than a street or pedestrian way, improved or not,
which has a right-of-way width of 10 m or less and which provides a secondary means of
for vehicular traffic to abutting lots and which is not intended for general traffic
circulation.
Laundromat
Means a building where coin-operated laundry machines are made available to the
public for the purpose of laundry cleaning.
Livestock
Means animals associated with an agricultural use such as but not limited to cattle,
horses, goats, poultry, sheep, swine or the young thereof, raised for personal use or for
commercial purposes.
Livestock Facility
Means one or more barns or permanent structures with livestock-occupied portions,
intended for the keeping or housing of livestock and includes all manure or material
storages. (Minimum Distance Separation Formulae Implementation Guidelines)
Livestock Sales Outlet
Means a building or structure where livestock are bought and sold.
Loading/Delivery Space
Means an unobstructed area of land which is used for the temporary parking of one or
more commercial motor vehicles while merchandise or materials are being loaded or
unloaded from such motor vehicle.
Logging Operation
Means an area of land and/or building of a logging contractor where equipment and
materials are stored and may include repairs to logging equipment.
Loft-Above-a-Garage
Means the portion of a private garage located above the motor vehicle storage area
which is used for sleeping accommodation and may include sanitary facilities but not
cooking facilities.
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Lot
Means a parcel of land which is capable of being legally conveyed in accordance with
the Planning Act.
Lot Area
Means the total horizontal area measured within the limits of the lot lines of the lot
excluding the horizontal area of any flood plain or wetland area located on such lot. [See
Figure 3.1]
Lot, Corner
Means a lot situated at an intersection of two or more streets, or at the intersection of
two parts of the same street which have an interior angle or intersection of not more than
one hundred and thirty-five (135) degrees.
Where such street lines are curved, the angle of intersection of the street lines shall be
deemed to be the angle formed by the intersection of the tangents to the street lines,
drawn through the extremities of the side lot lines. In the latter case, the corner of the lot
shall be deemed to be that point on the street line nearest to the point of intersection of
the said tangents, and any portion of a corner lot distant not more than 30 m (98.4 ft.)
from the corner measured along the street line shall be deemed to be an interior lot
[see Figure 3.15].
Figure 3.15: Lot Definitions
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Lot Coverage
Means that percentage of land or lot area covered by buildings and structures above
ground level and which excludes that portion of such land or lot area which is occupied
by a building or portion thereof which is completely below ground level, and shall
exclude a fence, a sewage disposal system and an in-ground swimming pool. [See
Figure 3.16]
Figure 3.16: Lot Coverage
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Lot Depth
Means the horizontal distance between the front and rear lot lines. If the front and rear
lot lines are not parallel, "lot depth" shall mean the length of a straight line joining the
middle of the front lot line with the middle of the rear lot line. If there is no rear lot line,
"lot depth" shall mean the length of a straight line joining the middle of the front lot line
with the apex of the triangle formed by the side lot lines [see Figure 3.17].
Lot Frontage
Means the horizontal distance between the side lot lines. Where such side lot lines are
not parallel, it shall be the width of a lot measured between the intersections of the side
lot lines with a line equal to the front yard setback back from and parallel or concentric to
the front lot line. Arc distances shall apply on curved lines [see Figure 3.16].
Lot, Interior
Means a lot other than a corner or a
through lot which has frontage on a street.
Lot Line
Means a boundary line of a lot or the vertical
projection thereof:
Lot Line - Exterior Side
Means a lot line located between the front
and rear lot lines and dividing the lot from a
street [see Figure 3.15].
Lot Line, Front
Means:
1. In the case of an interior lot, the line dividing the lot from the street, street
allowance or private road;
2. In the case of a corner lot, the shorter lot line abutting a street shall be deemed to
be the front lot line;
3. In the case of a corner lot with two street lines of equal length, the lot line that
abuts the wider street, or abuts a highway shall be deemed to be in the front line,
and in the case of both streets being under the same jurisdiction and of the same
width, the lot line where the principal access to the lot is provided shall be deemed
to be the front lot line;
Figure 3.17: Lot Depth and Lot Frontage
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4. In the case of a waterfront lot, the shoreline shall be deemed to be the front lot line
[see Figure 3.18].
5. in the case of a private road, the lot line adjacent to the entrance shall be deemed
to be the front lot line;
6. In all other cases not described above, the front lot line shall be deemed to be where
the principal access or entrance to the lot is approved.
Lot Line, Rear
Means the lot line furthest from, and opposite to, the front lot line [see Figure 3.15].
Lot Line, Side Interior
Means a lot line other than a front lot line, rear lot line or exterior side lot line. On a
lot with more than four sides, any lot line not otherwise defined as a front, rear or side
lot line shall be considered as an interior side lot line [see Figure 3.15].
Lot, Through
Means a lot having a frontage on two parallel or approximately parallel streets and
where such lot qualifies as being both a corner lot and a though lot, such lot shall be
considered as a corner lot [see Figure 3.15].
Lot, Width
Means the average horizontal dimension between the two longest opposite sides
measured on a line 6 m [19.6 ft.] back from the front lot line and parallel to it.
Lot Width, Corner Lot
Means the horizontal distance between the longest front lot line and the opposite side
lot line, measured along a line 6 m [19.6 ft.] back from and parallel to the shorter front
lot line, except in the case:
1. Where the front lot lines are curved, in which case, the lot width shall be calculated
on the basis that the street lot lines are deemed to be the tangents produced to their
points of intersection, from the points of intersection of the side lot lines and curved
street lot line; or
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2. Where a corner lot indicates that a sight triangle has been removed or has a
rounded corner, in which case, the lot width shall be calculated on the basis that the
front lot lines shall be deemed to comprise the street lines produced to their point of
intersection.
Figure 3.18: Waterfront Lots
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Marina
Means a use, building and/or structure with or without docking facilities where boats
are moored, berthed, constructed, stored, serviced, repaired or kept for sale or rent, and
where accessory uses shall include the sale of boat accessories, marine fuels and
supplies and pump-out facilities.
Marine Facility
Means a non-commercial building or structure which is used to moor, berth, or store a
boat. This definition may include a boat launching ramp, a boat lift, marine railway, a
float hangar, dock or boathouse, but does not include any building used for human
habitation or a marina. A marine facility shall also include a water intake facility and any
flood or erosion control structure. No part of a marine facility may be used as a dwelling
unit.
Medical Clinic - see Clinic
Medical Marihuana Facility
Means a premises approved and regulated under the Food and Drugs Act and
associated Food and Drug Regulations.
Microbrewery
Means a commercial operation where beer is produced at a small scale. A microbrewery
may be permitted to sell the product that is produced on-site provided that there is no
consumption of the purchased product on-site other than sampling. A bar, pub or
brewpub shall not be considered a microbrewery. A microbrewery may also sell retail
items directly related to the operation on-site
Mine
Means a mine as defined in the Mining Act. Mining shall have a similar meaning.
Mine Hazard
Means any feature on a mine as defined under the Mining Act or any related disturbance
of the ground that has not been rehabilitated.
Mineral Aggregate Operation
Means:
1. Lands under license or permit, other than for wayside pits and quarries, issued in
accordance with the Aggregate Resources Act, or successors thereto, or a pits and
quarries control By-law enacted under the Municipal Act; and
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2. Associated facilities used in extraction, transport, beneficiation, processing or
recycling of mineral aggregate resources and derived products such as asphalt and
concrete, or the production of secondary related products.
Mineral Mining Operation
Means a mining operation and associated facilities, or, a past producing mine with
remaining mineral development potential that has not been permanently rehabilitated to
another use.
Minimum Distance Separation Formulae I and II
Means formulae developed by the Province to separate uses so as to reduce
incompatibility concerns about odour from livestock facilities.
Mobile Home - see Dwelling - Mobile Home
Mobile Home Park
Means land which has been provided and designed for the location thereon of two (2) or
more occupied mobile homes.
Mobile Home Lot or Site
Means an area, similar to a lot, located in a mobile home park, intended to be or
occupied by a mobile home or a permitted accessory use.
Mobile Home Yard
Means a line similar to a front yard, rear yard, interior side yard or exterior side yard
as applied to a mobile home lot or site.
Motel
Means a building or buildings designed or used for the accommodation of the travelling
or vacationing public, containing therein three (3) or more guest rooms, each guest room
having a separate entrance directly from outside and may include an accessory eating
establishment but does not include a bed and breakfast establishment.
Motocross Circuit
Means an off-road racing facility conducted on an outdoor enclosed dirt circuit over
primarily natural, outdoor terrain and may include spectator facilities such as
grandstands or concourses and fast food concessions.
Motor Home - see Recreational Vehicle
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Motor Vehicle r Vehicle
Means an automobile, commercial vehicle, truck, recreational vehicle, transport tractor,
farm tractor, road building machine, bicycle and any vehicle drawn, propelled or driven
by any kind of power, including muscular power, but does not include a snowmobile or a
street car.
Municipality
Means the Township of Moonbeam.
Museum
Means a building or buildings used, or to be used, for the preservation of a collection of
paintings and/or other works of art, and/or objects of natural history, and/or of
mechanical scientific and/or philosophical inventions, instruments, models and/or
designs, and dedicated or to be dedicated to the recreation of the public, together with
any libraries, reading rooms, laboratories and/or other offices and/or premises used or
to be used in connection therewith.
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Non-Complying
Means any existing building, structure or lot which does not comply with one or more
of the zone regulations and standards of this By-law.
Non-Conforming
Means any existing use, building, structure or lot which is does not conform to the
permitted use provisions of any Zone in this By-law.
Non-Residential Use
Means a use, building or structure, designed intended or used for purposes other than
those of a dwelling or a residential use.
Nursing or Convalescent Home - see Continuum-of-Care Facility
Nursery - see Commercial Greenhouse, Nursery or Garden Centre
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Office
Means a building, structure or part thereof used for conducting the affairs of
businesses, professions, services, industries, governments, or like activities.
Open Space
Means the open, unobstructed space on a lot including landscaped areas, pedestrian
walkways, patios, swimming pools or similar areas but not including any driveway,
ramp, parking spaces or aisles, loading spaces or manoeuvring areas and similar
areas.
Open Storage
Means the storage of goods, merchandise or equipment outside of a building or
structure on a lot or portion thereof. This definition shall not include a storage use
located in a building, a salvage yard, a parking area, a loading space or a parking
space.
Order Station
Means an ordering box, service window, display board or any other device, including
communication equipment, used by the public and operator to facilitate sales and/or
services in a drive-through service facility
Outdoor Display
Means an area set aside outside of a building or structure, other than a parking area,
loading space or parking space which is used in conjunction with a business located
within the building or structure on the same property, for the display of goods,
merchandise, equipment and seasonal produce and products and may include garden
supplies and Christmas trees, new merchandise or the supply of services.
Owner
Means a mortgagee, lessee, tenant, occupant, or a person entitled to a limited estate or
interest in land, a trustee in whom the land is vested, a committee of the estate of a
mentally incompetent person, an executor, an administrator or a guardian.
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Park
Means an area of land, whether enclosed or not, which is used for recreational or leisure
uses including but not limited to a beach, playground, play field, athletic field, field
house, community centre, bleachers, swimming pool, wading pool, splash pad,
greenhouse, botanical gardens, zoological gardens, bandstand, skating rink, tennis
courts, bowling green, boat livery, bathing station, curling rink, refreshment concession,
campground, fair ground, and conservation area.
Parking Area
Means an open area of land, accessory to a permitted use, not located on a public
street, private road or lane which is used for the parking of motor vehicles, but shall
not include any area where motor vehicles for sale or repair are kept or stored.
Parking Lot, Commercial - see
Commercial Parking Lot
Parking Space
Means an area used for the
temporary parking of one motor
vehicle or one horse and buggy.
Parking Space, Barrier Free
Means a parking space for the
temporary parking of a motor
vehicle used by a handicapped or
disabled person (see photo.
Patio
Means a surfaced, open space of land at grade adjacent to a residential dwelling which
is used as an extension to the interior of the home for private entertainment or leisure
activities and is uncovered. In a commercial setting, means an outdoor eating area
accessory to a restaurant where, on a seasonal basis, food and/or refreshments
prepared on the premises are consumed.
Permitted
Means permitted by this By-law.
Permitted Use
Means a use which is permitted in the zone where such use is located.
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Person
Means an individual, an association, a chartered organization, a firm, a partnership, a
corporation, an agent or trustee and the heirs, executors or other legal representatives of
a person to whom the context can apply according to law.
Personal Service Establishment
Means a building wherein a personal service is performed including but not limited to a
barber shop, beauty salon, aesthetician, shoe repair, photographic store, laundromat or
a dry cleaning distribution station but excludes a manufacturing or fabrication of
goods for sale.
Pet Grooming Establishment
Means a premise wherein cleaning, clipping and grooming services are provided for
domestic pets, but shall not include an animal shelter or kennel.
Pit
Means land or land under water from which aggregate as defined herein is being or has
been excavated in order to supply material for construction, manufacturing or industrial
purposes, but shall not include rehabilitated land or an excavation incidental to the
erection of a building or a structure for which a building permit has been granted by the
Corporation, or an excavation incidental to the construction of any public works.
Place of Amusement
Means commercial premises wherein amusement facilities are provided such as a video
arcade, arcade, billiard or pool room but does not include an adult entertainment parlour
or bingo hall.
Place of Assembly
Means a building specifically set aside for and primarily engaged in the operation of arts
and craft shows, trade fairs, fashion shows, public meetings, banquets, conference
meetings, civic, political, social or religious activities a private club or a fraternal
organization and similar activities.
Place of Worship
Means a building or an open area dedicated to religious worship or activities and may
include an accessory dwelling, an accessory dwelling unit or other secondary
meeting facilities and may include accessory uses such as a church hall, auditorium,
Sunday school , parish hall, rectory, manse, cemetery.
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Playground
Means a park or part thereof which is equipped with active recreational facilities oriented
to children [see also Park].
Porch or Verandah
Means a roofed open structure projecting from an exterior wall of a building and having
at least seventy percent of the total area of the vertical planes forming its perimeter
unobstructed in any manner except by railings and stairs with access to grade.
Portable Asphalt Plant
Means a facility with equipment designed to heat and dry aggregate and to mix
aggregate with bituminous asphalt to produce asphalt paving material, and includes
stockpiling and storage of bulk materials used in the process and which is not of
permanent construction, but which is to be dismantled at the completion of the
construction process.
Portable Concrete Plant
Means a building or a structure with equipment designed to mix cementing materials,
aggregate, water and admixtures to produce concrete, and includes stockpiling and
storage of bulk materials used in the process and which is not of permanent
construction, but which is to be dismantled at the completion of the construction process.
Premises
Means the area of a building and lot occupied by a business or enterprise. In a multiple
tenancy building occupied by more than one business, each business area shall be
considered a separate premise.
Principle Use
Means the primary purpose for which a lot, building or structure is used or intended to
be used.
Printing and Processing Service Shop
Means a building or part of a building used by one or more persons who are employed
in the management, direction or conducting of an activity, specifically undertaken to aid
an industrial or commercial office use including photocopying, mail processing,
receiving, distribution, document finishing, laminating, faxing, publishing and packaging.
Private Club - see Club, Private
Private Garage - see Garage, Private
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Private Road
Means a private right-of-way over private property which affords access to two or more
abutting lots or a road created through the registration of a plan of condominium, but
does not include a road established or maintained by a public authority.
Professional Office - see Office
Public Authority
Means the Township of Moonbeam and any Boards or Commissions thereof, and any
Ministry or Department of the Governments of Ontario or Canada, or other similarly
recognized public utility or agencies established or exercising any power or authority
under any special or general statute and includes any committee or local authority
established by By-law of Council.
Public Service Use
Means any use of land, buildings or structures by or on behalf of a public authority,
but does not include a public utility.
Public Street - see Street
Public Utility
Means a building, structure or lot used for public utility services by the Township of
Moonbeam, any Boards or Commissions thereof, any Ministry or Commission of the
Governments on Ontario or Canada, any communications facility, any telephone,
telecommunications, any company supplying natural gas, any electrical utility, or any
public utility company.
.
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Quarry
Means any open excavation made for the removal of any consolidated rock or mineral
including limestone, sandstone or shale, in order to supply material for construction,
industrial or manufacturing purposes, but shall not include an excavation incidental to
the erection of a building or structure for which a building permit has been granted by the
Corporation, or an excavation incidental to the construction of any public works.
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Railroad Use
Means a building, structure or use normally associated with a railroad operation
subject to the Railway Safety Act, R.S.C. 1985, c.32 (4th Suppl.), as amended.
Reconstruction
Means to re-build, erect or assemble a previously existing building or structure.
Recreational Commercial Establishment
Means an establishment, building or structures where any recreational, social or
cultural uses are operated commercially for profit on lands in private ownership, such as
health clubs, open or enclosed skating or curling rinks, open or enclosed pools, open or
enclosed badminton or tennis courts, squash courts, bowling alleys, gymnasia, band
shell or open theatre, and other similar uses except as otherwise specifically defined in
this By-law. [See also Bingo Hall]
Recreational Vehicle
Means any vehicle so constructed that is suitable for being attached to a motor
vehicle for the purpose of being drawn or is propelled by the motor vehicle and is
capable of being used for living, sleeping, eating or accommodation of persons on a
temporary, transient or short term basis, even if the vehicle is jacked up or its running
gear is removed. Examples include a motor home, tent trailer, a camper trailer, a
recreational trailer, a fifth wheel or a bus converted into a motor home. For the purposes
of this definition, a recreational vehicle shall be considered a structure for the purposes
of establishing setbacks only. A recreational vehicle shall not be deemed to include a
mobile home. The definition of a recreational vehicle shall not be interpreted to include
recreational equipment such as boats, boat or vehicle trailers, personal water craft,
snowmobiles, all-terrain vehicles (ATVs) or other equipment used for recreational
purposes and which are normally stored or parked on a lot (see photos).
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Recreational Vehicle Campground - see Campground
Recreational Vehicle Sales and Storage
Means a building and/or lot which are used for the display, storage and/or sale of
boats, and recreational vehicles or recreational equipment.
Recreational Vehicle Repair Garage
Means a building used for the repair, servicing, painting, refinishing, restoration or
alteration of recreational vehicles and boats for gain or profit, but does not include a
salvage yard.
Recycling Depot or Transfer Station
Means a special waste management facility which only serves as a temporary storage
site for clean materials such as glass, paper, cardboard, plastic, metal and other similar
products which will be transferred to another location for reuse. This definition does not
include any other type of waste management system [See also Waste Management
Facility].
Redevelopment - see Development
Refreshment Pavilion (Chip Wagon)
Means a premise that is designed intended or used for the sale of food or refreshments
to the general public and from which food or refreshment is made available to the
customer within a building for consumption outside of the building.
Renewable Energy System
Means a system that generates electricity, heat and/or cooling from a renewable energy
source.
Renovate
Means to strengthen, improve, repair, retrofit or restore to a better state any aspect of an
existing building. Renovation shall not include the removal of more than 50% of the
walls (wall studs) in a building. Renovation shall include the replacement of a
foundation only where the foundation is structurally unsound as determined by the Chief
Building Official.
Residential Care Facility - see Continuum-of-Care Facility
Residential Density
Means the number of dwelling units per hectare of lot area.
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Residential Use
Means the use of land, buildings or structures for human habitation or as a dwelling.
Residential Zone
Means an R1, R2, RM, RS or RW zone.
Restaurant
Means a premise, including a drive-through service facility, in which the principal
business is the preparation and serving of food and refreshments to the public for
consumption at tables within or outside the building and which may include the
preparation of food in a ready-to-consume state for consumption off the premises.
Retail Outlet
Means a single retail store which is accessory to a permitted commercial use.
Retail Store
Means a building wherein goods, wares, merchandise, groceries, substances or articles
are offered for sale to the general public, and may include the limited storage of goods,
wares, merchandise, substances or articles, and shall not include any other use defined
herein.
Retirement Home - see Continuum-of-Care Facility
Right-of-way - see Easement
Road - see Street
Room, Non-Habitable
Means any room located within a dwelling that is not a habitable room, including but so
as not to limit the foregoing, a laundry room, a pantry, a lobby, a stairway, a closet, a
porch, a recreation room, a porch, a balcony, a private garage, an unfinished attic, a
cellar, a boiler room and any space used for the service and maintenance of such
dwelling or for vertical travel between storeys.
Rooming Unit
Means a room or rooms rented as sleeping and living quarters, without cooking facilities
and may include an individual bathroom.
