This is the exact embedded text of the captured official document.
Snapshot b1634a157f1c · verified 2026-08-23 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
CITY OF NIAGARA FALLS
By-law No. 2025-065
A by-law to amend Schedule 11 "Commercial Parking Lots" to By-law No. 2001-31, being a by-
law respecting the issuance of licences in the City of Niagara Falls.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS
FOLLOWS:
1. Scheule 11 "Commercial Parking Lots" to by-law No. 2001-31, as amended by bylaw
2017-131, is amended by deleting the previous Schedule 11 and replacing with the
Schedule 11 as found attached to this by-law.
2. Bylaw 2017-131 is hereby repealed.
Read a first, second, third time and passed.
Signed and sealed in open Council this 17th day of June, 2025.
........................................................
.................................................................
WILLIAM G. MATSON, CITY CLERK
JAMES M. DIODATI, MAYOR
COMMERCIAL PARKING LOTS
Schedule 11 to By-law No. 2001-31, amended by By-law No. 2025-065
Authority: Municipal Act, R.S.0. 1990, c. M.45, as amended ("Municipal Act")
1. Definitions
The following definition shall apply for the purposes of this By-law
"Adequate" means something that is enough or satisfactory to meet a certain standard or
requirement as determined by the applicant's "Engineer".
"City Clerk" for the purpose of this by-law, means the City Clerk or their designates.
"Small Commercial Parking lot" means a parking area or structure containing no more than 100
parking spaces, other than a street and used for the temporary parking of two or more vehicles for
profit or gain. This does not include a parking facility used exclusively for the parking of motor
vehicles of customers, visitors, patrons, employees, students, clients, or patients of a business,
educational facility, hospital, medical clinic, nor dental clinic.
"Large Commercial Parking Lot" means a parking area or structure containing more than 100
parking spaces other than a street and used for the temporary parking of two or more vehicles for
profit or gain. This does not include a parking facility used exclusively for the parking of motor
vehicles of customers, visitors, patrons, employees, students, clients, or patients of a business,
educational facility, hospital, medical clinic, nor dental clinic.
"Engineer" an individual retained by the applicant that is a Professional Engineer registered under
The Professional Engineers Act of Ontario, to perform engineering services and conformity to this
bylaw.
"For profit or gain," for the purposes of this by-law, includes but is not limited to: (i) receiving
payment in exchange for providing a space to park a vehicle; or (ii) including a parking space as a
perk, discounted, non-charged or unpaid item, combined with another service that is paid for, such
as, but not limited to, a hotel stay or a meal service.
"Operator" means a person who, alone or with others, carries on, conducts, operates, maintains,
controls, or keeps the business of a commercial parking lot, and "operate",
"Operations" and other words of like import or intent shall be given a corresponding meaning.
"Highway" includes a common and public highway, street, avenue, parkway, driveway, square,
place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for
the passage of vehicles and includes the area between the lateral property lines thereof.
2. Every person who operates a small or large commercial parking lot within the municipality shall first
apply for and obtain an annual licence to do so for each such commercial parking lot.
3. Nothing in this Schedule shall relieve or exempt any person from the obligation to comply with the
requirements of any other by-law of the Municipality in force from time to time or from the
obligation to obtain any licence, permit, authority or approval required under any other by-law of
the Municipality.
4. Notwithstanding section 3 of this by-law, where a parking lot is a permitted use in the zone in which
it is located, a small commercial parking lot shall be exempt from the regulations contained in
Zoning By-law 79-200.
5. Notwithstanding section 3 of this by-law, where a parking lot is a permitted use in the zone in which
it is located, a small commercial parking lot shall be exempt from site plan control.
6. Every person who operates a large commercial parking lot within the municipality shall be subject to
all applicable City By-laws including but not limited to the City's Zoning By-law.
7. Every person who operates a large commercial parking lot within the municipality shall be subject to
site plan control and must adhere to the site plan guidelines in effect.
8.
The operator of every small and large commercial parking lot shall ensure:
(1) that all signs and required facilities are maintained in conformity with all applicable provisions
hereinbefore set forth;
(2) that every entrance, exit, and access aisle is kept unobstructed for its full length and width, and
that all entry, parking and discharge of vehicles is conducted only as indicated on the plans
submitted with the application for licence or as subsequently authorized, provided that this
subsection shall not be deemed to prohibit a suitable ticket office or automatic control device
which does not contribute to congestion or unreasonably obstruct any means of ingress or egress;
(3) that if the operator engages in driving, operating ,or moving motor vehicles parked or stored at
or upon the licensed premises, that the operator be the holder of a valid driver's licence as defined
under the Highway Traffic Act R.S.O. 1990 Chapter H. 8, as amended, and shall not employ any
person or permit any employee to drive or operate such motor vehicle unless such person is the
holder of a valid driver's licence, as defined under the Highway Traffic Act;
(4) that except in the case of a metered or automatically controlled commercial parking lot, a
competent attendant is on duty at all times during business hours as indicated on the sign;
(5) that no soliciting occurs, on any highway, sidewalk or property within the jurisdiction of the
Municipality, on behalf of the licensed commercial parking lot;
(6) that no signs displayed on the licensed premises resemble or be constructed to resemble
the City's official approved parking lot signage existing or amended and all signs and
adhere to sign by-law No. 2021-24;
(7) that no person is allowed to loiter about the premises; and
(8) that the licensed premises be kept free from dirt, debris, snow, ice or other foreign substances
and be kept in a clean and neat condition, and that any sidewalk or street upon which such
premises abuts, be kept free from dirt, debris, snow, ice or other foreign substance derived from
such premises or resulting from the use thereof.
