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File P-2155
Zoning By-law
Adopted February 4, 2013
Approved by the Ontario Municipal Board, August
29, 2013 save and except for Section 4.16(a)
(Highlighted)
Nairn and Hyman Zoning By-law
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NAIRN AND HYMAN TOWNSHIP
ZONING BY-LAW
Table of Contents
1.0 ADMINISTRATION ............................................................................. 1
1.1
Title ..................................................................................... 1
1.2
Applications and Plans ............................................................... 1
1.3
Defined Area ........................................................................... 2
1.4
Enforcement ........................................................................... 2
1.5
Inspection of Land, Buildings and Structures .................................... 2
1.6
Penalty .................................................................................. 2
1.7
Repeal and Relationship to Former By-laws ...................................... 3
1.8
Validity .................................................................................. 3
1.9
Other By-laws, Licenses, Permits and Regulations .............................. 3
1.10
Conflict ................................................................................. 3
1.11
Interpretation ......................................................................... 4
1.12
Effective Date ......................................................................... 4
2.0 CONFORMITY REQUIREMENTS ......................................................... 5
3.0 DEFINITIONS .............................................................................. 6
4.0 GENERAL PROVISIONS ....................................................................48
4.1
Accessory Buildings, Structures and Uses ........................................48
4.2
Auto Service Station, Gasoline Bar, Car Washing Establishment ............50
4.3
Buildings to be Moved ...............................................................51
4.4
Camp (Fish Camp or Hunt Camp)..................................................51
4.5
Change of Use ........................................................................51
4.6
Cumulative Standards ...............................................................51
4.7
Day Nurseries .........................................................................51
4.8
Environmental Design Requirements for Shoreline Properties ...............52
4.9
Established Building Line in Built-Up Area.......................................53
4.10
Exception Zone .......................................................................53
4.11
Fences ..................................................................................54
4.12
Flood Plain, Fill and Construction Requirements ...............................54
4.13
Frontage on a Public Street or Private Road ....................................55
4.14
Garden Suites .........................................................................56
4.15
Group Homes .........................................................................56
4.16
Home Based Businesses .............................................................56
4.17
Illumination ...........................................................................57
4.18
Land Suitability for Use and Organic Soils .......................................57
4.19
Mine Hazards ..........................................................................57
4.20
Minimum Distance Separation and Special Setbacks ...........................58
4.21
Natural Heritage Features and Areas .............................................60
4.22
Non-Conforming and Non-Complying .............................................61
4.23
Occupancy Restrictions .............................................................62
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4.24
Outside Storage, Sales and Display ...............................................62
4.25
Parking and Storage of Vehicles ...................................................63
4.26
Schedule for parking requirements ...............................................65
4.27
Parts of Buildings or Structures Permitted Above Height Level .............66
4.28
Permitted Projections ...............................................................66
4.29
Prohibited Uses .......................................................................67
4.30
Sight Triangles ........................................................................67
4.31
Signs ....................................................................................67
4.32
Sleep Cabin............................................................................68
4.33
Streets and Parks.....................................................................68
4.34
Temporary Buildings or Structures During Construction ......................68
4.35
Use by Public Authority or Public Utility.........................................68
4.36
Water and Sewage Disposal Systems .............................................69
4.37
Zones Applying to More than One Property .....................................69
5.0 ZONES .......................................................................................68
5.1
Zone Classification ...................................................................68
5.2
Zones ...................................................................................68
5.3
INTERPRETATION OF ZONE BOUNDARIES .........................................70
5.4
GENERAL RESIDENTIAL - R1 .........................................................71
5.5
MULTIPLE RESIDENTIAL - R2 ........................................................73
5.6
RURAL RESIDENTIAL - R3 ............................................................75
5.7
HIGHWAY AND TOURIST COMMERCIAL - C........................................77
5.8
RESORT COMMERCIAL - CR ..........................................................79
5.9
LOCAL COMMERCIAL - CL ...........................................................81
5.10
LIGHT INDUSTRIAL - M1 .............................................................83
5.11
MEDIUM INDUSTRIAL - M2 ...........................................................85
5.12
RURAL INDUSTRIAL - M3 .............................................................87
5.13
MINING ZONE - MM ...................................................................89
5.14
MINERAL AGGREGATE RESOURCE - MX............................................91
5.15
WASTE MANAGEMENT FACILITY - WMF ...........................................92
5.16
NATURAL RESOURCE (RURAL) - R ..................................................93
5.17
ENVIRONMENTAL PROTECTION - EP ...............................................94
5.18
HERITAGE - H .........................................................................95
The Corporation of the Township of Nairn and Hyman
Comprehensive Zoning By-law
Foreword
This Zoning By-law affects all lands within the Township of Nairn and Hyman. To use this By-law, locate the
subject property on the map schedules provided and determine the zone(s) which affects the land. Then
review the specific regulations relating to the zone(s) in Section 5: Zones. It is also important to review
Section 4: General Provisions and any applicable definitions in Section 3: Definitions.
Changes to the requirements contained in this By-law may be made with prior approval by the Township as
provided for under the Planning Act. Significant changes may be made through the zoning by-law
amendment process. Minor variations may be granted by the Township Committee of Adjustment. Both
processes require formal applications to be submitted to the Municipality and both involve mandatory public
notification.
Should you have any questions about the interpretation of the wording of this by-law or the process
involved to obtain relief from its provisions, please contact the Township Office.
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1.0 ADMINISTRATION
Explanatory Note
Section 1 identifies the administrative controls and requirements of the By-law. It
names the By-law, states its relationship with other by-laws, defines the area to
which it applies, how it is to be enforced, etc. In essence, it identifies the legal
parameters within which the By-law functions.
1.1
Title
This By-law shall be known as the Zoning By-law or By-law No. 2000-22 as amended of the
Corporation of the Township of Nairn and Hyman.
1.2
Applications and Plans
In addition to the requirements of any Building By-law, every application for a building permit shall
be accompanied by a plan, drawn to scale and showing the following:
(a)
The true dimensions and/or legal description of the lot to be built upon or otherwise used;
(b)
The proposed location, height and dimensions of any building, structure or use proposed
for such lot;
(c)
The setbacks of all existing and proposed buildings or structures from the nearest lot
lines, the dimensions of yards, the location of landscaping, the location and dimensions of
parking spaces (conventional and barrier-free), parking aisles, parking areas and loading
spaces as required by this By-law;
(d)
The proposed location, height and dimensions of yards, landscaping, parking areas and
loading spaces required by this By-law;
(e)
The location of all existing buildings or structures on the lot, including the lot area, lot
coverage of existing and proposed structures;
(f)
A statement, signed by the owner disclosing the exact use of all existing and proposed
uses of land, buildings or structures and such other information as may be required to
determine whether the uses conform with the requirements of this by-law.
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1.3
Defined Area
The provisions of this By-law shall apply to all lands within the municipal boundaries of the
Corporation of the Township of Nairn and Hyman.
1.4
Enforcement
This By-law shall be administered by the Chief Building Official or such other person as may
from time to time be designated by Council, and no permit for the use of land or for the erection
or use of any building or structure or approval of application for any municipal license within the
jurisdiction of the Council shall be issued or given where the proposed building, structure or use
would be a violation of any provision of this By-law.
1.5
Inspection of Land, Buildings and Structures
(a)
Subject to Section 49 of the Planning Act, 1990, where an officer believes on reasonable
grounds that a by-law passed under Section 34 or 38 (of the Planning Act) is being
contravened, the officer or any person acting under his or her instructions, may at all
reasonable times, and upon producing proper identification, enter and inspect any property
on or in respect of which he or she believes the contravention is occurring.
(b)
Except under the authority of a search warrant issued under Section 49.1 (of the Planning
Act), an officer or any person acting under his or her instructions shall not enter any room
or place actually used as a dwelling without requesting and obtaining the consent of the
occupier, first having informed the occupier that the right of entry may be refused and entry
made only under the authority of a search warrant.
(c)
No person shall obstruct or attempt to obstruct an officer or person acting under the
officer's instructions in the exercise of a power under this Section.
(d)
For the purposes of this by-law, reasonable hours shall mean between 8:00 a.m. and 9:00
p.m. local time.
1.6
Penalty
(a)
Every person who violates any of the provisions of this By-law is guilty of an offense and
upon conviction is liable to a fine not exceeding Twenty-Five Thousand Dollars
($25,000.00), on a first conviction, and to a fine of Ten Thousand Dollars ($10,000.00) on a
subsequent conviction for each day or part thereof upon which the contravention has
continued after the day on which the person was first convicted.
(b)
Where a corporation is convicted under subsection (a), the maximum penalty that may be
imposed is Fifty Thousand Dollars ($50,000.00) on a first conviction and Twenty Five
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Thousand Dollars ($25,000.00) on a subsequent conviction for each day or part thereof
upon which the contravention has continued after the day of the first conviction.
(c)
Where an offense is committed by a corporation, every director or officer of the corporation
who knowingly concurred in the contravention is guilty of an offense, and upon conviction
is liable to a fine as provided for in sub-section 1.6(a) (i) or (ii); and
(d)
Where a person is convicted of an offense under this By-law, in addition to any other
remedy or any penalty provided by law, the court in which the conviction has been entered,
and any court of competent jurisdiction thereafter, may make an order prohibiting the
continuation or repetition of the offense by the person convicted.
1.7
Repeal and Relationship to Former By-laws
Insofar as it applies to the lands affected by this By-law, any By-laws passed under Section 34 of
the Planning Act, 1990, or its predecessor, are hereby repealed.
The adoption of this By-law shall not prevent any pending or future prosecution of, or action to
abate any existing violation of the said By-laws if the violation is also a violation of any of the
provisions of this By-law.
1.8
Validity
Should any Section or part of a Section of this By-law or Schedule hereto be declared by a court of
competent jurisdiction to be invalid, the same shall not affect the provisions of this By-law as a
whole or any part thereof other than the part declared to be invalid.
1.9
Other By-laws, Licenses, Permits and Regulations
Nothing in this By-law shall exempt any person from complying with the requirements of any other
By-law in force within the area affected by this By-law, or from applying for and obtaining any
permit, license, permission, authority or approval required by this or any other By-law or regulation
of the Corporation or by any other law in force from time to time.
1.10 Conflict
In the event of conflict between this By-law and amendments thereto, and any general or special
By-law, the most restrictive By-law shall prevail.
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1.11 Interpretation
(a)
Legislation Act
The Legislation Act applies to this By-law.
(b)
Definitions
Definitions are given in this By-law to aid in the understanding and implementation of the
intent and meaning of the By-law. They are not to be used to avoid an obligation imposed
by the By-law or any requirement enacted in a substantive provision of the By-law.
(c)
Citation
This By-law may be cited by its long title ("A By-law to Regulate the Use of Land, Buildings
and Structures within the Township of Nairn and Hyman"), its short title ("Township of Nairn
and Hyman Zoning By-law") or its by-law number, and any such citation is to be taken as
meaning the By-law as amended.
(d)
Gender Neutrality
This By-law is gender neutral and, accordingly, any reference to one gender includes the
other.
(e)
Grammar
In this By-law, words in the singular include the plural, and words in the plural include the
singular.
(f)
References
Appendices, examples, footnotes, glossaries, headings, indices, marginal notes and
references to former enactments or enabling legislation after a section or other division of
the By-law, do not form part of the By-law and are inserted for convenience of reference
only.
(g)
Measurement Units
This By-law utilizes the metric system to establish measurements when such
measurements form part of a regulation or a requirement. (Imperial measurements are
provided for the convenience of the reader and are not a legal part of this By-law.) Where
linear distances other than those referring to vertical measurements are specified, such
liear distances are to be measured on a horizontal plane.
1.12 Effective Date
This By-law shall take effect from the date of its passage by Council, subject to the provisions of the
Planning Act.
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2.0 CONFORMITY REQUIREMENTS
Explanatory Note
This short section establishes the authority and legitimacy of the By-law. It is
composed of two statements which establish the primacy of the regulations stated
within.
2.1. No land, building or structure shall be used and no building or structure shall be erected or
enlarged, altered, or placed for any purpose within the area defined by this By-law, except as
specifically, or by necessary implication, authorized by this By-law and in conformity with all the
applicable provisions of this By-law.
2.2. Subject to the granting of such minor variances as may be necessary, no lands shall be severed
from any existing lot if the effect of such action is to cause the original, adjoining, remaining or new
building, structure, lot or use of land to be in contravention of any provision of this By-law.
2.3. Where a use does not take place within a building, but a regulation in this By-law imposes a
requirement premised on the use being in a building, the requirement applies as though the actual
area occupied by the use was in a building.
2.4. Committee of Adjustment
Pursuant to the provisions of Sections 44 and 45 of the Planning Act, a duly appointed Committee
of Adjustment is authorized to grant relief to any of the provisions of this By-Law, by way of
granting a minor variance or by giving a permission for the enlargement or extension of a non-
conforming use or to permit a change of use of a non-conforming use to a similar or more
compatible use.
Explanatory Note
The Committee of Adjustment, as appointed by Council, is duly authorized under Section 45 of the
Planning Act, upon the application of the owner of any land, building or structure affected by this
by-law, to grant a minor variance from the provisions of this by-law as in its opinion is desirable for
the appropriate use of the land, building or structure if the general intent of the Zoning By-Law and
Official Plan are maintained. Minor variances may, for example, be granted to the lot area, lot
frontage, setbacks, height of buildings, parking provisions or any other standard set out in this By-
Law.
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3.0 DEFINITIONS
Explanatory Note
For the purpose of this By-law, the definitions and interpretations given in this Section shall
govern. In this By-law, the word "shall" is mandatory and not directory; words in the
singular include the plural, words in the plural include the singular; the word "used"
includes "arranged", "designed" or "intended to be used". The word "occupied" shall
include "designed to be occupied" and "arranged to be occupied".
3.A
Abattoir
Means a commercial use, building or structure, and accessory uses regulated by the Food Safety and
Quality Act, where animals are killed but shall not include a rendering plant.
Accessory
When used to describe a use, building or structure, means a use, building or structure naturally or
normally incidental, subordinate and exclusively devoted to a main use, building or structure and located
on the same lot therewith (see Figure 3.1).
Accessory Dwelling - see Dwelling, Accessory
Adult Video Rental Outlet
Means an establishment where pre-recorded DVDs, blue-ray discs, video tape, video discs, game
cartridges, video cameras of video players/recorders are offered for rent or rented as a principal or
accessory business activity and includes the sale of electronic systems designed or advertised as designed
to appeal to erotic or sexual appetites or inclinations.
Figure 3.1
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Adventure Game
Means an outdoor sport or recreation operated commercially in which participants attempt to capture a flag
or some other object and return it to their home base, and may carry one or more of the following
equipment: paint pellet pistols with a CO2 cartridge, paint pellets, safety goggles to prevent pellets from
striking participants' eyes, and armbands to identify team participants.
Adverse Effects
Means one or more of:
(a)
Impairment of the quality of the natural environment for any use that can be made of it;
(b)
Injury or damage to property or plant and animal life;
(c)
Harm or material discomfort to any person;
(d)
An adverse affect on the health of any person;
(e)
Impairment of the safety of any person;
(f)
Rendering any property or plant or animal life unfit for use by humans;
(g)
Loss of enjoyment of normal use of property; and
(h)
Interference with normal conduct of business.
Aggregate
Means gravel, sand, clay, earth, shale, limestone, dolostone, sandstone, marble, granite, rock other than
metallic ores, asbestos, graphite, kyanite, mica, nepheline syenite, salt, talc, wollastonite, mine tailings or
other material prescribed under the Mining Act.
Agricultural Use
Shall mean the use of land, building(s) or structure(s) for:
(a)
The growing of crops, including but not limited to all related activities such as soil
preparation, manure or fertilizer storage and application, planting, spraying, grain drying,
irrigating, harvesting and also including the storage and sale of the crops produced on the
lands;
(b)
Animal husbandry including the raising, boarding, and keeping of all forms of livestock and
fish, and all related activities such as breeding, training, feeding, manure storage and
grazing;
(c)
The production of animal products such as milk, eggs, wool, fur, or honey, including related
activities such as the collection, storage and sale of the products; and
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(d)
The use and storage of all forms of equipment or machinery needed to accomplish the
foregoing activities.
An agricultural use shall not be construed to include commercial activities related to agriculture such as
abattoirs, tanneries and retail sales outlets, other than a Farm Produce Outlet, or manufacturing and
processing activities involving farm crops or animal products such as cheese factories, grain mills or retail
seed sales.
Agricultural Use Building
Means a building designed or used for an agricultural use and shall include such uses or structures as a
barn, silo, shed and machine shed.
Alter
(a)
When used in reference to a building, structure or part thereof, means:
i)
To change any one or more of the external dimensions of such building or
structure; or
ii)
To change the type of construction of the exterior walls or roof of such building or
structures; or
iii)
To change the use of such building or structure or the number or types of uses or
dwelling units contained therein; or
iv)
Including building systems such as plumbing, heating and electrical
(b)
When used in reference to a lot means:
i)
To change the boundary of such lot with respect to a street or lane; or
ii)
To change any dimension or area, relating to such lot; or
iii) To change the use of such lot or the number of uses located thereon.
(c)
When used in reference to a shoreline:
i)
Means to change, straighten, divert or interfere in any way with the channel of any
water body or the lands surrounding the high water mark of a water body..
Ambulance Facility
Means a building or part thereof where professional paramedics and personnel are stationed and their
vehicles and equipment are kept or stored and may also include an area for temporary sleeping quarters,
kitchen and sanitary facilities for ambulance workers on duty.
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Antique Store or Craft Shop
Means a building or part of a building or structure where antiques, arts and crafts are offered or kept for
sale at retail.
Apartment Dwelling - see Dwelling, Apartment
Apartment-in-a-House - see Dwelling, Apartment-in-a-House
Areas of Archaeological Potential
Means areas with the likelihood to contain archaeological resources. Criteria for determining archaeological
potential are established by the Province, but municipal approaches which achieve the same objectives
may also be used. Archaeological potential is confirmed through archaeological fieldwork undertaken in
accordance with the Ontario Heritage Act.
Area of Natural and Scientific Interest (ANSI)
Means areas of land and water containing natural landscapes or features that have been identified by the
Ministry of Natural Resources as having life science or earth science values related to protection, scientific
study or education.
Asphalt Plant
Means an industrial facility used for the production of asphalt for immediate use in the paving of roads and
driveways and the damp-proofing of buildings or structures.