Row House - see Dwelling, Row or Townhouse
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Salvage Yard
Means a lot and/or building or portion thereof where used goods, wares, merchandise,
articles, motor vehicles, machinery or parts thereof are processed or sold for further
use, dismantled or abandoned. This definition may include a junk yard, a wrecking yard,
a scrap metal yard, and an automobile wrecking yard on the premises.
Satellite Dish/Receiver
Means a structure designed, used or intended to be used to send or receive signals to or
from a satellite.
Sauna
Means an accessory building or structure wherein facilities are provided for the
purpose of a sauna bath, either wet or dry, and may include a change/relaxation room,
storage areas and a washroom but not kitchen or sleeping facilities.
Sawmill or Planing Mill
Means a building, structure or area where timber is cut or sawed, either to finished
lumber or as an intermediary step.
Sawmill, Portable
Means equipment which is portable (e.g. may be drawn by a motor vehicle) and is
used on a temporary basis for the cutting of saw logs
School
Means a Provincially-approved institution for academic instruction and shall include a
public, private or separate school, a vocational school, or a post-secondary school
such as a college or university.
Seating Capacity
Means the number of persons which can be accommodated in a building or structure
or part thereof in a seated position on chairs, benches, forms or pews.
Self-Storage Facility
Means a commercial building or part of a building wherein items are stored in
separate, secured storage areas or lockers and may include the exterior storage of
boats and water-related equipment, recreational equipment and recreational vehicles.
Semi-Detached Dwelling - see Dwelling, Semi-Detached
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Sensitive Land Use
Means buildings, amenity areas, or outdoor spaces where routine or normal activities
occurring at reasonably expected times would experience one or more adverse effects
from contaminant discharges generated by a nearby major facility. Sensitive land uses
may be a part of the natural or built environment.
Separation Distance
Means the horizontal distance between buildings
or structures or physical features measured from
the closest point of the exterior wall or identifiable
boundary of such building or structure, or of such
physical structure.
Septage
Means untreated sanitary waste from a septic tank, privy or holding tank.
Service Outlet or Shop
Means a shop for selling, servicing, repairing, installing or renting items and equipment,
including but without limiting the generality of the foregoing: radio or television shop,
locksmith shop, small appliance shop, household and carpenter tool shop, shoe repair, a
copy shop but shall not include a small engine shop or automotive repairs and
automotive services.
Setback
Means:
1. With reference to a street, the least horizontal distance between the front lot line
and the nearest building line.
2. With reference to a water body, the least horizontal distance between the high
water mark and the nearest building line.
3. With reference to a building, structure or land use and not applicable under
paragraph (1) or (2), shall mean the least horizontal distance from the building,
structure or land use in question; and
4. With reference to a private road, shall mean the least horizontal distance between
the edge of the travelled portion of the road and any building or structure, or the
limit of the road as shown and measured on a survey.
Sewage and Water Services
Examples of sensitive land uses
may include, but are not limited
to: residences, day care centers,
and educational and health
facilities.
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Means:
1. Private Communal Sewage Services
Means a sewage works within the meaning of Section 1 of the Ontario Water
Resources Act that serves six or more lots or private residences and is not
owned by the municipality.
2. Private Communal Water Services
Means a non-municipal drinking-water system within the meaning of Section 2 of
the Safe Drinking Water Act, 2002 that serves six or more lots or private
residences.
3. Individual On-Site Sewage Services
Means individual sewage systems as defined in Ont. Reg. 332/12, under the Building
Code Act, 1992 that are owned, operated and managed by the owner of the property
upon which the system is located.
4. Individual On-Site Water Services
Means individual, autonomous water supply systems that are owned, operated
and managed by the owner of the property upon which the system is located.
5. Municipal Sewage Services
Means a sewage works within the meaning of Section 1 of the Ontario Water
Resources Act that is owned or operated by a municipality.
6. Municipal Water Services
Means a municipal drinking-water system within the meaning of Section 2 of the
Safe Drinking Water Act, 2002.
7. Partial Services
Means municipal sewage services or private communal sewage services and
individual on-site water services; or municipal water services or private
communal water services and individual on-site sewage services.
8. Sewage Works
Means any works for the treatment and disposal of sewage in a waste water
stabilization pond and includes hauled sewage.
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Shooting Range or Rifle Club
Means the use of land,
buildings, structures or
premises for commercial or
private recreational target
practice, skeet shooting, pistol
shooting, rim fire and centre fire,
a sporting clay range rifle
shooting, archery, gun or hunter
safety instruction and may
include accessory facilities.
Shopping Centre
Means an integrated
commercial development, the function of which shall be to permit a wide range of retail,
service and office commercial uses.
Shoreline
Means a lot line or portion thereof which abuts or parallels the high water mark of a
water body. [See also High Water Mark.]
Shoreline Buffer Zone
Means a natural area, adjacent to a shoreline, maintained or re-established in its
natural pre-development state, with the exception of minimal pruning of vegetation, the
removal of trees for safety reasons, for the purpose of protecting natural habitat and
water quality and minimizing the visual impact of buildings or structures on a lot, and
may include the installation of a pathway or trail providing water access.
Sight Triangle
Means a triangular space, free of buildings, structures and obstructions, 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 required sight distance from the
point of intersection of the street lines [See Figure 3.19].
Sign
Means any writing, letter work or numeral, any pictorial representation, illustration,
drawing, image or decoration, any emblem, logo, symbol or trademark or any device
with similar characteristics which:
1. Is a structure, or part of a structure, or which is attached thereto or mounted
thereon; and
Figure 3.19: Sight Triangle
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2. Which is used to advertise, inform,
announce, claim, give publicity or
attract attention.
Sleep Cabin - see Guest Cabin
Solar Collector
Means a Class 1 or 2 ground mounted or
rooftop mounted or wall mounted device under the Green Energy and Green Economy
Act, 2009 with a name plate capacity of less than or equal to 10 kW consisting of
photovoltaic panels that collect solar power from the sun (see photo).
Solar Collector, Commercial
Means a Class 3 ground mounted device under the Green Energy and Green Economy
Act, 2009 with a name plate capacity of less than or equal to 10 kW consisting of
photovoltaic panels that collect solar
power from the sun.
Solarium
Means a glassed-in structure or room
projecting from an exterior or main wall
of a building which may be used for
sunning, therapeutic exposure to
sunlight, or for a use where the intent
is to optimize exposure to sunlight.
Stacking Lane
Means an on-site lane for motorized vehicles which accommodates vehicles using a
drive-through facility that is separated from other vehicular traffic and pedestrian
circulation. Stacking lanes may be separated by any combination of barriers, markings
or signage [see Figure 3.20].
Storage Container
Means the trailer portion of a
tractor trailer or transport truck
without the running gear or shall
mean a rail or sea container or
manufactured portable or mobile
storage unit (see photos).
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Figure 3.21: Storey
Figure 3.20: Stacking Lanes
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Storey
Means that portion of a building other than a cellar or basement included between the
surface of any floor and the surface of the floor, roof deck, ceiling or roof immediately
above it [see Figure 3.21].
Street
Means a public thoroughfare, lane, road or highway affording principal means of access
or entrance to abutting properties, and which has been assumed and is maintained by a
public authority.
Street Line
Means the limit of the road or street allowance and is the dividing line between a lot and
a street or private road.
Structure
1. Means 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 recreational vehicle, a sign, a fence, a
swimming pool, a deck, an individual on-site sewage services (i.e. septic tank ).
Studio
Means a building or part thereof used:
1. As the workplace of a cabinetmaker, ornamental welder, photographer, artist, or
artisan or any similar artist or craftsman, where unique articles are made or
fabricated and offered for sale;
2. For the instruction of art, music, languages or similar disciplines.
Swimming Pool
Means an open or covered pool designed to be used for swimming, wading, diving or
recreational bathing which is at least 50 cm [19.6 inches] in depth and may include a hot
tub, inflatable pool or whirlpool.
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Tavern
Means a "tavern" as defined by the
Liquor License Act.
Tea Room
Means a restaurant where the
seating capacity does not exceed
20 patrons.
Temporary Car Shelter
Means a temporary structure erected to
provide shelter primarily to a motor vehicle during winter months and is designed to be
dismantled or removed [see Figure 3.22].
Top of Bank
Means the first significant lake ward break in a ravine slope where the break occurs such
that the grade beyond the break is flatter than 3:1 measured perpendicularly from the
break.
Topsoil Manufacturing Business
Means the storage, screening and sale of topsoil, mulch, stone and related products.
Tourist Establishment
Means land buildings or structures used for the purpose of sleeping accommodation
on a temporary basis by tourists or vacationers, including a motel, lodge or bed and
breakfast establishment, and rental cottage or cabin where more than 3 such rental
units occupy the same property, including accessory uses such as dining, meeting and
beverage rooms and similar uses.
Tourist Outfitters Establishment
Means land, buildings or structures operated throughout all or part of a year which
may or may not furnish overnight accommodation and facilities for serving meals and
furnishes equipment, supplies or services to persons in connection with angling, hunting,
camping or other similar recreational purposes.
Townhouse - see Dwelling - Row of Townhouse
Trailer, Travel Trailer or Recreational vehicle - see Recreational Vehicle
Trailer Park - see Campground
Figure 3.22: Temporary Car Shelter
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Triplex - see Dwelling, Triplex
Transfer Station (See Recycling Depot)
Transportation Depot or Truck Terminal
Means land buildings or structures where commercial vehicles are kept for hire, rental
and/or leased, or stored and/or parked for remuneration and/or from which such vehicles
are dispatched for hire as common carriers and where such land, structure or building
may be used for the storage and/or distribution of goods, wares, and merchandise.
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Use or Used
Means the purpose for which a lot or a building or a structure is designed, arranged,
occupied or maintained.
Use, Accessory - see Accessory Use
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Vehicle - see Motor Vehicle
Veterinary Establishment - see Animal Shelter
Video Rental Outlet
Means a building or part of a building wherein the primary use is the rental of video
tapes and may include the rental of video cassette recorders video cameras, video
games, DVDs and similar electronic devices.
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Warehouse
Means a building or structure or portion thereof used or intended to be used for the
bulk storage and distribution of goods, merchandise, or materials but shall not include
facilities for a transportation depot.
Waste Management Facility
Means land or a site which is licensed or approved by the Ministry of the Environment
and/or its agents where ashes, garbage, refuse, domestic waste, industrial waste, or
municipal refuse compost, excluding radioactive or toxic chemical wastes is disposed of
or dumped. This definition shall include waste transfer stations and recycling depots [see
also Recycling Depot].
Water Access Lot
Means a lot that is accessed by a navigable water body.
Water Body
Means any bay, lake, river, natural watercourse or canal but excluding a drainage or
irrigation channel.
Wayside Pit
Means land from which unconsolidated aggregate is removed by means of open
excavation on a temporary basis for use by a public authority solely for the purpose of a
particular project or contract of road construction and not located on the road right-of-
way.
Wayside Quarry
Means land from which consolidated aggregate is removed by means of open
excavation on a temporary basis for use by a public authority solely for the purpose of a
particular project or contract of road construction and not located on the road right-of-
way.
Welding Shop
Means a building or structure or part thereof where metal products are joined, repaired
or shaped by welding but no mass productions shall be involved.
Wellness Centre
Means a premises devoted to the actively sought goal of good health and includes the
teaching and practice, in both individual and group sessions, of a range of holistic,
alternative and integrative natural health practices and may include meditation,
acupuncture, shiatsu, massage therapies, yoga, and healthy eating programs, and may
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include accessory uses such as administrative offices, physical fitness rooms, and
waiting rooms, directly associated with the premises, but excludes a recreational
commercial establishment.
Wetlands
Means lands that are seasonally or permanently covered by shallow water, as well as
lands where the water table is close to or at the surface. In either case the presence of
abundant water has caused the formation of hydric soils and has favoured the
dominance of either hydrophytic plants or water tolerant plants. The four major types of
wetlands are swamps, marshes, bogs and fens.
Periodically soaked or wet lands being used for agricultural purposes which no longer
exhibit wetland characteristics are not considered to be wetlands for the purposes of this
definition.
Wholesale Establishment
Means a building or part of a building where goods, wares, merchandise or articles are
stored in bulk for sale in wholesale quantities but does not include premises where any
goods, wares, merchandise, substances or articles are offered or kept for sale at retail.
Wind Farm
Means a collection of wind turbines all in the same geographical location which are
used in combination for the generation of mechanical or electrical generation.
Wind Turbine
Means a Class 1 wind facility under the Green Energy and Green Economy Act, 2009
with a name plate capacity less than or equal to 3 kW machine designed and used for
converting the kinetic energy in wind into mechanical energy or electrical energy.
Wind Turbine, Commercial
Means a Class 2, 3 or 4 wind facility under the Green Energy and Green Economy Act,
2009 with a name plate capacity greater than or equal to 3 kW machine designed and
used for converting the kinetic energy in wind into mechanical energy or electrical
energy.
Workshop - see Custom Workshop
Wrecking Yard - see Salvage Yard
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Yard
Means an area of open land between a main wall of a building and a lot line that,
except for landscaping or accessory buildings and projections specifically permitted
elsewhere in this By-law, is unobstructed above grade [see Figures 3.23 & 3.24].
Yard, Front
Means a yard extending across the full width of the lot between the front lot line and a
line drawn parallel or concentric thereto and through the point of the main wall of a main
building closest to the front lot line [see Figures 3.23 & 3.24].
Yard, Rear
Means a yard extending across the full width of the lot between the rear lot line and a
line drawn parallel or concentric thereto and through the point of the main wall of the
main building closest to the rear lot line. Where there is no rear lot line, the rear yard
shall be measured from the intersection of the side lot lines to the closest point of the
main wall of the main building [see Figures 3.23 & 3.24].
Yard Sale
Means the occasional or infrequent sale (e.g. one or two days annually) of household
goods, clothing, furniture, tools, recreational equipment or other second hand articles or
sundry items, usually by the households on an individual property, and may include a
joint sale by neighbours on the same street or a joint sale at a school, a place of
worship or other location.
Yard, Side
Means a yard extending from the front yard to the rear yard between the side lot line
and a line drawn parallel or concentric thereto and through the point of the main wall of a
building closest to the side lot line [see Figures 3.23 & 3.24].
Yard, Side Exterior
Means a side yard adjacent to a street [see Figures 3.23 & 3.24].
Yard, Side - Interior
Means a side yard other than an exterior side yard [see Figures 3.23 & 3.24].
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Figure 3.23: Yard Definitions
Figure 3.24: Yard Definitions
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Zone
Means a designated area of land use demarcated on the Schedules attached hereto.
Zone Regulation
Means any provision of this By-law which is listed under the heading "Zone Regulations"
or referred to as a zoning regulation and governs the erection of any building or
structure or the use of land.
Zoning Administrator
Means the officer, employee or such other person as may from time-to-time be
designated by Council charged with the duty of enforcing the provisions of this By-law.
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Section 4
GENERAL PROVISIONS
4.1
Accessory Buildings, Structures and Uses
4.1.1 General
1. Accessory uses, buildings and structures shall be permitted in all zones
as set out in the list of permitted accessory uses for each specific zone.
2. Accessory uses, buildings and structures shall comply with the zoning
regulations for the zone in which they are permitted. Where there is no
minimum setback or other zone regulation specified for a permitted
accessory building, or structure the minimum yard requirement or other
zone regulation of the applicable zone shall apply.
3. All accessory uses, buildings and structures to a permitted principle use or
main building shall be located on the same lot and in the same zone as the
principle use or main building.
4. Accessory uses, buildings and structures shall not be erected or
established prior to the erection or establishment of the main building or
except for:
a. A permitted temporary building [see Section 4.28] during the term of
an active building permit; or
b. An individual on-site sewage disposal system;
c. A dock on a water access lot.
d. A recreational vehicle where permitted under Section 4.22.4.
e. A detached private garage provided construction of the primary
building shall commence within two (2) years of the issuance of the
building permit for the detached private garage.
Explanatory Note
The General Provisions section of the Zoning By-law sets out regulations which apply regardless
of the specific zoning (Section 5). While the zones provide site specific controls corresponding to
such items as permitted uses and other restrictions, the General Provisions provide regulations
more general in nature . Development must comply with all applicable provisions in the General
Provisions in addition to the requirements of the specific zone standards set out in Section 5
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5. No accessory use shall be erected closer to the front lot line or the exterior
side lot line than the minimum front yard and external side yard setbacks
required for the main building except for:
a. A shelter for use by children waiting for a school bus, if such use is located
in a rural zone;
b. Any farm produce outlet if such structure is located in a rural zone;
c. A freestanding satellite dish/receiver (but not including a
communications facility);
d. Recycling and waste control containers;
e. A sign erected in compliance with the provisions of this By-law or a By-
law enacted under the Municipal Act;
f. A temporary car shelter;
g. A wind turbine or solar collector
All such buildings or structures listed above shall be set back a minimum of
3m [9.84 ft.] from the front lot line or exterior side yard lot line or rear lot
line in the case of a water front lot, and shall comply with the interior side
yard and rear yard setbacks in the zone in which they are located.
6. Common private garages which are detached from the main building may
be mutually centred on the side lot line.
7.
A green roof and a geothermal power facility are permitted accessory
uses in any zone.
8.
A detached private garage may be equipped with sanitary facilities where
the sanitary facilities comply with Section 4.30 - Water and Sewage Disposal
Systems.
9.
A deck is not an accessory use unless detached from a dwelling.
10. All fuel storage tanks above or below ground for any fossil fuels or propane
shall comply with the Technical Standards and Safety Act, 2000 and no
building permit shall be issued without the prior approval of any equipment or
fuel storage facilities by the Technical Standards & Safety Authority.
4.1.2 Accessory Residential Uses
1. One (1) guest cabin or one (1) loft-above-a-garage shall be permitted per
lot as an accessory use to a permitted dwelling in the RS and RW Zones. A
guest cabin or a loft-above-a-garage shall not exceed 50 m2 [538.2 ft.2] in
gross floor area.
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2. No guest cabin or loft-above-a garage shall be located less than 3 m [9.84
ft.] to any interior lot line or rear lot line or main building.
3. No guest cabin or loft-above-a garage shall be permitted on a lot occupied
by a garden suite.
4. A second residential unit shall be permitted as an accessory use to a
single detached dwelling or a semi-detached dwelling or a row or a
townhouse dwelling except in an RS or RW Zone.
See also Section 4.1.9 Garden Suites
4.1.3 Bed and Breakfast Establishments
1. A bed and breakfast establishment shall be permitted as an accessory
use to any permitted single detached dwelling.
2. A maximum of three (3) guest rooms shall be permitted for any one bed and
breakfast establishment. A guest room may include a guest cabin and a
loft-above-a garage within the maximum number of guest rooms permitted.
3. The use of the dwelling as a bed and breakfast establishment shall not
change the residential character of the dwelling.
4. Bed and breakfast establishments shall not be subject to the home based
business requirements of Section 4.11 of this By-law.
5. The bed and breakfast establishment shall comply with any applicable
requirements of the local Health Unit, the Building Code, and the Fire Code.
6. One (1) sign only not exceeding 1 m2 [10.76 ft2] in surface area shall be
permitted to advertise a bed and breakfast establishment. The permitted
sign may be a freestanding sign in a front or side yard or may be attached
to a wall of a permitted building or structure.
7. A breakfast service shall be available to guests.
8. A bed and breakfast establishment shall comply with the applicable parking
regulations of Section 4.22 of this By-law.
4.1.4 Boat Houses
1. One (1) single storey one-bay boat house shall be permitted as an
accessory use to a permitted seasonal dwelling or single detached
dwelling in an RS or a RW Zone.
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2. A boat house shall not erected closer than 5 m [16.4 ft.] from the nearest
adjacent lot line [see Figure 4.1].
3. A boat house shall not be used for sleeping accommodation or human
habitation.
4. A flat roofed boat house may be used as a roof-top deck or patio.
5. The maximum height of a boat house shall be 6 m [19.6 ft.].
6. The provisions for boat houses in this section do not apply to a marina.
4.1.5 Docks
1. Docks shall be limited to floating, cantilevered or post dock construction.
2. Docks shall be built of non-toxic building materials.
3. Any component of a dock located above the high water mark and designed to
anchor the dock to the land shall be excluded from the calculation of the
maximum dock area except where the entire dock is constructed parallel to
Figure 4.1: Boat House
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the shoreline in which case the entire deck area of the dock shall be included
in the calculation.
