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Town of Moosonee
Zoning By-law - # 37-07
as amended from time to time
Original By-law Passed - September 1, 2007
Consolidated to include Housekeeping Update - March 20, 2012
TABLE OF CONTENTS
SECTION 1
.............................................................................................................................. 1
ADMINISTRATION ......................................................................................................................... 1
1.1
TITLE .............................................................................................................................. 1
1.2
AREA AFFECTED BY THIS BY-LAW ............................................................................ 1
1.3
BUILDING PERMITS ...................................................................................................... 1
1.4
ENFORCEMENT ............................................................................................................ 1
1.5
SEVERABILITY PROVISION .......................................................................................... 1
1.6
REPEAL OF EXISTING BY-LAWS AND ZONING ORDERS ......................................... 1
1.7
EFFECTIVE DATE .......................................................................................................... 2
1.8
USE OF LAND ................................................................................................................ 2
SECTION 2
.............................................................................................................................. 3
ESTABLISHMENT OF ZONES ...................................................................................................... 3
2.1
ZONES ............................................................................................................................ 3
2.2
ZONE SCHEDULE.......................................................................................................... 3
2.3
SPECIAL ZONES ............................................................................................................ 3
2.4
DETERMINING ZONE BOUNDARIES ........................................................................... 3
2.5
COMPLIANCE WITH ZONING BY-LAW ........................................................................ 4
2.6
HOLDING PROVISIONS ................................................................................................ 4
SECTION 3
.............................................................................................................................. 5
GENERAL PROVISIONS ............................................................................................................... 5
3.1
APPLICATION ................................................................................................................ 5
3.2
ACCESSORY BUILDINGS, STRUCTURES AND USES ............................................... 5
3.3
ACCESS ......................................................................................................................... 7
3.4
NUMBER OF DWELLING UNITS ON A LOT ................................................................. 7
3.5
ESTABLISHED BUILDING LINE IN RESIDENTIAL ZONE ............................................ 7
3.6
GROUP HOMES AND CRISIS CENTRES ..................................................................... 8
3.7
HEIGHT EXCEPTIONS .................................................................................................. 8
3.8
HOME OCCUPATION .................................................................................................... 8
3.9
HOME INDUSTRY .......................................................................................................... 9
3.10
LOADING SPACE REQUIREMENTS ............................................................................. 9
3.11
MINIMUM OPENING ELEVATION ............................................................................... 10
3.12
MULTIPLE ZONES ON ONE LOT ................................................................................ 10
3.13
NON-CONFORMING USES ......................................................................................... 10
3.14
NON-COMPLYING LOTS, BUILDINGS, STRUCTURES AND USES ......................... 11
3.15
NOXIOUS TRADE ........................................................................................................ 12
3.16
PARKING AREA REGULATIONS ................................................................................ 12
3.17
PEAT EXTRACTION, PITS AND QUARRIES .............................................................. 15
3.18
PLANTING STRIPS ...................................................................................................... 15
3.19
PUBLIC USES .............................................................................................................. 16
3.20
REDUCTION OF REQUIREMENTS............................................................................. 17
3.21
RESTRICTIONS ON DWELLING UNITS IN NON-RESIDENTIAL BUILDINGS .......... 17
3.22
SECONDARY DWELLING UNITS ............................................................................... 18
3.23
SERVICES REQUIRED ................................................................................................ 18
3.24
SIGHT TRIANGLES ...................................................................................................... 18
3.25
SIGNS ........................................................................................................................... 18
3.26
SPECIAL SETBACKS ................................................................................................... 18
3.27
TEMPORARY USES PERMITTED ............................................................................... 19
3.28
THROUGH LOTS ......................................................................................................... 19
SECTION 4
............................................................................................................................ 20
ZONE PROVISIONS .................................................................................................................... 20
4.1
RESIDENTIAL TYPE ONE (R1) ZONE ........................................................................ 20
4.2
MULTIPLE RESIDENTIAL (RM) ZONE ........................................................................ 21
4.3
RURAL RESIDENTIAL (RR) ZONE .............................................................................. 22
4.4
DOWNTOWN COMMERCIAL (C1) ZONE .................................................................. 23
4.5
NEIGHBOURHOOD COMMERCIAL (C2) ZONE ......................................................... 25
4.6
LIGHT INDUSTRIAL (M1) ZONE.................................................................................. 26
4.7
HEAVY INDUSTRIAL (M2) ZONE ................................................................................ 27
4.8
EXTRACTIVE INDUSTRIAL (MX) ZONE ..................................................................... 28
4.9
WASTE DISPOSAL INDUSTRIAL (MD) ZONE ............................................................ 29
4.10
INSTITUTIONAL (I) ZONE .......................................................................................... 30
4.11
OPEN SPACE (OS) ZONE .......................................................................................... 31
4.12
NATURAL RESOURCE (NR) ZONE ............................................................................ 32
4.13
HAZARD LANDS (HZ) ZONE ....................................................................................... 33
4.14
NO DEVELOPMENT (ND) ZONE ................................................................................ 34
SECTION 5
............................................................................................................................ 35
DEFINITIONS ............................................................................................................................ 35
SECTION 6
............................................................................................................................ 57
ENACTMENT ............................................................................................................................ 57
Town of Moosonee Zoning By-Law
1
Prepared by MHBC
September 1, 2007
Housekeeping Update March 5, 2012
SECTION 1
ADMINISTRATION
1.1
TITLE
This By-law may be referred to as "The Zoning By-law of the Town of
Moosonee."
1.2
AREA AFFECTED BY THIS BY-LAW
This By-law applies to all lands, islands and lands under water within the Town
of Moosonee.
1.3
BUILDING PERMITS
The requirements of this By-law must be met before a Building Permit is issued
for the erection, demolition, additions to or alteration of any building or structure.
1.4
ENFORCEMENT
Any person convicted of a violation of this By-law is liable on first conviction to a
fine of not more than $25,000.00 and on a subsequent conviction to a fine of not
more than $10,000.00 for each day or part thereof upon which the contravention
has continued after the day on which the person was first convicted in
accordance with The Planning Act.
Any Corporation convicted of violation of this By-law is liable on first conviction to
a fine of not more than $50,000.00 and on a subsequent conviction to a fine of
not more than $25,000.00 for each day or part thereof upon which the
contravention has continued after the day on which the person was first
convicted in accordance with The Planning Act.
In case any buildings or structure or any part thereof is to be erected, altered,
reconstructed or extended, or any lot is being used or is to be used, in
contravention of any requirement of this By-law, such contravention may be
restrained by action at the instance of any rate-payer or of the Town pursuant to
the provisions of The Planning Act, 1990 and/or the Municipal Act (1990) and/or
any other legislation applicable.
1.5
SEVERABILITY PROVISION
A decision of a Court 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.
1.6
REPEAL OF EXISTING BY-LAWS AND ZONING ORDERS
Upon this By-law coming into force and effect, By-law No. 21-06 of the Town of
Moosonee and all amendments thereto are hereby repealed.
Town of Moosonee Zoning By-Law
2
Prepared by MHBC
September 1, 2007
Housekeeping Update March 5, 2012
1.7
EFFECTIVE DATE
This By-law shall come into force the day that it was passed where there are no
appeals filed or where appeals are filed, where all of the appeals are finally
disposed of by the Ontario Municipal Board.
1.8
USE OF LAND
No lands within the area covered by this By-law shall be used for any purpose
unless as otherwise permitted by this By-law.
Town of Moosonee Zoning By-Law
3
Prepared by MHBC
September 1, 2007
Housekeeping Update March 5, 2012
SECTION 2
ESTABLISHMENT OF ZONES
2.1
ZONES
For the purposes of this By-law, the following Zones are established and they
may be referred to by the name or by the symbol set opposite the name of the
zone below:
R1
-
Residential Type One
RM
-
Residential Multiple
RR
-
Rural Residential
C1
-
Downtown Commercial
C2
-
Neighbourhood Commercial
M1
-
Light Industrial
M2
-
Heavy Industrial
MX
-
Extractive Industrial
WD
-
Waste Disposal Industrial
I
-
Institutional
OS
-
Open Space
NR
-
Natural Resource
HZ
-
Hazard
ND
-
No Development Zone
2.2
ZONE SCHEDULE
The Zones and zone boundaries are shown on the attached Schedule 'A' and 'A-
1', which forms part of this By-law.
2.3
SPECIAL ZONES
Where a Zone Symbol is followed by a dash and a number, (for example RM-1)
there are exceptions that apply to the Zone. These exceptions are contained in
the section of the By-law that applies to the primary zone.
2.4
DETERMINING ZONE BOUNDARIES
i)
A zone boundary shown approximately at a lot line, street or lane is
considered to be at the boundary of the lot line, street or lane.
ii)
A zone boundary shown approximately in the centre line of a street or
lane is considered to be the centre line of the street or lane.
iii)
Unless the location of a zone boundary is specified by dimensions on
the zoning map, a zone boundary which lies within a lot shall be fixed by
the scale of the Schedule upon which it is shown.
iv)
A zone boundary shown following approximately a shoreline or the
centre line of a creek, stream or channel is considered to be the
shoreline or centre line and moves with any natural change in the
shoreline.
Town of Moosonee Zoning By-Law
4
Prepared by MHBC
September 1, 2007
Housekeeping Update March 5, 2012
v)
Where lands have not been identified as being in a zone on the
Schedules, they shall be deemed to be in the Natural Resource (NR)
Zone.
vi)
Except as otherwise shown on the Schedules lands below the surface of
a waterbody or watercourse as of the date this By-law came into effect
shall be deemed to be in the Open Space (OS) Zone.
vii)
The No Development (ND) Zone shall be interpreted as occurring
between a building limit line and the top of bank of the Moose River.
2.5
COMPLIANCE WITH ZONING BY-LAW
No person shall change the use of any building, structure or land or erect or use
any building or structure or occupy any land or building except in accordance
with the provisions of this By-law.
Any use not specifically permitted by this By-law shall not be permitted in the
Town of Moosonee.
In addition no person shall use any land or locate any building or structure such
that uses, buildings or structures on other lands would no longer comply with the
provisions of this By-law.
2.6
HOLDING PROVISIONS
Where a zone symbol is followed by a dash and the letter "H" (for example: M-
H), the lands shall only be used for existing uses and the expansion of those
uses as of the date of adoption of this By-law.
Council may pass a By-law pursuant to Section 36 of the Planning Act to remove
the Holding (H) Symbol, thereby placing the lands in the zone indicated by the
Zone Symbol when all of the applicable following requirements have been met:
i)
the appropriate sanitary services have been approved to service the
land;
ii)
all conditions of consent or subdivision have been fulfilled;
iii)
a site plan agreement has been registered on the title of the lands; and
iv)
the required permits from all other approval agencies have been issued.
Town of Moosonee Zoning By-Law
5
Prepared by MHBC
September 1, 2007
Housekeeping Update March 5, 2012
SECTION 3
GENERAL PROVISIONS
3.1
APPLICATION
The provisions of this section of the By-law shall apply to all lands within the
Town of Moosonee unless otherwise specified.
3.2
ACCESSORY BUILDINGS, STRUCTURES AND USES
3.2.1
Permitted Uses
Where this By-law provides that a lot may be used or a building or structure may
be erected or used for a purpose, that purpose shall include any accessory
building or structure or accessory use, provided the principle building, structure
or use is already in existence on the lot, but shall not include the following:
i)
any occupation for gain or profit conducted within or accessory to a
dwelling unit or on such lot associated therewith, except as is specifically
permitted in accordance with this By-law; or
ii)
any building used for human habitation except in accordance with this
By-law, as is specifically permitted.
Legal non-conforming uses shall be permitted to have accessory uses, buildings
and structures in accordance with the provisions in this Section of the By-law
and the Provisions of the applicable zone.