Attached
Means a building or structure otherwise complete in itself which is connected to, and which depends for
structural support upon a division wall or walls shared in common with an adjacent building or structures.
Auto Body Shop
Shall mean an establishment where automotive cleaning, polishing, body repair or repainting is conducted,
but shall not include a salvage yard.
Auto Repair Garage
Means a building used for the storage repair and servicing of motor vehicles, having at least one (1)
service bay where repairs essential to the actual operation of a motor vehicle are performed.
Auto Service Station
Means a building and/or lot used for the sale of fuels for vehicles and may include the renting, servicing,
repairing, lubrication, cleaning and polishing of vehicles and the sale of automotive accessories and
related products, but shall not include any other automotive use defined in this by-law.
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Automotive Sales Establishment
Means a building and/or lot used principally for the display and sale of new and/or used motor vehicles
and may include the servicing, repair, cleaning, body repair and repainting of motor vehicles, the sale of
automotive accessories and related products and the leasing or renting of motor vehicles, but shall not
include any other defined automotive uses.
3.B
Bakery
Means a building, part of a building, or structure where the baking of baked goods occurs for on or off-
site consumption. A bakery may include an incidental retail establishment where baked goods made on-site
are offered for retail sale.
Bank or Financial Institution
Means a building, part of a building, or structure used as a bank, credit union, trust company, finance
company, loan or mortgage company, investment firm or financial consultants.
Basement
Means a storey or storeys of a building located below the first storey. The first storey is the storey with its
floor closest to grade and having its ceiling more than 1.8 m [5 ft. 11 in] above grade. (see Figure 3.2).
Batch Plant, Asphalt or Concrete
Means an industrial facility used for the production of asphalt or concrete products, used in building or
construction and includes facilities for the administration or management of the business, the stockpiling of
bulk materials used in the production process of finished products manufactured on the premises and the
storage and maintenance of required equipment.
Bed and Breakfast Establishment
Means a private single detached dwelling designed to be used in part for the accommodation of the
travelling or vacationing public, containing therein suites or guest rooms.
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Bingo Hall
Means a building or premise or part thereof used for bingo or a bingo event and is duly registered under the
Gaming Control Act and is in compliance with municipal by-laws and approvals.
Berm
Means a landscaped mound or earth generally intended to screen, separate or mitigate the impacts of an
abutting land use.
Boat House
Means a building or structure or part thereof not over 4.8 m [15.7 ft] in height, used for the storage of
private boats and equipment accessory to their use, as an accessory use to a residential use, no part of
which shall be used for any residential or commercial purpose. Despite anything in the foregoing to the
contrary, rooftop decks or patios and screened enclosures (i.e. gazebos) shall be allowed provided that the
total aggregate height of all boat house structures does not exceed the maximum height limit by more than
1.2 m [4.0 ft].
Building
Means any structure used or intended for sheltering any use or occupancy. The word "building" shall
include the whole of such structure or part thereof and shall include any building types as regulated by the
Ontario Building Code.
Figure 3.2
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Building Height
Means the vertical distance
between
the
average
finished grade at the base
of the building and in the
case of a flat roof, the
highest point of the roof
surface or parapet wall,
whichever is the highest, or
in the case of all other
types of roofs, the mean
height level between the
base of the roof and
highest point of the roof
(see Figure 3.3).
Building, Main
Means a building in which is conducted the principle uses of the lot on which it is situated (see Figure 3.1)
Building Supply Store
Means a building where building supplies such as lumber, millwork, siding, roofing, plumbing, electrical,
heating, air conditioning, home improvement and similar goods are stored, displayed, or kept for retail sale.
This definition shall not include a lumber yard nor a salvage yard.
Built Heritage Resources
Means one or more significant buildings, structures, monuments, installations or remains associated with
architectural, cultural, social, political, economic or military history and identified as being important to a
community. These resources may be identified through designation or heritage conservation easement
under the Ontario Heritage Act, or listed by local, provincial or federal jurisdictions.
3.C
Camp (Hunt Camp, Fishing Camp)
Means a building or structure intended to provide basic shelter and accommodation on a temporary basis
for persons engaged in such activities as hunting, fishing, snowmobiling, hiking or other similar forms of
recreation.
Camp, logging
Means an area of land including buildings and structures specifically designed as non-permanent living
quarters for persons employed in the removal, cutting, debarking or harvesting of timber for commercial
Figure 3.3
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purposes or ancillary services and may include a dormitory, lodging or sleeping facilities, sanitary and
eating facilities and accessory uses directly related to meeting the needs of occupants including but not
limited to a laundromat, recreational facilities, concession selling personal effects and food stuffs and park
Campground - Tourist
Means an area of land, managed as a unit, providing short term accommodation for tents, recreational
vehicles or campers but shall not include mobile homes, park model trailers or a mobile home park.
Car Port
Means a structure open on at least two sides and intended to be used for the sheltering of one or more
motor vehicles.
Car Washing Establishment
Means a building or portion thereof used for manual or mechanical washing or cleaning of motor vehicles
for gain.
Cellar - See Basement
Cemetery
Means a cemetery within the meaning and as regulated by the Cemeteries Act and includes a mausoleum,
columbarium or other structure intended for the internment of human remains.
Chief Building Official
Means an officer or employee of the Corporation of the Township of Nairn and Hyman charged with the
duty of enforcing the provisions of the Building Code Act.
Clinic
Means a building or part thereof used solely for the purpose of consultations, diagnosis and treatment of
patients, by two (2) or more legally qualified physicians, dentists, optometrists, chiropodists, chiropractors
or drugless practitioners, together with their qualified assistants and without limiting the generality of the
foregoing, the building may include administrative offices, waiting rooms, laboratories, pharmacies or
dispensaries directly associated with the clinic, but shall not include accommodation for in-patient care or
operating rooms for major surgery.
Commercial Greenhouse
Means a building used for the growing of flowers, vegetables, shrubs, trees, and similar vegetation for
wholesale or retail sale. This definition shall not include any premises for the growing of mushrooms.
Commercial Parking Lot - see Parking Lot, Commercial
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February 29, 2013
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Commercial Vehicle
Means a commercial vehicle in excess of 3,178 kilograms gross weight (weight of vehicle plus load) and
without limiting the foregoing shall include buses, tractors, front-end loaders, backhoes, but shall not
include public utility vehicles.
Communications Facility
Means an installation which transmits, receives and/or relays communications such as a microwave relay
tower, significant antenna, telephone line, cellular telephone or wireless internet tower, radio or television
broadcast tower or similar facility.
Community Centre
Means any parcel of land or building(s) used for community activities whether used for commercial
purposes or not, and the control of which is vested in the municipality, a local board or agent thereof.
Compressed Gas Sales and Service
Means a commercial building, use or structure used for the legal sale, transfer and storage of gasses or
fuels which are compressed, deeply refrigerated, liquefied or dissolved under pressure (e.g., propane,
natural gas), and which are legally and properly kept in a retail store or a tank for storage incidental for the
purpose of retail sales to the public.
Conservation Use
Means the use of lands which are intended to remain open in character with the priority use given to
preservation of their ecological uniqueness, wildlife production and their natural features and may include
non-commercial recreational uses only if conservation of the resource is not jeopardized.
Construction Yard or Contractor's Yard
Means the yard of a building contractor or company used as a depot for the storage and maintenance of
equipment used by the contractor or company, and may include facilities for the administration or
management of the business and the stockpiling or storage of supplies used in the business, but does not
include the crushing of virgin or recyclable aggregates or materials and the wholesale or retail sale of
building supplies or home improvement supplies.
Continuum-of-Care-Facility
Means a building or a group of buildings which may include a senior citizens apartments building, a
nursing home, a long-term care facility, home for the aged and facilities associated with, and designed
specifically to serve the senior or disabled population such as clinics, retirement homes, recreation centres,
cafeterias and personal service establishments, and may also include independent senior's
accommodation in separate structures/living units that share in services such as meals.
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February 29, 2013
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Convenience Store
Means a building or part of a building used primarily for the sale of grocery and confectionary items and
incidentally for the sale of such other merchandise as is required to fulfil the day-to-day needs of the
surrounding community.
Converted Dwelling - see Dwelling, Converted
Corner Lot - see Lot, Corner
Corporation
Means the Corporation of the Township of Nairn and Hyman.
Council
Means the Council of the Corporation of the Township of Nairn and Hyman.
Crisis Care Facility
Means a building or part thereof which is used to provide for the supervised residency of persons
requiring immediate emergency shelter temporarily and without limiting the generality of the foregoing,
includes a facility for battered or abused adults and/or children and/or elderly persons.
Cultural Heritage Landscape
Means a defined geographical area of heritage significance which has been modified by human activities.
Such an area is valued by a community, and is of significance to the understanding of the history of a
people or place.
3.D
Day Nursery
Means an establishment governed by the Day Nurseries Act that receives more than five (5) children who
are not of common parentage, primarily for the purpose of providing temporary care, or guidance, or both
temporary care and guidance, for a continuous period not exceeding twenty-four hours, where the children
are,
(a)
Under eighteen years of age in the case of a day nursery for children with a developmental
disability; and
(b)
Under ten years of age in all other cases.
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February 29, 2013
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Deck
Means a structure abutting a dwelling or building with no roof or walls except for visual partitions and
railings which is constructed on piers or a foundation above-grade for use as an outdoor living area.
Detached
When used in reference to a building, means a building which is not dependent on any other building for
structural support or enclosure.
Development
Means the creation of a new lot, a change in land use, or the construction of buildings and structures
requiring approval under the Planning Act and shall be taken to include redevelopment, but does not
include activities that create or maintain infrastructure authorized under an environmental assessment
process, works subject to the Drainage Act, or underground or surface mining of minerals or advanced
exploration on mining lands.
Dock, Floating
Means an accessory structure used for the mooring of marine vessels which is designed to float freely on
the surface of the water body and which may be secured to the shoreline (see Figure 3.4).
Dock, Permanent
Means an accessory structure used for the mooring of marine vessels which is secured to the shoreline
and/or the bottom of the water body by concrete, metal or wood pillars or such other foundation, the
design of which facilitates the construction of a more or less permanent structure (see Figure 3.4).
Figure 3.4
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February 29, 2013
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Driveway
Means a vehicular access connected to only one public street or thoroughfare, which provides ingress to
and/or egress from one lot, but shall not include a lane as defined herein. This definition shall include a
shared driveway where such driveway provides access to no more than two lots.
Duplex Dwelling - see Dwelling, Duplex
Dwelling
Means a building occupied or capable of being occupied as the home or residence of one or more
persons, where food preparation and sanitary facilities are provided, but shall not include a boarding
house, hotel, motel, rental cottage or cabin or similar commercial use of a private or semi-private
institution (see Figure 3.5) .
Dwelling - Accessory
Means a dwelling which is incidental, subordinate and exclusively devoted to a main use and is located on
the same lot therewith.
Dwelling - Apartment
Means a building containing four (4) or more dwelling units.
Dwelling - Apartment-in-a House (Accessory only)
Means a self-contained accessory dwelling unit in a single detached dwelling or a semi-detached
dwelling and which has a separate entrance. An apartment-in-a-house shall be considered an accessory
use to a main permitted single detached dwelling or semi-detached dwelling.
Dwelling - Converted
Means a dwelling altered to contain a greater number of dwelling units, with each self-contained
dwelling unit having a floor space of not less than 55 m2 [592.0 ft2] (see Figure 3.5).
Dwelling - Duplex
Means a building divided horizontally into two (2) dwelling units, each one having an independent
entrance (see Figure 3.5).
Dwelling, Mobile Home - See Mobile Home
Dwelling, Park Model Trailer
Means a manufactured building designed and constructed in conformance with CAN/CSA-Z241 Series M
"Park Model Trailer, as set out in the Building Code, and is used or intended to be used for accommodation
on a seasonal or recreational basis only.
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Dwelling - Seasonal
Means a dwelling constructed as a secondary place of residence and is not the principal place of residence of
the owner or occupier thereof.
Dwelling - Semi-detached
Means a building on a single foundation divided vertically into two (2) separate dwelling units by a common
wall (see Figure 3.5).
Dwelling - Single-detached
Means a detached building containing one (1) dwelling unit, and shall include a modular home (see Figure
3.5).
Dwelling Unit
Shall mean a building or a portion thereof occupied or capable of being occupied as the home or
residence of one or more persons, where food preparation and sanitary facilities are provided, but shall not
include any part of a boarding house, hotel, motel, rental cottage or cabin or similar commercial use of a
private or semi-private building or structure.
3.E
Easement
Means the legal right acquired by contract to pass over, along, upon or under the lands of another.
Equestrian Establishment
Means an establishment engaged in the operation of a horse riding academy or horse riding stables.
Equipment Rental Establishment
Means a building or part of a building wherein the primary use is the rental of machinery, equipment,
furniture and fixtures and other goods.
Erect
Means to build, construct, reconstruct, alter or relocate and without limiting the generality of the
foregoing shall be taken to include any preliminary physical operation such as excavating, grading,
piling, cribbing, filling or draining, structurally altering any existing building or structure by an addition,
deletion, enlargement or extension.
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February 29, 2013
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Figure 3.5
Township of Nairn and Hyman Zoning By-law
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February 29, 2013
File P-2155
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Established Building Line
Means the average setback from the street line of existing buildings on one side of a continuous 100
m [328.1 ft] strip of land where three (3) or more of the lots having street frontage upon the said side of
the street have been built upon (see Figure 3.6).
Established Grade
Means the average elevation of the finished level of the ground adjoining all of the walls of the building
or structure exclusive of any artificial embankments or berms.
Existing
Means existing as of the date of the passing of this By-law.
Exterior Side Lot Line - see Lot Line - Exterior Side
Exterior Side Yard - see Yard, Exterior Side
3.F
Farm
Means any agricultural use and includes apiaries, aviaries, berry or bush crops, breeding, raising, training
or boarding of horses or cattle, commercial greenhouses, farms devoted to the hatching, raising and
marketing of chickens, turkeys or other fowl or game birds, animals, fish or frogs, farms for grazing, flower
gardening, field crops, goat or cattle dairies, growing, raising, picking, treating and storing of vegetables or
fruit produced on the premises, nurseries, orchards, riding stables, the raising of sheep or uses or
enterprises as are customarily carried on in the field of general agriculture. A farm may include a single
detached dwelling, and such principle or main buildings and structures as a barn or silo, as well as
accessory buildings and structures which are incidental to the operation of the farm.
Figure 3.6
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February 29, 2013
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Farm, Hobby - see Hobby Farm
Farm Produce Outlet
Means a use accessory to a farm which consists of the retail sale of agricultural products produced on the
farm where such outlet is located.
Farmer's Market
Means land, a building or structure where the farm products of a primarily produced in the Township and
surrounding area are sold at retail from covered or uncovered areas designed for individual retailers.
Feed Supply Outlet
Shall mean a building or part of a building, structure or area used for the retail sale of animal feeds.
Fence
Means any barrier or structure constructed of chain link metal, wood, stone, metal, brick or other similar
materials or combinations of such materials which is erected for the purpose of screening, safeguarding,
retaining or enclosing property or delineating property lines.
Fish Habitat
Means the spawning grounds and nursery, rearing, food supply, and migration areas which fish depend
directly or indirectly in order to carry out their life processes.
Flea Market
Means a street market composed of a series of individual retailer's booths or tables where sundry, new or
secondhand articles, fresh produce or preserves are offered for sale.
Floodline or Flood Elevation
Means a line established by a one
in one hundred year storm as
established through flood plain
mapping or by the Ministry of
Natural Resources.
Flooding Hazards
Means the inundation of areas to a
shoreline or a river or stream
system and not ordinarily covered
by water and is described as the
one hundred year flood or major
storm such as the Timmins Storm
(1961) transposed over a specific
watershed.
Figure 3.7
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February 29, 2013
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Flood Plain
Means the area, usually low lands, adjoining a watercourse which has been, or may be subject to flooding
hazards (see Figure 3.7).
Flood Proofing
Means a combination of structural changes and/or adjustments incorporated into the basic design and/or
construction or alteration of individual buildings, structures or properties subject to flooding so as to reduce
or eliminate flood damages.
Floor Area - Gross
Means the total area of each floor measured between the exterior faces of the exterior walls of the building
and where there are no walls the total area of a floor within the outer perimeter of the floor.
Floor Area - Net
Means usable or habitable space above or below grade, measured from the exterior face of the exterior
walls of the building or structure but shall not include:
a)
Any private garage, porch, veranda, and unfinished basement, cellar or attic;
b)
Any part of the building or structure below grade which is used for building services,
storage or laundry facilities; or
c)
Any part of the building or structure used for the storage or parking of motor vehicles.
Forestry Use
Means an area used for the cultivating, management and harvesting of wood and shall include the raising
and cutting of fuel wood, pulpwood, lumber, Christmas trees, other forestry products and silviculture
practices provided any splitting or sale of timber originates solely on the same lot therewith as accessory
uses thereto.
Fortified Building
Means a facility, building or structure or part thereof used, constructed and/or built with fortified elements
or protective elements.
Front Lot Line - see Lot Line, Front
Front Yard - see Yard, Front
Fuel Depot
Means land, building or structures used for the bulk storage, distribution and sale of gasoline, propane,
heating oil or motor oil.
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February 29, 2013
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3.G
Garage - Parking
Means an enclosed structure used for the temporary parking of five or more vehicles and available for
public use either free, for compensation or as an accommodation to customers.
Garage - Private
Means an accessory building or portion of a main building including a carport which is designed or used
for parking or storage of motor vehicles of the occupants of the premises and in which there are no facilities
for repairing or servicing of such vehicles for remuneration or commercial use.
Garden Centre
Means an outdoor area primarily used for the retail of gardening equipment, products and planting
materials.
Garden Suite
Means a one-unit detached residential structure containing sanitary and kitchen facilities that is ancillary to
an existing residential structure and that is designed to be portable.
Gasoline Bar or Gas Bar
Means one or more pump islands, each consisting of one or more gasoline/diesel/biofuel fuel pumps, and a
shelter having a floor area of not more than 10 m2 [107.6 ft2] which shall not be used for the sale of any
product other than liquids and small accessories required for the operation of motor vehicles.
Gasoline Card Lock Facility
Means one or more pump islands designed for the retail sale of gasoline or diesel fuel using pumps which
are operated automatically by credit or debit cards.