4. Docks for residential purposes will be built to the following zone regulations:
a.
Maximum dock area 33 m2 [355 ft.2]
b.
Minimum dock width 1.8 m [6 ft.]
c.
Minimum dock width for slips connecting to main dock
1.2 m [4 ft.]
d.
Maximum dock length 20 m [65.6 ft.]
e.
Minimum side yard
5 m [16.4 ft.]
f.
Maximum number of docks per lot
1
5. No dock shall be permitted which constitutes a navigation or safety hazard.
6. In water bodies with a width of 150 m [492.1 ft.] or less, no dock shall be
constructed which will exceed 20% of the width of the water body.
7. No dock with a crib area of greater than 15 m2 [161.4 ft.2] shall be constructed
without a valid permit issued by the Ministry of Natural Resources.
4.1.6 Fences in a Residential Zone
Any fence erected hereafter within the municipality shall conform to the
provisions of any Fence By-law as may from time-to-time be enacted under the
Municipal Act or any provisions for fences as hereinafter set out in this By-law as
follows:
1. The maximum height of a fence in any interior side or rear yard shall be 2
m [6.56 ft.] measured from the established grade.
2. The maximum height of a fence in any front yard or exterior side yard shall
be 1 m [3.28 ft.] measured from the established grade.
3. No fence shall be erected so as to obstruct a sight triangle.
4.1.7 Fences in a Non-Residential Zone
Any fence erected hereafter within the municipality shall conform to the
provisions of any Fence By-law as may from time-to-time be enacted under the
Municipal Act or any provisions for fences as hereinafter set out in this By-law as
follows:
1. The maximum height of a fence in any yard of a non-residential zone shall be
limited to 2.5 m [8.20 ft.] measured from the established grade where the
fence is a chain-link or other similar transparent construction materials or 2 m
[6.56 ft.] for any other materials.
2. No fence shall be erected so as to obstruct a sight triangle.
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3. Section 4.1.6 shall not apply to fences required for a public authority or a
communication facility.
4.1.8 Fences in a Rural Zone
The provisions for fences shall not apply in a rural zone.
4.1.9 Garden Suites
Subject to the passing of a site specific temporary use By-law under Section 39 of
the Planning Act, a garden suite shall be permitted as an accessory use to a
permitted single detached dwelling provided:
1. The minimum lot area conforms to the zone in which the garden suite is to
be located.
2. The maximum gross floor area of the garden suite shall not exceed 50% of
the gross floor area of the principle dwelling on the lot.
3. The maximum height of the garden suite shall be one storey.
4. The garden suite shall be located in a rear or interior side yard and shall
meet the zone regulations for building separation and lot coverage in the
zone.
5. The minimum setback from a rear lot line or interior side yard lot line shall
be 3 m [9.84 ft.].
6. A mobile home which meets the zone regulations of this By-law shall be
permitted as a garden suite.
7. A garden suite shall not be permitted on a lot occupied by an existing
guest cabin or loft-above-a-garage.
4.1.10
Pumphouse
A pumphouse may be erected and used in the shoreline buffer zone provided
its location complies with the minimum interior side yard setback.
4.1.11 Storage Containers in a Residential Zone
No person shall place a storage container in any residential zone except in
accordance with the following:
1. One (1) only storage container shall be permitted.
2. The dimensions of a storage container shall not exceed 6 m [19.6 ft.] in
length, 2.4 m [7.8 ft.] in width or 3 m [9.8 ft.] in height. No stacking of storage
containers shall be permitted.
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3. No single storage container shall be used for human habitation.
4. A storage container shall be located in the rear yard only.
5. The minimum separation distance of a storage container from any other
building shall be 3 m [9.8 ft.].
6. A storage container shall comply with all other yard setbacks in the zone in
which the storage container is located.
7. A storage container shall not be used for the purpose of display or
advertising or as a component of a fence.
8. A storage container not exceeding the dimensions in clause 4.1.11.2 shall be
permitted in a driveway on a residential property for a period not to exceed
five (5) days and only for the purpose of loading or unloading household items
during the process of moving, but in no case shall encroach upon a public
sidewalk or create a site line obstruction to traffic.
9. A storage container shall not be used for the storage of fuels or hazardous
materials.
10. Any storage container shall meet the requirements of the Ontario Building
Code.
4.1.12
Storage Containers in a Non-Residential or Rural Zone
1. Up to three (3) storage containers shall be permitted in a non-residential
zone or rural zone.
2. The dimensions of any storage container shall not exceed 13.8 m [45.2 ft.] in
length, 2.45 m [8.0 ft.] in width or 3.1 m [10.1 ft.] in height. No stacking of
storage containers shall be permitted.
3. No storage container shall be used for human habitation.
4. A storage container shall be located in an interior side yard or the rear yard
only.
5. No storage container shall be located on a designated parking space, aisle
or access driveway.
6. The minimum separation distance from any other building other than
another storage container shall be 2 m [6.5 ft.].
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7. A storage container shall comply with all other yard setbacks in the zone in
which the storage container is located.
8. A storage container shall not be used for the purpose of display or
advertising or as a component of a fence.
9. A storage container shall not be used for the storage of fuel or hazardous
substances.
10. Any storage container shall meet the requirements of the Ontario Building
Code.
4.1.13 Swimming Pools
Private swimming pools, both above-ground and in-ground and both open and
covered, shall be permitted subject to the By-laws of the Municipality regarding
swimming pools and the following regulations:
1. Outdoor Open Pools
a. Open Pool areas shall be totally enclosed by a fence constructed with
vertically boarded wood, chain link, masonry, plastic, metal
construction or a material having an equivalent degree of strength and
having no rails or other horizontal or diagonal bracing or attachments
on the outside that may facilitate climbing and shall have no opening
with a horizontal dimension greater than 75 mm [2.4 inches] and
having a minimum height of 1.8 metres [6 ft.] above the established
grade and which shall be installed to include a self-closing and self-
latching gate which shall be placed at the top of the gate on the pool
side;
b. Where a pool is an above-ground pool, any combination of the pool
wall, surrounding fence or structure totaling a minimum of 1.8 m [6 ft.]
in height above the established grade shall be deemed to meet the
fencing regulations provided that a self-latching gate or equivalent
arrangement is installed to prevent unauthorized entry;
c. A wall or walls of a building or buildings may form part of a swimming
pool fence provided that all openings affording access from a building
directly to an enclosed swimming pool area is/are equipped with a
locking device located not less than 1.8 metres [6 ft.] from the bottom
of the floor;
d. Any building or structure, other than a dwelling, required for
changing clothing or pumping, filtering or storage or any similar
purposes shall comply with the provisions respecting accessory uses
and structures.
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e. No part of an outdoor swimming pool including an associated apron
or platform which is in a front or side yard shall be constructed closer
to a street line than the regulations for a main building in the zone
within which it is located nor closer to the lot line in a rear yard than
the minimum distance required for an accessory use or structure,
and;
f. Notwithstanding the foregoing, outdoor swimming pools which are
accessory to hotels and motels may be located in the front yard
provided the swimming pool meets all other regulations of this By-
law.
g. A hot tub shall be exempted from the fence provisions provided that
the hot tub is adequately secured by a cover equipped with a self-
locking device, which cover shall be kept locked in place over the tub
when the tub is not in use.
2. Indoor Swimming Pools
Indoor pools shall comply to the accessory building regulations
contained in Section 4.1.1 or to the zone regulations where the pool is
part of the main building.
4.1.14 Temporary Car Shelter
1.
Temporary car shelters shall only be located on a parking space or
driveway.
2. The minimum setback of a temporary car shelter shall be 3 m [9.84 ft.] from
a front yard lot line or exterior front yard lot line and 1.5 m [4.92 ft.] from
an interior side yard lot line.
No temporary car shelter shall be erected so as to obstruct a sight triangle.
(See also Section 4.26 Sight Triangle.)
4.2
Automotive Service Station, Gas Bar, Car Wash
Despite any other provisions contained in this By-law, for all zones within which an
automotive service station, gas bar and/or car wash are permitted, the following zone
regulations shall apply:
1. Minimum lot frontage ....................................................................... 50 m [164 ft.]
2. Minimum front yard ......................................................................... 15 m [49.2 ft.]
3. Minimum exterior side yard ........................................................... 15 m [49.2 ft.]
4. Minimum interior side yard .............................................................. 6 m [19.7 ft.]
5. Minimum rear yard ......................................................................... 10 m [32.8 ft.]
6. Minimum setback from a canopy and any lot line ........................... 10 m [32.8 ft.]
7. Minimum setback of any pump island from any lot line ................... 10 m [32.8 ft.]
8. Minimum entrance width for one way entrance ................................... 6 m [19.7 ft.]
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9. Minimum width for a two way entrance ............................................... 9 m [29.5 ft.]
10. Maximum entrance width .................................................................. 12 m [39.4 ft.]
11. Minimum distance between any two entrances and/or exits .......... 22.5 m [73.8 ft.]
12. Minimum distance between an entrance or exit and the intersecting street lines
on a corner lot ................................................................................. 12 m [39.4 ft.]
13. Minimum number of entrances ............................................................................ 2
14. All fuel storage tanks above or below ground for any fossil fuels or propane shall
comply with the Technical Standards and Safety Act, 2000 and no building permit
shall be issued without the prior approval of any equipment or fuel storage
facilities by the Technical Standards & Safety Authority.
4.3
Buildings to be Moved
No building or structure shall be moved within the limits of the Municipality or shall be
moved from outside the Municipality into the Municipality unless the building or
structure is a permitted use and satisfies all the regulations of the zone in which it is to
be located.
4.4
Change of Use
A use of a lot, building or structure which, under the provisions hereof is not permitted
within the zone in which such lot, building or structure is located, shall not be changed
except to a use which is permitted within such zone or as otherwise authorized by the
Committee of Adjustment under Section 45(2) of the Planning Act.
4.5
Cumulative Standards
Notwithstanding anything contained in this By-law, where any land, building or structure
is used for more than one purpose, all provisions of this By-law relating to each use shall
be complied with.
4.6
Established Building Line in a Residential Zone
Despite any other zone regulation of this By-law, in any Residential Zone (see Section
5.2 for list of zones), the front yard setback for a dwelling to be constructed between
existing buildings or adjacent to existing buildings which are separated by no more
than 60 m [196.8 ft.], may be reduced to a setback equal to the average setback of the
said existing buildings or 6 m [19.6 ft.], whichever is the greatest [see Figure 4.2].
Example: where a lot is to be developed for a commercial use and an
accessory dwelling, the number of parking spaces required would include
the combined total of those for the commercial use plus those for the
dwelling.
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4.7
Exception Zone
Where a zone symbol is followed by the suffix "-X" this shall mean that a specific
exception is being made to one or more of the zone regulations of that zone for a
specific area governed by the By-law. All other provisions of the By-law shall continue to
apply. A number after the "-X" (e.g. R-X1) indicates the chronological order of the various
exception zones.
4.8
Flood Plain
No dwelling shall be constructed or extended or expanded below the regulatory flood
elevation of any water body and no person shall use any land or erect, alter or use any
building or structure in the flood plain of any water body except in accordance with
the following provisions:
4.8.1 Permitted Uses within the Flood Plain
1. Buildings or structures intended for flood or erosion control or slope
stabilization;
2. Conservation Use excluding any buildings or structures;
3. Forestry Use excluding any buildings or structures;
4. Parks excluding any buildings or structures;
5. Hydro-electric generating facilities;
Figure 4.2: Established Building Line in a Residential Zone
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6. Marine Facility;
7. Marina; and
8. Infrastructure incidental to a water supply or waste water treatment facility
such as a water intake or sewer outfall but not including the main building of a
water filtration plant or waste water treatment facility.
4.8.2 Prohibited Uses
Buildings and structures shall not be permitted to locate in hazardous lands
where the use is:
1. An institutional use associated with hospitals, a day nursery, a continuum-
of-care facility, and a school, where there is a threat to the safe evacuation
of the sick, the elderly, persons with disabilities or the young during an
emergency as a result of flooding, failure of flood proofing measures or
protection works or erosion.
2. An essential emergency service such as that provided by fire, police and
ambulance stations and electrical substations, which would be impaired during
an emergency as a result of flooding, the failure of flood proofing measures
and/or protection works, and/or erosion; and
3. Associated with the disposal, manufacture, treatment or storage of hazardous
substances.
4.8.3 Flood Plain Zoning Standards
1. No building or structure shall be erected closer than 15 m [49.2 ft.] from the
flood elevation or flood line of a water body.
2. Where no flood elevation or flood line has been established, the setback
from the top of bank shall be 30 m [98.4 ft.].
3. Lands subject to flooding shall not be included in the calculation of the
minimum lot area.
4. For the purposes of this By-law, the flood elevation for Remi Lake is 227.25
m.
4.9
Frontage on a Street
No person shall erect any building or structure or use any land in any zone unless the
lot upon which such building or structure is to be erected or the land to be used has
access to and meets the minimum lot frontage on a street.
4.9.1 Exceptions
Despite the above, access to a lot shall be permitted:
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1. For a permitted use located on an existing private road, easement or a
private road located in a registered condominium.
2. For a resource related use on Crown Land.
3. For a communications facility.
4. For a public utility.
5. For a wayside pit or quarry.
6. For a water access lot or island.
7. For any passive outdoor recreational use or activity such as skiing,
snowmobiling, hiking, mountain biking or similar activities, and
8. Where all other applicable zone regulations are met.
4.9.3
Exception for Existing Agreements
1. Despite Section 4.9.1 where a development or subdivision agreement exists
between the Municipality and a land owner and is registered on title, access
to an unassumed, unopened or unmaintained public right-of-way shall be
deemed to comply to the provisions of this section, provided that the
development is in conformity with the zone regulations set out in the
corresponding zone or any exception thereto.
2. Despite Section 4.9.1, where a legal right-of-way registered on title and
provides for a right-of-way to an existing lot which is developed for a single
detached dwelling or seasonal dwelling as of the date of approval of this
By-law, such uses shall be deemed to comply with the provisions for access of
this By-law.
4.10 Group Homes
A group home shall be permitted in all zones that allow residential uses.
4.11 Home Based Businesses
4.11.1 Scope of Permitted Home Based Businesses
The following home based businesses shall be permitted in any zone where a
home based business is permitted:
1. Professional and consulting services including but not limited to an architect,
engineer, financial advisor, accountant, consultant, legal services, physician,
teleworker.
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2. Instructional services including but not limited to music lessons, dance, art,
academic tutoring.
3. Home craft businesses including but not limited to quilter, potter, jeweler,
painter/visual artist, small scale assembler.
4. A Day nursery or private home day care.
5. Distribution sales office or mail order sales including but not limited to
cosmetics, clothing or small household appliance.
6. An office for a contractor and trades plumber, electrician.
7. Repair services including but not limited to small appliances, computers and
not including auto repair and similar services.
8. High technology uses including but not limited to internet services, office call
centre services, desktop publishing, computer hardware and software
development.
9. Personal care services including but not limited to a hairdresser, barber,
massage therapist, aesthetician.
10. Sale of bait for recreational fishing purposes.
11. Pet grooming, but not including overnight keeping of animals.
12. A Catering establishment.
13. A Studio.
14. Seed sales
15. Gun repairs
16. Home based businesses shall not include an auto body shop or auto
repair garage.
4.11.2 Zone Regulations for Home Based Businesses
1. The home based business shall be clearly accessory to the main permitted
residential use.
2. A maximum of two (2) home based businesses shall be permitted in a
dwelling.
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3. The residential external character of the dwelling shall not be changed.
4. The business(es) shall be conducted entirely within the dwelling in an R1, R2,
RM, or RW Zone.
5. The home based business shall be operated by the owner or occupant of the
dwelling on the lot on which the home based business is operated.
6. The home based business shall not create a public nuisance in regard to
noise, traffic, parking or health safety.
7. The business(es) shall be legal and must have obtained the necessary
permits or licenses from the Corporation and any other applicable
government body having jurisdiction.
8. The home based business(es) shall cumulatively not occupy more than 25%
of the net floor area of the dwelling.
9. No outdoor storage shall be permitted.
10. Only one (1) sign shall be permitted to advertise the home based
business(es). The sign shall not exceed 1 m2 in surface area. The permitted
sign may be a free standing sign in a front or exterior side yard or may be
attached to the wall of a permitted building or structure. The sign may be
illuminated where the illumination is directed onto the sign and complies with
Section 4.13 of this By-law. Signs may also be subject to any sign By-law
enacted by the Municipality under the Municipal Act.
11. Parking for home based business(es) shall comply with Section 4.22 of this
By-law.
4.12 Home Industries
4.12.1 Scope of Permitted Home Industries
The following home industries shall be permitted in any rural zone or any non-
residential zone which permits a residential use:
1. Any of the home based businesses listed in Section 4.11.1.
2. Any agri-tourism use to a permitted agricultural use including a home
based business (as set out above), uses that produce value-added
agricultural products from the farm operation on the property, a farm produce
outlet, a welding or repair shop, commercial school bus or commuter
transportation service, a retail outlet for farm supplies and machinery or other
home industry.
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3. The sale of firewood.
4. An appliance repair.
4.12.2 Zone Regulations for Home Industries
1. The home industry shall be clearly accessory to the main permitted
residential use.
2. A maximum of two (2) home based businesses or home industries or a
combination thereof shall be permitted.
3. The residential external character of the dwelling shall not be changed.
4. The business(es) may be conducted within the dwelling or may be located in
an accessory building or a combination of both if located in a rural zone.
5. The home based business shall be operated by the owner or occupant of the
dwelling on the lot on which the home based business is operated.
6. The home based business shall not create a public nuisance in regard to
noise, traffic, parking or health safety.
7. The business(es) shall be legal and must have obtained the necessary
permits or licenses from the Corporation and any other applicable
government body having jurisdiction.
8. No outdoor storage shall be permitted except for the storage of firewood.
9. The home industry(ies) shall cumulatively not occupy more than 25% of the
net floor area of the dwelling. Where the business is located in an
accessory building the net floor area occupied by the business shall not
exceed 140 m2 [1,506 ft.2].
10. Only one (1) sign shall be permitted to advertise the home based
business(es). The sign shall not exceed 1 m2 in surface area. The permitted
sign may be a free standing sign in a front or exterior side yard or may be
attached to the wall of a permitted building or structure. The sign may be
illuminated where the illumination is directed onto the sign and complies with
Section 4.13 of this By-law. Signs may also be subject to any sign By-law
enacted by the Municipality under the Municipal Act.
11. Parking for home based business(es) shall comply with Section 4.22 of this
By-law.
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4.13 Illumination
Illumination of buildings, structures and grounds shall be permitted provided:
1. Illumination does not cause direct or indirect glare on a street or private road that
may interfere with traffic or pedestrian safety.
2. Illumination does not consist of a colour or be so designed or located that it may
be confused with traffic signals.
3. Illumination does not cause direct or indirect glare on land or buildings or
structures on any adjacent property that creates a public health or safety issue.
4.14 Kennel
A kennel shall only be permitted in the Rural (RU) Zone.
4.15 Land Suitability for Use
Despite any other provision of this By-law, no habitable building or structure shall be
erected, altered or used on land which is unsafe for development by reason of unstable
bedrock, unstable soils, steep slopes, low lying or marshy conditions, or unstable
character.
4.16 Licenses, Permits and Other By-laws
Nothing in this By-law shall exempt any person from complying with requirements of the
Building By-law or any other By-law in force within the Municipality or from obtaining any
permit, license, permission, authority or approval required by this or any other By-law of
the Township of Moonbeam or by any other provincial or federal law in force from time to
time.
4.17 Loading/Delivery Space Regulations
For every building or structure erected for a commercial, institutional or industrial land
use involving the receiving, shipping or unloading of merchandise or other goods,
loading/delivery spaces shall be required in accordance with the following zoning
regulations:
1. Minimum loading/delivery space height clearance ..................... 4.25 m [13.9 ft.]
2. Minimum loading/delivery space width ....................................... 3.75 m [12.3 ft.]
3. Minimum loading/delivery space length ....................................... 10 m [32.8 ft.]
4. Minimum aisle or driveway width leading to a loading/delivery space 6m [19.6 ft.]
5. Minimum no. of loading/delivery spaces ..... 0 for net floor area less than 200 m2
6. Minimum no. of loading/delivery spaces .. 1 for net floor area of 200 m2-1,000 m2
7. Minimum no. of loading/delivery spaces ............... 1 for each additional 1,000 m2
8. All loading spaces shall be located within the property boundaries (lot lines) of
the lot on which they are located.