3.2.2
Yard and Setback Requirements
Except as otherwise provided herein, in all Zones any accessory building or
structure, which is detached from the principle building, shall be erected in
compliance with the yard and setback requirements of the Zone in which such
building is located.
3.2.3
Lot Coverage and Height
The total lot coverage of all accessory buildings and structures, except
swimming pools, shall not exceed 10 percent of the lot area or the lot coverage
of the principle building(s). The height of any accessory building or structure
shall not exceed 4.5 metres unless the building is a permitted accessory
dwelling, in which case the maximum height shall be 10.0 metres.
Within any Residential zone, the maximum floor area of all accessory buildings
and structures shall not exceed 60 square metres.
Town of Moosonee Zoning By-Law
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September 1, 2007
Housekeeping Update March 5, 2012
Within a Commercial, Industrial or Institutional Zone, the total lot coverage of all
accessory buildings or structures shall not exceed 15 percent of the lot area.
The height of any accessory building or structure shall not exceed the height
restrictions of the respective zone.
3.2.4
Accessory Structure Encroachments
Notwithstanding the yard and setback provisions of this By-law to the contrary,
drop awnings, clothes poles, garden trellises, retaining walls less than 1.0
metres above the average finished grade, fences, signs or similar uses which
comply with the By-laws of the Town, shall be permitted in any required interior
side or rear yard.
3.2.5
Fire Escapes
Notwithstanding the yard and setback provisions of this By-law to the contrary,
unenclosed fire escapes may encroach into any required setback a maximum
distance of 1 metre.
3.2.6
Garages or Other Accessory Buildings or Structures
Notwithstanding the yard and setback provisions of this By-law to the contrary, a
detached private garage or other accessory building or structure may be erected
and used in an interior side or rear yard, provided that the following requirements
are met.
i)
Interior Side Yard
Where such accessory building or structure is located in an interior side
yard, it shall not be closer than 0.6 metres to the interior side lot line.
ii)
Rear Yard
Where such accessory building or structure is located in a rear yard, it
shall not be closer than 0.6 metres to the rear lot line.
iii)
Distance from Main Building
Where such accessory building or structure is located in a side or rear
yard, it shall not be closer than 2 metres from the main building unless
the accessory structure is constructed of non-combustible material.
3.2.7
Ornamental Structures and Windows
Notwithstanding the yard and setback provisions of this By-law to the contrary,
sills, chimneys, cornices, eaves, gutters, parapets, pilasters, windows or other
ornamental structures may project into any required yard a maximum distance of
0.6 metres.
Town of Moosonee Zoning By-Law
7
Prepared by MHBC
September 1, 2007
Housekeeping Update March 5, 2012
3.2.8
Outdoor Furnaces
No outdoor furnaces used for burning wood, coal or petroleum fuel shall be
located in any R1 or RM Zone. Where an outdoor furnace is permitted it shall be
setback a minimum of 30 metres from any lot line and shall not be permitted in a
front yard and shall be in accordance with all other applicable By-laws.
3.2.9
Porches, Balconies, Decks, Steps or Patios
Notwithstanding the yard and setback provision of this By-law, to the contrary,
unenclosed porches, balconies, decks, steps and patios, may project into any
required front, rear or exterior side yard a maximum distance of 2.5 metres if it is
not covered or 1.5 metres if it is covered, but not closer than 1.2 metres to any
lot line. Where the floor of any porch, balcony, or deck is more than 1.0 metre
above the finished grade, the side yard and rear yard setback requirements for
the principle use shall apply.
3.3
ACCESS
No person shall erect any building or structure in any Zone after the date of
passing of this By-law, unless the lot upon which such building or structure is to
be erected has frontage upon a maintained public road, and such building or
structure complies with the setback provisions of this By-law.
The above provisions shall not apply to prevent the erection of a permitted
building or structure on a lot in a registered Plan of where a properly executed
Development Agreement has been entered into with the Town, notwithstanding
that the street or streets will not be assumed by the Town until the end of the
maintenance period, nor shall it apply to prevent the enlargement, extension,
renovation, reconstruction or other structural alteration of an existing building or
structure, which is located on a lot which does not have frontage upon an
improved public road, provided the use of such building or structure does not
change and is permissible within the Zone in which it is located.
A building or structure is permitted on a lot in a Plan of Condominium where the
lot has frontage on a local or private road, and where the building or structure
complies with all other provisions of this By-law.
3.4
NUMBER OF DWELLING UNITS ON A LOT
Unless otherwise permitted in this By-law, no more than one dwelling unit shall
be permitted on any lot.
3.5
ESTABLISHED BUILDING LINE IN RESIDENTIAL ZONE
Notwithstanding any other provisions of this By-law to the contrary, where a
dwelling is to be erected in a Residential Zone, between existing dwellings on the
same street or shoreline, such dwelling may be built with a front yard and
setback equal to the average yard of the adjacent dwellings on the same side of
the street or shoreline.
Town of Moosonee Zoning By-Law
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Prepared by MHBC
September 1, 2007
Housekeeping Update March 5, 2012
3.6
GROUP HOMES AND CRISIS CENTRES
No Group Home or Crisis Center shall be located within 100 metres of another
Group Home or Crisis Centre.
3.7
HEIGHT EXCEPTIONS
Nothing in this By-law shall apply to prevent the erection, alteration, or use of the
following accessory buildings or structures, provided the main or principle use is
permitted within the Zone in which it is located and provided all other applicable
provisions of this By-law are complied with: a church spire, a belfry, a flag pole,
a clock tower, a chimney, a water tank, a radio, television or telephone tower or
antenna, except satellite antenna in excess of 0.5 metres in diameter, air
conditioner duct, incidental equipment required for processing, external
equipment associated with internal equipment or machinery and conveying
equipment.
The maximum height of any wind turbine generator shall be 15 metres.
3.8
HOME OCCUPATION
Where a home occupation is permitted in a dwelling unit, the following provisions
shall apply:
i)
No person, other than a person living on the premises, shall be engaged
in the occupation of the canvassing, delivering or distributing of
merchandise to customers. However, there may be one assistant who
is not a resident in the dwelling at any time.
ii)
There shall be no display, other than a non-illuminated sign having a
maximum surface area of 0.5 square metres, to indicate to persons
outside that any part of the dwelling or dwelling unit is being used for a
purpose other than residential.
iii)
There shall be no outside storage of goods, materials, containers or
animal enclosures used in conjunction with the home occupation.
iv)
Not more than one commercial vehicle having a maximum wheelbase of
5.0 metres and a maximum payload of one tonne parked outside on the
lot.
v)
With the exception of a bed and breakfast establishment, not more than
25 percent of the gross floor area, not including the basement of the
dwelling or dwelling unit, to a maximum of 23 square metres, shall be
used for the purposes of the home occupation, and such home
occupation shall be conducted entirely within the detached dwelling or
dwelling unit.
vi)
There shall be no mechanical, communication or other equipment used
except that which is customarily employed in a dwelling or dwelling unit
for domestic or household purposes or for use by a dentist, drugless
practitioner, physician, or other professional person.
Town of Moosonee Zoning By-Law
9
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September 1, 2007
Housekeeping Update March 5, 2012
vii)
A home occupation shall not include a boarding or lodging house, an
eating establishment, or a facility offering accommodation or meals
other than a bed and breakfast establishment.
viii)
A home occupation shall be secondary to the principle residence and
shall not change the residential character of the lot.
viii)
One Home Occupation only shall be permitted in conjunction with a
single detached dwelling.
3.9
HOME INDUSTRY
Where a home industry is permitted as an accessory use in a building accessory
to a single detached dwelling in any zone the following provisions shall apply:
i)
A maximum of two (2) persons other than an occupant of the dwelling
may be engaged in the home industry at any time.
ii)
Such home industry may be located in part of a dwelling or in any
accessory building located on a lot on which a dwelling is in existence,
provided the total gross floor area utilized by the home industry does not
exceed a maximum of 100 square metres.
iii)
There shall be no display, other than a non-illuminated sign having a
maximum surface area of 1.0 square metres, to indicate to persons
outside that any part of the dwelling or dwelling unit is being used for a
purpose other than residential.
iv)
There shall be no outside storage of goods, material, vehicles or articles
used in the home industry.
v)
Only currently licensed motor vehicles, associated with the home
industry may be parked or stored on the lot within an interior side or rear
yard. Only one commercial vehicle having a maximum wheel base of
5.0 metres and a maximum payload of one tonne parked outside on the
lot.
vi)
Such home industry shall be clearly accessory to the main residential
use and shall not change the residential character of the dwelling or the
lot.
3.10
LOADING SPACE REQUIREMENTS
3.10.1
Loading Space
The owner of every building or structure erected for any purpose involving the
receiving, shipping, loading or unloading of persons, animals, goods, wares,
merchandise or raw materials shall provide and maintain a loading space on the
lot accordingly. The loading space shall be 15 metres in length, 3.5 metres in
width and have a vertical clearance of at least 4.3 metres. Loading spaces shall
not include any area used for required parking spaces in accordance with this
By-law.
Town of Moosonee Zoning By-Law
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September 1, 2007
Housekeeping Update March 5, 2012
3.10.2
Access
Access to loading spaces shall be by means of a driveway of at least 3.5 metres
in width contained on the lot on which the spaces are located and leading to an
improved public road.
3.10.3
Location
The loading spaces required shall be located in the interior side or rear yard
unless such space or spaces are removed from the street line a minimum
distance of 15 metres.
3.10.4
Additions to or Change in Use of Existing Buildings
The loading space requirement referred to herein shall not apply to any building
in existence at the date of passing of this By-law so long as the gross floor area,
as it existed at such date, is not increased by more than 300 square metres. If
an addition is made to the building or structure which increases the gross floor
area, then a loading space shall be provided as required by Section 3.10.1.
3.11
MINIMUM OPENING ELEVATION
No habitable building located on a lot in the Townsite of adjacent to Moose River
shall have any building opening below the following elevations:
Townsite
m GSC
3.12
MULTIPLE ZONES ON ONE LOT
Where a lot is divided into more than one Zone under the provisions of this By-
law, each such portion of this said lot shall be used in accordance with the Zone
provisions of this By-law for the applicable Zone as if it were a separate lot.
3.13
NON-CONFORMING USES
3.13.1
Continuation of Existing Uses
The provisions of this By-law shall not apply to prevent the use of any existing
lot, building or structure for any purpose prohibited by this By-law if such existing
lot, building or structure was lawfully used for such purposes, prior to the
effective date of this By-law and provided that the lot, building or structure
continues to be used for that purpose.
3.13.2
Permitted Exterior Extension, Alteration and Reconstruction
The exterior of any building or structure which was lawfully used prior to the
effective date of this By-law for a purpose not permissible within the Zone in
which it is located, shall not be enlarged, extended more than 0.25 metres,
reconstructed or otherwise structurally altered, unless such building or structure
is thereafter to be used for a purpose permitted within such Zone.
3.13.3
Permitted Interior Alteration
Town of Moosonee Zoning By-Law
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The interior of any building or structure which was lawfully used for a purpose
not permissible within the Zone in which it is located prior to the effective date of
this By-law, may be reconstructed or structurally altered for the existing purpose
for which such building or structure was lawfully used.
3.13.4
Restoration to a Safe Condition
Nothing in this By-law shall prevent the strengthening or restoration to a safe
condition of any existing, legal non-conforming building or structure or part
thereof, provided that the strengthening or restoration does not increase the
building height, size or volume or change the existing, lawful use of such existing
building or structure unless these changes are necessary to provide for
floodproofing of the building.