Golf Course
Means a public or private area operated for the purpose of playing golf and includes a par 3 golf course, a
driving range, buildings and structures as are necessary for the operation and maintenance of the golf
courses such as a club house, restaurant, banquet hall but does not include a miniature golf course and
similar use operated for commercial purposes.
Green Roof
Means a roof of a building where part of or the entire surface of the roof is intentionally covered with
vegetative material.
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February 29, 2013
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Gross Floor Area - see Floor Area, Gross
Group Home
Means a single housekeeping unit in a residential dwelling, which is registered with the Municipality, in
which three (3) to ten (10) persons (excluding supervisory or operating staff) live together under
responsible supervision consistent with the requirements of its residents for a group living arrangement and
which is licensed and/or approved under Provincial Statutes and in compliance with municipal by-laws.
3.H
Habitable Room
Means a room in a dwelling used or intended to be used primarily for human occupancy.
Hazardous Sites
Means property or lands that could be unsafe for development and site alteration due to naturally
occurring hazards. These may include unstable soils (sensitive marine clays [leda], organic soils) or
unstable bedrock (karst topography).
Helipad
Means a landing area or pad used for the landing and take-off of helicopters as further governed under the
Canadian Aviation Regulation 325 under the Aeronautics Act.
Heliport
Means a landing area or pad used for the landing and take-off of helicopters and shall include all necessary
and incidental emergency services facilities, fuelling facilities and passenger and cargo facilities and as
further set out under the Canadian Aviation Regulation 325 under the Aeronautics Act.
High Water Mark
Means the mark made by the action of water under natural conditions on the shore or bank of a water
body, which action has been so common and usual and so long continued that it has created a difference
between the character of the vegetation or soil on one side of the mark and the character of the vegetation
or soil on the other side of the mark.
Highway
Means an improved public road under the jurisdiction of the Provincial government.
Home for the Aged
Means a nursing or convalescent home for elderly people or a Long Term Care Facility.
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February 29, 2013
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Hobby Farm
Means lands on a lot which has a minimum lot area of 2 ha [4.9 ac] and upon which an agricultural use
building may be erected to house not more than four (4) nutrient units(as defined in the Minimum Distance
Separation (MDS) Formulae Guidelines as amended) which are kept for recreational purposes or for home
consumption by the occupants of the dwelling on the same lot, and which are clearly secondary and
accessory to the permitted residential use.
Home Based Business
Means any privately operated legal occupation, enterprise or business which is carried out as a use clearly
accessory or secondary to the main residential or agricultural use of a property and which is compatible
with the character of surrounding residential buildings or setting and is owned and operated only by a
person or persons residing on the property (see Section 4.16)
3.I
Industrial Uses, Light - Class I Industry
Means a place of business for a small scale, self contained plant or building which produces,
manufactures, assembles or stores a product which has a low probability of fugitive emissions e.g. noise,
odour, dust and vibration. Such industries operate in the daytime only with infrequent movement of
products and /or heavy trucks and no outside storage. Examples include: electronics manufacturing and
repair, high technology industries, furniture repair and refinishing, beverage bottling, package and crafting
services, small scale assembly, auto parts supply.
Industrial Uses - Class II Industry
Means a place of business for medium scale process and manufacturing with outdoor storage of wastes or
materials and where there are periodic or occasional outputs of fugitive emissions e.g. noise, odour, dust
and/or vibration. Shift operations occur and there is frequent movement of products and /or heavy trucks
during daytime hours. Examples include dry cleaning services, printing establishments, paint spray booths,
welding shops, courier and transport services, heavy vehicle repairs, bulk fuel storage, raw product storage
(aggregates, logs/lumber), warehousing, contractors yard.
Industrial Uses, Heavy - Class III
Means a place of business for uses characterized as having emissions such as noise, smoke, odour, fumes
or vibrations or extensive outside storage as part of their normal operations. Such uses include sawmills,
pulp and paper mills, refineries, smelting operations and similar uses which are intended to be secluded
from residential or other sensitive land uses in order to limit and potential adverse effects on the
environment or the surrounding areas and public health.
Institutional Use
Means the use of land, buildings, structures or parts thereof used by any government agency,
organization, group or association, for the promotion of religious, charitable, educational, medical or health
services, benevolent objectives or public service and which is not operated for profit or gain.
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3.K
Kennel
Means a building or structure operated as a commercial use where animals, birds or other livestock
intended or used as domestic household pets or for working or sporting purposes and are kept, bred or
boarded or trained and where medical treatment may be provided and shall include an animal shelter or
pound.
3.L
Landscaped Open Space or Landscaped Strip
Means:
(a)
A combination of trees, shrubs, flowers, grass or other horticultural elements, together with
decorative stonework, paving, screening or other architectural elements, all of which is
designed to enhance the visual amenity of a property and/or to provide a screen to mitigate
any objectionable adjacent land use; and
(b)
Does not include parking areas, traffic aisles or driveways or ramps for vehicles.
Lane
Means a subsidiary public thoroughfare or way which affords a secondary means of access to abutting
property. A lane may serve as the primary access to a property in circumstances where a laneway is the
only possible means of access to a property
Laundromat
Means a building or part thereof where coin-operated laundry machines are made available to the public
for the purpose of laundry cleaning.
Library
Means a building or part thereof where educational material (e.g. books, films, music, audio-visual,
magazines) are made available for public display and are lent to the public.
Licensed Refreshment Sales Vehicle
Means a vehicle which is currently licensed pursuant to the Highway Traffic Act and which is equipped for
the preparation, storage, heating, cooking, cooling or sale of foodstuffs or beverages within or from the
vehicle and may include exterior seating e.g. picnic tables.
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February 29, 2013
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Livestock Facility
Means one or more barns or permanent structures with livestock-occupied portions, intended for keeping
or housing of livestock and which complies with the Minimum Distance Separation Formula II. A livestock
facility also includes all manure or material storage and anaerobic digesters.
Long-Term Care Facility - see Continuum of Care Facility
Lot
Means a parcel of land which is capable of being legally conveyed in accordance with Section 49 of the
Planning Act, R.S.O. 1990 (see Figure 3.8).
Lot Area
Means the total horizontal area measured within the limits of the lot lines of the lot.
Lot, Corner
Means a lot situated at an intersection of two (2) or more streets, or at the intersection of two parts of the
same street which have an interior angle or intersection of not more than one hundred and thirty-five (135)
degrees.
Where such street lines are curved, the angle of intersection of the street lines shall be deemed to be the
angle formed by the intersection of the tangents to the street lines, drawn through the extremities of the
side lot lines. In the latter case, the corner of the lot shall be deemed to be that point on the street line
nearest to the point of intersection of the said tangents (see Figure 3.8).
Lot Coverage
Means the percentage of the lot area covered by the ground floor area of all buildings located on the lot.
Figure 3.8
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February 29, 2013
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Lot Depth
Means the horizontal distance between the front and
rear lot lines. If the front and rear lot lines are not
parallel, "lot depth" means the length of a straight line
joining the middle of the front lot line with the middle of
the rear lot line. If there is no rear lot line, "lot depth"
means the length of a straight line joining the middle of
the front lot line with the apex of the triangle formed by
the side lot lines (see Figure 3.9).
Lot Frontage
Means the horizontal distance between the side lot lines. Where such side lot lines are not parallel, it
shall be the width of a lot measured between the intersections of the side lot lines with a line 7.5 m [24.6 ft]
back from and parallel or concentric to the front lot line. Arc distances shall apply on curved lines (see
Figure 3.9).
Lot, Interior
Means a lot other than a corner or a through lot which has frontage on a public street (see Figure 3.8).
Lot Line
Means a boundary line of a lot (see Figure 3.8 and Figure 3.9).
Lot Line - Exterior Side
Means a lot line located between the front and rear lot lines and dividing the lot from a street (see Figure
3.8).
Lot Line, Front (see Figure 3.8 and Figure 3.9)
Means:
(a)
In the case of an interior lot, the line dividing the lot from the street line;
(b)
In the case of a corner lot, the shorter lot line abutting a street shall be deemed to be the
front lot line;
(c)
In the case of a corner lot with two street lines of equal lengths, the lot line that abuts the
wider street, or abuts a Provincial highway shall be deemed to be in the front lot line, and
in the case of both streets being under the same jurisdiction and of the same width, the lot
line where the principal access to the lot is provided shall be deemed to be the front lot
line;
(d)
In the case of a lot with water access only, the front lot line shall be on the water side. In
the case of a through waterfront lot with water access only, the longest shoreline shall be
deemed to be the front lot line; and
Figure 3.9
Township of Nairn and Hyman Zoning By-law
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February 29, 2013
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(e)
In case of a lot with frontage on a public street or private road and on a water body, the
front lot line shall be measured both on the street line and on the water side.
Lot Line, Interior Side
Means a lot line other than a front, rear or side exterior lot line (see Figure 3.8 and Figure 3.9).
Lot Line, Rear
Means the lot line furthest from, and opposite to, the front lot line (see Figure 3.8 and Figure 3.9).
Lot, Through
Means a lot having a frontage on two parallel or approximately parallel streets (see Figure 3.8).
Lot Width
Means the average horizontal dimension between the two longest opposite sides.
Lumber Yard
Means a lot and accessory buildings or structures where the primary use is the storage of construction
grade wood and building supplies for sale at retail or wholesale.
3.M
Main Building - see Building, Main
Main Wall
Means any exterior wall of a building and all structural members essential to the support of a fully
enclosed space of roof exclusive of permitted projections.
Manure or Material Storage
Means permanent storage, which may or may not be associated with a livestock facility containing liquid
manure (<18% dry matter), solid manure (≥ 18% dry matter), or digestate (< 18% dry matter). Permanent
storages may come in a variety of locations, materials, coverings, elevations, configurations and shapes.
Marina
Means a lot, building, and/or structure on a water body with or without docking facilities where boats and
boat accessories are berthed, constructed, stored, serviced, repaired or kept for sale or rent and where the
facilities for the sale of boat accessories, marine fuels, marine equipment, lubricants, bait as well as the
sale of foods, provisions or supplies as an accessory use may be provided.
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February 29, 2013
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Marine Facility
Means a non-commercial accessory building or structure which is used to moor, berth, or store a boat.
This definition may include a boat launch, a boat lift, marine railway, a float hangar, dock or boathouse,
but does not include any building used for human habitation or a marina. A marine facility shall also include
a water intake facility and any flood or erosion control structure.
Mine Hazard
Means any feature on a mine as defined under the Mining Act or any related disturbance of the ground that
has not been rehabilitated.
Mineral Aggregate Operation
Means:
(a)
Lands under license or permit, other than for wayside pits and quarries, issued in accordance with
the Aggregate Resources Act, or successors thereto;
(b)
Associated facilities used in extraction, transport, beneficiation, processing or recycling of mineral
aggregate resources and derived products such as asphalt and concrete, or the production of
secondary related products.
Mineral Deposits
Means areas of identified minerals that have sufficient quantity and quality based on specific geological
evidence to warrant present and future extraction.
Mineral Mining Operation
Means a mining operation and associated facilities, or, a past producing mine with remaining mineral
development potential that has not been permanently rehabilitated to another use.
Miniature Golf Course
Means an area of land, building or structure or premises or part thereof operated for profit or gain as a
commercial place of amusement in which facilities are provided to stimulate the game of golf or any aspect
of the game on a small scale, but does not include a golf ball driving range.
Minimum Distance Separation Formulae I and II
Means formulae developed by the Province to separate uses so as to reduce incompatibility concerns
about odour from livestock facilities.
Mobile Home
Means any dwelling that is designed to be made mobile, and constructed or manufactured to provide a
permanent residence for one or more persons, but does not include a travel trailer or tent trailer or trailer
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otherwise designed. All mobile homes shall comply with the Canadian Standards Association Standards
No. Z240 (see also Recreational Vehicle).
Mobile Home Park
Means land which has been provided and designed for the location thereon of two (2) or more occupied
mobile homes.
Modular Home
Means a single detached dwelling consisting of two or more modules which has been prefabricated or
manufactured in a factory remote from the site where it is intended to be used and transported to the site
for installation on a permanent foundation, but does not include a Mobile Home or a Park Model Trailer as
otherwise defined.
Motel
Means a building or buildings designed or used for the accommodation of the travelling or vacationing
public, containing therein three (3) or more guest rooms, each guest room having a separate entrance
directly from outside and may include an accessory eating establishment.
Municipality
Means the Municipality of the Township of Nairn and Hyman.
3.N
Natural Heritage Features and Areas
Means features and areas, including significant wetlands, fish habitat, significant habitat of endangered and
threatened species, significant wildlife habitat and significant areas of natural and scientific interest, which
are important for their environmental and social values as a legacy of the natural landscapes of an area.
Negative Impacts
Means:
(a)
In regard to fish habitat, the harmful alteration, disruption or destruction of fish habitat,
except where it has been authorized under the Fisheries Act, using the guiding principle of
no net loss of productive capacity; and
(b)
In regard to water, degradation to the quality and quantity of water, sensitive surface water
features and sensitive ground water features, and their related hydrologic functions, due to
single, multiple or successive development or site alteration activities; and
(c)
In regard to other natural heritage features and areas, degradation that threatens the
health and integrity of the natural features or ecological functions for which an area is
identified due to single, multiple or successive development or site alteration activities.
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February 29, 2013
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Net Floor Area - see Floor Area, Net
Non-Complying
Means any building, structure or lot existing prior to the passing of this By-law which does not comply
with one or more zone requirements and standards of this By-law (see also Non-Conforming).
Non-Conforming
Means any use of a building, structure or lot existing prior to the passing of this By-law, which does not
conform with the permitted use provisions of the Zone in this By-law in which the use, building, structure
or lot is located (see also Non-Complying).
Nursery
Means land and structures used for the growing of sod, flowers, bushes, trees, or other gardening,
landscaping, or orchard stock for wholesale or retail sale. (See also Commercial Greenhouse)
Nursing Home, Home for the Aged, or a Long Term Care Facility - See Continuum-of-Care Facility
Nutrient Unit
An amount of nutrients that give a fertilizer replacement value of hte lower of 43 kilograms of nitrogen, or 55
kilograms of phosphate as nutrient (as defined in Ontario Regulation 267/03 made under the Nutrient
Management Act, 2002).
3.O
Occupancy Permit
Means a permit issued under the authority of the Planning Act by the Chief Building Official which indicates
that the proposed use of land or any building or structure on any such land is in conformity with this
By-law.
Official Plan
Means the Official Plan of the Township of Nairn & Hyman Planning Area or parts thereof and amendments
thereto.
Office
Means a building, structure or part thereof used for the purpose of providing accommodation for the
performance and transaction of business including administrative, clerical and professional activities.
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February 29, 2013
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Open Space
Means the open, unobstructed space on a lot including landscaped areas, pedestrian walkways, patios,
pools or similar areas but not including any driveway, ramp, parking spaces or aisles, loading spaces or
manoeuvring areas and similar areas.
Outside Storage
Means the storage or display of goods, merchandise or equipment outside of a building or structure on a
lot or portion thereof. This definition shall not include the open storage of goods or equipment incidental to
a residential occupancy of a lot, a parking area or parking space or the outdoor display of a limited
number of samples of goods, merchandise or equipment for the purpose of sales and advertisement.
Organic Soils
Means soils normally formed in a water saturated environment (e.g. wetland) where the soil is not exposed
to the air for a sufficient enough time to permit the break down of vegetative material. As a result, these
soils may not contain sufficient strength to support a building or structure (see also Hazardous Sites).
3.P
Park
Means an area of land, whether enclosed or not, maintained by the Municipality or other public authority for
the enjoyment, health and well-being of people and open to the public with or without charge and, for the
purposes of this definition, includes a Provincial Park with tourist campground facilities.
Park - Private (see Recreational Commercial Establishment)
Park Model Trailer (see Dwelling - Park Model Trailer)
Parking Aisle
Means a portion of a private parking area, or a commercial parking lot, or a private or a commercial
parking structure which abuts a parking space on one or more sides and which provides access from the
parking space to a street or lane and which is not used for vehicular parking.
Parking Area
Means a lot or portion thereof required in accordance with the provisions of this By-law for the temporary
storage or parking of motor vehicles accessory or incidental to uses in all zones, and shall not include the
storage or parking of four (4) or more motor vehicles for hire and gain, display or for sale.
Parking Lot - Commercial
Means a lot or portion thereof used for the temporary storage or parking of four (4) or more vehicles for hire
and gain but does not include the sale of new or used vehicles or the storing of impounded or wrecked
vehicles.
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February 29, 2013
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Parking Space
Means an area used for the temporary parking of one motor vehicle and includes spaces for the
handicapped.
Person
Shall include an individual, an association, a chartered organization, a firm, a partnership, a corporation, an
agent or trustee and the heirs, executors or other legal representatives of a person to whom the context
can apply according to law.
Personal Service Establishment
Means an establishment wherein a personal service is performed. This definition may include a barber
shop, beauty salon, shoe repair, photographic store, laundromat or a dry cleaning distribution station or a
similar use.
Pit
Means land or land under water from which aggregate as defined herein is being or has been excavated in
order to supply material for construction, manufacturing or industrial purposes, but shall not include
rehabilitated land or an excavation incidental to the erection of a building or a structure for which a
building permit has been granted by the Corporation, or an excavation incidental to the construction of any
public works.
Place of Amusement
Means an establishment operated for commercial gain or profit wherein amusement facilities are provided
such as a video arcade or arcade, billiard or pool room, pinball machines and video games but does not
include an adult entertainment parlour, casino or bingo hall. (See also Bingo Hall)
Place of Assembly
Means a building specifically set aside for and primarily engaged in the operation of arts and craft shows,
trade fairs, fashion show, public meetings, banquets, conference meetings and similar activities.
Place of Worship
Means a building or an open area dedicated to religious worship.
Playground
Means a park or part thereof which is equipped with active recreational facilities oriented to children.
Porch or Verandah
Means a covered entrance to a building usually with a separate roof and unenclosed and is used as an
outdoor living space.
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February 29, 2013
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Portable Asphalt/Concrete Plant
Means a facility:
(a)
With equipment designed to heat and dry aggregate and to mix aggregate with bituminous
asphalt to produce asphalt paving material and/or to mix cementing materials, aggregate,
water and admixtures to produce concrete, and includes stockpiling and storage of bulk
materials used in the process; and
(b)
Which is not of permanent construction but which is to be dismantled and moved to
another location as required.