9. Minimum setback of any required loading/delivery space from any lot line shall
be 3 m [9.84 ft.].
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10. The loading/delivery space regulations shall not apply to existing buildings or
structures, but shall apply to any increase in the net floor area of an existing
building or structure after the date of the passing of this By-law.
4.18 Minimum Distance Separation and Special Setbacks
Despite the zoning regulations in this By-law, no person shall use any land, building or
structure unless the use, building or structure complies with the following
4.18.1 Waste Management Facility
1. No development or land use shall be permitted within 30 m [98.4 ft.] of the
licensed fill area of an active waste management facility.
2. No waste management facility shall be permitted within 30 m [98.4 ft.] from
the high water mark of any water body or wetland.
3. No waste management facility shall be permitted on land covered by water
or in any area subject to flooding.
4.18.2 Pits and Quarries
1. No sensitive land use shall be permitted within 70 m [230 ft.] of the zone
boundary of a pit measured as the shortest horizontal distance between the
lot line of the sensitive land use and the zone boundary of the pit or the
nearest face of the excavation, whichever is the closest.
2. No sensitive land use shall be permitted within 300 m [984 ft.] of a quarry
measured as the shortest horizontal distance between the lot line of the
sensitive land use and the zone boundary of the quarry or the nearest face
of the excavation, whichever is the closest.
4.18.3 Industrial Uses
1. Class I Industrial - Light Industrial: The minimum separation distance
from a sensitive land use and a Class I Industrial use shall be 20 m [65.6 ft.]
and shall be measured as the shortest horizontal distance between the lot
lines of the sensitive land use to the lot line of the Class I Industrial Use.
2. Class II Industrial - Medium Industrial: The minimum separation distance
from a sensitive land use and a Class II Industrial use shall be 70 m [230 ft.]
and shall be measured as the shortest horizontal distance between the lot
lines of the sensitive land use to the lot line of the Class II Industrial Use.
3. Class III Industrial - Heavy Industrial: The minimum separation distance
from a sensitive land use and a Class III Industrial use shall be 300 m [984.2
ft.] and shall be measured as the shortest horizontal distance between the lot
lines of the sensitive land use to the lot line of the Class III Industrial Use.
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4. Where an industrial use or sensitive land use is an existing use and an
expansion or extension is proposed, the minimum separation distance for a
Class I, II or III Industry shall be measured from the nearest main wall of the
building or structure occupied by the sensitive land use and the nearest
main wall of the building, structure, processing area, assembly or
manufacturing area occupied by the industrial use.
4.18.4 Minimum Distance Separation Formulae I and II
1. The Minimum Distance Separation Formulae I and II of the Ministry of
Agriculture, Food and Rural Affairs shall apply to new or expanding livestock
facilities and the establishment of residential uses or vice versa on
properties adjacent or in proximity to livestock operations, but shall not apply
between a dwelling and a livestock facility on the same lot.
2. Any new sensitive land use located on a lot greater than 1 ha [2.47 ac]
created after the date of passing of this By-law shall comply with the Minimum
Distance Separation Formulae I as amended by the Province from time to
time, where applicable. The Minimum Distance Separation Formulae I shall
not apply to existing lots of record 1 ha [2.47 ac] or less.
3. Despite anything in this By-law to the contrary, where an existing sensitive
land use that does not comply with the Minimum Distance Separation
Formulae I is destroyed or rendered uninhabitable by fire or other natural
cause, the building or structure may be reconstructed where the new
building or structure is located no closer to a livestock facility than the
original building or structure and the gross floor area and height are not
increased.
4. The Minimum Distance Separation Formulae I shall not apply to the
erection of a new dwelling that does not comply with the Minimum Distance
Separation Formulae I where there are four or more existing non-farm uses
closer to the subject livestock facility provided that the new dwelling is not
constructed closer to the livestock facility than the four or more existing non-
farm uses.
5. The Minimum Distance Separation Formulae I shall not apply to the
construction of accessory buildings and structures to a permitted existing
dwelling on the property (e.g. deck, garage, gazebo, greenhouse, picnic
area, patio, shed).
6. The Minimum Distance Separation Formulae I shall not apply to proposed
non-agricultural uses within an approved settlement area.
7. The Minimum Distance Separation Formulae I shall not apply to any
cemetery that is closed to further use or receives low levels of visitation.
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4.18.5 Water Bodies
1. Subject to Section 4.8, the minimum setback from the high water mark for
dwelling, a non-residential or accessory building or structure or an
individual on-site sewage service shall be 30 m [98.4 ft.] except for a
marine facility. The setback shall be measured as the shortest horizontal
distance from the nearest main wall of the building or the edge of the filter
bed/tile bed to the high water mark. Despite the above the minimum setback
on a lot of record existing on the date of the adoption of this By-law shall be
20 m [65.6 ft.].
2. A shoreline buffer zone shall be maintained between the high water mark
and any permitted use, building or structure except a marine facility in a
RS, RW and RU Zone. A shoreline buffer zone may be interrupted to provide
for an access way or pathway to a water body or to provide for a viewscape
of the adjacent or abutting water body provided that an clearing of the
shoreline buffer zone shall not exceed 9 m [29.5 ft.] on a lot occupied by a
residential use.
4.18.6 Wetland
No dwelling, non-residential or accessory building or structure or an individual
on-site sewage service shall be permitted within 30 m [98.4 ft.] of the boundary of a
significant wetland or fish habitat.
4.18.7 Hay Bales
No hay bales which are stacked more than two bales high shall be located closer
than 45 m [150 ft.] from the nearest public road. The setback shall be measured as
the shortest horizontal distance from the hay bales to the road allowance.
4.18.8 TransCanada Pipeline
No dwelling, non-residential or accessory building or structure or an individual
on-site sewage service shall be permitted within 10 m [32.8 ft.] of the boundary of
the right-of-way of the TransCanada Pipeline corridor.
4.19 Non-Conforming Uses
4.19.1 Continuance of Existing Uses
Nothing in this By-law shall prevent the enlargement, repair, renovation,
reconstruction, or structural alteration of a building, or structure that existed one
day prior to this By-law coming into effect, and which does not comply with the zone
regulations or other requirements of this By-law provided:
1. The enlargement, repair, renovation, reconstruction, or structural alteration
does not increase the situation of non-compliance; and
2. The enlargement, repair, renovation, reconstruction, or structural alteration
does not pose a threat to public health or safety; and
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3. All other applicable provisions of this By-law are complied with.
4.19.2 Non-Complying Lots
1. Despite anything else contained in this By-law, where a vacant lot having a
lesser lot frontage and/or lot area than is required by this By-law is held
under distinct and separate ownership from adjoining lots, according to the
register for land in the Land Titles, or Registry Office, on the date of the
passing of this By-law, it may be used for a purpose permitted in the zone
in which the said lot is located, provided that no such lot has a lot area of
less than 2,000 m2 [21,529 ft.2] in a RS, RW or RU Zone or cannot be
adequately serviced with water and sewage services and provided all
other applicable zone regulations in this By-law are complied with.
2. A non-complying lot that existed on the date of the passing of this By-law,
and which does not comply with the minimum lot frontage and/or minimum
lot area zone regulations of this By-law may be enlarged by a lot addition
and the resultant lot shall be deemed to comply with all the zone
regulations of this By-law including the minimum lot frontage and
minimum lot area. All zone regulations applicable to any existing
buildings on the resultant lot shall thereafter be deemed to comply with the
zone regulations of this By-law.
4.19.3 Non-Conforming Uses
Nothing in this By-law shall apply to prevent the use of any land, building or
structure for any purpose prohibited by the By-law if such land, building or
structure was lawfully used for such purpose on the day of the passing of the By-
law so long as it continues to be used for that purpose. The non-conforming use
of any land, building or structure shall not be changed or enlarged except to a
use which is in conformity with the provisions of the zone in which the land,
building or structure is located, or without permission from the Committee of
Adjustment pursuant to the Planning Act. Where the non-conforming use ceases,
the use will be deemed to have been discontinued.
4.19.4 Reconstruction of a Non-Conforming Use
1. Nothing in this By-law shall prevent the strengthening, restoration or
reconstruction of any non-conforming building or structure which
existed on the date of the passing of this By-law, provided that the
strengthening, restoration or reconstruction does not increase the building
height, size or volume or change the use of such building or structure,
except such minor changes as may be expressly required for the restoration
of the building or structure to a safe condition.
2. Nothing in this By-law shall prevent the strengthening, restoration or
reconstruction of any non-conforming building or structure is destroyed
or rendered uninhabitable by fire or other natural cause, provided the height
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and gross floor area are not increased, and the new building or structure is
erected or on the same building footprint.
4.19.5 Prior Building Permits
Nothing in this By-law shall prevent the erection or use of any building or structure
for which a building permit has been issued under the Building Code Act prior to the
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 and provided the
permit has not been revoked under the Building Code Act.
4.19.6 Road Widening
Nothing in this By-law shall prevent the use of any land, building or structure or the
erection of any building or structure on a lot which does not comply to the minimum
lot frontage and/or lot area and/or front yard setback and in the case of a corner
lot, the exterior side yard setback, as a result of a road widening taken by the
Township of Moonbeam or the Ministry of Transportation of Ontario, provided all other
regulations of this By-law are complied with.
4.19.7 Addition to Existing Building or Structure
Nothing in this By-law shall prevent the extension or addition to a building or
structure which is used for a purpose specifically permitted within the zone in which
such building or structure is located and which building or structure existed at the
date of passing of this By-law but which building or structure does not comply with
one or more of the zone regulations of this By-law, provided such extension or
addition does not further reduce the regulations of this By-law.
4.20 Occupancy Restrictions
Human habitation shall not be permitted in any of the following buildings, structures, or
parts thereof:
1. Any private garage or other building or structure which is accessory to a
residential use.
2. Any truck, bus, coach or streetcar body whether or not the same is mounted on
wheels.
4.21 Open Storage and Outdoor Display
No person shall use any lot or part thereof for open storage, or outdoor display except
as permitted by this By-law and as an area which has been specifically designed and set
aside for such purpose, is fully integrated with the main use of the lot and is in
accordance with the following:
1. Open storage shall not be permitted within any required front yard and no closer
than 5 m [16.4 ft.] to any interior side lot line or rear lot line.
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2. Where open storage areas abut a Residential Zone (see Section 5.2 for list of
zones), the required setback of the open storage area shall be increased 10 m [32.8
ft.] and shall also be visually screened from any residential use.
3. An outdoor display area shall be permitted as an accessory use to any permitted
commercial use, industrial use or public service use provided that the outdoor
display area does not reduce any required parking area or loading space required
by this By-law. All outdoor display areas shall be setback a minimum of 3 m [9.84 ft.]
from any front lot line or interior side lot line. Despite the above, seasonal sales of
Christmas trees or a temporary (i.e. weekend) or a yard sale shall be permitted to
occupy a designated parking area.
4.22 Parking, Motor Vehicles, Bicycles and Drive-Through Facilities
4.22.1 General
1. Except as provided herein, no motor vehicles shall be parked or stored in
any zone (see Section 5.2 for list of zones) unless the motor vehicle is
located within a garage, carport, driveway, parking area, or on a street as
permitted by Municipal By-law.
2. No parking space in a Residential Zone (see Section 5.2 for list of zones)
shall be used for the outdoor parking or storage of a motor vehicle unless
such motor vehicle is used in operations incidental to the residential use of
the lot on which it is parked or stored and bears a motor vehicle license plate
or sticker which is currently valid.
3. Each standard parking space or vehicle space in a stacking lane shall have
a minimum width of 2.6 m [8.5 ft.] and a minimum length of 5.5 m [18 ft.] and
each barrier-free parking space shall have a minimum width of 3 m [9.8 ft.]
and a minimum length of 6 m [19.6 ft.].
4. Unless permitted elsewhere in this By-law, where two or more uses are
permitted in any one building or structure on any lot, then the off-street
parking regulations for each use shall be calculated as if each use is a
separate use, and the total number of off-street parking spaces so calculated
shall be provided.
5. The regulations for parking spaces 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 and no change in
use occurs. If an addition is made to the building or structure which
increases the gross floor area or a change in use occurs than parking
spaces for the addition or area changed in use shall be provided.
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6. Supplementary regulations for parking spaces for dwellings in Residential
Zones (see Section 5.2 for list of zones) shall be as follows;
a. The driveway and parking space shall be constructed of crushed stone,
asphalt paving, concrete, paver stones or similar materials.
b. No more than fifty percent (50%) of the area of any required front yard
shall be used or constructed as a driveway or parking space.
c. No more than fifty percent (50%) of the lot frontage as defined by this By-
law shall be used or constructed as a driveway or parking space.
7. Supplementary regulations for a parking area for more than four motor
vehicles shall be as follows:
a. The parking area shall be constructed of crushed stone, asphalt paving,
concrete, paver stones, or similar materials.
b. Ingress and egress directly to and from every parking space shall be by
means of a driveway, lane or aisle having a width of at least 6 m [19.7 ft.]
for two-way traffic and 4 m [13.1 ft.] for one-way traffic where parking is
angled.
c. A driveway or lane which does not provide ingress and egress directly to
a parking space, shall have a minimum width of 3.5 m [11.4 ft.] where
designed for one-way vehicular circulation or 6 m [19.7 ft.] where designed
for two-way vehicular circulation.
8. Where the calculation of the minimum number of parking spaces required
results in a fraction, the minimum requirement shall be the next higher whole
number.
9. Driveway Entrance Location
No driveway on a corner lot shall be located closer than 15 m [49.2 ft.] from
the edge of the travelled road of an intersection of a local road or 20 m [65.5
ft.] from the intersection of a collector road or provincial highway.
4.22.2 Recreational Vehicles and Recreational Items
1. Within any Residential Zone (see Section 5.2 for list of zones), no more than
the following number of recreational vehicles and other recreational items
shall be permitted on any one lot:
a. One (1) only recreational vehicle
b. Two (2) boats excluding canoes and kayaks
c. Three (3) snowmobiles
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2. Any permitted recreational vehicle or recreational item listed above shall be
parked in a permitted parking space or located in an interior side yard or
rear yard.
4.22.3 Barrier Free Parking
One barrier free parking space shall be required for any use requiring 10
standard parking spaces or more and barrier free parking spaces shall be
provided at a ratio of one barrier free parking space for each 25 standard
parking spaces and shall be included as part of the total number of standard
parking spaces required.
4.22.4 Drive-through Facilities
Despite any other zone regulation in this By-law, where a use of land, building
or structure incorporates a drive-through facility, the following zone
regulations shall apply:
1. A drive-through facility shall be a permitted use in the C1 and C2 Zones.
2. A drive-through facility is a principle use in combination with another
permitted use and shall comply with the zone regulations in the zone in
which the drive-through facility is located.
3. The minimum dimensions of a vehicle space in a stacking lane shall be 2.6 m
by 5.5 m [8.5 ft. x 18 ft.].
4. No part of any order station shall be located closer than 10 m [32.8 ft.] from
the property boundary of any property occupied by or zoned for a residential
use.
5. All drive-through facilities shall comply with the zone regulations for
parking areas set out in Section 22 of this By-law.
6. Stacking lanes for any drive-through facility shall be designed to
accommodate a minimum of eight (8) motor vehicles.
4.22.5 Bicycle Storage
Any building, (except an existing building), with a net floor area of 250 m2
[2,691 ft.2] used for a commercial use shall install a bicycle storage rack
designed to securely store a minimum of ten (10) bicycles, and such bicycle
storage rack shall be located within 15 m [49.2 ft.] of the main entrance of the
building.
4.22.6 Schedule for Parking Regulations
In any zone, the owner or occupant of any building or structure erected,
enlarged or changed in use after the date of passing of this By-law shall provide
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off-street parking spaces in accordance with the minimum number of parking
spaces set out in Table 4.22A as follows:
Table 4.22A - Schedule for Parking Regulations
USE
MINIMUM NUMBER OF REQUIRED
PARKING SPACES
Residential:
Accessory dwelling
Duplex Dwelling
Guest House
Mobile home
Seasonal dwelling
Semi-detached dwelling
Single-detached dwelling
2 spaces per dwelling unit
Residential:
Accessory apartment
Apartment dwelling
Multiple-unit dwelling
Row or townhouse dwelling
Triplex dwelling
1.5 spaces per dwelling unit, 15% of which
shall be reserved as visitor parking
Residential:
Bachelor dwelling unit
Garden suite
Second Residential Unit
Senior citizen dwelling
1 space per dwelling unit or 1 space per 38
m2 [409 ft.2] whichever is greater
Animal Shelter
1 space per 30 m2 [322.9 ft.2] of gross floor
area
Auto body shop, auto repair shop, automotive
service station, gas bar, recreational vehicle
repair and garage, car rental agency
3 spaces per service bay plus
1 space per employee; minimum 6 spaces
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Table 4.22A - Schedule for Parking Regulations
USE
MINIMUM NUMBER OF REQUIRED
PARKING SPACES
Assembly hall, auction hall, auditorium,
banquet facility, dance hall, entertainment
establishment, stadium, theatre, bingo hall,
funeral home and similar places of assembly
The greater of 1 space for every 4 seats or 1
space for every 12 m2 [129.1 ft.2] of assembly
space
Bed and Breakfast Establishment
1 space for each guest room available to the
travelling public in addition to the required
parking for the dwelling
Building supply store, lumber yard, garden
centre, nursery, equipment and vehicle
storage yard
1 space for each 22 m2 [236.8 ft.2] of gross
floor area and
1 space for each 35 m2 [376.2 ft.2] of open
storage
Clinic
3 spaces per medical practitioner
Convenience store
1 space per 18 m2 [193.7 ft.2] of gross floor
area
Continuum-of-Care Facility
1 space for every 6 patient beds plus
1 space for every 4 employees
Crisis Care Facility
2 spaces minimum in addition to the required
parking for a dwelling or if not located in a
dwelling, 1 space per 38 m2 [409 ft.2] of gross
floor area
Day nursery
1 space per employee and 1 space per 5
children or 1 space for every 15 children
registered or fraction thereof
Drive-through facility
1 parking space per 10 m2 [107.64 ft.2] of
gross floor area
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Table 4.22A - Schedule for Parking Regulations
USE
MINIMUM NUMBER OF REQUIRED
PARKING SPACES
Equipment Rental Establishment, Equipment
Sales Establishment, Equipment Service and
Repair Establishment, automotive sales
establishment, recreational vehicle sales
establishment
1 space per 35 m2 [376.7 ft.2] of open storage
or gross sales area plus 1 space per
employee
Factory Outlet, Retail Outlet
1 space per 28 m2 [301.3 ft.2] of gross floor
area plus required spaces for an industrial
use or commercial use
Garden centre and nursery
1 space per 30 m2 [322.9 ft.2] of gross floor
area
General business including: adult video
rental, animal day care establishment, bake
shop, bank, brewery and winery, catering
establishment, commercial and personal
service establishment, dry cleaning or
laundry outlet, office, grocery store,
laundromat, microbrewery, pet grooming
establishment, rental store, retail store,
service outlet or shop, shopping centre,
tourist outfitters establishment, video rental
outlet, wholesale establishment
1 space per 28 m2 [301.3 ft.2] of gross floor
area
Group Home
2 spaces plus the required parking for the
dwelling
Home Based Business, Home Industry
A minimum of one (1) parking space and a
maximum of three (3) parking spaces shall
be permitted in addition to the required
parking for the dwelling
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Table 4.22A - Schedule for Parking Regulations
USE
MINIMUM NUMBER OF REQUIRED
PARKING SPACES
Hotel, Motel, tourist establishment
1 space per guest unit, plus
1 space per 12 m2 [129.1 ft.2] of gross floor
area dedicated to administrative, banquet
and meeting facilities
Industrial use, abattoir, agriculturally related
use, bakery
1 space per 30 m2 [322.9 ft.2] of gross floor
area
Industrial Use for storage including a
warehouse, cold storage facility,
transportation depot or truck terminal
1 space per 75 m2 [807.3 ft.2] of gross floor
area
Place of amusement, arcade, recreational
commercial establishment, fitness centre,
massage parlour, wellness centre
1 space for every 4 persons that can be
accommodated
Place of worship
1 space for every 5 seats, fixed or otherwise
Restaurant, Tavern, Tea Room
1 parking space per 10 m2 [107.64 ft.2]
School - elementary
1.5 spaces per classroom plus 6 spaces for
visitors
School - secondary or private
4 spaces per classroom plus 8 spaces for
visitors
4.23 Parts of Buildings or Structures Permitted Above Height Level
1. The height regulations in this By-law shall not apply to any of the following:
a. Air conditioning system
b. Chimney
c. Church spire or belfry or turret
d. Communications facility
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e. Drying tower
f. Elevator or stairway enclosure
g. Enclosed mechanical and electrical equipment
h. Farm buildings and structures including but not limited to a barn, silo or windmill
i. Flag pole
j. Hydro electric transmission tower or pole
k. Ornamental dome or clock tower
l. Receiving and transmitting antenna
m. Receiving stations
n. Satellite dish/receiver
o. Skylight
p. Solar collector/commercial solar collector
q. Ventilating fan or skylight
r. Water tower
s. Wind Turbine/commercial wind turbine
2. The minimum setbacks in all directions for a communications facility shall be the
equivalent of the height of the tower except where such facility is authorized and/or
approved by Industry Canada.