3.13.5
Building Permit Issued
The provisions of this By-law shall not apply to prevent the erection or use, for a
purpose prohibited by this By-law, of any building or structure, the plans for
which have, prior to the date of passing of this By-law, been approved by the
Chief Building Official, so long as the building or structure, when erected, is used
and continues to be used for the purpose for which it was erected.
3.14
NON-COMPLYING LOTS, BUILDINGS, STRUCTURES AND USES
3.14.1
Permitted Buildings or Structures
Where a building or structure is located on a lot having less than the minimum
frontage and/or lot area, and/or having less than the minimum setback and/or
side yard and/or rear yard required by this By-law, the said building or structure
may be enlarged, reconstructed, repaired and/or renovated provided that:
i)
the enlargement, reconstruction, repair and/or renovation does not
further reduce a front yard, and/or side yard and/or rear yard and/or lot
coverage less than the minimum required by this By-law;
ii)
the building or structure is being used for a purpose permissible within
the Zone in which it is located; and,
iii)
all other applicable Zone Provisions of this By-law are complied with.
3.14.2
Reconstruction of Existing Building
Nothing in this By-law shall apply to prevent the reconstruction of any permitted
building which is damaged or destroyed. Such permitted building may be
reconstructed in accordance with the previously existing standards, even if such
did not conform with one or more of the provisions of this By-law, but the non-
compliance may not be further increased.
Town of Moosonee Zoning By-Law
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3.14.3
Existing Undersized Lots of Record
Where a lot, having a lesser lot area and/or lot frontage than required herein,
existed on the date of passing of this By-law, or where such a lot is created by a
public authority such smaller lot may be used and a permitted building or
structure, may be erected, altered and/or used on such smaller lot provided that
all other applicable Zone Provisions of this By-law are complied with.
Lots which have been increased in size following passing of this By-law may also
be used in accordance with this provision.
3.15
NOXIOUS TRADE
Except as may otherwise be specifically permitted under this By-law, no use
shall be permitted which, from its nature or the materials used therein, is defined
as a noxious trade, business or manufacture under The Health Protection and
Promotion Act, S.O., 1983, as amended, and the Regulations passed
thereunder.
3.16
PARKING AREA REGULATIONS
3.16.1
Parking Space Requirements
The owner of land or of every building or structure erected or used for any of the
purposes hereinafter set forth shall provide and maintain parking spaces.
Parking spaces are required under this By-law, in accordance with the Parking
Space Requirement Table. Where the calculation of required spaces exceeds a
whole space by more than 0.25, the required number of spaces shall be the next
whole number.
3.16.2
Parking Area Surface
Parking spaces, areas and driveways connecting the parking space or area with
a street shall be maintained with a stable surface that is treated so as to prevent
the raising of dust. Such parking spaces or areas shall, before being used, be
constructed of crushed stone, gravel, asphalt, concrete or similar material and
shall include provisions for drainage facilities to ensure that drainage is directed
to the abutting road allowance.
3.16.3
Ingress and Egress Provisions
i)
Ingress and egress to and from the required parking spaces and areas
shall be provided by means of unobstructed driveways or passageways
of at least 3 metres in width measured along the street line.
ii)
The maximum width of any joint ingress and egress driveway ramp shall
be 9 metres measured along the street line.
iii)
The minimum distance between any two driveways on one lot or
between a driveway and an intersection of street lines measured along
the street line intersected by such driveway shall be 7.5 metres.
iv)
The minimum angle of intersection between a driveway and a street line
shall be 60 degrees.
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v)
Every lot shall be limited to the following number of driveways, namely:
a)
up to the first 21 metres of lot frontage, not more than one
driveway;
b)
greater than 21 metres of lot frontage but not more than 30
metres of frontage, not more than two driveways with a
combined width not exceeding 30 percent of the lot frontage;
and,
c)
for each additional 30 metres of lot frontage, not more than one
additional driveway.
vi)
Parking spaces shall have a minimum width of 3.0 metres and have a
minimum area of 18.5 square metres. The length of any parking space
and the width of the adjacent aisle shall be in accordance with the
following:
Angle of parking space
Minimum Length Minimum Perpendicular
with aisle
of parking space
Width of Aisle
60 degrees to 90 degrees
6.2 metres
6.9 metres
45 degrees to 59 degrees
6.2 metres
5.2 metres
30 degrees to 44 degrees
6.2 metres
3.7 metres
0 degrees to 29 degrees
6.2 metres
3.0 metres
3.16.4
More Than One Use on a Lot
When a building or structure accommodates more than one type of use, the
parking space requirement for the whole building shall be the sum of the
requirements for the separate parts of the building occupied by the separate
types of use.
3.16.5
Parking Area Location on Lot
Notwithstanding the yard and setback provisions of this By-law to the contrary,
uncovered surface parking areas shall be permitted in the required yards or in
the area between the street line and the required setback except that, where a
Commercial Zone abuts a Residential Zone or a lot used for residential
purposes, parking shall not be located in the required yard.
Within a Residential Type One Zone, in the front yard or exterior side yard, the
maximum width of a driveway or parking area shall be 7.0 metres.
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3.16.6
Additions To, or Changes In, The Use of Existing Buildings and Structures
The parking space requirements referred to herein shall not apply to any building
or structure lawfully in existence on the date of passage of this By-law, so long
as the gross floor area is not increased by more than 20 square metres following
approval of this By-law and the use or number of dwelling units does not change.
If any addition is made to a building or structure which increases its gross floor
area by more than 20 square metres, then parking spaces for the addition shall
be provided as required by the Parking Space Requirement Table. Where a
change in use occurs, parking spaces shall be provided for such new use in
accordance with the requirements of the Parking Space Requirement Table.
3.16.7
Use of Parking Spaces and Areas
Parking spaces and areas required in accordance with this By-law shall be used
for the parking of operative, currently licensed vehicles only and for vehicles
used in an operation incidental to the permitted uses in respect of which such
parking spaces and areas are required or permitted.
Notwithstanding the foregoing, the owner or occupant of any lot, building or
structure in any Residential Type One (R1) or Residential Multiple (RM) Zone
may use the lot building or structure for the parking, storing or housing of not
more than one commercial motor vehicle or trailer provided that such vehicle
does not have a wheelbase in excess of 5.0 metres or exceed a 1 tonne load
capacity.
3.16.8
Parking in the Downtown Commercial Zone
Within the Downtown Commercial Zone shown on Schedule A, the required
parking spaces may be provided on another lot within 200 metres of the
boundary of the lot for which parking is required provided that there is a legal
agreement between the owners of said lands providing the parking, the owner of
the use requiring the parking and the Town of Moosonee that ensures that the
parking will continue to be available as long as the use is in operation.
Town of Moosonee Zoning By-Law
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PARKING SPACE REQUIREMENT TABLE
TYPE OF NATURE OF USE
MINIMUM OFF-STREET PARKING
REQUIREMENTS
Assembly
Hall,
Auditorium,
Arena,
Community Centre, Place of Worship,
Private
Club,
Theater,
Eating
Establishment or Tavern or establishment
licensed under the Liquor License Act or
other similar places of assembly not
otherwise specified herein.
1 parking space for each 14.0 square
metres, of gross floor area.
Home for the Aged, Nursing Home,
Seniors Apartments, Hospital
1 parking space for each six beds or
fraction thereof plus 1 space per 2 staff
persons.
Hotel, Motel, Resort, Cottage or Cabin
Establishment, Tourist Establishment or
Camping Establishment
1/2 parking space for each guest room,
cottage, cabin or camp site plus one
space for each 20.0 square metres.
devoted to a public use.
Residential
1 parking spaces per dwelling unit.
Group Homes and Special Needs
Housing
1 per required caregiver
Lots with four (4) or more dwelling units
1.25 spaces per dwelling unit
Uses Permitted by this By-law other than
those listed in this Table
1 parking space per 50.0 square
metres of gross floor area.
3.17
PEAT EXTRACTION, PITS AND QUARRIES
The extraction of peat, and the establishment or operation of pits or quarries is
prohibited within the area covered by this By-law, except in the locations
permitted by this By-law, and in accordance with the provisions of this By-law.
No person shall use land or erect any building or structure for the purpose of
processing, storing, washing, screening, sorting or crushing rock, sand and/or
gravel and or peat except as expressly provided for in this By-law.
3.18
PLANTING STRIPS
3.18.1
Location
Where a lot in a Residential Multiple, Institutional, Commercial or Industrial Zone
abuts an interior side or rear lot line of a lot in a Residential Zone or a lot used
for residential purposes, a planting strip adjoining such abutting lot line, or
Town of Moosonee Zoning By-Law
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portion thereof, shall be provided within the Residential Multiple, Institutional,
Commercial, or Industrial Zone with a minimum width of 3 metres.
3.18.2
Contents
Such required planting strip shall be used for no other purposes than planting a
continuous, unpierced hedgerow of trees, evergreens or shrubs, or solid fencing
not less than 1.5 metres high, immediately adjacent to the lot line, or portion
thereof, where such planting strip is required.
3.18.3
Driveways and Walkways
In all cases where ingress and egress, driveways, launching ramps or walkways
extend through a required planting strip, it shall be permissible to interrupt the
planting strip within 2 metres of the edge of such driveway or within 1.5 metres
of the edge of such walkway.
3.18.4
Landscaped Open Space
A planting strip or buffer screen referred to in this Section may form a part of any
landscaped open space or part of a yard required by this By-law.
3.19
PUBLIC USES
3.19.1
Public Services
Except as provided in paragraph 3.19.2. hereof, the provisions of this By-law
shall not apply to prohibit the use of any lot or the erection or use of any building
or structure for the purposes of public uses provided by the Town, or any Public
Authority including any Department or Ministry of the Government of Canada or
Ontario or any Conservation Authority established by the Government of Ontario
and, for the purposes of this Section, shall include any hydro electric company,
any telephone, telegraph or cable TV company and any natural gas distribution
system operated by a Company distributing gas to the residents of the Town,
which company possesses all the necessary powers, rights, licenses and
franchises.
3.19.2
Location Restrictions
Notwithstanding any other provision contained in this By-law to the contrary,
where a public use is specifically mentioned as a permitted use within a specific
Zone classification, then such public use shall only be permitted within that Zone
or Zones and shall comply with the Zone Provisions of the Zone or Zones in
which the public use is permitted, save and except that there shall be no
minimum lot area or lot frontage requirement. This provision shall not apply to
Crown agencies.
On lands within 100 metres of the Moose River, a public use shall only be
permitted where the use is specifically permitted within the zone classification.
The use shall comply with the applicable zone provisions.
3.19.3
Provisions
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i)
No goods, materials or equipment shall be stored outside the building or
structure located on the lot, except as may otherwise be permitted under
this By-law;
ii)
The Zone provisions of the Zone in which the use is located shall be
complied with except as otherwise provided in this By-law;
iii)
No building or structure erected in accordance with the provisions of this
Section shall be used for the purposes of an office or maintenance or
works depot; and,
iv)
The building or structure shall be designed and maintained in general
harmony with the uses permitted within the respective Zone.
3.19.4
Streets and Service Installations
Nothing in this By-law shall prevent land from being used as a street or highway,
or prevent the installation of a watermain, sanitary sewer, storm sewer, gas
main, pipeline, overhead or underground hydro, communication line or high
voltage electrical facilities owned, operated and maintained by Hydro One or the
Public Utilities Commission.
3.20
REDUCTION OF REQUIREMENTS
No person shall change the purpose for which any land, building or structure is
used or erect any building, or structure, or addition to any existing building or
structure, or reduce the area of any lot, if the effect of such action is to cause the
original adjoining, remaining or new building, structure or lot to be in
contravention with this By-law.