Private Club
Means a building or part of a building used as a meeting place by an association of persons who are
bona fide members, which owns, hires or leases the building or part thereof, the use of such premises
being restricted to members and their guests for social, cultural, recreational, business or athletic purposes
but does not include a fortified building.
Private Road
Means a private right-of-way over private property which affords access to at least two (2) abutting lots and
which is not maintained by a Public Authority.
Produce Grading Station or Storage Facility
Shall mean the use of land and or buildings or structures for the storing or grading of farm produce such
as grains, eggs, fruits and vegetables.
Public Access Point
Means public land designated by the appropriate authority and developed and maintained by the authority
as a public access to a navigable water body (see also Marine Facility).
Public Authority
Means the Township of Nairn and Hyman and any Boards or Commissions thereof and any Ministry or
Department of the Governments of Ontario or Canada, or other similarly recognized public utility or
agencies established or exercising any power or authority under any special or general statute and includes
any committee or local authority established by By-law of Council.
Public Street
Means a public or common highway affording principal means of access to abutting properties which has
been assumed by a public authority.
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Nairn and Hyman Zoning By-law
February 29, 2013
File P-2155
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Public Service Use
Means a building, structure or lot used for public services by the Township of Nairn and Hyman and any
Boards or Commissions thereof, and any Ministry or Commission of the Governments of Ontario and
Canada, any telephone, telegraph or railway company, any company supplying natural gas, Ontario Hydro
Networks, Ontario Power Corporation any Conservation Authority, Public Utilities Company or similarly
recognized agencies.
Public Utility
Means a water works or water supply system, sewage works, electrical power or energy generating
transmission or distribution system, street lighting system, natural or artificial gas works or supply system, a
transportation system or a telephone system, scientific research system, and includes any lands, buildings
or equipment required for the administration or operation of any such system and which is operated by a
public authority or a publicly governed company.
3.Q
Quarry
Means any licensed open excavation made for the removal aggregate (as defined), but shall not include an
excavation incidental to the erection of a building or structure for which a building permit has been granted
by the Corporation, or an excavation incidental to the construction of any public works.
3.R
Rear Lot Line - see Lot Line, Rear
Rear Yard - see Yard, Rear
Recreational Commercial Establishment
Means an establishment, premises, or building where any recreational, social or cultural uses are operated
commercially for profit on lands in private ownership, such as health clubs, golf courses, open or enclosed
skating or curling rinks, open or enclosed pools, open or enclosed badminton or tennis courts, squash
courts, bowling alleys, gymnasia, band shell or open theatre, and other similar uses but does not include a
casino or bingo hall.
Recreational Vehicle
Shall mean any vehicle so constructed that is suitable for being attached to a motor vehicle for the purpose
of being drawn or is self-propelled, and is capable of being used on a short term basis for living, sleeping or
eating accommodation of persons. The term recreational vehicle includes the following: motor homes,
travel trailers, tent trailers, campers, motor homes but does not include recreational equipment such as
boats, snowmobiles, personal water craft, all terrain vehicles or other equipment used for recreational
purposes.
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Nairn and Hyman Zoning By-law
February 29, 2013
File P-2155
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Recreational Vehicle Sales and Storage and Repair
Means a building and/or lot which is used for the repair, display, storage and/or sale of boats, trailers,
campers, snowmobiles and other recreational vehicles or recreational equipment.
Recycling Depot or Transfer Station
Means a special waste management facility which serves as a temporary storage site for clean materials
such as glass, paper, cardboard, plastic, metal and other similar products which will be transferred to
another location for reuse. This definition does not include any other type of waste management system.
(See also Waste Management Facility)
Redevelopment
Means the removal or rehabilitation of buildings or structures and the construction, reconstruction or
erection of other buildings or structures in their place.
Restaurant
Means a building or structure where food is prepared and offered for sale to the public for consumption
within or outside the building or structure or off the premises.
Retail Store
Means a building wherein goods, wares, merchandise, substances or articles are offered for sale to the
general public, and may include the limited storage and display of goods, wares, merchandise, substances
or articles, and shall not include any other use defined herein.
Road (See Public Street)
3.S
Salvage Yard
Means a lot and/or building or portion thereof where used goods, wares, merchandise, articles, motor
vehicles, machinery or parts thereof are processed or sold for further use, dismantled or abandoned. This
definition may include a junk yard, a scrap metal yard, a recycling depot and an automobile wrecking yard
on the premises.
Sauna
Means an accessory building or structure wherein facilities are provided for the purpose of a steam bath
and may include a change room and shower and may be constructed as part of a boat house.
Sawmill or Planing Mill
Means a building, structure or area where timber is cut or sawed, either to finished lumber or as an
intermediary step.
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February 29, 2013
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School
Means an institutional facility for education or instruction as defined in the Education Act or the Ministry of
Training Colleges and Universities Act.
School, Private
Means an educational establishment, other than a School, wherein teaching or instruction is offered for
gain in such fields as academics, dancing, music, art, sports, business or trade, and any other such
specialized school conducted for gain, and also includes such fields as a studio for photography and arts
and crafts.
Seating Capacity
Means the number of persons which can be accommodated in a building or structure or part thereof in a
seated position on chairs, benches, forms or pews.
Self-Storage Facility
Means a commercial building or part of a building wherein general merchandise, vehicles, furniture and
household goods are all stored in separate, secured storage areas or lockers which are generally
accessible by means of individual loading doors.
Semi-Detached Dwelling - See Dwelling, Semi-Detached
Sensitive Land Use
Means buildings, amenity areas or outdoor spaces where routine or normal activities occurring as
reasonably expected times would experience one or more adverse effects from contaminant discharges
generated by a nearby facilities and includes a dwelling, day care centre, an educational or health facility.
Septage or Communal Disposal System
Means a pond or system used to store or treat sewage from septic or communal sewage disposal systems.
Service Outlet
Shall mean a building whether in conjunction with a retail store or not, used for the repair or servicing of
goods, commodities, articles or materials, but not the manufacturing thereof. Automotive repairs and
services are not permitted under this definition.
Setback
Shall mean:
(a)
With reference to a road or street, the least horizontal distance between the front lot line
and the nearest building line.
(b)
With reference to a water body, the least horizontal distance between the high water
mark of the water body and the nearest building line.
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(c)
With reference to a building,
structure or land use and not
applicable under paragraph (a)
or (b), shall mean the least
horizontal distance from the
building, structure or land use
in question.
(d)
With reference to a private road,
the least horizontal distance
between the shoulder of the
travelled portion of the road and
any building or structure, or the
limit of the road as shown and
measured on a survey.
Sewage and Water Systems
a)
Full Municipal Sewage and Water Services:
Means piped sewage and water services that are connected to a centralized water and
waste water treatment facility.
b)
Communal Services
Means sewage works and sewage systems and water works that provide for the
distribution, collection or treatment of sewage or water but which:
-
Are not connected to full municipal sewage and water services;
-
Are for the common use of more than five residential units/lots; and
-
Are owned, operated, and managed by a municipality or, another public body, or
-
A condominium corporation or single owner which has entered into an agreement
with the municipality or public body, pursuant to Section 51 of the Planning Act,
providing for municipal/public body assumption of the communal services in the
event of default by the owner.
c)
Individual On-Site Systems
Means individual autonomous water supply and sewage disposal systems, that are owned,
operated and managed by the owner of the property upon which the system is located, and
which do not serve more than five residential units/lots.
d)
Partial Services
Means connection to one communal service or full municipal service where the other
connection will be to an individual on-site system.
Figure 3.10
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Nairn and Hyman Zoning By-law
February 29, 2013
File P-2155
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Shooting Range or Rifle Club
Means land, buildings, structures or premises used for recreational target and/or commercial practice,
skeet shooting, gun or hunter safety instruction and is operated by a club or organization or individual.
Shoreline
Means a lot line or portion thereof which abuts or parallels the high water mark of a water body or
wetland (see also High Water Mark).
Shoreline Structure
Means a boat house (wet or dry), a float plane hangar, a sauna or steam bath, a dock or wharf, a gazebo,
a utility or storage shed or a viewing deck.
Side Lot Line - see Lot Line, Side Exterior and Lot Line, Side Interior
Side Yard - see Yard, Side,Yard, Side Interior and Yard, Side Exterior
Sight Triangle
Means a triangular space, free of buildings, structures and obstructions, formed by the street lines
abutting a corner lot and a third line drawn from a point on a street line to another point on a street line,
each such point being the required sight distance from the point of intersection of the street lines as
specified in this by-law (see Figure 3.10).
Single-Detached Dwelling - see Dwelling, Single Detached
Sign
Shall mean any writing, letter work or numeral, any pictorial representation, illustration, drawing, image or
decoration, any emblem, logo, symbol or trademark or any device with similar characteristics which:
(a)
Is a structure, or part of a structure, or which is attached thereto or mounted thereon; and
(b)
Which is used to advertise, inform, announce, claim, give publicity or attract attention.
Site Alteration
Means activities, such as grading, excavation and the placement of fill that would change the landform and
natural vegetative characteristics of a site. Site alteration does not include underground or surface mining
of minerals or advanced exploration on mining lands in significant areas of mineral potential in Ecoregion
5E, where advanced exploration has the same meaning as in the Mining Act.
Skateboard Park
Mean a building or structure or part thereof or an area of land occupied by structures used in
skateboarding, roller skating, roller blading, BMX riding or other similar activities, such structures including
ramps, half-pipes, rails, etc. A skateboard park may be part of a park.
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February 29, 2013
File P-2155
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Sleep Cabin
Means an accessory building or structure, not exceeding 37 m² (400 ft.²) in gross floor area, located on
the same lot as the principal building or structure, the accessory use being for sleeping accommodation in
which cooking facilities shall not be provided but may contain sanitary facilities.
Storey
Means that portion of a building other than a basement or cellar included between the surface of any
floor and the surface of the floor, roof deck, ceiling or roof immediately above it.
Street - see Public Street or Private Road
Street Allowance
Shall have a corresponding meaning to that of Public Street or Private Road.
Street Line
Means the limit of the road or street allowance and is the dividing line between a lot and a Public Street
or Private Road.
Structure
Means anything constructed or erected, the use of which requires location on the ground or attached to
something having location on the ground and, without limiting the generality of the foregoing, includes a
recreational vehicle and a sewage disposal system but does not include a fence, hedge or free standing
wall.
Studio
Means a building or part thereof used,
(a)
as the workplace of a photographer, artist, or artisan or
(b)
for the instruction of art, music, languages or similar disciplines.
Swimming Pool
Means an open or covered pool used for swimming, wading, diving or recreational bathing which is at least
50 cm (19.6 inches) in depth, and may include a hot tub or whirlpool.
3.T
Tailings Management Area
Means areas, lands, buildings, or structures which have been used for mining in the past and which are
hazardous due to effluent from past mining activities. A tailings management area may include engineered
structures designed to control water and tailings.
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February 29, 2013
File P-2155
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Tavern or Road House
Means an establishment within the meaning of and licensed under the Liquor Licence Act but shall not
include an establishment where entertainment or services are provided which appeal or are designed to
appeal to erotic or sexual appetites or inclinations.
Temporary Living Quarters
Means a recreational vehicle, mobile home, camper trailer or similar vehicle or shelter, utilized as living
quarters on a short term basis only and occupied by a contractor or householder while a permanent
residence or a non-residential building is being constructed on the same lot, such temporary use being
valid only for the life of the building permit for the permanent structure as determined by the Building
Official.
Through Lot - see Lot, Through
Tourist Establishment
Means premises or buildings to be used for the purpose of sleeping accommodation on a temporary basis
by tourists or vacationers, including a motel, lodge or bed and breakfast, and rental cottage or cabin
where more than 3 such rental units occupy the same property, including accessory uses such as dining,
meeting and beverage rooms and similar uses.
Tourist Outfitters Establishment
Means an establishment which operates throughout all or part of a year which may or may not furnish
overnight accommodation and facilities for serving meals and furnishes equipment, supplies or services to
persons in connection with angling, hunting, camping or other similar recreational purposes.
Township
Means the Corporation of the Township of Nairn and Hyman.
Trailer (see Recreational Vehicle)
Transportation Depot
Means land, or a structure or a building where commercial vehicles are kept for hire, rental and/or lease,
or stored and/or parked for remuneration and/or from which such vehicles are dispatched for hire as
common carriers and where such land, structure or building may be used for the storage and/or
distribution of goods, wares, and merchandise.
Transfer Station (See Recycling Depot)
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Nairn and Hyman Zoning By-law
February 29, 2013
File P-2155
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3.U
Use
Means the purpose for which a lot or a building or a structure is designed, arranged, occupied or
maintained.
3.V
Vehicle
Means an automobile, commercial vehicle, truck, recreational vehicle,, traction engine, farm tractor, road-
building machine, bicycle and any vehicle drawn, propelled or driven by any kind of power, including
muscular power, but does not include a snowmobile or a street car.
Veterinary Establishment
Means a building or part of a building used by a veterinary surgeon where animals, birds or other livestock
are treated and where domestic animals and/or birds may be kept for treatment and may include a kennel.
Video Rental Outlet
Means a building or part of a building wherein the primary use is the rental of video tapes and may
include the rental of DVDs, blue-ray discs, video cassette recorders, video cameras and video games. (See
also Adult Video Rental Outlet).
3.W
Warehouse
Means a building or structure or portion thereof used or intended to be used for the bulk storage of
goods, merchandise, or material.
Waste Management Facility
Means a site which is licensed or approved by the Ministry of the Environment and/or its agents where
garbage, refuse, domestic or industrial waste, excluding radioactive or toxic chemical wastes is disposed of
or dumped. This definition shall include waste transfer stations, processing sites and recycling depots,
compost sites, hauled sewage or sewage disposal sites and sewage lagoons.
Water Access Only Lot
Means a lot that is accessed by a navigable water body.
Water Body
Means any bay, lake, river, natural watercourse or canal but excluding a drainage or irrigation channel.
Township of Nairn and Hyman Zoning By-law
Nairn and Hyman Zoning By-law
February 29, 2013
File P-2155
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Water Frontage
Means a lot which has one or more lot lines abutting a navigable watercourse, bay or lake.
Wayside Pit
Means land from which unconsolidated aggregate is removed by means of open excavation for use in a
public undertaking.
Wayside Quarry
Means a place from which consolidated aggregate is removed by means of open excavation for use in a
public undertaking.
Well Drilling Establishment
Shall mean the use of land and or buildings or structures used for the purposes of providing a well-drilling
service.
Wetland
Means lands that are seasonally or permanently covered by shallow water, as well as lands where the
water table is close to or at the surface. In either case the presence of abundant water has caused the
formation of hydric soils and has favoured the dominance of either hydrophytic or water tolerant plants. The
four major types of wetlands are swamps, marshes, bogs and fens.
Lands being used for agricultural purposes, that are periodically "soaked" or "wet", or which no longer
exhibit wetland characteristics are not considered to be wetlands for the purposes of this definition.
Wildlife Habitat
Means areas where plants, animals and other organisms live, and find adequate amounts of food, water
shelter and space needed to sustain their populations. Specific wildlife habitats of concern may include
areas where species concentrate at a vulnerable point in their annual life cycle; and areas which are
important to migratory or non-migratory species.
Workshop or Custom Workshop
Means a building, structure or part thereof where manufacturing is performed by a tradesman, requiring
manual or mechanical skills and may include a carpenter's shop, a locksmith's shop, a gunsmith's shop, a
tinsmith's shop, a commercial welder's shop or similar uses.
Wrecking Yard (see Salvage Yard)
Township of Nairn and Hyman Zoning By-law
Nairn and Hyman Zoning By-law
February 29, 2013
File P-2155
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Approved by OMB, August 29, 2013
3.Y
Yard
Means the area between a main wall of a building and a lot line that, except for landscaping or accessory
buildings and projections specifically permitted elsewhere in this by-law, is unobstructed above grade.
(See Figure 3.11).
Yard, Front
Means a yard extending across the full width of the lot between the front lot line and a line drawn parallel
or concentric thereto and through the point of the main wall of a main building closest to the front lot line.
Yard, Rear
Means a yard extending across the full width of the lot between the rear lot line and a line drawn parallel
or concentric thereto and through the point of the main wall of the main building closest to the rear lot
line. Where there is no rear lot line, the Yard, Rear shall be measured from the intersection of the side lot
lines to the closest point of the main wall of the main building.
Yard, Side
Means a yard extending from the front yard to the rear yard between the side lot line and a line drawn
parallel or concentric thereto and through the point of the main wall of a building closest to the side lot
line.
Yard, Side Exterior
Means a side yard adjacent to a public street (see Figure 3.11).
Township of Nairn and Hyman Zoning By-law
Nairn and Hyman Zoning By-law
February 29, 2013
File P-2155
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Approved by OMB, August 29, 2013
Yard, Side
Means a yard extending from the front yard to the rear yard between the side lot line and a line drawn
parallel or concentric thereto and through the point of the main wall of a building closest to the side lot
line.
Yard, Side Exterior
Means a side yard adjacent to a public street (see Figure 3.11).
Yard, Side - Interior
Means a side yard other than an exterior side yard (see Figure 3.11).
3.Z
Zone
Means a designated area of land use demarcated on the Schedules attached hereto.
Figure 3.11
Township of Nairn and Hyman Zoning By-law
Nairn and Hyman Zoning By-law
February 29, 2013
File P-2155
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Approved by OMB, August 29, 2013
Figure 3.12
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4.0 GENERAL PROVISIONS
Explanatory Note
The General Provisions section of the By-law states the regulations which apply
regardless of the specific zoning (Section 5). Whereas the zones provide site
specific controls corresponding to such items as permitted uses and locational
restrictions, the General Provisions provide regulations more general in nature,
applying to a variety of uses regardless of zoning.
4.1
Accessory Buildings, Structures and Uses
4.1.1 Where a lot is devoted to a permitted use, customary accessory uses, buildings and structures
are permitted provided that: (see Figure 3.1)
(a)
All accessory uses, buildings and structures to a permitted main use or main building
shall be located on the same lot and in the same zone as the main use;
(b)
The use of any accessory building or structure for human habitation is not permitted
except where specified in this By-law;
(c)
No accessory use, building or structure shall be erected closer to the front lot line or
the exterior side lot line than the minimum front yard and exterior side yard setbacks
required for the main building;
(d)
Any building or structure which is attached to the main building shall not be considered
an accessory building or structure;
(e)
Except where specified otherwise, no accessory building or structure shall be erected
closer than 1.5 m [4.92 ft] to any interior side lot line, rear lot line or the main building.