4.24 Permitted Projections
Every part of any yard required by this By-law shall be left open and unobstructed by any
structure from the ground to the sky except that those structures listed in Table 4.25A
shall be permitted to project into the minimum yards required by this By-law for the
following specified distances:
Table 4.24A - Permitted Projections
STRUCTURE
MAXIMUM PROJECTION INTO REQUIRED
YARD
Chimney breasts, cornices, sills, bay
windows, pilasters, eaves or gutters, solar
collectors where attached to a building,
shutters cornices, parapets or other
ornamental structures
0.75 m [2.46 ft.] into any required front yard,
rear yard or interior side yard
Canopies which are at least 2.13 m (7 ft.) in
vertical clearance above the established
grade, with or without supporting posts
2 m [6.5 ft.] into any required yard
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Table 4.24A - Permitted Projections
STRUCTURE
MAXIMUM PROJECTION INTO REQUIRED
YARD
Canopies for entrances to apartment
buildings and commercial buildings
Despite any other provisions in this By-law, a
canopy or portico over a major entrance to an
apartment building or commercial building
may project into the required yard a distance
equal to one-half (½) the setback of the
building from the street line
Window awnings
1.2 m [3.9 ft.] into any required yard
Steps, ramps for use by handicapped, and
walkways
No maximum into any required yard
Porch, uncovered platform landing, patio or
deck, balconies or steps
No maximum into any side yard and 3 m [9.8
ft.] into any required front or rear yard
Air conditioner
0.5 m [1.6 ft.] into any yard
Fire escapes, exterior stair cases from a
building having two storeys or more above
grade
1.5 m [4.92 ft.] into an interior side or rear
yard only
Heat pump
1.5 m [5 ft.] into an interior side yard or rear
yard
Accessory building
As permitted by and as specified in this By-
law
Fences, hedges, shrubs, trees, freestanding
walls, flagpoles, light standards, garden
trellises, clothes lines, bicycle racks and
similar structures or features
No restrictions apply except with respect to a
sight triangle
Solar collector, wind turbine,
No maximum into any rear yard only
provided they are no closer than 3 m [9.8 ft.]
to an interior side yard or rear yard lot line
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Table 4.24A - Permitted Projections
STRUCTURE
MAXIMUM PROJECTION INTO REQUIRED
YARD
Commercial Solar Collector, commercial
wind turbine
No maximum into any yard provided they are
no closer than 3 m [9.8 ft.] to an interior side
yard or rear yard lot line or 10 m [32.8 ft.]
from an street line
4.25 Prohibited Uses
The following uses are prohibited in any zone, unless otherwise permitted by this by-law:
1. Adult Entertainment Parlour and Body Rub Parlour; and
2. The use of any accessory building or structure, boathouse or storage container
for human habitation; and
3. The use of bulk storage tanks for storage purposes on any lot; and
4. The storage of inoperative rail cars, streetcars, buses, truck bodies or trailers without
wheels; and
5. The parking or storage of commercial motor vehicles on inoperative farm vehicles on
a vacant lot; and
6. The outdoor storage of partially dismantled and/or unlicensed motor vehicles or
recreational vehicles, or trailers or motor vehicle or trailer parts; and
7. Obnoxious uses; and
8. Smelters, ethanol plants, the manufacturing, refining, rendering or distillation of acid,
ammonia, chlorine, coal, coal oil, creosote, explosives, fireworks, glue, petroleum, tar
or other gases; and
9. The bulk storage of industrial chemicals, and hazardous waste, or liquid industrial
waste as defined under the Environmental Protection Act, R.S.O., c. E.19, as
amended.
4.26 Sight Triangle
1. Within any area defined as a sight triangle, the following uses shall be prohibited:
a. A building, structure, or use which would obstruct the vision of drivers of motor
vehicles.
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b. A fence, tree, hedge, bush or other vegetation,
other than agricultural crops.
c. Any portion of a delivery space, loading space,
driveway or parking space.
d. A berm or other ground surface which exceeds
the elevation of the street by more than 0.6 m
[1.96 ft.].
2. For the purposes of this By-law, the following sight
triangle distances shall apply (see definition of sight
triangle for measurement of distances):
a. 15 m [49.2 ft.] in all commercial and industrial zones.
b. 5 m [16.4 ft.] in all other zones.
c. Despite the above in any zone where any street crosses a railway at the same
grade the railway shall be deemed to be a street and a sight distance of forty-five
metres (45 m [147.6 ft.]) shall be required measured from the point of intersection
of the centre line of the railway right-of-way and the street line abutting the lot [see
Figure 4.3].
4.27 Signs
Unless otherwise stated in this By-law, signs shall be permitted only in accordance with
the Signs By-law(s) of the Corporation.
4.28 Streets, Parks, Playgrounds and Community Gardens
In any zone established by this By-law, streets, walkways, bike paths, parks,
playgrounds and community gardens are permitted.
4.29 Temporary Buildings or Structures during Construction
Nothing in this By-law shall prevent the use of land or the use or erection of a temporary
building or structure or a scaffold or other equipment essential to the construction in
progress for which a building permit has been granted, but only until such time as the
work has been finished or abandoned or such equipment is no longer required.
In addition, temporary accommodation for a business which is intended to occupy a
building or structure which is under construction with the work in progress on such
building or structure may be temporarily permitted on the same lot in the form of a
mobile, relocatable, portable or transportable building or structure provided:
1. Approval is obtained from the Corporation.
2. Such temporary accommodation is removed from the lot immediately upon
completion of construction or abandonment of construction.
Figure 4.3: Sight Triangle
Township of Moonbeam Zoning By-law
File P-2690
Page 109
3. Nothing in this By-law shall prevent the use of land or the use or erection of a
temporary sales or rental office for which a building permit has been issued and/or
approval is obtained from the Corporation.
4.30 Use by Public Authority or Public Utility
The provisions of this By-law shall not apply to limit the use of any land or to the erection
or use of any building or structure for a utility installation or municipal infrastructure for
the purpose of a public service by the Township of Moonbeam and/or any public
authority, any department of the Government of Ontario or Canada, including any Hydro
One facilities and a federally or provincially regulated utility of communication service
pursuant to the Planning Act, provided that where such land, building or structure is
located in a residential zone (see Section 5.2 for list of zones) or on a lot adjacent to a
residential zone:
1. No goods, materials or equipment shall be stored in the open.
2. The lot coverage and setback regulations of the zone in which such land, building
or above ground structure is located shall be complied with.
3. Any building erected under the authority of this section shall not be used for the
purpose of an office except for a government building.
4. The regulations for parking spaces and loading regulations as contained in this By-
law shall be complied with.
5. Communications facilities shall comply with Industry Canada Standards for
construction and safety. A communications facility shall only be permitted in a
Rural or Industrial Zone.
6. Secondary uses, such as active and passive recreation, agriculture, community
gardens, other utilities, and uses such as parking lots and outdoor storage that are
accessory to adjacent lands uses, are encouraged on hydro corridor lands, where
compatible with surrounding land uses. However, a proponent should be aware of the
primacy of electricity transmission and distribution facilities and that secondary uses
require technical approval from Hydro One Networks.
4.31 Water and Sewage Disposal Systems
No person shall erect or use in whole or in part, any building or structure unless the
use, building or structure is properly connected to approved water and sewage
systems under the Ontario Water Resources Act or the Building Code Act unless the use
is exempted under the Building Code Act or prohibited or regulated by this By-law.
Township of Moonbeam Zoning By-law
File P-2690
Page 110
4.32 Zones Applying to More than One Properties
Where a lot is divided into more than one zone, each such portion of the lot shall be used
in accordance with the provisions of this By-Law for the zone where such portion of the
lot is located. Each such portion of the lot shall be considered as a separate lot for the
purposes of determining zone provisions.
Township of Moonbeam Zoning By-law
File P-2690
Page 111
Section 5
ZONES
5.1
Zone Classification
For the purposes of this By-law, the Township of Moonbeam is divided into the following zones
as named and described in the following sections, the boundaries of which are shown on the
attached Schedules which are attached to and form part of this By-law.
5.2
Zones
Zones
Name of Zone
Zone Symbol
Residential Zones
Residential First Density
R1
Residential Second Density
R2
Residential Multiple
RM
Seasonal Residential
RS
Waterfront Residential
RW
Commercial Zones
General Commercial
C1
Highway Commercial
C2
Recreational Commercial
CT
Institutional Zones
Institutional
I
Industrial Zones
General Industrial
M1
Heavy Industrial
M2
Mineral Aggregate Resource
M3
Mining
M4
Township of Moonbeam Zoning By-law
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Waste Management
M5
Salvage Yard
M6
Other Zones
Open Space
OS
Environmental Protection
EP
Rural
RU
5.3
Use of Zone Symbols
The symbols listed in Section 5.2 may be used to refer to any of the uses of land,
buildings or structures permitted by this By-law (including the zoning schedules) in
the said zones, and the intent of the By-law is that the associated zone regulations
apply.
5.4
Holding Zone "h" Designation
Any zone classification may be placed in a Holding Zone by adding to the zone symbol
the letter "h". No development is permitted on lands where the "h" symbol appears until
the applicable conditions have been met and the "h" is lifted by an amendment to this
By-law under Section 36 of the Planning Act.
5.5
Interpretation of Zone Boundaries
When determining the boundary of any zone as shown on any Schedule forming part of
this By-law, the following provisions shall apply:
1. A boundary indicated as following a highway, street, private road or lane shall
follow the centre line of such highway, street, private road or lane.
2. A boundary indicated as following a water body or the right-of-way of a railway or an
electrical, gas or oil transmission line shall follow the centre line of such water body
or right-of-way.
3. A boundary indicated as following the high water mark shall follow such high water
mark, and in the event of a change in the high water mark, the boundary shall be
construed as moving with the actual high water mark.
4. A boundary indicated as approximately following lot lines shown on a Registered
Plan of Subdivision, or Reference Plan, or Township lot lines shall follow such lot
lines.
Township of Moonbeam Zoning By-law
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5. Where a boundary is indicated as approximately parallel to a street line or other
feature, indicated in clause (1), (2), and (3) above, and the distance from such street
line or other feature is not indicated, and clause (4) above is not applicable, such
boundary shall be construed as being parallel to such street line or other feature, and
the distance there from shall be determined according to the scale shown on the
appropriate Schedule.
6. A boundary indicated as following the limits of the Municipality shall follow such
limits.
7. In the event a dedicated street, lane or right-of-way shown on any Schedule forming
part of this By-law is closed, the property formerly in such street, lane or right-of-way
shall be included within the zone of the adjoining property on either side of such
closed street, lane or right-of-way. If a closed street, lane or right-of-way is the
boundary between two or more different zones the new zone boundaries shall be the
former centre line of the closed street, lane or right-of-way.
8. Where any zone boundary or a dimension is left uncertain after the application of the
above provisions, then the boundary or dimension shall be determined from the
zoning schedule using the scale bar thereon.
Township of Moonbeam Zoning By-law
File P-2690
Page 114
Section 6 RESIDENTIAL FIRST DENSITY (R1) ZONE
No person shall use any land or erect, alter or use any building or structure in the Residential
First Density (R1) Zone except in accordance with the following zone regulations:
6.1
Permitted Uses
6.1 - R1 Permitted Uses
Main Use
Accessory Use
Single Detached Dwelling
Accessory use, building or structure (see 4.1.1)
Accessory Residential Use (see 4.1.2)
Bed & Breakfast Establishment (see 4.1.3)
Fences (see 4.1.6)
Garden Suite (see 4.1.9)
Home Based Business (see 4.11)
Swimming Pools (see 4.1.13)
Temporary Car Shelter (see 4.1.14)
Group Home (see 4.10)
Accessory use, building or structure (see 4.1.1)
Fences (see 4.1.6)
Swimming Pools (see 4.1.13)
Park, Playground,
Community Garden (see
4.27)
Accessory use, building or structure (see 4.1.1)
Public Authority Use (see
4.30)
Accessory use, building or structure (see 4.1.1)
Public Utility (see 4.30)
Accessory use, building or structure (see 4.1.1)
6.2
Zone Regulations
6.2 - R1 Zone Regulations
Single Detached
Dwelling, Group
Home
Non-Residential Use Accessory Use,
Building or
Structure
Minimum Lot Area
460 m2 [4,951.5
ft.2]
550 m2 [5,920 ft.2]
n/a
Minimum Lot Frontage:
20 m [65.6 ft.]
20 m [65.6 ft.]
n/a
Minimum Front Yard
7.5 m [24.6ft.]
7.5 m [24.6ft.]
same as main
use
Minimum Rear Yard
10.5 m [34.4ft.]
10.5 m [34.4ft.]
0.5 m [1.6 ft.]
Minimum Interior Side Yard
1.5 m [4.92 ft.]
3 m [9.84 ft.]
0.5 m [1.6 ft.]
Township of Moonbeam Zoning By-law
File P-2690
Page 115
6.2 - R1 Zone Regulations
Minimum Exterior Side Yard
7.5 m [24.6ft.]
7.5 m [24.6 ft.]
6 m [19.6 ft.]
Maximum Height
10.5 m [34.4 ft.]
10.5 m [34.4 ft.]
6 m [19.6 ft.]
Maximum Lot Coverage
35%
30%
10% included in
total
Maximum No. Dwellings per
lot (excluding a Garden Suite)
1
n/a
n/a
Separation Distance between
the main building and any
accessory building
2 m [6.56 ft.]
2 m [6.56 ft.]
2 m [6.56 ft.]
6.3
Additional Regulations
1
A garden suite shall be subject to a Temporary Use By-law under Section 39 of the
Planning Act and shall only be permitted as an accessory use to a single
detached dwelling.
2
All applicable provisions of Section 4 - General Provisions shall apply.
6.4
Zone Exceptions
Township of Moonbeam Zoning By-law
File P-2690
Page 116
Section 7 RESIDENTIAL SECOND DENSITY (R2) ZONE
No person shall use any land or erect, alter or use any building or structure in the Residential
Second Density (R2) Zone except in accordance with the following zone regulations:
7.1
Permitted Uses
7.1 - R2 Permitted Uses
Main Use
Accessory Use
Single Detached Dwelling
Accessory use, building or structure (see 4.1.1)
Accessory Residential Use (see 4.1.2)
Bed & Breakfast Establishment (see 4.1.3)
Fences (see 4.1.6)
Garden Suite (see 4.1.9)
Home Based Business (see 4.11)
Swimming Pools (see 4.1.13)
Temporary Car Shelter (see 4.1.14)
Semi-detached Dwelling
Duplex Dwelling
Triplex Dwelling
Accessory use, building or structure (see 4.1.1)
Accessory Residential Use (see 4.1.2)
Fences (see 4.1.6)
Swimming Pools (see 4.1.13)
Home Base Business (see 4.11)
Temporary Car Shelter (see 4.1.14)
Group Home (see 4.10)
Accessory use, building or structure (see 4.1.1)
Fences (see 4.1.6)
Swimming Pools (see 4.1.13)
Park, Playground,
Community Garden (see
4.28)
Accessory use, building or structure (see 4.1.1)
Public Authority Use (see
4.30)
Accessory use, building or structure (see 4.1.1)
Public Utility (see 4.30)
Accessory use, building or structure (see 4.1.1)
Township of Moonbeam Zoning By-law
File P-2690
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7.2
Zone Regulations
7.2 - R2 Zone Regulations
-Single
Detached
Dwelling, Group
Home
Semi-detached
Dwelling
(per dwelling
unit)
-Duplex
Dwelling
-Triplex
Dwelling
Accessory Use,
Building or
Structure
Minimum Lot Area
460 m2 [4,951
ft.2]
650 m2 [6,997
ft.2]
duplex - 550 m2
[5,920.3 ft.2];
triplex - 650 m2
[6,996.7 ft.2]
n/a
Minimum Lot
Frontage
20 m [65.6 ft.]
20 m [65.6 ft.]
20 m [65.6 ft.]
n/a
Minimum Front Yard
7.5 m [24.6ft.]
7.5 m [24.6ft.]
7.5 m [24.6ft.]
7.5 m [24.6ft.]
Minimum Rear Yard
10.5 m [34.4ft.]
10.5 m [34.4ft.]
10.5 m [34.4ft.]
1.5 m [4.92 ft.]
Minimum Interior Side
Yard
1.5 m [4.92 ft.]
1.5 m [4.92 ft.]
2.5 m [8.20 ft.]
1 m [3.28 ft.]
Minimum Exterior
Side Yard
7.5 m [24.6ft.]
7.5 m [24.6ft.]
7.5 m [24.6ft.]
7.5 m [24.6ft.]
Maximum Height
10.5 m [34.4 ft.] 10.5 m [34.4 ft.] 10.5 m [34.4 ft.]
6 m [19.6 ft.]
Maximum Lot
Coverage
35%
35%
35%
10% included in
total
Minimum Dwelling
Unit Area
70 m2 [753.5
ft.2]
55 m2 [592 ft.2]
55 m2 [592 ft.2]
n/a
Township of Moonbeam Zoning By-law
File P-2690
Page 118
7.2 - R2 Zone Regulations
-Single
Detached
Dwelling, Group
Home
Semi-detached
Dwelling
(per dwelling
unit)
-Duplex
Dwelling
-Triplex
Dwelling
Accessory Use,
Building or
Structure
Maximum No.
Dwellings Units per
lot (excluding a
Garden Suite)
See regulations
for R1 Zone
1
- Duplex - 2
- Triplex - 3
n/a
Separation Distance
between the main
building and any
accessory building
2 m [6.56 ft.]
2 m [6.56 ft.]
2 m [6.56 ft.]
2 m [6.56 ft.]
7.3
Additional Regulations
1. A garden suite shall be subject to a Temporary Use By-law under Section 39 of the
Planning Act and shall only be permitted as an accessory use to a single
detached dwelling.
2. All applicable zone regulations of Section 4 - General Provisions shall apply.
3. The minimum interior side yard shall not apply to the common wall of a semi-
detached dwelling.
4. The R1 zone regulations set out in Section 6.2 shall apply to any non-residential
use in the R2 zone.
7.4
Zone Exceptions
Township of Moonbeam Zoning By-law
File P-2690
Page 119
Section 8 RESIDENTIAL MULTIPLE (RM) ZONE
No person shall use any land or erect, alter or use any building or structure in the Residential
Multiple (RM) Zone except in accordance with the following zone regulations:
8.1
Permitted Uses
8.1 - RM Permitted Uses
Main Use
Accessory Use
Apartment Dwelling
Accessory use, building or structure (see 4.1.1)
Fences (see 4.1.6)
Swimming Pools (see 4.1.13)
Home Based Business (see 4.11)
Row or Townhouse
Dwelling
Accessory use, building or structure (see 4.1.1)
Accessory Residential Use (see 4.1.2)
Fences (see 4.1.6)
Swimming Pools (see 4.1.13)
Home Based Business (see 4.11)
Temporary Car Shelter (see 4.1.14)
Group Home (see 4.10)
Accessory use, building or structure (see 4.1.1)
Fences (see 4.1.6)
Swimming Pools (see 4.1.13)
Continuum-of-Care Facility
Accessory use, building or structure (see 4.1.1)
Fences (see 4.1.6)
Swimming Pools (see 4.1.13)
Park, Playground,
Community Garden (see
4.28)
Accessory use, building or structure (see 4.1.1)
Public Authority Use (see
4.30)
Accessory use, building or structure (see 4.1.1)
Public Utility (see 4.30)
Accessory use, building or structure (see 4.1.1)
Township of Moonbeam Zoning By-law
File P-2690
Page 120
8.2
Zone Regulations
8.2 - RM Zone Regulations
Row or Townhouse
Dwelling
Apartment
Dwelling,
Continuum-of-Care
Facility
Accessory Use,
Building or
Structure
Minimum Lot Area
- 250 m2 [2,691 ft.2] -
Interior Unit
- 300 m2 [3,229.2 ft.2]
- End Unit
- 450 m2 [4,844 ft.2] -
End Unit on a corner
lot
[Note: unit minimums
apply]
- 925 m2 [9,956.9 ft.2]
for first 4 units + 90
m2 [968.8 ft.2] for
each additional unit
- Continuum-of-Care
Facility: 900 m2
[9,687.8 ft.2] + 80 m2
[861.1 ft.2] for each
bedroom over 12
units
n/a
Minimum Lot
Frontage
- 8 m [26.2 ft.] -
Interior Unit
- 10 m [32.8 ft.] -
End Unit
- 15 m [49.2 ft.] -
End Unit on a corner
lot
[Note: unit minimums
apply]
25 m [82 ft.]
n/a
Minimum Front Yard
9 m [29.5 ft.]