3.21
RESTRICTIONS ON DWELLING UNITS IN NON-RESIDENTIAL BUILDINGS
Notwithstanding any other provision of this By-law, to the contrary, no dwelling
unit shall be located within a portion of a non-residential building which has
gasoline or other flammable fluids or hazardous materials stored in bulk for
commercial purposes or in conjunction therewith, and without limiting the
generality of the foregoing, a dwelling unit shall not be permitted within a building
used for a motor vehicle service station, a motor vehicle repair garage, a motor
vehicle body shop or a marine service shop.
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3.22
SECONDARY DWELLING UNITS
A secondary dwelling unit shall be permitted in a detached dwelling and a semi-
detached dwelling.
A secondary dwelling unit shall have a maximum gross floor area of 100 square
metres.
Secondary dwelling units are not permitted in accessory buildings.
3.23
SERVICES REQUIRED
No person shall erect or use a building or structure for a residential use on any
lands in the Residential Type One (R1) or Residential Multiple (RM) Zone unless
municipal sewage disposal and water supply services are available to the lot.
3.24
SIGHT TRIANGLES
On a corner lot fronting on two Town roads, within the triangular space formed
by the street lines and a line drawn from a point in one street line to a point in the
other street line, each such point being 9 metres measured along the street line
from the point of intersection of the street lines, no motor vehicle, as defined in
The Highway Traffic Act, shall be parked, no building or structure which would
obstruct the vision of drivers of motor vehicles shall be erected, and no land shall
be used for the purposes of growing shrubs or trees in excess of 1.0 metres in
height. Such triangular space may hereinafter be referred to as a "sight
triangle". Where the two street lines do not intersect at a point, the point of
intersection of the street lines shall be deemed to be the intersection of the
projection of the street lines or the intersection of the tangents to the street lines.
Where the lands are located in the Downtown Commercial (C1)) zone or abut
roadways where the posted speed limit is 40 KMPH or less, the site triangle may
be reduced to 6.0 metres.
3.25
SIGNS
Unless otherwise specified, the provisions of this By-law shall not apply to
prevent the erection, alteration or use of any sign provided such sign complies
with the By-laws of the Town.
3.26
SPECIAL SETBACKS
3.26.1
Railways
Within a Residential Type One (R1) or Residential Multiple (RM) Zone, no
building or structure used for human habitation shall be located closer than 30
metres to the limit of a railway right-of-way to the main line of the Ontario
Northland Railway.
3.26.2
Street Centre Lines
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Where a lot abuts a road allowance less than 20 metres in width, the minimum
setback from the street line shall be 10 metres from the centre line of the street
plus the required front yard or exterior side yard within the zone.
3.26.3
Waste Disposal Areas
No habitable building or structure shall be located closer than 500 metres to any
land zoned Waste Disposal Industrial (MD).
3.26.4
Watercourses
Unless otherwise permitted by this By-law, no buildings or structures shall be
located within 30 metres of the normal or controlled high water mark of any
watercourse or lake.
3.27
TEMPORARY USES PERMITTED
A tool shed, construction trailer, scaffold or other building or structure incidental
to construction is permitted in all Zones within the Town on the lot where it is
situated but only for so long as it is necessary for the work in progress and until
the work is completed or abandoned. For the purpose of this Section,
abandoned shall mean the discontinuation of work for more than 120
consecutive days and/or the failure to maintain a current building permit.
Notwithstanding any other provision of this By-law to the contrary, where a
dwelling is destroyed, and a Building Permit for reconstruction of the dwelling
has been issued by the Town for the subject lands, the owner and family may
occupy a trailer on a temporary basis but only during the period which the
dwelling is being reconstructed, not exceeding one year.
3.28
THROUGH LOTS
Where a lot, which is not a corner lot, has lot frontage on more than one street,
the setback and front yard requirements contained herein shall apply on each
street or waterway in accordance with the provisions of the Zone or Zones in
which such lot is located.
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SECTION 4
ZONE PROVISIONS
4.1
RESIDENTIAL TYPE ONE (R1) ZONE
4.1.1
Permitted Uses
No person shall within a Residential Type One (R1) Zone, use any land or erect,
alter or use any building or structure except in accordance with the following:
i)
group home
ii)
home occupation
iii)
single detached dwelling
iv)
bed and breakfast
v)
boarding house
vi)
duplex dwelling
vii)
semi-detached dwelling
4.1.2
Regulations for Permitted Uses
i)
Minimum Lot Area
a)
bed and breakfast, boarding house,
group home and single detached
dwelling
600 sq. m.
b)
semi detached, duplex
250 sq. m./unit
ii)
Minimum Lot Frontage
15.0 m
iii)
Minimum Yard Requirements
a)
Front Yard
8.0 m.
b)
Interior Side Yard
2.0 m.
c)
Exterior Side Yard
5.0 m.
d)
Rear Yard
8.0 m.
iv)
Maximum Lot Coverage
40%
v)
Minimum Landscaped Open Space
20%
vi)
Maximum Height of Buildings
10 m.
vii)
Minimum Floor Area
60.0 sq. m.
4.1.3
Exceptions
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4.2
MULTIPLE RESIDENTIAL (RM) ZONE
No person shall within a Multiple Residential (RM) Zone, use any land or erect,
alter or use any building or structure except in accordance with the following:
4.2.1
Permitted Uses
i)
apartment building
ii)
day nursery
iii)
duplex dwelling
iv)
group home
v)
boarding house
vi)
quadruplex
vii)
semi-detached dwelling
viii)
single detached dwelling
ix)
townhouse dwelling
x)
triplex
4.2.2
Regulations for Permitted Uses
Single detached dwellings, semi detached, duplex, boarding houses and group
homes shall meet the Regulations for permitted uses in the Residential Type R1
Zone.
i)
Minimum Lot Area
a)
apartment building
200 sq. m. per unit
plus 93 sq. m. per unit
units after 4
b)
triplex,boarding house,
250 sq. m./unit
quadruplex and row house
c)
day nursery
500 sq. m.
ii)
Minimum Lot Frontage
20 m.
iii)
Minimum Yard Requirements
a)
Front Yard
8.0 m.
b)
Interior Side Yard
3.0 m
c)
Exterior Side Yard
8.0 m
d)
Rear Yard
8.0 m.
iv)
Maximum Lot Coverage
50%
v)
Minimum Landscaped Open Space
20%
vi)
Maximum Height of Buildings
10 m
4.2.3
Exceptions
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4.3
RURAL RESIDENTIAL (RR) ZONE
No person shall within a Rural Residential (RR) Zone, use any land or erect,
alter or use any building or structure except in accordance with the following:
4.3.1
Permitted Uses
i)
single detached dwelling
ii)
home industry
iii)
home occupation
4.3.2
Zone Requirements
i)
Minimum Lot Area
1.0 ha.
ii)
Minimum Lot Frontage
50.0 m.
iii)
Minimum Yard Requirements
a)
Front Yard
18.0 m.
b)
Interior Side Yard
6.0 m.
c)
Exterior Side Yard
15.0 m.
d)
Rear Yard
15.0 m.
iv)
Maximum Lot Coverage
5%
v)
Minimum Landscaped Open Space
30%
vi)
Maximum Height of Buildings
10 m.
vii)
Minimum Floor Area
60.0 sq. m.
4.3.3
Exceptions
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4.4
DOWNTOWN COMMERCIAL (C1) ZONE
No person shall within a Downtown Commercial (C1) Zone, use any land or
erect, alter or use any building or structure except in accordance with the
following:
4.4.1
Permitted Uses
i)
accessory dwelling units on a floor above the first storey or on the first
floor behind the commercial use
ii)
assembly hall
iii)
art gallery
iv)
banks or financial institution
v)
business, professional and administrative office
vi)
clinic
vii)
convenience store
viii)
crisis centre
ix)
day nursery
x)
hotel and motel
xi)
laundromat
xii)
motor vehicle dealership
xiii)
parking lot
xiv)
personal service shop
xv)
place of amusement
xvi)
post office
xvii)
restaurant
xviii)
retail store
xix)
service shop
xx)
tavern
xxi)
taxi or bus depot
4.4.2
Regulations for Permitted Uses
i)
Minimum Lot Area
400 sq. m.
ii)
Minimum Lot Frontage
nil
iii)
Minimum Yard Requirements
a)
Front Yard
nil
b)
Interior Side Yard
nil
c)
Exterior Side Yard
nil
d)
Rear Yard
5.0 m.
- abutting a residential zone
10.0 m
iv)
Maximum Lot Coverage
75%
v)
Minimum Landscaped Open Space
-
in any yard abutting a residential zone
a 3.0 metres planting strip shall be required
vi)
Maximum Height of Buildings
10.0 m.
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4.4.3
Exceptions
4.4.3.1
Downtown Commercial Exception One (C1-1) Zone
In addition to the uses permitted in the Downtown Commercial (C1) Zone, in the
Downtown Commercial Exception One (C1-1) Zone a boarding house shall be a
permitted use except on the first floor, and hotel and motel shall be excluded as
a permitted use. Residential uses shall comply with the provisions of Section
4.2. All other provisions of the Commercial Exception One (C1-1) Zone shall
apply.
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4.5
NEIGHBOURHOOD COMMERCIAL (C2) ZONE
No person shall within a General Commercial (C2) Zone, use any land or erect,
alter or use any building or structure except in accordance with the following:
4.5.1
Permitted Uses
i)
one accessory dwelling or dwelling unit
ii)
animal shelter or veterinary hospital
iii)
business, professional and administrative office
iv)
convenience store
iv)
day nursery
viii)
laundromat
xv)
real estate sales offices
4.5.2
Regulations for Permitted Uses
i)
Minimum Lot Area
800 sq. m.
ii)
Minimum Lot Frontage
30.0 m.
iii)
Minimum Yard Requirements
a)
Front Yard
10.0 m.
b)
Interior Side Yard
5.0 m.
c)
Exterior Side Yard
10.0 m.
d)
Rear Yard
10.0 m.
iv)
Maximum Lot Coverage
35%
v)
Minimum Landscaped Open Space
15%
vi)
Maximum Height of Buildings
10.0 m.
4.5.3
Exceptions
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4.6
LIGHT INDUSTRIAL (M1) ZONE
No person shall within a Light Industrial (M1) Zone, use any land or erect, alter
or use any building or structure except in accordance with the following:
4.6.1
Permitted Uses
i)
airport
ii)
business, professional and administrative office
iii)
building supply and lumber outlet
iv)
contractors yards
v)
manufacturing or processing within an enclosed building
vi)
motor vehicle service station or repair garage
v)
motor vehicle body shop
vi)
motor vehicle fuel bar
ix)
publishing or printing establishment
x)
public works yard/public utilities yard
xi)
retail sales accessory to a permitted use not exceeding 25
percent of the total floor area
xii)
telecommunications tower, transmission towers and hydro-electric
substations
xiii)
warehouse including self storage
xiv)
workshop within an enclosed building
4.6.2
Regulations for Permitted Uses
i)
Minimum Lot Area
1,600 sq. m.
ii)
Minimum Lot Frontage
30.0 m.
iii)
Minimum Yard Requirements
a)
Front Yard
10.0 m.
b)
Interior Side Yard
5.0 m.
c)
Exterior Side Yard
10.0 m.
d)
Rear Yard
10.0 m.
vi)
Maximum Height of Buildings
10.0 m.
iv)
Maximum Lot Coverage
60%
v)
Minimum Landscaped Open Space
20%
-
in any yard abutting a non industrial
zone a 6.0 metres planting strip shall be required
4.6.3
Exceptions
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4.7
HEAVY INDUSTRIAL (M2) ZONE
No person shall within a Heavy Industrial (M2) Zone, use any land or erect, alter
or use any building or structure except in accordance with the following:
4.7.1
Permitted Uses
i)
accessory dwelling or dwelling unit
ii)
building supply and lumber outlet
iii)
bulk fuel depot
iv)
contractors yards
v)
heavy or light equipment sales and services
vi)
manufacturing or processing within an enclosed building
vii)
motor vehicle repair garage
viii)
motor vehicle body shop
ix)
outdoor storage
x)
publishing or printing establishment
xi)
public works yard/public utilities yard
xii)
retail sales accessory to a permitted use not exceeding 25
percent of the total floor area
xiii)
transportation depot
xiv)
telecommunications tower, transmission towers and hydro-electric
substations
xv)
warehouse including self storage
xvi)
wholesales
xvii)
workshop
4.7.2
Regulations for Permitted Uses
i)
Minimum Lot Area
2,400 sq. m.
ii)
Minimum Lot Frontage
40.0 m.
iii)
Minimum Yard Requirements
a)
Front Yard
10.0 m.
b)
Interior Side Yard
5.0 m.
c)
Exterior Side Yard
10.0 m.
d)
Rear Yard
10.0 m.
vi)
Maximum Height of Buildings
12.0 m.
iv)
Maximum Lot Coverage
60%
v)
Minimum Landscaped Open Space
20%
-
in any yard abutting a non industrial
zone a 6.0 metres planting strip shall be required
vi)
Buffering Requirements
All outdoor storage uses shall be enclosed with a buffer strip or solid
fence having a minimum height of 2.4 metres.