This provision shall be exempted:
i)
For lots with water frontage subject to the provisions of the Rural Residential (R3)
Zone and to Section 4.1.1(g);
ii)
For a shelter for use by children waiting for a school bus, if such is located in a rural
zone; and
iii)
For any farm produce outlet having a gross floor area of less than 9.3 m3 [100
ft2], if such use is located in a rural zone.
(f)
Accessory uses, excluding open swimming pools, shall not cover more then 5 % of the
lot area in any zone nor more than 45% of any rear yard nor shall any accessory
building exceed a gross floor area of 125 m2 [1,345.5 ft2]. This shall be calculated as part
of the maximum lot coverage permitted in any zone; and
(g)
Despite Section 4.1.1 (c) above, a boat house, dock or wharf may be located in the front
yard, side yard or rear yard where a lot abuts a navigable waterway, provided that the
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approval of any governmental authority having jurisdiction has been obtained and provided
that the boat house, dock or wharf is located not closer than 5.0 m [ to the nearest adjacent
lot line and does not encroach on adjacent frontage when the lot boundaries are extended
into the water (see Figure 4.1).
Figure 4.1
(h)
Accessory uses, buildings and structures shall not be erected or established prior to
the erection or establishment of the main building or use, except (see Section 4.34):
(i)
Where it is necessary for the storage of tools and materials in connection with the
construction of the main use, building or structure; and
(ii)
Where a new main use, building or structure is to be erected or established on a
lot thereby making the existing main use, building or structure the accessory
use, building or structure upon erection or establishment of the new main use,
building or structure;
(Note: See individual zones for the types of permitted accessory uses, buildings or structures,
maximum height and setbacks in addition to any provisions set out above.)
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4.1.2 Private swimming pools, both above-ground and in-ground both open and covered, shall be
permitted subject to any By-law of the Township regarding swimming pools and the following
requirements:
(a)
Open Pools
i)
Open Pool areas shall be totally enclosed by a fence with a self-latching gate
constructed of suitable materials, having a minimum height of 1.5 m [5.0 ft] with a self-
locking gate.
ii)
Where a pool is an above-ground pool, any combination of the pool wall, surrounding
fence or structure totalling a minimum of 1.2 m [4.0 ft] in height shall be deemed to
meet the fencing requirements.
iii)
The maximum height of an above-ground pool shall not be more than 2 m [6.56 ft]
above grade.
iv)
Any building or structure, other than a dwelling, required for changing clothing or
pumping, filtering or storage or any similar purposes shall comply with the provisions
respecting accessory uses and structures.
v)
No part of an Open Pool including an associated apron or platform which is in a front
or side yard shall be constructed closer to a street line than the requirements for a
main building in the zone within which it is located nor closer to the lot line in a rear
yard than the minimum distance required for an accessory use or structure.
(b)
Covered Pools
Covered pools shall conform with the accessory building requirements contained in
subsection 4.1.1.
4.2
Auto Service Station, Gasoline Bar, Car Washing Establishment
Despite any other provisions contained in this By-law, for all zones within which an auto service
station, gasoline bar, and/or car washing establishment is permitted the following shall apply:
(a)
Gasoline Pump Island Location
The minimum distance between the gasoline pump island, pumps and their related
overhead canopies and any pump shall be 5 m [16.4 ft] from any lot and street line.
(b)
Separation of Propane Tanks and Pumps
Where auto service stations and gasoline bars are permitted in this By-Law, such uses
shall be subject to the requirements of the Gasoline Handling Act, the Ontario Propane
Code or both as they respectively apply. This shall be in addition to the requirements the
municipality may require for site plan control under Section 41 of the Planning Act.
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(c)
The width of any entrance or exit combined entrance or exit measured at the front lot line
or exterior side lot line shall not be greater than 9 m [29.5 ft] and there shall not be more
than 2 accesses from any one street which adjoins the lot. The widths of entrances from
Highway 17 may vary provided that they are in accordance with the requirements of the
Ministry of Transportation.
(d)
The minimum distance of any access from a street intersection shall be 12 m [39.4 ft] and
the minimum distance between accesses shall be 9 m [29.5 ft].
4.3
Buildings to be Moved
No building or structure shall be moved within the limits of the Township or shall be moved from
outside the Township into the Township unless the building or structure is a permitted use and
satisfies all the requirements of the zone in which it is to be located and then only after a permit
has been obtained from the Chief Building Official.
(Note: applicants may also require a special vehicle permit from MTO or Township for an over-
dimensional load (width, height, length, weight) or a relocation permit prior to any move.)
4.4
Camp (Fish Camp or Hunt Camp)
A permitted camp may be located on any lot of record provided such building is set back a
minimum of 500 m [1,640.4 ft] from any existing residential dwelling unit. No minimum lot area or
frontage requirements shall apply to a permitted camp.
4.5
Change of Use
A use of lot, building or structure which, under the provisions hereof is not permissible within the
zone in which such lot, building or structure is located, shall not be changed except to a use
which is permissible within such zone.
4.6
Cumulative Standards
Despite anything contained in this By-law, where any land, building or structure is used for more
than one purpose, all provisions of this By-law relating to each use shall be complied with.
4.7
Day Nurseries
Private home day nurseries are permitted in all zones where residential uses are permitted as a
principal use. Such day nurseries shall comply with the provisions of the Day Nurseries Act.
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4.8
Environmental Design Requirements for Shoreline Properties
For shoreline properties adjacent to lakes and rivers within the municipality, the following
environmental design requirements shall apply to new development:
(a)
Existing natural vegetation (native species) shall be retained as a natural vegetation buffer
strip of vegetation as deep as is reasonable and practical along the shoreline, and in no
case less than 30 m [98.4 ft] in depth from the shoreline. The cutting or removal of trees,
shrubs or ground cover will be discouraged within the natural vegetation buffer except for
the removal of dead or diseased trees, debris or noxious plants or where a corridor is
required for access between the dwelling and shoreline. The municipality may require that
a professional competent in shoreline landscaping be engaged to prepare a shoreline
vegetation management plan suitable for conserving and sustaining the natural
environment;
(b)
Up to 25% of the buffer strip along the shoreline may be interrupted to provide a water
access point for stairs, walkways or docks;
(c)
Passive, low impact structures such as a gazebo, television tower, satellite dish, sauna,
storage shed where above the flood elevation, or similar structures shall be permitted to
be constructed or set back behind the natural shoreline vegetation buffer strip within the
required shoreline setback (between the high water mark and the building line of the
main building);
(d)
A dock shall be permitted as an accessory structure, provided it is constructed with
environmentally friendly (e.g., non-toxic) materials and provided it is either a cantilever,
floating or post dock, but not a solid dock (see Figure 3.4);
(e)
Shoreline structures such as retaining walls, sheet metal pilings, gabians (rip-rap) or
groynes shall not be permitted except where required for erosion control or conservation
purposes and only where such structures have been designed or recommended by a
professional in the field of environmental design;
(f)
Remediation or rehabilitation of shoreline features (e.g., stabilizing eroded or de-vegetated
slopes or river banks, selective cutting, planting or thinning to improve vegetation or fish
habitat) shall be permitted under the guidance of a professional or public body;
(g)
Existing sewage disposal systems which are located within a defined flood plain may only
be repaired or replaced where damaged or destroyed by flooding, if they are repaired or
reconstructed using approved flood proofing techniques. Sewage disposal systems which
are replaced, other than as a result of damage or destruction by flooding, (e.g. voluntarily)
shall be relocated outside of the defined flood plain. Sewage disposal systems which fail
for other reasons shall be repaired or reconstructed in accordance with the Ontario Water
Resources Act; and
(h)
Where storm drainage is discharged with an outlet into a lake or river, erosion protection
shall be provided around the outlet. Site grading shall be carried out so as to collect
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surface runoff and retain phosphorous laden stormwater on site e.g. through the use of
sediment traps or settling ponds.
(Note: these provisions are in addition to any controls that may be imposed under site plan control.)
4.9
Established Building Line in Built-Up Area
Despite the yard and setback provisions of this By-Law to the contrary, where a permitted
building or structure is to be erected on a lot in Nairn Centre, where there is an established
building line, such permitted building or structure may be erected closer to the centre line of the
road than required by this By-Law provided such permitted building or structure is not erected
closer to the centre line of that road than the established building line on the date of the passing of
this By-Law or 14 m [45.9 ft] whichever is greater. (See Figure 4.2) The established building line for
Highway 17 shall be established by the Ministry of Transportation.
4.10 Exception Zone
Where a zone symbol is followed by the suffix "-X" this shall mean that a specific exception is being
made to one or more of the standards of that zone for a specific area governed by the By-law. All
other provisions of the By-law shall continue to apply.
A number after the "-X" (e.g. R-X1) indicates the order of the various exception zones.
Figure 4.2
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4.11 Fences
Any fence erected hereafter within the municipality shall conform to the provisions of any Fence
By-Law as may from time-to-time be enacted under the Municipal Act or the provisions of the Line
Fences Act.
4.12 Flood Plain, Fill and Construction Requirements
The following provisions shall apply to areas located below any engineered or photo interpreted
flood line or as determined by the agency having jurisdiction.
4.12.1 No person shall use any land or erect, alter or use any building or structure in the Flood Plain
except as provided for in Section 4.12.2 of this By-law. For the purposes of this By-law, the flood
plain shall include all lands below the 262.98 m [862.79 ft] elevation above sea level on Agnew
lake (Spanish River) west of Red Pine Point or a setback of 30 m [98.4 ft] for any other water
body unless otherwise determined by the Ministry of Natural Resources.
4.12.2 Permitted Uses
Permitted uses in the flood plain include:
(a)
Buildings or Structures Intended for Flood or Erosion Control or Slope Stabilization;
(b)
All Buildings and Structures in Existence on the Day of the Passing of this By-law;
(c)
Conservation Uses;
(d)
Forestry Uses;
(e)
Parks without Buildings or Structures;
(f)
Hydro-electric generating facilities; and
(g)
Marine Facilities
4.12.3
Prohibited Uses
Prohibited uses on the flood plain include:
(a)
An institutional use;
(b)
Any essential emergency service such as those provided by fire, police and ambulance
stations and electrical substations which would be impaired during an emergency as a
result of flooding, the failure of flood proofing measures and/or protection works and/or
erosion; and
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(c)
Any building, structure or use which involves the disposal, manufacture, treatment or
storage of hazardous substances defined as materials that are ignitable, corrosive,
reactive, radioactive or pathological and would normally pose a danger to public health,
safety and the environment.
NOTE: See, Section 4.20 Minimum Distance Separationand Special Setbacks for
setback requirements from water bodies.
4.13 Frontage on a Public Street or Private Road
4.13.1 No person shall erect any building or structure in any zone unless the lot upon which such
building or structure is to be erected has sufficient lot frontage on a public street or private
road as per the requirements of the respective zone within which the lot is situated except:
(a)
For any permitted use on an island or other water access only lot provided a public access
point is available on the mainland of the same water body (or another water body with a
navigable connection to the subject water body), and where the arrangement for parking
has been secured through a legal agreement;
(b)
A camp;
(c)
A resource related use on Crown Land;
(d)
A communications facility;
(e)
A public utility;
(f)
A wayside pit or quarry;
(g)
Any passive outdoor recreational use or activity such as skiing, snowmobiling, hiking,
mountain biking or similar activities;
(h)
An existing use located on a resource access road;
(i)
A lot which has a legal access i.e. right-of-way) registered on title; and
(j)
A lot where the provisions of the Road Access Act is deemed to apply.
(k)
Mineral exploration
For subsections (b), (d), (e), and (f), where lot frontage is not on a public street or a private road
access shall be provided by a legal right-of-way to the property.
4.13.2
Exception for Existing Agreements
(a)
Despite Section 4.13.1, where a maintenance or subdivision agreement exists between
the municipality and a land owner and is registered on title, lot frontage on an unassumed,
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unopened or unmaintained public right-of-way shall be deemed to conform to the
provisions of this section, provided that such lot frontage is in conformity with the
standards set out in the corresponding zone or any exception thereto.
(b)
Despite Section 4.13.1, where an access agreement registered on title between or
amongst landowners provides for a right-of-way to an existing lot such access shall be
deemed to conform with the provisions for access of this By-Law.
4.14 Garden Suites
Subject to the, the passing of Site Specific Temporary Use By-law under Section 39 of the Planning
Act, a Garden Suite shall be permitted as a separate dwelling unit to a permitted main residential
use provided that the minimum lot area is 450 m² [4,844 ft²] in area, that the maximum net floor
area is 50 m² [538 ft²], that the maximum height of the Garden Suite is 6 m [19.7 ft] or the average
height of the main buildings on the subject and abutting lots, whichever is the lesser, that the
Garden Suite is located in a rear or interior side yard and meets the minimum yard and lot
coverage requirements set out in the corresponding zone and is set back a minimum of 3 m [9.8 ft]
from any rear or side lot line.
4.15 Group Homes
Group Homes shall be permitted in all zones that allow residential uses, except the Limited
Service Rural Zone, provided that they are licensed or financed by the Province.
4.16 Home Based Businesses
Home based businesses shall be permitted provided that:
(a)
The use does not create nor become a public nuisance in particular in regard to noise,
traffic, parking, or health and safety. The use shall comply with any municipal by-law in
regard to noise, traffic, parking or health and safety;
(b)
The use does not occupy more than 25% of the gross floor area of the residential
dwelling unit or where located in an accessory building permitted through a re-zoning
shall not occupy more than 125 m² [1,345 ft2]
(c)
This definition includes such activities as a seasonal farm produce outlet for products
produced on the property, a workshop for wood workers, welders, painters, plumbers,
other members of the trades, a machine or auto repair shop;
(d)
There is no outdoor storage or display to indicate to persons outside that any part of the
property is being used for other than residential or agricultural uses except for an unlit
sign of not more than 2 m2. [21.5 ft2];
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(e)
A maximum of two commercial vehicles may be parked on-site in association with a home
based business.
(f)
Despite the definition of a commercial vehicle, the maximum weight of a commercial
vehicle parked on-site in association with a home-based business shall be 5,080 kg
[12,000 lbs].
(g)
Retail sales are limited to products produced or fabricated on the premises; and
(h)
The parking provisions of Section 4.25 and 4.26 shall apply.
4.17 Illumination
Illumination of buildings and grounds shall be permitted provided that:
(a)
Illumination shall not cause direct or indirect glare on a street that may interfere with traffic
or pedestrian safety;
(b)
Illumination shall not consist of a colour or be so designed or located that it may be
confused with traffic signals; and
(c)
Illumination shall not cause direct or indirect glare on land or buildings in any zone in
which residential uses are permitted.
4.18 Land Suitability for Use and Organic Soils
Despite any other provision of this By-Law, no habitable building or structure shall be
constructed, erected, altered or used on land which, by reason of its rocky, low lying, marshy,
unstable character or which is located or may be located on organic soil unless the proponent or
applicant for development can demonstrate through professionally acceptable engineering
techniques that the physical constraint can be mitigated or overcome and that the requirements of
the Ontario Building Code with respect to construction and the requirements of the Ontario Water
Resources Act and the Environmental Protection Act with respect to the installation of an individual
on-site sewage and water system can be met.
4.19 Mine Hazards
No person shall use any land identified a known mine hazard.
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4.20 Minimum Distance Separation and Special Setbacks
Notwithstanding anything in this Bylaw to the contrary, no person shall use any land, building or
structure unless the use, building or structure complies with the following:
(a)
Waste Management Facility
i)
No sensitive land use shall be permitted within 500 m of a waste management
facility measured from the lot line of the sensitive land use to the lot line of the
waste management facility.
ii)
No use of land, buildings or structures shall be permitted within a distance of 30 m
[98.4 ft] of the (licensed) fill area of an active or closed waste management facility
other than uses permitted in the Waste Management Facility (WMF) Zone, and no
dwelling or residential use shall be permitted on a lot within 500 m [1640 ft] of the lot
line of the waste management facility measured as the shortest horizontal distance;.
iii) No waste management facility shall be permitted within a distance of 30 m [98.4 ft]
from the high water mark of any water body; and
iv) No waste management facility shall be permitted on land covered by water or in any
area subject to flooding (see Section 4.12.3)
(b)
Pits and Quarries
i)
The minimum separation distance between a sensitive land use (e.g. residential use,
daycare centre, educational or health facility) and the boundary of a pit shall be 70 m
[230 ft] and shall be measured from the lot line of the sensitive land use to the
licensed area of the pit and/or quarry;
ii)
No sensitive land use shall be permitted within 300 m [984.2 ft] of a quarry
measured from the lot line of the sensitive land use to the lot line of the quarry;
and
iii) A pit or quarry or wayside pit or wayside quarry shall be set back a minimum of 50
m [164 ft] from the high water mark of a water body or a greater distance where
otherwise prescribed or required by regulation under the Aggregate Resources Act.
(c)
Industrial Uses
i)
Class I Industrial: Includes light industrial uses defined as a place of business for a
small scale, self-contained plant or building which produces/stores a product which is
contained in a package and has low probability of fugitive emissions e.g. noise, dust,
odour and/or vibration. There are daytime operations only, with infrequent movement
of products and/or heavy trucks and no outside storage. Examples include electronics
manufacturing, furniture repair, auto parts supply, packaging and crafting services.
The minimum separation distance from a sensitive land use (e.g., residential use,
daycare centre, educational or health facility) shall be 20 m [65.6 ft] measured from lot
line to lot line . ;
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ii)
Class II Industrial: Includes a place of business for medium scale processing and
manufacturing with outdoor storage of wastes or materials and or periodic outputs of
minor annoyance. There are occasional outputs of either point source or fugitive
emissions for noise, odour, dust and/or vibration and low probability of fugitive
emissions. Shift operations are permitted and there is frequent movement of products
and/or heavy trucks during daytime hours. Examples include feed packing plant, paint
spray booths, dry cleaning services, electrical production manufacturing. The
minimum separation distance for this industrial classification from a sensitive land
use (e.g. residential use, daycare centre, educational or health facility) shall be 70 m
[230 ft] measured from lot line to lot line. .
iii)
Class III Industrial: Describes large scale industries with substantial variations in
industrial processes, shift operations, large production volumes, outdoor storage of
raw and finished products and therefore emissions e.g. noise vibration, odour,
particulate and gaseous discharges or combinations may be anticipated. Examples of
heavy industries include refineries, salvage yard, pulp and paper mill etc. The
minimum separation distance for this industrial classification from a sensitive land
use (e.g. residential use, daycare centre, educational or health facility) shall be 300 m
[984 ft] measured from lot line to lot line. .