9 m [29.5 ft.]
9 m [29.5 ft.]
Minimum Rear Yard
7.5 m [24.6ft.]
7.5 m [24.6ft.]
1.5 m [4.92 ft.]
Township of Moonbeam Zoning By-law
File P-2690
Page 121
8.2 - RM Zone Regulations
Row or Townhouse
Dwelling
Apartment
Dwelling,
Continuum-of-Care
Facility
Accessory Use,
Building or
Structure
Minimum Interior
Side Yard
1 m [3.28 ft.] for an
internal Townhouse
development
[see Section 8.3(1)]
7.5 m [24.6ft.]
1.5 m [4.92 ft.]
Minimum Exterior
Side Yard
9 m [29.5 ft.]
9 m [29.5 ft.]
9 m [29.5 ft.]
Maximum Height
10.5 m [34.4 ft.]
10 m [32.8 ft.]
6 m [19.6 ft.]
Maximum Lot
Coverage
35%
35%
10% included in total
Minimum Dwelling
Unit Area
Bachelor - 40 m2
[430.5 ft2]
One-bedroom -
55 m2 [592 ft.2]
Two-bedroom -
70 m2 [753.5 ft.2]
Three bedroom -
80 m2 [861.1 ft.2]
Minimum Number of
Dwelling Units Per
Lot
3
n/a
n/a
Separation Distance
between the main
building and any
accessory building
2 m [6.56 ft.]
2 m [6.56 ft.]
2 m [6.56 ft.]
8.3
Additional Regulations
1. The minimum interior side yard shall not apply to the common wall of a row or
townhouse dwelling.
2. See also Section 4 - General Provisions.
Township of Moonbeam Zoning By-law
File P-2690
Page 122
3. The R1 zone regulations set out in Section 6.2 shall apply to any non-residential
use in the RM zone.
8.4
Zone Exceptions
1. Residential Multiple Exception One (RM-X1) (By-law 14-04)
Despite the zone regulations of the RW Zone, on lands zoned RM-X1 as shown on
Schedule "A" to this By-law, only the following zone regulations shall apply:
a. Minimum Lot Area
340 m2 [3,659.8 ft.2]
b. Minimum Lot Frontage
12 m [39.3 ft.]
c. Minimum Front Yard
5.8 m [19 ft.]
d. Minimum Exterior Yard
0.75 m [2.46 ft.]
e. Minimum Interior Yard
0.7 m [2.29 ft.]
f. Maximum Parking Space setback
1 m [3.28 ft.] from any lot line
Township of Moonbeam Zoning By-law
File P-2690
Page 123
Section 9 SEASONAL RESIDENTIAL (RS) ZONE
No person shall use any land or erect, alter or use any building or structure in the Seasonal
Residential (RS) Zone except in accordance with the following zone regulations:
9.1
Permitted Uses
9.1 - RS Permitted Uses
Main Use
Accessory Use
Seasonal Dwelling
Accessory use, building or structure (see 4.1.1)
Accessory Residential Use (see 4.1.2)
Fences (see 4.1.6)
Swimming Pools (see 4.1.13)
Temporary Car Shelter (see 4.1.14)
Park, Playground,
Community Garden (see
4.28)
Accessory use, building or structure (see 4.1.1)
Public Authority Use (see
4.30)
Accessory use, building or structure (see 4.1.1)
Public Utility (see 4.30)
Accessory use, building or structure (see 4.1.1)
Permitted Uses
9.2
Zone Regulations
9.2 - RS Zone Regulations
Seasonal
Dwelling
Non-Residential Use Accessory Use,
Building or
Structure
Minimum Lot Area
0.8 ha [2 acres]
n/a
n/a
Minimum Lot Frontage:
45 m [147.6 ft.]
n/a
n/a
Minimum Front Yard - water
side
30 m [98.4ft.] or
20 m [65.6 ft.] for
an existing lot of
record
30 m [98.4ft.] or 20 m
[65.6 ft.] for an
existing lot of record
30 m [98.4ft.] or
20 m [65.6 ft.] for
an existing lot of
record. Marine
Facility - 0 m [0
ft.]
Minimum Rear Yard
12 m [39.3 ft.]
12 m [39.3 ft.]
7.5 m [24.6ft.]
Minimum Interior Side Yard
3 m [9.84 ft.]
3 m [9.84 ft.]
1.5 m [4.92 ft.]
Minimum Exterior Side Yard
7.5 m [24.6ft.]
7.5 m [24.6ft.]
7.5 m [24.6ft.]
Township of Moonbeam Zoning By-law
File P-2690
Page 124
9.2 - RS Zone Regulations
Maximum Height
10.5 m [34.4 ft.]
10.5 m [34.4 ft.]
6 m [19.6 ft.]
Maximum Lot Coverage
5%
5%
2.5% included in
total
Minimum Dwelling Unit Area
55 m2 [592 ft.2]
n/a
n/a
Separation Distance between
the main building and any
accessory building
2 m [6.56 ft.]
2 m [6.56 ft.]
2 m [6.56 ft.]
9.3
Additional Regulations
1. A garden suite shall not be permitted in an Seasonal Residential (RS) Zone
2. See also Section 4 - General Provisions. (See 4.18.5 for water body setbacks.)
3. A seasonal dwelling shall be permitted on an island or water access only lot
provided adequate parking is provided on the mainland under the auspices of a legal
or binding long-term agreement.
9.4
Zone Exceptions
Township of Moonbeam Zoning By-law
File P-2690
Page 125
Section 10 WATERFRONT RESIDENTIAL (RW) ZONE
No person shall use any land or erect, alter or use any building or structure in the Waterfront
Residential (RW) Zone except in accordance with the following zone regulations:
10.1 Permitted Uses
10.1 - RW Permitted Uses
Main Use
Accessory Use
Seasonal Dwelling
Single Detached Dwelling
Accessory use, building or structure (see 4.1.1)
Accessory Residential Use (see 4.1.2)
Bed & Breakfast Establishment (see 4.1.3)
Fences (see 4.1.6)
Garden Suite (see 4.1.9)
Home Based Business (see 4.11)
Swimming Pools (see 4.1.13)
Temporary Car Shelter (see 4.1.14)
Park, Playground,
Community Garden (see
4.28)
Accessory use, building or structure (see 4.1.1)
Public Authority Use (see
4.30)
Accessory use, building or structure (see 4.1.1)
Public Utility (see 4.30)
Accessory use, building or structure (see 4.1.1)
Permitted Uses
10.2 Zone Regulations
10.2 - RW Zone Regulations
Seasonal
Dwelling, Single
Detached
Dwelling
Non-Residential Use Accessory Use,
Building or
Structure
Minimum Lot Area
0.8 ha [2 acres]
n/a
n/a
Minimum Lot Frontage:
45 m [147.6 ft.]
n/a
n/a
Minimum Front Yard - water
side
30 m [98.4ft.] or
20 m [65.6 ft.] for
an existing lot of
record
30 m [98.4ft.] or 20 m
[65.6 ft.] for an
existing lot of record
30 m [98.4ft.] or
20 m [65.6 ft.] for
an existing lot of
record. Marine
Facility - 0 m [0
ft.]
Minimum Front Yard - other
than a water side
7.5 m [24.6ft.]
7.5 m [24.6ft.]
7.5 m [24.6ft.]
Township of Moonbeam Zoning By-law
File P-2690
Page 126
10.2 - RW Zone Regulations
Minimum Rear Yard
12 m [39.3 ft.]
12 m [39.3 ft.]
7.5 m [24.6ft.]
Minimum Interior Side Yard
3 m [9.84 ft.]
3 m [9.84 ft.]
1.5 m [4.92 ft.]
Minimum Exterior Side Yard
7.5 m [24.6ft.]
7.5 m [24.6ft.]
7.5 m [24.6ft.]
Maximum Height
10.5 m [34.4 ft.]
10.5 m [34.4 ft.]
6 m [19.6 ft.]
Maximum Lot Coverage
5%
5%
2.5% included in
total
Minimum Dwelling Unit Area
55 m2 [592 ft.2]
n/a
n/a
Separation Distance between
the main building and any
accessory building
2 m [6.56 ft.]
2 m [6.56 ft.]
2 m [6.56 ft.]
10.3 Additional Regulations
1.
A garden suite shall be subject to a Temporary Use By-law under Section 39 of the
Planning Act and shall only be permitted as an accessory use to a single
detached dwelling.
2.
See also Section 4 - General Provisions. (See 4.18.5 for water body setbacks.)
3.
A seasonal dwelling shall be permitted on an island or water access only lot
provided adequate parking is provided on the mainland under the auspices of a
legal or binding long-term agreement.
4.
The zone regulations of Section 10.2 shall apply to both the waterfront lot and the
backlot.
10.4 Zone Exceptions
1. On lands zoned Waterfront Residential Exception One (RW-X1) a non-
residential accessory building or structure or parking area may be constructed
on a backlot provided:
a. The property is in the same ownership as the waterfront property.
b. The lot frontage does not exceed the existing lot frontage of the waterfront
lot.
c. The accessory building or structure is not serviced with an individual on-
site water service or an individual on-site sewage service.
d. The building or structure complies with the zone regulations set out in
Section 10.2 above.
Township of Moonbeam Zoning By-law
File P-2690
Page 127
2.
Waterfront Residential Exception Two (RW-X2) (By-law 06-01)
Despite the zone regulations of the RW Zone, on lands zoned RW-X2 as shown on
Schedule "A" to this By-law, only the following uses shall be permitted:
a. An accessory use
Despite the zone regulations of the RW Zone, on lands zoned RW-X2 as shown on
Schedule "A" to this By-law, only the following zone regulations shall apply to the
backlot:
a. Minimum Lot Area
0.12 ha [0.29 acres]
b. Minimum Lot Frontage
17 m [55.7 ft.]
c. Minimum Front Yard
2 m [6.56 ft.]
d. Minimum Interior Yard
0.6 m [1.96 ft.] one side
e. Minimum Interior Yard
4 m [13.1 ft.] other side
3. Waterfront Residential Exception Three (RW-X3) (By-law 02-02)
Despite the zone regulations of the RW Zone, on lands zoned RW-X3 as shown on
Schedule "A" to this By-law, only the following zone regulations shall apply to the
backlot:
a. Maximum Gross Floor Area
100 m2 [1.076.4 ft.2]
4. Waterfront Residential Exception Four (RW-X4) (By-law 12-04)
Despite the zone regulations of the RW Zone, on lands zoned RW-X4 as shown on
Schedule "A" to this By-law, only the following zone regulations shall apply to the
backlot:
a. Minimum Lot Area
5,300 m2 [57,050.5 ft.2]
b. Minimum Lot Frontage
110 m [360.8 ft.]
c. Maximum Building Coverage
5%
d. Minimum Building Separation
5 m [16.4 ft.]
5. Waterfront Residential Exception Five (RW-X5) (By-law 11-04)
Despite the zone regulations of the RW Zone, on lands zoned RW-X5 as shown on
Schedule "A" to this By-law, only the following zone regulations shall apply to the
backlot:
a. Minimum Front Yard
7.5 m [24.6 ft.] - main building
b. Minimum Front Yard
3 m [9.84 ft.] - accessory building
c. Maximum Building Coverage
40%
d. Minimum Building Separation
5 m [16.4 ft.]
6. Waterfront Residential Exception Six (RW-X6) (By-law 13-07)
Despite the zone regulations of the RW Zone, on lands zoned RW-6 as shown on
Schedule "A" to this By-law, only the following zone regulations shall apply to the
waterfront lot and the backlot:
Township of Moonbeam Zoning By-law
File P-2690
Page 128
a. Minimum Lot Frontage
15 m [49.2 ft.]
b. Maximum Building Height
10 m [32.8 ft.] - main building
c. Maximum Building Height
8 m [26.2 ft.] - accessory building
d. Minimum Building Separation
5 m [16.4 ft.]
7. Waterfront Residential Exception Seven (RW-X7) (By-law 09-08)
Despite the zone regulations of the RW Zone, on lands zoned RW-7 as shown on
Schedule "A" to this By-law, only the following zone regulations shall apply to the
waterfront lot:
a. Minimum Dwelling Unit Area
110 m2 [1,184 ft.2]
8. Waterfront Residential Exception Eight (RW-X8) (By-law 14-11)
Despite the zone regulations of the RW Zone, on lands zoned RW-8 as shown on
Schedule "A" to this By-law, only the following zone regulations shall apply to the
waterfront lot:
a. Minimum Lot Area
500 m2 [5,382.1 ft.2]
b. Minimum Lot Frontage
3 m [9.84 ft.]
c. Maximum Lot Coverage
40%
d. Minimum Interior Side Yard
3 m [9.84 ft.] - main building
e. Minimum Interior Side Yard
0.5 m [1.64 ft.] - accessory building
f. Minimum Exterior Side Yard
3 m [9.84 ft.] - main building
g. Minimum Exterior Side Yard
0.5 m [1.64 ft.] - accessory building
h. Minimum Entrance Setback
0.0 m [0 ft.]
9. Waterfront Residential Exception Nine (RW-X9) (By-law 06-01)
Despite the zone regulations of the RW Zone, on lands zoned RW-X9 as shown on
Schedule "A" to this By-law, only the following uses shall be permitted:
a. Single Detached Dwelling on the waterfront lot
b. A non-commercial rabbit hutch and chicken coop as accessory uses on the
waterfront lot
c. Accessory Building on the backlot
Township of Moonbeam Zoning By-law
File P-2690
Page 129
Section 11 INSTITUTIONAL (I) ZONE
No person shall use any land or erect, alter or use any building or structure in the Institutional (I)
Zone except in accordance with the following zone regulations:
11.1 Permitted Uses
11.1 - I Permitted Uses
Institutional Uses
Ambulance Facility
Arena
Auction Hall
Bingo Hall
Cemetery
Community Centre
Community Garden (see 4.28)
Crisis Care Facility
Day Nursery
Fire Hall
Fitness Centre
Library
Municipal Administration Complex
Museum
Nursing Station
OPP Detachment Office
Park
Place of Assembly
Place of Worship
Playground
Public Authority Use (see 4.30)
Public Utility (see 4.30)
School
Skateboard Park
Splashpad
Swimming pool
Warehouse
Wholesale Establishment
Vehicle Compound
Accessory Uses
Permitted Institutional Use
Accessory use, building or structure (see
4.1)
Fences (see 4.1.7)
Heliport
Parking Area
Permitted Place of Worship
Accessory use, building or structure (see
4.1)
Accessory Dwelling or Accessory
Dwelling Unit
Fences (see 4.1.7
11.2 Zone Regulations
11.2 - I Zone Regulations
Institutional Use
Accessory Use, Building
or Structure
Minimum Lot Area
460 m2 [4,951.5 ft.2]
n/a
Township of Moonbeam Zoning By-law
File P-2690
Page 130
11.2 - I Zone Regulations
Minimum Lot Frontage:
15 m [49.2 ft.]
n/a
Minimum Front Yard
3 m [9.84 ft.]
3 m [9.84 ft.]
Minimum Rear Yard
7.5 m [24.6ft.] or 10 m
[32.8] where the rear lot line
abuts a residential use or
residential zone
3 m [9.84 ft.]
Minimum Interior Side Yard
1.5 m [4.91 ft.] or 3 m [9.84]
where the interior side lot
line abuts a residential use
or residential zone
3 m [9.84 ft.]
Minimum Exterior Side Yard
3 m [9.84 ft.]
3 m [9.84 ft.]
Maximum Height
10.5 m [34.4 ft.]
10.5 m [34.4 ft.]
Maximum Lot Coverage
75%
10% included in total
Separation Distance between
the main building and any
accessory building
3 m [9.84 ft.]
3 m [9.84 ft.]
11.3 Additional Regulations
1. All applicable provisions of Section 4 - General Provisions shall apply.
11.4 Zone Exceptions
1. Despite the zone regulations of this By-law, within the I-X1 Zone, as shown on
Schedule "A" to this By-law only the following uses shall be permitted:
a. Cemetery
b. Place of Worship
c. Institutional Retreat
Township of Moonbeam Zoning By-law
File P-2690
Page 131
Section 12 GENERAL COMMERCIAL (C1) ZONE
No person shall use any land or erect, alter or use any building or structure in the General
Commercial (C1) Zone except in accordance with the following zone regulations:
12.1 Permitted Uses
12.1 - C1 Permitted Uses
Commercial Uses
Ambulance Facility
Animal Shelter
Antique Store
Bake Shop
Bank and Financial Institution
Building Supply Store
Clinic
Commercial Parking Lot
Convenience Store
Custom Workshop
Dry Cleaning or Laundry Outlet
Equipment Rental Establishment
Farmer's Market
Fitness Centre
Funeral Home
Hotel
Laundromat
Microbrewery
Machine Shop
Mixed Use Building
Motel
Office
Personal Service Establishment
Place of Amusement
Printing and Process Service Shop
Private Club
Public Authority Use (see 4.30)
Public Utility (see 4.30)
Recreational Commercial Establishment
Restaurant
Retail Store
Service Outlet or Shop
Shopping Centre
Studio
Tavern
Taxi Stand
Tea Room
Tourist Establishment
Tourist Outfitters Establishment
Video Rental Outlet
Wellness Centre
Accessory Uses
Permitted Commercial Use
Accessory use, building or structure (see
4.1)
Accessory Dwelling Unit
Drive-through Facility
Fences (see 4.1.7)
Parking Area
Wholesale Establishment
Permitted Residential Use
Accessory use, building or structure (see
4.1.1)
Fences (see 4.1.6)
Home Based Business (see 4.11)
Temporary Car Shelter (see 4.1.14)
Township of Moonbeam Zoning By-law
File P-2690
Page 132
12.2 Zone Regulations
12.2 - C1 Zone Regulations
Commercial Use
Accessory Use, Building
or Structure
Minimum Lot Area
460 m2 [4,951.5 ft.2]
n/a
Minimum Lot Frontage:
15 m [49.2 ft.]
n/a
Minimum Front Yard
3 m [9.84 ft.]
same as main use
Minimum Rear Yard
7.5 m [24.6 ft.] or 10.5 m
[34.4 ft.] where the rear lot
line abuts a residential use
or residential zone
1 m [3.28 ft.] or 5 m [16.4
ft.] where the rear lot line
abuts a residential use or
residential zone
Minimum Interior Side Yard
3 m [9.84 ft.]
1 m [3.28 ft.] or 3 m [9.84
ft.] if the lot abuts a
residential zone.
Minimum Exterior Side Yard
3 m [9.84 ft.]
3 m [9.84 ft.]
Maximum Height
10.5 m [34.4 ft.]
10.5 m [34.4 ft.]
Maximum Lot Coverage
75%
10% included in total
Separation Distance between
the main building and any
accessory building
3 m [9.84 ft.]
3 m [9.84 ft.]