4.7.3
Exceptions
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4.8
EXTRACTIVE INDUSTRIAL (MX) ZONE
No person shall within an Extractive Industrial (MX) Zone, use any land or erect,
alter or use any building or structure except in accordance with the following:
4.8.1
Permitted Uses
i)
mining
ii)
peat extraction
iii)
pits
iv)
portable asphalt processing plant
v)
quarries
vi)
wayside pits and quarries
4.8.2
Regulations for Permitted Uses
i)
Minimum Lot Area
2.0 ha.
ii)
Minimum Lot Frontage
100 m.
iii)
Minimum Yard Requirements (from limit of extraction) or buildings or
structures
a)
Front Yard
30.0 m.
b)
Interior Side Yard
15.0 m.
c)
Exterior Side Yard
30.0 m.
d)
Rear Yard
15.0 m.
iv)
Minimum Setback from a
Residential Lot
120 m.
v)
Maximum Lot Coverage
10%
(Buildings and Structures)
vi)
Minimum Landscaped Open Space
10%
All yards except those yards abutting a
Residential zone shall contain a planting strip
of at least 15 metres in width. In yards abutting a
Residential Zone the planting strip shall be at
least 30 metres in width.
vii)
Maximum Height of Buildings
15.0 m.
4.8.3
Exceptions
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4.9
WASTE DISPOSAL INDUSTRIAL (MD) ZONE
No person shall within a Waste Disposal Industrial (MD) Zone, use any land or
erect, alter or use any building or structure except in accordance with the
following:
4.9.1
Permitted Uses
i)
recycling facility
ii)
salvage yard
iii)
sewage lagoon
iv)
solid waste disposal or management facility
4.9.2
Regulations for Permitted Uses
i)
Minimum Lot Area
1.0 ha.
ii)
Minimum Lot Frontage
100 m.
iii)
Minimum Yard Requirements
a)
Front Yard
30.0 m.
b)
Interior Side Yard
20.0 m.
c)
Exterior Side Yard
30.0 m.
d)
Rear Yard
30.0 m.
iv)
Maximum Lot Coverage
75%
v)
Minimum Landscaped Open Space
20%
vi)
Maximum Height of Buildings
10.0 m.
4.9.3
Exceptions
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4.10
INSTITUTIONAL (I) ZONE
4.10.1
Permitted Uses
No person shall within an Institutional (I) Zone, use any land or erect, alter or use
any building or structure except for one or more of the following uses:
i)
ambulance station
ii)
arena
iii)
business, professional and administrative offices
iv)
cemetery
v)
community centre
vi)
community facility
vii)
crisis centre
vii)
day nursery
viii)
fire station
ix)
group home
ix)
hospital
x)
library
xi)
municipal water and sewage treatment and storage facilities
xii)
nursing home
xiii)
place of worship
xiv)
school
4.10.2
Regulations for Permitted Uses
i)
Minimum Lot Area
800 sq. m.
ii)
Minimum Lot Frontage
18.0 m.
iii)
Minimum Yard Requirements
a)
Front Yard
8.0 m.
b)
Interior Side Yard
6.0 m.
d)
Exterior Side Yard
6.0 m.
d)
Rear Yard
8.0 m.
iv)
Maximum Lot Coverage
35%
v)
Minimum Landscaped Open Space
10%
vi)
Maximum Height of Buildings
10 m.
4.10.3
Exceptions
4.10.3.1
Institutional Exception One (I-1) Zone
The minimum required rear yard setback shall be 1.0 metres. All other
provisions of the Institutional (I) Zone shall apply.
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4.11
OPEN SPACE (OS) ZONE
No person shall within an Open Space (OS) Zone, use any land or erect, alter or
use any building or structure except in accordance with the following:
4.11.1
Permitted Uses
i)
camping establishment
ii)
golf course
iii)
outdoor recreation
iv)
private recreational park
v)
public park and accessory structures
vi)
public recreation centre
4.11.2
Regulations for Permitted Uses
i)
Minimum Lot Area
1600 sq. m.
ii)
Minimum Lot Frontage
20.0 m.
iii)
Minimum Yard Requirements
a)
Front Yard
8.0 m.
b)
Interior Side Yard
8.0 m.
c)
Exterior Side Yard
8.0 m.
d)
Rear Yard
8.0 m.
iv)
Maximum Lot Coverage
5%
v)
Minimum Landscaped Open Space
50%
vi)
Maximum Height of Buildings
10.0 m.
4.11.3
Exceptions
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4.12
NATURAL RESOURCE (NR) ZONE
No person shall within any Natural Resource (NR) Zone use any land, erect,
alter or use any building or structure except in accordance with the following
provisions:
4.12.1
Permitted Uses
i)
conservation uses
ii)
hunting and fishing camps
iii)
marine facility
iv)
portable saw mill
v)
public park
vi)
resource management activities
vii)
wayside pit or a wayside quarry
4.12.2
Regulations for Permitted Uses
i)
Minimum Lot Area
2.0 ha
ii)
Minimum Lot Frontage
50.0 m
iii)
Minimum Lot Requirements
a)
Minimum Front Yard
15.0 m
b)
Minimum Interior Side Yard
15.0 m
c)
Minimum Exterior Side Yard
15.0 m
d)
Minimum Rear Yard
15.0 m
iv)
Maximum Lot Coverage
5.0 %
v)
Maximum Height
10.0 m
4.12.3
Exceptions
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4.13
HAZARD LANDS (HZ) ZONE
No person shall, within any Hazard Lands (HZ) Zone erect, alter or use any
building or structure except in accordance with the following provisions:
4.13.1
Permitted Uses
i)
conservation
ii)
passive public parks
iii)
resource management use
4.13.2
Regulations for Permitted Uses
No buildings or structures, including accessory buildings or structures, with the
exception of marine facilities, pumphouses and buildings and structures for flood
and erosion control are permitted in the Hazard Lands (HZ) Zone.
4.13.3
Exceptions
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4.14
NO DEVELOPMENT (ND) ZONE
4.14.1
Permitted Uses
No person shall within a No Development (ND) Zone, use any land or erect, alter
or use any building or structure or create a new lot.
4.14.2
Clarification on Prohibition
For greater certainty, within the No Development (ND) Zone no activity, such as,
filling, grading and excavation, that would change the land form and natural
vegetative characteristics of the site shall be permitted.
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SECTION 5
DEFINITIONS
5.1
ACCESSORY
A use, separate building or structure, which is usually incidental, subordinate,
exclusively devoted to and located on the same lot as the principle use, building
or structure.
5.2
AIRPORT
The use of lands, buildings or structures for the purposes of air transportation
services.
5.3
ANIMAL SHELTER
Lands and buildings used for the keeping of animals, birds or other livestock and
may include the premises of a veterinary surgeon.
5.4
ART GALLERY
A building, place or area where paintings, sculptures or other works of art are
exhibited or sold.
5.5
ASSEMBLY HALL
A building, or part of a building, in which facilities are provided for such purposes
as meetings for civic, educational, political, religious or social purposes and may
include a bingo hall, a banquet hall, private club or fraternal organization.
5.6
ATTACHED
A building otherwise complete in itself, which depends, for structural support or
complete enclosure, upon a division wall or walls shared in common with
adjacent building or buildings.
5.7
BASEMENT
That portion of a building below the first floor and which is partly underground.
5.8
BED AND BREAKFAST
An establishment that provides sleeping accommodation (including breakfast
and other meals, services, facilities and amenities for the exclusive use of
guests) for the traveling or vacationing public within a single detached dwelling
that is the principal residence of the proprietor of the establishment..
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5.9
BOARDING HOUSE
A dwelling in which the proprietor supplies for a fee which may or may not be
charged for sleeping accommodation with board for at least four persons
exclusive of the proprietor, members of the proprietor's family and servants of
the establishment but does not include a hostel. Lodging rooms shall not have
separate washroom and kitchen facilities.
5.10
BUILDING
A structure consisting of walls and a roof or a structural system serving the same
purpose as defined in the Building Code and including carports and cloth,
plastic or vinyl materials supported by structural frames but does not include
awnings.
5.11
BUILDING SUPPLY AND LUMBER OUTLET
A building or structure in which building or construction and home improvement
materials are offered or kept for sale at retail and may include the fabrication of
certain materials related to home improvements.
5.12
BULK FUEL DEPOT
Lands, buildings and structures for the storage, distribution of fuels and oils but
not including retail sales except key lock operations.
5.13
BUSINESS, PROFESSIONAL OFFICE OR ADMINISTRATIVE OFFICE
A building or part of a building in which one or more persons are employed in the
management, direction or conducting of a business or where professionally
qualified persons and their staff serve clients or patients who seek advice,
consultation or treatment and may include the administrative offices of a non-
profit or charitable organization.
5.14
CAMP SITE
A parcel of land within a camping establishment that is maintained as a site for
the location and temporary occupation of a tent, travel trailer, motor home,
recreational vehicle or truck camper, but not a mobile home.
5.15
CAMPING ESTABLISHMENT
Lands used for the parking and temporary use for at least five (5) campsites
occupied by tents, trailers, motor homes, truck campers and recreational
vehicles and accessory uses and facilities such as administrative offices,
sanitary facilities, recreational facilities and an accessory convenience store.
5.16
CELLAR
A portion of a building below the first storey floor which is partly or wholly
underground and which has more than one-half of its height, from finished floor
to finished ceiling or to the underside of the floor joints of the first floor, the
average finished grade level adjacent to the exterior walls of the building and
having a floor to ceiling height of less than 1.8 metres.
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5.17
CEMETERY
The land that is set apart or used as a place for the internment of the dead or in
which human bodies have been buried.
5.18
CHIEF BUILDING OFFICIAL
The official employed by the Town appointed under the Building By-law or
pursuant to the provisions of The Building Code Act, R.S.O., 1992 c.23 as
amended, and shall include any Inspector likewise employed and appointed.
5.19
CLINIC
An establishment used by two or more qualified health practitioners including
physicians, dentists, chiropractors, physiotherapists and their staff for the
purposes of consultation, diagnosis and office treatment.
5.20
COMMUNITY CENTRE
Any tract of land or building, or buildings or any part of any buildings used for
community activities whether used for commercial purposes or not, the control of
which is vested in the Town, a local board or agent thereof and may include an
auditorium, swimming pool, arena and fitness centre.
5.21
COMMUNITY FACILITY
Any facility, place or building that is maintained and operated to provide services
for the residents of the community.