(d)
Agricultural Use
The erection or expansion of any livestock facility or manure or material storage or the
construction of a dwelling on a lot adjacent to a lot occupied by a livestock facility shall
comply with the Minimum Distance Separation Formulae I and II as amended by the
Province from time to time, where applicable.
(e)
Water Bodies and Wetlands
Subject to Section 4.12, the minimum setback from the shoreline for a habitable
structure (dwelling), a non-residential building or on-site sewage disposal system shall be
30 m [98.4 ft] except for a boat house, dock, wharf or low impact accessory structure
such as a steam or sauna bath, gazebo, storage shed (see Section 4.1.1). The setback
shall be measured as the shortest horizontal distance from the nearest main wall of the
building or the edge of the filter bed/tile bed to the shoreline. (See also Section 4.8 -
Environmental Design Requirements for Shoreline Properties and Section 4.20 (c) (ii)
- Pits and Quarries and Wayside Pits and Quarries.)
(f)
Septage or Communal Disposal Systems
No sensitive land use or associated well shall be constructed within 200 m [656.1 ft] of
the property boundary or boundary of any land zoned or proposed for septage disposal, a
waste stabilization pond or a wastewater treatment plant or vice versa.
No septage disposal, a waste stabilization pond or a wastewater treatment plant shall be
constructed closer than 180 m [590.5 ft] of the high water mark of any water body or 30 m
[98.4 ft] of any road allowance.
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(g)
Hydro Electric Power Transmission Corridor
No sensitive land use shall be constructed within 30 m [98.4 ft] of the right-of-way limit of a
power transmission corridor carrying a 250 KV line or greater.
4.21 Natural Heritage Features and Areas
4.21.1 Requirements for Natural Heritage Features
No person shall use any land or erect, alter or use any building or structure within the distances
of the identified natural heritage feature or area prescribed below, except for a conservation
use (See Figure 4.2)
Feature or Area
(a)
Significant Portions of the Habitat of Endangered & Threatened Species ..... 120 m [393.7 ft]
Significant Wetlands .......................................................................................... 120 m [393.7 ft]
(a)
Fish Habitat........................................................................................................ 120 m [393.7 ft]
(b)
Significant Wildlife Habitat ................................................................................ 120 m [393.7 ft]
(c)
Areas of Natural and Scientific Interest ................................................................. 50 m [164 ft]
Figure 4.2
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4.22 Non-Conforming and Non-Complying Uses
(a)
Continuance of Existing Uses
Nothing in this By-law shall apply to prevent the use of any land, building or structure for
any purpose prohibited by the By-law if such land, building or structure was lawfully used
for such purpose on the day of the passing of the By-law so long as it continues to be used
for that purpose. The non-conforming use of any land, building or structure shall not be
changed or enlarged except to a use which is in conformity with the provisions of the zone
in which the land, building or structure is located, without permission from the Committee
of Adjustment pursuant to the Planning Act.
(b)
Prior Building Permits
Nothing in this By-law shall prevent the erection or use of any building or structure for
which a building permit has been issued under the Building Code Act prior to the passing
of this By-law, so long as the building or structure when erected is used and continues
to be used for the purpose for which it was erected and provided the permit has not been
revoked under the Building Code Act.
(c)
Road Widenings
Nothing in this By-law shall prevent the use of any land, building or structure or the
erection of any building or structure on a lot which does not comply to the minimum lot
frontage and/or lot area and/or front yard setback and in the case of a corner lot, the
side yard setback, as a result of a road widening taken by the Township Nairn and
Hyman and the Ministry of Transportation of Ontario, provided all other requirements of this
By-law are complied with.
(d)
Reconstruction of Existing Use
Nothing in this By-law shall prevent the reconstruction or strengthening to a safer condition
of any non-conforming or non-complying building or structure which is unintentionally
damaged by fire or other natural cause, provided the height and bulk are not increased,
and approved flood proofing techniques are used (if required). With respect to a waterfront
lot, the replacement of any non-conforming or non-complying building or structure
shall not further encroach into a yard than the setback that existed prior to the
reconstruction.
(e)
Addition to Existing Building or Structure
Nothing in this By-law shall prevent the enlargement, reconstruction, renovation or repair of
an existing non-complying building or structure, without a minor variance, provided such
enlargement, reconstruction, renovation or repair does not:
i)
Increase the lot coverage if such coverage exceeds the applicable maximum
permitted herein;
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ii)
Further reduce the yard setback of such building or structure which is less than
the applicable minimum required yard setback required herein;
iii)
Reduce the distance between any two buildings if such distance is less than the
applicable minimum separation distance permitted herein;
iv)
Increase the height of such building or structure if such dimension exceeds the
applicable maximum building height permitted herein;
v)
Reduce the gross floor area of any dwelling or structure if it is less than the
applicable minimum gross floor area required herein;
vi)
Increase the net floor area of any building if it is greater than the applicable
maximum net floor area permitted herein;
vii)
Reduce the dwelling unit area of any dwelling unit if it is less than the applicable
minimum dwelling unit area required herein;
viii)
Increase the overall footprint or gross floor area of the building or structure;
and
ix)
Contravene any of the provision of this by-law;
(f)
Existing Undersized Lots
Despite anything else contained in this By-law, where a vacant lot having a lesser frontage
and/or area than is required by this By-law is held under distinct and separate ownership
from adjoining lots, according to the register for land in the Land Titles, or Registry Office,
on the date of the passing of this By-law, it may be used for a purpose permitted in the
zone in which the said lot is located, provided it can be adequately serviced and meets all
applicable setbacks of this By-law.
4.23 Occupancy Restrictions
Human habitation shall not be permitted in any of the following buildings, structures, or parts
thereof unless the building, structure, or parts thereof meet all requirements of the Fire Code, the
Ontario Building Code and any other applicable regulations, policies, or Acts.
(a)
Any private garage or other building which is accessory to a residential use;
(b)
Any truck, bus, recreational vehicle, coach or streetcar body whether or not the same is
mounted on wheels; and
(c)
Any dwelling before the main wall and roof have been erected, the finished roofing
material has been installed and the kitchen, heating and sanitary conveniences have been
installed and are operating.
4.24 Outside Storage, Sales and Display
No person shall use any lot or part thereof for outside storage, sales or display except as
permitted by this By-law and provided that such area has been specifically designed and set aside
for such purpose, is fully integrated with the main use of the lot and is in accordance with the
following:
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(a)
Outside storage shall not be permitted within any required front yard and no closer than
5 m [16.4 ft] to any side or rear lot line;
(b)
Where outside storage areas abut a zone in which residential uses are permitted, the
required setback of the outside storage area shall be increased to 10 [32.8 ft] and must
also be visually screened from any zone in which residential uses are permitted;
(c)
Any areas used for outside storage shall be in addition to any minimum off-street parking
or loading areas required by this By-law; and
(d)
Despite anything in this subsection to the contrary, in the case of an automotive or
recreational vehicle sales establishment, outside storage of vehicles shall be permitted
in all yards provided no such use is located closer than 1 m [3.2 ft] to any street line.
4.25 Parking and Storage of Vehicles
(a)
Except as provided herein, no vehicles shall be parked or stored in a zone in which
residential uses are permitted unless the vehicle is located within a garage, carport,
driveway, designated parking area or on a street as permitted by Municipal By-law.
(b)
No parking space in a zone in which residential uses are permitted shall be used for the
outdoor parking or storage of a motor vehicle unless such vehicle is used in operations
incidental to the main permitted use of the lot on which it is parked or stored and bears a
motor vehicle license plate or sticker which is currently valid.
(c)
Commercial Vehicle Parking
Commercial Vehicles in a
Residential Zone
- Maximum vehicle capacity: ≤9,072 kg GVWR
(Gross Vehicle Weight Ratio) [20,000 lbs]
- Vehicle shall be parked in a private garage or
behind the front building line if screened by a
fence from the adjacent property
- Vehicle shall be operated by the owner or
occupant
- Commercial vehicle trailer not permitted
- Provisions for home based businesses apply
(see Section 4.16 - Home Based Businesses)
Commercial Vehicles in a
Zone Permitting a Residential
Use
- Maximum vehicle capacity: ≤9,072 kg GVWR
[20,000 lbs] per axle. Maximum three axles
- Vehicles shall be parked in a private garage or
behind the front building line if screened by a
fence from the adjacent property
- Provisions for home based businesses apply
(see Section 4.16 - Home Based Businesses)
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(d)
Each standard parking space shall have a minimum width of 2.7 m [8.9 ft] and a minimum
length of 6 m [19.7 ft]. Each barrier-free parking space shall have a minimum width of 3.7
m [12.1 ft] and a minimum length of 6 m [19.7 ft].
(e)
Unless permitted elsewhere in this By-law, where two or more uses are permitted in any
one building or on any one lot, then the off-street parking requirements for each use shall
be calculated as if each use is a separate use, and the total number of off-street parking
spaces so calculated shall be provided.
(f)
The parking space requirements shall not apply to any building in existence at the date of
passing of this By-law so long as the gross floor area, as it existed at such date, is not
increased and no change in use occurs. If an addition is made to the building or
structure which increases the gross floor area, or a change in use occurs than parking
spaces for the addition or area changed in use shall be provided.
(g)
Parking area for more than four vehicles, supplementary regulations:
i)
The parking area shall be constructed of crushed stone, asphalt paving, concrete,
paver stones, or similar materials and shall be maintained and treated so as to reduce
dust scattering of stones and similar undesirable effects on adjoining properties and
shall incorporate drainage facilities that comply with the requirements of the
Corporation; and
ii)
Ingress and egress directly to and from every parking space shall be by means of a
driveway, lane or aisle having a width of at least 6 m [19.7 ft] for two-way traffic and
3.5 m [11.5 ft] for one-way traffic where parking is angled;
iii) A driveway or lane which does not provide ingress and egress directly to a parking
space, shall have a minimum width of 3.5 m [11.5 ft] where designed for one-way
vehicular circulation or 6 m [19.7 ft] where designed for two-way vehicular circulation.
(h)
Barrier Free (Handicapped Parking)
Wherever barrier-free access to a building is required under the Building Code, one
barrier-free parking space shall be provided for every 20 standard parking spaces or part
thereof and shall be included in the total number of parking spaces required under the
Schedule for Parking Requirements.
(i)
Except where permitted elsewhere in this By-law, the required parking for residential uses
of land shall be provided on the same lot as the dwelling unit. In all other zones, parking
shall be provided within 100 m [328 ft] of the building or lot it is intended to serve, subject
to an agreement, deed or renewable lease which provides for same.
(j)
Despite Section 4.26, if the calculation of the minimum parking space requirement results
in a fraction, the minimum requirement shall be the next higher whole number.
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4.26 Schedule for parking requirements
In any zone, the owner or occupant of any building or structure erected, enlarged or changed in
use after the date of passing of this By-law shall provide off-street parking in accordance with the
following provisions:
Table 1: Schedule for Parking Requirements:
USE
MINIMUM NUMBER OF REQUIRED PARKING SPACES
Residential:
- single-detached dwelling - semi-detached
- duplex
dwelling
- converted dwelling
- accessory dwelling
- seasonal dwelling
- mobile home
2 spaces per dwelling unit
Residential:
- apartment dwellings
1 space per dwelling unit, 15% of which shall be reserved as
visitor parking
Auto body shop, auto repair shop, auto service
station, gas bar
3 spaces per service bay plus 1 space per employee
Assembly hall, auditorium, dance hall, stadium, theatre
and similar public places of assembly
1 space for every 4 seats, fixed or otherwise and where there
are no seats, 1 space for every 10 m2 (107.6 sq. ft.) assembly
space
Bed & Breakfast Establishment
1 space for each guest room in addition to the required
residential parking spaces
Building supply store, lumber yard, garden centre,
nursery
1 space for each 20 m2 [215.2 ft2] of gross floor area and 1
space for each 35 m2 [376.2 ft2] of open storage
Campground
2 spaces per camp site
Car Washing Establishment
3 spaces minimum plus two stacking spaces per bay for a
manual was or 10 spaces for an automated wash
Clinic
6 spaces per doctor
Continuum-of-Care-Facility
1 space for every 6 patient beds plus 1 space for every 4
employees
Day nursery
1 space per employee and 1 space per 5 children
Gasoline Card Lock Facility
3 parking spaces plus 10 spaces of 3 m by 14 m for transport
trucks
General business, retail store, convenience store,
grocery store, commercial and personal service
establishment, bank, office, meeting rooms,
professional office or funeral parlour
1 space per 20 m2 [215.2 ft2] of Gross Floor Area, minimum
5 spaces
Group Home
1 space for each non-resident staff member plus two spaces
Home Based Business
1 space for dwelling unit plus 1 space for each employee
Hotel, motel, tourist outfitters establishment (with road
access)
1 space per guest unit, plus 1 space for each 6 persons of
designated seating capacity of any eating establishment
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Manufacturing, industrial storage or wholesale,
warehouse
1 space per 95 m2 [1022.6 ft2] of Gross Floor Area plus 1
space per every 3 employees per shift
Place of worship
1 space for every 5 seats, fixed or otherwise
Restaurant, restaurant-drive-in, beverage
establishment, tavern or road house
1 space per 10 m2 [107.6 ft2] of Gross Floor Area
School
2 spaces per classroom
School - Private
4 spaces per classroom
All other uses not listed above
1 space per 30 m² [322.9 ft2] of Gross Floor Area
4.27 Parts of Buildings or Structures Permitted Above Height Level
The height regulations herein set forth shall not apply to any of the following uses, buildings or
structures:
- Air conditioning system
- Chimney
- Church spire or belfry
- Drying tower
- Elevator or stairway enclosure
- Enclosed
mechanical
and
electrical equipment
- Farm buildings and structures
such as a barn, silo or windmill
- Flag pole
- Hydro electric transmission tower
- Mine Headframe
- Receiving
and
transmitting
antenna
- Receiving stations
- Satellite dish
- Smoke Stack or Emissions Stack
- Solar panels
- Ventilating fan or skylight
- Water tower or tank
4.28 Permitted Projections
Every part of any yard required by this By-law shall be open and unobstructed by any structure
from the ground to the sky except that those structures listed in the following table shall be
permitted to project into the minimum yards required by this By-law for the following specified
distances:
Table 2: Permitted Projections
STRUCTURE
MAXIMUM PROJECTION INTO REQUIRED YARD
Chimney breasts, cornices, sills, bay windows, pilasters,
eaves or gutters
0.75 m [2.46 ft] into any required front, rear or
side yard
Canopies which are at least 2.13 m (7 ft.) in vertical
clearance above the established grade, with or without
supporting posts
2 m [6.5 ft] into any required yard
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Canopies for entrances to apartment buildings and
commercial buildings
Despite any other provisions in this By-law, a canopy
or portico over a major entrance to an apartment
building or commercial building may project into the
required yard a distance equal to one-half (½) the setback
of the building from the street line
Window awnings
1.2 m [3.9 ft] into any required yard
Steps, ramps for use by handicapped, and walkways
No maximum into any required yard
Porch, uncovered platform landing, patio or sun deck,
balconies or steps
3 m [9.8 ft]
into any required yard
Air conditioner
0.5 m [1.6 ft] Into any yard.
Heat pump, fire escape.
1.5 m [5 ft] Into a side or rear yard
Accessory building
As permitted by and as specified in this By-law
4.29 Prohibited Uses
Except as specifically permitted in this By-law, the following uses are prohibited:
(a)
No use shall be permitted within the Township which from its nature or the materials used
therein is declared to be a noxious trade, business or manufacture.
(b)
Except as otherwise specifically permitted in this By-law, no land shall be used and no
building or structure shall be erected, altered or used for any purpose that creates or is
likely to become a nuisance or offensive, or both, to an adjacent property holder or to the
general public.
4.30 Sight Triangles
On a corner lot no obstruction higher than 0.75 m [2.5 ft] (except a chain link fence for a school or
park) shall be permitted on that part of a lot at the street corner composed of a triangle having
sides 5 m [16.4 ft] in length along each street line measured from the street corner formed by the
lot lines, or by the straight line projection of lot lines when lot lines are connected by a curved
line.
4.31 Signs
Privately owned ground signs, freestanding signs, billboards, pole signs, pylon signs or portable
signs which are larger than 1.5 m2 [16.2 ft2] in sign face area shall be set back a minimum of 3 m
[9.4 ft] from any lot line.
The location, size and construction of all signs larger than 1.25 m2 [13.4 ft2] in area which are
proposed to be located within any minimum front yard or minimum exterior side yard are subject
to the approval of the Corporation. All signs shall conform to the Ontario Building Code.
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(Note: the requirements for signs shall be in addition to any setbacks or standards imposed by the
Ministry of transportation or as may be contained within any municipal sign by-law.)
4.32 Sleep Cabin
A maximum of one sleeping cabin per lot shall be permitted as an accessory use to a main
permitted residential seasonal dwelling or residential dwelling with water frontage. Sleeping
cabins shall not exceed 37 m² [400 ft²] in gross floor area. The regulations under Section 4.1 -
Accessory Buildings, Structures and Uses shall also apply to the establishment of sleep cabin.
4.33 Streets and Parks
In any zone established by this By-law, streets, walkways, bike paths and parks are permitted.
4.34 Temporary Buildings or Structures During Construction
Nothing in this By-law shall prevent the use of land or the use or erection of a temporary building
or structure or a scaffold or other equipment essential to the construction in progress for which a
building permit has been granted, but only until such time as the work has been finished or
abandoned or such equipment is no longer required.
In addition, temporary accommodation for a business or other use which is intended to occupy a
building which is under construction with the work in progress on such building, may be
temporarily permitted on the same lot in the form of a mobile, relocatable, portable or transportable
building provided:
(a)
Approval is obtained pursuant to the matters contained herein; and
(b)
Such temporary accommodation is removed from the lot immediately upon completion of
construction, abandonment of construction or at such time as in the opinion of the
Corporation it is no longer required (see also Section 4.1.1[h]).