(9) that the parking lot does not negatively affect the parking requirements of Zoning By-law 79-200
for any other use on the property.
9. An application for a small or large commercial parking lot licence shall be made in writing, filed
with the City Clerk, and:
(1) shall show the applicant's name and postal address, the name and address of the commercial
parking lot and a drawing of the proposed commercial parking lot, a full legal description of the
premises used or proposed to be used, together with any sufficient particulars of arrangements
for carrying on the business.
10. Every person operating a small or large commercial parking lot shall:
(1) submit to the City Clerk, prior to the issuance or renewal of a licence under this Schedule, proof
of a policy of comprehensive public liability insurance on an occurrence basis against claims for
personal or bodily injury, death, property damage, or other claim, in the amount of at least
$2,000,000.00, exclusive of interest and all costs, in respect of any one occurrence.
(2) give at least 30 days' notice in writing to the City Clerk of any cancellation, expiry or
variation in the amount of the policy.
11. Every person so licensed shall be subject to the provisions of this Schedule.
12. Licencing signage shall be displayed in a conspicuous place, where it may readily be seen by every driver
of a motor vehicle about to enter the premises bearing in clear and legible letters and figures no less
than ten and no more than thirty centimeters high, the name of the operator, and the licence number of
the licence issued by the City Clerk for the operation of the subject commercial parking lot.
13. Garbage receptacles, properly constructed of steel, or another suitable material, and be placed at central
location, in the numbers prescribed by the following table:
Capacity of Parked Vehicles
Receptacles Required
1 Through 50
1
Each additional 50
+1
14. Every operator licensed under this Schedule shall at all times permit any person authorized by Council
to enter the licensed premises and make such inspection as they deemed necessary in order to ascertain
whether or not the provisions of this Part are being complied with.
15. Any proposed connections to municipal infrastructure (i.e. watermains and sewers) and any works
being proposed within the Public Road Allowance shall require a Municipal or Regional Road
Occupancy Permit to be issued prior to commencement of such works. The applicant will be
required to furnish supplementary drawings and reports prepared by their Engineer in support of
the connections to municipal infrastructure.
16. In addition, to the other relevant provisions in this by-law every small commercial parking lot shall be
so designed, constructed and equipped as to be suitable in all respects for the purposes for which it is
used or intended to be used, and must comply with the following:
(1) provide a 1 m setback from street right of ways, fire hydrants, poles and adjacent driveways.
Relief may be granted from this provision upon the discretion of the Senior Manager of Municipal
Enforcement Services or designate.
(2) any new building or structure proposed in conjunction with the small commercial parking lot
should be setback at least 1m from all property lines.
(3) ensure the parking lot has an adequate drainage system that does not adversely affect adjacent
properties or the public road allowance.
(4) ensure that all parking lots consist of a stable surface (asphalt, concrete, permeable pavers) in
accordance with normal construction specifications.
(5) the location of the vehicular entrances and exits must be setback at least 1 metre from every
abutting entrance or exit driveway except where the driveway serves both properties as a
combined entrance and exit.
(6) ensure that a visual and physical buffer is provided where a commercial parking lot abuts a
residential property in order to mitigate potential impacts. This buffer may consist of a continuous
landscape strip or a solid, wooden privacy fence with a minimum height of 1.8 metres,
constructed in accordance with the City's standard Typical Wood Fence Detail.
(7) ensure that the parking lot is adequately illuminated to restrict light trespass onto adjacent private
residential properties and to reduce glare that may adversely affect motorists.
(8) ensure the parking lot has accessible spaces in accordance with By-law No. 2019-44.
(9) ensure that the parking lot is located in a zone that permits a parking lot.
17. Every operator licensed under this Schedule shall pay an annual licence fee for each commercial
parking lot in accordance with the City's Schedule of fees By-law.
18. Non-compliance with this by-law will be enforced in accordance with the provisions of the
Administrative Monetary Penalties System ("AMPS") for Non-Parking Matters By-law No.
2024-045 and By-law No. 2025-018, as amended (collectively, the "AMPS By-laws"), in
particular, with respect to the penalty shown for By-law No. 2001-31, Schedule 11, Section
8(5) therein.
19. An administrative penalty under the AMPS By-laws, including any administrative fee, that is
not paid within fifteen (15) days after it becomes due and payable shall be deemed to be
unpaid taxes and may be collected in the same manner as taxes in accordance with section
434.2 of the Municipal Act.