5.22
CONSERVATION
The preservation, protection and improvement of the components of the natural
environment through a comprehensive management and maintenance program
administered by a public authority for individual or public use.
5.23
CONTRACTOR'S YARD
A yard of any general contractor or builder where equipment and materials are
stored or where a contractor performs shop or assembly work but does not
include any other yard or establishment otherwise defined or classified herein.
5.24
CONVENIENCE STORE
A retail commercial establishment, not exceeding 200 square metres of gross
floor area, supplying groceries and other daily household necessities to the
surrounding area, whether or not such store is open for business seven (7) days
a week or not.
5.25
CORPORATION
The Corporation of the Town of Moosonee.
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5.26
COUNCIL
The Council of the Corporation of the Town of Moosonee
5.27
CRISIS CENTRE
A single housekeeping unit licensed or funded by the Province of Ontario for the
short term (averaging 30 days or less) accommodation of three to ten persons,
exclusive of staff, living under supervision and who, by reason of either
emotional, mental, social or physical condition or legal status, require a group
living arrangement for their well-being.
5.28
DAY NURSERY
A day nursery operated for pre-school age children within the meaning of the
Day Nurseries Act, R.S.O., 1980, c.111 as amended.
5.29
DECK
Deck shall mean a structure above the ground cantilevered from a dwelling unit
or supported by the ground and open to the sky, located 0.3 m. or more above
finished grade.
5.30
DOCK
A structure for the mooring of boats, attached to or forming part of the mainland
or used in conjunction with a use on the mainland.
5.31
DWELLING
A building or part of a building occupied or capable of being occupied, in whole
or in part as the home, residence or sleeping place of one or more persons
either continuously, permanently, temporarily or transiently.
5.32
DWELLING, ACCESSORY
A use, separate building, or structure, which is usually incidental, subordinate,
exclusively devoted to and located on the same lot as the principle use, building
or structure but not including a building or structure which is used as a dwelling
unless specifically permitted.
5.33
DWELLING, APARTMENT
A separate building containing three or more dwelling units sharing a common
corridor or stair well.
5.34
DWELLING, DUPLEX
The whole of a two-storey building divided horizontally into two separate dwelling
units, each of which has an independent entrance either directly or through a
common vestibule.
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5.35
DWELLING, QUADRUPLEX
The whole of a dwelling house that is divided vertically by common party walls
into four separate dwelling units, each of which has two common party walls.
5.36
DWELLING, SECONDARY
A self contained dwelling unit that is secondary to the principal dwelling unit and
contained within the principal building on the property.
5.36b
DWELLING, SEMI-DETACHED
The whole of a building divided vertically into two separate dwelling units.
5.37
DWELLING, SINGLE DETACHED
A detached building containing one dwelling unit only.
5.38
DWELLING, TOWNHOUSE
A dwelling unit in a building divided vertically into no less than three nor more
than eight dwelling units attached by common walls extended from the base of
the foundation to the roof line, each dwelling unit having a separate entrance at
grade.
5.39
DWELLING, TRIPLEX
The whole of a building divided horizontally into three separate dwelling units,
each of which has an independent entrance either directly or through a common
vestibule.
5.40
DWELLING UNIT
A combination of rooms in which a kitchen, living quarters and sanitary
conveniences are provided for habitation for the exclusive use of the residents
and with a private entrance from outside the building or from a common hallway
or stairway inside. It may include a modular home constructed in accordance
with the Building Code and C.S.A. A-277 Regulations or a Mobile Home located
on a permanent foundation.
5.41
DWELLING UNIT, ACCESSORY
A separate dwelling unit which is contained in a building which was originally
designed as a single family dwelling and continues to be occupied by the owner.
5.42
ERECT
To build, construct, reconstruct, alter or relocate including any preliminary
physical operation such as excavating, grading, piling, cribbing, filling or draining,
or structurally altering any existing building or structure by an addition, deletion,
enlargement or extension.
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5.43
ESTABLISHED BUILDING LINE
When used in reference to a lot, the road setback of a main building existing
thereon, exclusive of any stoops, sun decks, porches, balconies, exterior steps,
architectural adornments or other projections.
5.44
EXISTING
Means existing as of the date of the enactment of the provision that contains the
word. Exist has a corresponding meaning.
5.45
FINISHED GRADE
The average elevation of the finished surface of the ground at ground level
measured on any side of a building or structure.
5.46
FIRST STOREY
The storey with its floor closest to grade and having its ceiling more than 1. 8
metres above grade.
5.47
FLOOR AREA, GROSS
The total floor area, as hereinafter defined, exclusive of any portion of the
building or structure below finished grade measured between the exterior faces
of the exterior walls which is used for heating, the storage of goods or personal
effects, laundry facilities, recreational areas, the storage or parking of motor
vehicles, exclusive of any private garage, carport, basement, walkout basement,
cellar, porch, verandah or sunroom unless such sunroom is habitable during all
seasons of the year.
5.48
FLOOR AREA, GROUND
The maximum ground floor area of a building measured by the outside walls,
excluding, in the case of a single detached dwelling, any private garage, carport,
porch, verandah or sunroom (unless such sunroom is habitable at all seasons of
the year).
5.49
FUNERAL HOME
A building designed for the purpose of furnishing funeral supplies and services to
the public and includes facilities intended for the preparation of the dead human
body for internment or cremation.
5.50
GARAGE, PRIVATE
A detached accessory building or portion of a dwelling house which is designed
or used for the sheltering of a private motor vehicle and storage of household
equipment incidental to the residential occupancy and which is fully enclosed
and roofed and excludes a carport or other open shelter.
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5.51
GARDEN SUITE
A free standing dwelling having a maximum floor area of 40 square metres
situated on a lot on which a detached dwelling unit presently exists and occupied
by an immediate family member of the occupants of the existing dwelling.
5.52
GAZEBO
A freestanding roofed accessory structure which is not enclosed, except for
screening or glass and which is utilized for the purposes of relaxation in
conjunction with a residential dwelling but shall not include any other use or
activity otherwise defined or classified in this By-law.
5.53
GOLF COURSE
A public or private area operated for the purpose of playing golf, and includes a
par 3 golf course, club house and recreational facilities, accessory driving ranges
and miniature golf courses, and similar uses.
5.54
GROUP HOME
A single housekeeping unit in a residential dwelling in which 3 to 10 unrelated
residents excluding staff or receiving family, live as a family under responsible
supervision consistent with the requirements of its residents and includes a
home licensed or approved under the Provincial statute as a Special Care
Residential Home, Supportive Housing Program, Adult Community Mental
Health Program, Children's Residence, Accommodation Services for the
Developmentally Handicapped, Satellite Residences for Seniors, in compliance
with municipal by-laws.
5.55
HEAVY EQUIPMENT SALES AND RENTAL
A building or part of a building or structure in which heavy machinery and
equipment are offered or kept for sale, rent, lease or hire under agreement for
compensation, but shall not include any other establishment defined or classified
in this By-law.
5.56
HEIGHT OF BUILDINGS
The vertical distance, measured between the average natural or finished grade
at the front of the building, whichever is the lesser, and the highest point of the
roof.
Accessory roof constructions, such as chimneys, towers, steeples or television
antennas, shall be disregarded in calculating the height of a building in
accordance with Section 3.7.
5.57
HIGH WATER MARK SETBACK
The setback will be measured from the normal controlled high water mark of the
lake or river.
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5.58
HOME FOR THE AGED
A premises licensed as a long-term care home under the Long-Term Care
Homes Act, 2007, S.O. 2007, c.8.
5.59
HOME INDUSTRY
Any occupation conducted entirely within a building or part of a building
accessory to a single detached dwelling house, that includes processing,
assembly, manufacturing or a workshop within an area not to exceed 100
square metres in gross floor area and shall not include outdoor storage or uses
providing professional services.
5.60
HOME OCCUPATION
An occupation or profession related to the provision of services, carried on by
the occupant of a dwelling within his/her dwelling as an accessory use in
connection with which there is no display, no stock in trade nor commodity sold
upon the premises and no outdoor storage.
5.61
HOSPITAL
Any institution, building or other premises or place established for the
maintenance, observation, medical and dental care and supervision and skilled
nursing care of persons afflicted with or suffering from sickness, disease or
injury or for the convalescent or chronically ill persons.
5.62
HOTEL
A building or part of a building that contains a general kitchen and dining room
and other public rooms, and three or more suites which contain no provision for
cooking, and are usually hired by transients as places of abode; and includes a
hostel for men or women.
5.63
IMPROVED PUBLIC ROAD
A road or highway under the jurisdiction of the Province of Ontario or the Town
or a private road within a registered Plan of Condominium which is maintained
so as to allow normal vehicular access to adjacent properties and which, in the
case of a municipal road is a road which has been constructed to municipal
standards.
5.64
KENNEL
An establishment for the keeping, breeding and raising of more than four
domesticated animals whether or not for profit or gain, but shall not apply to the
keeping of animals in a veterinary establishment for the purpose of observation
and or recovery necessary to veterinary treatment.
5.65
LANDSCAPED OPEN SPACE
The open space from ground to sky at grade on a lot accessible by walking and
which is suitable for the growth and maintenance of grass, flowers, trees,
bushes, natural vegetation and other landscaping and includes any surfaced
walk, patio or similar area but does not include any driveway or ramp, whether
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surfaced or not, any curb, retaining wall, parking area or any open space
beneath or within any building or structure.
5.66
LAUNDROMAT
A building or structure where the service or coin-operated laundry machines,
using only water, detergents and additives, are made available to the public for
the purpose of laundry cleaning.
5.67
LIGHT EQUIPMENT SALES AND RENTAL ESTABLISHMENT
A building or structure or part of a building or structure in which light machinery
and equipment such as air compressors and related tools and accessories;
augers; automotive tools; cleaning equipment; light compaction equipment;
concrete and masonry equipment; electric tools and accessories; fastening
devices such as staplers and tackers; floor and carpet tools; gasoline
generators; jacks and hydraulic equipment; lawn and garden tools; ladders;
moving equipment; painting and decorating equipment; pipe tools and
accessories; plumbing tools and accessories; pumps; hoses; scaffolding;
welding equipment; and, other similar tools and appurtenances are offered or
kept for rent, lease or hire under agreement for compensation, but shall not
include any other establishment defined or classified in this By-law.
5.68
LOADING SPACE
An off-street space on the same lot as the building, or contiguous to a group of
buildings, for the temporary parking of a commercial vehicle while loading or
unloading merchandise or materials, and which abuts upon a street, lane or
other appropriate means of access.
5.69
LOT
A parcel or tract of land described in a deed or other legal document which is
legally capable of conveying title and:
a)
Which is a whole lot within a Registered Plan of Subdivision, or lot within
a Plan of Condominium other than a Registered Plan of Subdivision
which has been deemed not to be a Registered Plan of Subdivision
under a By-law passed pursuant to Section 50 of The Planning Act,
S.O., 1990, Cp.13, as amended; or
b)
Which is a legally separated parcel of land in existence on the date of
passing of this By-law without the owner holding the fee or the equity or
redemption in, or power or right to grant, assign or exercise a power of
appointment with respect to any abutting land; or
c)
The description of which is the same as in a deed which has received
final consent to a conveyance pursuant to Section 50 of The Planning
Act, S.O., 1990, Cp.13, as amended.
d)
Which is the whole remnant retained by an owner or owners after a
conveyance is made with final consent pursuant to Section 40 of The
Planning Act, S.O., 1990, Cp.13, as amended, but for the purpose of
this paragraph no parcel or tract of land ceases to be a lot by reason
only of the fact that a part or parts of it has or have been conveyed to or
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acquired by the Town of Moosonee, Her Majesty in the Right of Ontario
or Her Majesty in the Right of Canada; or,
e)
Which is the subject of an order of The Minister of Municipal Affairs
pursuant to the provisions of Section 57 of The Planning Act., S.O.,
1990, Cp.13, as amended.