4.35 Use by Public Authority or Public Utility
The provisions of this By-law shall not apply to the use of any land or to the erection or use of any
utility installation for the purpose of public service by the Township of Nairn and Hyman and/or any
public authority, any department of the Government of Ontario or Canada, including any Hydro
One Networks or Ontario Power Generation facilities pursuant to the Planning Act, or publicly
licensed authority provided that where such land, building or structure is located in or abutting a
zone in which residential uses of land are permitted:
(a)
No goods, materials or equipment shall be stored in the open;
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(b)
The lot coverage and setback regulations of the zone in which such land, building or
above ground structure is located shall be complied with;
(c)
Any building erected under the authority of this section shall not be used for the purpose
of an office;
(d)
parking and loading requirements as contained in this By-law shall be complied with.
(e)
A communications facility established by a public or private authority shall be permitted
in any rural, commercial or industrial zone provided the construction standard complies
with the applicable provincial and federal statutes and regulations and provided that the
base of any freestanding tower is set back a minimum of 20 m [65.6 ft] from any lot line.
Communications facilities shall comply with Industry Canada standards for construction
and safety.
4.36 Water and Sewage Disposal Systems
No person shall hereafter erect or use in whole or in part, any building or structure for any
residential, commercial or industrial purposes on any land unless the use, building or structure is
properly connected to an approved water supply and sewage disposal system under the Ontario
Water Resources Act or the Building Code Act unless hte ues is exempted under the Building Code
Act or prohibited or regulated by this By-law.
The use of a private communal sewage service and/or a private communal water service shall
require a Responsibility Agreement between the developer and the Township of Nairn and Hyman
in accordance with the Ministry of the Environment Procedure D-5-2.and
Within any Zone in the Village of Nairn Centre that cannot be serviced by municipal water supply,
no use or occupancy of any building or structure shall be made unless the minimum lot size is 1
ha [2.47 ac] or 0.6 ha [1.48 ac] where accompanied by a hydrogeological study.
4.37 Zones Applying to More than One Property
Where a lot is divided into more than one zone, each such portion of the lot shall be used in
accordance with the provisions of this By-Law for the zone where such portion of the lot is located.
Each such portion of the lot shall be considered as a separate lot for the purposes of determining
zone provisions.
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5.0 ZONES
5.1
Zone Classification
For the purposes of this By-law, the Township of Nairn and Hyman is divided into the following
zones as named and described in the following sections, the boundaries of which are shown on
Schedule "A" and on Schedule "B" which are attached and form part of this By-law.
5.2
Zones
Zone Symbol
RESIDENTIAL ZONES
-
General Residential Zone ...................................................................................................... R1
-
Multiple Residential Zone ...................................................................................................... R2
-
Rural Residential Zone .......................................................................................................... R3
COMMERCIAL ZONES
-
Highway and Tourist Commercial Zone.................................................................................. C
-
Resort Commercial Zone....................................................................................................... CR
-
Local Commercial Zone ......................................................................................................... CL
INDUSTRIAL ZONES
-
Light Industrial Zone .............................................................................................................. M1
-
Medium Industrial Zone ......................................................................................................... M2
-
Rural Industrial Zone ............................................................................................................ M3
-
Mineral Aggregate Resource Zone .......................................................................................MX
-
Mining Zone .......................................................................................................................... MM
-
Waste Management Facility .............................................................................................. WMF
RURAL AND ENVIRONMENTAL ZONES
-
Natural Resource (Rural) Zone ............................................................................................... R
-
Environmental Protection ...................................................................................................... EP
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OTHER ZONES
-
Heritage Zone .................................................................................................... H
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5.3
INTERPRETATION OF ZONE BOUNDARIES
5.3.1 When determining the boundary of any zone as shown on any Schedule forming part of this By-
law, the following provisions shall apply:
(a)
A boundary indicated as following a highway, street or lane shall be the centre line of
such highway, street or lane;
(b)
A boundary indicated as following a watercourse, creek, stream or the right-of-way of a
railway or an electrical, gas or oil transmission line shall be the centre line of such
watercourse, creek, stream or right-of-way;
(c)
A boundary indicated as following the shoreline shall follow such shoreline, and in the
event of a change in the shoreline, the boundary shall be construed as moving with the
actual shoreline;
(d)
A boundary indicated as approximately following lot lines shown on a Registered Plan of
Subdivision, or Reference Plan, or Township lot lines shall follow such lot lines;
(e)
Where a boundary is indicated as approximately parallel to a street line or other feature,
indicated in clause (a), (b), and (c) above, and the distance from such street line or other
feature is not indicated, and clause (d) above is not applicable, such boundary shall be
construed as being parallel to such street line or other feature, and the distance therefrom
shall be determined according to the scale shown on the appropriate Schedule;
(f)
A boundary indicated as following the limits of the Municipality shall follow such limits; and.
(g)
In the event a dedicated street, lane or right-of-way shown on any Schedule forming part
of this By-law is closed, the property formerly in such street, lane or right-of-way shall be
included within the zone of the adjoining property on either side of such closed street, lane
or right-of-way. If a closed street, lane or right-of-way is the boundary between two or
more different zones the new zone boundaries shall be the former centre line of the closed
street, lane or right-of-way.
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5.4
GENERAL RESIDENTIAL - R1
No person shall use any land or erect, alter or use any building or structure in the General
Residential - R1 zone except in accordance with the provisions of this Section and of any other
relevant Sections of this By-law.
5.4.1 Permitted Uses
-
Bed and Breakfast
-
Crisis Care Facility
-
Dwelling - Converted
-
Dwelling - Duplex
-
Dwelling - Seasonal
-
Dwelling - Semi-detached
-
Dwelling - Single Detached
-
Group Home (see Section 4.16)
-
Marine Facility
-
Mobile Home
-
Park
-
Parking Area
-
Place of Worship
-
Public Service Use (see Section
4.35)
-
Public Utility (see Section 4.35)
-
School
-
Skateboard Park
Accessory Buildings Structures and
Uses (see Section 4.1)
- Accessory Dwelling
- Home Based Business (see Section
4.16)
- Parking Area
5.4.2 Zone Requirements
Minimum Lot Area - Municipal Water
- Single detached, mobile home, seasonal dwelling, group home, place of worship, public
service use, school ....................................................................................... 929 m² [10,000 ft2]
- Semi-detached, duplex, converted dwelling ...................... 700 m² per dwelling unit [7,534 ft2]
Minimum Lot Area - Individual On-Site System ................................ 0.3 ha per dwelling unit [0.74 ac]
Minimum Lot Frontage per Dwelling Unit - Municipal Water ............................................ 30 m [98.4 ft]
Minimum Lot Frontage per Dwelling Unit - Individual On-Site System .......................... 45 m [147.6 ft]
Minimum Yard Requirements - Main Building
- Front Yard ................................................................................................................ 6 m [19.6 ft]
- Rear Yard ............................................................................................................. 7.5 m [24.6 ft]
- Interior Side Yard ................................................................................................. 1.2 m [3.93 ft]
- Exterior Side Yard ................................................................................................... 6 m [19.6 ft]
Minimum Yard Requirements - Accessory Building
- Front Yard ................................................................................................................ 6 m [19.6 ft]
- Rear Yard ............................................................................................................. 1.5 m [4.92 ft]
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- Interior Side Yard ................................................................................................. 1.5 m [4.92 ft]
- Exterior Side Yard ................................................................................................... 6 m [19.6 ft]
Maximum Building Height
- Main Building ......................................................................................................... 10.6 m [35 ft]
- Accessory Building ............................................................................................. 4.2 m [13.77 ft]
Maximum Lot Coverage - Municipal Water ...................................................................................... 30%
Maximum Lot Coverage - Individual On-Site System ...................................................................... 10%
Maximum No. of Dwelling Units per Lot*
- Dwelling - Single detached, mobile home, seasonal, group home ......................................... 1
- Dwelling - Semi-detached, duplex, converted ......................................................................... 2
* Except where a lot is rezoned to permit a Garden Suite as a permitted use (see Section 4.14; or
to permit an Apartment-in-a-House)
5.4.3 Additional Provisions
(a)
No part of any kennel may be located closer than 100 m [328 ft] to a dwelling unit on
another lot.
(b)
A park or parking area shall not be subject to minimum lot area or lot frontage
requirements but shall comply with the setback requirements of Section 5.4.2.
(c)
The minimum interior side yard shall not apply to the party wall of a semi-detached
dwelling.
5.4.4 Exception Zones.
(a)
R1-x1, North Part of Lot 1, Concession 4, Nairn Township, Parcel 543
On lands described as located in the General Residential Special Exception (R1-x1) Zone,
a hobby farm is a permitted use.
Additional Provisions
-
Any building used to house livestock in association with a hobby farm shall
comply with the Minimum Distance Separation (MDS) Formulae II as amended.
-
Despite any other provision of this By-law to the contrary, a vegetative buffer
having a minimum width of 15 m [49.2 ft] shall be maintained in its natural state
between the lot line and any pasture area or livestock facility.
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5.5
MULTIPLE RESIDENTIAL - R2
No person shall use any land or erect, alter or use any building or structure in the Multiple
Residential - R2 zone except in accordance with the provisions of this Section and of any other
relevant Sections of this By-law.
5.5.1 Permitted Uses
- Continuum-of-Care Facility
- Crisis-Care-Facility
- Dwelling - Apartment
- Dwelling - Converted
- Dwelling - Row
- Marine Facility
- Park
Accessory Buildings Structures and
Uses (see Section 4.1)
- Home Based Business (see
Section 4.16)
- Parking Area
5.5.2
Zone Requirements
Minimum Lot Area - Municipal Water........................................... 455 m² per dwelling unit [4,897.7 ft2]
Minimum Lot Area - Individual On-Site System ........ the greater of 1 ha [2.47 ac] or as required by a
hydrogeological study
Minimum Lot Area - Continuum-of-Care Facility
......................................................................................................................................... 0.8 ha [1.97 ac]
Minimum Lot Frontage - Municipal Water.......................................................................... 30 m [98.4 ft]
Minimum Lot Frontage - Individual On-Site System ....................................................... 45 m [147.6 ft]
Minimum Yard Requirements - Main Building
- Front Yard ................................................................................................................ 6 m (19.6 ft]
- Rear Yard ............................................................................................................. 7.5 m [24.6 ft]
- Interior Side Yard ................................................................................................. 1.2 m [3.93 ft]
- Other side ................................................................................................................ 3 m [9.84 ft]
- Exterior Side Yard ................................................................................................... 6 m [19.6 ft]
Minimum Yard Requirements - Accessory Building
- Front Yard ................................................................................................................ 7 m [22.9 ft]
- Rear Yard ............................................................................................................. 1.5 m [4.92 ft]
- Interior Side Yard ................................................................................................. 1.5 m [4.92 ft]
- Exterior Side Yard ................................................................................................... 7 m [22.9 ft]
Maximum Building Height
- Main Building ......................................................................................................... 10.6 m [35 ft]
- Accessory Building ............................................................................................... 4.5 m [14.7 ft]
Maximum Lot Coverage - Municipal Water ...................................................................................... 35%
Maximum Lot Coverage - Individual On-Site System ...................................................................... 20%
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Maximum No. of Dwellings per Lot ........................................................................................................ 1
5.5.3 Additional Provisions
(a)
No part of any kennel may be located closer than 100 m [328 ft] to a dwelling unit on
another lot.
(b)
A park or parking area shall not be subject to minimum lot area or lot frontage
requirements but shall comply with the setback requirements of Section 5.5.2.
5.5.4 Exception Zones.
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5.6
RURAL RESIDENTIAL - R3
No person shall use any land or erect, alter or use any building or structure in the Rural
Residential - R3 zone except in accordance with the provisions of this Section and of any other
relevant Sections of this By-law.
5.6.1 Permitted Uses
- Crisis Care Facility
- Dwelling - Seasonal
- Dwelling - Single Detached
- Group Home (see Section 4.15)
- Marine Facility
- Mobile Home
- Park
- Public Service Use (see Section
4.33)
- Public Utility (see Section 4.35)
- Skateboard Park
Accessory Buildings, Structures and
Uses (see Section 4.1)
-
Bed and Breakfast
-
Home Based Business (see
Section 4.16)
-
Parking Area
-
Shoreline
Structure
(see
Section 5.6.3)
5.6.2
Zone Requirements
Minimum Lot Area......................................................................................................... 6,000 m² [1.5 ac]
Minimum Lot Frontage....................................................................................................... 46m [150.9 ft]
Minimum Yard Requirements - Main Building
- Front Yard (1) with shoreline frontage .................................................................. 30 m [98.4 ft]
- Front Yard (2) back lot ............................................................................................ 7 m [22.9 ft]
- Rear Yard ............................................................................................................. 7.5 m [24.6 ft]
- Interior Side Yard ...................................................................................................... 3 m [9.8 ft]
- Exterior Side Yard ................................................................................................... 7 m [22.9 ft]
Minimum Yard Requirements - Accessory Building
- Front Yard ................................................................................................................ 6 m [19.6 ft]
- Rear Yard ............................................................................................................. 1.5 m [4.92 ft]
- Interior Side Yard ................................................................................................. 1.5 m [4.92 ft]
- Exterior Side Yard ................................................................................................... 6 m [19.6 ft]
(See also 5.6.3 - Additional Provisions for Shoreline Structures)
Maximum Building Height
- Main Building ......................................................................................................... 10.6 m [35 ft]
- Accessory Building ............................................................................................... 4.5 m [14.7 ft]
- Boat House ..................................................................................................................... 1 storey
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Maximum Lot Coverage .................................................................................................................... 15%
Maximum No. of Dwelling Units per Lot*
- Dwelling - Single detached, mobile home, seasonal, group home ......................................... 1
* Except where a lot is rezoned to permit a Garden Suite as a permitted use (see Section 4.14; or
where an Apartment-in-a House is permitted)
5.6.3 Additional Provisions
(a)
No part of any kennel may be located closer than 100 m [328 ft] to a dwelling
unit on another lot.
(b)
A park or parking area shall not be subject to minimum lot area or lot frontage
requirements but shall comply with the setback requirements of Section 5.6.2.
(c)
No shoreline structure shall be permitted within a depth of 15 m [49.2 ft] from the
shoreline except a boat house, boat port, float plane hangar, dock or wharf.
(d)
With the exception of a boat house (wet), boat port, float plane hangar, dock or
wharf, all shoreline structures shall be constructed within the confines of the
property boundaries of a lot.
(e)
The gross floor area of a boat house or boat port, shall not exceed 80 m2 [861.1
ft2].
(f)
A sauna or steam bath shall not exceed a gross floor area of 10 m2 [107.6 ft2]
and shall not be serviced by a pressurized water system.
(g)
No dock shall exceed 1.8 m [6 ft] in width or 10 m [32.8 ft] in length. Despite these
dimensions, no dock or wharf shall be constructed which constitutes a navigation
or safety hazard.
(h)
No shoreline structure which will destroy fish habitat shall be permitted.
(i)
No residential or other use which is intended for year round occupancy shall be
permitted on a seasonally maintained road.
5.6.4
Exception Zones.
(a) R3-X1: Wabigishik Lake, Part of Lot 3, Concession 1, Parcel 18498, S.W.S., Location
AE 1047, Geographic Township of Nairn
On lands described as the Rural Special Exception Three (R3-x1) Zone, the minimum lot
frontage shall be 45 m [147.67 ft], and the minimum front yard setback shall be 15.3 m
[50.41 ft].
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5.7
HIGHWAY AND TOURIST COMMERCIAL - C
No person shall use any land or erect, alter or use any building or structure in the Highway and
Tourist Commercial - C zone except in accordance with the provisions of this Section and of any
other relevant Sections of this By-law.
5.7.1 Permitted Uses
- Ambulance Facility
- Auto Service Station
- Automotive Sales Establishment
- Bakery
- Bank or Financial Institution
- Building Supply Store
- Clinic
- Commercial Greenhouse
- Convenience Store
- Equipment Rental Establishment
- Flea Market
- Garden Centre
- Gasoline Bar
- Gasoline Card Lock Facility
- Licensed Refreshment
Sales
Vehicle
- Motel
- Office
- Parking Lot - Commercial
- Personal Service Establishment
- Place of Amusement
- Place of Assembly
- Place of Worship
- Public Service Use (see Section
4.35)
- Public Utility (see Section 4.35)
- Recreational
Commercial
Establishment
- Recreational Vehicle Sales and
Storage and Repair
- Restaurant
(may
include
a
licensed establishment subject to
the L.L.B.O)
- Retail Store
- Self-Storage Facility
- Studio
- Tavern or Road House
- Tourist Establishment
- Veterinary Establishment
- Warehouse
- Workshop or Custom Workshop
Accessory Buildings, Structures
and Uses (see Section 4.1)
- Accessory Dwelling
5.7.2 Zone Requirements
Minimum Lot Area -Municipal Water............................................................................750 m² [8,073 ft2]
Minimum Lot Area - Individual On-Site System ............................... 6,000 m² [1.5 ac]
Minimum Lot Frontage....................................................................................................... 46m [150.9 ft]
Minimum Yard Requirements - Main Building
- Front Yard ................................................................................................................ 6 m [19.6 ft]
- Rear Yard ............................................................................................................. 7.5 m [24.6 ft]
- Interior Side Yard ................................................................................................. 1.2 m [3.93 ft]
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- Exterior Side Yard ................................................................................................... 6 m [19.6 ft]
Minimum Yard Requirements - Accessory Building
- Front Yard ................................................................................................................ 6 m [19.6 ft]
- Rear Yard ................................................................................................................ 7 m [22.9 ft]
- Interior Side Yard .................................................................................................... 3 m [9.84 ft]
- Exterior Side Yard ................................................................................................... 6 m [19.6 ft]
Maximum Building Height
Main Building ......................................................................................................... 10.6 m [35 ft]
- Accessory Building .................................................................................................. 6 m [19.7 ft]
Maximum Lot Coverage .................................................................................................................... 40%
Maximum No. of Dwelling Units per Lot ................................................................................................ 2
Minimum Separation Distance between the Main
Wall of a Detached Dwelling Unit and a commercial use ................................................ 6.0 m [19.7 ft]
5.7.3 Additional Provisions
(a)
An accessory dwelling may be located within a building occupied by any commercial
use except an automotive use or may be detached. Where the accessory dwelling is
detached, the minimum lot area shall be as set out in the R1 Zone and shall be in added to
the minimum lot area in the C1 Zone.
(b)
Where a commercial zone abuts a residential zone or a residential use or a sensitive
land use on an adjacent lot, a landscaped strip of not less than 1.5 m [4.92 ft] in width
shall be provided along the abutting lot line(s).