Maximum number of dwelling
units
4 in any mixed use building
n/a
Minimum Dwelling Unit Area
Bachelor - 40 m2 [430.5
ft2]
Other 40 m2 [430.5 ft2]
plus 15 m2 [161.4 ft2] for
each bedroom
n/a
Township of Moonbeam Zoning By-law
File P-2690
Page 133
12.3 Additional Regulations
1 See also Section 4 - General Provisions.
2 Residential uses shall be restricted to the second storey in a mixed use building.
12.4 Zone Exceptions
Township of Moonbeam Zoning By-law
File P-2690
Page 134
Section 13 HIGHWAY COMMERCIAL (C2) ZONE
No person shall use any land or erect, alter or use any building or structure in the Highway
Commercial (C2) Zone except in accordance with the following zone regulations:
13.1 Permitted Uses
13.1 - C2 Permitted Uses
Commercial Uses
Ambulance Facility
Animal Shelter
Auction Hall
Auto Body Shop
Automotive Rental Establishment
Automotive Sales Establishment
Auto Repair Garage
Automotive Service Station
Building Supply Store
Car Wash
Commercial Greenhouse, Nursery or Garden
Centre
Commercial Parking Lot
Gas Bar
Office
Personal Service Establishment
Public Authority Use (see 4.30)
Public Utility (see 4.30)
Recreational Vehicle Repair Garage
Self-Storage Facility
Tourist Outfitters Establishment
Transportation Depot or Terminal
Warehouse
Wholesale Establishment
Vehicle Compound
Accessory Uses
Permitted Commercial Use
Accessory use, building or structure (see
4.1)
Drive-through Facility
Fences (see 4.1.7)
Parking Area
13.2 Zone Regulations
13.2 - C2 Zone Regulations
Commercial Use
Accessory Use, Building
or Structure
Minimum Lot Area
1,850 m2 [19,913.8 ft.2]
n/a
Minimum Lot Frontage:
45 m [147.6 ft.]
n/a
Minimum Front Yard
10 m [32.8 ft.]
same as main use
Township of Moonbeam Zoning By-law
File P-2690
Page 135
13.2 - C2 Zone Regulations
Minimum Rear Yard
7.5 m [24.6 ft.] or 10 m
[32.8 ft.] where the rear lot
line abuts a residential use
or residential zone
1 m [3.28 ft.] or 5 m [16.4
ft.] if the lot abuts a
residential zone.
Minimum Interior Side Yard
7.5 m [24.6 ft.] or 10 m
[32.8 ft.] where the interior
side lot line abuts a
residential use or
residential zone
1 m [3.28 ft.] or 3 m [9.84
ft.] where the interior side
lot line abuts a residential
use or residential zone
Minimum Exterior Side Yard
10 m [32.8 ft.]
10 m [32.8 ft.]
Maximum Height
10.5 m [34.4 ft.]
10.5 m [34.4 ft.]
Maximum Lot Coverage
60%
10% included in total
Separation Distance between
the main building and any
accessory building
3 m [9.84 ft.]
3 m [9.84 ft.]
13.3 Additional Regulations
1. All applicable provisions of Section 4 - General Provisions shall apply.
13.4 Zone Exceptions
1. Highway Commercial Exception One (C2-X1) (By-law 02-03)
Despite the zone regulations of the C2 Zone, on lands zoned C2-X1 as shown on
Schedule "A" to this By-law, only the following uses shall be permitted:
a. Automotive Rental Establishment
b. Automotive Service Station
c. Auto Repair Garage
d. Car wash
e. Restaurant
f. Self-storage Facility
Despite the zone regulations of the C2 Zone, on lands zoned C2-X1 as shown on
Schedule "A" to this By-law, only the following zone regulations shall apply:
a. Minimum Lot Area
6 ha [14.8 acres]
b. Minimum Lot Frontage
200 m [656.1 ft.]
c. Minimum Building Separation
9 m [29.5 ft.]
d. Minimum Parking Space Setback
5 m [16.4 ft.] from any street line
Township of Moonbeam Zoning By-law
File P-2690
Page 136
e. Minimum Parking Space Setback
7.5 m [24.6 ft.] from any other lot
line
f. Maximum Number of Entrances
2
g. Minimum Distance between Entrances 20 m [65.6 ft.]
h. Minimum Number Stacking Spaces
3 per car wash bay
i. Minimum Stacking Space Size
6 m length by 3 m width [19.6 ft. by
9.84 ft.]
j. Stacking Lanes shall be constructed with a concrete or asphalt surface
k. Minimum Setback of self-storage facility buildings from Highway 11 - 60 m
[196.8 ft.]
2. Highway Commercial Exception Two (C2-X2)
Despite the zone regulations of the C2 Zone, on lands zoned C2-X2 as shown on
Schedule "A2" to this By-law, only the following uses shall be permitted:
a. A self-storage facility only
Township of Moonbeam Zoning By-law
File P-2690
Page 137
Section 14 RECREATIONAL COMMERCIAL (CT) ZONE
No person shall use any land or erect, alter or use any building or structure in the Recreational
Commercial (CT) Zone except in accordance with the following zone regulations:
14.1 Permitted Uses
14.1 - CT Permitted Uses
Adventure Game
Driving Range
Golf Course
Park
Restaurant
Shooting Range
Tourist Establishment
Tourist Outfitters Establishment
Accessory use, building or structure (see
4.1)
Retail Store
Parking Area
Campground
Accessory Dwelling
Accessory use, building or structure (see
4.1)
Parking Area
Marina
Marine Facility
Parking Area
Public Authority Use (see 4.30)
Public Utility (see 4.30)
Accessory use, building or structure (see
4.1)
Fences (see 4.1.7)
14.2 Zone Regulations
14.2 - CT Zone Regulations
Commercial Use
Accessory Use, Building
or Structure
Minimum Lot Area
1 ha [2.47 acres]
n/a
Minimum Lot Frontage:
30 m [98.4 ft.]
n/a
Minimum Front Yard
7.5 m [24.6 ft.]
7.5 m [24.6 ft.]
Minimum Rear Yard
7.5 m [24.6 ft.] or 10 m
[32.8 ft.] where the rear lot
line abuts a residential use
or residential zone if the lot
abuts a residential zone
10 m [32.8 ft.]
Township of Moonbeam Zoning By-law
File P-2690
Page 138
14.2 - CT Zone Regulations
Minimum Interior Side Yard
5 m [16.4 ft.] or 7.5 m [24.6
ft.] where the rear lot line
abuts a residential use or
residential zone
5 m [16.4 ft.]
Minimum Exterior Side Yard
7.5 m [24.6 ft.]
7.5 m [24.6 ft.]
Maximum Height
10.5 m [34.4 ft.]
10.5 m [34.4 ft.]
Maximum Lot Coverage
10%
3% included in total
Separation Distance between
the main building and any
accessory building
3 m [9.84 ft.]
3 m [9.84 ft.]
14.3 Additional Regulations
1. All applicable provisions of Section 4 - General Provisions shall apply.
14.4 Zone Exceptions
1.
Commercial Recreational Exception One (CT-X1)
Despite the zone regulations of this By-law, within the CT-X1 Zone, as shown on
Schedule "A" to this By-law only the following uses shall be permitted:
a. An airstrip accessory to a Commercial recreational zone use.
b. Tourist Excursion Business
2. Commercial Recreational Exception Two (CT-X2) (By-law 07-03)
Despite the zone regulations of the CT Zone, on lands zoned CT-X2 as shown on
Schedule "A" to this By-law, only the following uses shall be permitted:
a. An existing use
Despite the zone regulations of the CT Zone, on lands zoned CT-X2 as shown on
Schedule "A" to this By-law, only the following zone regulations shall apply:
a. Minimum Lot Area
28.5 ha [70.4 acres]
3. Commercial Recreational Exception Three (CT-X3) (By-law 22-08)
Despite the zone regulations of this By-law, within the CT-X3 Zone, as shown on
Schedule "A" to this By-law only the following uses shall be permitted:
a. Bed & Breakfast Establishment
b. Campground
c. Restaurant
Township of Moonbeam Zoning By-law
File P-2690
Page 139
d. Retail Store
e. Tourist Outfitters Establishment
f. Accessory Use, Building or Structure including am accessory dwelling, an
accessory dwelling unit, and a park
Despite the zone regulations of the CT Zone, on lands zoned CT-X3 as shown on
Schedule "A" to this By-law, only the following zone regulations shall apply:
a. Maximum lot coverage - 40%
b. Minimum Dwelling Unit Area - 70 m2 [753.5 ft.2]
c. Maximum number of guest rooms - 3
d. Maximum floor area for guest rooms - 95 m2 [1,022.6 ft.2]
e. Maximum number of camp sites - 10
All applicable provisions of Section 4 - General Provisions shall apply.
Township of Moonbeam Zoning By-law
File P-2690
Page 140
Section 15 GENERAL INDUSTRIAL (M1) ZONE
No person shall use any land or erect, alter or use any building or structure in the General
Industrial (MI) Zone except in accordance with the following zone regulations:
15.1 Permitted Uses
15.1 - M1 Permitted Uses
Main Use
Accessory Use
Industrial Uses:
Class I Industrial Use
Bakery
Custom workshop
Equipment and Vehicle Storage Yard, Industrial
Machine Shop
Recycling Station or Transfer Depot
Research Laboratory
Warehouse
Welding Shop
Workshop
Accessory use, building or
structure (see 4.1)
Fences (see 4.1.7)
Office
Parking Area
Commercial and Other Uses:
Auto Body Shop
Auto Repair Garage
Building Supply Store or Depot
Dry Cleaning or Laundry Plant
Equipment Rental Establishment
Machine Shop
Office
Public Authority Use (see Section 4.30)
Public Utility (see Section 4.30)
Retail outlet
Service Outlet
Communications Facility
15.2 Zone Regulations
15.2 - M1 Zone Regulations
Industrial Use
Accessory Use, Building
or Structure
Minimum Lot Area
925 m2 [9,957 ft.2]
n/a
Minimum Lot Frontage
30 m [98.4 ft.]
n/a
Minimum Front Yard
9 m [29.5 ft.]
9 m [29.5 ft.]
Township of Moonbeam Zoning By-law
File P-2690
Page 141
15.2 - M1 Zone Regulations
Industrial Use
Accessory Use, Building
or Structure
Minimum Rear Yard
15 m [49.2 ft.] or 20 m
[65.6 ft.] where the rear
lot line abuts a
residential use or
residential zone
3 m [9.84 ft.] or 15 m [49.2
ft.] where the rear lot line
abuts a residential use or
residential zone
Minimum Interior Side Yard
5 m [16.4 ft.] or 60 m
[65.6 ft.] where the yard
abuts a residential zone
3 m [9.84 ft.] or 20 m [65.6
ft.] where the yard abuts a
residential zone
Minimum Exterior Side Yard
9 m [29.5 ft.]
9 m [29.5 ft.]
Maximum Height
15 m [49.2 ft.]
15 m [49.2 ft.]
Maximum Lot Coverage
60%
10% included in total
Separation Distance between the
main building and any accessory
building
3 m [9.84 ft.]
3 m [9.84 ft.]
15.3 Additional Regulations
1.
All applicable provisions of Section 4 - General Provisions shall apply. (See
4.18.3 for minimum separation distances for industrial uses.)
2.
The building setback shall be exempted for that portion of any lot that abuts a
railroad right-of-way.
3.
The minimum setback from the high water mark of Cantin Lake for any permitted
use in the M1 Zone shall be 50 m [164 ft.]
15.4 Zone Exceptions
Township of Moonbeam Zoning By-law
File P-2690
Page 142
Section 16 HEAVY INDUSTRIAL (M2) ZONE
No person shall use any land or erect, alter or use any building or structure in the Heavy
Industrial (M2) Zone except in accordance with the following zone regulations:
16.1 Permitted Main Uses
16.1 - M2 Permitted Uses
Main Use
Accessory Use
Industrial Uses:
Class I, II and III Industrial Use
Batch Plant
Bulk Fuel Depot
Bulk Storage Yard
Construction Yard or Contractor's Yard
Electrical Generation or Cogeneration Facility
Equipment and Vehicle Storage Yard, Industrial
Logging Hauler
Lumber Yard
Retail and Supply Services for Mining and Forest
Products
Sawmill and Planing Mill
Service Shop
Transportation Depot or Truck Terminal
Warehouse
Welding Shop
Accessory use, building or
structure (see 4.1)
Office
Commercial and Other Uses:
Auto Body Shop
Auto Repair Garage
Public Authority Use (see Section 4.30)
Public Utility (see Section 4.30)
Self-service Storage
Accessory use, building or
structure (see 4.1)
Office
16.2 Zone Regulations
16.2 - M2 Zone Regulations
Industrial Use
Accessory Use, Building
or Structure
Minimum Lot Area
0.4 ha [1 ac]
n/a
Minimum Lot Frontage
40 m [131.2 ft.]
n/a
Minimum Front Yard
10 m [32.8 ft.]
10 m [32.8 ft.]
Minimum Rear Yard
15 m [49.2 ft.] or 20 m
[65.6 ft.] where the yard
abuts a residential zone
3 m [9.84 ft.] or 15 m [49.2
ft.] where the yard abuts a
residential zone
Township of Moonbeam Zoning By-law
File P-2690
Page 143
16.2 - M2 Zone Regulations
Industrial Use
Accessory Use, Building
or Structure
Minimum Interior Side Yard
6 m [19.7 ft.] or 15 m
[49.2 ft.] where the yard
abuts a residential zone
3 m [9.84 ft.] or 15 m [49.2
ft.] where the yard abuts a
residential zone
Minimum Exterior Side Yard
10 m [32.8 ft.]
10 m [32.8 ft.]
Maximum Height
15 m [49.2 ft.]
15 m [49.2 ft.]
Maximum Lot Coverage
50%
10% included in total
Separation Distance between the
main building and any accessory
building
3 m [9.84 ft.]
3 m [9.84 ft.]
16.3 Additional Regulations
1.
All applicable provisions of Section 4 - General Provisions shall apply. (See
4.18.3 for minimum separation distances for industrial uses.)
2.
The building setback shall be exempted for that portion of any lot that abuts a
railroad right-of-way.
16.4 Zone Exceptions
Township of Moonbeam Zoning By-law
File P-2690
Page 144
Section 17 MINERAL AGGREGATE RESOURCE (M3) ZONE
No person shall use any land or erect, alter or use any building or structure in the Mineral
Aggregate Resource (M3) Zone except in accordance with the following zone regulations:
17.1 Permitted Uses
17.1 - M3 Permitted Uses
Main Use
Accessory Use
Mineral Aggregate Operation
Pit
Portable Asphalt Plant
Public Utility (see Section 4.30)
Quarry
Wayside Pit
Wayside Quarry
Accessory use, building or structure
(see 4.1)
Office
17.2 Zone Regulations
17.2 - M3 Zone Regulations
Mineral Aggregate
Operation, Pit, Quarry
Accessory Use, Building
or Structure
Minimum Lot Area
n/a
n/a
Minimum Lot Frontage
n/a
n/a
Minimum Front Yard and Minimum
Exterior Side Yard abutting a
street to face of excavation
30 m [98.4 ft.]
5 m [16.4 ft.]
Minimum Rear Yard
15 m [49.2 ft.]
Minimum Interior Side Yard
17.3 Additional Regulations
1.
All applicable provisions of Section 4 - General Provisions shall apply. (See
4.18.2 for minimum separation distances for pits and quarries.)
2.
Any mineral aggregate operation, pit or quarry shall comply with any By-law
passed under the Municipal Act governing a mineral aggregate operation, pit or
quarry.
3.
No portable asphalt plant, wayside pit or wayside quarry shall operate without a
valid Environmental Compliance Approval.
Township of Moonbeam Zoning By-law
File P-2690
Page 145
17.4 Zone Exceptions
Township of Moonbeam Zoning By-law
File P-2690
Page 146
Section 18 MINING (M4) ZONE
No person shall use any land or erect, alter or use any building or structure in the Mining (M4)
Zone except in accordance with the following zone regulations:
18.1 Permitted Uses
18.1 - M4 Permitted Uses
Main Use
Accessory Use
Mining Exploration and prospecting
Mineral Aggregate Operation
Mineral Mining Operation
Supporting infrastructure; for example, water
supply and waste disposal facilities, hydroelectric
power facilities, natural gas facilities, roads
On-site Smelting and processing
Pit or Quarry
Storage buildings
Forestry Use
Accessory use, building or structure
(see 4.1)
Accessory uses essential to
mineral extraction operations (e.g.
administration offices, weigh
scales, assay office, power plant,
lunch room, security facilities) and
including only an accessory
dwelling unit required for security or
administration of mining operations.
18.2 Zone Regulations
18.2 - M4 Zone Regulations
Industrial Use
Accessory Use, Building
or Structure
Minimum Lot Area
n/a
n/a
Minimum Lot Frontage
n/a
n/a
Minimum Front Yard
50 m [164 ft.]
Pit or Quarry - in accordance with Section
18.2
Minimum Rear Yard
Minimum Interior Side Yard
Minimum Exterior Side Yard
18.3 Additional Regulations
1.
All applicable provisions of Section 4 - General Provisions shall apply. (See
4.18.3 for minimum separation distances for industrial uses.)
2.
All mines and mining operations shall be developed, operated or closed in
compliance with the Mining Act and the Environmental Protection Act.
3.
Pits and quarries shall be operated in accordance with Section 18.
Township of Moonbeam Zoning By-law
File P-2690
Page 147
18.4 Zone Exceptions
Township of Moonbeam Zoning By-law
File P-2690
Page 148
Section 19 WASTE MANAGEMENT (M5) ZONE
No person shall use any land or erect, alter or use any building or structure in the Waste
Management (M5) Zone except in accordance with the following zone regulations:
19.1 Permitted Uses
19.1 - M5 Permitted Uses
Main Use
Accessory Use
Sewage Works including a waste water
stabilization pond
Waste Management Facility
Recycling Depot or Transfer Station
Accessory use, building or
structure (see 4.1)
19.2 Zone Regulations
19.2 - M5 Zone Regulations
Industrial Use
Accessory Use, Building
or Structure
Minimum Lot Area
n/a
n/a
Minimum Lot Frontage
n/a
n/a
Minimum Lot Depth
n/a
n/a
Minimum Front Yard
30 m [98.4 ft.]
30 m [98.4 ft.]
Minimum Rear Yard
30 m [98.4 ft.]
30 m [98.4 ft.]
Minimum Interior Side Yard
30 m [98.4 ft.]
30 m [98.4 ft.]
Minimum Exterior Side Yard
30 m [98.4 ft.]
30 m [98.4 ft.]
19.3 Additional Regulations
1.
No Waste Management Facility shall be operated without and except in
conformity with a currently valid Environmental Compliance Approval issued by
the Ministry of the Environment.
2.
All applicable provisions of Section 4 - General Provisions shall apply. (See
4.18.1 for minimum separation distances for waste management facilities.)
19.4 Zone Exceptions
Township of Moonbeam Zoning By-law
File P-2690
Page 149
Section 20 SALVAGE YARD (M6) ZONE
No person shall use any land or erect, alter or use any building or structure in the Salvage Yard
(M6) Zone except in accordance with the following zone regulations:
20.1 Permitted Uses
20.1 - M6 Permitted Uses
Main Use
Accessory Use
Industrial Uses:
Salvage Yard:
On lands zoned for a salvage yard, the uses shall
include the storage, crushing, dismantling, recycling,
sorting or transfer of vehicles, building materials, non-
hazardous wastes, junk and other materials and shall
include the incidental retail, shipping and receiving of
such materials.
Accessory use, building or
structure (see 4.1)
Accessory uses may include
storage buildings, crushing or
processing equipment, waste
storage facilities and
administration facilities.
20.2 Zone Regulations
20.2 - M6 Zone Regulations
Industrial Use
Accessory Use, Building
or Structure
Minimum Lot Area
4 ha [10 ac.]
n/a
Minimum Lot Frontage
120 m [393.7 ft.]
n/a
Minimum Front Yard
15 m [49.2 ft.]
Minimum Rear Yard
Minimum Interior Side Yard
Minimum Exterior Side Yard
Maximum Height
15 m [49.2 ft.]
15 m [49.2 ft.]
20.3 Additional Regulations
1.
All salvage yards shall be developed, operated or closed in compliance with the
Environmental Protection Act.
2.
Where a salvage yard in an M6 zone abuts a residential zone or a residential
use or a sensitive land use on an adjacent lot, the wrecking yard shall be
adequately screened on all sides either naturally or by artificial means (e.g.
berm, fence, vegetation or a combination thereof) such that no portion of the
operation including any storage area can be seen from a public road or from any
other property.
Township of Moonbeam Zoning By-law
File P-2690
Page 150
3.
All applicable provisions of Section 4 - General Provisions shall apply.