5.70
LOT AREA
The total horizontal area within the lot lines of a lot or if an island, the area of
land above the normal high water mark.
5.71
LOT, CORNER
A lot situated at the intersection of two or more streets, or at the intersection of a
street and a railway right-of-way, or a lot abutting on one or more parts of the
same street, in which an interior angle of less than one hundred and thirty-five
(135) degrees is contained, between the front and side lot lines abutting by the
said street or streets.
5.72
LOT COVERAGE
The percent of the lot area covered by buildings or structures excluding parking
areas, driveways, decks and walkways but including structures and buildings
constructed appertaining to the lot.
5.73
LOT FRONTAGE
The continuous horizontal distance of the front lot line between the side lot lines
measures at right angles. Where the front lot line is not a straight line, or where
the side lot lines are not parallel, the lot frontage shall be the horizontal distance
of a line that is 7.5 metres back from and parallel to a continuous straight line,
joining the two points where the side lot lines intersection with the front lot line.
5.74
LOT, INTERIOR
A lot other than a corner lot.
5.75
LOT LINE
Any boundary of a lot. Where a lot line changes direction by less than 450 it shall
be considered as one line. Where a lot line changes direction by more than 450
it shall be considered a separate line.
5.76
LOT LINE, EXTERIOR
The side lot line which abuts the road on a corner lot.
5.77
LOT LINE, FRONT
The lot line that abuts the road, but in the case of any lot having water access
only, the front lot line shall be the lot line abutting the highwater mark of the
navigable waterway:
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a)
Where a lot abuts a municipally maintained road and a navigable
waterway, both the lot line abutting the municipal road and the lot line
abutting the navigable waterway shall be deemed the front lot line.
b)
In the case of a corner lot or through lot, the shorter lot line that abuts a
street or navigable waterway shall be deemed to be the front lot line and
the longer lot line that abuts a road or shall be deemed an exterior side
lot line, but,
c)
In the case of a corner lot or through lot with two lot lines of equal length
abutting roads, the lot line that abuts the wider street shall be deemed to
be the front lot line, but where the roads are of equal width, the lot line
which abuts a Provincial Highway shall be deemed to be the front lot
line, and in the case of both roads being under the same jurisdiction and
of the same width, the owner of the lot may designate which road line
shall be the front lot line.
d)
In the case where a lot abuts only a road cul-de-sac, all of the frontage
on the road cul-de-sac shall be deemed to be the front lot line.
5.78
LOT LINE, REAR
The lot line farthest from or opposite to the front lot line.
5.79
LOT LINE, SIDE
A lot line other than a front or rear lot line.
5.80
LOT, THROUGH
A lot bounded on opposite sides by streets.
5.81
MANUFACTURING, LIGHT
The assembly or repair or fabrication of goods and materials utilizing materials
which have been manufactured in another location and which does not produce
waste water in excess of 4500 litres per day, chemical by-products or utilize and
area for outdoor storage of goods or materials except for equipment or vehicles
which are for sale, lease or hire.
5.82
MARINA
A commercial establishment or premises, containing docking facilities or
mooring facilities where boats or boat accessories are berthed, stored, serviced,
repaired, constructed or kept for sale or rent and where facilities for the sale of
marine fuels or lubricants, accessory retail sales and a taxi and/or barging
service are provided and where waste water pumping facilities may be provided.
5.83
MARINE FACILITY
An accessory building or structure, which is used to take boats into or out of a
navigable waterway, or to moor boats. This definition includes a launching
ramp, boatlift, or dock but does not include any building used for human
habitation.
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5.84
MOBILE HOME
Any dwelling that is designed to be mobile, and constructed or manufactured to
provide a permanent residence for one or more persons in accordance with CSA
Z240 or Z241 but does not include a motor home, travel trailer or tent trailer or
trailer otherwise designed.
5.85
MOBILE HOME SITE
A parcel of land within a mobile home park which is serviced and used for the
exclusive purposes of one mobile home.
5.86
MOBILE HOME PARK
A lot under single management for the placement of three or more mobile
homes.
5.87
MODULAR HOME
Any dwelling that is designed in more than one unit and is designed to be made
mobile on a temporary basis, and constructed or manufactured to provide a
permanent residence for one or more persons, but does not include a mobile
home, recreational travel trailer or recreational motor vehicle as defined herein.
A modular home shall meet C.S.A. A-277 standards.
5.88
MOTEL
A structure containing a series of living or sleeping units with individual interior
sanitary conveniences, including motor courts or tourist courts. All required
parking is at grade and direct access is available from the parking area to the
individual units.
5.89
MOTOR VEHICLE
An automobile, truck, motorcycle, and any other vehicle propelled or driven
otherwise than by muscular power, but does not include the cars of electric or
steam railways, or other motor vehicles running only upon rails, or a motorized
snow vehicle, traction engine, farm tractor, self-propelled implement of
husbandry or road building machine within the meaning of The Highway Traffic
Act, R.S.O., 1980, c.198, as amended.
5.90
MOTOR VEHICLE, COMMERCIAL
Any commercial motor vehicle within the meaning of The Highway Traffic Act,
R.S.O., 1980, c.198, as amended.
5.91
MOTOR VEHICLE BODY SHOP
A building or structure used for the painting or repairing of motor vehicle bodies,
exterior and undercarriage, and in conjunction with which there may be towing
service and motor vehicle rentals for customers while the motor vehicle is under
repair, but shall not include any other establishment otherwise defined or
classified in this By-law.
Town of Moosonee Zoning By-Law
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5.92
MOTOR VEHICLE DEALERSHIP
A building or structure where a franchised dealer displays motor vehicles for sale
or rent and in conjunction with which there may be used motor vehicle sales or
rentals, a motor vehicle repair garage, a motor vehicle service station, a motor
vehicle gasoline bar or a motor vehicle body shop, but shall not include any other
establishment otherwise defined or classified in this By-law.
5.93
MOTOR VEHICLE FUEL BAR
One or more pump islands, each consisting of one or more motor vehicle fuel
pumps, and a shelter, which shall include the sale of oils, antifreeze, gasoline
additives, propane, natural gas and small accessories required for the operation
of motor vehicles, boats and snowmobiles and shall not be used for repairs, oil
changes or greasing.
5.94
MOTOR VEHICLE REPAIR GARAGE
A building or structure where the exclusive service performed or executed on
motor vehicles for compensation shall include the installation of exhaust system,
repair of the electrical system, transmission repair, brake repair, radiator repair,
tire repair and installation, rustproofing, motor vehicle diagnostic centre, major
and minor mechanical repairs or similar use and in conjunction with which there
may be a towing service, a motor vehicle service station and motor vehicle
rentals for the convenience of the customer while the motor vehicle is being
repaired, but shall not include any other establishment otherwise defined or
classified in this By-law.
5.95
MOTOR VEHICLE SERVICE STATION
A building or structure where gasoline, propane, natural gas, oil, grease,
antifreeze, tires, tubes, tire accessories, electric light bulbs, sparkplugs, batteries
and automotive accessories for motor vehicles and new retail goods are stored
or kept for sale to the general public, or where motor vehicles may be oiled,
greased or washed, or have their ignition adjusted, tires inflated or batteries
charged, and where mechanical or running repairs essential to the actual
operation of motor vehicles are executed or performed. Such shall require
public washrooms.
5.96
MUNICIPAL,
DISTRICT
OR
PROVINCIAL
MAINTENANCE
AND/OR
STORAGE YARD
Any land, building and/or structure owned by the Corporation of the Town of
Moosonee, Public Utilities Commission or the Province of Ontario and used for
the storage, maintenance and/or repair of material, equipment, machinery and/or
motor vehicle used in connection with civic works.
5.97
MUSEUM
An institution that is established for the purpose of acquiring, conserving,
studying, interpreting, assembling and exhibiting to the public for its instruction
and enjoyment, a collection of artifacts of historical interest.
5.98
NON-COMPLYING
Town of Moosonee Zoning By-Law
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A lot, building or structure that does not fulfill the requirements of the zone
provisions for the zone in which the lot, building, structure is located.
5.99
NON-CONFORMING
An existing use or activity of any land, building or structure which does not
conform with the permitted uses or activities, permitted by this By-law for the
Zone in which such existing land, building or structure is located, so long as it
continues to be used for that purpose.
5.100
NURSING HOME
Any premises maintained and operated for persons requiring nursing care, and
which is licensed under The Nursing Homes Act, R.S.O., 1980, c.302, as
amended.
5.101
OUTSIDE STORAGE
Any accessory storage outside of a principle or main building or structure on the
lot.
5.102
PARK, PRIVATE RECREATIONAL
An open space or recreational area, other than a public park, operated on a
commercial and/or private member basis, and which includes one or more of the
following facilities or activities:
a)
Areas for walking, riding and cross-country skiing, snowmobiling, but
does not include the racing of animals, motor vehicles, motor cycles or
snowmobiles;
b)
Accessory recreational or playground areas such as picnic areas, tennis
courts, lawnbowling greens, outdoor skating rinks, athletic fields;
c)
An accessory club house or storage building of a maximum of 75 square
metres. and;
d)
Parking lots accessory to the foregoing.
5.103
PARK, PUBLIC
Any open space or recreational area, owned or controlled by the Corporation or
by any Board, Commission or other Authority established under any statute of
the Province of Ontario or Federal Government and may include therein
neighbourhood, community, regional and special parks or areas and may include
one or more athletic fields, field houses, community centres, bleachers,
swimming pools, greenhouses, botanical gardens, zoological gardens,
bandstands, skating rinks, tennis courts, bowling greens, bathing stations,
curling rinks, refreshment rooms, fair grounds, arenas, or similar uses.
Town of Moosonee Zoning By-Law
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5.104
PARKING AREA
An area or areas of land or a building or part thereof which is provided and
maintained upon the same lot or lots upon which the principle use is located for
the purpose of storing motor vehicles.
5.105
PARKING LOT
A parking area forming the principle use of a lot.
5.106
PARKING SPACE
An area having a minimum width of 3 metres and a minimum area of 18.5
square metres, exclusive of any aisles, ingress or egress lanes, for the parking
or storage of motor vehicles.
5.107
PATIO
A platform or surfaced area without a roof, the surface of which is not more than
0.3 metres above finished grade, which is designed and intended for use as an
accessory to a dwelling or a commercial use.
5.108
PERSON
Any human being, association, firm, partnership, incorporated company,
corporation, agent or trustee, and the heirs, executor or other legal
representatives of a person to whom the context can apply according to law.
5.109
PERSONAL SERVICE SHOP
A business which is associated with the grooming or health of persons or the
maintenance or repair of personal wardrobe accessories and may include a
barber shop, beauty salon, shore repair shop dry cleaning depot or similar uses.
5.110
PIT
A place where unconsolidated gravel, stone, sand, earth, clay, fill, peat or other
material is being or has been removed by means of an excavation to supply
materials for construction, industrial or manufacturing purposes, but does not
include a wayside pit.
5.111
PLACES OF WORSHIP
Churches, chapels, temples, parish halls and synagogues including offices for
the administration of the religious institution, convents, seminaries, monasteries,
rectories, parsonages and parish houses.
5.112
PLACE OF AMUSEMENT
Any premises or separate part of a premises wherein two or more amusement
machines are provided for use by the public for profit or gain.
Town of Moosonee Zoning By-Law
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September 1, 2007
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5.113
PLANTING STRIP
An open space free of buildings or structures which is used for the growing and
maintenance of an unbroken row of shrubs, trees or other natural vegetation
having a minimum height of 1.5 metres.