(c)
Where a commercial zone abuts a residential zone or a residential use or a sensitive
land use on an adjacent lot, the setback on the abutting yard shall be a minimum of 7.5
m [24.6 ft]
5.7.4 Exception Zones.
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5.8
RESORT COMMERCIAL - CR
No person shall use any land or erect, alter or use any building or structure in the Resort
Commercial - CR zone except in accordance with the provisions of this Section and of any other
relevant Sections of this By-law.
5.8.1 Permitted Uses
- Campground - Tourist
- Communications Facility
- Dwelling - Seasonal
- Dwelling - Single Detached
- Marina
- Marine Facility
- Parking Lot - Commercial
- Private Club
- Public Service Use (see Section
4.35)
- Public Utility (see Section 4.35)
- Recreational
Commercial
Establishment
- Tourist Establishment
Accessory Buildings, Structures and
Uses (see Section 4.1)
- Accessory Dwelling
- Home Based Business (see
Section 4.16)
- Parking Area
- Shoreline
Structure
(see
Section 5.8.3)
5.8.2 Zone Requirements
Minimum Lot Area:
- Per Dwelling Unit ........................................................................................... 6,000m² [1.5 ac]
- Other Uses ......................................................................................................... 1.0 ha [2.5 ac]
Minimum Lot Frontage....................................................................................................... 46m [150.9 ft]
Minimum Yard Requirements
- Front Yard ............................................................................................................. 10 m [32.8 ft]]
- Rear Yard ................................................................................................................ 7 m [22.9 ft]
- Interior Side Yard .................................................................................................... 7 m [22.9 ft]
- Exterior Side Yard ................................................................................................... 7 m [22.9 ft]
Minimum Yard Requirements - Accessory Building
- Front Yard .............................................................................................................. 10 m [32.8 ft]
- Rear Yard ................................................................................................................ 1 m [3.28 ft]
- Interior Side Yard .................................................................................................... 1 m [3.28 ft]
- Exterior Side Yard ................................................................................................... 7 m [22.9 ft]
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Maximum Building Height
- Main Building ......................................................................................................... 10.6 m [35 ft]
- Accessory Building ................................................................................................ 6.0m [19.7 ft]
Maximum Lot Coverage .................................................................................................................... 40%
Maximum No. of Dwelling Units per Lot ................................................................................................ 2
5.8.3 Additional Provisions
(a)
No part of any kennel may be located closer than 100 m [328 ft] to a dwelling unit on
another lot.
(b)
A park or parking area shall not be subject to minimum lot area or lot frontage
requirements but shall comply with the setback requirements of Section 5.8.2.
(c)
No shoreline structure shall be permitted within a depth of 15 m [49.2 ft] from the
shoreline except a boat house, boat port, float plane hangar, dock or wharf.
(d)
With the exception of a boat house (wet), boat port, float plane hangar, dock or wharf, all
shoreline structures shall be constructed within the confines of the property boundaries
of a lot.
(e)
The gross floor area of a boat house or boat port, shall not exceed 80 m2 [861.1 ft2].
(f)
A sauna or steam bath shall not exceed a gross floor area of 10 m2 [107.6 ft2] and shall
not be serviced by a pressurized water system.
(g)
No dock or wharf shall be constructed which constitutes a navigation or safety hazard.
(h)
No shoreline structure which will destroy fish habitat shall be permitted.
(i)
Where a commercial zone abuts a residential zone or a residential use or a sensitive land
use on an adjacent lot, a landscaped strip of not less than 1.5 m [4.92 ft] in width shall be
provided along the abutting lot line(s).
(j)
Where a commercial zone abuts a residential zone or a residential use or a sensitive land
use on an adjacent lot, the setback on the abutting yard shall be a minimum of 7.5 m
[24.6 ft]
5.8.4 Exception Zones.
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5.9
LOCAL COMMERCIAL - CL
No person shall use any land or erect, alter or use any building or structure in the Local
Commercial - CL zone except in accordance with the provisions of this Section and of any other
relevant Sections of this By-law.
5.9.1 Permitted Uses
- Antique Store or Craft Shop
- Convenience Store
- Laundromat
- Video Rental Outlet
Accessory Buildings, Structures
and Uses (see Section 4.1)
- Accessory Dwelling
- Bed and Breakfast
5.9.2 Zone Requirements
Minimum Lot Area - Municipal Water...................................................................... 929 m² [10,000 ft2]
Minimum Lot Area - Individual On-Site System ............................................................ 0.3 ha [0.74 ac]
Minimum Lot Frontage - Municipal Water......................................................................... 30 m [98.4 ft]]
Minimum Lot Frontage - Individual On-Site System ....................................................... 45 m [147.6 ft]
Minimum Yard Requirements - Main Building
- Front Yard ................................................................................................................ 6 m [19.6 ft]
- Rear Yard ............................................................................................................. 7.5 m [24.6 ft]
- Interior Side Yard ................................................................................................. 1.2 m [3.93 ft]
- Exterior Side Yard ................................................................................................... 6 m [19.6 ft]
Minimum Yard Requirements - Accessory Building
- Front Yard ................................................................................................................ 6 m [19.6 ft]
- Rear Yard ............................................................................................................ 1.5 m [4.92 ft]]
- Interior Side Yard ................................................................................................. 1.5 m [4.92 ft]
- Exterior Side Yard ................................................................................................... 6 m [19.6 ft]
Maximum Building Height
- Main Building ............................................................................................................. 10.6 [35 ft]
- Accessory Building ............................................................................................... 4.5 m [14.7 ft]
Maximum Lot Coverage .................................................................................................................... 30%
Maximum Lot Coverage - Individual On-Site System ...................................................................... 10%
Maximum No. of Dwelling Units per Lot ................................................................................................ 1
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5.9.3 Additional Provisions
(a)
Where a commercial zone abuts a residential zone or a residential use or a sensitive
land use on an adjacent lot, a landscaped strip of not less than 1.5 m [4.92 ft] in width
shall be provided along the abutting lot line(s).
(b)
Where a commercial zone abuts a residential zone or a residential use or a sensitive
land use on an adjacent lot, the setback on the abutting yard shall be a minimum of 7.5
m [24.6 ft].
(c)
A local commercial use shall have lot frontage on and direct access onto a major street
utilized for through traffic.
5.9.4 Exception Zones.
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5.10 LIGHT INDUSTRIAL - M1
No person shall use any land or erect, alter or use any building or structure in the Light
Industrial - M1 zone except in accordance with the provisions of this Section and of any other
relevant Sections of this By-law.
5.10.1 Permitted Uses
- Auto Body Shop
- Auto Service Station
- Class I Industry
- Gasoline Bar
- Gasoline Card Lock Facility
- Parking Lot - Commercial
- Public Service Use (see Section
4.35)
- Public Utility (see Section 4.35)
- Warehouse
- Workshop or Custom
- Workshop
Accessory Buildings, Structures and
Uses (see Section 4.1)
- Office
- Parking Area
5.10.2 Zone Requirements
Minimum Lot Area.................................................................................................................1 ha [2.5 ac]
Minimum Lot Frontage...................................................................................................... 45 m [147.6 ft]
Minimum Yard Requirements - Main Use
- All Yards................................................................................................................. 15 m [49.2 ft]
Minimum Yard Requirements - Accessory Use
- Front and Exterior Side yard ................................................................................. 15 m [49.2 ft]
- Rear or Interior Side Yard ....................................................................................... 5 m [16.4 ft]
Maximum Building Height
- Main Building ......................................................................................................... 15 m [49.2 ft]
- Accessory Building .................................................................................................. 8 m [26.2 ft]
Maximum Lot Coverage .................................................................................................................... 30%
5.10.3 Additional Provisions
(a)
See also requirements of Section 4.20 of this By-law for separation distances for
industries.
(b)
Where an industrial zone abuts a residential zone or a residential use or a sensitive land
use on an adjacent lot, landscaped open space or a landscaped strip of not less than 15 m
[49.2 ft] in width shall be provided along the abutting lot line(s).
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5.10.4 Exception Zones
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5.11 MEDIUM INDUSTRIAL - M2
No person shall use any land or erect, alter or use any building or structure in the Medium
Industrial - M2 zone except in accordance with the provisions of this Section and of any other
relevant Sections of this By-law.
5.11.1 Permitted Uses
- Auto Body Shop
- Auto Service Station
- Class II Industry
- Compressed Gas Sales and
Service
- Contractor's Yard
- Feed Supply Outlet
- Fuel Depot
- Gasoline Bar
- Gasoline Card Lock Facility
- Lumber Yard
- Parking Lot - Commercial
- Produce Grading Station or
Storage Facility
- Public Service Use (see Section
4.35)
- Public Utility (see Section 4.35)
- Transportation Depot
- Warehouse
- Well Drilling Establishment
- Workshop or Custom
- Workshop
Accessory Buildings, Structures and
Uses (see Section 4.1)
- Office
- Parking Area
5.11.2 Zone Requirements
Minimum Lot Area.................................................................................................................1 ha [2.5 ac]
Minimum Lot Frontage...................................................................................................... 45 m [147.6 ft]
Minimum Yard Requirements - Main Use
- All Yards................................................................................................................. 15 m [49.2 ft]
Minimum Yard Requirements - Accessory Use
- Front and Exterior Side yard ................................................................................. 15 m [49.2 ft]
- Rear or Interior Side Yard ....................................................................................... 5 m [16.4 ft]
Maximum Building Height
- Main Building ......................................................................................................... 15 m [49.2 ft]
- Accessory Building .................................................................................................. 8 m [26.2 ft]
Maximum Lot Coverage .................................................................................................................... 30%
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5.11.3 Additional Provisions
(a)
See also requirements of Section 4.20 of this By-law for separation distances for
industries.
(b)
Where an industrial zone abuts a residential zone or a residential use or a sensitive land
use on an adjacent lot, landscaped open space or a landscaped strip of not less than 15 m
[49.2 ft] in width shall be provided along the abutting lot line(s).
5.11.4 Exception Zones.
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5.12 RURAL INDUSTRIAL - M3
No person shall use any land or erect, alter or use any building or structure in the Rural
Industrial - M3 zone except in accordance with the provisions of this Section and of any other
relevant Sections of this By-law.
5.12.1 Permitted Uses
- Class I, II and III Industries
- Public Utility (see Section 4.35)
- Salvage Yard
- Sawmill
- Warehouse
Accessory Buildings, Structures
and Uses (see Section 4.1)
- Office
5.12.2 Zone Requirements
Minimum Lot Area...............................................................................................................2 ha [4.94 ac]
Minimum Lot Frontage....................................................................................................... 100 m [328 ft]
Minimum Yard Requirements - Main Use
- All Yards................................................................................................................. 15 m [49.2 ft]
Minimum Yard Requirements - Accessory Use
- Front and Exterior Side yard ................................................................................. 15 m [49.2 ft]
- Rear or Interior Side Yard ....................................................................................... 5 m [16.4 ft]
Maximum Building Height
- Main Building ......................................................................................................... 15 m [49.2 ft]
- Accessory Building .................................................................................................. 8 m [26.2 ft]
Maximum Lot Coverage .................................................................................................................... 30%
5.12.3 Additional Provisions
(a)
See also requirements of Section 4.20 of this By-law for separation distances for
industries.
(b)
Where an industrial zone abuts a residential zone or a residential use or a sensitive land
use on an adjacent lot, landscaped open space or a landscaped strip of not less than 15 m
[49.2 ft] in width shall be provided along the abutting lot line(s).
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5.12.4 Exception Zones.
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5.13 MINING ZONE - MM
No person shall use any land or erect, alter or use any building or structure in the Mining - MR
zone except in accordance with the provisions of this Section and of any other relevant Sections of
this By-law.
5.13.1 Permitted Uses
- Mineral Aggregate Operation
- Mineral Mining Operation
- Mining
Exploration
and
prospecting
- Mining and mineral extraction
operations
- Supporting
infrastructure;
for
example, water supply and
waste disposal facilities, hydro
electric power facilities, natural
gas facilities, roads
- On-site Smelting and processing
- Pits and quarries
- Storage buildings
- Forestry Use
- Outdoor recreation
- Conservation use
Accessory Buildings, Structures
and Uses (see Section 4.1)
- Accessory uses essential to
mineral extraction operations
(e.g.
administration
offices,
weigh scales, assay office,
power
plant,
lunch
room,
security facilities) and including
only an accessory dwelling unit
required
for
security
or
administration
of
mining
operations.
5.13.2 Zone Requirements
Minimum Lot Area ................................................................................................... no minimum
Minimum Lot Frontage ............................................................................................ no minimum
Minimum Yard Requirements
- All Yards .................................................................................................... 50 m [164 ft]
- Pit or Quarry ............................................................. in accordance with Section 5.14
Minimum Separation Distance: In accordance with Section 4.20 for Class III Industries
5.13.3 Additional Provisions
1.
All mines and mining operations shall be developed, operated or closed in compliance with the
Mining Act and the Environmental Protection Act.
2.
No person shall operate a pit or quarry or a wayside pit or wayside quarry unless any required
approvals under the Aggregate Resources Act of the Environmental Protection Act have been obtained and
are valid for the operation of the pit or quarry or a wayside pit or wayside quarry.
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3.
Pits and quarries shall be operated in accordance with Section 4.20.
5.13.4
Exception Zones
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5.14 MINERAL AGGREGATE RESOURCE - MX
No person shall use any land or erect, alter or use any building or structure in the Mineral
Aggregate Resource - MX zone except in accordance with the provisions of this Section and of any
other relevant Sections of this By-law.
5.14.1 Permitted Uses
- Agriculture
(not
including
buildings and structures)
- Camp
- Conservation Use
- Forestry Use (not including
buildings and structures)
- Mineral Aggregate Operation
- Pit
- Portable Asphalt/Concrete Plant
- Public Service Use (see Section
4.35)
- Public Utility (see Section 4.35)
- Quarry
- Wayside Pit
- Wayside Quarry
Accessory Buildings, Structures and
Uses (see Section 4.1)
5.14.2 Zone Requirements
Minimum Yard Requirements
- All Yards............................................................................................................... 15.0m [49.2 ft]
Maximum Building Height
- Main Building ....................................................................................................... 15.0m [49.2 ft]
- Accessory Building ................................................................................................ 8.0m [26.2 ft]
5.14.3 Additional Provisions
(a)
Despite the yard requirements stated above, a minimum of 30m [98.4 ft] setback will be
required from lot lines adjacent to public roads.
(b)
See also requirements of Section 4.20 of this By-law for for Mineral Aggregate Resources.
5.14.4 Exception Zones
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5.15 WASTE MANAGEMENT FACILITY - WMF
No person shall use any land or erect, alter or use any building or structure in the Waste
Management Facility - WMF zone except in accordance with the provisions of this Section and of
any other relevant Sections of this By-law.
5.15.1 Permitted Uses
- Agriculture (not including buildings and structures)
- Forestry Use (not including buildings and structures)
- Waste Management Facility
5.15.2 Zone Requirements
Minimum Yard Requirements
- All Yards................................................................................................................. 30 m [98.4 ft]
5.15.3 Additional Provisions
(a)
See also requirements of Section 4.20 of this By-law for for a Waste Management Facility.
5.15.4 Exception Zones
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5.16 NATURAL RESOURCE (RURAL) - R
No person shall use any land or erect, alter or use any building or structure in the Natural
Resource (Rural) - R zone except in accordance with the provisions of this Section and of any
other relevant Sections of this By-law.
5.16.1 Permitted Uses
- Ambulance Facility
- Conservation Use
- Forestry Uses
- Natural Heritage Feature and
area
- Outdoor
Recreation
use
(excluding and buildings)
- Public Service Use (see Section
4.35)
- Public Utility (see Section 4.35)
- Wayside Quarry
- Wayside Pit
Accessory Buildings, Structures and
Uses (see Section 4.1)
5.16.2 Zone Requirements
No minimum lot area, frontage or setbacks.
5.16.3 Additional Provisions
(a)
See also requirements of Section 4.20 of this By-Law for separation distances for various
land uses. See also Section4.21 for requirements for Natural Heritage Features and
Areas.
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5.17 ENVIRONMENTAL PROTECTION - EP
No person shall use any land or erect, alter or use any building or structure in the
Environmental Protection - EP zone except in accordance with the provisions of this Section and of
any other relevant Sections of this By-law.
5.17.1 Permitted Uses
- Conservation Use
- Forestry Use
- Natural Heritage Feature
5.17.2 Zone Requirements
No minimum lot area, lot frontage or setbacks.
5.17.3 Additional Provisions
(a)
No building or structure is permitted in the Environmental Protection (EP) Zone except as
otherwise permitted in Section 4.12.2 of this By-law.
(b)
All land under water is within the Environmental Protection (EP) zone and uses of such
land shall be limited to only those specifically approved by the Ministry of Natural
Resources; and
(c)
See also requirements of Section 4.20of this By-Law for separation distances for various
land uses. See also Section 4.8 (requirements for shoreline vegetative buffers) and
Section 4.21for requirements for Natural Heritage Features and Areas.
5.17.4
Exception Zones.
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5.18 HERITAGE - H
No person shall use any land or erect, alter or use any building or structure in the Heritage - H
zone except in accordance with the following provisions.
5.18.1 Permitted Uses
-
Areas of archaeological potential
-
Built heritage resources
-
Cultural heritage landscape
-
Historically established cemetery or burial site
5.18.2
Zone Requirements
-
Minimum Lot Area N/A
-
Minimum Lot Frontage N/A
-
Minimum Yard Requirements - new buildings or structures or extensions thereto:
(a)
Main Building
-
Front yard - Main building ......................................................................... 6.0 m [19.69 ft]
- Accessory building ................................................................................ 6.0 m [19.69 ft]
-
Rear yard - Main building .......................................................................... 8.0 m [26.25 ft]
- Accessory building ........................................................................... 3.0 m [9.84 ft]
-
Interior Side Yard - Main building ............................................................... 3.0 m [9.84 ft]
(b)
Accessory Uses and Building
-
Existing Buildings or structures .............................................................. existing setbacks
Note: Accessory uses include buildings that are complimentary to the primary use (see
Section 4.1 for restrictions).
5.18.3 Additional Provisions
(a)
All development in this Zone shall also comply with the relevant provisions of Section 4
(General Provisions) of this By-law;
5.18.4 Exception Zones