20.4 Zone Exceptions
Township of Moonbeam Zoning By-law
File P-1700
Page 151
Section 21 OPEN SPACE (OS) ZONE
No person shall use any land or erect, alter or use any building or structure in the Open Space
(OS) Zone except in accordance with the following zone regulations:
21.1 Permitted Uses
21.1 - OS Permitted Uses
Main Use
Accessory Use
Open Space Uses:
Areas of Archeological Potential
Boat Launch
Built Heritage Resource
Cemetery
Conservation Use
Community Garden
Cultural Heritage Landscape
Forestry Use (tree nursery)
Park
Playground
Skateboard Park
Sports Field
Accessory use, building or
structure including an information
kiosk, interpretation center, food
concession or refreshment pavilion
(see 4.1)
21.2 Zone Regulations
21.2 - OS Zone Regulations
Open Space Use
Accessory Use, Building
or Structure
Minimum Lot Area
n/a
n/a
Minimum Lot Frontage
n/a
n/a
Minimum Lot Depth
n/a
n/a
Minimum Front Yard
10 m [32.8 ft.]
10 m [32.8 ft.]
Minimum Rear Yard
10 m [32.8 ft.]
10 m [32.8 ft.]
Minimum Interior Side Yard
8 m [26.2 ft.]
8 m [26.2 ft.]
Minimum Exterior Side Yard
7.5 m [24.6 ft.]
7.5 m [24.6 ft.]
Maximum Height
10.5 m [34.4 ft.]
10.5 m [34.4 ft.]
21.3 Additional Regulations
1. All applicable provisions of Section 4 - General Provisions shall apply.
Township of Moonbeam Zoning By-law
File P-1700
Page 152
21.4 Zone Exceptions
Township of Moonbeam Zoning By-law
File P-1700
Page 153
Section 22 ENVIRONMENTAL PROTECTION (EP) ZONE
No person shall use any land or erect, alter or use any building or structure in the Environmental
Protection (EP) Zone except in accordance with the following zone regulations:
22.1 Permitted Uses
22.1 - OS Permitted Uses
Main Use
Accessory Use
Open Space Uses:
Agricultural Use excluding any buildings
Areas of Archeological Potential
Boat Launch
Built Heritage Resource
Conservation Use
Community Garden
Cultural Heritage Landscape
Flood Control and erosion use
Forestry Use (tree nursery)
Park excluding any buildings
Playground
Skateboard Park
Sports Field excluding any buildings
Wildlife and Fish Management Area
Accessory use, building or
structure including an information
kiosk (see 4.1)
Marine Facility
Parking Area
22.2 Zone Regulations
22.2 - OS Zone Regulations
Open Space Use
Accessory Use
Minimum Lot Area
n/a
n/a
Minimum Lot Frontage
n/a
n/a
Minimum Lot Depth
n/a
n/a
Minimum Front Yard
n/a
3 m [9.84 ft.] for any
structure
Minimum Rear Yard
n/a
Minimum Interior Side Yard
n/a
Minimum Exterior Side Yard
n/a
Maximum Height
n/a
n/a
22.3 Additional Regulations
1. All applicable provisions of Section 4 - General Provisions shall apply
Township of Moonbeam Zoning By-law
File P-1700
Page 154
Section 23 RURAL (RU) ZONE
No person shall use any land or erect, alter or use any building or structure in the Rural (RU)
Zone except in accordance with the following zone regulations:
23.1 Permitted Uses
23.1 - RU Permitted Uses
Main Use
Accessory Use
Residential Uses:
-
Single Detached Dwelling
-
Seasonal Dwelling
-
Mobile Home
-Accessory use, building or structure
(see 4.1.1)
-Accessory Residential Use (see
4.1.2)
-Bed & Breakfast Establishment (see
4.1.3)
-Fences (see 4.1.)
-Garden Suite (see 4.1.9)
-Swimming Pools (see 4.1.13)
-Home Industry (see 4.12)
Rural Uses:
-Agriculture Use
-Agriculture Related Use
-Ambulance Facility
-Camp
-Commercial Greenhouse, Nursery or Garden Centre
-Commercial Solar Collector
-Commercial Wind Turbine
-Communications Facility (see Sections 4.9.1 &
4.23.2)
-Conservation Use
-Equestrian Establishment
-Greenhouse
-Fairground
-Forestry Use
-Hobby Farm
-Kennel
-Logging Operation
-Marine Facility
-Pet Cemetery
-Portable Asphalt Plant
-Portable Concrete Plant
-Public Authority Use (see Section 4.29)
-Public Utility (see Section 4.29)
-Railroad Use
-Shooting Range or Rifle Club
-Wayside Pit or Quarry
-Accessory use, building or structure
(see 4.1.1)
-Fences (see 4.1.8)
-Up to two (2) Accessory Dwellings to
an Agricultural Use (see Section
23.2) or Hobby Farm
-Farm Produce Outlet accessory to
an Agricultural Use
-Home Industry (see 4.12)
Township of Moonbeam Zoning By-law
File P-1700
Page 155
23.2 Zone Regulations
23.2 - Ru Zone Regulations
Rural Uses
Accessory Use,
Building or Structure
Minimum Lot Area
24 ha [59.3 ac.]
n/a
Minimum Lot Frontage
200 m [656.2 ft.]
n/a
Minimum Front Yard
9 m [29.5 ft.]
9 m [29.5 ft.]
Minimum Rear Yard
9 m [29.5 ft.]
5 m [16.4 ft.]
Minimum Interior Side Yard
15 m [49.2 ft.]
5 m [16.4 ft.]
Minimum Exterior Side Yard
9 m [29.5 ft.]
9 m [29.5 ft.]
Maximum Height
10.5 m [34.4 ft.]
6 m [19.6 ft.]
Maximum Lot Coverage
n/a
n/a
Maximum Number of Dwellings
(excluding a Garden Suite)
1 except for an agricultural
use where a 2nd accessory
dwelling required for farm
help shall be permitted
n/a
23.3 Additional Regulations
1. All applicable provisions of Section 4 - General Provisions shall apply.
2. Any commercial wind farm and commercial solar collector shall meet the
regulations of the Green Energy and Green Economy, Act, 2002.
3. The minimum separation distance between a the main wall of a kennel and/or a dog
run associated with a kennel and the main wall of an existing dwelling on an
adjacent lot shall be 150 m [492 ft.].
23.4 Zone Exceptions
1. Rural Exception One (RU-X1) Zone (By-law 3-87)
Despite the zone regulations of the RU Zone, on lands zoned RU-X1, as shown on
Schedule "A" to this By-law, the following uses are permitted:
a. Single Detached Dwelling
b. Home Industry as an accessory use
Despite the zone regulations of the RU Zone, on lands zoned RU-X1 as shown on
Schedule "A" to this By-law, the following zone regulations shall apply:
Township of Moonbeam Zoning By-law
File P-1700
Page 156
a. Minimum Lot Area
2,000 m2 [21,528.5 ft.2]
b. Minimum Lot Frontage
45 m [147.6 ft.]
c. Maximum Lot Coverage 20%
2. Rural Exception Two (RU-X2) Zone (By-law 11-90)
Despite the zone regulations of the RU Zone, on lands zoned RU-X2, as shown on
Schedule "A" to this By-law, the following uses are permitted:
a. Equestrian Establishment
b. Hobby Farm
3. Rural Exception Three (RU-X3) Zone (By-law 11-03)
Despite the zone regulations of the RU Zone, on lands zoned RU-X3, as shown on
Schedule "A" to this By-law, the following uses are permitted:
a. Single Detached Dwelling
b. Commercial Rental Storage Unit
Despite the zone regulations of the RU Zone, on lands zoned RU-X3 as shown on
Schedule "A" to this By-law, the following zone regulations shall apply:
a. Minimum Lot Area
0.45 ha [1.1 acre]
b. Minimum Lot Frontage
75 m [246 ft.]
c. Minimum Building Separation between a residential building and a
detached non-residential building or a residential building and an
accessory building -
10 m [32.8 ft.]
d. Minimum Building Separation between a detached non-residential building
or detached non-residential building and an accessory building - 5 m
[16.4 ft.]
e. No open storage shall be permitted
f. Maximum number of commercial rental storage units - 12
4. Rural Exception Four (RU-X4) Zone (By-law 12-09)
Despite the zone regulations of the RU Zone, on lands zoned RU-X4, as shown on
Schedule "A" to this By-law, the following uses are permitted:
a. Single detached dwelling
b. Home Industry as an accessory use
Despite the zone regulations of the RU Zone, on lands zoned RU-X4 as shown on
Schedule "A" to this By-law, the following zone regulations shall apply:
a. Minimum Lot Area
16,000 m2 [172,228..2 ft.2]
5. Rural Exception Five (RU-X5) Zone (By-law 16-10)
Despite the zone regulations of the RU Zone, on lands zoned RU-X5, as shown on
Schedule "A" to this By-law, the following uses are permitted:
Township of Moonbeam Zoning By-law
File P-1700
Page 157
a. Single detached dwelling
b. Seasonal dwelling
c. Converted dwelling
Despite the zone regulations of the RU Zone, on lands zoned RU-X5 as shown on
Schedule "A" to this By-law, the following zone regulations shall apply:
a. Minimum Lot Area
3,200 m2 [34,445.6 ft.2]
b. Minimum Lot Frontage
40 m [131.2 ft.]
c. Maximum Lot Coverage
10%
6. Rural Exception Six (RU-X6) Zone (By-law 25-10)
Despite the zone regulations of the RU Zone, on lands zoned RU-X6, as shown on
Schedule "A" to this By-law, the following uses are permitted:
a. Workshop only
Despite the zone regulations of the RU Zone, on lands zoned RU-X6 as shown on
Schedule "A" to this By-law, the following zone regulations shall apply:
a. Minimum Lot Area
6,500 m2 [69,967.7 ft.2]
b. Minimum Lot Frontage
90 m [295.2 ft.]
c. Maximum Lot Coverage
10%
d. Minimum Interior Side Yard
5 m [16.4 ft.]
7. Rural Exception Seven (RU-X7) Zone (By-law 12-05)
Despite the zone regulations of the RU Zone, on lands zoned RU-X7 as shown on
Schedule "A" to this By-law, the following zone regulations shall apply:
a. Minimum Lot Area
23.5 ha [58 acres]
b. Minimum Dwelling Unit Area
100 m2 [1,076.4 ft.2]
EP
RU
RU
OS
OS
EP
RS
RS
RS
EP
EP
EP
EP
M1
EP
M1
CT
M1
M5
RU
RU
RU
EP
EP
EP
RU-X5
RU-X7
RU
RU
RU
RU
RU
EP
EP
EP
EP
EP
RU
RU
RU
RU
EP
EP
EP
EP
RU-X8
EP
EP
EP
M1
EP
EP
EP
OS
M1
M3
M1
EP
M1
RW
I-X1
M1
RU-X2
RU-X1
C2-X1
CT-X2
OS
M3
Draft Date: November 2016
Digital Map Created By:
CGIS Spatial Solutions
52 South St
Perth, ON K7H 2G7
TEL: 613-368-4321
www.cgis.com
Note: The base information on this plan was prepared from a variety
of map sources and was used by permission of the Township of
Moonbeam. It is not a legal plan of survey. For precise location of
plan features recourse should be had to the original source data.
TOWNSHIP OF MOONBEAM
ZONING BY-LAW
SCHEDULE A to BY-LAW No.
Zoning Designations
R1
Residential First Density
R2
Residential Second Density
RM
Residential Multiple
RS
Seasonal Residential
RW
Waterfront Residential
C1
General Commercial
C2
Highway Commercial
CT
Recreational Commercial
I
Institutional
M1
General Industrial
M2
Heavy Industrial
M3
Mineral Aggregate Resource
M4
Mining
M5
Waste Management
M6
Salvage Yard
OS
Open Space
EP
Environmental Protection
RU
Rural
Provincial Park
Transportation
Provincial Highway
Township Road
Private Road
CNR Railway
Trans Canada Pipeline
HEPC Transmission Line
Tunnock Consulting Ltd.
Provincial Highway 11
Provincial Highway 11
Provincial Highway 11
Chain of Lakes
Road
Chain of Lakes
Road
Beauvais Road
Ste. Marie Road
Fanning Lake Road
D'amour Road
St Joseph Road
St Joseph Road
Ouellette Bay Road
Walker Road
Nursery Road
Provincial Highway 581
Lily Crescent
Road
CSR6 Fauquier
Machin Road
Muskrat
Lake
Brochet
Lake
Bonner
Lake
Potvin
Lake
Charette
Lake
D'Amour
Lake
Orignal
Lake
Marten
Lake
Batiste
Lake
SEE SCHEDULE A1
SEE SCHEDULE A2
EP
OS
RW
RW
RW
RW
RW-X9
RU
RS
500m
0
250m
750m 1000m 1250m
RU
Remi Lake
MOONBEAM
Flood Elevation 227.25 m
Con 9
Lot 1
Lot 2
Lot 3
Lot 4
Lot 5
Lot 6
Lot 7
Lot 8
Lot 9
Lot 10
Lot 11
Lot 12
Lot 13
Lot 14
Lot 15
Lot 16
Lot 17
Lot 18
Lot 19
Lot 20
Con 9
Lot 21
Con 10
Lot 1
Con 11
Lot 1
Con 12
Lot 1
Con 10
Lot 1
Con 11
Lot 1
Con 12
Lot 1
Con 1
Lot 1
Con 2
Lot 1
Con 3
Lot 1
Con 4
Lot 1
Con 5
Lot 1
Con 6
Lot 1
Con 7
Lot 1
Con 8
Lot 1
Con 9
Lot 1
Con 10
Lot 1
Con 11
Lot 1
Con 12
Lot 1
Lot 2
Lot 3
Lot 4
Lot 5
Lot 6
Lot 7
Lot 8
Lot 9
Lot 10
Lot 11
Lot 12
Lot 13
Lot 14
Lot 15
Lot 16
Lot 17
Lot 18
Lot 19
Lot 20
Lot 21
Lot 22
Lot 23
Lot 24
Lot 25
Lot 26
Lot 27
Lot 28
Con 1
Lot 29
Con 2
Lot 29
Con 3
Lot 29
Con 4
Lot 29
Con 5
Lot 29
Con 6
Lot 29
Con 7
Lot 29
Con 8
Lot 29
Con 9
Lot 29
Con 10
Lot 29
Con 11
Lot 29
Con 12
Lot 29
Remi Lake
Flood Elevation 227.25 m
Township of Gurney
Township of Nansen
Township of Fauquier-Strickland
Township of O'Brien
Kitigan River
Kitigan River
Marten Creek
Marten Creek
D'Amour Creek
D'Amour Creek
Rene Brunelle Provincial Park
Rene Brunelle
Provincial Park
St. Jean Road
Cantin
Lake
Fanning
Lake
South
Tower
Lake
North Tower
Lake
Gendron
Lake
Larduche
Lake
Beavertail
Lake
Beavertail Creek
Lily River
EP
EP
EP
EP
Airplane
Island
Duck
Island
Pickerel
Point
Fishermen's
Bay
Ski Hill Road
RU
Tower
Road
Credger
Road
Jean
Street
Draft Date: November 2016
Digital Map Created By:
CGIS Spatial Solutions
52 South St
Perth, ON K7H 2G7
TEL: 613-368-4321
www.cgis.com
Note: The base information on this plan was prepared from a variety
of map sources and was used by permission of the Township of
Moonbeam. It is not a legal plan of survey. For precise location of
plan features recourse should be had to the original source data.
TOWNSHIP OF MOONBEAM
ZONING BY-LAW
SCHEDULE A1 to BY-LAW No.
Zoning Designations
R1
Residential First Density
R2
Residential Second Density
RM
Residential Multiple
RS
Seasonal Residential
RW
Waterfront Residential
C1
General Commercial
C2
Highway Commercial
CT
Recreational Commercial
I
Institutional
M1
General Industrial
M2
Heavy Industrial
M3
Mineral Aggregate Resource
M4
Mining
M5
Waste Management
M6
Salvage Yard
OS
Open Space
EP
Environmental Protection
RU
Rural
Provincial Park
Transportation
Provincial Highway
Township Road
Private Road
CNR Railway
Trans Canada Pipeline
HEPC Transmission Line
Tunnock Consulting Ltd.
500m
0
250m
750m 1000m 1250m
M5
M1
M1
OS
M1
OS
RM
M1
I
RM
M1
C1
C1
RM
I
C1
M1
RM
C1
RM
C1
C1
RM
M1
C1
C1
RM
M1
CT
CT-X3
C1
R1
OS
M1
C2
RU
RU
RU
RU
RU
RU
R1
R1
R1
R1
R1
R1
EP
RM-X1
Beauvais Road
Provincial Highway 581
Provincial
Provincial
Cimon St
Filion St
Filion St
Albert St
Marco Ave
St Aubin Ave
Leonard Ave
Rene Brunelle Ave
St Aubin Ave
See Schedule A
See Schedule A
See Schedule A
See Schedule A
Beaver Creek
Con 3
Lot 12
Con 2
Lot 12
Lot 11
Lot 10
Lot 9
Lot 11
Lot 10
Lot 9
Con 3
Lot 9
Con 2
Lot 9
Highway 11
Highway 11
Pelletier Ave
Corbeil St
C2
M1
Draft Date: November 2016
Digital Map Created By:
CGIS Spatial Solutions
52 South St
Perth, ON K7H 2G7
TEL: 613-368-4321
www.cgis.com
Note: The base information on this plan was prepared from a variety
of map sources and was used by permission of the Township of
Moonbeam. It is not a legal plan of survey. For precise location of
plan features recourse should be had to the original source data.
TOWNSHIP OF MOONBEAM
ZONING BY-LAW
SCHEDULE A2 to BY-LAW No.
Zoning Designations
R1
Residential First Density
R2
Residential Second Density
RM
Residential Multiple
RS
Seasonal Residential
RW
Waterfront Residential
C1
General Commercial
C2
Highway Commercial
CT
Recreational Commercial
I
Institutional
M1
General Industrial
M2
Heavy Industrial
M3
Mineral Aggregate Resource
M4
Mining
M5
Waste Management
M6
Salvage Yard
OS
Open Space
EP
Environmental Protection
RU
Rural
Provincial Park
Transportation
Provincial Highway
Township Road
Private Road
CNR Railway
Trans Canada Pipeline
HEPC Transmission Line
Tunnock Consulting Ltd.
Bonner
Lake
500m
0
250m
750m 1000m 1250m
Remi Lake
Flood Elevation 227.25 m
Lot 8
Lot 9
Lot 10
Lot 11
Lot 12
Lot 13
Lot 14
Lot 15
Lot 16
Lot 17
Con 6
Lot 7
Con 7
Lot 7
Con 8
Lot 7
Con 9
Lot 7
Con 10
Lot 7
Con 11
Lot 7
Con 6
Lot 18
Con 7
Lot 18
Con 8
Lot 18
Con 9
Lot 18
Con 10
Lot 18
Con 11
Lot 18
Rene Brunelle Provincial Park
Rene Brunelle
Provincial Park
Provincial Park Road
RW
RW
EP
OS
OS
RU
EP
RW
EP
EP
RW
RW
OS
OS
RU
RW
RW
RW
RU-X9
RW
I-X1
OS
CT
M1
CT-1
OS
RW
RW
CT
CT
RS-1
I-X1
OS
RW
CT
RW
RW
RW
RW
RW
RW-X1
RW-X1
RW-X1
RW-X1
RW-X1
RW
RW-X3
RW-X4
RW-X1
RW-X7
RW-X8
RW
RU
RU
RU
RU
RU
RU
RU
RU
OS
OS
RW
RW-X6
RW-X1
RW
RW-X2
RW-X5
RW
RW
RU
EP
RS
EP
EP
EP
EP
EP
EP
EP
RU
EP
Provincial Park Rd
Bonner Lake Rd
Sailing Club Rd
Remi
Provincial Lake Rd
Lefebvre Rd
Ouellette Bay Rd
Des Phres Rd
Bayview Rd
Walker Rd
Walker Rd
Windy Point Rd
Domaine Du Portage
Rocky Point Rd
Lakeview Dr
Lefebvre Rd
EP
See Schedule A
See Schedule A
See Schedule A
See Schedule A
Bray
Island
Buell
Island
RW-X3
Research
Bay
Gable
Point
Grindstone
Bay
Bradley
Bay
Scouts
Point
Air Base
Bay
Remi Peninsula
Windy
Point
Kitigan
Bay
Lake Rd
RW
Peninsula Rd
Dallaire Rd
Lecuyer
Peninsula Rd
Rd
Patterson Rd
RW-X1
RW
C2-X2