5.114
PORTABLE PROCESSING PLANT
Any equipment for the crushing, screening or washing of sand and gravel
aggregate materials, but not including a concrete batching plant or an asphalt
plant, which equipment is capable of being readily drawn or readily propelled by
a motor vehicle and which equipment is not considered permanently affixed to
the site.
5.115
PRINCIPLE OR MAIN BUILDING
Any building which is carried on the principle purpose for which the building lot is
used and shall include a barn or silo used in conjunction with a farm.
5.116
PRIVATE CLUB
A non-profit, non-commercial organization, which carries on social, cultural,
athletic and/or recreational activities.
5.117
PRIVATE ROAD
A private right-of-way over private or public property or a forest access road over
Crown Land which affords access to abutting lots and is not maintained by a
public body.
5.118
PROVINCIAL HIGHWAY
A public improved road under the jurisdiction of the Ministry of Transportation.
5.119
PUBLIC AUTHORITY
Any Federal, Provincial, District or Municipal agencies, and includes any
commission, board, authority or department established by such agency and
shall include Hydro One and Bell Canada.
5.120
QUARRY
A place where consolidated rock has been or is being removed by means of an
open excavation to supply material for construction, industrial or manufacturing
purposes, but does not include a wayside quarry or open pit metal mine.
5.121
RECREATION, OUTDOOR
The use of lands for recreational activities that do not require buildings,
structures or major alteration of the landscape, including trails, private camp
sites, horseback riding hunting and fishing.
Town of Moosonee Zoning By-Law
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September 1, 2007
Housekeeping Update March 5, 2012
5.122
RECREATIONAL ESTABLISHMENT
Premises where entertainment is offered for gain or profit such as a motion
picture or other theatre, public hall, billiard or pool rooms, an establishment
offering three or more electronic games for public use, bowling alley, ice or roller
skating rink, miniature golf course and all other similar places of amusement.
5.123
RESORT
A tourist establishment that provides accommodation throughout all or part of
the year and that has facilities for serving meals and furnishes equipment,
supplies or services to persons in connection with angling, hunting, camping or
recreational purposes and may include a Liquor Licensed Premises and
accommodation facilities for staff.
5.124
RESOURCE MANAGEMENT USE
The preservation, protection and improvement of the natural environment
through comprehensive management and maintenance for both the individual
and society's uses, both in the present and the future. Resource Management
Uses also means the management, development and cultivation of timber
resources to ensure the continuous production of wood or wood products, the
provision of proper environmental conditions for wildlife, the protection against
floods and erosion, the protection and production of water supplies and the
preservation of the recreational resource.
5.125
RESTAURANT
A building or part of a building where food is offered for sale or sold to the public
primarily for immediate consumption.
5.126
RETAIL STORE
A building where goods, wares, merchandise, substances or articles, are offered
or kept for sale at retail and includes storage on or about the store premises of
limited quantities of such goods, wares, merchandise, substances, or articles
sufficient only to service such stores but does not include any retail outlet
otherwise classified or defined in this By-law.
5.127
RIDING SCHOOL OR BOARDING STABLE
An area of land which is used as an educational centre for horse training,
handling, care, or for the lodging of horses.
5.128
SALVAGE OR WRECKING YARD
A place where motor vehicles are wrecked or disassembled and resold; a place
where second-hand goods, including waste paper, bottles, automobile tires,
clothing, other scrap materials and salvage are collected to be sorted and a
place where used lumber and used building materials are stored for sale or
resale.
Town of Moosonee Zoning By-Law
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September 1, 2007
Housekeeping Update March 5, 2012
5.129
SCHOOL
A public school, a separate school, a university, a community college or a private
school authorized by the Province of Ontario.
5.130
SERVICE SHOP
A building or part of a building, not otherwise defined or classified in this By-law,
for the servicing or repairing of articles, goods or materials, as well as facilities
for accessory retail sales.
5.131
SETBACK
The horizontal distance from the centre line of the street right-of-way, or defined
physical feature measured at right angles to such centre line, to the nearest part
of any building or structure on the lot.
5.132
SEWAGE
The waste water and matter from any uses.
5.133
SEWAGE SERVICES OR FACILITY
Any works by a public authority for the collection, transmission, storage,
treatment and disposal of sewage.
5.134
STOREY
A storey is that part of a building between the surface of one floor and the ceiling
above. However, a cellar does not count as a storey.
5.135
STREET LINE
The limit of the street or road allowance and is the dividing line between a lot and
street or road.
5.136
STRUCTURE
Anything man-made that is fastened to or into the earth or another structure or
rests on the earth by its own mass but shall not include a vehicle or other
structure defined herein..
5.137
TAVERN
A tavern or public house as defined by The Liquor Licence Act, but does not
include a hotel or restaurant.
5.138
TENT
Any kind of temporary shelter for sleeping that is not permanently affixed to the
site and that is capable of being easily moved and is not considered a structure.
Town of Moosonee Zoning By-Law
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September 1, 2007
Housekeeping Update March 5, 2012
5.139
TOURIST ESTABLISHMENT
Any premises operated to provide sleeping accommodation for the traveling
public or sleeping accommodation for the use of the public engaging in
recreational activities, and includes the services and facilities in connection with
which sleeping accommodation is provided, but does not include:
a)
A camp operated by a charitable corporation approved under The
Charitable Institutions Act, R.S.O., 1980, c.64, as amended;
b)
A summer camp within the meaning of the regulations made under The
Health Protection and Promotion Act, S.O., 1983, as amended;
c)
A club owned by its own members and operated without profit or gain; or
d)
A tent and trailer park.
5.140
TRAILER
A vehicle that is at any time drawn upon a highway by a motor vehicle, another
motor vehicle or any device or apparatus not designed to transport persons or
property, temporarily drawn, propelled or moved upon such highway, and except
a side car attached to a motorcycle, and shall be considered a separate vehicle
and not part of the motor vehicle by which it is drawn and, for the purposes of
this By-law, does not include a mobile home.
5.141
TRAILER, TRAVEL OR TENT
Any trailer which is designed to be temporarily utilized for living, shelter and
sleeping accommodation, with or without cooking facilities and which has
running gear and towing equipment permanently attached and a current license
and is not permanently affixed to the ground.
5.142
TRANSPORTATION DEPOT
Any building or land where buses, trucks or tractor-trailers are rented, leased,
kept for hire, stored or parked for commercial purposes and for the purposes of
this By-law shall also include a rail yard, airport, and shipping and docking
facilities.
5.143
USE
a)
Any purpose for which a building or other structure or a parcel of land
may be designed, arranged, intended, maintained, or occupied; or,
b)
Any activity, occupation, business or operation carried on, or intended to
be carried on, in a building or other structure or on a parcel of land.
5.144
VEHICLE
A motor vehicle, trailer, traction engine, farm tractor, road building machine and
any vehicle drawn, propelled or driven by any kind of power, including muscular
power, but does not include the cars of electric or steam railways running only
upon rails.
Town of Moosonee Zoning By-Law
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September 1, 2007
Housekeeping Update March 5, 2012
5.145
VEHICLE, RECREATIONAL
A vehicle designed to provide temporary living accommodation but does not
include a mobile home, travel trailer or other vehicle defined herein.
5.146
VESSEL
A craft designed to float on the water including a boat, a barge or a ship.
5.147
VETERINARY HOSPITAL
The premises of a veterinary surgeon where animals are treated or kept.
5.148
WAREHOUSE
A building or part of a building used for the storage and distribution of goods,
wares, merchandise, substances or articles and may include facilities for a
wholesale or retail commercial outlet, provided that they do not exceed 10
percent of the gross floor area, but shall not include a truck or transport terminal
or yard.
5.149
WASTE DISPOSAL AREA
A land fill site where garbage, refuse, domestic or industrial waste, exclusive of
liquid industrial waste, is disposed of or dumped.
5.150
WATERCOURSE
A waterbody or the natural channel for a perennial or intermittent stream of water
including a river or stream.
5.151
WATER SERVICES OR FACILITY
Any works by a public authority for the treatment, storage, supply or distribution
of water.
5.152
WAYSIDE PIT OR QUARRY
A temporary pit or quarry opened and used by a public road authority solely for
the purpose of a particular project or contract of road construction and not
located on the road right-of-way.
5.153
WORKSHOP
A building or structure where manufacturing is performed by tradesmen requiring
manual or mechanical skills and may include a carpenter's shop, a locksmith's
shop, a gunsmith's shop, a plumbing and electrical contractor's or a heating /air
conditioning contractor's shop, a commercial welder's shop, or similar uses.
Town of Moosonee Zoning By-Law
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September 1, 2007
Housekeeping Update March 5, 2012
5.154
YARD
Any open unoccupied space appurtenant to a building measured from the
closest supporting structure of the building to the lot line.
5.155
YARD, EXTERIOR SIDE
A side yard immediately adjacent to an exterior lot line.
5.156
YARD, FRONT
A yard extending across the full width of the lot between the front lot line and the
nearest wall of any building or structure on the lot for which the yard is required.
On islands where there is only one lot, all yards shall be considered as the front
yard. On lots having frontage on a navigable waterway and a maintained
municipal roadway there are two front yards.
Where there is a Crown Reserve or Shoreline Road Allowance the front yard
requirement shall include the abutting Crown Reserve or Shoreline Road
Allowance.
5.157
YARD, FRONT
The least horizontal distance between the front lot line of the lot and the nearest
part of any building or structure on the lot, or the nearest open storage use on
the lot, or the edge or rim of an excavation on the lot.
5.158
YARD, REAR
The least horizontal distance between the rear lot line of the lot and the nearest
part of any building or structure on the lot, or the nearest open storage use on
the lot, or the edge or rim of an excavation on the lot.
5.159
YARD, REQUIRED
The minimum yard required by the provisions of the By-law.
5.160
YARD, SIDE
A yard extending from the front yard to the rear yard between the side lot line
and the nearest wall of any building on the lot for which the yard is required.
5.161
YARD, SIDE EXTERIOR
A side yard immediately adjoining a public street.
5.162
YARD, SIDE INTERIOR
A side yard other than an exterior side yard.
Town of Moosonee Zoning By-Law
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September 1, 2007
Housekeeping Update March 5, 2012
5.163
YARD, SIDE
The least horizontal distance between the side lot line of the lot and the nearest
part of any building or structure on the lot, or the nearest open storage use on
the lot, or edge or rim or excavation on the lot.
5.164
ZONE
The category of use or activity of land, buildings, structures or activities
permitted by this By-law.
5.165
ZONE PROVISIONS
The permissible uses, the minimum area and dimensions of lots, the minimum
dimensions of yards, the maximum lot coverage, the minimum setback, gross
floor area, the minimum landscaped open space, the maximum height of
buildings, minimum parking requirements, and all other Zone provisions are set
out within the By-law for the respective Zones.
Town of Moosonee Zoning By-Law
57
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September 1, 2007
Housekeeping Update March 5, 2012
SECTION 6
ENACTMENT
6.1
FORCE AND EFFECT
This By-law shall come into force and effect on the date it is passed by the
Council of the Corporation of the Town of Moosonee subject to the applicable
provisions of The Planning Act, R.S.O., 1990, Cp.l3., as amended.
6.2
READINGS BY COUNCIL
THIS BY-LAW READ A FIRST TIME ON THE ____ DAY OF ______, 2007
THIS BY-LAW READ A SECOND TIME ON THE ___ DAY OF ______, 2007.
THIS BY-LAW READ A THIRD TIME AND FINALLY PASSED ON THE ____
DAY OF _________, 2007.
MAYOR: ___________________
(MUNICIPAL SEAL)
CLERK: ____________________
6.3
CERTIFICATION
I hereby that the foregoing is a true copy of Zoning By-law No. 34-07 as enacted
by the Council of the Corporation of the Town of Moosonee, on the _____ day
of _______, 2007.
CLERK: ____________________